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CC RES 1994-078RESOLUTION NO. 94 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING THE CITY'S INTEREST IN AN EXCESS RIGHT -OF -WAY LOCATED ON THE NORTHEAST SIDE OF PALOS VERDES DRIVE EAST AT CORSINI PLACE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: Section 1: In June'1993, John Cigliano ( "the applicant ") filed a written request with the City of Rancho Palos Verdes that the City vacate its interest, an easement, in an excess right -of -way portion of Palos Verdes Drive East at Corsini Place. Section 2: The legal description of the property which is the subject of the applicant's request is as follows: "That portion of Palos Verdes Drive East (150 feet wide) in the City of Rancho Palos Verdes, County of Los Angeles, described as follows: Beginning at the most northerly corner of Lot 14, Block 4800, Tract 7145, as recorded in Book 96, Page 19 of Maps, in the office of the county recorder of said county; being also the north easterly end of that boundary line between Lots 13 and 14 of the above said Block and Tract, said line having a bearing of N 720 46' 00" E and a length of 192.37 feet; thence N 720 46' 00" E 35.00 feet, thence along a 60 foot radius non tangent curve concave westerly, whose radial bears N 540 10' 45" E, through an arc angle of 740 27' 3311, the distance along said curve being 77.97 feet; thence S 380 38' 18" W 35.53 feet to a point on a 63.24 foot radius curve concave westerly whose radial bears S 510 21' 42" E, said curve being the easterly and southeasterly boundary of said Lot 14, thence northeasterly and northerly 87.79 feet along said boundary through an arc of angle of 790 32' 28 "; thence continuing along said boundary N 400 54' 10" W 12.00 feet to the point of beginning." 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 Right- 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 right -of -way at issue on April 5, 1994. The City Council held a duly noticed public hearing on such proposed vacation on May 3, 1994 which was continued until July 19, 1994 so that the Planning Commission could review the matter for consistency with the City's General Plan., Section 4: On June 28, 1994, the Planning Commission considered the proposed vacation, found the proposed vacation to be consistent with the City's General Plan and recommended approval of the vacation to the City Council through the adoption of Resolution 94 -24. Section 5: The City Council held a duly noticed public hearing on the matter on September 6, 19949 Section 6: Pursuant to Section 2381 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 is not useful as a non - motorized transportation facility. Section 7: The City Council hereby determines that the portion of Palos Verdes Drive East described in Section 2 above, constitutes excess right -of -way which is not required for street or highway purposes. The City Council further finds and determines that such excess right -of -way has never been used or developed for street or highway purposes, is not needed for street or highway purposes and is an excess right -of -way. Section 8: The excess right -of -way described in Section 2 above is hereby vacated. Such vacation is made under the authority of the provisions of Division 9, Part 3 of the Streets and Highways Code of the State of California. Section 9: Said vacation shall not become effective for any purpose, and this Resolution shall not be recorded, unless and until the applicant provides to the Director of Public Works evidence satisfactory to the Director that fee title to the property described in Section 2 above has been conveyed to the applicant by the current record owner. Said evidence must be provided by the applicant to the Director of Public Works prior to the expiration of six (6) months f rom the date of adoption of this Resolution. If the applicant fails to provide said evidence within that period, this Resolution and the City Council's approval of the vacation shall. be null and void. Section 10: Subject to the applicant's compliance with 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 94 -78 Page 2 Resolution is recorded with the Los Angeles County Recorder, the excess right -of -way described in Section 2 shall not constitute a public street, highway or public service easement of the City of Rancho Palos Verdes. PASSED, APPROVED and ADOPTED this 6th day of September, 1994. MAYOR ATTEST: CITY CLERK St '&te of California 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. 94 -78 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 6, 19940 CITY CLERKj CITY OF RANtHO PALOS VERDES Resolution 94 -78 Page 3