The URL can be used to link to this page

Home My WebLink About2019-05-14 - AGENDA REPORTS - SUMMARY VACA OF AN ESMT FOR SLOPE PURPOSES ALONG V (2)Agenda Item: 7 DATE: May 14, 2019 SUBJECT: SUMMARY VACATION OF AN EASEMENT FOR SLOPE PURPOSES ALONG VALLEY STREET SOUTH OF LYONS AVENUE DEPARTMENT: Public Works PRESENTER: Shannon Pickett RECOMMENDED ACTION City Council: 1. Adopt a resolution for the summary vacation of an easement for slope purposes, 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 Los Angeles County Registrar -Recorder's office. BACKGROUND The slope easement to be vacated was originally dedicated to the County of Los Angeles on February 27, 1974, as Instrument No. 3650 of Official Records and acquired by the City of Santa Clarita (City) through incorporation on December 15, 1987. The easement being vacated is not necessary, as there are no slopes currently existing along the frontage of 24753 Valley Street. The dedication and grant of easement for road purposes (EAS 18-00009), recorded on August 9, 2018, as Instrument No. 20180801731 increased the right-of-way width of Valley Street and supersedes this slope easement. On March 28, 2017, the Planning division administratively approved Master Case 16-216 for five two-story, single-family residential units for rent on 24753 Valley Street. A condition of approval with the project requires the slope easement to be removed. The owner has requested the slope easement be vacated. Per Section 8331 Part 3 of Division 9 of the California Streets and Highways Code, the legislative body of a local agency may summarily vacate a street or highway if both of the Page 1 following conditions exist: 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. City staff has determined that the portion of the slope easement has been impassable for vehicular travel for a period of five consecutive years, and no public money was expended for maintenance during the time it was in effect. Therefore, staff is recommending the easement be summarily vacated by adopting the resolution. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None ATTACHMENTS Resolution with Exhibits A and B Aerial Location Map Page 2 RESOLUTION 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY (SLOPE EASEMENT) ALONG VALLEY STREET SOUTH OF LYONS AVENUE AT 24753 VALLEY STREET WHEREAS, the portion being summarily vacated fully meets the requirements of Section 8331 of Part 3 of Division 9 of the California 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 be vacated; and WHEREAS, under Chapter 4, Summary Vacation of Part 3 of 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 8331 of Part 3 of 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 that a portion of the public right-of- way along Valley Street south of Lyons Avenue, as described in 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 meets the requirements of Section 8331 of Part 3 of Division 9 of the California 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 such public right-of-way is therefore vacated, subject to Section 2 herein. SECTION 2. That within the portion of the street (slope easement) 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 vacation. SECTION 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of 2019. 