MEETING DATE: 12/22/08
AGENDA ITEM: Adopt a Resolution Ordering the Vacation of the Alley
Located Just Easterly of Benda Street and Bounded on
the North by Lindblade Street and on the South by
Barman Avenue.
ATTACHMENTS
Page|109| Resolution No. 2008-R070 1-4|109| Resolution of Vacation that includes Exhibits "A and "B" 5-8RESOLUTION NO. 2008 -R 070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE ALLEY LOCATED JUST
EASTERLY OF ELENDA STREET AND BOUNDED ON THE
NORTH BY LINDBLADE STREET AND ON THE SOUTH BY
BARMAN AVENUE.
WHEREAS, the City of Culver City intends to vacate that certain alley as|1010|dedicated and accepted by documents recorded in Book 139 on pages 1 and 2 in the|10 10|10 Official Records of the Office of Los Angeles and also illustrated on a map on file in the
Office of the City Clerk and more particularly illustrated on Exhibit "B" and described on
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12 Exhibit "A" attached hereto and by reference made a part hereof: and
13 WHEREAS, the Streets and Highways Code of the State of California provides
14 for and requires the adoption of a resolution giving notice and establishing a date for a
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hearing on the proposed vacation.
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17 NOW, THEREFORE, the City Council of the City of Culver City, California,
18 DOES HEREBY RESOLVE as follows:
19 1. The City Council elects to proceed under provisions of the Streets and
20 Highways Code §§8300, et seq., and hereby declares its intention to vacate that portion of
21 that certain alley set forth hereinabove, as more specifically described and illustrated on
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Exhibits "A" and "B", attached hereto and by reference made a part hereof.
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2. The City Council shall conduct a public hearing on November 24, 2008,
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25 at 7:00 p.m. in the City Council Chambers of the Culver City Hall located at 9770 Culver
26 Boulevard, City of Culver City to provide an opportunity to all persons having objections to
27 the proposed vacation and abandonment of the said street and show cause why said right-
28 2008- R070
I|101010101010|7D. COTT MALSIN, MAYOR
City of Culver City, California
OL A. SCHWAB, City Attorney
HEREBY CERTIFY THIS DOCUMENT
TO BE A TRUE AND CORRECT COPY
OF TI- zig 0 MO
DEPUTY CITY CLERK OF THE
CITY OF CULVER CITY, CALIF.
2008 — R070
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why said right-of-way should not be vacated.
3. At least two (2) weeks prior to said hearing, the Facility Maintenance
Operations Manager of the City of Culver City shall cause notices of the adoption of this
Resolution and the proposed vacation of the said street to be conspicuously posted along
the line of the alley proposed to be vacated, which notices shall be not more than 300 feet
apart, shall be at least three (3) in number, and shall state the time and the place of hearing
on said matter before the City Council, and the City Clerk shall cause notice of the date,
hour and place of the hearing on this Resolution of Intention to be published for at least two
(2) consecutive weeks prior to the hearing.
APPROVED and ADOPTED this 13th day of October 2008.
ATTEST: - APPROVED AS TO FORM:
MARTIN COLE, City Clerk
A08-00405
44kt-t-(4-7 1 L
A° 6-60'
-2-EXHIBIT "A"
LEGAL DESCRIPTION
ALLEY VACATION
THAT CERTAIN ALLEY, IN THE CITY OF CULVER CITY, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON TRACT NO.
9974, AS PER MAP RECORDED IN BOOK 139 PAGES 1 AND 2 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AND
DESCRIBED AS FOLLOWS:
BOUNDED SOUTHWESTERLY BY THE NORTHEASTERLY LINES OF LOTS 79 TO
85 OF SAID TRACT; BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY
LINES OF LOTS 86 AND 106 OF SAID TRACT; BOUNDED NORTHWESTERLY BY
THE SOUTHEASTERLY LINE OF LINDBLADE STREET, 60 FEET WIDE, AS SHOWN
ON SAID TRACT AND BOUNDED SOUTHEASTERLY BY THE NORTHWESTERLY
LINE OF BARMAN STREET, 60 FEET WIDE, AS SHOWN ON SAID TRACT.
2008 - R070
3EXHIBIT "B"
PLAT
00'RESOLUTION NO. 2008-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ORDERING THE VACATION
OF THE ALLEY LOCATED JUST EASTERLY OF ELENDA
STREET AND BOUNDED ON THE NORTH BY
LINDBLADE STREET AND THE SOUTH BY BARMAN
AVENUE
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES RESOLVE as follows
1. Proceedings have been duly taken pursuant to the provisions of
Sections 8300, et seg., of the Streets and Highways Code for vacating a portion of a
public alley, as described in Resolution No. 2008-R070 of the City Council declaring its
intention to order the vacation of said public alley, as more particularly described and
illustrated on Exhibits 'A" and "B," attached hereto and made a part hereof.
2.
The City Council finds that said public alley, described in said
Resolution of Intention and on Exhibits "A" and "B" attached hereto is unnecessary for
present or prospective public alley purposes and said alley is hereby vacated, subject to
the reservation of permanent easements and rights-of-way in favor of the City of Culver
City, the Southern California Edison Company, the Southern California Gas Company,
AT & T, and Time Warner (as well as any future public utility that may apply for a permit
from the City to install facilities in the alley), for public utility facilities within the
easement and for access construction, operation and maintenance purposes in, over,
under, along and across that entire portion of vacated alley as described in Exhibits "A"
and "B."
3.
