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HomeMy WebLinkAbout2017-02-28 - AGENDA REPORTS - VACATE SANITARY SEWER ESMT (2)Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: fill DATE: February 28, 2017 SUBJECT: SUMMARY VACATION OF SANITARY SEWER EASEMENT ON LOTS 1 AND 2 OF TRACT MAP 52414-05 DEPARTMENT: Public Works PRESENTER: Mike Hennawy RECOMMENDED ACTION City Council: 1. Adopt a resolution for the summary vacation of the sanitary sewer easement on Lots 1 and 2 of Tract Map No. 52414-05 dedicated to the City of Santa Clarita by said Tract Map, as described in Exhibit "A" Legal Description, and as shown on Exhibit `B" Exhibit Map. 2. Direct City Clerk to record the certified original resolution in the County of Los Angeles Registrar -Recorder's office. BACKGROUND The sanitary sewer easement to be vacated was originally dedicated to the City of Santa Clarita on Tract Map No. 52414-05, which recorded on June 30, 2010, to allow for the maintenance of sanitary sewer and appurtenant structures. The easement being vacated is unnecessary as the system is being relocated to accommodate a site plan redesign. A new easement has been created by separate instrument to accommodate the new design. The easement was intended exclusively for the sanitary sewer and for no other purpose. There are no other public facilities located within the easement. Per Section 8333 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 not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. Page 1 Packet Pg. 36 O Staff has determined the easement to be excess, and therefore, 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 Exhibit A (Legal Description) and B (Exhibit Map) Page 2 Packet Pg. 37 6.a RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING THE EASEMENT DEDICATED TO THE CITY OF SANTA CLARITA FOR SANITARY SEWER PURPOSES ON TRACT NUMBER 52414-05 WITHIN LOTS 1 AND 2, RECORDED IN BOOK1362, PAGE 21 TO 28, 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 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 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 does hereby resolve as follows: SECTION 1. That it is hereby found and determined the sanitary sewer, appurtenant structures, ingress and egress easement, as described in Exhibit "A" legal description, and as shown on Exhibit `B" exhibit map, attached hereto, which real property located in the City of Santa Clarita, County of Los Angeles, State of California, is no longer needed for present or prospective use based on the fact that the sanitary sewer is being relocated to accommodate a site plan redesign. 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 th day of 12017. MAYOR ATTEST: CITY CLERK DATE: Packet Pg. 38 6.a 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 _ th day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 39 6.a EXHIBIT "A" LEGAL DESCRIPTION SANITARY SEWER EASEMENT VACATION TRACT 52414-05 THOSE CERTAIN STRIPS OF LAND WITHIN LOTS 1 AND 2 OF TRACT NO. 52414-05 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON AND DEDICATED BY MAP OF SAID TRACT RECORDED IN BOOK 1362 PAGES 21 THROUGH 28 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESIGNATED ON SAID MAP AS "EASEMENT TO THE CITY OF SANTA CLARITA FOR SANITARY SEWER AND SANITARY SEWER INGRESS AND EGRESS PURPOSES". p,t .L LAND FW.No, G9 o ln4 PLS 7781 O * EXP. 9TFOF CA41FQ� A/ s 2-2-Zo17 X:\ADMIN\WORD DOCS\LEGALS\EXHIBITS\8000 EXHIBITS\8896 SEWER VACATION EXH.DOC Packet Pg. 40 6.a SANITARY IN THE COUNTY OF LO AI�/p W. s� . �p� G9 o X PLS 7781 o7D a * EXP.1'%7 F CAL1F�� p, I cFo \qR c�Fsr S EXHIBIT "B" PAGE 1 OF 1 EXHIBIT MAP SEWER EASEMENT VACA11ON CITY OF SANTA CLARITA, ANGELES, STATE OF CALIFORNIA SCALE: 1 "=200' DATE: 10-21-2016 W.O. 5103-030-15 X: \SURVEY\71564\EXHIBITS\DWG\LD8996-VACATION AQ SITE SEWER.dwg Packet Pg. 41