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Home My WebLink About1990-08-28 - AGENDA REPORTS - DEVELL ROAD VACATE (2)0 AGENDA REPORT City Manager Approval Item to be presented John E. Medina.��7iG./ PUBLIC HEARING DATE: August 28, 1990 SUBJECT: IRON CANYON AND SAND CANYON ROAD (VICINITY) DEVELL ROAD VACATION Resolution Number: 90-169 DEPARTMENT: Public Works BACKGROUND The City Council in itsmeeting of July 24, 1990 set this date for consideration of the vacation of Devell Road. The vacation of this road has been requested by a property owner whose lot is encumbered by the easement for the private and future street for Devell Road. As provided in the Street Vacation Act, a portion of a road may be vacated if it is determined that it is no longer necessary for public use. Since the easement was originally granted for street purposes, it is appropriate to conduct the public hearing to consider vacation of the offer for road easement. The Planning Commission has approved Tract No. 41812 along the southerly portion of Devell Road and has recommended the vacation of Devell Road within that tract. When Tract No. 41812 records, there will be no purpose for the northerly section of Devell Road. All of the lots served by Devell Road or adjacent to it have access to either Iron Canyon Road or Warmsprings Drive. This road is not necessary to provide access to specific parcels. If Devell Road were improved, it would provide an alternate access route to Sand Canyon Road for residents along Iron Canyon Road and Warmsprings Drive. However, the grading for the construction of Devell Road would impact existing houses and structures. Resolution No. 90-141 declaring the intention of the City Council to vacate a portion of Devell Road was approved on July 24, 1990 and established August 28, 1990 at 6:30 p.m. as the date and time for a public hearing on this issue. Public notices have been published and posted as required by the Government Code. The utility companies have been notified of the proposed vacation so that they mayreserve any utility easements they may require. At this public hearing, any and all persons interested in or objecting to the proposed vacation may appear before the City Council to be heard. Adopted: Agenda Item:__,___ 0 Devell Road Vacation August 28, 1990 Page 2 RECOMMENDATION 0 The City Council conduct the public hearing and approve Resolution No. 90-169 vacating a portion of Devell Road as described and shown on "Exhibit A", and instruct the City Clerk to cause the resolution to be recorded. ATTACHMENTS Resolution No. 90-169 Exhibit A Exhibit B /tw 0 RESOLUTION NO. 90-169 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, VACATING A PORTION OF DEVELL ROAD RESERVING EASEMENTS FOR PACIFIC BELL FOR COMMUNICATION FACILITIES IN THE CITY OF SANTA CLARITA WHEREAS, Devell Road is not currently improved or necessary to provide access to specific parcels and all parcels within that area are served by other improved means of access; and WHEREAS, the City Council adopted Resolution No. 90-141 declaring its intention to vacate Devell Road and establish August 28, 1990 at 6:30 p.m. as the date and time for the public hearing. WHEREAS, notices of public hearing were published and posted as required. WHEREAS, Pacific Bell will retain an easement for its communication facilities within the right-of-way and all other utility companies have no objections to the vacation; NOW, THEREFORE, pursuant to the provisions of the "Street Vacation Act of 194111, being Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Santa Clarita, California, does resolve, declare, determine, and order as follows: Section 1. That it is hereby found and determined that a portion of Devell Road legally described in Exhibit A and as shown. by the map in Exhibit B attached hereto- and incorporated herein by this reference, which real property is located in the vicinity of the Newhall area in the City of Santa Clarita, in the County of Los Angeles, State of California, is no longer needed for present or prospective use based upon the following facts: That the subject rights-of-way do not cut off access to the properties of any persons and does not terminate a public service easement; that the subject rights-of-way are excess rights-of-way not required for street or highway purposes and that the subject rights-of-way are not required for general public access or circulation or for bicycle paths or trails. Section 2. That the public easements in, over, and across said property for street and highway purposes legally described in Exhibit A attached are vacated pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code, State of California, commencing with Section 8330; reserving and excepting therefrom easements for Pacific Bell for communications facilities and all other affected utilities as required, as set forth in