HomeMy WebLinkAbout2024-11-26 - RESOLUTIONS - SUMMARY VACATE OF LYONS AVE.. RESOLUTION NO.24-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, ORDERING THE SUMMARY VACATION OF: (1)
LYONS AVENUE LOCATED SOUTHERLY OF PLACERITA CANYON ROAD
AND NORTH OF THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY RAILROAD RIGHT OF WAY ALONG
WITH ASSOCIATED SLOPE AND DRAINAGE EASEMENTS; (2) A PORTION
OF PLACERITA CANYON ROAD EAST AND WEST OF ADEN AVENUE AND
OUTSIDE OF THE 40-FOOT RIGHT OF WAY THAT IS USED FOR
VEHICULAR TRAVEL AND CERTAIN ASSOCIATED SLOPE EASEMENTS,
AND (3) THE OFFER OF DEDICATION FOR PUBLIC ROAD PURPOSES FOR
NORLAND DRIVE FROM OAKS SPRINGS CANYON ROAD TO ITS
EASTERLY TERMINUS, SUBJECT TO CERTAIN RESERVATIONS,
BECAUSE THOSE PORTIONS OF LYONS AVENUE, PLACERITA CANYON
ROAD AND NORLAND DRIVE HAVE NEVER BEEN USED FOR PUBLIC
VEHICULAR TRAVEL, NO PUBLIC FUNDS HAVE BEEN SPENT ON
MAINTENANCE FOR MORE THAN FIVE YEARS, AND THOSE PORTIONS
ARE NOT REQUIRED FOR PUBLIC STREET PURPOSES, AND MAKING
FINDINGS PURSUANT TO CEQA IN CONNECTION THEREWITH
WHEREAS, "Lyons Avenue" is generally located southerly of Placerita Canyon Road
.•. and northerly of the railroad right of way owned by the Los Angeles County Metropolitan
Transportation Authority, and was acquired in fee by the County of Los Angeles (County) by a
series of acquisitions and dedications, and is legally described on Exhibit A and depicted on
Exhibit B, attached hereto and incorporated herein by this reference; and
WHEREAS, the ownership of Lyons Avenue is disputed and City of Santa Clarita (City)
and the County have negotiated a settlement of that dispute and are in the process of approving
an "Agreement of Real Property Transfer" by which Lyons Avenue and certain other County
property is being. transferred in fee to the City in exchange for the City transferring a two -acre
portion of City -owned land near the easterly terminus of Norland Drive; and
WHEREAS, Lyons Avenue is and has always been a "paper street" only, in that at no
time has "Lyons Avenue" ever been used for public street purposes, and at no time have any
public funds been expended on Lyons Avenue, and Lyons Avenue has been and is in an unpaved
and unimproved condition; and
WHEREAS, there are no in -place public service easements or public utility facilities in
use within Lyons Avenue but that the City intends to reserve: (i) an easement across a portion of
the vacated Lyons Avenue and Placerita Canyon Road for the benefit of the Southern California
Gas Company, which easement is legally described in Exhibit C and depicted in Exhibit D
attached hereto and incorporated herein by this reference, and (ii) an easement across a portion of
•� vacated Lyons Avenue and Placerita Canyon Road for the benefit of the Charter
Communications, which easement is legally described in Exhibit E and depicted in Exhibit F
attached hereto and incorporated herein by this reference; and
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WHEREAS, portions of Lyons Avenue are needed to be conveyed to adjoining private
property owners in exchange for other land owned by those property owners so as to assemble
sufficient land to construct the extension to Dockweiler Drive between its existing terminus on
the east and Railroad Avenue and 13th Street on the west; and
WHEREAS, "a portion of Placerita Canyon Road" commencing on the south side of, and
outside of, the 40-foot wide portion of that Road that is used for vehicular travel, which portion
begins west of Aden Avenue at the northerly terminus of Lyons Avenue and proceeding easterly
of Aden Avenue approximately 650 feet, together with a small portion on the north side of
Placerita Canyon Road westerly of Aden Avenue, and slope easements on each side of those
portions of Placerita Canyon Road, which portion has not been used for vehicular travel and is
not needed for the future use or widening of Placerita Canyon Road, and which portion is legally
described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by this
reference; and
WHEREAS, "Norland Drive" is generally located southerly of the Antelope Valley
(Route 14) Freeway, northerly of the Santa Clara River, and easterly of Oak Springs Canyon
Road and was offered for dedication as a "private and future street" on Parcel Map 18161,
recorded on February 15, 1989 in Book 215, pages 6 through 9 of the Official Records of the
County of Los Angeles, which offer was rejected by the County of Los Angeles but remained
open for later acceptance by the County and, upon incorporation, by the City; and ,^
WHEREAS, the offer of dedication of Norland Drive on Parcel Map 18161 as a "private
and future street" is construed by the City as including the right of the City to accept the offer
for public street purposes as distinguished from accepting the offer only for private street
