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RESOLUTION NO. _____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK ORDERING THE SUMMARY VACATION OF A
PUBLIC SERVICE EASEMENT AT 643 N . FAIRVIEW
STREET, BURBANK, CALIFORNIA (V-425) 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 seven- and one-half foot wide public service easement (hereinafter the "Easement") located on the property at 643 N. Fairview St, 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 proj ect 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 that the activity in question may have a significant effect o n the env ironment, the activi ty 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-425, 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.
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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 ________________, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Kimberley Clark, City Clerk Christopher Chwang, Senior Assistant City Attorney
STATE OF CALIFORNIA )
CITY OF BURBANK ) ss.
COUNTY OF LOS ANGELES )
I, Kimberley Clark, 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
_______________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Kimberley Clark, City Clerk
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EXHIBIT A
Legal Description
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EXHIBIT B
Plat Map
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MAP V-425