CITY OF
LONG
June 21, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
H-24
Receive supporting documentation into the record, conclude the public hearing, find that the streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard to be vacated are not needed for present or prospective public use; and, adopt a Resolution ordering the vacation, based on the findings and memorializing the conditions of approval included therein. (District 8)
DISCUSSION
Avanath Seaport, LLC, owner of the apartment buildings at 5601 Paramount Boulevard, is requesting the vacation of the streets and alleys adjacent to the apartment buildings, to install entry gates, creating a secured residential apartment campus (Attachment A).
Consistent with California land reversion practices and Chapter 3, General Vacation Procedure, of the Public Streets, Highways, and Service Easements Vacation Law of the California Streets and Highways Code, the vacated public rights-of-way will revert to the private property parcels adjacent to the street portion vacated. Easements will be reserved over the vacated streets and alleys to protect the rights to existing utility services and appurtenances and to maintain ingress/egress access rights preserving legal access for the tenants of the apartment complex.
If approved, the vacated streets would allow the property owners to install entry gates creating an enclosed private residential apartment campus. Public Works supports this action based on the findings and conditions of approval, establishing the dedicated rights-of-way to be vacated is unnecessary for present or prospective use for the public at large.
On May 17, 2022, the City Council adopted Resolution No. RES-22-0075, declaring its intention to vacate the subject locations, and set June 21, 2022, as the date for the public hearing.
This matter was reviewed by Deputy City Attorney Erin Weesner-McKinley and Budget Management Officer Nader Kaamoush on June 7, 2022.
TIMING CONSIDERATIONS
The date of this public hearing was set for June 21, 2022 by the City Council on May 17, 2022, to vacate streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard.
HONORABLE MAYOR AND CITY COUNCIL
June 21, 2022
Page2
FISCAL IMPACT
A final vacation processing fee in the amount of $5,576 was deposited in the General Fund Group in the Public Works Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
There is no local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
L/zrr;-
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
ATTACHMENTS: RESOLUTION
A- VACATION SKETCH
APPROVED:
THOMAS 8. MODICA
CITY MANAGER
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO.
A RESOLUTION ORDERING THE VACATION OF
THE STREETS AND ALLEYS WITHIN THE SEAPORT
VILLAGE COMPLEX LOCATED AT 5601 PARAMOUNT
BOULEVARD IN THE CITY OF LONG BEACH, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
WHEREAS, the City Council of the City of Long Beach, did heretofore, on May 17, 2022, by Resolution No. RES-22-0075, declare its intention to order the vacation, pursuant to the provisions of the Public Streets, Highway s, and Service Easements Law, the streets and alleys within the Seaport Village Complex locate d at 5601 Paramount Boulevard, in the City of Long Beach, County of Los Angeles, State of California, as described on the attached Exhibit “A”, and as shown on the attached Exhibit “B”; and WHEREAS, the City Council did, at said time, fix Tuesday, June 21, 2022, at the hour of 5:00 p.m., as the time and the Civic Chamber, 411 West Ocean Boulevard, in the City of Long Beach, California, as the place for hearing for all persons interested in or objecting to the proposed vacation to appear and be heard or via teleconference pursuant to California Assembly Bill 361 . The public had the option to use eComment to provide comments and written comments could also be submitt ed by email to [email protected]; and
WHEREAS, notice of the resolution of the intention to vacate, stating the time and place of said hearing, was duly posted in the manner prescribed by law; and WHEREAS, said hearing was called and held before the City Council at the time and place so fixed and evidence taken and received on the matter of said proposed vacation, and the City Council, upon said evidence, now make s those findings of fact and or conditions set forth in said Exhibit “ C”, attached hereto and by this reference made a part hereof;
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. Pursuant to the foregoing resolution of intention, the proceedings had thereunder, Vacation Sketch No. 1032V showing the streets and alleys within the Seaport Village Complex locate d at 5601 Paramount to be vacated by the City of Long Beach attached hereto as Exhibit “ D”, and the City Council Findings attached hereto as Exhibit “ C”, said City Council of the City of Long Beach hereby mak es its resolution vacating and closing a portion of the street hereinabove described.
Section 2. Easement Reservations: Reserving unto the City of Long Beach, its successors and assigns a perpetual easement and right of way, at any time or from time to time, to lay, construct, maintain, operate, repair, renew, replace, change the size of and remove the existing utility lines, including, but not limited to, water mains and appurtenant structures, together with all necessary gates, valves, fittings, hydrants and appurtenances for the transportation of water with the right of ingress to and egress from the same, over, through, under, along and across that certain property vacated herewith; and pursuant to any existing franchises or renewals thereof, or otherwise, to const ruct, maintain, operate, replace, remove, renew and enlarge lines of conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of telephone lines and other communication lines, and for the transportation or distribution of electric energy, and incidental purposes including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the part vacated. Access for main tenance of the above - mentioned facilities must be maintained at all times. No improvements shall be constructed within the easement which would impede the operation, maintenance or repair of said facilities. Construction of any improvements, including chan ges of grade, shall be subject to the prior written approval of all the City departments and public utilities responsible for the above said facilities.
