HomeMy WebLinkAbout2018-08-28 - AGENDA REPORTS - SUMMARY VACATE OF ESMT FOR STORM DRAIN AT SOUTHERN (2)Agenda Item: 3
DATE: August 28, 2018
SUBJECT: SUMMARY VACATION OF AN EASEMENT FOR STORM DRAIN
PURPOSES AT SOUTHERN CALIFORNIA INNOVATION PARK
(PREVIOUSLY MANN BIOMEDICAL PARK)
DEPARTMENT: Public Works
PRESENTER: Shannon Pickett
RECOMMENDED ACTION
City Council:
1. Adopt a resolution for the summary vacation of an easement for storm drain, appurtenant
structures, and ingress and egress purposes, as described in Exhibit "A" Legal Description.
2. Direct the City Clerk to record the certified original resolution in the Los Angeles County
Registrar-Recorder/County Clerk's office.
BACKGROUND
The storm drain easement to be vacated was originally dedicated to the City of Santa Clarita on
Tract No. 52673-02, which recorded on September 27, 2000. The easement being vacated is not
necessary as a separate easement was created by instrument recorded July 23, 2009, to
accommodate a new design.
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.
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.
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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 The easement has been superseded by relocation, or determined to be excess by the easement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.
Staff has determined the easement to be excess and therefore is recommending the easement to
be summarily vacated by adopting the resolution.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
None
ATTACHMENTS
Resolution with Exhibit A (Legal Description)
Location Map
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RESOLUTION NO. 18- O
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, z
CALIFORNIA, SUMMARILY VACATING A PORTION OF AN EASEMENT Q
DEDICATED TO THE CITY OF SANTA CLARITA FOR STORM DRAIN, v
APPURTENANT STRUCTURES, AND INGRESS AND EGRESS PURPOSES ON
TRACT NO. 52673-02, FILED IN BOOK 1252, PAGES 59 TO 68, INCLUSIVE, OF Q
MAPS IN THE CITY OF SANTA CLARITA
WHEREAS, the portion of the easement being summarily vacated fully meets the
requirements of Section 8333 of the Streets and Highways Code, which states that 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 of the State of California, 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 of the State of California, the City Council of the City of
Santa Clarita, California, does hereby resolve as follows:
SECTION 1. That it is hereby found and determined that the storm drain, appurtenant
structures, and ingress and egress easement, as described in Exhibit "A" Legal Description,
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 not needed for present or
prospective use based on the fact that the storm drain that warranted the easement dedication was
not installed and is not expected to be installed in the future.
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.
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PASSED, APPROVED, AND ADOPTED this 28th day of August, 2018.
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 18- was duly adopted by the City Council of the City of Santa Clarita at
a regular meeting thereof, held on the 28th day of August 2018, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Page 2 of 2
CITY CLERK
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EXHIBIT "A"
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LEGAL DESCRIPTION
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STORM DRAIN EASEMENT VACATION:
TRACTNO. 52673-02
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