RESOLUTION NO. _____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ORDERING THE SUMMARY VACATION OF
A PUBLIC RIGHT OF WAY AT WARNER BLVD ,
BURBANK, CALIFORNIA (V-423) AND FINDING THE
PROJECT CATEG ORICALLY EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Pursuant to Streets and Highways Code Sections 8331 and 8334, the Council of the City of Burbank may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. In addition, summary vacation is permitted where no public money has been used for the right-of-way and the right-of-way has not been used for vehicular travel.
B. Being a portion of Lots 3 and 4 in Block 64 of Rancho Providencia and Scott Tract, in the City of Burbank, this portion of landscaped parcel was part of a larger parcel that was for street purposes, with a portion being used for Warner Street, which is no longer needed because SR-134 bisects the road and there is no useful purpose in extending it further than the cul-de-sac. In addition, no public money has been used for this right-of-way, nor has this right-of-way been used for vehicular travel. As such, this vacation involves disposition of the remainder of a larger parcel was acquired used in part for street purposes, After the termination of the Warner Street, the public right-of-way continues east beyond the cul-de-sac and terminated into SR-134.
C. The City of Burbank has not expended public money on t his remaining portion of landscaped parcel and has not, and does not intend to , use this portion of landscaped parcel for public street purposes. No utilities are located within the right-of-way and t here is no need for an y futur e use of the right-of-way.
D. Notice has been mailed to property owners within 1,000 feet of th is vacation in accordance with Burbank Municipal Code section 7-3-104.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Council exercises its independent judgment and finds that the proposed action is categorically exempt under California Environmental Quality Act (CEQA) Guidelines, section 15305, because this action involves the vacation of a city right-of-way, which is a minor alteration of existing land use limitations.
Therefore, no additional environmental review is necessary.
ATTACHMENT 1-1
2. The Council finds from all of the evidence submitted that the Right- of-Way as described in the attached Exhibit A, shown on the attached Exhibit B-1 (Legal Depiction) and Exhibit B-2 (Vacation Map V-423), and the entire record of proceedings, that this vacation involves an excess right-of-way of a street or highway not required for street or highway purposes, that the portion to be vacationed has been impassable for vehicular travel for a period of five consecutive years, and that no public money was expended for maintenance of this portion during such a period.
3. The landscaped parcel subject to this vacation is located on private property with existing zoning and General Plan land use designations that will not change as a result of this vacation.
4. The Council orders that from and after the date this resolution is recorded, the easement is vacated and no longer constitutes a street, highway, or public service easement.
5. The City Clerk shall certify to the passage of this Resolution and cause a certified copy to be recorded in the Office of the County Recorder of Los Angeles County, California.
PASSED and ADOPTED this ____ day of May, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
ATTACHMENT 1-2
STATE OF CALIFORNIA )
CITY OF BURBANK ) ss.
COUNTY OF LOS ANGELES )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resol ution was duly and regularly passe d and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Zizette Mullins, MMC, City Clerk
ATTACHMENT 1-3
Sheet 1 of 1
1 EXHIBIT A
2 LEGAL DESCRIPTION
3 4 Being a portion of Lots 3 and 4 in Block 64 of Rancho Providencia and Scott Tract, in the 5 City of Burbank, County of Los Angeles, State of California, as per map recorded in 6 Book 43, Pages 47 thru 59, inclusive of Miscellaneous Maps, in the Office of the 7 Recorder of said County, described as follows:
8 9 Beginning at the southeast corner of said Lot 3 in Block 64, said corner lying on the 10 northerly line of Warner Boulevard, thence northeasterly along the northerly line of 11 Warner Boulevard, North 68°02'24" East 169.17 feet; thence leaving said line, 12 South 21°57'36" East 25.00 feet to the center line of Warner Boulevard; thence 13 southwesterly along said center line, South 68°02'24" West 167.24 feet to the northerly 14 line of Ventura Freeway; thence southwesterly along said northerly line, 15 South 78°37'09" West 12.32 feet; thence South 80°10'10" West 60.34 feet; thence 16 South 79°56'43" West 48.76 feet; thence North 68°02'24" East 58.44 feet to the 17 Point of Beginning.
18 19 This legal description is delineated on accompanying “Exhibit B” is made a part hereof 20 for reference purposes and is not intended to be used in the conveyance of land in 21 violation of the Subdivision Map Act of the State of California 22 23 Prepared under the direction of
24 25
26 27 ______________________________ ________
28 Vincent Lungari, PLS 9437 Date
29 30
ATTACHMENT 1-4
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INDICATES THE AREA COVERED BY
LEGAL DESCRIPTION
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AREA:
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MORE OR LESS
DATE: 8/10/2021
JOB No: 1CAT120100, TASK 107
PSOMAS
27220 Turnberry Lane, Suite 190
Valencia, CA 91355-1058
(661)219-6000 (661)775-2718 (FAX)
ATTACHMENT 1-5
ATTACHMENT 1-6