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HomeMy WebLinkAbout2021-05-25 - AGENDA REPORTS - SCV WATER AGENCY ESMT (2)O Agenda Item: 8 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: May 25, 2021 SUBJECT: SANTA CLARITA VALLEY WATER AGENCY EASEMENT DEDICATION DEPARTMENT: Recreation and Community Services PRESENTER: Janine Prado RECOMMENDED ACTION City Council approve and authorize the City Manager or designee to execute the attached Grant of Easement (EAS21-00007) to Santa Clarita Valley Water Agency. BACKGROUND On May 26, 2020, the City Council approved a grant easement to Santa Clarita Valley Water Agency to install a 29-foot by 19-foot pressure reducing station along Sierra Highway to regulate water pressure from Zone 2 to Zone 7 of the Needham Ranch Project. Santa Clarita Valley Water Agency (SCVWA) is now requesting an ingress and egress easement to provide access to the pressure reducing station on Assessor's Parcel Number 2827-052-904. To accommodate for overhead power lines, an access gate was relocated from the east side of the station wall to the south side of the station wall. The purpose of this easement is to allow SCVWA to construct a driveway to the new entrance gate location. This driveway will allow large maintenance vehicle access, while avoiding low overhead power and telephone lines. The Needham Ranch Project was originally approved by the City Council on June 24, 2003, as part of Master Case 99-264, including the certification of the Environmental Impact Report prepared for the project, along with the following entitlements: Tentative Tract Map 50283, the Development Agreement, General Plan Amendment 99-003, Zone Change 99-002, Conditional Use Permit 99-013, Hillside Review 99-004, and Oak Tree Permit 99-029. The Final Tract Map for Tract No. 50283-01—Needham Ranch —was approved by City Council on February 27, 2018. ALTERNATIVE ACTION Other action as determined by the City Council. Page 1 Packet Pg. 52 O FISCAL IMPACT There is no fiscal impact for this item. ATTACHMENTS Easement Location Map Grant of Easement (EAS21-00007) Page 2 Packet Pg. 53 8.b RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Exemption. fees pursuant to Govert7ment Code Section 27383 Santa Clarita Valley Water Agency P.O. Box 903 Santa Clarita, CA 91380-9003 Attn: Mike Alvord APN: 2827-052-904 GRANT OF EASEMENT (EAS21-00007) SPACE ABOVE LINE FOR RECORDER Documentary Transfer Tax $ None (no ) (consideration) Santa Clarita Valley Water Agency Signature of Declarant or Agent This is a conveyance of an easement or deed and the consideration and value and consideration less than $ 100 R &T 11911. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SANTA CLARITA ("Grantor"), does hereby grant to the SANTA CLARITA VALLEY WATER AGENCY, a California special act water agency (Chapter 833, Statutes of 2017), and its successors, assigns and invitee ("Grantee"), a permanent non-exclusive easement and right of way in , upon, over and across the lands hereinafter described for ingress and egress, together with the right to maintain, clear and keep clear said right of way. The lands in which said general non-exclusive easement and right of way is hereby granted (collectively referred to as "the Easement Property") are as described in Exhibits A and B attached hereto and incorporated by reference. Grantor agrees for itself, its heirs, successors and assigns, not to plant, erect, install, alter, place or maintain, nor to permit the planting, erection, alteration, placement or maintenance of any tree, building or permanent structure (collectively, "Permanent Structure") on the Easement Property. If any Permanent Structure is made on the Easement Property, any such Permanent Structure shall be removed at Grantor's sole cost and expense within thirty (30) days after the receipt of Grantee's written request. Grantee and its contractors, agents and employees, shall have the right to trim or cur tree roots and shall have free access to any and all systems and infrastructure that may exist on the Easement Property at all times, for the purpose of exercising rights herein granted, however, that in making any excavation of said Easement Property, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable, including repairing or repairing any asphalt or other existing road surfaces. Packet Pg. 55 8.b Grantee shall use and operate the Easement Property and the Easement Facilities in a manner so as to insure the safety of persons or property in the vicinity of the Easement Property and Easement Facilities, including, without limitation, installing appropriate protection devices such as, but not limited to, walls or fencing, and appropriate signage warning of any potential hazards. Grantee and its agents, employees and contractors shall comply with all laws applicable to its and their use of, and activities in and about, the Easement Property. Grantee agrees that it will, at its expense, install any necessary landscaping and will maintain such landscaping