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HomeMy WebLinkAbout2019-01-08 - RESOLUTIONS - SUMMARILY VACATING SHAWNA PLACE AND A SLOPE EASEME (2) RESOLUTION 19-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING SHAWNA PLACE AND A SLOPE EASEMENT WHEREAS, the portion 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;" 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 8331 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 public right-of-way at Shawna Place, as described in Exhibit "A" Legal Description, and as shown on Exhibit "B" Exhibit Map, both exhibits which are attached hereto and incorporated herein by this reference, which is real property located in the City of Santa Clarita, County of Los Angeles, State of California, fully meets the requirements of Section 8331 of the Streets and Highways Code of the State of California, 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" and such public right-of-way is therefore vacated, subject to Section 2 herein. SECTION 2. That within the public right-of-way to be vacated, there are public utility facilities that would be affected by the vacation, therefore, easements are hereby reserved and excepted from the vacation for public utility purposes as described below: The City of Santa Clarita, a Municipal Corporation does hereby RESERVE a non- exclusive easement for Pacific Bell Telephone Company, doing business as AT&T California, to from time to time construct, maintain, operate, replace, remove, and renew such aerial and underground communication facilities (including ingress and egress therefrom) consisting of poles, anchors, guys, cables, wires, crossarms, conduits, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances upon, over, and across the real property described in Exhibit "A" and shown in Exhibit "B," both which are attached hereto and incorporated hereinabove. Page 1 of 3 In addition, the City of Santa Clarita, a Municipal Corporation does hereby RESERVE a 10-foot-wide non-exclusive easement for Southern California Gas Company to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Southern California Gas Company deems necessary, one or more pipelines and conduits, together with devices for metering, measuring, regulating, cathodic protection, communications, and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation and distribution of natural gas and communications as Southern California Gas Company deems necessary, convenient or beneficial over, under, through, along, and for all other purposes connected therewith, and together with the reasonable right of ingress and egress to and from the easement to access the Facilities and the right to use grantor's abutting property during construction and maintenance of the Facilities, upon, over, and across the real property described in Exhibit "C" and shown in Exhibit "D," both which are attached hereto and incorporated herein by this reference. In addition, the City of Santa Clarita, a Municipal Corporation does hereby RESERVE for Southern California Edison (SCE), a public utility, a non-exclusive easement and rights that are necessary to use, maintain, operate, repair, replace, remove, or renew facilities upon, over, and across the real property in the City of Santa Clarita, County of Los Angeles, State of California as described in Exhibit "A" and shown on Exhibit "B," both which are attached hereto and incorporated hereinabove. In addition, the City of Santa Clarita, a Municipal Corporation does hereby RESERVE for Santa Clarita Valley Water Agency, a California special act water agency (Chapter 833, Statutes of 2017), ("Grantee"), a general non-exclusive easement and right-of-way, in, upon, over, and across the lands hereinafter described to construct, reconstruct, replace, maintain, alter, inspect, survey, operate, remove and use a water pipeline or pipelines, wells, water tanks, and other necessary facilities and appurtenances for public utility purposes therewith, including, but not limited to the foregoing, together with the right of ingress thereto and egress therefrom, to and along said right-of-way by a principal route or routes in, upon, over, across and along the real property described in Exhibit "A" and shown on Exhibit "B," both of which are attached hereto and incorporated hereinabove, together with the right to maintain, clear and keep clear said right-of-way. SECTION 3. That the City Clerk of the City of Santa Clarita is instructed to record the certified original resolution in the office of the Los Angeles County Registrar-Recorder, at which time the public right-of-way summarily vacated will no longer be a public right-of-way. SECTION 4. The City Clerk shall certify to the adoption of this resolution. Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 8th day of January 2019. C4e0AAdt- 3,5e'?.