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CC RES 1998-035RESOLUTION 98 -35 A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES REGARDING THE VACATION OF A PORTION OF THE NARBONNE AVENUE STREET RIGHT - OF -WAY BETWEEN PALOS VERDES DRIVE EAST AND SUNNYSIDE RIDGE ROAD THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: Section 1: Resolution 96 -62 is hereby rescinded Section 2: In 1995, the Narzarian Corporation ( "the Applicant ") filed a written request with the City of Rancho Palos Verdes ( "City ") seeking vacation of the City's easement for street purposes for the Narbonne right -of -way over the Applicant's lot. Section 3: The legal description of the property which is the subject of the Applicant's request is as follows: That portion of Narbonne Avenue, 100 feet wide, in the City of Rancho Palos Verdes, County of Los Angeles, as shown on the Map of Tract 20429, as recorded in Book 574, Pages 31 and 32 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the southwesterly corner of lot 21 of said tract 20429; thence along the westerly line of said lot, northerly along a curve concave westerly, having a radius of 550 feet, a distance of 20.07 feet to the end of said curve; thence continuing along the westerly line of said lot, and the northerly prolongation of said westerly line north 100 51'05" east 418.10 feet to the southerly line of Palos Verdes Drive East 90 feet wide, as shown on said map; thence westerly along said southerly line to the northerly prolongation of that portion of the easterly line of lot 20 of said tract 20429, shown as having a bearing and length of south 10 051'05" west 400.47 feet on said map; thence along said prolongation and said easterly line south 10051'05" west 417.47 feet to the beginning of a tangent curve in said easterly line, concave westerly, having a radius of 450 feet; thence southerly along said curve, 21.49 feet to the southeast corner of said lot 20; thence south 69054'05" east 100.96 feet to the point of beginning. Excepting therefrom the southerly 30.00 feet as measured perpendicular to the last described course or the prolongation thereof for an easement for street purposes for the Sunnyside Ridge Road street right -of -way and for easements and the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non - vehicular trails for use by the public, sanitary` sewers and storm drains and appurtenant structures, and pursuant to 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; and further Reserving therefrom the easterly 10.00 feet as measured perpendicular or radially to the easterly line of the above described property, and further reserving therefrom the property lying north of the herein described line and its prolongation; beginning at a point on the above line described as south 10051'05" west 417.47 feet said point being 290.36 feet south 10051,05" west of the northerly termination of said line thence south 79 008'55" east for easements and the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew non - vehicular trails for pedestrian and equestrian use by the public, sanitary sewers and storm drains, drainage facilities and appurtenant structures, and pursuant to 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. The property described above also is described in Exhibit "A" hereto which is incorporated herein and made a part hereof by this reference. Section 4: 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 right -of -way, as described above in Section 2, on July 2, 1996. Section 5: On May 28, 1996, the Planning Commission considered the proposed vacation and found the proposed vacation of the subject right -of -way, as described above in Section 2, to be consistent with the City's General Plan. The Planning Commission's finding is set forth in Planning Commission Resolution 96 -11. Resol. No. 98 -35 Page 2 Section 6: The City Council held a duly noticed public hearing on the matter on August 6, 1996. Section 7: Pursuant to Section 892 of the Streets and Highways Code of the State of California, the City Council hereby finds and determines that the excess right -of -way proposed to be