Section 3. That t his resolution shall take effect immediately upon its
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
adoption by the City Council, and the City Clerk is hereby instructed to certify to the adoption thereof, and to cause a certified copy to be recorded in the Office of the County Recorder of the County of Los Angeles, California.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of ________________________, 2022 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
STREET & ALLEY VACATION – INTERIOR
THAT CERTAIN REAL PROPERTY IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE LAND SHOWN ON A MAP OF TRACT NO. 27326 RECORDED IN BOOK 694 PAGES 64 AND 65, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS “N 44º35’20” E 14.14’” IN THE NORTHERLY LINE OF 56TH WAY (FORMERLY FIFTY SIXTH WAY), 60 FEET WIDE, AS SHOWN ON SAID MAP, SAID POINT ALSO BEING IN THE WESTERLY LINE OF PARAMOUNT BOULEVARD, 110 FEET WIDE, AS SHOWN ON SAID MAP;
THENCE ALONG SAID NORTHERLY LINE SOUTH 44º 35’ 20” WEST 14.14 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89º 35’ 20” WEST 375.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 85.00 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE WESTERLY,
SOUTHWESTERLY, AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90º 00’ 00” AN ARC DISTANCE OF 133.52 FEET, SAID POINT ALSO BEING IN THE WESTERLY LINE OF LANGPORT AVENUE, 60 FEET WIDE, AS SHOWN ON SAID MAP;
THENCE ALONG SAID WESTERLY LINE SOUTH 0º 24’ 40” EAST 476.00 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 85.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTHERLY,
SOUTHEASTERLY, AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90º 00’ 00” AN ARC DISTANCE OF 133.52 FEET, SAID POINT ALSO BEING IN THE SOUTHERLY LINE OF 55TH WAY (FORMERLY FIFTY FIFTH WAY), 60 FEET WIDE, AS SHOWN ON SAID MAP;
THENCE ALONG SAID SOUTHERLY LINE TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID SOUTHERLY LINE SHOWN AS “N 89º 35’ 20” E 375.00’” NORTH 89º 35’ 20” EAST 375.00 FEET;
-- LEGAL DESCRIPTION CONTINUED --
-- LEGAL DESCRIPTION CONTINUED --
THENCE LEAVING SAID SOUTHERLY LINE NORTHERLY IN A DIRECT LINE TO THE
EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID 55TH WAY SHOWN AS “N 89º 35' 20" E 375.00’” NORTH 00º 24' 40" WEST 60.00 FEET;
THENCE ALONG LAST SAID NORTHERLY LINE SOUTH 89º 35' 20" WEST 375.00
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE CONTINUING ALONG LAST SAID NORTHERLY LINE WESTERLY,
NORTHWESTERLY, AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90º 00’ 00” AN ARC DISTANCE OF 39.27 FEET, SAID POINT ALSO BEING IN THE EASTERLY LINE OF SAID LANGPORT AVENUE;
THENCE ALONG SAID EASTERLY LINE NORTH 00º 24' 40" WEST 81.50 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF THE 20-FOOT WIDE ALLEY LOCATED NORTH OF SAID 55TH WAY AND SOUTH OF 56TH STREET (FORMERLY FIFTY SIXTH STREET), 60 FEET WIDE, AS SHOWN ON SAID MAP;
THENCE ALONG LAST SAID SOUTHERLY LINE NORTH 89º 35' 20" EAST 410.00
FEET TO ITS INTERSECTION WITH SAID WESTERLY LINE OF PARAMOUNT BOULEVARD;
THENCE ALONG LAST SAID WESTERLY LINE NORTH 00º 24' 40" WEST 20.00 FEET TO ITS INTERSECTION WITH THE NORTHERLY LINE OF SAID ALLEY;
THENCE ALONG LAST SAID NORTHERLY LINE SOUTH 89º 35' 20" WEST 410.00 FEET TO ITS INTERSECTION WITH SAID EASTERLY LINE OF LANGPORT AVENUE;
THENCE ALONG LAST SAID EASTERLY LINE NORTH 00º 24' 40" WEST 96.50 FEET;
THENCE CONTINUING ALONG LAST SAID EASTERLY LINE NORTH 44º 35' 20" EAST 14.14 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID 56TH STREET;
THENCE ALONG LAST SAID SOUTHERLY LINE TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN LAST SAID SOUTHERLY LINE SHOWN AS “N 89º 35' 20" E 390.00’” NORTH 89º 35' 20" EAST 390.00 FEET;
-- LEGAL DESCRIPTION CONTINUED --
-- LEGAL DESCRIPTION CONTINUED --
THENCE LEAVING LAST SAID SOUTHERLY LINE NORTHERLY IN A DIRECT LINE
TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID 56TH STREET SHOWN AS “N 89º 35' 20" E 390.00’” NORTH 00º 24' 40" WEST 60.00 FEET;
THENCE WESTERLY ALONG LAST SAID NORTHERLY LINE SOUTH 89º 35' 20" WEST 390.00 FEET;
THENCE CONTINUING ALONG LAST SAID NORTHERLY LINE NORTH 45º 24' 40" WEST 14.14 FEET TO ITS INTERSECTION WITH SAID EASTERLY LINE OF LANGPORT AVENUE;
