HomeMy WebLinkAboutRES 95-52_D-Lai,,ond !far
Whe;i -J'.,,cordc!d Mail to
Cit Clerk
Cit, of Diamond Bar
21660 E. Copiev Dr, Suite 100
Diamond Bar, CA 9176
RESOLUTION NO. 95 -_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA VACATING A SANITARY SEWER
EASEMENT ON LOT 21 AND LOT 40 OF TRACT NO. 47851
IN THE CITY OF DIAMOND BAR.
PART A RECITALS
(i) WHEREAS, the City has received the request of
interested person or persons to vacate a sanitary sewer easement
on Lot 21 and Lot 40 of Tract No. 47851 as generally shown on
Exhibit "A" as "Exist. Easement For Sanitary Sewer Purposes Per
Map No. 47851 To Be vacated", and more particularly described in
Exhibit "B', as "Sewer Easement Abandonment", attached hereto; and
(ii) WHEREAS, the easements shown on Exhibit "A" and
described in Exhibit "B" to be vacated have been superseded by
relocation and the construction of sanitary sewer improvements and
there are no other public facilities located within the easements
to be vacated; and
(iii) WHEREAS, § 65402 of the Government Code requires, in
part, that no real property shall be disposed of until the
location, purpose and extent of the disposition has been reported
on by the Planning Commission; and
(iv) WHEREAS, Planning Commission Resolution No. 95-11 which
was adopted pursuant to a duly noticed and conducted public
hearing, as cited therein, and which considered the proposed
vacation of said sanitary sewer easement and which found the
location, purpose and extent of such vacation to be in conformance
with the General Plan, shall be the Planning Commission's report
on this matter.
(v) WHEREAS, § 892 of the Streets and Highways Code
requires, in part, that no easement aquired for other purposes
shall be disposed of until the City Council determines that such
easement is not required for a non -motorized transportation
facility; and
(vi) WHEREAS, the Planning Commission of the City of Diamond
Bar has reviewed this proposed vacation and in its Resolution No.
95-11 recommends to the City Council that it find that the
easements proposed to be vacated are not required for a non -
motorized transportation facility; and
(vii) WHEREAS, all legal prerequisites to the vacation of
these easements and the adoption of this resolution have occurred.
95 1655A
(viii) WHEREAS, it is appropriate, therefor, to now consider
the vacation of a sanitary sewer easement on Lot 21 and Lot 40 of
Tract No. 47851, the location and extent of which are hereinabove
described, in accordance with the provisions of Chapter 4, Summary
Vacation; Part 3, Public Streets, Highways, and Service Easements
Vacation Law; Division 9, Change of Grade and Vacation of the
Streets and Highways Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA DOSS HEREBY RESOLVE AND ORDER AS
FOLLOWS:
PART B RESOLUTION
Section 1 All of the facts set forth in Part A - Recitals, of
this Resolution are true and correct.
section 2 The easements to be vacated are not required for a
non -motorized transportation facility.
Section 3 The vacation of a sanitary sewer easement on Lot 21
and Lot 40 of Tract 47851, the location and extent
of which is generally shown on Exhibit "A" as
"Exist. Easement For Sanitary Sewer Purposes Per
Map No. 47851 To Be Vacated", and more particularly
described in Exhibit "B" as "Sewer Easement
Abandonment" attached hereto and made a part
hereof, is made in accordance with the provisions
of 'Chapter 4, Summary Vacation; Part 3, Public
Streets, Highways, and Service Easements Vacation
Law;_Division`9, Change of Grade and Vacation of
the Streets and Highways Code of the State of
California
Section 4 From and after the date this resolution is recorded
in the Office of the County Recorder of the County
of Los Angeles, State of California the sanitary
sewer easement hereinabove described in Exhibit "B"
as "Sewer Easement Abandonment" is vacated and will
no longer constitute a sanitary sewer easement on
Lot 21 and/or Lot 40 of Tract No 47851.
Section 5 The City Clerk is hereby authorized and directed
to:
a) certify to the adoption of this resolution,
and
b) record this resolution in the Office of tri
County Recorder of the County of Los Angeles,
State of California.
2 95 1655081
PASSED, APPROVED AND ADOPTED THIS 5th DAY OF
_ September ,1995
—� — ------------------
Phyllis E. Papen, Mayor
City of Diamond Bar, California
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing resolution was passed,
approved and adopted at a regular meeting of the City Council of
the City of Diamond Bar held on the _5th__ day of
SPPtamhpr 1995, by the following roll call vote:
AYES: COUNCIL MEMBER(S):Harmony, MPT/Werner, M/Papen
NOES: COUNCIL MEMBER(S):Ansari
ABSENT: COUNCIL MEMBER(S):None
ABSTAINED: COUNCIL MEMBER(S): None
r— -- -----------------
Lynda , rgess, City Cler
City of Diamond Bar, California
3
9� 1655U81
EXHIBIT $$A7
SEWER EASEMENT EXH I B IT.�.._�A_: �`" J
_
- 1N THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
OWNER EXISTING PARCELS PROPOSED PARCELS
AP NUMBERS REFERENCE NUMBERS
DIAMOND BAR EAST LOTS 21, 40 AND 41
PARTNERS
do
e-
. -
EXIST. EASEMENT FOR SANITARY
SEWER PURPOSES PER MAP NO.
47851 TO BE VACATED 960
1 �
pp E
J
CL
I�
p
�7K l
N 18'42'12*W "= ,
r 40
60. 33
.
9
41�
. 0-. B.
4' 43' 00" w
9. 76'
NEW SEWER EASEMEN
PER DESCRIPTION
2 �)
N A Fl 467/@1')9
IM"A.• 9�W. 1477 '1Q
N EXIST. PRIVATE AND FUTURE
EASEMENT FOR. STORM DRAIN
9 PURPOSES PER MAP 47851
N 20'43'340E
.8.11'
{� Exp, 9-33-95
� NO. 5669
951655081 -CA.
EXIST. EASEMENT FOR THE
PURPOSES OF ACCESS, SANITARY
SEWER & PRIVATE STORM DRAIN
PER MAP NO, 47851
1
JOHN W. HIU , JR. L.S. 5889
EXP. 9/30/93
CI-IFC:T 4 m7 4 czwmC're
EXHIBIT "B"
SEWER EASEMENT ABANDONMENT
THOSE PORTIONS OF LOTS 21 AND 40 OF TRACT 47851, IN THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
FILED IN BOOK 1207, PAGES 47 THROUGH 56, INCLUSIVE, OF MAPS, RECORDED
AUGUST 30, 1994, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SHOWN ON SAID MAP AS 15.00 FOOT WIDE EASEMENTS FOR SANITARY SEWER
PURPOSES.
JO TN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
A
�O�pND SGS
.c
O
_U
J L.S. 5669
Exp. 9/30/95
�OF CALW-��
95 1655081
RECORDING REQUEST BY
' ro
95 1655081
t
r
ECORDED/FILED iN OFFi" CIAL RECORDS
RE^^nen uiiTn RECORDER'S OFFICE
LOS ANGELES COUNTY
NAME CALIFORNIA
MAILING -_ 8:04 AM OCT 13 1995
ADDRESS
CM, NATE
21660 E. COKEY DRIVE, Spm 100, DIAMOND BAR, CA 91763
CE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
R428 6/94