in good condition. Grantee agrees to indemnify, protect., defend and hold harmless Grantor, its officials, officers, agents, employees, successors and assigns from and against any and all claims, liabilities, losses , penalties, fines, actions, causes of action, costs and expenses (including attorneys' fees and court costs) which they, or any of them, may suffer or incur arising out of or relating to (a) Grantee's use and operation of the Easement Property and Easement Facilities, (b) Grantee's exercise of its rights granted under this agreement, and (c) the activities of Grantee, its employees, agents, servants and contractors in or about the Easement Property or the Easement Facilities. The easement granted herein, the restrictions hereby imposed, and the agreements contained in this agreement shall be deemed to be an easement, restriction and covenants running with the land pursuant to California Civil Code Section 1468 and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. Notwithstanding the foregoing or anything else in this agreement to the contrary, if Grantee ceases to use the Easement Facilities for a continuous period of three hundred sixty-five (365) days (except where due to the making of alterations or necessary repairs to the Easement Facilities), then this agreement and the easement and right of way granted hereunder shall automatically terminate and be of no further force and effect; provided, that without limiting the foregoing, in the event of such cessation of use, upon written demand by Grantor, Grantee agrees to execute and deliver to Grantee a quitclaim deed in recordable form acknowledging the termination of this agreement and quitclaiming the Easement Property to Grantor; provided, further, that is Grantee fails to execute and deliver such quitclaim deed to Grantor within thirty (30) days following Grantor's receipt of Grantee's written demand, then Grantee shall be irrevocably authorized to record a notice of termination of this Agreement and the easement and right of way granted hereunder. This instrument shall inure to the benefit of, and be binding upon, the respective heirs, personal representatives, successors and assigns of Grantor and Grantee, respectively. Reference herein to Grantor and Grantee and its or their rights and obligations hereunder shall include reference to any successors in interest and assignees of Grantor and Grantee. Subject to the rights of Grantee, covenants and restrictions contained herein, Grantor retains the right to use the Easement Property for any purpose (including, without limitation, for the purpose of granting further easements) that does not interfere with Grantee's use of the Easement Property and exercise of all rights and privileges thereof. Date: Packet Pg. 56 8.b IN WITNESS WHEREOF, this instrument has been executed as of the date first set forth above. GRANTEE By: Santa Clarita Valley Water Agency - A California Special Act Water Agency Its: General Manager GRANTOR City of Santa Clarita, a general law city and municipal corporation By: Its: City Manager Attest: City Clerk Packet Pg. 57 8.b EXHIBIT "A" Legal Description That portion of Lot 12, .in the City of Santa Clarita, County of Los Angeles, State of California, as shown on map of Tract No. 50283-01 filed in Book 1403, Pages 71 through 78, inclusive, of Maps., in the Office of the County Recorder of Los Angeles County, described as follows: Beginning at the northerly terminus of that course in the easterly line of said Lot 12 , shown on said map as having a bearing and distance of N 15'12' 15" E, 262.80 feet, said point being on the westerly line of Sierra Highway, as shown on said map, said point being on a tangent curve concave westerly having a radius of 942.00 feet; thence northerly along said westerly line of Sierra Highway and along said curve through a central angle of 06'24' 36" an arc distance of 105.39 feet to the True Point of Beginning; Thence leaving said westerly line of Sierra Highway, N 81"34' 03" W, 21.27 feet; thence S 08"25' 57" W, 57.00 feet; thence S 81"34' 03" E, 19.18 feet to said westerly line of Sierra Highway, said point being on a tangent curve concave westerly having a radius of 942.00 feet; thence northerly along said westerly line of Sierra Highway through a central angle of 03"28' 11" an arc distance of 57.05 feet to the True Point of Beginning. ,NC3 1�39 \ E)W. 12J 1J2022 dVIL Packet Pg. 58 I 8.b I A--,-21, 2 - ----- --T.,P. 0. B. N 1 '3403 W ----S1'12'21 L=57,05' R=42,00' 3*28'11" T=28.53' 0 S81-340 Z LOT 12 TRACT NO. 501283-01 L=105.39' M.B. 1403/71-78 R=942,00' A=6*24'36" ,r= 52.75 58 0 6 Co Lo z Qj to GRAPHIC SCALE 0 10 20 40 04 IN FEET I inch = 20 ft. E3 ()L 0 w ry, NO. 10533 Exp. 12J31/2022 CIVI N4 OF, CALF ANDEL ENGINEERING COMPANY P.OBOX 22042� MHALL, CA 91321 (661) 259-1920 http, �/N www. An del EnjlneeriU.,com, EASEMENT MAP SANTA CLARITA VALLEY WATER AGENCY oRAwN ey.• M,FE. DATE,* 12110�go SCALE: I = (0 E.L. BOLDEN JR. R.Ck"16633 JN. 5390 1 SHEET 1 --2Pac�kePg�.59 5