RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURBANK ORDERING THE SUMMARY VACATION OF A POLE LINE EASEMENT AT 812 SOUTH FLOWER STREET, BURBANK (V-411) AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE COUNCIL OF THE CITY OF BURBANK FINDS: A. Pursuant to Section 8333 of the Streets and Highways Code, the Council of the City of Burbank may summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. B. The pole line easement (hereinafter the Easement ) located on the property at 812 South Flower Street, Burbank, California, acquired in 1953, has not been used for the purpose for which it was dedicated. As of 1995, the easement was no longer used for its intended purpose as poles and overhead lines were relocated. C. No other public utility facilities are in use on the Easement and no facilities would be affected by the vacation. D. This project is exempt from the California Environmental Quality Act ( CEQA ) pursuant to Section 15061(b)(3) where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed action involves the vacation of a utilities easement where the easement has not been used for the purpose for which it was dedicated and will not cause or facilitate any physical changes that may result in environmental impacts. THE COUNCIL OF THE CITY OF BURBANK RESOLVES: 1. The City Council of the City of Burbank finds from all of the evidence submitted that the Easement as described in Attachment 1 and shown on Attachment 2, marked Map V-411, attached hereto, and by this reference made a part hereof, has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and that it is not needed for present or prospective uses. 2. The vacation is consistent with the General Plan. Page 1 EXHIBIT A-1
3. The Council orders that from and after the date this resolution is recorded, the Easement is vacated and no longer constitutes a public service easement. 4. The City Clerk of this City is hereby authorized and directed to certify to the passage of this Resolution. The City Clerk is further authorized to cause a certified copy of this Resolution, attested by the City Clerk and under the seal of this City, to be recorded in the Office of the County Recorder of Los Angeles County, California. PASSED AND ADOPTED this day of, 2015. Attest: Bob Frutos Mayor of the City of Burbank Zizette Mullins, CMC, City Clerk Approved as to Form Office of the City Attorney By: Joseph H. McDougall, Sr. Asst. City Attorney STATE OF CALIFORNIA ) CITY OF BURBANK ) ss. COUNTY OF LOS ANGELES ) Page 2 EXHIBIT A-2
I, Zizette Mullins, CMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the day of, 2015, by the following vote: AYES: NOES: ABSENT: Zizette Mullins, CMC, City Clerk Page 3 EXHIBIT A-3
ATTACHMENT 1 EXHIBIT A-4
EXHIBIT A-5
ATTACHMENT 2 CITY OF BURBANK MAP NO. V-411 PROPOSED VACATION OF A POLE LINE EASEMENT AT THE SOUTHEASTERLY LINE OF APN 2453-042-009 BEING A PORTION OF THE SOUTHEASTERLY 1/2 OF BLOCK 92, A SUBDIVISION OF THE RANCHO PROVIDENCIA AND SCOTT TRACT, RECORDED IN BOOK 43, PAGES 47 TO 59 INCLUSIVE OF MISCELLANEOUS RECORDS ADDRESS: 812 SOUTH FLOWER STREET (APPLICANT: WEST COAST INDUSTRIES) PROPOSED AREA TO BE VACATED EXHIBIT A-6