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 19- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION SLOPE EASEMENT VACATION OF PORTION OF VALLEY STREET.. IN A PORTION OF LOT 2, TRACT NO. 1437 (EASEMENT FOR SLOPE PURPOSES -VACATION): BEING A PORTION OF LAND IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR SLOPE PURPOSES IN FAVOR OF THE COUNTY OF LOS ANGELES, LYING WITHIN A PORTION OF LOT 2, TRACT MAP NO. 1437, AS PER MAP RECORDED IN BOOK 20, PAGE 54, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHERLY 82.50 FEET OF THE SOUTHERLY 247.50 FEET OF SAID LOT 2, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND OF THAT PARCEL DESCRIBED AS PARCEL 7-36, IN THE DEED TO THE COUNTY OF LOS ANGELES, RECORDED FEBRUARY 27, 1974, AS INSTRUMENT NO. 3650, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, THENCE, ALONG THE NORTHERLY LINE OF SAID PARCEL 7-36 AND THE NORTHERLY LINE OF SAID NORTHERLY 82.50 FEET, SOUTH 85° 31' 36" WEST 21.77 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 7-36, LIES ON THE WESTERLY BOUNDARY OF SAID PARCEL 7-36, SAID BOUNDARY BEING A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2215.14 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 79° 35' 31" EAST; THENCE, LEAVING THE NORTHERLY LINE OF SAID NORTHERLY 82.50 FEET, SOUTHERLY ALONG LAST SAID CURVE AND WESTERLY BOUNDARY OF SAID PARCEL 7-36, THROUGH A CENTRAL ANGLE OF 020 08' 30" AN ARC LENGTH OF 82.80 FEET, TO THE SOUTHERLY LINE OF SAID NORTHERLY 82.50 FEET; THENCE, LEAVING SAID BOUNDARY, ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 82.50 FEET, SOUTH 850 3 P 36" WEST 2.01 FEET, TO A CURVE HAVING A RADIUS OF 2213.14 FEET, BEING CONCENTRIC WITH LAST SAID CURVE AND CONCAVE TO THE WEST, A RADIAL BEARING TO SAID POINT BEARS NORTH 81 ° 43' 49" EAST; THENCE, LEAVING SAID SOUTHERLY LINE, NORTHERLY ALONG LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 020 08'37" AN ARC LENGTH OF 82.80 FEET, TO THE NORTHERLY LINE OF SAID NORTHERLY 82.50 FEET; THENCE, LEAVING LAST SAID CURVE, ALONG SAID NORTHERLY LINE, NORTH 85° 3 P 36" EAST 2.01 FEET, TO THE TRUE POINT OF BEGINNING. SAID VACATED AREA DESCRIBED AS PARCEL 7-36S.1 WITHIN SAID INSTRUMENT NO. 3650„ CONTAINING 165.6 SQ. FT. MORE OR LESS. *9 No. 5930 Sheet 1 of 1 iLL. 0 OL29 Od MZ N O I 8Jad s �a113 �I NON 133?JiS A311VA 8689 Od ZLVZ dVO C3UJI 8Jad dad 113M NI NOW tl,C7 78 2I3d 3NI7831N30 070 dVO SS` d8 (I3 O8 'TO ,29"LtiCZ M.00,023)N �90Z6 r OS'C ZO'ti7L N e MI O _ I W No) NEW CENTERLINE .4 -Flo c� U) pPER 0 Z W R2 no� Q ,0978M 0,02.VON uj M � z > `� LL' LZ 8L'ti l� o Z`-' / ' �O0, �mR:7 QE Z U) ,05'L -VZ M _ N] M co In ou 9 �7WZ4 - * , M—.00WAN -j– — -�— Ll z 0 N Q m m w z* N I– w t w 00 N O I N l' N C3UJI ^ tl,C7 o N • W . N OI N Oµ\ N e MI O _ 0o W .4 -Flo co� N e �O0, �mR:7 QE Z rt p N O ao I \ Z 7 I MN a- UN J c0 � Z �• M I n wQ �O z Ld� d- Q Z U m WZ N d l Y r N C O 0— U- W U m — QW W 0 Q' W W 0 wp¢ a J QN �a ��O N O� z =0 a CL � U U � �aQ.. F-:, Q W VIo z II II ., ..� W l C14 J O )O O a N h O co om l ONO p J o 0 NUJ q) a) � O0 vi . •c`! O w Lo N OUO l` N r< V IN O Z 0 of O N V Q ZLLIU J0W O pl� fif 3�w0 j'' + (f)O 7 ,05'Z8 l ,05'L -VZ M _ N] M co In ou 9 �7WZ4 - * , M—.00WAN -j– — -�— Ll z 0 N Q m m w z* N I– w t w 00 N O I N I zltz� tl,C7 UJ J U) W +� N C �O0, �mR:7 QE Z J Q W O O \ CL o z WUcpz N MN a- UN z I n wQ L z Ld� d- Q a U m N d 0C*4 F Y r N 0<L W ES 0 ui O 0— U- W U m — QW W 0 Q' W W 0 wp¢ a �z �wLU—i OJ �a ��O N O� z =0 a Ld � U U 3 0 a- �aQ.. Qw � II VIo z II II >0- ..� W II C14 J O 4 w O O A» z N'),017