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.
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FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
Easement Location Map
Grant of Easement (EAS21-00007)
Page 2
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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.
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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:
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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
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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.
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TRACT NO. 501283-01 L=105.39'
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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
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