Resolution No. 5472
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RESOLUTION NO. 5472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DECLARING ITS INTENTION TO VACATE FORTY-
FOURTH STREET AND A PORTION OF FORTY-FIFTH STREET,
EACH BETWEEN DOWNEY ROAD AND ALCOA AVENUE
WHEREAS, a petition has been presented to the City of
Vernon by Kal Kan Foods, Inc., a free holder of property in the
City of Vernon requesting that Forty-fourth Street between Downey
Road andAlcoa Avenue and a portion of Forty-fifth Street exclud-
ing the easternmost 120 feet thereof, between Downey Road and Al-
coa Avenue (originally Magnolia Street), each in the City of Ver-
non, be vacated: and
WHEREAS, said streets are shown on the map showing the
Master Plan of streets of the City of Vernon located in the of-
fice of the Director of Community Services: and
WHEREAS, the City .of Vernon has public utili ties in
Forty-fourth Street for which a pUblic utility easem.ent will need
to be reserved and excepted: and
WHEREAS, public safety and protection require the main-
tenance of a fire lane for emergency vehicle access on Forty-
fourth Street: and
WHEREAS, an agreement has been proposed whereby the
petitioner will compensate the City of Vernon for street improve-
ments, land, and public utility lines, both by lump sum payment,
by dedication of land for realigning and widening Packers Avenue,
and by street improvements on the north side of Packers Avenue:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON:
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SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: That it declares its intention to vacate
said portions of said streets pursuant to Chapter 1 of Part 3 of
Division 9 of the Streets and Highway Code of the State of
California (commencing with Section 8300) otherwise known as the
Public Streets, Highways, and Service Easements Vacation Law.
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SECTION 3: That it intends to reserve and except all
necessary public utility easements and fire access lanes pursu~nt
to Streets and Highways Code Section 8340.
SECTION 4: That it intends to enter into an agreement
wi th Petitioner for payment for street improvements and for an
exchange of.property as consideration for said vacation pursuant
to Streets and Highways Code Sections 8355 and 8356.
SECTI,oN 5: That it intends to consider any and all
reasonable conditions to protect the public interest pursuant to
Streets and Highways Code Section 8324.
SECTION 6: That a public hearing on. said intention to
vacate is scheduled for Tuesday, May 3, 1988, at 4:45 p.m. in the
City Council Chambers, 4305 Santa Fe avenue, Vernon, CA 90058.
SECTION 7: That the City Clerk of the City of Vernon
shall certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 5th day of April, 1988.
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BRUCE V. MALKENHORST, City Clerk
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~ a'&.hnftp
T 0 AS A; - YBA . Mayor Pro Tem
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5472 ,was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
at a regular meeting of the City Council held on Tuesday,
AprilS, 19 88
..
(SEAL)
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AL AN
P~ ~./01~ 0 3376 E. 44th St. P.O. Box 58853 Vernon, CA 90058-0853 . (213) 587-3663 • TWX: 910-321-2934 Cable: KALKAN
21 August 1987
Mr. Victor H. Vaits
Director of Community Services-
Department of Building and Safety
4305 Santa Fe Avenue
Vernon, CA. 90058 - 0805
RE: Acceptable Conditions for Abandonment of 44th and 45th Streets
Dear Mr. Vaits:
The purpose of this letter is to request that the City of Vernon
consider the abandonment of 44th and 45th Streets in order to permit
Kal Kan to construct and expand its adjacent facilities.
Specifically, Kal Kan requests that 44th Street be abandoned between
Alcoa Avenue and Downey Road, while 45th Street be abandoned from
Alcoa .Avenue to a point 150 feet west of Downey Road. Kal Kan
understands that the City has installed certain utility .facilities in
these streets, and that the streets are currently in use and help to
provide transportation corridors for use by other companies in the
area. In an effort to balance the equities in having the streets
abandoned, Kal Kan agrees to certain conditions and stipulations .and
agrees to pay for certain improvements which would help create an
effective alternative transportation corridor in the immediate area
and reimburse the City for the cost of constructing said improvements
and for the various utility facilities and other investments which
the City has made in the affected area.
