05-07-2019 - Item 06 - Summary Vacation of A Portion of West Covina Parkway Adjacent To 1400 West Covina ParkwayAGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:May 7, 2019
TO:Mayor and City Council
FROM:David Carmany
Interim City Manager
SUBJECT:SUMMARY VACATION OF A PORTION OF WEST COVINA PARKWAY
ADJACENT TO 1400 WEST COVINA PARKWAY
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2019-20 – A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING EASEMENT FOR STREET AND HIGHWAY PURPOSES ON WEST
COVINA PARKWAY ADJACENT TO 1400 WEST COVINA PARKWAY THAT IS
NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST
COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION
DISCUSSION:
The easement for street and highway purposes on West Covina Parkway to be vacated was granted
to the City of West Covina by Instrument No. 3353, recorded on December 15, 1975. This portion
of right-of-way is on the south side of West Covina Parkway adjacent to 1400 West Covina Parkway
and measures 10 feet in width and approximately 2,000 square feet in area. This strip of land is
adjacent to the future home of Merrill Gardens Assisted Living Center. This portion of right-of-way
is no longer needed for street and highway purposes, since West Covina Parkway will not be
widened based on the City’s Downtown General Plan.
This strip of land is excess right-of-way that is not useful as a non-motorized transportation facility,
and as such, the vacation is a public benefit since the vacated portion is unnecessary for present or
future public use. Therefore, pursuant to the Public Streets, Highway and Service Easement
Vacation Law, the City can summarily vacate this portion of right-of-way for the reason that it is no
longer required for public use. Per Section 8331 of the Streets and Highways Code, the legislative
body of a local agency may summarily vacate a street or highway if both of the following conditions
exist:
1.For a period of five consecutive years, the street or highway has been impassable for vehicular
travel; and
2.No public money was expended for maintenance on the street or highway during such period.
Both conditions exist on this portion of the public right-of-way; therefore, the City Council may
summarily vacate this right-of-way.
OPTIONS:
The City Council has the following options:
1.Approve staff’s recommendation; or
2.Provide alternative direction.
Prepared by: Miguel Hernandez, Public Works Project Supervisor
Additional Approval: Jeff Anderson, Community Development Director
Additional Approval: Scott Porter, City Attorney
Fiscal Impact
FISCAL IMPACT:
None.
Attachments
Attachment No. 1 - Resolution No. 2019-20