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Resolution - 5872'RESOLUTION NO. 5872 • A RESOLUTION OF THE:CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING RESOLUTION NO. 5867.AND DECLARING ITS INTENTION TO VACATE A CERTAIN PORTION.OF-WEST GARVEY AVENUE SOUTH SUBJECT TO THE RESERVATION AND EXCEPTION OF CERTAIN RIGHTS AND EASEMENTS. The City Council of the City of West Covina does resolve as follows: SECTION 1. Resolution No. 5867 is hereby rescinded. SECTION 2. The City Council of the City of West Covina, does hereby declare its intention to vacate a certain portion of West Garvey Avenue South in the city of West Covina as shown on a map or plan on file in the office of the City Clerk to which reference is made for further particulars, described as follows: Those portions of Lots 133, 144 and 156 of E. J. Bald- win's 4th Subdivision of part of Rancho La Puente, as shown on map recorded in Book 8, Page 186.of maps, in the office of the County Recorder of said county, and that portion of W. R. Rowland Tract as per map recorded in Book 42, Page 45 of -Miscellaneous Records and that portion of Rancho La Puente included within that por- tion of Garvey Boulevard delineated as parcels 4 and 5 on.the map recorded January 24, 1974 in State Highway • Map Book No. 11, Pages 90 and 91 and on revised maps recorded on March 13, 1974 in State Highway Map Book No. 11, Pages 94 and 95 referred to in relinquishment No. 944, which relinquished to the City of West Covina by resolution of State Highway Commission, a certified copy of which recorded July 31, 1974 as Instrument No. 3610 in Book D-6365 Page 262 Official Records, records of said County, described as a whole as follows: Beginning at a point in the northerly line of said parcel 4 distant South 890 34' 50" East thereon 280.00 feet from the northwesterly corner of said parcel 4; thence along the northerly line of said parcels 4 and 5 as follows: South 890 34' 50" East 786.23 feet, South 890 34' 50" East 118.61 feet easterly along a curve therein concave southerly having a radius of 2028.00 feet and arc length of 172.34 feet, and South 840 42' 42"East 239.62 feet; Thence southerly along a direct line 44.00 feet, more or less, to the easterly terminus of that certain course in the most southerly line of the land described in the deed to the State of California, recorded September 28, • 1970, in Book D-4843, Page 631, as Instrument No. 248, Official Records, described therein as having a bearing and a distance of "South 840.42' 42" East 239.63 feet"; thence westerly along said most southerly line as follows: North 840•.42' 42"s West 239.62 feet,• westerly along ° a curve ;therein concave southerly having a radius of 1984.00feet and an arc length of 168.60 feet and North 890 34150"•West 136.03 feet to the most easterly corner of the land described in parcel 2 • of Resolution No. 4741 of the City Council of said City of West Covina,."a'certified copy of which recorded June 28, 1973, as Instrument No. 3209, Official Records; thence along the northerly line of the land so described, North 890= 34' 50" West .203.16 feet to a point of cusp with a curve concave southwesterly described in said resolution as having "a radius of 40 feet" and "an arc length of 91.33 feet"; said point being also the easterly terminus of that certain course in the most southerly line of the land described in the deed to the State of California recorded August 20,• 1971 in Book D-5165 Page 33, as Instrument No. 417 Official Records, described therein as having a bearing anda distance of "North 890 34' 50" West 845.66 feet"; thence along the last mentioned most southerly line North 890 34' 50" West 565.66 feet to a point which bears South 00 25' 10" West from the point of beginning; thence North 00 25' 10" East 44.00 feet, more or less, to the point of beginning. The above description is subject to approval by the parties concerned. RESERVING AND EXCEPTING ALSO from.said vacation the permanent easement and right at any time, or from • time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers, and appurtenant structures thereof and 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, and for the transportation or. distribution of electric energy:and water lines, including access and the right to keep the property free from inflammable materials,. and wood growth, and otherwise protect the same from all hazards. in, upon, and over the -'street or part thereof proposed to be vacated: The City Council does hereby determine that the public con- venience and necessity require the reservation of the rights, easements, and rights -of -way enumerated above. These pro- ceedings for the vacation -of said portion of West Garvey Avenue South are taken subject to such reservations and exceptions. SECTION 3. The City Council of the City.of West Covina does hereby elect to prdceed to:vacate the said portion of said street under the provisions of Part 3,:Division.9 of the Streets and Highways Code of -the State of California. • SECTION 4..;.The hour _of.,8:00 P;. M. on Monday, the 9th day of April, 1979, is hereby fixed as the`time and the Council Chambers in the City Hall at 1444 West.Garvey Avenue South, West Covina, is hereby fixed as the .place for hearing,all persons interested in or objecting to the proposed vacation of said portion of said street. 2 SECTION 5. Notice's of Street Vacation shall be posted by the Street Superintendent in the manner prescribed by Section 8322 of the Streets and Highways Code of the State of California. • SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be published within fifteen days of its adoption in one regular issue of the, West Covina. Tribune, a newspaper of general circulation, printed, pub-lished,.and circulated in the city of West Covina. APPROVED AND ADOPTED this 12th day of March , 1979. Mayor ATTEST. 0,a�� &1� City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the -City Council of the City of'West Covina at a regular meeting thereof held on the 12th day of March , 1979'01 by the following vote of the Council. AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice. • NOES: Councilmen: None ABSENT: Councilmen: None APPRO ED AS TO F RM• • City Attorney City Clerk - 3:., -