August 16, 2000 MP-5
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
1. Adopt the enclosed Resolution of Intention to Vacate a portion of Rozalee Drive, in the unincorporated area of Lakeview, pursuant to Section 8320, et seq., of the California Streets and Highways Code.
2. Set the matter for hearing not less than 15 days from the adoption of the Resolution pursuant to Section 8320.
3. Instruct the Executive Officer of the Board to publish the enclosed Notice of Proposed Vacation pursuant to Section 8322.
1. Adopt the enclosed Resolution to Vacate with Reservations on the date of the hearing, pursuant to Section 8324, after finding that:
a. The vacation is categorically exempt from the provisions of the California Environmental Quality Act.
b. The area proposed to be vacated is no longer needed for present or prospective public use, including bicycle paths and trails.
c. The public convenience and necessity require the reservation and exception of easements and rights as set forth in Section 8340.
2. Instruct the Department of Public Works to record the certified original Resolution with the County Recorder.
PURPOSE OF RECOMMENDED ACTION
With this action, your Board will vacate excess road right of way which the County and the public no longer need.
JUSTIFICATION
It is in the County's interest to vacate this portion of Rozalee Drive, since it no longer serves the purpose for which it was dedicated. The road is not required for general public access, circulation, or for bicycle paths and trails. The vacation area is unimproved and is outside of the traveled area. Your Board=s adoption of the Resolution will terminate unnecessary yearly County maintenance responsibilities over the vacated area.
The Road Maintenance Division of this Department has requested this vacation. The vacation will terminate the right of the public to use the vacated area and will dispose of unnecessary right of way. Adoption by your Board of the Resolution will result in the property being unencumbered of the public easement, allowing owners to exercise their reversionary rights over the vacated area.
FISCAL IMPACT
Vacation of this portion of Rozalee Drive will reduce potential County exposure to financial liability and provide future revenues through assessment and taxation.
FINANCING
Not applicable.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The area to be vacated contains approximately 2,740 square feet and is shown on the map attached to each Resolution.
The County=s interest was acquired as easement for public road and highway purposes in the Map of Alpine Springs, recorded in Book 13, pages 10 and 11, of Maps, in the County Recorder=s office. The excess right of way was a result of the realignment of the intersection of Lago Lindo Road and Rozalee Drive.
IMPACT ON CURRENT SERVICES OR PROJECTS
The County Fire Department has found that no fire protection facilities will be affected by the proposed vacation. The Regional Planning Commission has determined the vacation of this portion of Rozalee Drive is not in conflict with the County-adopted General Plan and the road right of way is not suitable for bicycle paths and trails.
NEGATIVE DECLARATION/ENVIRONMENTAL IMPACT REPORT
With respect to the requirements of the California Environmental Quality Act (CEQA), this proposed vacation is categorically exempt, as specified in Class 21(a), of the Environmental Document Reporting Procedures and Guidelines adopted by your Board on November 17, 1987, Synopsis 57, and Section 15321 of State CEQA Guidelines.
CONCLUSION
This action is in the County's interest. Enclosed are a Resolution of Intention and a Resolution to Vacate with Reservations, approved as to form by County Counsel. Upon adoption of the Resolution of Intention, please transmit two conformed copies of the Resolution and the Notice of Proposed Vacation to this Department, which will post the Notice pursuant to Streets and Highways Code Section 8323. Upon adoption of the Resolution to Vacate with Reservations, please return one executed original, together with two conformed copies of the Board's minute order, for further processing. Please retain one executed original for your files.
One approved copy of this letter is requested.
Respectfully submitted,
HARRY W. STONE
Director of Public Works
CVC:adg
P5\SLAGOLINDOBRD
Enc.
cc: Chief Administrative Officer
County Counsel
RESOLUTION OF INTENTION TO VACATE
WHEREAS, it is proposed that a portion of Rozalee Drive be vacated as a County highway; and
WHEREAS, the proposed vacation has been approved by the Director of Public Works of the County of Los Angeles;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles, State of California, that it is the intention of said Board of Supervisors to order that the aforementioned County highway (easement) legally described in Exhibit "A" and as shown by the map in Exhibit "B" attached hereto and incorporated herein by this reference covering the right of way in the County of Los Angeles, State of California, be vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, commencing with Section 8320.
NOW, THEREFORE, IT IS ORDERED by the Board of Supervisors of the County of Los Angeles, State of California, the day of , 20 , at the hour of _______ a.m./p.m. of said day, is the day and hour, and the Hearing Room of the Board of Supervisors, Room 381 Kenneth Hahn Hall of Administration, 500 West Temple Street (corner of Temple Street and Grand Avenue), Los Angeles, California 90012, is the place fixed by the Board of Supervisors when and where any and all persons having objections to the proposed vacation may appear before the said Board of Supervisors and show cause why said proposed vacation should not be made in accordance with this Resolution.
IT IS FURTHER ORDERED that a notice of such proposed vacation be conspicuously posted, along the line of the area proposed to be vacated in the manner and in the form required by law, and shall cause same to be published in , a newspaper of general circulation published in the County, for at least two successive weeks prior to the day fixed for the hearing.
The foregoing Resolution was on the day of , 20 , adopted and ordered by the Board of Supervisors of the County of Los Angeles, and ex-officio the governing body of all other special assessment and taxing districts for which said Board so acts.
VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County of Los Angeles
APPROVED AS TO FORM
By
LLOYD W. PELLMAN Deputy
County Counsel
By
Deputy
NOTICE IS HEREBY GIVEN that a Resolution of Intention was adopted by the Board of Supervisors of the County of Los Angeles on 20 , declaring its intention to vacate, with reservations, portion of Rozalee Drive in the 5th Supervisorial District, as described in Exhibit "A," attached hereto and incorporated herein by reference.
VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County of Los Angeles
APPROVED AS TO FORM
By
LLOYD W. PELLMAN Deputy
County Counsel
By
Deputy
RESOLUTION TO VACATE WITH RESERVATIONS
VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County of Los Angeles
APPROVED AS TO FORM
By
LLOYD W. PELLMAN Deputy
County Counsel
By
Deputy
That portion of Rozalee Drive (formerly Fourth Street), 60 feet wide, in the unincorporated territory of the County of Los Angeles, State of California, as shown on and dedicated to said County by map of ALPINE SPRINGS, recorded in Book 13, pages 10 and 11 of Maps, in the office of the Recorder of said County, lying northerly and northeasterly of a line concentric with and 30 feet northeasterly measured radially from the center line of Lago Lindo Road as shown on map of Tract No. 44430, filed in Book 1131, pages 74 thru 80 of said maps.
RESERVING to Pacific Bell and The Gas Company an easement for public utility purposes in, over, and across the above-described portion of Rozalee Drive, herein being vacated. The reservations herein being made are done in accordance with the provisions of Sections 8340 and 8341 of the Streets and Highways Code of the State of California.
Total Area: 2,740 square feet
Description Approved
HARRY W. STONE
Director of Public Works
By
Deputy
BK:adg
P5\LDLAGOLINDO