RESOLUTION NO. 2024-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU1-2024 OF THE CITY’S UNUSED STORM DRAIN EASEMENT LOCATED WITHIN THE BOUNDARY OF THE RESIDENTIAL LOTS LOCATED AT 1002 CORINTHIAN WAY AND 1003 GOTHIC WAY, POMONA, CA, ASSESSOR PARCEL NUMBERS 8358-021-005 AND -004; APPROVAL OF THE QUITCLAIM DEED FOR THE VACATED EASEMENT WHEREAS, the City of Pomona Public Works Department - Engineering Division is initiating the summary vacation of the City’s unused storm drain easement within the boundary of the residential lots located at 1002 Corinthian Way and 1003 Gothic Way, Pomona, CA, Assessor Parcel Numbers (APNs) 8358-021-005 and -004, respectively; 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the Streets and Highways Code provides authority for the City of Pomona to summarily vacate an “easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;” and WHEREAS, to ensure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 City is approving the Quitclaim Deed associated with the vacated easement, as shown in the attached EXHIBIT 1; and WHEREAS, there are no other utilities within the portion of 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 portion of the storm drain 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 a portion of the storm drain easement will allow the owner of the 1002 Corinthian Way real property 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 portion of the storm drain easement within the boundary of the residential lots located at 1002 Corinthian Way and 1003 Gothic Way, Pomona, CA, APNs 8358-021-005 and -004, shall be summarily vacated because (i) the City has determined that the easement is excess and no longer required, and (ii) 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 portion of the storm drain 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 storm drain 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 storm drain 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 portion of the storm drain easement vacated by VU1-2024 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 VU1-2024 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 portion of the herein described storm drain easement shall no longer constitute a public easement.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF AUGUST 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 5th day of August 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. 2024-111
August 5, 2024
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