CITY OF POMONA
COUNCIL REPORT
May 1, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: APPROVAL OF 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 (COUNCIL DISTRICT 6) RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
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; and Authorize the City Manager to execute the quitclaim deed on behalf of the City of Pomona.
EXECUTIVE SUMMARY:
Adoption of Resolution No. 2023-65 (Attachment No. 1) will approve: (i) the summary vacation of the existing sewer easement that is unused and unnecessary for the proposed residential development located at 900 E. Harrison Avenue, and (ii) the Quitclaim Deed (EXHIBIT 1 attached to the Resolution) requested by the landowner for the vacated easement.
FISCAL IMPACT:
No fiscal impact at this time.
PREVIOUS RELATED ACTION:
On August 11, 2021, the Planning Commission adopted Resolution No. 21-020 (Attachment No. 2) approving Modification to Conditional Use Permit MCUP 15717-2021 for Mount San Antonio Gardens life care senior community to demolish two existing structures with 103 independent living units, and replace them with a new building with 53 independent living units on an approximately 16.7-acre site located at 900 E. Harrison Avenue, Assessor Parcel Number (APN) 8311-021-003.
DISCUSSION:
Eric Andreasen with Andreasen Engineering, Inc., applicant on behalf of Congressional Homes, Inc., owner of the property located at 900 E. Harrison Avenue (Attachment Nos. 3 and 4), has submitted a request to the Public Works Department for the summary vacation of the unused sewer easement located within the boundary of APN 8311-021-003. The sewer easement was granted to the City of Pomona (City) and recorded on June 16, 1960, in Book D8881, Page 301 O. R., in the Los Angeles County Recorder Office (Attachment No. 5).
Congressional Homes, Inc., landowner, has obtained all necessary City permits to (i) demolish two existing structures totaling 81,538 square feet and including 103 independent living units and (ii) to replace them with a new three-story, 65,698 square foot building with 53 independent living units. Additional improvements include a new subterranean parking garage under the new building, an activity plaza, landscaping, patios, and a pavilion shade structure. Since the proposed building interferes with a portion of the sewer easement dedicated in 1960, the sewer main line had to be re-routed, and the associated easement had to be relocated. To ensure clear title to the property and allow the project implementation as approved by the Planning Commission, the landowner is requesting (i) the summary vacation of the City sewer easement as being no longer needed and (ii) the approval of the Quitclaim Deed associated with the vacated easement. A new sewer easement has already been dedicated and accepted by the City and is in the process of being recorded.
The sewer easement proposed for vacation is legally described in EXHIBIT “A” and depicted in EXHIBIT “B” attached to the Resolution.
The approval and adoption of the Resolution, and the approval of the sewer easement Quitclaim Deed, will facilitate the completion of the project in accordance with the approved project plans.
Prepared by:
Carmen Barsu
Associate Civil Engineer
ATTACHMENTS:
Attachment No. 1 - Proposed Resolution No. 2023-65 with VU1-2021 Quitclaim Deed as EXHIBIT 1, Legal Description as EXHIBIT “A” and Map as EXHIBIT “B” Attachment No. 2 – Development Plan Review Resolution No. 21-001 Attachment No. 3 - Vicinity Map
Attachment No. 4 – Aerial Map
Attachment No. 5 – Tract Map No. 14844
Resolution Ordering the Summary Vacation VU1-2021 of the City’s Unused Sewer Easement within the Property Located at 900 E. Harrison Avenue (Council District 6) May 1, 2023
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