CITY OF POMONA
COUNCIL REPORT
August 5, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: APPROVAL OF SUMMARY VACATION VU1-2024 OF A PORTION 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 (COUNCIL DISTRICT 1) RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2024-111 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU1-2024 OF A PORTION 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 8358-021-005 AND -004 AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT; and
Authorize the City Manager to execute the quitclaim deed on behalf of the City.
EXECUTIVE SUMMARY:
The Pomona Public Works Department - Engineering Division (City) is initiating the summary vacation of the City’s unused storm drain easement within the boundaries 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. Adoption of Resolution No. 2024-111 (Attachment No. 1) will approve: (i) the summary vacation of the portion of the existing public storm drain easement that is unused and unnecessary and (ii) the Quitclaim Deed (EXHIBITS 1 to the Resolution) for the vacated easement.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer, 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
No fiscal impact at this time.
DISCUSSION:
The property located at 1002 Corinthian Way, APN 8358-021-005, is a 0.19-acre residential lot on the east side of Corinthian Way, adjacent and to the north of Kiwanis Park. It is legally described as Lot 13 of Tract Map No. 17735 recorded on March 19, 1952, and is encumbered by the following two easements granted to the City of Pomona (Attachment No. 2):
10-foot wide storm drain easement along the southerly property line; and 5-foot wide public utilities easement along the easterly property line.
The lot is currently developed as a single-family residence, consisting of a 1,574 square-foot dwelling, an attached garage, and landscaped front and backyards. (Attachment Nos. 3 & 4). In October 2023, a permit application was submitted to the Pomona Building and Safety Division for the conversion of the garage into an Accessory Dwelling Unit (ADU). Upon the review of the site layout and the surrounding area, it was determined that:
The garage structure and the block wall separating the property from the public park were encroaching in the abovementioned 10-foot wide storm drain easement by approximately 3 feet.
The remaining storm drain easement area (approximately 7 feet wide) is currently used as an open storm drain channel and has been deemed adequate to serve the intended purpose.
The neighboring residential property located at 1003 Gothic Way, APN 8358-021-004, legally described as Lot 12 of Tract Map No. 17735, is also encumbered by the same easements described above. This lot also has an existing block wall that aligns with the wall separating the 1002 Corinthian Way parcel from the public park, and is subsequently encroaching in the 10-foot storm drain easement by approximately 3 feet.
Therefore, the City is initiating the summary vacation of the City’s unused portion of the storm drain easement (northerly 3 feet) within the boundary of the residential lots located at 1002 Corinthian Way and 1003 Gothic Way, APN 8358-021-005 and -004, respectively. The proposed easement vacation is in compliance with Section 8333(c) of the Streets and Highways Code, which provides authority for the 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.” The portion of the storm drain easement proposed for vacation is legally described in EXHIBIT “A” and depicted in EXHIBIT “B” attached to the Resolution.
Approval and adoption of the Resolution, and approval of the associated storm drain easement Quitclaim Deeds, will facilitate the completion of the ADU project at 1002 Corinthian Way in accordance with the approved project plans, and allow the issuance of the Certificate of Occupancy.
Prepared by:
Carmen Barsu
Associate Civil Engineer
ATTACHMENT(S):
Attachment No. 1 - Proposed Resolution No. 2024-111 for VU1-2024, with Quitclaim Deed as EXHIBIT 1, Legal Description as EXHIBIT “A” and Map as EXHIBIT “B”.
Attachment No. 2 – Tract Map No. 17735
Attachment No. 3 - Vicinity Map
Attachment No. 4 - Aerial Map
Summary Vacation of Easement within the Properties Located at 1002 Corinthian Way and 1003 Gothic Way August 5, 2024
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