HomeMy WebLinkAboutResolution No. 15-7546-Vacation of EasementRESOLUTION NO. 15 -7546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUMMARILY VACATING AN EASEMENT FOR PUBLIC ROAD AND HIGHWAY
PURPOSES OVERLYING THE PROPERTY AT 10909 LAKEWOOD
BOULEVARD
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easement Vacation
Law, commencing with Streets and Highways Code section 8330, provides for summary
vacation of streets and public service easements; and,
WHEREAS, in 1962, the City was granted an easement for public road and highway
purposes over the westerly twenty (20) feet of the property located at 10909 Lakewood
Boulevard, with such easement being more particularly described in Exhibit "A" and shown on
Exhibit "B" attached hereto and incorporated herein by reference; and,
WHEREAS, the City desires to summarily vacate the Easement; and,
WHEREAS, the City's Planning Commission has determined that the proposed
Easement vacation is consistent with the City's General Plan; and,
WHEREAS, the Easement is not required for street or highway purposes, the Easement
has been impassible for vehicular travel for a period of at least five consecutive years, no public
money has been expended for the maintenance of the Easement during that period, and there
are no public utility facilities in place that would be affected by the vacation of the Easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. This vacation is made under the authority of California Streets and
Highways Code section 8330 et seq., and is based on all of the following findings:
(a) The Easement is not required for street or highway purposes.
(b) The Easement has been impassible for vehicular traffic for a period of at least five
consecutive years.
(c) No public money has been expended for the maintenance of the Easement during
that period.
(d) There are no public utility facilities in place that would be affected by the vacation of
the Easement.
SECTION 2. The City Council finds that the City Planning Commission has reported that
the vacation of the public road and highway easement more particularly described in Exhibit "A"
and shown on Exhibit "B" hereto is in conformity with the City's adopted General Plan, and the
City Council confirms that said vacation conforms to the City's adopted General Plan.
SECTION 3. The City Council herby orders that the public road and highway easement
more particularly described in Exhibit "A" and shown on Exhibit "B" hereto shall be and is hereby
summarily vacated, pursuant to the provisions of Chapter 4 (Summary Vacation) of Public
Streets, Highways, and Service Easements Vacation Law.
RESOLUTION NO. 15 -7546
PAGE 2
SECTION 4. The City Council finds that the summary vacation of the Easement is not
subject to review under the California Environmental Quality Act because it can be seen with
certainty that there is no possibility that the vacation may have a significant effect on the
environment.
SECTION 5. This Resolution shall take effect from and after its adoption by the City
Council. From and after the date this Resolution is recorded, the Easement shall no longer
constitute a street, highway, or public service easement.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall
cause a certified copy to be recorded in the office of the Registrar- Recorder of the County of Los
Angeles.
APPROVED AND ADOPTED this 10th day of February, 2015.
aA� Grp --
LUIS H. MARQ o
ATTEST:
ADRIA M. JIMENEZ, MC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of February, 2015, by the following
vote, to wit:
AYES: Council Members: Ashton, Brossmer, Vasquez, Saab, Mayor Marquez
NOES: Council Members: None.
ABSENT: Council Members: None.
ABSTAIN: Council Members: None.
ADRIA M. JIMENEZ, C C
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE VACATION OF FUTURE EASEMENT PER
INSTRUMENT NO, 5295 RECORDED IN OFFICIAL RECORDS OF LOS
ANGELES COUNTY ON JUNE 29p 1962.
That certain future street easement in the city of Downey, County of
Los Angeles State of California more specifically described as follows:
The westerly 20 feet of lot 8 of block 1 of tract no. 8326, recorded in
book No. 115, page 98 of maps, records of Los Angeles County.
>H.
c `-' No, 19857
Prepared by Carlos H. Alvarado, RCE 19857 EXP,
EXHIBIT "B"
VACATION OF FUTURE STREET EASEMENT
OWNER: ENGINEER:
ARTHUR M. CARPENTER CARLOS H. ALVARADO, P.E.
AND ROSE V. CARPENTER RSCC ENGINEERING, INC.
5TH STREET
------------------ 50"
i
7 o
N58'40'40`W 126.50'
Po
LQ
J N58'40'40 "W 126.50' +
WESTERLY 20' OF Le�]T 8
OF BLOCK 1 OF TRACT NO, 8326 J
AS RECORDED IN DJOK 115,
PG. 66 AND 67
_ ------- ___- _-- ___._r J i
50"
ST ON EW OOD STREET
LEGEND
FUTURE AND PRIVATE STREET EASEMENT
AS RECORDED IN INSTRUMENT NO. 5285,
RECORD OF LOS ANGELES COUNTY DATED
JUNE 29, 1962
SEE EXHIBIT "A" FOR
SCALE 1 "= 40'
LEGAL DESCRIPTION