TITLE
Recommendation to adopt resolution ordering the vacation of a portion of Fifty-Third Street between Pine Avenue and Locust Avenue; and request City Attorney to accept dedication of a new public alley from the Long Beach Unified School District. (District 8)
DISCUSSION
The east 265 feet of Fifty-Third Street that bisects the Addams Elementary School has been closed to vehicular traffic since 1942. In 1995, the Long Beach Unified School District ("District") wanted to repave the school play yard and incorporate the closed street area, eliminating the street curbing. These improvements would preclude vehicular use around the clock and the District therefore requested that the street portion be vacated. A resolution of intention to vacate as shown on the attached Exhibit A was adopted on January 17, 1995, and a public hearing was held on February 21, 1995. However, as a condition of approval for the vacation, the District was to construct a through-alley midblock west of the closure. The District completed that construction satisfactorily, but only completed other requirements for the vacation in 2004.
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(a) of that Chapter states that the legislative body of a local agency may summarily vacate a public service easement (when) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
The Department of Public Works supports this action based on the following evidence, facts, conditions and findings, establishing that the dedicated right-of-way to be vacated is unnecessary for present or prospective use by the public:
The Addams Elementary School campus property is shown on the attached Exhibit B.
In 1994, the District appli...
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