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HomeMy WebLinkAbout2022-11-22 - AGENDA REPORTS - VACATE ESMT SIERRA WEST ASSISTED LIVINGAgenda Item: 10 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: 1 DATE: November 22, 2022 SUBJECT: SUMMARY VACATION OF EASEMENTS FOR SLOPE AND STREET PURPOSES LOCATED ON THE WEST SIDE OF SIERRA HIGHWAY, SOUTH OF NEWHALL AVENUE (SIERRA WEST ASSISTED LIVING) DEPARTMENT: Public Works PRESENTER: Amalia Marreh RECOMMENDED ACTION City Council: 1. Adopt a resolution for the summary vacation of an easement for slope purposes as described and shown on Exhibit "A" Legal Description and Exhibit "B" Exhibit Map of the attached resolution, and an easement for street purposes as described and shown on Exhibit "C" Legal Description and Exhibit "D" Exhibit Map of the attached resolution. 2. Direct City Clerk to record the certified original resolution in the County of Los Angeles Registrar -Recorder's office. BACKGROUND The slope easement to be vacated is a portion of Lot 10 of Tract Map No. 2703 which was recorded on February 26, 1915. The slope easement was dedicated to the State of California (State) for public highway slope purposes per Final Order of Condemnation by the State of California recorded May 28, 1969, as Instrument No. 3655. The street easement to be vacated is also a portion of Lot 10 of Tract Map No. 2703. The street easement was dedicated to the State of California for State highway purposes per Final Order of Condemnation by the State of California recorded May 28, 1969, as Instrument No. 3655, both easements are shown on the attached location map. The slope and street easements were acquired by the City of Santa Clarita (City) through State Highway Relinquishment No. 1244 dated June 21, 2013, and recorded as document No. 20130929825. Page 1 Packet Pg. 52 On March 23, 2021, the City Council adopted Resolution No. 21-10 approving Master Case 18- 235. This approval allowed for the construction of an 83-unit, 61,736-square-foot senior living facility, which would consist of independent, assisted living, and memory care units. The facility is located on the west side of Sierra Highway, approximately 600 feet south of Newhall Avenue. A portion of the slope easement and a portion of the street easement will no longer be necessary, due to the proposed development of the assisted living facility and the modification to the site layout per the approved project site plans. Staff is recommending the unnecessary easements to be vacated. In addition, by separate instrument, the property owner has dedicated an additional eight feet of right of way for public use and trail purposes along the property frontage on Sierra Highway for the total right of way width of Sierra Highway of 58 feet from centerline. In compliance with sections 8340 of the Streets and Highway Code and section, City staff coordinated with public utilities to ensure easements for public utilities in place will be reserved. Per Section 8331 of the Street and Highway Code, 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 of vehicular travel; and (b) No public money was expended for maintenance on the street or highway during each period. Both of these conditions exist; therefore, staff is recommending a portion of the street easement and a portion of the slope easement as described and shown on Exhibits "A" through "D" of the attached resolution to be summarily vacated by adopting the resolution. ALTERNATIVE ACTION Other actions as determined by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. ATTACHMENTS Resolution and Exhibits Location Map Page 2 Packet Pg. 53 10.a RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING A PORTION OF EASEMENTS DEDICATED TO THE CITY OF SANTA CLARITA FOR SLOPE AND STREET PURPOSES LOCATED AT THE WESTSIDE OF SIERRA HIGHWAY, APPROXIMATELY 600 FEET SOUTH OF NEWHALL AVENUE (SIERRA WEST ASSISTED LIVING), CREATED BY INSTRUMENT NO. 3655 TO THE STATE OF CALIFORNIA ON MAY 28, 1969, AND ACQUIRED BY THE CITY OF SANTA CLARITA THROUGH STATE HIGHWAY RELINQUISHMENT NO. 1244 DATED JUNE 21, 2013 WHEREAS, the slope easement and street easement being summarily vacated fully meet 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 California Streets and Highways Code, no public hearing is required and no public hearing was held. NOW, THEREFORE, pursuant to the provisions of Sections 833lof 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 an easement for slope purposes, along Sierra