vacated, as described in Section 2 above and subject to the reservations and exceptions set forth therein, is not useful as a non - motorized transportation facility. Section 8: The City Council further hereby determines that the right -of- way which is proposed to be vacated, as described in Section 2 above and subject to the reservations and exceptions set forth therein, constitutes an excess right -of -way which is not required for public street or highway purposes and which is not necessary for present or prospective public use. Section 9;. The excess right -of -way described in Section 2 above, and subject to the reservations and exceptions set forth therein, 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 10: Said vacation shall not become effective for any purpose, and this Resolution shall not be recorded, unless and until the Applicant meets the following conditions: 1. The Applicant shall post a cash deposit with the City in the amount of $2000.00 to cover the cost of clearing and preparing the ten -foot wide trail along the east side of the of the subject property, which is being reserved pursuant to this Resolution for public use, and for the installation of signs identifying said trail. 2. The Applicant shall provide a map to the City which accurately depicts the legal description set forth in Section 2 of this Resolution, to the satisfaction of the Director of Public Works; the map is to be attached as Exhibit "A" hereto. If these conditions are not satisfied within one year from the date of adoption of this Resolution, this Resolution shall be null and void unless, the City Council extends the deadline for compliance. Section 11: Subject to the Applicant's compliance with the conditions set forth in Section 9 of this Resolution, and 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 the County of Los Angeles. From and after the date that this Resolution is recorded with the Los Angeles County Recorder, the excess right -of -way described in Section 2 above, and subject to the reservations and exceptions set forth therein, shall not constitute a public street, highway or public service easement of the City of Rancho Palos Verdes. Resol. No. 98 -35 Page 3 PASSED, APPROVED and ADOPTED this 19th day of May 1998. Mayor ATTF ST• 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. 98 -35 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 19, 1998. ity Clerk Cit � Y f Rancho Palos Verdes , Resol. No. 98 -35 N:\GROUP\PW\DEAN\DATA\CITY-ENG\NARBONNE\NARB2.RES Page 4 SCALE: 1" = 50' �o 00 CA W ? . v, • O C wo of � O Z S 78'39'29" E .RAD) S'ELY CORNER OF LOT 20 REMAINDER o S 77' 11 '24" E �RAD) S 77'03'24" E SOL V!S — _ AD Tq Lq� Poe E W (9 O W � W CC � O 2 Z N 25' ,r, 25' E NAZARIAN CORPORATION KATAIWA ROAD NTUCKET, RI 02861 EXHIBIT 'A' EASEMENT MAP OF A PORTION OF NARBONNE AVENUE TO BE VACATED AREA OF NARBONNE AVENUE BEING VACATED UNENCUMBERED BY EASEMENT RESERVATIONS AREA OF NARBONNE AVENUE BEING VACATED SuFtIcrr f S' 0 45, 1tJ • Q ♦ ct j R =592.46' A= 9'51'12" L =118.90' �` -S 72-16",30" E 0.29' to O R=201.81 Q 0= 0.01'44 "0.. L=O. 10' PROPERTY LINE owmam go-No SHEET 1 OF 1 p ILOAK s(A m S 5i ' 0 50' 100' Psoanoe ono Associates 3420 Ocean Parts Boulevard Engineers Santa Monica. California 90403 Surve GRAPHIC SCALE 310/4W -1217 3lei &Al_7A„ tea+^ 89O94 RECEIVED 98'"' City of Rancho Palos Verdes RECORDING REQUEST BY Oii-'i' OF 1e/11,1cliv TA-was v.egoEs 98-890918 JUL 28 1998 WHEN RECORDED MAIL TO NAME CIer ) Ci4-1 of"Rax►C,�o-'i- ,,(os RECORDED/FILED IN OFFICIAL REC0� ,' LERK'S OFFICE C,1ci,1 RECORDER'S OFFICE MAILING V€-rCfrS LOS ANGELES COUNTY ADDRESS $0(11) 12L1CVtiI CALIFORNIA cirr,STATE ���o Pat� jsM 3Q:41 AM MAY 27 1998 calS- ZIP CODE SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) �ESotAit°f'I oN '10-- 35 R428 6/94 Recording requested by and when recorded mail to: CITY CLERK CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Recording Fee: Exempt Exempt from Documentary Transfer Tax Pursuant to (Government Code-Section 6103) Pursuant to R&T Code Section 11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION 98-35 