* MAYOR ATTEST: t r H CITY CLERK DATE: 1.42-j 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 No. 19-2 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8`h day of January 2019, by the following vote: AYES: COUNCILMEMBERS: Miranda, Smyth, Weste, Kellar, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK Page 3 of 3 Exhibit "A" Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF SHAWNA PLACE PUBLIC STREET, PRIVATE AND FUTURE STREET AND SLOPE EASMENT PARCEL 1 : SHAWNA PLACE ( PUBLIC STREET ) ALL OF SHAWNA PLACE , 66 . 00 FEET WIDE , IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND ACCEPTED ON TRACT NO . 43521 PER MAP FILED TN BOOK 1088 PAGES 30 AND 31 , BOTH OF MAPS , RECORDS OF SAID COUNTY . EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY WITHIN 44 . 00 FEET OF AND CONCENTRIC WITH THE CENTERLINE OF OAK RIDGE DRIVE FORMERLY CIRCLE J ROAD AS SHOWN ON SAID TRACT NO . 43521 . PARCEL 2 : SHAWNA PLACE ( PRIVATE AND FUTURE STREET ) ALL OF SHAWNA PLACE PRIVATE AND FUTURE STREET , 13 . 00 FEET WIDE AND VARIABLE WIDTH, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND REJECTED ON TRACT NO . 43521 PER MAP FILED IN BOOK 1088 PAGES 30 AND 31 , BOTH OF MAPS , RECORDS OF SAID COUNTY . PARCEL 3 : PRIVATE AND FUTURE STREET ALL OF THAT CERTAIN PRIVATE AND FUTURE STREET , 84 . 00 FEET WIDE AND VARIABLE , IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND REJECTED ON TRACT NO . 34143 PER MAP FILED IN BOOK 969 PAGES 7 THROUGH 14 , INCLUSIVE, OF MAPS , RECORDS OF SAID COUNTY, LYING NORTHEASTERLY OF THAT CERTAIN CURVE HAVING A RADIUS OF 383 . 00 FEET IN THE NORTHEASTERLY LINE OF CIRCLE J RANCH ROAD, 66 . 00 FEET WIDE, AS SHOWN ON AND DEDICATED BY SAID TRACT NO . 34143 . EXCEPT THEREFROM ALL OF SHAWNA PLACE, 66 . 00 FEET WIDE, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND ACCEPTED ON TRACT NO . 43521 PER MAP FILED IN BOOK 1088 PAGES 30 AND 31 , BOTH OF MAPS , RECORDS OF SAID COUNTY . X: \ADMIN\WORD DOCS\LE,GALS\EXHIBITS\8000 EXHIBITS\8554 EXH SHAWNA PLACE VACATION.DOC Exhibit "A" IIPane 2 of 2 ALSO, EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY WITHIN 44 . 00 FEET OF AND CONCENTRIC WITH THE CENTERLINE OF OAK RIDGE DRIVE FORMERLY CIRCLE J ROAD AS SHOWN ON SAID TRACT NO . 43521 . PARCEL 4 : SLOPE EASEMENT THAT CERTAIN VARIABLE WIDTH EASEMENT OF THE COUNTY OF LOS ANGELES FOR SLOPE PURPOSES , IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND ACCEPTED BY TRACT NO . 34143 PER MAP FILED IN BOOK 969 PAGES 7 THROUGH 14 , INCLUSIVE , OF MAPS , RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE SOUTHEASTERLY LINE OF SAID EASEMENT OF THE COUNTY OF LOS ANGELES FOR SLOPE PURPOSES SHOWN ON SAID TRACT NO . 34143 AS NORTH 59 ° 49 ' 16" EAST 40 . 82 FEET ; THENCE 1 . ALONG SAID SOUTHEASTERLY LINE NORTH 59 ° 49 ' 16" EAST 40 . 82 FEET TO THE NORTHEASTERLY TERMINUS THEREOF; THENCE 2 . ALONG THE EASTERLY LINE OF SAID EASEMENT NORTH 08 ° 39 ' 15 " WEST 30 . 41 FEET TO A POINT AT THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 308 . 00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 30 ° 33 ' 06" WEST ; THENCE 3 . SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 05 ° 08 ' 17 " AN ARC DISTANCE OF 27 . 62 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 27 . 00 FEET ; THENCE 4 . SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID EASEMENT AND LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 84 ° 29' 21 " AN ARC DISTANCE OF 39 . 82 FEET TO THE POINT OF BEGINNING . 41 r`- -A aL !_/1:1(e.,% VtiTtvo<N.\ AIS i0 °C PLS 7761 Si:n. � EXP. 1 2-l # ul q- \\...... 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LO N CD w>- D N X Exhibit "C" Page 1 of 1 EXHIBIT "C" LEGAL DESCRIPTION EASEMENT FOR PUBLIC UTILITIES TO SOUTHERN CALIFORNIA GAS COMPANY THOSE PORTIONS OF SHAWNA PLACE, 66 . 00 FEET WIDE , IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND ACCEPTED BY TRACT NO . 43521 PER MAP FILED IN BOOK 1088 PAGES 30 AND 31 , OF MAPS , AND CF THAT CERTAIN PRIVATE AND FUTURE STREET , 84 . 00 FEET WIDE AND VARIABLE, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES , STATE OF CALIFORNIA AS SHOWN ON AND REJECTED ON TRACT NO . 34143 PER MAP FILED IN BOOK 969 PAGES 7 THROUGH 14 , INCLUSIVE , OF MAPS , BOTH RECORDS OF SAID COUNTY, WITHIN A STRIP OF LAND 10 . 00 FEET WIDE , LYING 5 . 00 FEET ON EACH SIDE OF A CENTERLINE LYING 15 . 00 FEET WESTERLY OF AND PARALLEL WITH, MEASURED AT RIGHT ANGLE TO, THE WESTERLY LINE OF THE WESTERLY BOUNDARY OF SAID TRACT NO . 43521 AND IT ' S NORTHERLY PROLONGATION . THE SIDELINE OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN ON THE NORTHERLY LINE OF SAID CERTAIN PRIVATE AND FUTURE STREET AND SO AS TO TERMINATE ON THE SOUTHERLY LINE OF SAID CERTAIN PRIVATE AND FUTURE STREET . • LAND a PLS7781 lyl EXP. It-112& •fir kw %AI / f/2 -I4 -240/ X: \ADMIN\WORD DOCS\LEGALS\EXHIBITS\8000 EXHIBITS\8718 EXH GAS EASEMENT . DOC 1--- LI- V" N 0 000 p NI I it ri I I 17.1 a I CM Q I °) , W T--- Q w � O tWLAJ U, ul Q W n II W CC r) I Ct 0 Q N ~ I = N O w E r- z � '�' I wl� � 0 Qoo � 0 in I U p `1- r7.; M � Q ? r! I ` `= Z I U I o 6 zzo I a_ 'z z0 N � � 0 `-i f- F- I ,_ rn U U coIz > (`) � ` m Za � o a = a W • m U, 3g ` > I- 1- /c) � � m < < ` _ � � / Z ~ in \ V) tl m / IX W r-� 0 - < 4. 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