Highway, as described in Exhibit "A" a legal description, and as shown on Exhibit "B" Map, and a portion of an easement for street purposes, as described in Exhibit "C" legal description, and as shown on Exhibit "D" 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 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 such easements are therefore vacated. SECTION 2. That within the street easement 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 Page 1 of 3 Packet Pg. 54 10.a 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 "C" and shown in Exhibit "D," both which are attached hereto and incorporated hereinabove. In addition, the City of Santa Clarita, a Municipal Corporation does hereby RESERVE 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 in, upon, over, and across the real property described in Exhibit "C" and shown in Exhibit "D," both which are attached hereto and incorporated hereinabove. 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 Registrar -Recorder of the County of Los Angeles, at which time the easements summarily vacated will no longer be public service easements. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 22" d day of November 2022. ATTEST: CITY CLERK DATE: MAYOR Page 2 of 3 Packet Pg. 55 10.a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, California, do hereby certify that the foregoing Resolution No. 22- was duly adopted by the City Council of the City of Santa Clarita, California at a regular meeting thereof, held on the 22nd day of November 2022, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Page 3 of 3 Packet Pg. 56 10.a EXHIBIT `A' LEGAL DESCRIPTION SLOPE EASEMENT VACATION IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA That portion of Lot 10 of Tract No. 2703, in the City of Santa Clarita, County of Los Angeles, State of California, as per map filed in Book 28, Pages 20 through 26, inclusive of Maps, being described as Parcel 113 of Final Order of Condemnation by the State of California recorded May 28, 1969, as Instrument No. 3655, both Official Records in the Office of the County Registrar - Recorder of said County, described as follows: Commencing at the southeast corner of said Lot 10; thence, along the southerly line of said Lot 10, North 76' 54' 30" West 20.72 feet to the southwesterly corner of Parcel 1A of said Instrument No. 3655 and the westerly line of Sierra Highway, 100.00 feet wide; thence, leaving the southerly line of said Lot 10, along the westerly line of Parcel 1B of said Instrument No. 3655, North 29' 15' 22" West 126.21 feet; thence, continuing along said westerly line of Parcel 1B, North 19' 27' 38" East 106.82 feet to the TRUE POINT OF BEGINNING: thence, continuing along the westerly line of said Parcel 1B, North 19' 27' 38" East 29.75 feet to the beginning of a non -tangent curve concave to the southeast having a radius of 2070.00 feet, a radial line to said point bears North 85' 46' 14" West; thence, northerly along last mentioned curve, through a central angle of 03' 23' 12", an arc length of 122.35 feet; thence, continuing along said westerly line of Parcel 113, North 88' 00' 14" East 5.01 feet to the easterly line of said Lot 10; thence, along said easterly line of Lot 10, South 02' 56' 00" East 93.25 feet to the northerly corner of said Parcel 1A and said westerly line of Sierra Highway, said point being a non -tangent curve concave to the southeast having a radius of 2050.00 feet, a radial line to said point bears North 84' 55' 24" West; Sheet 1 of 2 Packet Pg. 57 10.a thence, southerly along last mentioned curve and said westerly line of Sierra Highway, through a central angle of 01' 38' 19" an arc length of 58.63 feet to a point on said curve, a radial line to said point bears North 86' 33' 43" West; thence, leaving last mentioned curve and said westerly line of Sierra Highway, North 86' 36' 21" West 28.02 feet to the TRUE POINT OF BEGINNING. Area is 2,474Sq. Ft. 0.05 Ac. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Prepared byy" under my direct supervision. 5930 Date: f 2&;22, Sheet 2 of 2 Packet Pg. 58 SCALE 1 "=60' EXHIBIT ' B ' SHEET 10.a EXHIBIT MAP SLOPE EASEMENT VACATION IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA D0 � _... _ .. 