CC RES 1995-006RESOLUTION 95 -6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES VACATING THE CITY'S
INTEREST IN SEACLIFF DRIVE AND PALO VISTA
DRIVE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:
Section 1: In July 1993, the Seacliff Hills
Homeowner's Association ( "the applicant ") filed a written request
with the City of Rancho Palos Verdes that the City vacate its
entire interest in Seacliff Drive and Palo Vista Drive.
Section 2: The legal descriptions of the properties
which are the subject of the applicant's request are as follows:
That portion of Seacliff Drive in the City of Rancho
Palos Verdes, County of Los Angeles, as shown on
Tract Map 32574, as recorded in Book 913, Pages 86
through 93 of Maps, in the office of the County
Recorder. That portion of Palo Vista Drive in the City
of Rancho Palos Verdes, County of Los Angeles, as shown
on Tracts 32574 and 34834, as recorded in Book 913,
Page 86 through 93 of Maps, in the office of the County
Recorder.
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 rights -of -way on
December 6, 19940
Section 4: On December 13, 1994, 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 forth in Planning
Commission Resolution 94 -55.
Section 5: The City Council held a duly noticed
public hearing on the matter on January 17, 1995,
Section 6: 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 rights -of -way
proposed to be vacated are not useful as non - motorized
transportation facilities.
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Section 7: The City Council hereby determines that
the rights -of -way which are proposed to be vacated, Palo Vista
Drive and Seacliff Drive, which are described in Section 2 above,
constitute excess rights -of -way which are not required for public
street or highway purposes and which are not necessary for
present or prospective public use*
Section 8: The excess rights -of -way described in
Section 2 above are 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 sanitary sewers and storm drains and
appurtenant structures in, upon over, and across the streets
which are 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 streets proposed to be vacated pursuant to
this Resolution.
Section 9: 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:
i. The applicant shall submit a petition demonstrating
agreement with the vacation which is signed by one hundred
percent (100%) of the current owners of properties which are
subject to the street easements being vacated by this
Resolution or which take access from the subject rights -of-
way
2. 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 Seacliff Hills
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 Seacliff Hills.
Homeowners' 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. 95 -6
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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 January 17, 1996, the City
Council extends the deadline for compliance.
Section 10: 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 this Resolution is recorded with the
Los Angeles County Recorder, the excess rights -of -way described
in Section 2 shall not constitute public streets, highways or
public service easements of the City of Rancho Palos Verdes.
PASSED, APPROVED and ADOPTED this 17th day of January
1995.
Mayo
ATTEST:
' 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. 95 -6 was duly and
regularly passed and adopted by the said City Council at a
regular meeting thereof held on January 171 19959
RESOL. NO. 95 -6
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