A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES REGARDING THE VACATION OF A PORTION OF THE NARBONNE AVENUE STREET RIGHT- OF-WAY BETWEEN PALOS VERDES DRIVE EAST AND SUNNYSIDE RIDGE ROAD THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: Section 1: Resolution 96-62 is hereby rescinded Section 2: In 1995, the Narzarian Corporation ("the Applicant")filed a written request with the City of Rancho Palos Verdes ("City") seeking vacation of the City's easement for street purposes for the Narbonne right-of-way over the Applicant's lot. Section 3: The legal description of the property which is the subject of the Applicant's request is as follows: That portion of Narbonne Avenue, 100 feet wide, in the City of Rancho Palos Verdes, County of Los Angeles, as shown on the Map of Tract 20429, as recorded in Book 574, Pages 31 and 32 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the southwesterly corner of lot 21 of said tract 20429; thence along the westerly line of said lot, northerly along a curve concave westerly, having a radius of 550 feet, a distance of 20.07 feet to the end of said curve; thence continuing along the westerly line of said lot, and the northerly prolongation of said westerly line north 10°51'05" east 418.10 feet to the southerly line of Palos Verdes Drive East 90 feet wide, as shown on said map; thence westerly along said southerly line to the northerly prolongation of that portion of the easterly line of lot 20 of said'tract 20429, shown as having a bearing and length of south 98- 890918 10°51'05"wes 400.47 feet on thence along said prolongation and e . west 0.47 fe n said map; th n ng p g said easterly line south 10°51'05"west 417.47 feet to the beginning of a tangent curve in said easterly line, concave westerly, having a radius of 450 feet; thence southerly along said curve, 21.49 feet to the southeast corner of said lot 20; thence south 69°54'05" east 100.96 feet to the point of beginning. Excepting therefrom the southerly 30.00 feet as measured perpendicular to the last described course or the prolongation thereof for an easement for street purposes for the Sunnyside Ridge Road street right-of-way and for easements and the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non-vehicular trails for use by the public, sanitary sewers and storm drains and appurtenant structures, and pursuant to 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; and further Reserving therefrom the easterly 1 0.00 feet as measured perpendicular or radially to the easterly line of the above described property, and further reserving therefrom the property lying north of the herein described line and its prolongation; beginning at a point on the above line described as south 10°51'05"west 417.47 feet said point being 290.36 feet south 10°51'05"west of the northerly termination of said line thence south 79°08'55" east for easements and the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew non-vehicular trails for pedestrian and equestrian use by the public, sanitary sewers and storm drains, drainage facilities and appurtenant structures, and pursuant to 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. The property described above also is described in Exhibit"A" hereto which is incorporated herein and made a part hereof by this reference. Section 4: • 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 right-of-way, as described above in Section 2, on July 2, 1996. Resol. No. 98-35 98- 8 Page 2 Section 5,: On May 28, 1996, the Planning Commission considered the proposed vacation and found the proposed vacation of the subject right-of-way, as described above in Section 2, to be consistent with the City's General Plan. The Planning Commission's finding is set forth in Planning Commission Resolution 96-11. Section 6: The City Council held a duly noticed public hearing on the matter on August 6, 1996. Section 7: Pursuant to Section 892 of the Streets and Highways Code of the State of California, the City Council hereby finds and determines that the excess right-of-way proposed to be vacated, as described in Section 2 above and subject to the reservations and exceptions set