1 TO: City Council
FROM: Carla Dillon, P.E. Director of Public Works
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: February 7, 2023
SUBJECT: Resolution Accepting a Grant of Easement for Public Street and Highway Purposes (2002 242nd Street)
RECOMMENDATION
1) Adopt the attached Resolution accepting a Grant of Easement from Mr. Steve Zhu and Ms. Chunxia Liao, the owners of the property located at 2002 242nd Street in the City of Lomita for sidewalk and related purposes; and 2) Authorize the City Manager to sign the Certificate of Acceptance.
BACKGROUND
In 1981, a notarized “Agreement to Dedicate and Improve Highway Frontage” to dedicate two feet six inches along Eshelman Avenue and modify the curb return to provide a 25- foot radius was received. The dedication was required to allow a wider sidewalk as a condition for building the new dwelling. On March 17, 1982, the then property owner gave the City a monetary deposit to ensure fulfillment of the dedication obligation, and the City finalized the building permit on March 18, 1982. After receiving a building permit the prior owner did not complete the dedication process.
Staff discovered the unfilled obligation while researching the property’s entitlement history for a residential property report. Mr. Zhu and Ms. Liao, the new property owners, have offered to provide (and have in fact signed) a grant of easement for right-of-way (ROW) purposes that will grant the City the ability to use this portion of the property for sidewalk/ROW purposes .
ANALYSIS
The existing sidewalk width is approximately three feet wide, and an existing utility pole and fire hydrant create pinch points. The easement will increase the sidewalk’s width, but the curb will remain in the present location.
Item No.7g
CITY OF LOMITA
CITY COUNCIL REPORT
2 The Los Angeles County Recorder requires that the City accept all easements by resolution to signify its full consent to the recording of the document.
ALTERNATIVES
1. Amend staff’s recommendation.
2. Deny staff’s recommendation.
3. Provide alternative direction to staff.
FISCAL IMPACT
No Fiscal Impact.
ATTACHMENT
1 - Resolution
2 - Certificate of Acceptance
3 - Easement Deed
4. Historic Records
Reviewed by: Approved by:
__ _____
Carla Dillon, P.E. Ryan Smoot
Public Works Director City Manager
Prepared by:
Laura MacMorran
Associate Planner
RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA
CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SIDEWALK
EASEMENT DEED AT 2002 242nd STREET FROM MR. STEVE ZHU
AND MS. CHUNXIA LIAO TO THE CITY AND FINDING SUCH
ACQUISITION EXEMPT FROM CEQA
The City Council of the City of Lomita does hereby find, order and resolve as follows:
Section 1. Recitals
A. The property at 2002 242nd Street was developed in 1982 and the requirement to provide two-and-a-half feet for the sidewalk was not satisfied.
B. The existing right-of-way’s sidewalk depth does not meet the City’s standards nor the Americans with Disabilities Act requirements.
C. The owners of 2002 242nd Street, Mr. Steve Zhu and Ms. Chunxia Liao, have offered to dedicate a two-and-a-half-foot sidewalk easement and have executed an grant of easement deed to accomplish this dedication, attached hereto as Exhibit A.
D. The City Council finds, and the applicant agrees with and accepts, the elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this area in particular.
Section 2. Findings. The City Council finds, after due study and deliberation, that the easement deed is in the public interest and in conformance with the general plan.
Section 3. The City Council of the City of Lomita hereby approves the acceptance and recording of the easement deed at 2002 242nd Street, attached hereto as Attachment
3. Section 3. Environmental Review. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) the City Council has analyzed the acquisition of the sidewalk easements. The City Council has found that the acquisitions of the sidewalk easements are exempt from the provisions of CEQA pursuant to State CEQA Guidelines section 15061(b)(3) as there is no possibility the act of acquiring this property itself may have a significant effect on the environment.
Section 4. This resolution will become effective immediately upon adoption.
Attachment No. 1
Resolution No. 2023-05
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lomita accepts the sidewalk easement deeds and delegates to the City Manager authority to execute the easement deeds and take all necessary actions to complete the acceptance of the easements. The decision of the City Council is final and conclusive as to all things involved.
PASSED, APPROVED AND ADOPTED, this 7th day of February 2023.
Barry Waite, Mayor
ATTEST:
Kathleen Horn Gregory, MMC, City Clerk
CERTIFICATE OF ACCEPTANCE
Per Government Code Section 27281, this is to certify that the interest in real property conveyed by the Grant of Easement Deed dated January 12th, 2023, from Mr. Steve Zhu and Ms. Chunxia Liao to the City of Lomita, a political corporation, is hereby accepted by order and resolution of the City Council of the City of Lomita adopted at its regular meeting held on February 7th, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.
Ryan Smoot
City Manager
DATED:
Attachment No. 2
Attachment No. 3
Attachment No. 4