Therefore, Kal Kan agrees to the following conditions and
stipulations as part of its request for abandonment of 44th and a
portion of 45th Streets (between Alcoa Avenue and Downey Road):
1. That upon completion of abandonment the City of Vernon would
provide a Quitclaim Deed to Kal Kan quitclaiming whatever interest
the City has in said. streets and releasing Kal Kan from further
obligation to pay additional-fees for the cost of the relocation of
utility facilities or the abandonment of useful assets;
K2403 - -
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2. Kal Kan agrees to pay the City of Vernon a lump sum payment
of $637,400.00 upon Final Agreement as defined, for (a) the
reimbursement of expenses and inconveniences associated with the
closures, (b) the permanent retirement of various assets and
facilities, (c) the relocation of all utilities in 45tP~S~-~~e~,
(d) the realignment of Packers Avenue at Alcoa Avenue (Exhibit "A")
(e) the improvement of alley west of Downey Road (Exhibit "B") (f)
and the construction of any additional improvements that would
improve transportation circulation in the immediate area.
3. Kal Kan agrees that the City will retain public utility
easement rights in 44th Street for the purpose of installing and
maintaining required necessary utilities and that the Fire Department
will continue to have access for fire fighting purposes and
inspection purposes and that the pavement in 44th Street will be
maintained in good condition by Kal Kan in order to permit. reasonable
Fire Department access and to preserve and protect the installation
of various utility assets;
4. Kal Kan agrees to submit all necessary legal documents which
may be necessary in order to provide access, drainage and utilities
at both ends of 45th Street.
5. Kal Kan agrees to continue to meet the fire protection
requirements by maintaining the existing water line under 45th Street
until an effective alternative fire protection system is approved by
the City and installed by Kal Kan. The new system will be an
effective alternative if it can provide the fire protection required
by the uniform codes in effect at the time the system is submitted
for approval;
6. The City will realign Packers Avenue in order to provide a
straight intersection at the corner of Alcoa Avenue and Packers
Avenue.
7. Kal Kan agrees to deed to City of Vernon all Kal Kan
property south of existing Packers Avenue between Alcoa Avenue and
Los Angeles Department of Water and Power right-of-way;
8. The City will improve the alley west of Downey Road to City
Street Standards. (Exhibit "B");
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9. The alley improvement and any utility relocation within the
right-of-way shall be considered an expansion that is discharged by
the lump sum payment agreed to above;
10. Kal Kan agrees to deed to City the required property and to
improve the north side of Packers Avenue between Alcoa Avenue and
alley west of Downey Road by constructing new curb, gutter, sidewalk
and pavement as required within the 30 foot right-of-way north of the
existing centerline as shown in Exhibit "A". All work to be
performed at the time the abutting property is developed.
Tf the above conditions are acceptable to the City of Vernon, please
have an authorized agent of the City execute this letter as indicated
below. In addition, upon the execution of this letter agreement by
an authorized agent of the City, Kal Kan will consider it to be a
true and binding contract and binding upon Kal Kan in the event that
the City grants Kal Kan's request as expressed herein.
Very truly yours,
KAL KAN FOODS, INC.
W ~ D. Commerfor °
Vice Presiden ~ Commercial
NC:cg
The above terms and conditions CITY OF VERNON
are acceptable.
Dated : V.' /9'
Title : rtG~i9 J/G'r~
ATTEST: f~
Bruce V. Malkenhorst, City Clerk
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' ITY CO NCIL
U OFFICERS
LEONIS C. MALBURG, Mayor BRUCE V. MALKENHORST,
THOMAS A YBARRA, Mayor Pro-Tem z City Administrator/City Clerk
' Wm. "BILL" DAVIS
H.. "LARRY" GONZALES DAVID B. BREARLEY,
W. MICHAEL McCORMICK City Attorney
TELEPHONES VICTOR H. VAITS,
Director of Community Services
CITY CLERK ..............................5838811 ~ LEWIS R. ADAMS,
POLICE DEPT ...........................587-5171 Director of Water & Power
FIRE DEPT .................................5834821
BUILDING DEPT ......................5838811 GEORGE F. BASS,
PUBLIC .WORKS DEPT...........5838811 Tmv A T T FSre Chief
HEALTH DEPT .........................5838811 CI 1 1 Ht'~LL AL ESPINOZA
430b SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Polioe Chief
In Reply Refer to:
December 8, 1987
Mr. W.D. Commerford
Vice President -Commercial
Kal Kan
3376. E. 44th Street.
.Vernon, CA 90058
Gentlemen:
As you are aware, on October 20, 1987 the City Council approved and accepted the
terms and conditions of a letter of agreement with Kal Kan for the abandonment of
44th and 45th Streets.
