1 RESOLUTION NO. 22-29,377
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 CATEG ORICALLY
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 this portion of the Easement and no facilities would be affected by the vacation.
D. This project is exempt 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 si gnificant effect o n the environment, the activity is not subject to CEQA. T he proposed action involves the vacation of a utility easement where the easement 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.
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. 22-29,377
2 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 15th day of November, 2022.
City of Burbank
_s/Jess A. Talamantes________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_s/Xiomara Gamez___________ By: _s/Iain MacMillan_________ Xiomara Gamez Iain MacMillan
Administrative Analyst II Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Xiomara Gamez, Administrative Analyst II 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 15th day of November, 2022, by the following vote:
AYES: Frutos, Schultz, Springer, Anthony and Talamantes.
NOES: None.
ABSENT: None.
_s/Xiomara Gamez___________
Xiomara Gamez
Administrative Analyst II
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'oo"E 116.07'
LOT 5 OF TRACT NO. 10346
M.B. 148, PGS. 79-80
APN 2456-003-020
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N41·23'oo"E 116.07'
APN 2456-003-021
LOT 6 OF TRACT NO. 10346
M.B. 148, PGS. 79-80 7.50'
5.00'
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N41°23'12"E 101.07' ·Ss,
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SCALE: 1 "= 30'
LE6END
SAN JOSE AVENUE
CENTERLINE
PROPERTY LINE
EASEMENT LINE
EXHIBIT B
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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
CITY OF BURBANK
MAP NO. V-424
VACATION OF A 2.5-FOOT PORTION OF A 7.5-FOOT
PUBLIC SERVICE EASEMENT LOCATED AT THE
SOUTHWESTRLY 2.5-FEET OF THE NORTHEASTERLY 7.5-FEET
OF LOT 6 AND A PORTION OF LOT 5 OF TRACT NO. 10346.
ADDRESS: 502 BEL AIRE DRIVE
(APPLICANT: JOHNY SONSON)
2.5-foot-wide public utility easement