HomeMy WebLinkAbout1994-09-27 - AGENDA REPORTS - SANTA CLARA RIVER BIKE TRAIL ROWItem to be presente by:
Rick Putna g- 2�
CONSENT CALENDAR
DATE: September 27, 1994
SUBJECT: Santa Clara River Bike Trail - Right -of -Way Acquisition
DEPARTMENT: Parks, Recreation, and Community Services
BACKGROUND
The Parks, Recreation, and Community Services Department, through the direction of the General Plan
and the Santa Clara River Study, is continuing to procure easements within the Santa Clara River,
necessary to develop the Santa Clara River Trail.
Phase I of the Santa Clara River Trail will start 300 feet east of the Soledad bridge and will travel eastward
to the Sierra Highway bridge on the north side of the river. Staff, with the assistance of a consultant, has
identified all parcel owners and is negotiating procurement of the easements, which include several
hundred feet of the river bottom. The parcels identified in this report are needed to construct Phase I of
the Santa Clara River Trail
A copy of the easement documents and the first amended License to Enter Upon Real Property Agreement
are on file in the City Clerk's Office. Upon City Council approval, the documents will be signed and
recorded by the parcel owner. The parcels are as follows:.
• Parcel Number 1: 2803-028-007
• Parcel Number 2: 2803-028-008
Due to delays caused by the earthquake, the recent change of ownership of these parcels, and the need
to complete construction before winter rains begin, it was necessary to enter into a License to Enter Upon
Real Property Agreement. The agreement was executed by the City Manager.
The agreement and easements were negotiated at no cost to the City for the use of these properties.
The City Attorney has reviewed and approved the license agreement and the easements.
RECOMMENDATION
1. City Council review, approve, and accept the easements identified in this report; and direct staff to
record the easements.
2. City Council ratify the first amended License to Enter Upon Real Property Agreement.
REP:RJL.dis APPROVED
council/agsorVw.rjl
" j da Item:
AGENDA REPORT
City Manager Approval
Item to be presented by:
Rids Putnam
CONSENT CALENDAR
DATE: September 27. 1994
SUBJECT: Santa Clara River Bike Trail - Right -of -Way Acquisition
DEPARTMENT: Parks. Recreation, and Community Services
BACKGROUND
The Parks. Recreation, and Community Services Department, through the direction of the General Plan
and the Santa Clara River Study, is continuing to procure easements within the Santa Clara River,
necessary to develop the Santa Clara River Trail.
Phase I of the Santa Clara River Trail will start 300 feet east of the Soledad bridge and will travel eastward
to the Sierra Highway bridge on the north side of the river. Staff, with the assistance of a consultant, has
identified all parcel owners and is negotiating procurement of the easements, which include several
hundred feet of the river bottom. The parcels identified in this report are needed to construct Phase I of
the Santa Clara River Trail.
A copy of the easement documents and the first amended License to Enter Upon Real Property Agreement
are on file in the City Clerk's Office. Upon City Council approval, the documents will be signed and
recorded by the parcel owner. The parcels are as follows:
• Parcel Number 1: 2803-028-007
• Parcel Number2: 2803-028-008
Due to delays caused by the earthquake, the recent change of ownership of these parcels. and the need
to complete construction before winter rains begin. it was necessary to eater into a License to Enter Upon
Real Property Agreement. The agreement was executed by the City Manager,
The agreement and easements were negotiated at no cost to the City for the use of these properties.
The City Attorney has reviewed and approved the license agreement and the easements.
RECOMMENDATION
City Council review, approve. and accept the easements identified in this report: and direct staff to
record the easements..
2. City Council ratify the first amended License to Enter Upon Real Property Agreement.
REP.RJL.dis
s=nm agscr •e
RECORDING REQUESTED BY:
f,
City of Santa Clarity
Parks, Recreation, & Community Services.
WHEN RECORDED MAIL TO:.
CITY OF SANTA CLARITA
PARKS, RECREATION, & COMMUNITY SERVICES
23920 VALENCIABLVD., SUITE 120
SANTA CLARITA, CA 91355
Space above this line for Recorder's use
ID ✓_I \I �►1,1�
For a Valuable Consideration, receipt of which is hereby acknowledged,
does hereby grant to the City of Santa Clarita an easement for, and the right to construct, maintain,
operate, and use a Multi -Use Trail and appurtenant structures in and across the real property in
the City of Santa Clarity, County of Los Angeles, State. of California, described as
LEGAL DESCRIPTION FOR BIKE PATH EASEMENT NEAR SIERRA HIGHWAY OVER A.P.N::
2803-028-007
That portion of lot 6 and that portion of the northeast 114 of the southwest 1/4, all in section 21. T 4 N, R 15
W, S.B.M., according to the. official plat of said section, filed in the district land office on May 29, 1901,
described as follows:
The following is portion of parcel 2 as described in dyed recorded as instrument. no. 81-25212 on
January 12, 1981.