50, 50, '\NLY LINE LOT 1, R2 I Q i I ' D 2 �� • � I NO o• • Lot 10, Rl I NI I LOT 1, R2 IQ Lr) � QQ -J I 29.75' < 7POB / V Al' o o I nh Q N 00 O Z R4 / I EXIS77NG SLOPE EASEMENT TO REMAIN �u "I 2 V �c9\ UNE �F�� ra for r ,��, V w 3p W a ;'2 283 • ©1 / I l 50' S0' SOUTHEAST CORNER LOT 10, Rl 1100' x s 1 � 6 0' 30' 0' 6 C COURSE TABLE No.1 BEARING I DIST. D1 I N76.54'30"W 1 20.72' D2 I N88.00'14"E 1 5.01' 1 D3 I S02.56'00"E 93.25' 1 D4 1 N86'3621 "W 28.02' 1 C U R V E T A B L E 1 Nod DELTA I R I L I Cl 1 03.23'12" 1 2070.00'1 122.35'1 C2 1 07'29'14" 1 2050.00 1 267.89' 1 C3 1 01'38'19 2050.00 1 58.63' 1 C4 1 05'50'55" 1 2050.00' 1 209.26' 1 LEGEND: R1 = TRACT 2703, M.B. 28, PGS 20-26 R2 = GRANT DEED RECORDED SEPTEMBER 11, 2019 AS INSTRUMENT NO. 20190938219, O.R. R3 = PARCEL 1A, FINAL ORDER OF CONDEMNATION RECORDED MAY 28, 1969 AS INSTRUMENT NO. 3655, O.R. R4 = PARCEL 113, FINAL ORDER OF CONDEMNATION RECORDED MAY 28, 1969 AS INSTRUMENT NO. 3655, O.R. POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING ®f = INDICATES SLOPE EASEMENT / VACATION AREA PREPARED BY CRC ENTERPR 27600 BOUQUET SANTA CLARITA, Q 1 Packet Pg. 59 10.a EXHIBIT'C' LEGAL DESCRIPTION STREET VACATION IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA That portion of Newhall Avenue, 60.00 feet wide, shown as San Fernando Road, adjoining Lot 10 of Tract No. 2703, in the City of Santa Clarita, County of Los Angeles, State of California, as per map recorded in Book 28, Pages 20 through 26, inclusive of Maps, in the Office of the County Recorder of said County, described as follows. Commencing at the southeast corner of said Lot 10; thence, along the easterly line of said Lot 10 being also the westerly line of said Newhall Avenue, North 02' 56' 00" West 325.35 feet to the TRUE POINT OF BEGINNING, said point being the intersection with a non -tangent curve, concave to the southeast, having a radius of 2058.00 feet, a radial line to said point bears North 83' 28' 16" West. Said curve being concentric with, and 8.00 feet northwesterly of the northwesterly line of condemnation by the State of California, as per Parcel 1A in the Final Order of Condemnation recorded May 28, 1969, as Instrument No. 3655, in the Office of the County Recorder of said County, said curve being concave to the southeast, having a radius of 2050 feet; thence, leaving said easterly line and said westerly line of Newhall Avenue, along said concentric curve northeasterly through a central angle of 03' 59' 49" an arc length of 143.57 feet to a point on the easterly prolongation of the northerly line of Lot 1 of Grant Deed recorded September 11, 2019 as Instrument No. 20190938219 of Official Records in the Office of the County Recorder of said County; thence, along said easterly prolongation South 87' 04' 00" West 28.52 feet to the northeast corner of last said Lot 1, being also a point on the easterly line of said Lot 10 and the said westerly line of Newhall Avenue; thence, along last said easterly line and said westerly line of Sierra Highway, South 02' 56' 00" East 140.68 feet to the TRUE POINT OF BEGINNING. Street Vacation. Area = 1,886 sq ft CRC 3362, June 21, 2021 Packet Pg. 60 I 10.a I EXHIBIT V EXHIBIT MAP STREET VACATION IN THE CITY OF SANTA CLARITA, COUNTY STATE OF CALIFORNIA 10T JJ NORTHEAST CORNER LOT 1, R2 ku x I� ' 0' © B ' 0 a 30' 30' s0' J li Ll N87'04'00"E 217.95'. ` NORTHERLY LINE) LOT 1, R2 00 c0 i y� V T PROPOSED VACATION 0' ' 0� ;n cn I 0 T 1 F3 2 W 0 Q a Lu z� w ' R v.00, I LLj cD 0 O _00 N83"28'16. iy1/(RAD U j rK_ .4 w �! (N fr +r ��0 W • l I �Go ~ 0 1 L'j 4cn w ry II O I u 41 1 1 Q 4 �� 0• LO �- � 0 I �- 0 0 8 ,I LEGEND: OF LOS ANGELES, �I N W E s SCALE 1 "=60' R1 = TRACT 2703. M.B. 28, PGS 20-26 R2 = GRANT DEED RECORDED SEPTEMBEF 11, 2019 AS INSTRUMENT NO. 20190938219, O.R. R3 = PARCEL 1A FINAL ORDER OF CONDEMNATION RECORDED MAY 28, 1969 AS INSTRUMENT NO. 3655, O.R. CL = CENTERLINE E.C. = END OF CURVE POC = POINT OF COMMENCEMENT ROW = RIGHT OF WAY TPOB = TRUE POINT OF BEGINNING CURVE DATA A RADIUS LENGTH Cl 03'59'49" 2058.00 143.57 C2 51.40'51" 2050.00 1849.10 LINE TABLE BEARING I DISTANCE L1 S87.04'00"W 1 28.52 •`•�`�•• a' V Packet Pg. 61 1 10.b ctry of SANTA CLARITA N Location Map for Sierra West Assisted Living Feet VAC21-00002 0 75 150 Ry Legend I I b Street centerlines developed & maintained b Slope Vacation by City of Santa Clarita GIs The City of Santa Clarita does not warrant - Street Vacation the accuracy of the data and assumes no i liability for any errors or omissions. Remainder Slope Easement Map prepared by: City of Santa Clarita GIS Division # Parcel Boundary } . III Q:\PROJECTS\PW\221017a1\VAC21-00002 71 b T' . ' \.4 H HILL �ERHILL E � m ePNy 0 V O g' Y gS& y, Gc: C Packet Pg. 62 1