purposes, and which the City, at the request of the County, the City is now willing to relinquish
subject to a reservation that allows the City and other property owners, including but not limited
to the Santa Clarita Valley Water Agency, that access their property by Norland Avenue to retain
an easement for ingress and egress to their property; and
WHEREAS, Norland Drive is legally described on Exhibit G and depicted on Exhibit H,
attached hereto and incorporated herein by this reference; and
WHEREAS, the City and the County have negotiated a land exchange agreement by
which the City will convey a two -acre portion of land located near the easterly terminus of
Norland Drive to the County; and
WHEREAS, in connection with the land exchange between the City and the County, the
County has asked the City to vacate Norland Drive as a possible future public street by vacating
the offer of dedication with respect to that potential street, and in connection with that vacation,
grant an easement to the County for ingress and egress across the City's land from Oak Springs
Canyon Road to the two -acre portion of land that is to be conveyed to the City; and
OMR
WHEREAS, Norland Drive is not a publicly dedicated street because the offer of
dedication has not been accepted by the County or the City, and therefore at no time has
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"Norland Drive" ever been used for public street purposes, and at no time have any public funds
been expended on Norland Drive as a public road, and Norland Drive has been and is only been
used as a City -owned but not publicly dedicated driveway for the use of the City; and
WHEREAS, there are no in -place public service easements or public utility facilities in
use within Norland Drive; and
WHEREAS, California Streets and Highways Code Section 8330 et seq. authorizes the
City to summarily vacate a street, highway, easements, or portions thereof, under specified
conditions, including pursuant to Streets and Highways Code Sections 8331 and 8334, if for a
period of five consecutive years, the street, highway or easement has been impassable for
vehicular travel, and no public money was expended for maintenance on the street, highway or
easement during such period; and
WHEREAS, pursuant to the Agreement of Real Property Transfer between the City and
the County, the City will become the undisputed owner of Lyons Avenue and Placerita Canyon
Road upon the close of escrow as provided in that Agreement; and
WHEREAS, pursuant to Government Code Section 65402, on October 31, 2024 the
Community Development Director for the City of Santa Clarita found and determined that the
proposal to vacate "Lyons Avenue" and "a portion of Placerita Canyon Road" is in conformity
with the City's General Plan; and
WHEREAS, pursuant to Government Code Section 65402, on October 31, 2024 the
Community Development Director for the City of Santa Clarita found and determined that the
proposal to vacate "Norland Drive" is in conformity with the City's General Plan; and
WHEREAS, staff has reviewed this resolution with respect to the applicability of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA).
Staff has determined that an Addendum to the City's previously certified Environmental Impact
Report (EIR) (State Clearinghouse No. 2013082016) for the Dockweiler Extension Project is
appropriate for this transaction; and
WHEREAS, on November 26, 2024, the City Council approved the Addendum to the
City's previously certified EIR for the Dockweiler Extension Project. City staff has determined
that the proposed vacation of Lyons Avenue and Norland Drive as described in this Resolution is
within the scope of and are consistent with the project described in the Dockweiler Drive
Extension Project EIR, together with the approved Addendum; and
WHEREAS, the accompanying agenda report provides supporting information upon
which the declarations and findings set forth in this resolution are based.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The City Council specifically finds that the facts and determinations set
forth above in the Recitals are true and correct.
13001-0007U935914v9.doc Page 3 of 6
SECTION 2. The City Council of the City of Santa Clarita finds, pursuant to CEQA and
State CEQA Guidelines that the vacation of Lyons Avenue is within the scope of and consistent
with the project described in the Dockweiler Drive Extension Project EIR, together with the
approved Addendum.
SECTION 3. The City Council has reviewed and considered the Community
Development Director's determination and finds that the proposed vacation of Lyons Avenue
and Norland Drive is in conformity with the General Plan of the City of Santa Clarita, including
the Circulation Element.
