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Home My WebLink AboutRES 2008-431 RESOLUTION NO. 2008- 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, VACATING A PORTION OF VIA SORELLA STREET IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS: (i) WHEREAS, Via Sorella Street has been dedicated to the City of Diamond Bar, as successor to the County of Los Angeles, for public street and highway purposes; (ii) WHEREAS, on September 9, 2008 the Diamond Bar Planning Commission found the proposed vacation of a portion of Via Sorella Street to be consistent with the Diamond Bar General Plan; (iii) WHEREAS, on October 7, 2008, the City Council duly passed and adopted Resolution No. 2008-37 declaring its intention to vacate a portion of Via Sorella Street in the City of Diamond Bar, the general location and extent of which was shown therein; (iv) WHEREAS, said Resolution No. 2008-37 fixed 7:00 p.m. on November 4, 2008, in the South Coast Air Quality Management District Auditorium at 2:1865 E. Copley Drive, Diamond Bar, California 91765 as the time and place for hearing all persons interested in the proposed vacation, and the date of said hearing was not less than fifteen (15) days from the date of the adoption of said resolution; (v) WHEREAS, notice of the hearing was provided as required by Sections 8322 and 8323 of the California Streets & Highways Code; (vi) WHEREAS, the hearing was opened at the regular City Council meeting of November 4, 2008, public testimony was taken and the hearing was continued to the regular meeting of November 18, 2008; (vii) WHEREAS, on November 18, 2008, the City Council conducted a continued hearing on the proposed vacation and took and considered additional public testimony; and (viii) WHEREAS, it is appropriate to consider the vacation of a portion of Via Sorella Street, the location and extent of which is generally described in Exhibits A and B attached hereto. 2008 43 B. RESOLUTION: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. That all the facts set forth in Part A — Recitals of this Resolution are true and correct. Section 2. That based on the evidence in the record, the portion of Via Sorella Street to be vacated, generally described in Exhibits A and B attached hereto and made a part hereof, is unnecessary for present or prospective public use. Section 3. That based on the evidence in the record the portion of Via Sorella Street to be vacated, as herein above described, is not required for a non -motorized transportation facility. Section 4. That there are existing storm drains, water lines and public utilities within the area proposed to be vacated, the owners and operators of which have been advised of this request to vacate. Requests have been received from the Southern California Gas Company, Southern California Edison, and the Walnut Valley Water District (the "easement holders") to reserve and except nonexclusive easements for such purposes to construct, maintain, operate, replace, repair, patrol, change the size of, add to, or remove from time to time sanitary sewers, storm drains, pipelines, conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenant structures in, on, over, under or across the street to be vacated. Therefore, the City Council, from such vacation herein ordered, hereby reserves and excepts an easement for public utility purposes as shown in Exhibit C attached hereto and made a part hereof. Except as provided below, the easement holders shall have free access to their respective utility systems and infrastructure and every part thereof at all times for the purpose of exercising the rights reserved herein. To the extent that any fence or gate impedes access to any portion of the easement holders' facilities in the easement area by the easement holders, property owners shall install a lockbox and provide the easement holders with a key in order to assure access twenty-four hours per day, seven days a week. The property owners of 1009 and 1019 Via Sorella, and their successors and assigns (the "property owners"), shall not erect, place or maintain any building or structure in the vacated street except for 2008-43 1 those improvements on Parcels A and B shown on the Architectural Plans, sheet A.1, dated November 26, 2007 in the official records of the City (the "approved plans") and attached hereto as Exhibit D and made a part hereof. In the event