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CC RES 1997-047i r i T 3 97 Recording Requested By CITY OF RANCHO PALOS VERDES And When Recorded Mail To: Name CITY CLERK Street CITY OF RANCHO PALOS VERDES Address 30940 HAWTHORNE BLVD. City, state, RANCHO PALOS VERDES, CA Zip code 90275 99932' RECORDED/FILED IN OFFICIAL RECORDS LOS ANGELES OFFICE ,;. CALIFORNIA 1:01 PM JUL 03 1997 Space Above This Line For Recorder's Use RESOLUTION 97 -47 FREE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING THE CITY'S INTEREST IN A PORTION OF A RIDING AND HIKING TRAIL OVER LOT 155 OF TRACT 22200 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOW: Section 1: In December 1996, the property owner of Lot 155 of Tract 22200 ( "applicant ") filed a written request with the City of Rancho Palos Verdes that the City vacate its interest in a portion of an easement for a riding and hiking trail across the property. Section 2: The legal description of the property which is the subject of the applicant's request is as follows: The southeasterly 20 feet of Lot 155 of Tract 22200 Section 3: Pursuant to the provisions of Division 9, Part 3 of the Streets and Highways Code of the State of California and the City's procedures for vacation of City rights -of -way and easements, as established in City Council Resolution No. 90- 93, the City Council adopted a Resolution of Intention to order the vacation of the subject public service easement on May 6, 1997. Section 4: In 1993, the City took an action by which this trail was removed from the City's Conceptual Trails Plan. Thus, the City has determined that this easement is not needed for trail purposes. Section 5: On April 22, 1997, the Planning Commission considered the proposed vacation and found the proposed vacation to be consistent with the City's General Plan. r� u 4 P, 21 "" Section 6: matter on June 3, 1997. The City Council held a duly noticed public hearing on the Section 7: The City Council hereby finds that the public convenience and necessity require the reservation and exception fron the vacation of the easement the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across the portion of the public service easement which is being vacated, and pursuant any existing franchise with the City of Rancho Palos Verdes, or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic, cable television and telephone lines, and for the transportation or distribution of electric energy, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the portion of the easement proposed to be vacated pursuant to this Resolution. Section 8: Pursuant to Section 892 of the Streets and Highways Code of the State of California, the City Council hereby finds and determines that the public service easement proposed to be vacated is not useful as non - motorized transportation faci I ity. Section 9: The City Council hereby determines that the public service easement which is proposed to be vacated which is described in Section 2 above constitutes an excess right -of -way which is not required for public present or prospective public use. Section 10: The public service easement described in Section 2 above is hereby vacated under the authority of the provisions of Division 9, Part 3 of the Streets and Highways Code of the State of California. Section 11: Upon the authorization of the Director of Public Works, the City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Recorder of County of Los Angeles. From and after the date that the Resolution is recorded with the Los Angeles County Recorder, the public service easement described in Section 2 shall not constitute a public service easement of the City of Rancho Palos Verdes. 97 999127 Resolution No. 97 -47 Page 2 PASSED, APPROVED and ADOPTED this 3rd day of June, 1997. .5 Mayor ATTEST: �Q Deputy City Clerk State of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No. 97 -47 duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 3, 1997. 21 , � .1,d DEPUTY CITY CL RK 97 99912'7 Resolution No. 97-47 Page 3 RESOLUTION 97 -47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING THE CITY'S INTEREST IN A PORTION OF A RIDING AND HIKING TRAIL OVER LOT 155 OF TRACT 22200 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOW: Section 1: In December 1996, the property owner of Lot 155 of Tract 22200 ( "applicant ") filed a written request with the City of Rancho Palos Verdes that the City vacate its interest in a portion of an easement for a riding and hiking trail across the property. Section 2: The legal description of the property which is the subject of the applicant's request is as follows: The southeasterly 20 feet of Lot 155 of Tract 22200 Section 3: Pursuant to the provisions of Division 9, Part 3 of the Streets and Highways Code of the State of California and the City's procedures for vacation of City rights -of -way and easements, as established in City Council Resolution No. 90- 93, the City Council adopted a Resolution of Intention to order the vacation of the subject public service easement on May 6, 1997. Section 4: In 1993, the City took an action by which this trail was removed from the City's Conceptual Trails Plan. Thus, the City has determined that this easement is not needed for trail purposes. Section 5: On April 22, 1997, the Planning Commission considered the proposed vacation and found the proposed vacation to be consistent with the City's General Plan. Section 6: The City Council held a duly noticed public hearing on the matter on June 3, 1997. Section 7: The City Council hereby finds that the public convenience and necessity require the reservation and exception fron the vacation of the easement the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across the portion of the public service easement which is being vacated, and pursuant any existing franchise with the City of Rancho Palos Verdes, or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic, cable television and telephone lines, and for the transportation or distribution of electric energy, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the portion of the easement proposed to be vacated pursuant to this Resolution. Section 8: Pursuant to Section 892 of the Streets and Highways Code of the State of California, the City Council hereby finds and determines that the public service easement proposed to be vacated is not useful as non - motorized transportation faci I ity. Section 9: The City Council hereby determines that the public service easement which is proposed to be vacated which is described in Section 2 above constitutes an excess right -of -way which is not required for public present or prospective public use. Section 10: The public service easement described in Section 2 above is hereby vacated under the authority of the provisions of Division 9, Part 3 of the Streets and Highways Code of the State of California. Section 11: Upon the authorization of the Director of Public Works, the City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Recorder of County of Los Angeles. From and after the date that the Resolution is recorded with the Los Angeles County Recorder, the public service easement described in Section 2 shall not constitute a public service easement of the City of Rancho Palos Verdes. PASSED, APPROVED and ADOPTED this 3rd day of June, 1997. 1 Mayo ATTEST: County of Los Angeles City of Rancho Palos Verdes SS I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No. 97 -47 duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June/, , 1997. CITY CLE Resolution No. 97 -47 Page 2