Downey Municipal Code Ch. 4 Public Easements

For the purposes of this chapter, "easement" shall mean all rights-of-way and easements acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, pathways, storm drains, drainage, and light and air and shall include all easements, except for street and highway purposes, dedicated or purportedly dedicated for public use by a plat or map filed or recorded in the office of the County Recorder.

(Added by Ord. 295, adopted 1-25-66)

Upon the petition of any interested person, or upon its own motion, the Council may order the vacation of any easement vested in the City if such easement is not needed for the purpose for which it was dedicated for any other public use for which the land may be available.

(Added by Ord. 295, adopted 1-25-66; amended by Ord. 385, adopted 9-22-70)

Upon such petition or upon the motion of the Council to vacate an easement, a request for a report shall be submitted to the Director of Public Works. The Director of Public Works shall report to the Council whether the easement shall be retained by the City, whether it meets one of the conditions set forth in Section 7401 of this chapter, and such other information as may be pertinent to the issue involved.

(Added by Ord. 295, adopted 1-25-66)

The Council, after receiving the report of the Director of Public Works, may set the matter for public hearing and, if it sets the matter for public hearing, shall give such notice of the hearing as it may deem advisable.

(Added by Ord. 295, adopted 1-25-66)

Any time after receiving the report of the Director of Public Works, the Council, by resolution, may order the vacation of any easement which order shall state the period during which the easement, or part of easement, has not been used and that the easement, or part vacated, is unnecessary for present or prospective public use.

(Added by Ord. 295, adopted 1-25-66)

The City Clerk shall cause a certified copy of the order to be recorded in the office of the County Recorder.

(Added by Ord. 295, adopted 1-25-66)

After the recordation of the order of vacation in the office of the County Recorder, a quitclaim deed may be delivered to the one presenting evidence, satisfactory to the Council, of the ownership of the fee underlying such easement.

(Added by Ord. 295, adopted 1-25-66)