HomeMy WebLinkAboutRES 2009-14RESOLUTION NO. 2009-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, VACATING AN EASEMENT FOR SANITARY SEWER PURPOSES ON
LOT 1 OF PARCEL MAP NO. 7937 IN THE CITY OF DIAMOND BAR, CALIFORNIA
A. RECITALS:
(i) WHEREAS, an easement has been dedicated to the City of Diamond Bar,
as successor to the County of Los Angeles, for sanitary sewer, drainage and storm
drain purposes dedicated by statement on the face of Parcel Map No. 7937,
recorded in Book 90, Pages 7 through 8 inclusive, of maps in the Office of the
County Recorder of the County of Los Angeles, State of California; and
(ii) WHEREAS, it is appropriate to consider the vacation of the portion of the
easement for sanitary sewer purposes, the location and extent of which is shown on
Exhibit A attached hereto, because the easement has not been used for sanitary
sewer purposes since the date it was dedicated and the property for whose benefit
the sanitary sewer easement was recorded will instead be served by a private
sanitary sewer easement to be established at a different location on the burdened
property; and
(iii) WHEREAS, the recorded easement for drainage and storm drain
purposes is to be unaffected by this vacation.
B. RESOLUTION:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES HEREBY RESOLVE:
Section 1. That all the facts set forth in Part A — Recitals of this resolution are true
and correct.
Section 2. That this vacation is made pursuant to Section 8333 of the California
Streets & Highways Code.
Section 3. That the portion of the easement for sanitary sewer purposes,
generally shown in Exhibit A attached hereto and made a part hereof,
is unnecessary for present or prospective public use.
Section 4. That a private easement for sanitary sewer purposes along the
easterly property line of Lot 1 of Parcel Map No. 7937 will be
established for use by Lots 2 and 3 (1019 and 1009 Via Sorella Street)
specific for sanitary sewer purposes.
Section 5. That the portion of the easement for sanitary sewer purposes herein
above described is rfereby ordered vacated, to be effective upon
satisfaction of the following condition: The private easement along the
easterly property line of Lot 1 of Parcel Map No. 7937 for sanitary
sewer purposes for use by Lots 2 & 3 shall be executed and recorded
4
2009-14
in the Office of the County Recorder of the County of Los Angeles,
State of California; and
Section 6. That the portion of the easement specific to drainage and storm drain
purposes on Lot 1 of Parcel Map No. 7937 shall be unaffected by this -
vacation and shall remain in full force and effect.
Section 7. That the City Clerk is directed, upon receipt of evidence satisfactory to
the City that a private easement for sanitary sewer purposes for the
benefit of Lots 2 & 3 of Parcel Map No. 7937 has been recorded, to
record a certified copy of this resolution of vacation in the Office of the
County Recorder of the County of Los Angeles, State of California
PASSED, APPROVED AND ADOPTED this 19th day of May , 2009.
Ron Everett, Mayor
ATTEST:
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do
hereby certify that the foregoing Resolution Number 2009-14 was duly and
regularly passed and adopted by the City Council of the City of Diamond Bar,
California, at its regular meeting held on the 12±1-tay of May , 2009, by the
following vote to wit: _
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Herrera, M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
TOMM E A. CRIBBINS, CITY CLERK
CITY OF DIAMOND BAR, CALIFORNIA
?nna_1A