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28 RESOLUTION NO. RES-22-0145
A RESOLUTION ORDERING THE VACATION OF 122
FEET OF THE EAST-WEST ALLEY LOCATED EAST OF
LONG BEACH BOULEVARD AND WEST OF AN UNNAMED
NORTH-SOUTH ALLEY, BETWEEN THE PROPERTIES
LOCATED AT 2400 AND 2450 LONG BEACH 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 July 12, 2022, by Resolution No. RES-22-0113, declare its intention to order the vacation, pursuant to the provisions of the Public Streets, Highways, and Service Easements Law, 122 feet of the east-west alley located east of Long Beach Boulevard and west of an unnamed north-south alley, between the properties located at 2400 and 2450 Long Beach 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, August 16, 2022, at the hour of 5:00 p.m., as the time and the Civic Chamber located at 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; 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 makes those findings of fact set forth in said Exhibit "C", attached hereto and by this reference made a part hereof; NOW, THEREFORE, the City Council of the City of Long Beach resolves as 1 VSl:bg A22-01091 (07-20-2022)
01415991.DOCX
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28 Section 1. Pursuant to the foregoing resolution of intention, the proceedings had thereunder, Vacation Sketch No. 1028V showing 122 feet of the east west alley located east of Long Beach Boulevard and west of an unnamed north-south alley, between the properties located at 2400 and 2450 Long Beach Boulevard 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 makes 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, potable water, sanitary sewers, dry gas and appurtenant structures, together with all necessary gates, valves, fittings, hydrants and appurtenances for the transportation of water, sewage and dry gas, 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 construct, 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 maintenance 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 changes 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 this resolution shall take effect immediately upon its VSl:bg A22-01091 (07-20-2022)
01415991.DOCX
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1 adoption by the City Council, and the City Clerk is hereby instructed to certify to the 2 adoption thereof, and to cause a certified copy to be recorded in the Office of the County 3 Recorder of the County of Los Angeles, California.
4 I hereby certify that the foregoing resolution was adopted by the City Council 5 of the City of Long Beach at its meeting of August 16 , 2022 by the 6 following vote:
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Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
VSl:bg A22-01091 (07-20-2022)
01415991.DOCX
Allen, Price, Supernaw, Mungo,
Saro, Uranga, Austin, Richardson.
None.
Zendejas.
None.
3 ATTACHMENT A
LEGAL DESCRIPTION SHEET 1OF1
PARCEL A:
ALLEY VACATION
IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
BEING A PORTION OF THAT LAND DESIGNATED AS "ALLEY" AS SHOWN ON THE MAP OF TRACT NO. 2268, IN THE CITY OF LONG BEACH, FILED IN BOOK 22, PAGE 76 OF MAPS, RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS:
ON THE NORTH BY THE SOUTH LINE OF LOT 6 PER SAID TRACT MAP; ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 6; ON THE SOUTH BY THE NORTH LINE OF THE 5 FOOT ALLEY SHOWN ON THE MAP OF CUSHMAN'S SUBDIVISION PER MAP FILED IN BOOK 6, PAGE 128 OF MAPS; AND ON THE EAST BY THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 6.
. ..
SAID LAND AS DESCRIBED AS PARCEL A IS A PART OF THE UNDERLYING FEE TITLE OF SAID LOT 6 AND BY THE VACATION OF THE DESCRIBED LAND BECOMES A PART OF SAID LOT 6, EXCEPTING THEREFROM AN EAS EMENT FOR PUBLIC UTILITY PURPOSES, IF ANY.
SAID PARCEL CONTAINS 610 SQUARE FEET GROSS, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PARCEL B:
BEING A PORTION OF THAT LAND DESIGNATED AS "ALLEY" AS SHOWN ON THE MAP OF CUSH MAN'S SUBDIVISION, IN THE CITY OF LONG BEACH, FILED IN BOOK 6, PAGE 128 OF MAPS, RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS:
ON THE NORTH BY THE NORTH LINE OF THE 5 FOOT ALLEY SHOWN ON SAID MAP; ON THE WEST BY THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 1 OF SAID MAP; ON THE SOUTH BY THE NORTH LINE OF SAID LOT 1; AND ON THE EAST BY THE NORHTERL Y PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1.
SAID LAND AS DESCRIBED AS PARCEL B IS A PART OF THE UNDERLYING FEE TITLE OF SAID LOT 1 AND BY THE VACATION OF THE DESCRIBED LAND BECOMES A PART OF SAID LOT 1, EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IF ANY.
