RESOLUTION NO. 2022-056
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF WATERLINE EASEMENT LOCATED ON
1790 POMONA ROAD.
WHEREAS, the City of Corona (“City”) acquired that certain waterline easement on real property located at 1790 Pomona Road, Corona, California (APN 102-280-034) (“Property”) from Frank H. Ayres and Son, a California corporation on December 21, 1983, which were recorded as Document No. 263826 in the Official Records of the County of Riverside (“Waterline Easement”); and
WHEREAS, the Waterline Easement is more particularly described and depicted in Exhibits “A” and “B” attached hereto and incorporated by reference; and WHEREAS, the Waterline Easement were acquired primarily for the purpose of installing and maintaining a public waterline for fire protection purposes; and WHEREAS, the current record owner of the Property, Storage Direct at Corona, LLC, a California limited liability company and McKibban Storage I, LLC, a California limited liability company (“Property Owner”), intends to install a Double Check Detector Assembly (“DCDA”) on the Property in order to physically separate the waterline located on the Property from the public system, thereby making the waterline a private facility; and WHEREAS, that portion of the Waterline Easement more particularly described in Exhibit “C” and depicted in Exhibit “D” attached hereto and incorporated by reference (“Excess Waterline Easement Area”), which is the area within which the private waterline will be located, is no longer necessary and is considered an excess easement; and WHEREAS, the Property Owner has requested that the Excess Waterline Easement Area be vacated and/or quitclaimed as necessary; and WHEREAS, these summary vacation proceedings are being conducted pursuant to the requirements of Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, which authorizes the City Council to summarily vacate excess public service easements; and
WHEREAS, pursuant to Section 8313 of the California Streets and Highways Code, on May 23, 2022, the City’s Planning and Housing Commission adopted Resolution No. 2589 and determined that the vacation of the Excess Waterline Easement Area is consistent with the City of Corona General Plan because the request relieves the City from maintaining an unnecessary easement, and works cooperatively with the property owner to install a privately -2-
owned and maintained system to ensure adequate on-site fire protection and suppression, consistent with Goal PS-8.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above Recitals are true and correct and are incorporated herein by reference.
SECTION 2. Findings. The City Council finds that with the installation of the DCDA on the Property: (i) the Excess Waterline Easement Area is an excess public service easement and is not needed for the City’s existing or future public utility requirements because the waterline located within the Excess Waterline Easement Area will be converted from a public waterline to a private waterline; and (ii) there are no public utility facilities in use or that would be affected by the vacation of the Excess Waterline Easement Area.
SECTION 3. Vacation of the Excess Waterline Easement Area. The City Council hereby summarily vacates the Excess Waterline Easement Area in accordance with Section 8333(c) of the California Streets and Highways Code.
SECTION 4. Effective Date. This Resolution shall be effective immediately upon adoption.
SECTION 5. Recordation. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Riverside County Recorder’s Office in accordance with the provisions of Streets and Highways Code Section 8325 upon receipt of notification from the Director of Utilities that the DCDA has been property installed on the Property. Pursuant to Section 8351 of the California Streets and Highways Code, from and after the date this Resolution is recorded, the Excess Waterline Easement Area shall no longer constitute public service easements and title to the Property shall thereafter be free from said public service easements.
PASSED, APPROVED AND ADOPTED this 1st day of June 2022.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
-3-
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 1 st day of June, 2022 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 1
st day of June 2022.
City Clerk of the City of Corona, California
[SEAL]
-4-
EXHIBIT “A”
LEGAL DESCRIPTION OF WATERLINE EASEMENT
[SEE ATTACHED FOUR (4) PAGES]
-5-
-6-
-7-
-8-
-9-
EXHIBIT “B”
DEPICTION OF WATERLINE EASEMENT
[SEE ATTACHED ONE (1) PAGE]
-10-
-11-
EXHIBIT “C”
LEGAL DESCRIPTION OF EXCESS WATERLINE EASEMENT AREA
[SEE ATTACHED THREE (3) PAGES]
-12-
-13-
-14-
-15-
EXHIBIT “D”
DEPICTION OF EXCESS WATERLINE EASEMENT AREA
[SEE ATTACHED ONE (1) PAGE]
-16-