HomeMy WebLinkAboutResolution No. 20-7931 - Vacating Public Srvc Utility Easements for Sanitary Sewer Main Facilities at S. Firestone West City Limits1:4 **s] I01 I M 0 10 1G)W*&i!M
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation
Law, commencing with Streets and Highways Code Section 8330, provides for summary
vacation of streets and public service utility easements; and
WHEREAS, the City of Downey maintains certain easements for sanitary sewer
purposes acquired and accepted by the City of Downey by Documents recorded October 27,
1960 as Instrument No. 3967, and October 6, 1977 as Instrument No. 77-11106009 of Official
Records of Los Angeles County, State of California; and
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council
to summarily vacate public service utility easements which are no longer necessary for City
sewer masterplan facility purposes; and
WHEREAS, the sanitary sewer easements are located on private property at South
Firestone Boulevard west city limits and were intended to serve as a public sewer for the
surrounding properties. However, the sewer facility is no longer necessary for City to use and
maintain. The existing sewer will continue to serve as a private owner sewer lateral and the
owner will have the privilege to use, or abandon and replace the existing system for all future
development; and.
WHEREAS, the City Council intends to summarily vacate the public service utility
easements as more particularly described in Exhibit "A" and depicted on the plat map attached
as Exhibit "B", to this Resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOI
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. This vacation is made under the authority of California Streets and
Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq. by
finding that:
The public service utility easements for sanitary sewer main facility as described in
Exhibit "A" and depicted in the plat map attached hereto as Exhibit "B", are no longer
necessary for City purposes pursuant to the City sewer masterplan facility. However,
the sewer facility will continue to serve as private owner sewer lateral and owner will
have the privilege to use, or abandon and replace the existing system for all future
development.
2. No public facilities are located within the said public service utility easements,
3. The public convenience and necessity do not require reservation of any portion of
the public service utility easements.
4. That this summary vacation of public service utility easements is exempt from review
under the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration to land use limitations.
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SECTION 2. Based on the findings made in Section 1 of this Resolution and the
provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby
order that the public service utility easements as described in Exhibit "A" and depicted in the plal
map in Exhibit "B", are hereby summarily vacated for City purposes.
SECTION 3. The public service utility easements for public sewer mainline described in
Exhibit "A" and depicted in the plat map in Exhibit "B", will no longer constitute public service
utility easements for City purposes from the date of recordation of this Resolution as directed ir
Section 4, but shall continue to serve private owner facilities.
SECTION 4. That City Clerk is hereby directed to record a certified copy of this
Resolution and its exhibits with Los Angeles County Registrar Recorder's Office and to certify to
the adoption and recordation of this Resolution.
APPROVED AND ADOPTED this 1 oth day of Mar
N 15A CAHE HEC�O, Mayor
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fAA A ALICIA DUARYff—,Cmc
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 1 oth day of March, 2020, by the following
vote, to wit:
AYES:
Council Members:
Rodriguez, Saab, Frometa, Mayor Pacheco
NOES:
Council Member:
None.
ABSENT:
Council Member:
Ashton
ABSTAIN-
Council Member:
None.
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LEGAL DESCRIPTION
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INSTRUMENT NO. 3967:
That portion of Lot 3 of Andrews and Mussachia Land in the Rancho Santa Gertrudes as per
map recorded in Book 12, Pages 138 and 139 of Maps, records of Los Angeles County, within a
strip of land 10 feet in width lying 5 feet on each side of the following described center line:
Beginning at the intersection of the northeasterly line of Tract No. 15475 as per map recorded in
Book 356, Page 10 to 12 of said Maps, with the center line of Mitla Avenue as shown on said
map; thence along the northeasterly prolongation of said center line North 30004'49" East 25.03
feet; thence along a line that is parallel with and 25 feet northeasterly, measured at right angles,
from the northeasterly line of said Tract No. 15475, South 57002'02" East 360.00 feet.
The side lines of said strip are understood to terminate in the northeasterly line of said Tract
No. 15475, and in a line drawn at right angles in the center line of said strip at the southeasterly
terminus thereof.
AI N 6231-004-013
INSTRUMENT NO. 77-1110609:
That portion of Lot 3 of Andrews and Mussachia Land in the Rancho Santa Gertrudes as per
map recorded in Book 12, Pages 138 and 139 of Maps, records of Los Angeles County, within a
strip of land 10 feet in width lying 5 feet on each side of the following described center line:
Beginning at the intersection of the northeasterly line of Tract No. 15475 as per map recorded
on Book 356, Page 10 to 12 of said Maps, with the center line of Mitla Avenue as shown on said
map; thence along the northeasterly prolongation of said center line North 30004'49" East 25.03
feet; thence along a line that is parallel with and 25 feet northeasterly, measured at right angles,
from the northeasterly line of said Tract No. 15475, South 57002'02" East 360.00 feet, to the
true point of beginning: thence South 57002'02" East 294.00 feet.
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EASENENT TO BE COMETED TO
ANDREWS RANCHO DEL SUR, A CORPORATION
AIN 6231-004-013
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