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HomeMy WebLinkAbout1988-11-10 - RESOLUTIONS - MAPLE ST VACATE (2)RESOLUTION NO. 88- 149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, VACATING A PORTION OF MAPLE STREET AT 800 FEET NORTHEAST OF WINDCREST PLACE IN THE CITY OF SANTA CLARITA, RESERVING EASEMENTS AND ATTACHING CERTAIN CONDITIONS. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita hereby finds and declares as follows: (a) This vacation proceeding is conducted pursuant to Sections 8320 through 8325 of the Streets and Highways Code of the State of California. (b) The City Clerk has published or posted Resolution No. 88- 60 , declaring the City Council's intent, in the manner required by Sections 8320 and 8322 of the Streets. and Highways Code and posted notices of vacation in the manner required by Section 8323 of the Streets and Highways Code. (c) The City is a newly incorporated City and has not yet adopted a General Plan, but is entitled to thirty (30) months following incorporation to adopt a General Plan, pursuant to Government Code Section 65302.5. (d) A hearing was conducted by the City Council on the vacation described in this resolution on May 26, 1988, at which time evidence relating to the proposed vacation was heard and considered by the City Council. (e) A second hearing was conducted by the City Council on the vacation described in this resolution on November 10, 1988, at which time further evidence relating to the proposed vacation was heard and considered by the City Council. The information received at both such hearings constitutes all evidence relating to the proposed vacation. (f) The City Council finds, from the evidence submitted at the hearings, that the portion of the street described in this Resolution is unnecessary for present or prospective public street uses. (g) In order to preserve public health, safety or welfare, the City Council shall reserve easements through the subject street for existing overhead and underground utilities and an easement for drainage purposes. (h) In order to preserve public health, safety or welfare, the City Council shall require the Homeowners' Association in the vicinity of the vacation ordered by this Resolution to provide and install a gate for emergency access purposes which shall be subject to the approval of the Police and Fire Departments of the City. (i) Further, in order to preserve public health, safety or welfare, the City Council shall require the Homeowners' Association to execute and record a valid, irrevocable offer to dedicate to the public use, for street and highway purposes, that real property in the City of Santa Clarita which is vacated pursuant to this Resolution. SECTION 2. The City Council of the City of Santa Clarita hereby vacates that portion of Maple Street at 800 feet northeast of Windcrest Place (M8888120), more particularly described in EXHIBIT A, which is attached hereto and incorporated herein by reference. A map showing the location of the proposed vacation is attached hereto as EXHIBIT B. Specifically reserved from this vacation are all existing overhead and underground utility easements and an easement for drainage purposes. Furthermore, prior to the recordation of this Resolution of Vacation, the Homeowners' Association in the vicinity of Maple Street at 800 feet northeast of Windcrest Place shall provide and install a gate for emergency access purposes which shall be subject to the approval of the Police and Fire Departments of the City, and shall execute a valid, irrevocable offer to dedicate that real property in the City of Santa Clarita, described in EXHIBIT A and which is vacated pursuant to this Resolution. Said irrevocable offer to dedicate shall only be accepted after a public hearing held by the City Council. -2- TBM/RES1506 SECTION 3. The City Clerk shall certify a copy of this Resolution and transmit the same to the County Recorder for recording only upon the satisfaction of all conditions within this resolution, particularly, that the Homeowners' Association in the vicinity of Maple Street at 800 feet northeast of Windcrest Place shall provide and install a gate for emergency access purposes and such gate shall be approved by the Police and Fire Departments of the City, and that the Homeowners' Association executes a valid, irrevocable offer to dedicate that real property in the City of Santa Clarita described in EXHIBIT A to this Resolution. PASSED, APPROVED AND ADOPTED this loth day of November , 1988 . I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita, at a regular meeting thereof, held on the loth day of November 1988 , by the following vote of the Council: AYES: COUNCILMEMBERS Boyer, Darcy, Heidt, Koontz, McKeon NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None Iv CLERK -3- TBM/RES1506