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Home My WebLink AboutCC Res 5447 2006-04-24 RESOLUTION NUMBER 5447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, VACATING THE ALLEY WITHIN ROSSMOOR CENTER I WHEREAS, on August 30, 1967, the Lakewood Rancho and Los Coyotes'Land Co., predecessors-in-interest to Rossmoor Center owner Century National Properties, granted to the City of Seal Beach an alley more particularly described in the Grant Deed ultimately recorded on September 21, 1967 as Document Number 14270 in Book 8360, pages 695 through 701, and referred to herein as the "Alley"; and WHEREAS, on September 5, 1967, the City Council of the City of Seal Beach adopted Resolution No. 1595, accepting the Grant Deed from Lakewood Rancho and Los Coyotes Land Co. and establishing the Alley as a public street; and WHEREAS, the grant of the Alley was conditioned so that it would be solely and only used as a public alley or street, and if not so used, title would revest with the successors of the original grantor; and WHEREAS, the redevelopment of the Rossmoor Center will result in the Alley being superseded by relocation; and WHEREAS, the City Council desires to eliminate any future potential maintenance costs and/or potential liability involved in owning, maintaining, and/or controlling a fee interest in an alley bisecting and serving private property; and I WHEREAS, it is the City Council's intent in vacating the Alley to reserve and exempt from the vacation any an~all other.easements that may exist within the area of the Alley; . . . '. .'.. ..""\ NOW, THEREFORE: THE GI:TY COUNCIL OF THE CITY OF SEAL BEACH . . - . ~ DOES HEREBY RES01NE,\ DE(:LARE, DETERMINE AND ORDER AS t . ,.. " . FOLLOWS: ~ ~~JJ ,:' ,'; ......~ .Po '': . ~ .'{,., '.~ ~<)'" - .t" .~. SECTION 1. The Va8tionjo,f\,t\1'1:,. ley is made under and pursuant to the authority contained in Streets & rriifiw~il~Code, Division 9, Part 3, Chapter 4 (commencing with ~ 8330 et seq.). SECTION 2. The property being vacated shall consist of the Alley as the Alley is described in Exhibit "A" hereto and contained in in that deed recorded in Book 8380 at page 695 of the Official Records of the County Recorder of the County of Orange on September 21, 1967. SECTION 3. The City Council finds that the Alley is being superseded by relocation, and that the vacation of the Alley will not cut off all access to a person's property which, prior to relocation, adjoined the Alley, and that the vacation will not terminate a public service easement. I SECTION 4. In vacating the Alley, the City Council expressly reserves therefrom all easements within the Alley, including but not limited to the following: 1. An easement in favor of Southern Califomia Water Company, recorded January 23,1967 in Book 8159, page 763; 2. An easement in favor of Southern Califomia Edison Company, recorded January 27,1967 in Book 8163, page 823; 3. An easement in favor of Southern Califomia Edison Company, recorded November 4, 1975 in Book 11558, page 715; and Resolution Number 5447 4. An easement in favor of the Los Alamitos County Water District, for sewer purposes, recorded May 27,1967 in Book 11752, page 70. SECTION 5: From and after the date this resolution is recorded, the Alley no longer constitutes a street, highway or public service easement. SECTION 6: The City Clerk is directed to record this vacation as required by law. The City Clerk shall certify to the passage and adoption of this Resolution and enter it I into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 24th day of April , 2006 by the following vote: AYES: Councilmembers ~, c1ft1/.Ji)}.. , hf1;a;} ~ / ~ NOES: Councilmembers 0'Qh f ABSENT: Councilmembers ~I ABSTAIN: Councilmembers ~f ~...~ ~ JP- MAYOR 1:T' fl 114 J/rW.nI it Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) ss ) I I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5447 on file in the office ofthe City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 24th day of April ,2006. .rJ....n/# (,Dtu~ J ~Clerk I Resolution Number 5447 EXHIBIT "A" TO CITY COUNCIL RESOLUTION 5447 I LEGAL DESCRIPTION OF PROPERTY That portion of the west one-half of Section 31, Township 4 South, Range 11 West, in that portion of the Rancho Los Alamitos, in the County of Orange, State of Califomia, as per map filed in and made a part of the Decree of Partition in Case No. 68582 of the Superior Court of said State, in and for said County, a copy of which was recorded March 8, 1910, in Book 177, Page 337 of Deeds, in the office of the County Recorder of said County, described as follows: I Beginning at the northeasterly terminus of that certain curve at the southeasterly corner of Bradbury Road and Montecito Road shown on Map of Tract No. 3072 recorded in Book 93 at Pages 5 to 8 inclusive of Miscellaneous Maps in the office of said County Recorder, as concave to the southeast and having a radius of 15 feet; thence along the south line of said Bradbury Road South 89" 48' 30" East 1014.99 feet to the true point of beginning; thence parallel with the easterly line of said Montecito Road South 0010' 50" West 550.00 feet; thence parallel with said south line of Bradbury Road North 890 48' 30" West 120.00 feet; thence parallel with the east line of said west one-half of Section 31 South 0011' 30" West 519.35 feet; thence South 890 49' 10" East 20.00 feet; thence parallel with the east line of said west one-half of Section 31 North 00 11' 30" East 499.35 feet; thence parallel with said south line of Bradbury Road South 890 48' 30" East 120.00 feet; thence parallel with the easterly line of said Montecito Road North 0" 10' 50" East 570.00 feet to the south line of Bradbury Road; thence along said south line North 89048' 30" West 20.00 feet to the true point of beginning. >10 >10 >10 >10 I Resolution Number 5447 E ~ iR <> ~;i;l;i;l;i;l;i;l 'lll;;l;;l;;l;; [;1~~~~ ;~~l5~ ~~~~~ ~....~..... 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