HomeMy WebLinkAboutResolution No. 06-C1200
RESOLUTION NO. 06-C120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ORDERING THE SUMMARY VACATION OF
A PORTION OF THAT CERTAIN SEWER EASEMENT DESCRIBED
IN INSTRUMENT NO. 85-1108081 ON SEPTEMBER 24, 1985
AND MAKING FINDINGS OF FACT
WHEREAS, the City of Azusa has approved the Rosedale project, a subdivision
of the Monrovia Nursery property within the City of Azusa; and
WHEREAS, the City Council has required the Developer to make sewer
improvements to serve the project; and
WHEREAS, the plans for the sewers in the vicinity of the Dhammakaya
Meditation Center have been approved; and
WHEREAS, the subdivision of the property has made it necessary to realign the
sewer service for the Dhammakaya and ALP has prepared the plans for the substitute
sewer; and
WHEREAS, the Subdivider, Azusa Land Partners, has requested the vacation of
those portions of the existing sewer easement to facilitate the development of
residential units on the Transit one parcel; and
WHEREAS, the vacation of the public easement is undertaken pursuant to the
provisions of the California Streets and Highways Code, Commencing with Section
8300 et sec, which authorizes the City to summarily vacate right-of-way that has been
replaced by a newly aligned improvements; and
WHEREAS, the easement for sanitary sewers as described in Exhibit A attached
is the easement intended to be vacated by this resolution; and
WHEREAS, as required by section 8333 of the streets and highways code, the
City Council finds that the easements identified above is being replaced by °hew
improvements, which make the old right-of-way unnecessary,
NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The public easements described in Exhibit "A" are hereby vacated.
SECTION 2: The easement shall be vacated subject to the acceptance of the
improvements for sanitary sewers to serve the Dhammakaya Meditation Center.
When the sewer improvements serving the Dhammakaya Medication Center are
accepted by the City Council this vacation shall be complete.
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SECTION 3. The City Clerk is authorized to record a certified copy of this
resolution with the Los Angeles County Recorder's Office.
PASSED, APPROVED AND ADOPTED this 4th day of December 2006.
MAYOR
1 HEREBY CERTIFY that the foregoing resolution no. 06-C120, was duly adopted
by the City Council of the City of Azusa, at a regular meeting thereof, held on the 4`h
day of December, 2006, by the following vote of the Council:
AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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RBF Consulting
14725 Alton Parkway
Irvine, California 92618
October 30, 2006
EXHIBIT "A" JN 10-103800
Page 1 of 1
LEGAL, DESCRIPTION
QUITCLAIM OF A PORTION OF
SANITARY SEWER EASEMENT
DESCRIBED PER INSTRUMENT
NO. 85-1108081, O.R.
That certain parcel of land situated in the City of Azusa, County of Los Angeles, State of
California being that portion of that certain 10.00 foot wide easement for sanitary sewer purposes
described in the "Grant of Easement' to the City of Azusa recorded September 24, 1985 as
Instrument No. 85-1108081 of Official Records, in the Office of the County Recorder of said
Los Angeles County, lying northerly of the north line of the 100.00 foot wide Los Angeles
County Metropolitan Transit Authority (formerly Atchison, Topeka and Santa Fe) right-of-way
as said right-of-way is shown on the map of Tract No. 062150 filed in Book 1311, Pages 28
through 50 of Maps, in the Office of the County Recorder of said Los Angeles County.
EXHIBIT "B" attached and by this reference made a part hereof.
Gregory A. Helmer, L.S. 5134
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