Loading...
HomeMy WebLinkAbout2018-02-13 - AGENDA REPORTS - VACATE OF PUBLIC ROW ALONG SOLEDAD (2)O Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: 41 DATE: February 13, 2018 SUBJECT: SUMMARY VACATION OF A REMNANT OF THE PUBLIC RIGHT- OF-WAY ALONG SOLEDAD CANYON ROAD AND OF AN EASEMENT FOR SANITARY SEWER PURPOSES, SOUTH OF THE INTERSECTION OF SOLEDAD CANYON ROAD AND MAMMOTH LANE DEPARTMENT: Public Works PRESENTER: Mike Hennawy RECOMMENDED ACTION City Council: Adopt a resolution for the summary vacation of a remnant of the public right-of-way along Soledad Canyon Road and of an easement for sanitary sewer purposes, south of the intersection of Soledad Canyon Road and Mammoth Lane, as described in Exhibit "A" Legal Description and as shown on Exhibit "B" Exhibit Map. 2. Direct the City Clerk to record the certified original resolution in the County of Los Angeles Registrar -Recorder's office. BACKGROUND The portion of the public right-of-way to be vacated was originally created by Tract No. 45933, recorded on October 6, 1993. The easement for sanitary sewer purposes was created by Instrument No. 20091357004, recorded with the Los Angeles County Recorder's Office on September 3, 2009. Both easements are being vacated because they are not necessary and are not consistent with the proposed development of the site. The remnant of Soledad Canyon Road is 56 square feet, more or less, and located outside of the ultimate right-of-way. Per Section 8331 of the Streets and Highways Code, the legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: Page 1 Packet Pg. 25 1. For a period of five consecutive years, the street or highway has been impassable for vehicular travel; and 2. No public money was expended for maintenance on the street or highway during such period. Both of these conditions exist on this remnant of the public right-of-way. Therefore, City Council may summarily vacate this right-of-way. 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: 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. 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. The easement has been determined to be excess, 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 Resolution Aerial Map O Page 2 Packet Pg. 26 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING A REMNANT OF THE PUBLIC RIGHT-OF-WAY ALONG SOLEDAD CANYON ROAD AND SUMMARILY VACATING AN EASEMENT FOR SANITARY SEWER PURPOSES, SOUTH OF THE INTERSECTION OF SOLEDAD CANYON ROAD AND MAMMOTH LANE WHEREAS, the portion of right-of-way being summarily vacated fully meets the requirements of Section 8331 of the Streets and Highways Code, which states "The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period." The current owner requests that a portion of the public right-of- way to be vacated; and WHEREAS, the easement being summarily vacated fully meets 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 8331 and Section 8333 of Part 3 of Division 9 of the Streets and Highways Code, the City Council of the City of Santa Clarita does resolve as follows: SECTION 1. That it is hereby found and determined that the remnant of the public right- of-way along Soledad Canyon Road and of an easement for sanitary sewer purposes, south of intersection of Soledad Canyon Road and Mammoth Lane, as described on Exhibit "A," Legal Description, and as shown on Exhibit "B," Exhibit Map, 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, fully meet the requirements of Section 8331 of the Streets and Highways Code as stated above and Section 8333 of the Streets and Highways Code, as the easement is no longer needed for present or prospective use, based on the fact that they have not been in use for more than five years since they were first dedicated and were intended exclusively for their respective purposes and no other purpose, and such public easements are therefore vacated. SECTION 2. That within the street to be vacated, there are no public utility facilities that would be affected by the vacation; therefore, there are no easements hereby reserved or excepted from the vacations. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. 4.a Packet Pg. 27 4.a PASSED, APPROVED, AND ADOPTED this 13th day of February, 2018. MAYOR ATTEST CITY CLERK 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 13th day of February, 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 Packet Pg. 28 Q I 4.a I PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION ROAD VACATION OF PORTION OF SOLEDAD CANYON ROAD IN LOT 155, TRACT NO. 45933 AND VACATION OF SANITARY SEWER AND APPURTENANT STRUCTURES EASEMENT IN LOT 155, TRACT NO. 45933 (SOLEDAD CANYON ROAD VACATION) THAT PORTION OF SOLEDAD CANYON ROAD, VARIABLE WIDTH, IN THE CTTY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 45933, FILED IN BOOK 1200, PAGES 70 THROUGH 89, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN CURVE, ALONG THE NORTHERLY BOUNDARY OF LOT 155 OF SAID TRACT 45933, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SOLEDAD CANYON ROAD, VARIABLE AND 100.00 FEET WIDE, AS SHOWN ON SAID TRACT NO. 45933, SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1450.00 FEET, A CENTRAL ANGLE OF 380 08'00", AN ARC LENGTH OF 965.05 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 27° 42' 47' EAST, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 27.00 FEET; THENCE, SOUTHEASTERLY AND SOUTHERLY ALONG LAST SAID 27.00 FOOT RADIUS CURVE AND RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 45° 39'36", AN ARC LENGTH OF 21.52 FEET, TO THE TRUE POINT OF BEGINNING, A RADIAL BEARING TO SAID POINT BEARS, NORTH 730 22'23" EAST; THENCE, CONTINUING SOUTHEASTERLY AND SOUTHERLY ALONG LAST SAID 27.00 FOOT RADIUS CURVE AND RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 15.41' 14", AN ARC LENGTH OF 7.39 FEET, TO A POINT ON THE VACATED RIGHT OF WAY OF SOLEDAD CANYON ROAD, AS PER RESOLUTION OF VACATION RECORDED APRIL 18,1996, AS INSTRUMENT NO. 96- 614287, OF OFFICIAL RECORDS, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 800.00 FEET, A RADIAL BEARING TO SAID POINT BEARS, NORTH 7'28'45" EAST; THENCE, CONTINUING EASTERLY ALONG LAST SAID 800.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 10 10'35-, AN ARC LENGTH OF 16.42 FEET TO THE INTERSECTION WITH THAT CERTAIN CURVE, HAVING A RADIUS OF 1442.00 FEET AND BEING CONCENTRIC WITH SAID RIGHT OF WAY CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 1450.00 FEET, A RADIAL BEARING TO SAID POINT BEARS, NORTH 290 16'10" EAST, FOR SAID CONCENTRIC CURVE; THENCE, LEAVING SAID VACATED RIGHT OF WAY, NORTHWESTERLY ALONG SAID CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 000 47'20-, AN ARC LENGTH OF 19.85 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 56 SQUARE FEET, MORE OR LESS. Packet Pg. 29 PAGE 2 OF 2 EXHIBIT "A" LEGAL DESCRIPTION (CONTINUED) (EASEMENT FOR SANITARY SEWER AND APPURTENANT STRUCTURES -VACATION): THAT PORTION OF LOT 155 OF TRACT NO. 45933, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 1200, PAGES 70 THROUGH 89, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE REGISTRAR- RECORDER/COUNTY CLERK OF SAID COUNTY, AND THAT PORTION OF THE NORTH HALF OF SECTION 18, TOWNSHIP 4 NORTH, RANGE 14 WEST, SAN BERNARDINO MERIDIAN, IN SAID UNINCORPORATED TERRITORY, DESCRIBED IN DEED TO SOLEDAD COMMONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED AS INSTRUMENT NO. 04-0682454, ON MARCH 23, 2004, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID REGISTRAR- RECORDER/COUNTY CLERK, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN 1450.00 -FOOT RADIUS CURVE, CONCAVE SOUTHERLY, IN THE NORTHERLY BOUNDARY OF SAID LOT 155, A RADIAL OF SAID CURVE TO SAID WESTERLY TERMINUS BEARS NORTH 10°25'12" WEST; THENCE, EASTERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°13'34", AN ARC LENGTH OF 