HomeMy WebLinkAbout2018-11-13 - AGENDA REPORTS - SUMMARY VACATE OF LANDSCAPE MAINTENANCE ESMT ON CL (2)Agenda Item: 9
DATE: November 13, 2018
SUBJECT: ADOPT RESOLUTION FOR SUMMARY VACATION OF
LANDSCAPE MAINTENANCE EASEMENT ON CLEAR VIEW
COURT
DEPARTMENT: Neighborhood Services
PRESENTER: Kevin Tonoian
RECOMMENDED ACTION
City Council:
Adopt a resolution for the summary vacation of the landscape maintenance easement at
25323 Clear View Court, as described in the attached Legal Description (Exhibit A of
attached resolution).
2. Direct City Clerk to record the certified original resolution in the County of Los Angeles
Registrar -Recorder's office.
BACKGROUND
A landscape maintenance easement located at 25323 Clear View Court, Tract Map No. 44452
(Exhibit B of attached resolution), was dedicated to the City of Santa Clarita (City) Landscape
Maintenance District (LMD) and recorded on August 18, 1989. The dedication of this
maintenance easement provides access for the City to maintain landscape improvements located
within LMD Zone 27 (Circle J).
The owner of the subject property would like to construct a swimming pool in their backyard on
property already owned in fee, but is currently encumbered by the existence of the above
referenced LMD maintenance easement. The easement proposed for summary vacation
encompasses approximately 17,522.5 square feet of excess slope area that only benefits this
specific parcel. The property owner has also secured the approval of the two directly adjacent
homeowners.
A resolution, accompanied by a legal description prepared by the property owner, identifies the
Page 1
area proposed for vacation. The existing easement exclusively serves the LMD and supports no
additional public purpose. Upon Council approval, the City's LMD operation will cease having
any responsibility for maintaining this area. The property owner will be required to modify and
relocate all irrigation infrastructure removed from the vacated area to the City's satisfaction,
secure a grading permit for the proposed improvements to their property, and is financially
responsible for all related recording -filing fees.
Per Section 8333 of Part 3, Division 9 of the California Streets and Highways Code, the
legislative body of a local agency may summarily vacate a public service easement if the
easement has been determined to be excess by the easement holder and there are no other public
facilities located within the easement. Based on these conditions, staff has determined the subject
easement to be excess and eligible for vacation.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
Summary Vacation Resolution
Page 2
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING EASEMENT DEDICATED
TO THE CITY OF SANTA CLARITA FOR LANDSCAPE MAINTENANCE EASEMENT
PURPOSES ON LOT 80 OF PARCEL MAP NO. 44452 FILED IN BOOK 1137, PAGES 59
TO 68, INCLUSIVE, OF PARCEL MAPS IN THE CITY OF SANTA CLARITA
WHEREAS, the easement being summarily vacated fully meets the requirements of
Section 8333 of the California 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, Division 9 of the
California 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, Division 9 of
the California Streets and Highways Code, the City Council of the City of Santa Clarita,
California, does hereby resolve as follows:
SECTION 1. That it is hereby found and determined the legal description as described in
Exhibit A and landscape maintenance easement as shown in Exhibit B for real property located
on Clear View Court in the City of Santa Clarita, County of Los Angeles, State of California, is
no longer needed for present or prospective use.
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.
PASSED, APPROVED, AND ADOPTED this 131' day of November, 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 131' day of November, 2018, by the following vote:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCILMEMBERS:
W
CITY CLERK
EXHIBIT "A°
LEGAL DESCRIPTION
That portion of Lot 80 of Tract No. 44452, in the City of Santa Clarita, County of Los Angeles,
State of California, as shown on map filed in Book 1137, pages 59 through 68, inclusive of
Maps, in the Office of the County Recorder of said county, described as follows:
Commencing at the southwest corner of said Lot 80, thence, along the southeasterly line of
said Lot 80, North 58012'00"' East 79.29 feet, to the TRUE POINT OF BEGINNING;
thence, leaving said southeasterly line, Forth 33°07' 09° West 100.82 feet, to a tangent curve,
concave easterly, and having a radius of 100.00 feet;
thence, northwesterly and northerly along said curve through a central angle of 45° 24' 50", an
arc length of 79.26 feet to the northerly line of said Lot 80;
thence, along said northerly line, South 77° 34' 40" East 177.30 feet to a curve concave to east
and having a radius of 70.00 feet, a radial bearing said to point bears North 770 34' 40" West,
said point also being the northeast corner of said Lot 80 and lies on the curved Right of Way of
Clearview Court, variable width, as shown on said Tract No. 44452;
thence, southerly and southeasterly along said curve through a central angle of 441 13" 18" , an
arc length of 54.03 feet to the southeast corner of said Lot 80;
thence, leaving the Right of Way of said Ciearview Court along said southeasterly line of said
Lot 80, South 580 12'00" West 133.06 feet, to the TRUE POINT OF BEGINNING.
CRC 3402 October 17, 2018
Area = 17,522.5 sq -ft (0.40 Acres)
EXHIBIT ""
EXHIBIT MAP SUMMARILY
VACATING A PORTION OF
AN EASEMENT IN THE CITY
OF SANTA CLARITA,
COUNTY COUNTY OF LCIS
ANGELES, STATE OF
CALIFORNIA
CURVE DATA
DELTA WRADIUS LENGTH
Cl 4 4 5th 100.00'179.26
C244'13'18- 70.00 54.03
•
N 7734'47O"'w
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.177 9
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4
' LOT 80, R1
APN: 2834-722-102
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EASEMENT
t4 AREA=17,522.5 SQ FT
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SCALE 1"=60'
CL = CENTERLINE
PL = PROPERTY LINE
O' 30' 60' 120' POC POINT OF COMMENCEMENT
SCALE 1"=60' ROW = RICHT OF WAY
TPOB = TRUE POINT OF BEGINNING
R1 = TRACT NO. 44452, M.B. 1137, PGS, 59-68
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