Commencing at the southeast corner of lot 1,. tract no.: 21987, in the City of Santa Clarlta, County if Gis
Angeles, State of California, as per map filed in hook 642, pages 82 to 84 inclusive, of maps; thence along the
southerly line of said tract no. 21987, South 87" 32' 51" West 260,04 feet; said point being the most
northeasterly comer of said parcel 2 of instrument no. 81-25212; thence South 0" 07' 31" East 416.90 feet to
the true point of beginning; thence South 0" 07' 31" East 68.88 feet; thence North 72" 18' 09" East 446.07
feet;. thence South 88' 06' 04" East 190.98 feet to the northwesterly line of Sierra Highway, 100 feet wide, as
said Sierra Highway is described in deed recorded in book 15683, page 65 official records;: thence along said
northwesterly line South 20' 26' 36" West 193.46 feet to the easlerh prolongation of the southerly line of the
northeast 1/4 of said southwest 1/4 of sectinn 21; thence along said southerly line. South 89' 17' 16" West
1169.21 feet to the. westerly line of land described in hook 6614, page 259 of deeds, recordsof said comas'.
thence along said westerly line North 009' lo' West 13.64 feel: Ihivn,- North 84' 1t'59" Fao fill, 76 feel:
thence North 78' 26' 21" East 582.05 feet. to the truN point of beginning.
The basis of bearings for the above description are based upon the easterly line of the southwest 1/4 of section
21 shown as North 0° 06' 46" West on map of tract no. 40583 as per map recorded in book 1040, page 86.
Together with the right to enter upon and to pass and repass over said easement and right
of way and to deposit tools, implements, and other materials, thereon, by said City, its officers,
agents, and employees, and by any contractor, his agents and employees, engaged by said City
whenever and wherever necessary for the purposes above set forth.
It is understood that each undersigned grantor grants only that portion of the above described
land in which said grantor has an interest.
For
19
Note:. Acknowledgment forms on reverse side..
RECORDING REQUESTED BY:
City of Santa Clarity
Parks, Recreation, & Community Services
WHEN RECORDED MAIL TO:
CITY OF SANTA CLARITA
PARKS, RECREATION, & COMMUNITY SERVICES
23920 VALENCIA BLVD., SUITE 120
SANTA CLARITA, CA 91355
Space above this line far Recorder's its. -
EASEMENT
For a Valuable Consideration, receipt of which is hereby acknowledged,
does hereby grant to the City of Santa Clarita an easement for, and the right to construct, maintain,
operate, and use a Multi -Use Trail and appurtenant structures in and across the real property in
the City of Santa Clarita, County of Los Angeles, state of California, described as
LEGAL DESCRIPTION FOR BIKE PATH EASEMENT NEAR SIEItRA HIGHWAY OVER A.P.N.:
2803-028-008
That portion of lot 6 and that portion of the northeast 1/4 of the southwest 1/4, sit in section 21,T4 N, R 1.5
W, S.B.M., according to the official plat of said section, filed in the district land nRice on May 29, 1901,
described as follows:
The following is portion of parcel 1 as described in deed recorded its instrument. no. 8125212 on
January 12, 1981.
Commencing at the southeast comer of lot 1, tract no.. 21987, in the City of Santa Clarity, County of law
Angeles, State of California, as per map filed in book 642, pages 82 to 84 inclusive, of maps; thence along the
southerly line of said tract no. 21987, South 87"32' 51" West 260.04 feet; thence South 0" 0731" Fast 41690
feet to the true point of beginning, said point being on the westerly line of said parcel I of instrument no,.
81-25212; thence North 79" 28' 40" East 306.51 feet to beginning of a tangent, curve, concave :soulherly and
having a radius of 1275 feet; thence easterly along said curve through a central angle of to` 1)8' IF,', 22`: r�'l
feet; Thence tangent to said curve North 88' 36' 55" East. 40.00 feet; thence North 43" 3fi' 55" East 21 'l1 It-, L
thence North 1" 23' 05" West 12.00 feet; thence North H8" 36' 55" East 58.311 feetto the Northwesterly bne of
Sierra Highway, 100 feet wideas described in deed recorded io book 15583, ling, fi5; thence along said
northwesterly line South 20" 26' 36" 59.64 feet to the southeasterly corner or said aforementioned parcel I `
thence along the southerly lines of said parcel I fallowing courses; North 88a1f 114" West Han 98 fret; South
72' 18' 09" West 446.07 feet to the southwesterly corner thereof. dwoee:dong Ilie, wt�nt,rly liar of soul parcel
I North 0" 07' 31" West 68.88 feet to the point of beginning.