THENCE ALONG LAST SAID EASTERLY LINE NORTH 00º 24' 40" WEST 96.50 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF THE 20-FOOT WIDE ALLEY LOCATED NORTH OF SAID 56TH STREET AND SOUTH OF SAID 56TH WAY;
THENCE ALONG LAST SAID SOUTHERLY LINE NORTH 89º 35' 20" EAST 410.00
FEET TO ITS INTERSECTION WITH SAID WESTERLY LINE OF PARAMOUNT BOULEVARD;
THENCE ALONG LAST SAID WESTERLY LINE NORTH 00º 24' 40" WEST 20.00 FEET TO ITS INTERSECTION WITH THE NORTHERLY LINE OF LAST SAID ALLEY;
THENCE ALONG LAST SAID NORTHERLY LINE SOUTH 89º 35' 20" WEST 410.00 FEET TO ITS INTERSECTION WITH SAID EASTERLY LINE OF LANGPORT AVENUE;
THENCE ALONG LAST SAID EASTERLY LINE NORTH 00º 24' 40" WEST 81.50 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE CONTINUING ALONG LAST SAID EASTERLY LINE NORTHERLY,
NORTHEASTERLY, AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90º 00’ 00” AN ARC DISTANCE OF 39.27 FEET, SAID POINT ALSO BEING IN THE SOUTHERLY LINE OF SAID 56TH WAY;
THENCE ALONG LAST SAID SOUTHERLY LINE TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN LAST SAID SOUTHERLY LINE SHOWN AS “N 89º 35' 20" E 375.00’” NORTH 89º 35' 20" EAST 375.00 FEET;
-- LEGAL DESCRIPTION CONTINUED --
CITY COUNCIL FINDINGS
RIGHT OF WAY VACATION - 56th Way, 60 -feet wide, between Paramount Boulevard, and Langport Avenue ; Langport Avenue between 56th Way and 55th Way; the ease/west alley south of 56th Way, 20 -feet wide between Paramount Boulevard and Langport Avenue ; 56th Street, 60 -feet wide, between Paramount Boulevard and Langport Avenue ; the east/west alley north of 55th Way, 20 -feet wide between Paramount Boulevard and Langport Avenue ; and 55th Way, 60 - feet wide between Paramount Boulevard and Langport Avenue.
Reference Sketch No. 1032V
The streets and alleys within the Seaport Village Apartment complex are not necessary for public street thoroughfares. These findings are based on the following:
a) The public sidewalks and roadways within the Seaport Village Apartment complex primarily serves the occupants within the complex, they are not required for public thoroughfares.
b) Easements will be reserved, or an instrument such as a subdivision map is conditioned on the vacation to convert the vacated public rights of way to common area lots or private streets.
c) Easements shall be reserved for public refuse collection and existing public utility lines that will remain in place.
d) All publicly -owned streetlight equipment within the complex shall be returned to the City or purchased by the vacation petitioner. The power supply circuits to these streetlight standards shall be modified as necessary to remove from the City’s billing, al l to the satisfaction of the Director of Public Works.
e) The vacation petitioner shall provide for all street markings and traffic control devices required for street purposes per MUTCD requirements and to the satisfaction of the City Traffic Engineer.
f) All streets and alley curb returns that are no longer functional for the vacated street or alley shall be improved with full height sidewalk, curb and curb gutters.
g) On August 19 , 20 21, the City of Long Beach Planning Commission determined that the subject va cation action is consistent with the General Plan, as required in Section 8313 of the Public Streets, Highways and Service Easements Vacation Law.
EXHIBIT C
h) The vacation shall be subject to the conditions – by the City of Long Beach Planning Commission on August 19, 2021.
i) The vacation of said rights -of-way is not a project under the California Environmental Quality Act (CEQA), no environmental review is required.
j) The interested City Departments, including Fire and Police, have reviewed the proposed right -of-way v acation and land development, and have no objections to this action.
k) The right-of-way would not be useful for exclusive bikeway purposes.
l) The vacation petitioner shall at its cost resolve and/or satisfy all of the conditions stated herein along with any storm water drainage issues resulting from the vacation to the satisfaction of the Director of Public Works.
Q:/vacation/findings
SKETCH NO 1032V
SKETCH SHOWING STREETS AND ALLEYS
WITHIN TRACT 27326 TO BE VACATED BY
THE CITY OF LONG BEACH
RESOLUTION OF INTENTION TO VACATE ADOPTED
ON ________, 2022, AS RES ________.
RESOLUTION ORDERING THE VACATION ADOPTED
ON _________, 2022 AS RES-----, AND RECORDED
ON ________, AS DOCUMENT NO. ______________
TRACT
NO
27326
EXHIBIT D