258.80 FEET, TO THE TRUE POINT OF BEGINNING, A RADIAL OF SAID CURVE TO SAID POINT BEARS, NORTH 0°11'38" WEST; THENCE, LEAVING SAID CURVE, SOUTH 2°24'57" WEST 173.30 FEET; THENCE, SOUTH 77°2755" EAST 394.18 FEET; THENCE, NORTH 12032'05" EAST 40.00 FEET; THENCE, NORTH 7702755" WEST 40.00 FEET; THENCE, SOUTH 1232'05" WEST 30.00 FEET TO A LINE PARALLEL WITH AND 10 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID COURSE HAVING A BEARING AND DISTANCE OF SOUTH 7702755- EAST 394.18 FEET; THENCE ALONG SAID PARALLEL LINE, NORTH 7702755" WEST 345.81 FEET TO A LINE PARALLEL WITH AND 10 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID COURSE HAVING A BEARING AND DISTANCE OF SOUTH 2024'57" WEST 173.30 FEET; THENCE, NORTH 2024'57" EAST 165.35 FEET, TO A POINT ON SAID CURVE, A RADIAL OF SAID CURVE TO SAID POINT BEARS, NORTH 0012'06" EAST; THENCE, WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°23'44", AN ARC LENGTH OF 10.01 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINJNG 0.16 ACRES, MORE OR LESS. KGF ROS I� ES�,`ER � DATE n No. 5930IS I I 4.a I Packet Pg. 30 EXHIBIT "B" EXHIBIT MAP STREET VACATION SCALE 1"=20' In the City of Santa Clarita, County of Los Angeles, State of California sem, OPO 0 J© V �2y 16. '316-s9 4�r� V 41 tA I 4.a u C //700 O SO' V G5 a o I 4r� r rw� ���� u Gam' �O LEGEND F VARIABLE WIDTH STREET RIGHT OF WAY TO BE VACATED R1 TRACT NO. 45933 M.B. 1200 PAGES 70-89 ' 00 CURVE TABLE v NO. DELTA R L C1 38'08'00" 1450.00 965.05 C2 61'20 50 ZTO—Or 28.91 C3 02'50 04 800.00 39.58 C4 07'00 55 1450.00 177.54 C5 4539'36 27.00 21.52' C6 15'4114 27.00 7.39' C7 01'10'35" 800.00` 16.42' C8 0139'29 CQ—O.0-0r'-T3—.16'- 00.0023.16C9 C9 bd;4'72 6 1442.00 19.85' sem, OPO 0 J© V �2y 16. '316-s9 4�r� V 41 tA I 4.a u C //700 O SO' V G5 a o I 4r� r rw� ���� u Gam' �O LEGEND F VARIABLE WIDTH STREET RIGHT OF WAY TO BE VACATED R1 TRACT NO. 45933 M.B. 1200 PAGES 70-89 ' 00 Z � O v h�� I V Al ei CS10 �( co 0 r 0 0 LAND S� hLp Aro N R2 CERT. OF COMPLIANCE 17-00004 GRAPHIC SCALE REC. 8-1-17 INST NO. 20170864363 O.R. 20' 0 10' 20' POB POINT OF BEGINNING TPOB TRUE POINT OF BEGINNING 1 inch = 20' V -Aa (D J E 7� 2018 c�a r Q . 0;_; ``GV V Packlreti Pg. 31 .0011 109 v a� m C" a 00 F- Z 0 m~LLI mom 2rn x=WL. Ww a Lij W " V O N O T U w o II J F Q U N . -731Hc 4.a ' SO&O03Y 7V1,?W'O 30 `POOZ!9 16001 -ON .rl• � ISM SV 60067 F` 1 d3S 0367dY093Y SMdYnd 83*3S A�Jv'11Nvs zip �JO 1N3H3Sb'3 301M ,OA, ON' ,01 I Z I O Z ' U . I SIN U U I DIC N LO e� J 00-- 7 00 cn --d- Lri J M M m Q w�tf)LO Lr, L, r- :D Q N N 0 LLJ U m N Z O N c 50' r>4 / NCO o Zai 0 pyo z Q - IN 4k O oro -(1) r� U [_] Ld ((n LLI maOW ow0¢ wwz awo¢ WU(DZ ofwr-Q d0NU1 Packet Pg. 32 0 H w U O 00 0 0; 004 00 a a Z �w z om Z_ Z w :2m I r �o W 0 c5 U :� wZ o d Z L� p) :3? O N O 0 400 mr-n ZW o— to II QUIZ G- LL p0UI l to U �w Z� O 00000 1~TI Com,' L, w D LLJ U Z O 0 <w(3r' W1 F+N� L3 pW CL CLLI ) Wa N � rN V LLJ g L LJ 0- 0— N J F- 0- CE w Packet Pg. 32 M Ll- 0 M � � W Q� zo uj (n w p I W F Cn 0 M L N U O ` Q 1 N C." j1l a� N lT c Q Z N O mQ0 0 > C z, Lu 0 =mLNJ Q - X a: `v WXwc' W3 0 W c v 0 U a� t c -, 4 n oc LO J aoo W—aOo ,J 0 r*} CO Q ® k �o u7 LL L.i..l [] �n LO W iNrN (' 2t- - j Z Nt o f "rn -)C'rd3 j Jnr 2000 ,G-) i�lti j may°' Sq Inr 1 ea �uo bC z \ 1 t 1 k N \ ,n 40 � l uo w V LO ' Cf) O S� I 4.a I 0 O N O U') � r7 Z Ln U U LpW� rir0F- m acrR ww O 0 M Q W 0 Q WUtOH OZ Cr of r� Q ll0Ntn 0 W F - Q 00 �> Z Z N O W Z 0m Z w I m �O 00 O U :j wZ m w Q v~) Cr C3 VZ 0 m AZO 0� 0 �00mnto It F- w a O Z r` ; co 0a°0 O LOW O LLI Z O F- V) QO �CJ� 13 Oui F d afa WWO F- ll C)X N z w CD 0 U J a a FE x H � a g Packet Pg. 33 Z D LU 2 Of LLj LU < c o? 3�: LU LU Co RD m W= ANVIINVSv aNV MON onand =10 INVNVY3N V =10 NOIIVOVAkmvvyvynS) deVy jeijeV:4uewq3e44v le cv) CL CL X6 E IC m C) C) C) cl CL < W w 0 CO LL < 00 z 0 < Z >_ 2 z W < LLJ <co CO U)ui 0 10 0- 1 cr Z D LU 2 Of LLj LU < c o? 3�: LU LU Co RD m