The basis of bearings for the above description are based upon the easterly line of the southwest 1/4 of seclion
21 shown as North 0" 06' 46" West on map of tract on. 405M as per nap recorded in book 10411, page 86,
Together with the right to enter upon and to pass and repass nver acid easement. and righl
of way and to deposit tools, implements, and other materials, thereon, by said Pity, its offimrs,
agents, and employees, and by any contractor; his agents and employees, engaged by said Cily
whenever and wherever necessary for the purposes above set. fin (11
It is understood that each undersigned grantor gran) s fail v I hnl port ion of l he above described
land in which said grantor has an interest.
Dated: , 19
For
Note: Acknowledgment forms on reverse side...
GERNSBf#ER�-h1cGfRRIQE Fax:310-281-0755 kig 19 '94 11:33 P.02/03 .
2. Any quitclaim deed granted by the City to re -convey to fee owner the
interest in the fee owner's property conveyed to the City by reason of the easement shall be
granted with title subject to the same exceptions as originally conveyed by fee owner to the City.
The following provisions shall be set forth verbAtim in the grant of
easement:
a. The easement granted hereunder shall be for a pedestrian, biking
and/or equestrian trail and the construction and maintenance thereof and for no other purpose.
As an express condition precedent to the granting of the easement, the City covenants that in the
event it seeks to acquire any interest in fee owner's property other than as set forth hereunder,
including, without limitation, an easement for access to the easement granted hereunder, the City
may only seek to acquire said interest(s) through a bona fide arms -length purchase for value.
b. Any permits required for the improvement, maintenance or repair
of any of the foregoing easements, including any equestrian trails to be located in or along the
easement, will be applied for and obtained by the City at its sole expense, but with the
cooperation and support of the fee owner. but at no expense to the fee owner.
c_ The City shall be solely responsible for the replacement,
improvement and landscaping of any affected trails (pedestrian. bildng and/or equestrian)
("Permanent Flood Control Trails") beyond the standard maintenance requirements imposed and
performed by the Los Angeles County Flood Control District for flood control structures,
fencing and service roads.
d. The City hereby agrees to indemnify, defend and hold the fee
owner, its partners, officers, directors, shareholders, employees, agents and representatives
harmless from any and all claims, actions, suits, demands, judgments, debts, losses, damages,
liabilities, costs and expenses, including attorneys' fees and costs, and including, without
limitation, personal injury and real and personal property damage and subsidence damages,
which may arise, directly or indirectly, from the use (including construction, improvement,
maintenance and repair) by the City or its contractors, subcontractors, agents, employees or
other persons acting on the City's behalf or from the, use by the public of the easement area.
e. The City at its sole expense shall keep the easement and appurtenant
areas in good repair and free of weeds and :rash.
f. Fee owner hereby reserves the right, and the City hereby
grants to fee owner the right and authority, subject to the
conditions described below, to temporarily (not to exceed 120
days) close all or a portion of the easement area for a total
number of days not to exceed 120 days during a three year period
in connection with the development, maintenance, repair and/or
construction activities within the easement area.
Notwithstanding the above, fee owner shall be entitled to
exercise its right to temporarily close the easement area only if
fee owner provides a ninety day written notice to the City of its
intent to temporarily close the easement area.
Fee owner hereby reserves the right, and the City hereby grants
to fee owner the right and authority, to temporarily relocate the
easement area in connection with development, maintenance, repair
and/or construction activities within the easement area if such
activities are expected to require the closure of -all or a
portion of the easement area for more than 120 days. Should fee
owner temporarily relocate the easement area, said temporary
relocated easement area shall be fully useable and connected with
adjoining trail easement during the entire period of said
temporary relocation. Following the completion of any
development, maintenance, repair and/or construction activities,
which necessitate temporary relocation, fee owner shall, at its
sole cost and expense, restore any affected easement area to its
condition prior to the commencement of such activities.
g. The easement granted hereunder shall terminate upon the
filing of an action in eminent domain against the fee owner for
the property which is the subject of this easement, and the value
of such property shall be determined as it existed on the date of
such filing.
h. Each of these provisions a. through h. shall run with the
land and be binding on the City's and fee owner's successors and
assigns.
