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Resolution No. 9264� f 1 2 3 4 5 6 7 8 AN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A NOTICE OF CONSENT TO USE OF LAND UNTIL REVOKED REGARDING PROPERTY LOCATED AT 4855 E. 52ND PLACE IN THE CITY OF VERNON WHEREAS, the City of Vernon owns property located at 4855 E. 52nd Place in the City of Vernon (the "Property"); and WHEREAS, Section 813 of the California Civil Code provides a procedure whereby the owner of land can consent to the use of said land by the public without said consent affecting the owner's rights to the 11land; and WHEREAS, the City of Vernon desires to permit the use of a private road located on the Property for use by the public as a (roadway; and WHEREAS, the recording of a Notice of Consent to Use of Land Until Revoked (the "Notice") evidences the City's consent to the use of certain portions of the Property as a roadway; and WHEREAS, City staff have recommended that the Notice be approved, executed by the Acting City Administrator and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS SECTION 1: The City Council of the City of Vernon hereby (finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Notice of Consent to Use of Land Until Revoked, in substantially the same form as Exhibit A which attached hereto and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lincorporated herein by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Acting City Administrator to execute said Notice for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby authorizes the Acting City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Notice. SECTION 5: The City Council of the City of Vernon hereby authorizes the Acting City Administrator, or his designee, to execute lany and all documents as shall be required to complete the recordation process consistent with the terms of said Notice approved herein. SECTION 6: The City Council of the City of Vernon hereby directs the Acting City Clerk, or her designee, to send one fully executed Notice to the City Attorney for processing. SECTION 7: The Acting 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. APPROVED AND ADOPTED this 5th day of March, 2007. TEST: poi MANUELA GIRION, lkcting City Clerk HILARIO GONZA ES, Mayor Pro-Tem - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9264, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, March 5, 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. is MANUELA GIRON,c Acting City Clerk (SEAL) - 3 - EXHIBIT 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Manuela Giron, Acting City Clerk Space Above For Recorder's Use NOTICE OF CONSENT TO USE OF LAND UNTIL REVOKED Notice is hereby given, pursuant to Section 813 of the California Civil Code, that the City of Vernon, a body corporate and politic ("Owner") is the owner of that certain real property described below (the "Permitted Use Property"). The Permitted Use Property is a segment of the property commonly known as 52°d Place, Vernon, California. The Owner hereby consents to the use of the Permitted Use Property by the public or any person solely for use as a roadway, which consent is permissive only and may be revoked by the Owner at any time in accordance with law. The Permitted Use Property is more particularly described as follows: Those portions of Lots 105, 106 and 107 of Tract No. 7923, in the city of Maywood, county of Los Angeles, state of California, as per map recorded in book 113 pages 80 to 83 of Maps, in the office of the county recorder of said county, more particularly described as follows: Beginning at the most westerly corner of that certain parcel of land described in the deed to Maywood Glass Co., recorded as Document No. 2403 of April 10, 1952 in book 38681 at page 218 of Official Records, in the office of said county recorder, which most westerly corner is a point in the southeasterly prolongation of the northeasterly line of Fifty-second Place as shown on said map of Tract No. 7923; thence along a southwesterly line of said Maywood Glass property and said prolongation South 54' 27' 15" East 80.12 feet to an angle point in said southwesterly line; thence continuing along said southwesterly line and along the southwesterly line of that certain parcel of land described in the deed to Maywood Glass Co. recorded as Document 253 of November 3, 1938 in book 16177 at page 216 of said Official Records, South 38' 59' 30" East 570.85 feet to the end thereof; thence along the southwesterly prolongation of the southeasterly line of said last mentioned parcel, South 51' 00' 30" West 50.00 feet to a point in the northeasterly line of that certain parcel of land described as Parcel "B" in the deed to City of Maywood recorded March 20, 1942 in book 19198 at page 193 of said Official Records; thence North 38159' 30" West along said last mentioned northeasterly line, to northeasterly line of that certain parcel of land described as Parcel "A" in the deed to City of Maywood recorded as Document No. 1 of 01910/0014 152390.1 August 20, 1940 in book 17750 at page 183, the northeasterly line of that certain parcel of land described in the deed to Maywood Mutual Water Company No. 3 recorded in book 9787 at page 9, and the northeasterly line of Parcel "C" of said deed recorded in book 19198 at page 193, all of said Official Records, 564.07 feet; thence along a northerly line of hereinabove described Parcel "C", North 82' 47' 15" West 63.04 feet to the easterly line of Heliotrope Avenue, 50 feet wide, as shown on said map of Tract No. 7923; thence along said easterly street line North 7° 33' 15" East 33.88 feet to an angle point therein; thence continuing along a southeasterly line of said Heliotrope Avenue, North 331 19' 45" East 50.04 feet to the point of beginning. The right of the public or any person to make any use whatsoever of the Permitted Use Property or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of Owner: Section 813, California Civil Code. Dated: March S , 2007 APPROVED AS TO FORM: Jeff A. Harrison, City Attorney State of California ) County of Los Angeles ) OWNER: City of Vernon By: Name: Eric T. Fresch Title: Acting City Administrator ACKNOWLEDGEMENT On this . 2007 before me a Notary Public in and for said State, personally appeared Eric T. Fresch (_.�J personally known to me, or (__j proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) 01910/0014 152390.1