SAID PARCEL CONTAINS 610 ACRES GROSS, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ��a 'lw�ll ERALD R. ANDERSON, LS. 4400 I Date
LICENSE EXPIRES: SEPTEMBER 30, 2019
ASSESSOR'S PARCEL #'S 7208-010-023, 024
[MALD-382]
ATTACHMENT B
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EXHIBIT 'B' - MAP 2nd Check
LEGEND:
ALLEY VACATION AREA
RIGHTOFWAY
'CENWRLINE
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EXISTING LOT .LINES
ALLEY VACATION
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ATTACHMENT C
CITY COUNCIL FINDINGS
VACATION OF 12 2 FEET OF THE EAST-WEST ALLEY LOCATED EAST OF
LONG BEACH BOULVARD AND WEST OF AN UNNAMED NORTH-SOUTH
ALLEY, BETWEEN THE PROPERTIES LOCATED AT 2400 AND 2450 LONG BEACH BOULEVARD.
Reference Sketch No. 1028V
1. The subject rights-of-way is found to be unnecessary for present or prospective public use. This finding is based upon the following sub-findings:
a. On March 1st, 2018, the Planning Commission determined that the subject vacation is consistent with the General Plan, as required in Section 8313 of the Public Streets, Highways, and Service Easements Vacation Law. b. Those findings in the City Council letter dated June 21, 2022 agenda item C-17.
c. Off-site improvements Bond and Agreement placed the approval of the vacation.
2. The right-of-way is not needed for public use.
a. Vehicular access from E. 251h Street and E Burnett Street is taken from the unnamed north-south alley.
b. The unnamed north-south alley will be widened for improved mobility c. The sidewalk along the east side of Long Beach Blvd will be widened to offset the portion of sidewalk vacated to the development. d. The right-of-way would not be useful for exclusive bikeway purposes.
3. The interested City Departments, including Fire, Police and the Long Beach Water Department, have reviewed the proposed right-of-way vacation and land development, and have no objections to this action.
4. Easements will be reserved in the portion of vacated rights-of-way.
5. The vacation of said right-of-way will not have a significantly adverse environmental effect. This finding is based upon the following sub-findings:
a. In conformance with the California Environmental Quality Act, a Notice of Exemption from CEQA (CE-17-162) was prepared for this project.
List of conditions for the right-of-way vacation
approval
1. 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.
2. Applicant shall remove any unused driveways and curb cuts along the Project's frontage on 25th Street, Long Beach Boulevard, and Burnett Street and replace with full height curb, curb gutter and sidewalk pavement to the satisfaction of the Director of Public Works. All sidewalk improvements shall be constructed with Portland cement concrete.
3. Utility easements shall be reserved over the areas to be vacated. No buildings or any other vertical structures may be constructed over the utility lines. a. 24 hr. access shall be provided for emergency access to the Long Beach Energy gas facility.
b. If the vacation petitioner/developer requests the relocation of the gas lines, it shall be done so that the same dual feed is maintained, with all cost responsibility on the developer.
4. Any required traffic control modifications along Long Beach Blvd and adjacent north south alley is the responsibility of the vacation petitioner. A street improvement permit from the Department of Public Works shall be required. All traffic control modifications within the vacated rights of way, is the responsibility of the vacation petitioner, and shall be per the current Traffic Control Manual.
5. The vacation petitioner shall, at its cost, resolve all the conditions stated herein along with any storm water drainage problems resulting from the vacation to the satisfaction of tile Director of Public Works.
6. Construction plans shall be submitted to the Department of Public Works for all projections over the public right-of-way to be reviewed for approval as to compliance with Long Beach Municipal Code Chapter 14.48, to the satisfaction of the Director of Public Works.
7. All proposed refuse and recycling structures and receptacles must be entirely on private property, outside of the public right-of-way. The applicant and/or successors shall be responsible for the cleanliness of the sidewalk/roadway adjacent to the refuse and recycling area and the overall development.
8. Any proposed signage shall be located entirely on site, on private property, completely out of the public right-of-way. Any signage proposed in the public rights-of-way shall be eliminated, to the satisfaction of the Director of Public Works.
9. Any proposed improvements within the right-of-way that fall outside of Public Works standards must be reviewed, approved, and accompanied with an Installation and Maintenance Agreement.
10. The vacation petitioner shall be responsible for resolving all matters of easement(s) and/or utilities encroachment to the satisfaction of the interested agency, City Department, and the Director of Public Works.
11. Additional conditions are listed in the General Plan Conformity Staff Report issued by the Development Services Department, copy attached.
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ATTACHMENT D
SKETCH NO. 1028V
SKETCH SHOWING A VACATION OF A
PORTION OF AN ALLEY WITH A WIDTH OF
5' BEING WITHIN TRACT NUMBER 2268
AND 5' BEING WITHIN CUSHMAN'S
SUBDIVISION
ENGINEERING BUREAU
CITY OF LONG BEACH, CALIFORNIA
EXHIBITC