forth therein, is not useful as a non-motorized transportation facility. Section 8: The City Council further hereby determines that the right-of- way which is proposed to be vacated, as described in Section 2 above and subject to the reservations and exceptions set forth therein, constitutes an excess right-of-way which is not required for public street or highway purposes and which is not necessary for present or prospective public use. Section 9; The excess right-of-way described in Section 2 above, and subject to the reservations and exceptions set forth therein, 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 10: Said vacation shall not become effective for any purpose, and this Resolution shall not be recorded, unless and until the Applicant meets the following conditions: 1. The Applicant shall post a cash deposit with the City in the amount of$2000.00 to cover the cost of clearing and preparing the ten-foot wide trail along the east side of the of the subject property, which is being reserved pursuant to this Resolution for public use, and for the installation of signs identifying said trail. 2. The Applicant shall provide a map to the City which accurately depicts the legal description set forth in Section 2 of this Resolution, to the satisfaction of the Director of Public Works; the map is to be attached as Exhibit"A" hereto. If these conditions are not satisfied within one year from the date of adoption of this Resolution, this Resolution shall be null and void unless, the City Council extends the deadline for compliance. 98_ 890918 Reso l. No. 98-35 Page 3 Section 11: pp s compliance to the A licant' liance with the conditions set forth in Section 9 of this Resolution, and 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 the County of Los Angeles. From and after the date that this Resolution is recorded with the Los Angeles County Recorder, the excess right-of-way described in Section 2 above, and subject to the reservations and exceptions set forth therein, shall not constitute a public street, highway or public service easement of the City of Rancho Palos Verdes. PASSED, APPROVED and ADOPTED this 19th day of May 1998. /S/ BARBARA J. FER1 ARO Mayor ATTEST: /S/ JO PURCELL 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. 98-35 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 19, 1998. • ...� ClCity Clerk of Rancho Palos Verdes 98- 890918 Resol. No. 98- /dat.' Page v°1 NAGROUPIPIMDEANIDATAICITY ENGINARBONNEWARBZREC 98- 890918 ....___ ; SCALE: 1" = 50' EXHIBIT'A' SHEET 1 or I EASEMENT MAP 0 1 OF A PORTION OF NARBONNE AVENUE TO BE VACATED a ...... „_,,,k-AEr-"m' W \ AREA OF NARBONNE AVENUE BONG VACATED 1 M p Q ■ UNENCUMBERED BY EASEMENT RESERVATIONS 07 rz Q ir F7.7.1 AREA OF NARBONNE AVENUE BONG VACATED SUBJECT p }' TO NON-STREET EASEMENT RESERVATIONS VI t� z .� TIONs • AREA OF EXCEPTION TO VACATION TWAT REMAINS 0 H 2b �, SUBJECT TO ALL EXISTING EASEM 'ti o 0 ANTS, INCLUDING ,� • 0 AN EASEMENT FOR STREET PURPOSES et, OE.a S 78'39'29" E o R=450.00'" AREA TO BE 0° 'RAD of ' ;0'29 26 VACATED o,°�' L=3.85' x R.O.W. UN 438.940,6_ ,....___ - t 5 ELY CORNER 26.54 - s i�► — � �� fig Ihh".""''''""--..-• NZ".,i'''1,, .. ■ 1 .06 .74 . ' .....**. -......: .4.-P:°' . y., , • . - . A -7 1. . . • tr - •6--(` N 695405 w� _• p REMAINDER ` '' 101.3 ' : • s'• ,__ - . Lit 1 f 3 a,� • • '� • .N%- =540.00 =1 57 31 .' E(,-.....-..........:-... 4 . Icno o co' : =18.46' - I o. ( p R=592.4:r o 1�1.89'��` • ;-P: — il=751'S 1 77')124" E °'A���;, ' " E�148C0 � L=118.9' ,� �� .► '7•' . ' . 'I ` S 72' 6 34 E ...al...........AD) ' i!„ - • . • 0.29 cn S 7703'24" E ` - 10.26' S )0'51'05" W p -.O.w. LINE �! SOLS '=241.81 Q r �'° .�� a=0'01'44 11. A LANE POB 8--550. 0 REMAINDER 1 E A=705'31" ' �.c L=0.)0' 41 L=20.07 ' c 20.15' t EE 0 iie # 'Ad - ; (a Q 0 �,t LAND sG9 PROPERTY LINE .(ru* II CO 25' 0 . ' \\■' -%'2// 1 INNEE . '25 PSOMAS i THE NAZAR I AN CORPORATION 50* 0 50• 100• P.omas and Associates Engineers I 10 KATAMA ROAD i ss3:o a woonr�oa.Carr ornio X0°403 Planners ' PAWTUCKET• R 1 02861 GRAPHIC C 'c'ALE 310/430-1217 310/432-7.11 (FAX) 1- J08 NO. iNAZ0201 DATE: MAY 5. 1998