HomeMy WebLinkAboutResolution No. 23-8202 - Summarily Vacating Future St Easement - 6445 Dos Rios RdRESOLUTION NO. 23-8202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUMMARILY VACATING FUTURE STREET EASEMENT ON PRIVATE
PROPERTY AT 6445 DOS RIOS ROAD
WHEREAS, California Streets and Highways Code Section 8334(a) authorizes the City of
Downey to summarily vacate excess right-of-way of a street or highway not required for street
purposes; and
WHEREAS, through an easement, the City is the owner of certain right-of-way reserved
for public street purposes at 6445 Dos Rios Road, as more particularly described on Exhibit A
and depicted on Exhibit B ("Vacation Area"); and
WHEREAS, the public right-of-way by easement comprising the Vacation Areais no longer
required for public street purposes, as determined by the City's Public Works Agency; and
WHEREAS, the City now desires to summarily vacate the Vacation Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are adopted as findings in support of this
Resolution.
SECTION 2. The Vacation Area, as described in Exhibit A and shown in Exhibit B, is
hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code,
except for the reservation of easement described herein.
SECTION 3. The vacation of the Vacation Area is exempt from review under the California
Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because
it can be seen with certainty that there is no possibility that it will have a significant impact on the
environment. This vacation is also exempt from CEQA review under section'15305(c) (minor
alterations in land use limitations) of the State CEQA Guidelines.
SECTION 4. The City hereby reserves and excepts from vacation, pursuant to section
8340 of the California Streets and Highways Code, the easement and right at any time, or from
time to time, to construct, -maintain, operate, replace; remove, and renew sanitary sewers and
storm drains and appurtenant structures in, upon, over, and across a street or highway proposed
to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to
construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables,
wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas
pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution
of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes,
including access to protect these works from all hazards in, upon, and over the street or highway
proposed to be vacated.
SECTION 5. The City Clerk shall certify 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.
SECTION 6. The Vacation Area shall not be deemed vacated until this Resolution is
recorded. From and after the date this Resolution is recorded, the Vacation Area no longer
constitutes a street easement.
RESOLUTION NO. 23-8202
PAGE 2
SECTION 7. This Resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
APPROVED AND ADOPTED this 14th day of November, 202 .
UDIA M. FRO -M Yyor
ATTEST:
NOAMADCIA DUA TE,
City Clerk
APPROVED AS TO FORM:
LL M.
J N M. FUNK
City Attorney
1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Regular meeting held on the 14th day of November 2023, by the following
vote, to wit:
AYES: Council Members: Horn, Sosa, Trujillo, Frometa
NOES: Council Members: None.
ABSENT: Council Members: None.
ABSTAIN Council Members: None.
4r
MA A A IICIA DUART C
City Clerk