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2409-080 Reso - Repealing Resolution No. CC-1101-419 091724 f

Redondo Beach City Council
September 17, 2024

Document
2409-080 Reso - Repealing Resolution No. CC-1101-419 091724 f
Meeting
September 17, 2024
Body
Redondo Beach City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on redondo.legistar1.com. That file is the official record.

RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 1
RESOLUTION NO. CC-2409-080
A RESOLUTION REPEALING RESOLUTION NO. CC-1101-419 OF THE

CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA,

APPROVING A RESOLUTION ORDERING THE VACATION OF SURPLUS

PORTIONS OF THE PUBLIC RIGHT-OF-WAY OF DIAMOND STREET AND

FLAGLER LANE
WHEREAS, the public right-of-way of Diamond Street and Flagler Lane, located along the southeasterly property line of the Beach Cities Health District (“BCHD”), formerly known as the South Bay Hospital District, has been deemed surplus and constitutes an unnecessary maintenance liability to the City;
WHEREAS, the City and BCHD, the recipient of the property, have mutually determined that vacating these surplus portions of the public-right-of-way is in the best interest of both parties; WHEREAS, pursuant to the provisions of Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, said surplus portions of the public right-of-way may be vacated to the adjacent property owners;
WHEREAS, in compliance with the requirements of Section 65402(a) of the Government Code of the State of California, the Planning Commission reviewed the proposed vacation and on November 18, 2010, adopted Resolution No. 2011-11-PCR-039, finding said proposed vacation to be in conformance with the General Plan;
WHEREAS, the City Council of the City of Redondo Beach (“City Council”), by Resolution No. CC-1012-403, declared its intent to vacate the surplus portions of the public right-of-way and set a public hearing on Tuesday, January 18, 2011, at 6:30 p.m., or as soon thereafter as the matter could be heard on said date, in the Council Chambers of City Hall located at 415 Diamond Street, Redondo Beach, California, as the time and place for holding a hearing of objections to the vacation of said surplus portion of the public right-of-way; WHEREAS, the City Council found that notices of said hearing on the proposed vacation were published and posted in the manner and form required by law, that said hearing was duly held, all persons present and interested in said matter were heard, and that said hearing thereupon was duly closed;
WHEREAS, on January 18, 2011, the City Council adopted Resolution No. CC-1101-419 ordering the vacation of surplus portions of the public right-of-way of Diamond Street and Flagler Lane;
WHEREAS, on February 2, 2011, Resolution No. CC-1101-419 was recorded as Instrument No. 20110181224 of Official Records in the Recorder’s Office of Los Angeles County, California;
WHEREAS, it was discovered that two bearings in the legal description of the vacated property were incorrectly described within Resolution No. CC-1101-419, resulting in a boundary that does not close;
RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 2
WHEREAS, due to this incorrect description, the boundary of the vacated property does not close, necessitating correction to accurately define the property; and WHEREAS, the City now intends to amend the legal description of the surplus property to perfect the vacation of this surplus property.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That Resolution No. CC-1101-419 shall be repealed in its entirety.

SECTION 2. That the City Council of the City of Redondo Beach does hereby finds and declares that there is no public interest in the surplus portions of the public right-of-way of Diamond Street and Flagler Lane, in the City of Redondo Beach, State of California, and that these surplus portions of the right-of-way, as legally described and corrected in Exhibit “A” shall be vacated.

SECTION 3. That the City Council of the City of Redondo Beach hereby orders the vacation of said surplus portion of the public right-of-way, pursuant to all necessary proceedings under the provisions of Chapter 3, Part 3, Division 9 of the Streets and Highway Code of the State of California.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

SECTION 5. That the City Clerk of the City of Redondo Beach shall cause a certified copy of this resolution to be recorded with the County Recorder of this County.

RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 3
PASSED, APPROVED AND ADOPTED this 17th day of September, 2024. ________________________________
James A. Light, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 4

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2409-080 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 17th day of September, 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk
RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 5

EXHIBIT A

LEGAL DESCRIPTION

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF REDONDO BEACH, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF THE CITY RIGHT OF WAY

KNOWN AS FLAGLER LANE AND DIAMOND STREET LYING NORTHEASTERLY OF NORTH PROSPECT AVENUE AS SHOWN ON PARCEL MAP NO.13030 RECORDED IN PARCEL MAP BOOK 144, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE EASTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP, SAID

POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN LINE HAVING A BEARING AND DISTANCE OF NORTH 09°25’00” WEST 387.64 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG THE PROLONGATION OF SAID LINE SOUTH 09°25’00” EAST 379.39 FEET; THENCE SOUTH 12°13'06" WEST 185.87 FEET; THENCE SOUTH 25°00’14” WEST 19.72 FEET; THENCE SOUTH 33°30'59" WEST 47.04 FEET; THENCE SOUTH 25°58'25" WEST 63.88 FEET; THENCE SOUTH 34°29'00" WEST 72.68 FEET; THENCE SOUTH 43°48'19" WEST 8.66 FEET; THENCE NORTH 85°19'44" WEST 31.63 FEET; THENCE NORTH 63°20'39" WEST 10.45 FEET; THENCE NORTH 58°11'03" WEST 6.34 FEET TO A POINT IN SAID EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE NORTH 46°42'47" EAST 5.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1,040.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 104.50 FEET THROUGH A CENTRAL ANGLE OF 5°45’25” TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE 12.77 FEET THROUGH A CENTRAL ANGLE OF 48°47'35" TO

A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1,218.53 FEET; THENCE NORTHERLY ALONG SAID CURVE 201.19 FEET THROUGH A CENTRAL ANGLE OF 9°27'36" TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 1,138.53 FEET; THENCE NORTHERLY ALONG SAID CURVE 448.17 FEET THROUGH A CENTRAL ANGLE OF 22°33'14" TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM 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 VACATED STREET AND, PURSUANT TO ANY EXISTING FRANCHISE 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 AND TELEPHONE LINES, RAILROAD LINES, AND FOR THE

TRANSPORTATION OR DISTRIBUTION OF ELECTRIC ENERGY, PETROLEUM AND ITS

PRODUCTS, AMMONIA, AND WATER, AND FOR INCIDENTAL PURPOSES, INCLUDING ACCESS

TO PROTECT THESE WORKS FROM ALL HAZARDS IN, UPON, AND OVER THE STREET OR HIGHWAY PROPOSED TO BE VACATED.

CONTAINING: 25,527 SQUARE FEET, MORE OR LESS.

AS SHOWN ON THE ATTACHED EXHIBIT ‘B’ AND BY THIS REFERENCE MADE A PART HEREOF.

RESOLUTION NO. CC-2409-080

VACATION OF SURPLUS PORTIONS OF DIAMON AND FLAGLER UPDATE PAGE NO. 6

EXHIBIT B

RIGHT-OF-WAY DEDICATION

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