RESOLUTION NO. 2024-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU2-2023 OF THE CITY’S UNUSED STREET EASEMENT (PORTION OF HILLMAN AVENUE) WITHIN THE BOUNDARY OF THE RESIDENTIAL LOT LOCATED AT 1194 W. GRAND AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8343-013-053, RELATED TO THE FUTURE IMPROVEMENTS OF THE PROPERTY, AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT WHEREAS, on December 26, 1950, the City Council adopted Ordinance No. 1199 approving the Master Plan of Principal Streets and Highways of the City of Pomona; and WHEREAS, on October 9, 1961, the City Council adopted Ordinance No. 1765 amending the Master Plan of Principal Streets and Highways of the City of Pomona by establishing the official plan lines of Hillman Avenue, between Grand Avenue and Fernleaf Avenue and between Buena Vista Avenue and Hamilton Boulevard; and WHEREAS, on July 20, 1992, the City Council adopted Resolution No. 91-141 approving the amendment to Precise Alignment No. 9 PA 92-001 to allow the deletion of Hillman Avenue located north of Fernleaf Avenue, south of Grand Avenue, East of Buena Vista Avenue and west of Hamilton Boulevard from the Master Plan of Principal Streets and Highways of the City of Pomona; and WHEREAS, the City of Pomona Public Works Department - Engineering Division is initiating the summary vacation of the City’s unused street easement (portion of Hillman Avenue) within the boundary of the residential lot located at 1194 W. Grand Avenue, Assessor Parcel Number (APN) 8343-013-053, to allow for future improvements of this privately-owned property; and WHEREAS, Section 8333(c) of the Streets and Highways Code provides authority for the City of Pomona to summarily vacate an “easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;” and WHEREAS, to ensure clear title to the property, the owner has requested 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; and WHEREAS, the street easement proposed to be summarily vacated is no longer required by the City and has been determined to be excess; and WHEREAS, the proposed summary vacation of the street easement will allow the owner 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 the boundary of the residential lot, located at 1194 W. Grand Avenue, APN 8343-013-053, shall be summarily vacated because (i) Hillman Avenue alignment proposed to be constructed south of Grand Avenue, north of Fernleaf Avenue, east of Buena Vista Avenue, and west of Hamilton Boulevard has been removed from the Master Plan of Principal Streets and Highways of the City, (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 proposed summary street easement vacation is minor in nature, therefore, not subject to the provisions of the Government Code Section 65402. It 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 street easement vacation is categorically exempted from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (Existing Facilities) since it constitutes minor alterations of street 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 VU2-2023 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 VU2-2023 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 6TH DAY OF MAY 2024.
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 6th day of May 2024, 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. 2024-66
May 6, 2024
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