RESOLUTION NO. _____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ORDERING THE SUMMARY VACATION OF A
PUBLIC SERVICE EASEMENT AT 502 BEL AIRE DRIVE,
BURBANK, CALIFORNIA (V-424) AND FINDING THE
PROJECT CATEGORICALLY EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Pursuant to Section 8333 of the Streets and Highways Code, the Council of the City of Burbank may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
B. The two- and one-half foot wide two-foot-wide public service easement (hereinafter the "Easement") located on the property at 502 Bel Aire Drive, Burbank, California, has not been used for the purpose for which it was dedicated.
C. No other public utility facilities are in use on th is portion of the Easement and no facilities would be affected by the vacation.
D. This project is e xempt from th e Calif ornia Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) where it can be seen with certainty that there is no possibility tha t the activity in question may have a significant effect o n the env ironment, the activity is not subject to CEQA. T he proposed action involves the vacation of a utility easement where the e asement has not been used for the purpose for which it was dedicated and will not cause or facilitate any physical changes that may result in environmental impacts.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Council of the City of Burbank finds from all of the evidence submitted that the Easement as described in Exhibit A and shown on Exhibit B, marked Map V-424, attached hereto, and by this reference made a part hereof, has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and that it is not needed for present or prospective uses.
2. The portion of the public service easement 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.
ATTACHMENT 1-1
3. The Council orders that from and after the date this resolution is recorded, the easement is vacated and no longer constitutes a public service easement.
4. 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 ________________, 2022. __________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Iain MacMillan, Senior Assistant City Attorney
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 Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of _______________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Zizette Mullins, MMC, City Clerk
ATTACHMENT 1-2
LEGAL DESCRIPTION
FOR VACATION OF PORTION OF
AN EXISTING EASEMENT
DATE: OCTOBER 4, 2022
ADDRESS: 502 BEL AIRE DRIVE,
LOS ANGELES, CA 91501
APN 2456-003-021
THIS LEGAL DESCRIPTION DESCRIBES A PARCEL OF LAND LOCATED IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 5 AND 6 OF TRACT NO. 10346, RECORDED IN MAP BOOK 148, PAGES 79 AND 80 OF SAID COUNTY RECORDS WHICH IS MORE PARTICULARLY IS DESCRIBED AS FOLLOWS:
THE SOUTHWESTERLY 2.50 FEET OF THE NORTHEASTERLY 7.50 FEET OF LOTS 5 AND 6 OF SAID TRACT.
SAID NORTHEASTERLY 7.50 FEET OF SAID LOTS 5 AND 6, PREVIOUSLY HAD BEEN GRANTED AS A 7.50 FEET UTILITY EASEMENT PER TRACT NO. 10346, RECORDED IN BOOK 148, PAGES 79 AND 80 OF OFFICIAL RECORDS OF SAID COUNTY.
CONTAINING 765 SQ. FT. MORE OR LESS.
THIS LEGAL DESCRIPTION DEPICTED ON THE ACCOMPANYING EXHIBIT B, AND MADE A PART
HEREOF FOR REFERENCE PURPOSES, WAS PREPARED AS CONVENIENCE, AND IS NOT INTENDED FOR THE
USE IN THE DIVISION AND /OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
END OF LEGAL DESCRIPTION
THIS LEGAL DESCRIPTION WAS PREPARED BY:
HJ BURKE, INC
7848 W. SAHARA AVENUE, LAS VEGAS, NV 89117
LAS VEGAS, NV 89130 T. 310-633-1213
HOOSHMAND JAHANPOUR-BURKE, LS 8230 DATE
EXHIBIT A
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502 BEL AIRE DRIVE
APN 2456-003-021
LOT 6 AND A PORTION OF LOT 5
TRACT NO 10346,
M.B. 148, PGS. 79-80
N41"23'00"E 116.07'
LOT 5 OF TRACT NO. 10346
M.B. 148, PGS. 79-80
APN 2456-003-020
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APN 2456-003-021
LOT 6 OF TRACT NO. 10346
M.B. 148, PGS. 79-80
N41"23'12"E 101.07'
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CENTERLINE
PROPERTY LINE
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HOOSHMAND JAHANPOUR-BURKE, LS 8230 DATE
H.J. BURKE, INC.
7848 W. SAHARA AVE, LAS VEGAS, NV 89117
T. 310 633-1213 EMAIL:[email protected]
SHEET:
DATE:
1 OF 1
10 04 2022
ATTACHMENT 1-4