RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU1-2021 OF THE CITY’S UNUSED SEWER EASEMENT LOCATED WITHIN THE PROPERTY ASSOCIATED WITH ASSESSOR PARCEL NUMBER 8311-021-003 AND RELATED TO THE RESIDENTIAL DEVELOPMENT AT 900 E. HARRISON AVENUE, POMONA, CA, AND APPROVAL OF QUITCLAIM DEED FOR THE VACATED EASEMENT WHEREAS, Eric Andreasen with Andreasen Engineering, Inc., applicant on behalf of Congressional Homes, Inc., landowner, has submitted a request to the Public Works Department for the summary vacation VU1-2021 of the City’s unused sewer easement located within the property associated with Assessor Parcel Number (APN) 8311-021-003 and related to the proposed residential development at 900 E. Harrison Avenue; and WHEREAS, Section 8333(c) of the California 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and Highways Code provides authority for the City of Pomona (City) to summarily vacate an “easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement”; and WHEREAS, the sewer easement proposed to be summarily vacated is no longer required by the City and has been determined excess; 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; and WHEREAS, to ensure clear title to the property, the owner has requested the City’s approval of the Quitclaim Deed associated with the vacated sewer easement, as shown in the attached EXHIBIT 1; and WHEREAS, the proposed summary vacation of the sewer easement will allow the developer to complete the project implementation in accordance with the approved plans.
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 sewer easement within the property associated with APN 8311-021-003 and related to the residential development at 900 E. Harrison Avenue shall be summarily vacated because (i) the sewer line located within the easement has been removed, (ii) the City has determined that the easement is excess and no longer required, (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 sewer 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 sewer 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 this sewer easement 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 sewer 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 sewer easement vacated by VU1-2021 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 Vacation VU1-2021 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 sewer easement shall no longer constitute a public easement.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MAY 2023.
CITY OF POMONA:
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Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
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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 1st day of May 2023, by the following vote of the Council:
AYES: NOES: ABSENT: ABSTAIN:
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Rosalia A. Butler, MMC City Clerk
ATTACHMENT NO. 1
Resolution No. 2023-65
May 1, 2023
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