L _.l Od8451
L A06269.6
FIRST AMENDED LICENSE TO ENTER UPON REAL PROPERTY
Pacific Park Associates, L.L.C., a Nevada limited
liability company, hereinafter "Owner," the fee owner of the real
property described in Attachment 1, attached hereto and incor-
porated herein by this reference (the "Property"), hereby conveys
to the City of Santa Clarita, hereinafter "Licensee," a non-
exclusive license and right to enter upon the Property, and the
right of ingress and egress to and from the Property, ..for the
purposes of constructing a pedestrian, biking and/or equestrian
trail ("Bike Path") on the Property. This First Amended License
To Enter Upon Real Property supercedes all prior licenses between
the parties relating to the Property.
This license shall be utilized in accordance with the procedures,
conditions and limitations hereinafter described..
The term of this License shall be from August 26, 1994
to September 30, 1994. The term of this License may be extended
upon written request from Licensee and written approval thereof
by Owner.
In consideration of the granting of this License,
Licensee hereby agrees as follows:
1. Licensee shall not alter or damage Owner's proper-
ty, except for those areas to be affected by the use permitted
hereby, and then only to the extent that such alteration or
damage is reasonably necessary to accomplish the permitted uses.
Licensee shall return any property of Owner altered or damaged by
Licensee, except for those areas to be affected by the use
permitted hereby, to the same or better condition as existed
prior to the entrance of Licensee thereon.
2. Licensee expressly acknowledges that the
construction of the Bike Path shall be at no cost to Owner.
3. Licensee shall indemnify, assume the defense of
and hold free and harmless the Owner, its officers, directors,
partners, agents, and employees (collectively,,"Owner") from any
and all obligations, claims, liability, liens, damages, demands,
costs or causes of action whatsoever, and any and all attorneys'
fees and expenses incurred by the Owner in any way due to or
arising out of Licensee's entrance upon or use of Owner's
Property, or the conduct or activities thereon by Licensee, its
agents, servants, contractors, employees and invitees.
4. Licensee shall provide Owner with a certificate of
insurance policies evidencing the following Comprehensive General
Liability insurance coverage as follows:
a. Self -Insured Retention of $250,000 per occurrence;
-1-
b. Excess Public Entity Liability coverage of $1,000,000
CSL per occurrence; and
C. Public Entity errors and omissions coverage of
$1,000,000 limit in annual aggregate.
In addition, Licensee shall provide to Owner evidence
of Workers' Compensation Insurance or Workers' Compensation Self -
Insurance coverage of all persons involved in any way .with the
construction activities on the Property.
5. Licensee's activities on the Property shall be
limited to the activities reasonably required to effectuate the
purposes set forth above. Licensee shall take the reasonable
actions to assure that the unauthorized entrance to or use of
Owner's Property by anyone other than Licensee, its employees,
invitees, guests, contractors and their employees does not occur.
6. Licensee's use of Owner's Property pursuant to
this License shall be subject to reasonable rules and regulations
as may be prescribed by Owner's representative, including, but
not limited to, such matters as location and storage of equipment
and materials and protection of property, structures and other
things of value.
7. Licensee will take all reasonable and necessary
steps not to disturb or disrupt the mobile home residents at the
Property including, without limitation, the following steps:
a. confining construction activity at the Property to
the hours of 8:00 a.m. to 4:00 p.m. Mondays -
Fridays, and Saturdays from 10:00 a.m. to 3:00
p.m. (no work on Sundays);
b. clearing away all construction debris on a daily
basis;
C. hosing down construction site to prevent dust;
d. installing a dust barrier cloth five feet high on
Owner's fence between the Owner's mobilehome park
and the Property; and
e. providing Owner with a physical survey showing
easementarea and marking off said area within
seven (7) days of the execution of this License.
8. The Easement Agreement Terms attached hereto as
Exhibit "A" shall be binding upon the Licensee throughout the
term of this License.
L _a!106269.6 - z -
10. Licensee hereby releases Owner from any claim for
the alleged value of any construction work on the Property
contemplated in this License.
11. In the event any contractor or subcontractor of
Licensee's shall attempt to place a lien on the Property,
Licensee shall promptly take all steps necessary, including the
posting of a bond, to cause the immediate removal of such lien.
12. Licensee agrees that nothing in this License
entitles Licensee or its successors or assigns to assert the
right to an easement upon the Property.
13. This License and all terms thereof shall be
effective and binding as of August 26, 1994.
IN WITNESS WHEREOF, the parties hereto have executed
this License on this day of September, 1994.
OWNER:
By:
APPROVED AS TO FORM:
CITY ATTORNEY
L _-':106268.6 - 3 -
LICENSEE:
By:
CITY MANAGER