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HomeMy WebLinkAboutRES 94-04RESOLUTION NO. 94- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUMMARILY VACATING AND ABANDONING THAT CERTAIN PUBLIC SERVICE EASEMENT MORE SPECIFICALLY DESCRIBED HEREIN. A. RECITALS (i) WHEREAS, California Streets and Highways Code § 8333 provides, in pertinent part, as follows: "The legislative body of a local agency may summarily vacate a public service easement in any of the following cases: "(c) The easement has been superseded by relocation and there are no other public facilities located within the easement." (ii) WHEREAS, heretofore, that portion of a public service easement, more particularly described in Exhibit "A" hereto and by this reference incorporated herein, was dedicated to the City of Diamond Bar by Parcel Map No. 2151, recorded in Book 34, Page 84, Parcel Maps, Records of Los Angeles County for sanitary sewer purposes and recorded November 11, 1971. (iii) WHEREAS, the portion of said drainage easement described in Exhibit "A" has been superseded by relocation and there are no other public facilities located herein. (iv) WHEREAS, the City's Planning Commission heretofore adopted its Resolution No. P.C. 92-93, which Resolution finds that the summary vacation and abandonment herein contemplated conforms to the City's General Plan pursuant to Ordinance No. 4 (1992). (v) WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Section 2: The vacation and abandonment of that portion of the public service easement described in Exhibit "A", is made under Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code. Section 3: The City Council hereby finds and determines that the vacation contemplated herein is categorically exempt from environmental review under the California Environmental Quality Act of 1970, as amended, pursuant to the provisions of § 15312 of Division 6 of Title 14 of the California Administrative Code. Section 4: The public service easement, as specifically described in Exhibit "A", hereby is summarily vacated and abandoned by the City of Diamond Bar. Section 5: From and after the date of recordation of this Resolution, the public service easement, as specifically described in Exhibit "A", shall no longer constitute a'public service easement. Section 6: The City Clerk shall: a. Certify to the adoption of this Resolution; b. Forthwith cause a certified copy of this Resolution to be recorded in the office of the Los Angeles County Recorder in accordance with the provisions of California Streets and Highways Code § 8336; and C. Forthwith and within fifteen (15) days of the adoption of this Resolution give written notice of the vacation and abandonment provided for herein to any local agency requesting notice pursuant to the applicable law. The City Clerk shall certify resolution by the City Council of shall cause the same to be posted in the City of Diamond Bar, and i PASSED, APPROVED AND ADOPTED 1994. t to the passage of this the City of Diamond Bar, and in three (3) conspicuous places shall thereupon take effect. this 1st day of Feb , YOR 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 1st day of February , 1994, by the following Roll Call vote: AYES: COUNCILMEMBERS - Miller, Papen, Ansari MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAINED: COUNCILMEMBERS - None CYNrA BURGESS r di Clark City of Diamond-&ir EXHIBIT "A" (VACATION) AN EASEMENT FOR SANITARY SEWER PURPOSES PER DOCUMENT NUMBERS 3364 AND 3365, RECORDED NOVEMBER 11, 1971, SHOWN AS THE WESTERLY 8.00 FEET OF LOT 1 OF PARCEL MAP NO. 2151 AS FILED IN BOOK 34, PAGE 84 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. SAID EASTERLY LINE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE NORTHERLY AND SOUTHERLY LOT LINES OF SAID LOT 1. EXHIBIT 'R' SEWER EASEMENT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCE NUMBERS ARCO PRODUCTS COMPANY 8714-15-20 & 8714-15-24 LOT 1 o - oo�T gt.VD T 104.GG DIAMOND BAR L •0.04 R -tow n Y J 1 PARCEI MAP N-0. 15375 PEP 165, PAGE 57 OF LvT LLA # 01-000 F �rii�E? OCT. 2. 19,9 AS INSTRUME-N-1 BASIS OF BEARINGS 1HE BEARING N 57 WSr E BEMIG THE CENTERLINE OF BREA CANYON ROAD PER PARCEL MAP NO. 2151 RECCRDM IN BOOK 34, PAGE 04 IN THE COUNTY OFLOS ANGELES STATE CALF'ORN A, WAS USED AS THE BASIS OF R?'ol S%Q' L. m a ' LOT 1 OF PA ' HA PE BOOKv34, PAVE 854 OF PA^^`S Ltt I OF LLA # AS lhlSTR �11 EXffM0 SEWER EASEMENT TO BE VACATED S60$'37E70.00 037 �0 %2QHO Z 0 25 50 100 PON T GRAPHIC SCALE - 1"=50'-0" SHT. 1 OF 1 SHT.