Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
DATE: NOVEMBER 14, 2023
SUBJECT: ADOPTION OF RESOLUTION SUMMARILY VACATING FUTURE STREET EASEMENT ON THE PROPERTY LOCATED AT 6445 DOS RIOS ROAD
EXECUTIVE SUMMARY
The City Council will consider adopting a Resolution for a summary vacation of a future street easement on private property at 6554 Dos Rios Road. The property owner submitted a letter to the City requesting the vacation of this future street easement in order to allow the property owner to construct a swimming pool on their property.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8202, A Resolution for the City Council of the City of Downey Summarily Vacating Future Street Easement on Private Property at 6554 Dos Rios Road.
BACKGROUND
On August 1, 2023, the property owner submitted a letter to the City of Downey Public Works Department requesting that the City consider vacating a future street easement reserved at 6554 Dos Rios Road. The easement in question was created as a provision in the dedication clause on Tract Map No. 21840 back when the Tract Map was approved by the City of Downey in 1959. The easement for a future street was reserved as there were plans to extend Bluff Road across the vacant land on a new bridge and Bluff Road was going to be extended in the vacant county open space property to accommodate for a future development. The future street easement prohibits any permanent structure from being built on the easement. The property owner wishes to build a swimming pool in this area to provide the family with an outlet for recreation and relaxation. Since the establishment of the Tract Map in 1959, the City has not made any improvements to the street easement.
SUMMARY VACATION OF FUTURE STREET EASEMENT
ON THE PROPERTY LOCATED AT 6554 DOS RIOS ROAD
NOVEMBER 14, 2023
PAGE 2
ANALYSIS
The City has reviewed the request to vacate this future street easement and determined that the City no longer plans to expand Bluff Road, westerly. The portion of Bell Gardens meant to connect both cities has been built out through a housing tract. Furthermore, the vacant land adjacent to the properties is zoned for Open Space. The City’s current General Plan and Housing Element Update do not propose future development in this area. Staff recommends the adoption of the attached resolution.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
Attachment A: Resolution No. 23-8202: A Resolution for the City Council of the City of Downey Summarily Vacating Future Street Easement on Private Property at 6445 Dos Rios Road
Attachment B: Location Map
RESOLUTION NO. 23-8202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUMMARILY VACATING EXCESS RIGHT-OF-WAY 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.
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, 2023.
CLAUDIA M. FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
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 14th day of November 2023, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 23-8202
PAGE 2
EXHIBIT “A”
LEGAL DESCRIPTION
THE FUTURE STREET EASEMENT WITHIN LOT 14 OF TRACT NO. 21840, IN THE CITY OF
DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 640, PAGES 43 - 44 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
AIN: 6366-031-014
AS HOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the City of Downey is hereby accepted under the authority of Resolution No. 160 adopted by the City Council of said City on October 14, 1957, and the Grantee consents to the recordation thereof by its duly authorized officer.
BY: ______________________________________
Maria Alicia Duarte, CMC, City Clerk
City of Downey
DATED: __________________________________
ADDRESS: 9509 Downey Avenue