RESOLUTION NO. 2022-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU2-2022 OF THE CITY’S UNUSED STREET EASEMENT LOCATED WITHIN PARCEL 1 OF PARCEL MAP NO. 72657, PM 379/18-23, ASSESSOR PARCEL NUMBER 8344-024-040, RELATED TO THE HILTON GARDEN INN PROJECT AT 2027 RANCHO VALLEY DRIVE, AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT WHEREAS, Greg Cooke, with DRC Engineering, Inc., the applicant on behalf of GHG Rio Rancho, LLC, owner of the property located at 2027 Rancho Valley Drive, has submitted a request to the Public Works Department for the summary vacation VU2-2022 of the City’s unused street easement located within Parcel 1 of Parcel Map No. 72657, PM 379/18-23, Assessor Parcel Number 8344-024-040, related to the Hilton Garden Inn project at the aforementioned address; and WHEREAS, Section 8333(c) of the Streets and Highways Code provides authority for the City of Pomona (City) to summarily vacate an “easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;” and WHEREAS, the driveway approach for which the easement was created, has been relocated within the Parcel 1 of Parcel Map No. 72657 Rancho Valley Drive frontage and reconstructed within the public right-of-way; and WHEREAS, to ensure clear title to the property, the owner has requested the City approval of the Quitclaim Deed associated with the vacated easement, as shown in the attached EXHIBIT 1; and WHEREAS, there are no other utilities within the easement proposed for summary vacation, as described in the attached EXHIBIT “A” and shown on EXHIBIT “B”, for alignment or rights of existence; WHEREAS, the street easement proposed to be summarily vacated is no longer required by the City and has been determined excess; and WHEREAS, the proposed summary vacation of the street easement will allow the developer to complete the project implementation and obtain the Certificate of Occupancy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. Pursuant to California Streets and Highways Code Section 8333(c), the City Council hereby determines that the described street easement within Parcel 1 of Parcel Map No. 72657, PM 379/18-23, Assessor Parcel Number 8344-024-040, shall be summarily vacated because (i) the driveway approach for which the easement was created has been relocated within the Parcel 1 of Parcel Map No. 72657 Rancho Valley Drive frontage and reconstructed within the public right-of-way, (ii) the City has determined that the easement is excess and no longer required, and (iii) there are no other utilities utilizing the described easement.
SECTION 2. Pursuant to California Streets and Highways Code Section 8333(c), the City Council hereby summarily vacates the street easement described in EXHIBIT “A” and shown on EXHIBIT “B”, attached hereto and by reference made a part hereof.
SECTION 3. The City Council finds that the summary vacation of this street easement is minor in nature, therefore not subject to the provisions of the Government Code Section 65402 and further determines without a report from the Planning Commission that the summary vacation of these easements is consistent with the General Plan.
SECTION 4. The City Council finds that the proposed summary vacation is categorically exempted from the California Environmental Quality Act CEQA pursuant to Section 15301 Class 1 (Existing Facilities) since they constitute minor alterations of streets easements and similar facilities and will not involve the removal of scenic resources, including a stand of trees, rock outcropping, or a historic building.
SECTION 5. The Quitclaim Deed for the street easement vacated by VU2-2022 is hereby approved in substantially the form submitted and attached hereto as EXHIBIT 1.
SECTION 6. The City Manager is authorized to execute the Quitclaim Deed on behalf of the City.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this resolution and it shall become effective immediately upon its approval.
SECTION 8. The City Clerk is ordered to record in the Office of the Los Angeles County Recorder a certified copy of the Resolution of Summary Vacations VU2- 2022 attested by the Clerk under the seal of the City and to give notice of the recordation required by law. From and after the date the Resolution is recorded the herein described street easement shall no longer constitute public easements.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2022.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF POMONA I, HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on the 18th day of July 2022, by the following vote of the Council:
AYES: NOES: ABSENT: ABSTAIN:
Rosalia A. Butler, MMC City Clerk