TITLE
Recommendation to adopt resolution ordering the summary vacation of a portion of an alley east of Termino Avenue and north of Wilton Street adjacent to 4141 - 4145 Wilton Street. (District 4)
DISCUSSION
In January of 2008, the homeowner at 4141 Wilton Street requested that the City vacate the easterly 70 feet of this unimproved, dead-end alley adjacent to his property. The purpose of the vacation is to allow this property owner to obtain a building permit for an addition to the north side of his home. The area proposed to be vacated is shown on the attached Exhibit A.
Proceedings for this vacation are being conducted in accordance with Chapter 4, Summary Vacation, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Section 8333 of that Chapter states that the legislative body of a local agency may summarily vacate that portion of right-ofway which has not been used for the purpose for which it was dedicated or acquired, for a period of (at least) 5 consecutive years. The Department of Public Works supports this action based on the following evidence, facts, and conditions, finding that the dedicated right-of-way to be vacated is unnecessary for present or future public use.
1. The subject alley was dedicated as a public alley on the map of the Eastern Heights Tract in 1907. It was never improved for use as an alley, and is not used for access to any property.
2. As the full 10-foot width of the alley was dedicated along the north boundary of the Eastern Heights Tract, it is expected that the alley will revert to the property owners on the south. However, the City of Long Beach does not guarantee reversionary rights over vacated rights-of-way.
3. Exhibit B showing land use in the area of the subject alley vacation is attached.
4. On December 10, 1991, the City of Long Beach adopted a resolution of intention to vacate the entire alley east of Termino Avenue and north of Wilton Street. Becau...
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