HomeMy WebLinkAboutRES 2016-35RESOLUTION NO. 2016-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING AND ORDERING THE SUMMARY VACATION OF A
PORTION OF A 50' WIDE EASEMENT FOR A FUTURE STREET AND A PORTION
OF A 20'-50' WIDE EASEMENT FOR SLOPE PURPOSES WITHIN LOT 130, TRACT
NO. 30578, LOCATED WESTERLY OF TIMBERTOP LANE AND SOUTHERLY OF
LAZY MEADOWS DRIVE IN THE CITY OF DIAMOND BAR, CA
The City Council of the City of Diamond Bar, California, hereby finds,
determines, declares, and resolves as follows:
WHEREAS, a 50' wide easement for a future street and a 20'-50' wide
easement for slope purposes exists within Lot 130 of Tract No. 30578, as recorded in
the records of the County of Los Angeles in Map Book 785, Pages 1-25, inclusive; and
WHEREAS, it is appropriate to consider the vacation of the portion of the
easement for slope purposes and the easement for a future street, the locations of
which are shown on Exhibit A attached hereto, because the easements have not been
used for their intended purpose since the date they were dedicated and for a period of
at least five consecutive years and no future use thereof is anticipated; and
WHEREAS, the provisions of Chapter 4, commencing with Section 8333 section
(a) of the California Streets and Highways Code, authorize the City Council to
summarily vacate an easement when the easement has not been used for the purpose
for which it was dedicated or acquired for the five consecutive years immediately
preceding the proposed vacation; under such circumstances, only one summary
vacation action is necessary and published notice, posting, and public hearing are not
required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. The above recitals are true and correct, and are incorporated
herein by reference.
SECTION 2. This easement summary vacation action is exempt from the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines
§ 15061(b)(3); this resolution of vacation is covered by the general rule that CEQA
applies only to projects that have the potential for causing a significant effect on the
environment; this resolution of vacation will not result in any changes to existing
environmental conditions; therefore, there is no possibility that the adoption of this
resolution will have a significant effect on the environment, and this easement summary
vacation action is exempt from CEQA pursuant to CEQA Guidelines Section
15061(b)(3)_
2016-35
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SECTION 3. City Council hereby orders the vacation of a portion of the
easements for future street and slope purposes, within Lot 130 of Tract No. 30578, as
depicted on Exhibit "A" and Exhibit "B", respectively, attached hereto and incorporated
herein, pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the
California Streets and Highways Code (commencing with Section 8330).
SECTION 4. This future street and slope purposes easements summary
vacation does not change the land use designation and is, therefore, hereby found and
determined to be in conformity with the City of Diamond Bar General Plan Land Use
Element, Goal 1, Objective 1.5, Strategy 1.5.4(b) which states, "Existing residential lots
that are burdened by non -open space map restrictions shall be required to be subject to
a process established by the City Council prior to removal of any such restrictions."
(Streets and Highways Code Section 8313(a))
SECTION 5. There are no in-place public utility facilities that are in use or that
would be affected by the vacation of the future street and slope purposes easements.
(Streets and Highways Code Section 8334.5)
SECTION 6. The City Clerk shall cause a certified copy of this resolution,
attested to by the City Clerk under seal, to be recorded in the Office of the Clerk -
Recorder of the County of Los Angeles, California, in accordance with the provisions set
forth in Section 8336 of the Streets and Highways Code.
SECTION 7. From and after the date this resolution is recorded, the future street
and slope purposes easements identified herein shall no longer constitute future street
and slope purposes easements, the vacation shall be complete, and the future street
and slope purposes easements are extinguished.
PASSED, APPROVED, AND ADOPTED this 20TH day of September
2016.
Nancy . Lyons, NWor
A7:, /t
a 1
Tommy4 Cribbins, City Clerk
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1186493.1 2016_35
I, Tommye Cribbins, 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 20th day of September, 2016, by
the following vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Lin
ABSTAINED: COUNCIL MEMBERS: None
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1186493.1
Tom ye Cribbins, City Clerk
2016-35