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Home My WebLink About2017-10-10 - AGENDA REPORTS - LOT 34 OF TRACT NO. 66561 (2)0 Agenda Item: 4 CITY OF SANTA CLARITA Q:° AGENDA REPORT CONSENT CALENDAR 7, CITY MANAGER APPROVAL: 1 j4 _ " DATE: October 10, 2017 SUBJECT: SUMMARY VACATION OF AN EASEMENT FOR INGRESS AND EGRESS WITHIN LOT 34 (PRIVATE PARK) OF TRACT NO. 66561 (PHANTOM TRAIL) DEPARTMENT: Public Works PRESENTER: Mike Hennawy RECOMMENDED ACTION City Council: Adopt a Resolution for the Summary Vacation of an Easement dedicated to the City of Santa Clarita for ingress and egress purposes, as described in Exhibit "A" Legal Description, and as shown on Exhibit `B" Plat. 2. Direct City Clerk to record the certified original Resolution in the County of Los Angeles Registrar -Recorder's office. BACKGROUND The 15 -foot wide ingress and egress easement to be vacated was originally dedicated to the City of Santa Clarita on the map of Tract No. 66561, recorded on August 26, 2015, to provide access to open space. However, the location of that easement is not compatible with the as -built grading. Access to the open space has been provided for by a 15 -foot wide easement dedicated by separate instrument and recorded with the County of Los Angeles Registrar -Recorder's office. The existing easement to be vacated and the easement dedicated by separate instrument are shown on the Exhibit Map, attached to the resolution. Additionally, there are no other public facilities located within the easement. Per Section 8333 of the Streets and Highways Code, the legislative body of a local agency may summarily vacate a public service easement in any of the following cases: 1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. Page 1 PacketPg. 26 2. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. 3. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. This easement has been superceded by relocation, and there are no other public facilities located within the easement. Therefore, City Council may summarily vacate this easement. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None. ATTACHMENTS 10-10-17 Resolution for Vacating Easement Lot 34 Area Map Page 2 Packet Pg. 27 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING AN EASEMENT DEDICATED TO THE CITY OF SANTA CLARITA FOR INGRESS AND EGRESS PURPOSES WITHIN LOT 34 OF TRACT NO. 66561, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 1385, PAGES 63 THROUGH 67, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the easements being summarily vacated fully meet the requirements of Section 8333 of the Streets and Highways Code, which states the legislative body of a local agency may summarily vacate a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, under Chapter 4, Summary Vacation of Part 3 of Division 9 of the Streets and Highways Code, no public hearing is required and no public hearing was held. NOW, THEREFORE, pursuant to the provisions of Section 8333 of Part 3 of Division 9 of the Streets and Highways Code, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. That it is hereby found and determined the ingress and egress easement, as described in Exhibit "A" Legal Description, and as shown on Exhibit "B" Plat, attached hereto and incorporated herein by this reference, which real property located in the City of Santa Clarita, County of Los Angeles, State of California, is no longer needed for present of prospective use based on the fact that the ingress and egress easement obtained by separate instrument will be sufficient. SECTION 2. That the City Clerk of the City of Santa Clarita is instructed to record the certified original Resolution in the office of the Registrar -Recorder of the County of Los Angeles, at which time the easement summarily vacated will no longer be a public service easement. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. 4.a Packet Pg. 28 PASSED, APPROVED, AND ADOPTED this 10th day of October, 2017. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 10th day of October, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 4.a Packet Pg. 29 4.a EXHIBIT "A" LEGAL DESCRIPTION VACATION OF EASEMENT FOR INGRESS AND EGRESS PURPOSES 0 (VAC16-00004) z THAT PORTION OF LOT 34 OF TRACT NO. 66561, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 1385, PAGES 63 THROUGH 67, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING SHOWN ON SAID MAP AS A "15 FEET WIDE "PRIVATE DRIVEWAY AND FIRELANE" AND EASEMENT TO THE CITY OF SANTA CLARITA FOR INGRESS AND EGRESS PURPOSES". ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. � ' �N ANS 4- 0 NO.8543 loc OF CALIF°� V:\2042498100\survey\legal\Quitclaim-access easement -Lot 34 PREPARED BY: STANTEC CONSULTING UNDER THE DIRECTION OF: MINH A. LE, P.L.S. 8543 MARCH 16, 2017 J.N. 2042 498100 1 OF 1 Packet Pg. 30 4.a EXHIBIT "B" SHEET EXHIBIT MAP VACATION OF EASEMENT FOR INGRESS AND EGRESS PURPOSES (VAC 16-00004) A PORTION OF LOT 34 OF TR. NO. 66561, M.B. 1385 / 63-67, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LOT 21 / 40 20 0 4 1 X61 z SCALE: 1 "=40' L0. �000 til 15 LOT 22 Q�7 DT 23G s0- 0- l �a� A=83'45'01 " R=13.00' L=19.00' Ire o% cli- •o0 v1p. 920 t J► 0 L -5ti 6\ 4 � v�` . L�v°s 0 Ix w cz NO. am 'Q'VoF 5� e-000000 4cti"O M. 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