SECTION 4. Based on the evidence and facts set forth in the above Recitals and record,
pursuant to Streets and Highways Code Sections 8331, et seq., the City Council of the City of
Santa Clarita hereby summarily vacates and abandons "Lyons Avenue," including the associated
slope and drainage easements, and "a portion of Placerita Canyon Road" as legally described on
Exhibit A and depicted on Exhibit B, attached hereto, on the basis that "Lyons Avenue" and "a
portion of Placerita Canyon Road" have been impassable to vehicular traffic for more than five
years, no public funds have been expended on "Lyons Avenue" or "a portion of Placerita Canyon
Road" for more than five years, and "Lyons Avenue" and "a portion of Placerita Canyon Road"
is unnecessary for present or prospective street or highway purposes, subject to the reservations
and exceptions, if any, for any existing easements and/or utilities on record and the reservation of
an easement to the Southern California Gas Company, as legally described in Exhibit C and ^
depicted on Exhibit D and the reservation of an easement to Charter Communications, as legally
described in Exhibit E and depicted on Exhibit F.
SECTION 5. Based on the evidence and facts set forth in the above Recitals and record,
pursuant to Streets and Highways Code Sections 8331 et seq., the City Council of the City of
Santa Clarita hereby summarily vacates and abandons the offer of dedication for public street
purposes for "Norland Drive" as legally described on Exhibit G and depicted on Exhibit H,
attached hereto, which offer was contained in the offer of dedication for private and future street
purposes on Parcel Map 18161, on the basis that: (i) the offer of dedication for "Norland Drive"
as a private and future street has not been accepted by either the County or the City and it is
currently not a publicly dedicated road, (ii) that because it's not a public road, it has been
impassable to public vehicular traffic for more than five years, (iii) no public funds have been
expended on "Norland Drive" for public road purposes for more than five years, (iv) "Norland
Drive" is unnecessary for present or prospective public street or highway purposes, and (v)
"Norland Drive" lies wholly within the boundaries of land owned by the City and does not
continue through to touch the property of another person or entity except for the property of the
Santa Clarita Valley Water Agency for which access is provided by the retention of the right of
access in Norland Drive as a private street and by an access easement reserved in a deed to a
parcel of land from the City to the County of Los Angeles along that access route.
SECTION 6. The City Council hereby orders and directs that this Resolution shall be
recorded immediately after the following two events: (i) the recordation of the quitclaim deed by
which the County transfers all rights, title and interest in Lyons Avenue and a portion of
Placerita Canyon Road to the City; and (ii) the recordation of the quitclaim deed by which the
13001-000M9359149.doc Page 4 of 6
ON% City transfers all rights, title and interest in the two -acre portion of land at the easterly end of
Norland Avenue to the County. From and after the date of recordation of this Resolution, the
vacated Lyons Avenue and the vacated portion of Placerita Canyon Road shall no longer
constitute a public street. In addition, from and after the date of recordation of this Resolution,
the offer of dedication for Norland Drive to become a future public street that was provided on
Parcel Map No. 18161 is vacated.
SECTION 7. If any section, subsection, sentence, clause, phrase or word of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Resolution. The City Council hereby declares
that it would have adopted this Resolution and each and every section, subsection, sentence
clause or phrase not declared invalid or unconstitutional without regard to any such decision or
legislation.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
SECTION 9. Within fifteen (15) days of the adoption of this Resolution the City Clerk
give written notice of the vacation to any local agency requesting such notice pursuant to the
applicable law.
SECTION 10. The officers and staff of the City are hereby authorized, jointly and
0=4 severally, to do all things which they may deem necessary or proper to effectuate the purposes of
this resolution, and any such actions previously taken are hereby ratified and confirmed.
PASSED, APPROVED, and ADOPTED this 26t' day of November, 2024.
MAYOR
ATTEST:
CITY CLERK
X11
J
DATE:
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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 No. 24-75 was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 26t` day of November, 2024, by the following vote:
AYES: COUNCILMEMBERS: Miranda, Gibbs, Smyth
NOES: COUNCILMEMBERS: McLean
ABSENT: COUNCILMEMBERS: None
RECUSE: COUNCILMEMBERS: Weste
L�D
CITY CLERK
n
13001-00OM9359149.doc Page 6 of 6
EXHIBIT A
LYONS AVENUE and A PORTION OF PLACERITA CANYON ROAD
LEGAL DESCRIPTION OF AREAS TO BE VACATED
Portions of Land in the City of Santa Clarita, County of Los Ange. es. State of California. being
described as follows:
A. Parcel 12.14 (Lyons Ave}, Parcels 12-14D.1 and 12-14D.2 (Drainage Easements) described
in the final order of condemr;ation recorded January 24, 1972 per Instrument No. 2714 of
Official Records in the Office of Vie County Recorder of said County.