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Upon the receipt of a lump sum..payment-~f-.$637=,"400.00-~=as..-outlined ~in Sec"~. =2-=of the---=
letter of agreement the City will start the required procedures to comply with the
conditions. of the .letter. of agreement.
In the euent that the Citg of Vernon is not able to discharge its obligations
under the agreement, the City will return the .lump sum payment to Kal Kan in full.
Very truly yours,
- V ctor H. Vaits _
.Director of Community. Services
VHVcps
cc: City Administrator..
City Attorney _
~~~~~~w~9` rj.c~rr
~ 7 1987
AID /1 ~~..r ~ --,T
P~ ,M 33711 E. 44th St. P.O. Box 58853 Vernon, CA 90058.0853 • , (213) 587.3663 • TWX`. 910-321-2934 Cable: KALKAN
21 .August 1987
Mr. Victor H. Vaits
birector'of Community-Services
Department of Building and Safety
4.305 Santa Fe Avenue
Vernon, CA. 90058 - -0805
RE: Acceptable Conditions for Abandonment of 44th and 45th Streets
Dear Mr. Vaits;
The purpose of this.. letter is to request that he City of Vernon
consider the abandonment of 44th and 45th Streets in order to permit
Kal Kan to construct: and expand its adjacent facilities.
Specifically, Kal Kan requests that 44th Street be abandoned between
Alcoa Avenue and Downey Read-, -whi-la--45_th'-Street. be abandoned from
Alcoa Avenue to a point 150 feet west. of Downey ..Road. Kal Kan
understands that the City has installed certain utility facilities in
these .streets, and that the streets are currently.. in use and help. to
provide transportation corridors for use by other companies in the:.
area. In ari effort to balance the equities in having the streets
<abandoned, Kal Kan agrees to certain conditions and stipulations and
agrees to pay-for certain improvements which would help create an
effective alternative transportation corridor irr the immediate urea
and :reimburse the City for the cost of constructing said ..improvements...
_ .and .for the various utility facilities 'and other investments which
= theeCity has made<in the affected area.
Therefore, Kal Kan agrees to the following conditions and
stipulations-as part of its .request. for abandonment. of 44th and a
portion of 45th .Streets (between. Alcoa Avenue and Downey Road):
1. That upon completion of abandonment the-City. of :Vernon would
provide a Quitclaim Deed to KaI Kan quitclaiming whatever interest
the. City. has in said streets and releasing Kal Kan from further
obligation to pay additional fees for. the cost of the relocation of
utility facilities, or the abandonment of useful assets;
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2. Kal Kan .agrees to pay: the City of Vernon a lump sum payment
of $637,400.00 upon Final Agreement as defined, for (a) the
reimbursement of expenses and. inconveniences associated with 'the
closures, (b) the permanent retirement of various assets and
facilities, (c) the relocation of all utilities in 45th Street,
(d) the realignment of Packers Avenue at Alcoa Avenue (Exhibit "A")
(e) the improvement of alley .west of Downey Road..(Exhibit "B") (f)
and the construction of any additional improvements that would
improve transportation .circulation-in the immediate area.