that the property owners install any building or other structure in the easement area that interfere with free access by the easement holders to public utility systems and infrastructure within the easement area, except for the improvements shown on the approved plans, they shall be responsible for the cost of removal and replacement of such improvements upon request of the easement holders. The property owners shall not change the grade of the surface of the easement area without the written approval of the easement holders and shall not plant trees or other deep-rooted plants over the easement area. In the event that the rights accorded by this reservation of easement are exercised for purposes of installation, replacement, repair, maintenance or other operation of utility facilities, the easement holder shall cause the least injury to the surface of the ground, plantings, vegetation and roots as feasible and shall restore the surface of the ground, including plantings and vegetation, to as near the same condition as it was prior to excavation as is practicable. Section 5. That the portion of Via Sorella Street herein above described is hereby ordered vacated, to be effective upon satisfaction of the following conditions: A. Curb, gutter, sidewalk, and a street light shall be installed at the end of the cul de sac to the satisfaction of the City Engineer pursuant to Planning Commission Resolution No. 2007-54; B. A common access easement for the benefit of the properties located at 1009 and 1019 Via Sorella Street shall be recorded in the Office of the County Recorder of the County of Los Angeles, State of California; and C. The property owners shall relocate the gas lines within the easement reserved in Section 4 above to the satisfaction of the Southern California Gas Company, in order that the improvements shown on the approved plans do not interfere with free access to the gas lines. 2008-43 Section 6. That upon recordation of this resolution and the vacation of that portion of Via Sorella Street described herein above to be vacated, all right, title and interest in the improvements within the area vacated shall be vested as follows for the benefit and use of the properties located at 1009 and 1019 Via Sorella Street, respectively: Parcel A (to 1009 Via Sorella): DAAR-UL-ILM of Muslim Youth Inc. Parcel B (to 1019 Via Sorella): Ying and Ming, LLC Section 7. That the City Clerk is directed, upon receipt of evidence satisfactory to the City that a common access easement for the benefit of the properties located at 1009 and 1019 Via Sorella Street has been recorded, and installation of curb, gutter, sidewalk, and a street light at the end of the cul de sac pursuant to Planning Commission Resolution No. 2007-54 has been performed to the satisfaction of the City Engineer, and gas lines have been relocated to the satisfaction of the Southern California Gas Company, 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 18th day of NovembF!r , 2008. Jack om— Jack Tanaka, MAYOR I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2008- was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 18th day of November, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS:Cha rig iierrera Tye MPT/EvE. sett M/Tancaz,: NOES: COUNCILMEMBERS:Non(: ABSENT: COUNCILMEMBERS:Nerie Tomm�A�C� bins, City Clerk City of Diamond Bar, California 2008-43 PAGE 1 DF 3 EXHIBIT A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "A" AREA OF VIA SORELLA TO BE VACATED PARCEL A BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN BOOK 90 PAGES 7 AND B AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES. IN'THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937, SAID POINT BEING THE TRUE POINT OF.BEGINNING; THENCE SOUTH 32'36'22' EAST, A DISTANCE OF 51.06 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57 AS SHOWN ON FREEWAY MAP 2130-2, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 54"34'41- EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'35'37' HAVING A RADIUS OF 300.00 FEET, A DISTANCE OF 149.72 FEET TO A POINT OF CUSP A RADIAL LINE TD SAID POINT BEARS SOUTH 83'10'18" EAST: THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 7550.00 FEET. A RADIAL LINE TO SAID POINT BEARS NORTH 49' 16'47" WEST, THROUGH A CENTAL ANGLE OF 0'2B'34", A DISTANCE OF 62.74 FEET SAID CURVE BEING THE SOUTHEASTERLY LINE OF LOT 3 OF PARCEL MAP 7937 THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE OF LOT 3 SOUTH 40'14'39" WEST.A DISTANCE OF 62.20 FEET TO THE POINT OF BEGINNING. CONTAINS 3.981 SQUARE FEET MORE OR LESS SEE ATTACHED PLAT DEPICTING THE ABOVE DESCRIBED LAND- THIS AND_ TH�DESCIP� AS PREPARED UNDER MY SUPERVISION: GREG L.S. 6771 LICENCE EXPIRES 9 -30 -OB 1 DECEIVED OCT .1 5 2008 WALNUT VALLEY WATER DISTRICT 2008-43 PAGE 2 OF 3 EXHIBIT " A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "B" AREA OF.VIA_.SORELLA TO BE VACATED PARCEL B BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN TH OF BLOB ANGELES. IN THE ACITY OF DIAMOND AS FILED NBAR, STATES OF CALIFORNIA. DESCRIBED THE RECORDER OF THE COUNTY AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937. SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTH 32'35'22" EAST, A DISTANCE OF 51.05 FEET To WESTEWAY RLY DNNE OF LAFCURVE CONCAVE ORNIA STATE INORTHWESGHWAY TERLY57 SASRADIALHOWN NLINEETO SAID POINT BEARS SOUTH 54'34'41" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE SAID A CENTRAL ANGLE 4" 2"01'53' HAVING A RADIUS OF 300.00 FEET. A DISTANCE OF THRTo 5J0.54 FEET To THE END SAID CRV.2'324B- EAST: THENCEOSOUTH 37'27'12- WESTAALONGESAIDSAID WESTERLYTLINEROFSOUTH ' CALIFORNIA STATE HIGHWAY 60/57. A DISTANCE OF 96.50 FEET TO A POINT OF CUSP. CDNCDAVELLINE TO SOUTHWESTERLDY HAVI,NGBAARADRS IUS TOF744-00 FEET, THROUGH 3'45*26 EAST: CA CENTRAL CURVE ANGLE OF 84'33'02 A.DISTANCE OF 64.93 FEET TO AN ANGLE POINT OF LOT i OF PARCEL MAP ALONGUTHERS7937, A OUTHEASTERI-YALINENOFTLOTSII ANDN2 OFRS PARCEL MAPTH 179373NORTHS40'14E39E EAST A DISTANCE OF 9B_24 FEET TO THE TRUE POINT OF BEGINNING_ CONTAINS 4.776 SQUARE FEET MORE OR LESS SEE ATTACHED PLAT DEPICTING THE ABOVE DESCRIBED LAND. THIS DES/ClIPTION WAS PREPARED UNDER MY SUPERVISION: GREG EJ,4 BREE L_5. 6771 LICENCE EXPIRES 9 -30 -OB O L.P.ND SCi v Q' o J o.6771 EXp• x{`36 PF C OCT, 1 5 2008 WALNUT VALLEY WATER MSMCT 2008-43 2008 -37 1 1 1 CIIYO OFDIAMONDBAR VIA SORELLA RIGHT-OF-WAY VACATION PLAT o 1 p N6.6771 NH3 '50'3 E (RAt7) �.�.30, 66. P K7g-b7' SB -E [r NB6 23' iB-E (RbD) �rF()F I;AUF�� oN� tia op g0 mo10 �3A° �Q SB3'ID'18'E (Rlp)�� -%- _ LOT 3 °R A ray P_D_6 LOT 2 s�q cD LOT 1 a s s r. �o s_ ,T Y .g O T �S• c � s S\ 3 • a° � �9gFF cy ■■IN mmu mill mmm ■■a■■y' �■■■■EXr 'I■■■■■■1z-:r - y¢° as L-iD� L_ 3D D Q 1 oJ�Q L-L-LL� o �C• 9a L L_ ` X" a v 4� Q• �e4 589'46'50-E [RAD} kzo ohm C34 S7H •�—j2=E CRAG} ¢ o �2��`�v j .2 4'1. PAGE 3 OF 3 R= 450. DD' D=2.3247" L= 2D. DD' �r7r- �9 BOJ A -N- A I SCALE I- = SO' PARCEL A =3,9B1 Sp_ FT. 0-09 ACRES PARCEL B = 4,775 SQ -FT - 0 -14 ACRES NOTE THE RIGHT OF INGRESS TO AND EGRESS FROM PARCEL ISTO BEARESERVED - DYER NBYAPARCELCROSS SEPARATEDOCUMENT BASIS OF BEARINGS: yA° g i Q 1 4 THE BEARINGS SHOWN HEREON ARE BASED 0N THE SOUTHERLY LINE 0 N/ OF PARCEL MAP No- 7937 M. B. 90 P. 7-B 9 3% ANGELES COUNTY, BEING S40 -14'39"w RECORDS OF L05 5 /.9 C.E.S.M. INC. 2131 REDELL. AYE - MONROVIA CA_ 9ioi6 j 626-359-6250 i EFS Dyv[3. yIA SDRr'LLA VACTIDN PLAN PREPAIED YNDER DIR CTION PF I 7-y GREG EMBREE DATE LS 6771 APPROVED BY: CITY OF DIAMOND BAR AVID LIU DATE CITY ENGINEER PLAN REVIE}gED BY: DATE 2008•-43 2008-37 EXHIBIT "C" PAGE 3 OF 3 Ld'tiSS(, CITY OF DIAMOMD BAR �� F 9LVIA SORELLA RIGHT-OF-WAY VACATIOid PLAT R= k50.00' No. 6771 - - D= 2"32'.47- . 7- i72-GL= 2D.DD' s EXPO �Q NB6 -a3' iB' E BRAD) oN. m _mro OF GAS �Fa� �� 'i >l pp O 18'E MAD) ra — 4j -y LDT 3 �gO fie. �p�\a cSo J�fy v GrpS P}_qD_fl. \4Dj P LOT 2 s�" LI7TC3R4ER N r LOT 1 O p p` _• lg4ol r`fls 3� '�• Y • . j s m ap 0 � as"6Q96' "'�p- y LIDm w SB9-46'5D_E[RAD) — — 00 (Rgpl pmm _ 2ti •D. =c 1 p6 �a O _v1� C9 gp� apo �P /9 -N- ��.. ,y4 tip' G A ro E' O SCALE 1" = 60' � � 4 v 4 QQ��9 PARCEL A =3, 9B1 SO FT. o the 2 ��Q D.09 ACRES nQi 5g .� gga PARCEL B = 4,T75 59 _ FT _ D_il ACRES Z �Z NDTE_THE RIGHT DF INGRESS TO AND EGRESS FROM PARCEL -A- OVER AND ACROSS PARCEL -B- IS TD BE RESERVED BY SEPARATE DOCUMENT BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE OF PARCEL MAP NO. 7937 M.B" 90 P. 7-B . RECORDS OF LDS ANGELES COUNTY, BEING S40`14.39 -W CES -Nr. INC- PLAN PREPA O tMDER 2i3i REDELL AYE_ OIR CTIDN F MDNRDVIA CA- 910i6 dam) 7_�I 626-359-6250 GREG EMBREE DATE FS Dwr, LS 677 i Tc cn❑r=1 r A VACTIDN _ APPROVED BY- CITY OF DIAMOND BAR DAYID LIU DATE CITY ENGINEER PLAN REVIEKED BY: 6V u0"'•tJ 200B-37 I �m mA� mm xc� ut _fvTn __v veru �azoy ow m�$