CC RES 1997-009RESOLUTION 97 -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES VACATING THE CITY'S INTEREST IN A PORTION OF
WHITLEY COLLINS THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, HEREBY RESOLVES, FINDS AND
DETERMINES AS FOLLOW:
Section 1: In October 1994, the Island View Homeowner's Association
( "the applicant ") filed a written request with the City of Rancho Palos Verdes that the
City vacate its interest in a portion of Whitley Collins .
Section The legal descriptions of the properties which are the
subject of the applicant's request is as follows:
Parcel One:
That portion of Whitley Collins lying within the boundaries of Tract 38848, in the
City of Rancho. Palos Verdes, County of Los Angeles, State of California, as
recorded in Book 1017 Pages 8 through 14 in the County Books of Maps lying
northwesterly of a line that is 23 feet, measured at right angles, northwesterly of
the centerline of Santa Barbara said centerline being shown in said Tract Map
and bounded on the southwest by the centerline of Whitley Collins
Parcel Two :
That portion of Whitley Collins lying within the boundaries of Tract 38848, in the
City of Rancho Palos Verdes, County of Los Angeles, State of California, as
recorded in Book 1017 Pages 8 through 14 in the County Books of Maps
lying northwesterly of a line that is 23 feet, measured at right angles,
northwesterly of the centerline of Santa Barbara said centerline being shown in
said Tract Map and bounded on the northeast by the centerline of Whitley
Collins
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. 96-
92, the City Council adopted a Resolution of Intention to order the vacation of the
subject rights -of -way on October 15, 1996.
Section 4: On August 27, 1996, the Planning Commission considered
the proposed vacation and found the proposed vacation to be consistent with the City's
General Plan. The Planning Commission's finding is set froth in Planning Commission
Resolution.
Section 5: The City Council held a duly noticed public hearing on the
matter on February 18, 1997.
Section 6: The City Council hereby determines that the street right -of-
way which is proposed to be vacated which is described in Section 2 above constitutes
excess right -of -way which is not required for present or prospective public use as a
public street for use by motorized vehicles.
Section 7: The excess right -of -way 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. The City Council hereby finds that the
public convenience and necessity require the reservation and exception from the
vacation easements and the right at any time, or from time to time, to construct,
maintain, operate, replace, remove, and renew non - vehicular access for pedestrian use
by the public, sanitary sewers and storm drains, drainage facilities, and appurtenant
structures in, upon over, and across the street which is being vacated, 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 in, upon
and over the street proposed to be vacated pursuant to this resolution.
Section 8: 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 record a document, in a form which is acceptable to
the City, executed by each of the owners of properties which are subject
to the street easements being vacated by this Resolution conveying to the
Island View Homeowners' Association an easement for private street
purposes and which prevents any use or structure within said easement.
2. The applicant shall demonstrate that the Island View Homeowner's
Association has the legal authority to undertake the responsibility of
maintaining the subject rights -of -way as private streets and to charge a
fee or other assessment to their members to ensure that the private
streets will be adequately and regularly maintained.
Resol. No. 97 -09
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3. The Island View Homeowner's Association ( "Association ") shall indemnify, hold
harmless and defend the City of Rancho Palos ( "City ") and each councilmember
thereof, and every officer, employee and agent of City, from any and all claims,
causes of action, damages to persons or property, penalties, obligations,
liabilities or financial losses, including, without limitation, attorney's fees and
court costs, arising from City's action of vacating its easement for street
purposes over a portion of Whitley Collins.
4. Association shall post a surety bond issued by a California admitted surety
insurer payable to City in the amount of $7,500.00 to guarantee the cost of
providing City's initial defense of any lawsuit which is filed to challenge the
vacation of the street easement including without limitation, attorneys' fees
awarded to the plaintiff(s). If Association chooses to defend City against the
lawsuit, rather than requesting City to appeal its resolution vacating the street,
Association shall increase the amount of the bond to an amount which is
satisfactory to City. The amount of the bond shall be increased again the an
amount which is satisfactory to City, if the trial court's decision is appealed and
Association chooses to participate in the appeal on City's behalf.
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, prior to February 18, 19987
the City Council extends the deadline for compliance.
Section 9: Subject to the applicant's compliance with all of 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 County of Los Angeles. From and after the date that the Resolution is
recorded with the Los Angeles County Recorder, the excess right -of -way described in
Section 2 shall not constitute a public street or highway of the City of Rancho Palos
Verdes.
Resol. No. 97 -09
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PASSED, APPROVED and ADOPTED this 18th day of February, 1997.
M6y'ory
ATTEST:
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 -09 duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on February 18, 1997.
r�.
L �Y
CITY CLERK
IV
Resol. No. 97 -09
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