RESOLUTION NO. 2024-57
A RESOLUTION OF THE CITY OF HESPERIA, CALIFORNIA, TO VACATE THE SOUTHERLY 10 FEET OF HERCULES AVENUE BETWEEN THIRD AVENUE AND HESPERIA ROAD AS DESCRIBED IN THE ATTACHED LEGAL DESCRIPTION EXHIBIT “A” AND ILLUSTRATED IN THE ATTACHED PLAT MAP EXHIBIT “B.” WHEREAS, 9980 Hesperia Rd, LLC is the current property owner of APN: 0407-061-11, located on the southwest corner of Hercules Avenue and Hesperia Road, and intends to develop a 14-unit apartment complex on this parcel; and WHEREAS, 9980 Hesperia Rd, LLC is requesting to vacate the southerly 10 feet of Hercules Avenue between Third Avenue and Hesperia Road as described per the attached Exhibits “A” and “B”; and WHEREAS, a vacation of land is requested to conform with the approved site plan submitted under the site plan review; and WHEREAS, the City Council is authorized to vacate any street or portion thereof within the City by Streets and Highways Code Section 8320; and WHEREAS, the southerly 10 feet of Hercules Avenue between Third Avenue and Hesperia Road is not needed for street or highway purposes; and WHEREAS, this vacation is made pursuant to the requirements of California Streets and Highway Code, Division 9. – Change of Grade and Vacation, Part 3. – Public Streets, Highways, and Service Easement Vacation Law, Chapter 3. – General Vacation Procedure (sections 8300 et seq.); and WHEREAS, on October 23rd, 2024, the Notices of Public Hearing to vacate said street were posted in the area of Hercules Avenue not less than 20 days before the date of the public hearing; and WHEREAS, the Public Hearing was held on November 19, 2024; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this resolution are true and correct; and Section 2. The City Council finds and declares that the southerly 10 feet of Hercules Avenue between Third Avenue and Hesperia Road which is proposed to be vacated, is not required for street or highway purposes under Section 8334, subdivision (a) of the Streets and Highways Code; and Section 3. The City Council, under the authority vested in it by the Streets and Highways Code, sections 8334, subdivision (a) and 8335, hereby orders the vacation of the southerly 10 feet of Hercules Avenue between Third Avenue and Hesperia Road as described on the attached Exhibits “A” and “B”; and Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions; and Section 5. The City Clerk is authorized to present this Resolution to the County Recorder to be filed for record.
ADOPTED AND APPROVED this 19th day of November 2024.
______________________________
Larry Bird
Mayor
ATTEST:
____________________________
Erin Baum
Assistant City Clerk
Resolution No. 2024-02
Vacate Bishop Avenue