3. Kal.Kaneagrees..that the City-will retain: public. utility
.easement rights in 44th Street for the. purpose-of installing and
maintaining required necessary utilities and that the Fire Department
will continue to have ,access for fire fighting purposes and
inspection purposes and that the pavement.-in 44th Street will be
maintained in goad condition by Kal'Kan in order to permit reasonable
F-ire Department access-.and to preserve and protect'.the installation
of various utility assets;
4. Kal Kan agrees to submit all necessary. legal documents which
.may be,necessary in order to provide access, drainage and utilities
at both ends of 45th Street:
5. Kal:Kan agrees to continue to meet the..fire,protection
-requirements by maintaining-the existing water line under 45th"Street
until an effective alternative fire protection system is approved by
the City and installed by Ka1 Kan. The new .system will be an
effective alternative if it can provide the fire protection required.
by. the. uniform ..codes in effect at the time thesystem is submitted
-for. approval;
6. The City will realign Packers Avenue in order. to provide a
straight 'intersection;at the.. corner of Alcoa.Avenue :and... Packers-_________-_
Avenue.
7. Kal Kan agrees to deed to City-of Vernon all Kal`Kan
property south'of existing Packers Avenue between Alcoa Avenue and
Los .Angeles Department of Water.-and Power..right-of-way;
8. The: City .will improve the alley west of Downey Road to City
Street Standards. (Exhibit "B");
. -3-
9. The alley improvement and any. utility relocation within the
right-of-way shall be .considered an expansion that is discharged by
the lump sum payment agreed-to above;
10. Kal Kan agrees 'to deed: to City the required property and to
improve the north side of Packers Avenue between Alcoa Avenue and
alley west of Downey Road by constructing new curb, gutter, ..sidewalk
and pavement. as required within the 30 foot-ri~~ht-of-way north of the
existing centerline as shown in Exhibif "A". All-work to be
performed at the time the abutting property is .developed.
If the above conditions°are acceptable to-the City of..Vernon., please
have an authorized agent of the-City execute this letter as indicated
below.. In addition, upon the execution of this letter .agreement by
an authorized agent of the City, Kal`Kan will. consider it to be a
true and binding-contract.-and .binding upon Kal Kan in the event that
the City grants Kal Kan's request as expressed herein,
-Very truly yours,
KAL KAN FOODS, INC. _
Neil Commerford
Vice President - Commercial
NC:cg
The above terms and conditions CITY OF VERNON
are acceptable,
By•
Dated:
Title:
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January 1S, 169
V-1o
TC): Bruce V. Malkenhorst, City Adrnir~istrator
u
FRAM: Victor H. Vaits, pirector of Comrriunity Services
SUBJECT: PACKERS AVENUE IMPRC)VEMENT
We are proposing, in the near future, to improve Packers
Avenue between Alcoa Avenue and Downey Road. Kal -Kan is
obligated a~ part of the agreement, through which the City va-
cated 44th and 45th Streets, to construct certain improvements
along. their frontage on Packers Avenue.
It is mare economical to include the required frontage im-
provements under City contract. Kal Kan has submitted a check
.for ~56,1g0.Q0, as deposit, to cover the cost of the improve-
- ments. Final accounting will be done at the time the City
receives bids for performing the work.-
. It is recommended that the deposit be received and authority
be granted to include Kal Kan's frontage improvements under City
contract.
VHV: ps
Attachment: Ka1 Kan Check
3250 East 44th St.
Vernon, CA 90058-0853 _ VENDORNO. ~ ~,i..!-. L ~'3~. - C ~ ~ ~ ~ "~_3
No. J
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VbUCHER NO INVOICE DATE REFERENCE/INVOICE NO: GROSS AMOUNT DISGpUNT NET AMaUNT
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CERS
LEONIS C. URG, Mayor BRUCE V. MALKENHORST,
~TH,OMAS A YBARr. Mayor Pro-Tem City Administrator/City Clerk
f t Wm. "BILL" DAVIS
i
n H.. "LARRY" GONZALES DAVID B. BREARLEY,
1> 'y W. MICHAEL McCORMICK City Attorney
( VICTOR H. VAITS,
TELEPHONES Director of Community Services
CITY CLERK ..:...........................5838811 LEWIS R. ADAMS,
POLICE DEPT ...........................587-5171 Director of Water & Power
FIRE DEPT .................................5834821
BUILDING DEPT ......................5838811 GEORGE F. BASS,
PUBLIC WORKS DEPT...........5838811 CITY HALL FYre Chief
HEALTH DEPT .........................5838811 AL ESPINOZA
4305 SANTA FE AVENUE, VEIi,NON, CALIFORNIA 90058 Police Chief
In Reply Refer to:
October 6, 1987
City Council
City of Vernon
Honorable Members:
We have received a request from Kal Kan Foods, Inc., dated August 21,
1987, requesting the city abandon 44th & 45th Streets, which would
permit Kal Kan to construct and expand their adjacent facilities.