B. Parcels 3, 4, and 5 (Shope Easements) described in the easement deeds recorded
September 4, 1974 per Instrurent Nos. 3184, 3185. and 3186 of Offcal :Records an the
Office of the County Recorder of said County.
C. Parcel 12-15x (Lyons Ave). Parcels 12-15S.1 and 12-75S.2 (Slope Easements) for road
purposes as described in the deed recorded October 14, 1970 per Instrument No. 2999 of
Official Records in the Office of the County Recorder of said County.
D. Parcel 8-18X (Placerta Canyon Road) and Parcel 8-18S.1 (Slope Easement) for road
purposes described in deed recorded January 21, 1971 per instrument No. 2658 of Offidai
Records in the Office of the County Recorder of said County-
E. Parcel 8-19 (Placenta Canyon Road Easement). Parcels 8-19S.1 and 8-19S.2 ±Shope
Easements) for road purposes as described in the permanent road easement deed recorded
January 21. 1971 per Instrument No. 2660 of Official Records in the Office of the County
Recorder of said County_ Reserving ther€frorr that aoftion of Placenta Canyor Road (40.00
feet wide), also being known as Lot D per Tract No. 1274_ as shown on neap filed in Book
18. Pages 110 and 1' 1 of wisps in the Office of the County Recorder of said County.
F. Parcel 8-23 (Placenta Canyon Road) and Parcel 8-23S.1 iSiope Easement) for road
purposes described in deed recorded April 1, 1971 per Instrument No. 3927 of Official
Records in the Office of thte County Recorder of said County.
G. Parcel 8-24 (Placerta Canyon Road) and Parcel 8-24S.1 ;Scope Easement) for road
purposes described in deed recorded October 6, 1970 per instrument No. 3310 of Official
Records in the Office of the County Recorder of said County.
H. Road deed recorded June 15. 1967 per Instrument No. 3592 of Official records in the Office
of the County Recorder of said County.
Signature:
Share C_ Sobecki. PLS
EXHIBIT B
LYONS AVENUE and A PORTION OF PLACERITA CANYON ROAD
DEPICTION OF AREAS TO BE VACATED
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EXHIBIT C
RESERVATION OF EASEMENT FOR SOUTHERN CALIFORNIA GAS COMPANY
LEGAL DESCRIPTION OF RESERVED EASEMENT
[To be inserted prior to recordation]
13001-0007\2935914v9.doc
EXHIBIT D
RESERVATION OF EASEMENT FOR SOUTHERN CALIFORNIA GAS COMPANY
DEPICTION OF RESERVED EASEMENT
(To Be Replaced With Legal Sketch Prior to Recordation)
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Reserve 5'
wide easement
for 1" gas lime `
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wide easement
for 2 gas fine
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EXHIBIT E
RESERVATION OF EASEMENT FOR CHARTER COMMUNICATIONS
LEGAL DESCRIPTION OF RESERVED EASEMENT
[To be inserted prior to recordation]
13001-0007\29359149.doc
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EXHIBIT F
RESERVATION OF EASEMENT FOR CHARTER COMMUNICATIONS
DEPICTION OF RESERVED EASEMENT
(To Be Replaced With Legal Sketch Prior to Recordation)
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FCeaseme.,orChart r
ommunic 'ons
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13001-OOO7\2935914v9.doc
EXHIBIT G
NORLAND DRIVE
LEGAL DESCRIPTION OF AREA TO BE VACATED
A portion of land in the City of Santa Clarita, County of Los Angeles, State of California, being
Norland Drive (Private and Future Street) as shown per Parcel Map No, 18161, as per map filed
in Book 215, Pages 6 to 9 of Parcel Maps in the Office of the County Recorder of said County.
Signature_
Shane C. Sobecki, PLS
Date:
Ot`P ti q=y?_
a SHAME C.. SOBECKI M
No. 9i91 �
mom
13001-0007\2935914v9.doc
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EXHIBIT H
NORLAND DRIVE
DEPICTION OF AREA TO BE VACATED
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11 NOR -AND DR
(PR V.A,tt 3.=JT;,'RE STREET)
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'JEWHAL_ CO. WATER DIST.
WELL S°TE *2 (NOT A aART,,
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INST. NO. D5086264C
PARCEL C
RE==P,EVCE
PARCEL VAP NO." 8161
BCCK 215, PAGE: 6
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