The City Council finds that due to the loss of public access to those
properties abutting said alley to be vacated, it is directing the City Clerk to delay the
recording of this Resolution until such time as reciprocal access easements are granted
between the property owners adjacent to said alley and located at 4312 Elenda
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26A. SCHWAB, City Attorney|101010101010101010
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Avenue, 10860 Lindbiade Street, and 10855 Barman so that the needed access to said
property owners having garage access from the alley is maintained. Said reciprocal
access easement shall be recorded in the Office of the County Recorder of Los
Angeles County concurrently with this Resolution, and shall run with the land and be
binding on the grantors successors, heirs and assigns
4. The City Clerk is hereby authorized and directed to cause a
certified copy of this Resolution to be recorded in the Office of the County Recorder of
Los Angeles County, California, only after such reciprocal access easement
agreements are executed. This Resolution shall be recorded concurrently with the
recordation of such reciprocal access easement agreements.
APPROVED and ADOPTED this day of 2008.
D.SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST:
CHRISTOPHER ARMENIA, City Clerk
A08-00538
-2-EXHIBIT "A"
LEGAL DESCRIPTION
ALLEY VACATION
THAT CERTAIN ALLEY, IN THE CITY OF CULVER CITY, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON TRACT NO.
9974, AS PER MAP RECORDED IN BOOK 139 PAGES 1 AND 2 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AND
DESCRIBED AS FOLLOWS:
BOUNDED SOUTHWESTERLY BY THE NORTHEASTERLY LINES OF LOTS 79 TO
85 OF SAID TRACT; BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY
LINES OF LOTS 86 AND 106 OF SAID TRACT; BOUNDED NORTHWESTERLY BY
THE SOUTHEASTERLY LINE OF LINDBLADE STREET, 60 FEET WIDE, AS SHOWN
ON SAID TRACT AND BOUNDED SOUTHEASTERLY BY THE NORTHWESTERLY
LINE OF BARMAN STREET, 60 FEET WIDE, AS SHOWN ON SAID TRACT.|1013|
City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution vacating the alley located just
easterly of Elenda Street and bounded on the north by Lindblade Street and on the
south by Barman Avenue and reserving a public utility easement over the entire
width of the vacated alley.
PROCEDURE:
1. Mayor calls on staff for a brief staff report.
2. Mayor requests a motion to open the public hearing to allow for public comments,
if any.
3. Receive comments from the applicant and public.
4. Mayor requests a motion to close the public hearing after all testimony has been
presented.
5. The City Council discusses the matter and arrives at its decision.
Meeting Date: 12/22/08 Item Number: PH-1
AGENDA ITEM: PUBLIC HEARING: Adoption of a Resolution Vacating the Alley
Located Just Easterly of Elenda Street and Bounded on the North by Lindblade
Street and on the South by Barman Avenue, and Reserving a Public Utility
Easement over the Entire Width of the Vacated Alley.
Contact Person/Dept.: Andy O’Connell/PW Phone Number: (310) 253-5606
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (12/17/08).
Ken La Faso, as applicant, by phone on December 12, 2008.
Postcard Notices were mailed to all residents and occupants within a 500 foot radius of
the project site, extended to the end of the block, on December 9, 2008.
Notice of Public Hearing posted at the site on November 12, 2008
Notice of Public Hearing advertised in the Culver City News on December 5
th
and 12
th
,
2008.
Department Approval:
Charles D. Herbertson (12/12/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/15/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (12/16/08)
City Manager Approval:
Jerry B. Fulwood (12/17/08) City of Culver City, California
City Council Agenda Item Report
BACKGROUND:
The subject alley is 20 feet in width and was created by easement on Tract Map No.
9974, as recorded on May 10, 1927. The alley is unpaved and is bordered on its
westerly side by three residential lots that have frontage on Elenda Street, and on its
easterly side by one residential lot that fronts Lindblade Street and one residential lot
that fronts Barman Avenue. The addresses of these residential lots are as follows:
• 4304 Elenda Street
• 4312 Elenda Street
• 4324 Elenda Street
• 10860 Lindblade Street
• 10855 Barman Avenue
The properties at 4312 Elenda Avenue, 10860 Lindblade Street, and 10855 Barman
Avenue have garage access from the alley.
DISCUSSION:
A petition was filed by four of the five adjoining property owners to vacate the alley.
The property owner at 4304 Elenda Avenue declined to sign the petition. This
property has its garage access from Lindblade Street and has no need to access the
alley. The petitioners stated the major problems occurring in the alley are vehicular
speeding causing unsafe conditions, including dust hazard, loitering, graffiti, illegal
dumping, and a concealed access for burglary to the adjacent residences.
On October 13, 2008, Council adopted Resolution No. 2008-R070 (attached)
declaring its intention to order the vacation of this alley and set the public hearing for
this evening to consider such vacation.
Existing utilities located within the alley are Southern California Edison, Southern
California Gas, Time Warner, A T & T, and Culver City sewer. Therefore, a public
utility easement will be reserved over the entire portion of the alley being vacated as
part of the Resolution of vacation.
After the alley has been vacated, access to the garages located along the alley will
require these property owners to pass over their neighbor’s portion of the vacated
alley. Therefore, as a condition of the Resolution of vacation, a reciprocal access
easement between all property owners will need to be provided and executed by the
homeowners prior to the recording of the Resolution. City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
The vacation of this alley will cause a small reduction in the City’s cost for street
maintenance and eliminate the City’s liability associated with issues concerning the
alley. Additionally, the vacation will revert this portion of the alley to private property
which will slightly increase the property taxes to the adjoining lots.
ATTACHMENTS:
1. Resolution No. 2008-R070
2. Proposed Resolution of vacation
MOTION:
That the City Council
Adopt a Resolution vacating the alley located just easterly of Elenda Street and
bounded on the north by Lindblade Street and on the south by Barman Avenue,
as shown on attached Exhibits “A” and “B; directing the City Clerk to delay the
recording of the Resolution until the adjacent property owners execute a
reciprocal access easement; and reserving a public utility easement over the full
width of the vacated alley.