They list conditions and stipulations which they would agree to if
the abandonment were approved. This request has been reviewed by
.the Director of Community Services and the City Attorney and it
is hereby recommended that this communication be considered a Letter
Agreement by and between Kal Kan Foods, Inc., and the City of Vernon
and that the Mayor be authorized to execute same on behalf of the
City.
Very truly yours,
~
Bruce V. Malkenhorst
City Clerk
BVM/gjo
Attachment
1. That upon completion of abandonment..the City of Vernon would
provide a Quitclaim Deed to Kal Kan quitclaiming whatever interest
the;City has in said streets and. releasing Kal Kan from further
obligation to pay additionai fees for the cost of the relocation' of
utility facilities or the abandonment of useful assets;
2. Kale Karr agrees to pay the City 'of Vernon a lump sum payment
of $637,400.00 upon Final Agreement. as defined, for (a) the
reimbursement of expenses and inconveniences. associated with the
.closures, {b) the permanent retirement-of various assetsand
facilities, (c) the relocation of all utilities in 45th Street,
(d) the realignment.. of .Packers Avenue at Alcoa Avenue (Exhibit "A") ~i
(e) the improvement of alley west of .Downey Road (Exhibit "B") (f)
and the construction of any. additional improvements that-would
.improve transportation circulation in the immediate area.
3. Kal Kan agrees that the City will retain public utility
easement rights in 44th Street-for the purpose of installing. and
maintaining required necessary utilities and-that the Fire Department
will continue to have access for fire fighting purposes and
inspection purposes and that the pavement in 44th Street will be
maintained in good condition by Ka1 Kan in order to permit reasonable
Fire Department access. and to preserve and protect the installation
of various utility assets;
4. Kal Kan agrees to submit all necessary legal documents which
may be necessary in order to provide access, drainage and utilities
at both ends of 45th Street.
5. Kal Kan agrees to continue to meet the fire protection
requirements by maintaining the existing water line. under 45th Street
until an effective alternative--fire protection system is_approved by
the City and installed by Ka1-Kan. The new systemwll be an
effective alternative if it can provide the fire protection required
-by .the uniform codes in effect at the time the system is submitted
for approval;
6. The City willrealgn Packers Avenue in order to .provide a
straightintersection at the corner of Alcoa Avenue and Packers
Avenue.
7. Kal Kan agrees to deed to City of Vernon all Kal Kan
property south of existing Packers Avenue between Alcoa Avenue and
Los Angeles Department of Water. and-Power right-of-way;..
8. The City will improve the alley west of Downey Road to City
Street Standards. (Exhibit !'B");
• -3-
` 9. The alley improvement and any utility relocation within- he
right-of-way shall be considered an expansion that is discharged by
the ..lump sum payment agreed to above;
10. Kal Kan agrees to deed to-City the required property and to
improve :the north side of .Packers. Avenue between .Alcoa Avenue and
alley west of Downey Road by constructing new curb, gutter,-sidewalk
-and .pavement as required within the 30 foot xight-of-way north of the
existing centerline as. shown in Exhibit "A". All work to be
performed at the time the abutting property is developed.
September 15, 1987
V-lo
T0: Bruce V. Malkenhorst, City Administrator
FROM: Victor H. Vai.ts, Director of Community Services
SUBJECT:. 44th & 45th STREET ABANDONMENT C~~~ ~l C~~?~U.~".~
Herewith for your review and further action is a letter of understanding
signed by Kal Kan Foods inc. dealing .with the abandonment of 44th and 45th Streets
between Downey .Road and Aleoa Avenue. In my opinion the proposed abandonment and
tYie realignment, of Packers Avenue will contricbute to sa£~r' street operation
a~.d improve the traffic circulation in the area.
Therefore it is recommended that ,the letter be forwarded to the City .Council
for their favorable action.
VHV:ps
Enclosures
cc: City Attorney