Sections 8340 and 8341 of said Streets and Highways Code. Resolution No. 90-169 Page 2 Section 3. That the City Clerk of the City Council be instructed to record the certified original resolution in the office of the Registrar -Recorder of the County of Los Angeles, at which time the area vacated will no longer be a public road. There foregoing resolution was on the day of 19_, adopted by the City Council .of the City of Santa Clarita, and ex officio the governing body of all other special assessment and taxing districts for which said Council so acts. PASSED, APPROVED AND ADOPTED THIS ATTEST: City Clerk Executive Officer -Clerk -of the City Council of the City of -Santa Clarita By Deputy day of , 19 Mayor I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Santa Clarita, at a regular meeting, therefore, held on the day of , 19_, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS City Clerk NOTICE OF PUBLIC HEARING DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF DEVELL ROAD FROM IRON CANYON ROAD TO WARMSPRINGS DRIVE IN THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita for the declaration of intention to vacate a portion of Devell Road from Iron Canyon Road to Warmsprings Drive in the City of Santa Clarita. The hearing will be held by the City Council in the City Hall Council` Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 28th day of August, 1990, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City.Clerk's Office, Santa Clarita City Hall, 23920 Valencia blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order of vacation, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or the City Council, at, or prior to, the public hearing. Dated: August 2, 1990 Donna M. Grindey City Clerk Publish Date: August 6, 1990 August 13, 1990 PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision AFFIDAVIT OF POSTING IN THE MATTER OF VACATION OF A PORTION OF REVELL ROAD IN THE CITY OF SANTA CLARITA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) James R. Van Winkle,- being first duly sworn upon his oath, deposes and says: That he is and was at all times in this affidavit mentioned, a male citizen of the United States, over the age of twenty—one years; that on the 24th day of July, 1990, the City Council of the City of Santa Clarita in the matter of the public highway vacation passed a Resolution of Intention to order the vacation of a portion of Devell Road, as more particularly described in said Resolution. That after the adoption of said Resolution of Intention, at the request of and by the direction of the City Clerk of the City of Santa Clarita, he caused to be posted conspicuously along the line of said Vacation, notices of the passage of said Resolution of Intention, headed, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF REVELL ROAD IN THE CITY OF SANTA CLARITA", a copy of said Notice being attached hereto and being made a part hereof; that all of said Notices were posted less than 300 feet in distance apart from each other and not less than three of said notices were so posted on those portions, of such public highway to be vacated and vicinity thereof. That he caused the posting of said notices and that the posting was completed on Friday, August 16, 1990, whereupon he made this affidavit and filed it with the City Clerk of the City of Santa Clarita, County of Los Angeles. James R. Van Winkle City Engineer City of Santa Clarita subscribed and sworn to before me, the day of , 1990. EXHIBIT A LEGAL DESCRIPTION FOR DEVELL ROAD VACATION THAT PORTION OF DEVELL ROAD, A PRIVATE AND FUTURE STREET 60 FEET WIDE, AS SHOWN ON PARCELS 2 AND 3 OF PARCEL MAP NUMBER 6987 IN THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA AS PER BOOK 98, PAGES 53 AND 54, OFFICIAL RECORDS, COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS: BEGINNING AT THE'SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 SOUTH 70 43' 02" EAST 32.98 FEET, THENCE NORTH 05 15' 30" WEST 132.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 320.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 37 40 AND AN ARC LENGTH OF 109.62 FEET; THENCE NORTH TANGENT TO SAID CURVE NORTH 14 22 10 EAST 36.03 FEET TO THE BEGINNING Of A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 13.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 09 17. AND AN ARC LENGTH OF 20.23 FEET TO A POINT ON THE SOUTHERLY LINE OF IRON CANYON ROAD, A PRIVATE AND FUTURE STREET OF VARIABLE WIDTH, SAID LINE BEING A TANGENT CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 2901.50 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 41 27 AND AN ARC.LENGTH OF 85.62 FEET TO A POINT, SAID POINT BEING THE -BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 13.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 09' 17" AND AN ARC LENGTH OF 20.23 FEET; THENCE SOUTH ALONG A TANGENT TO SAID CURVE SOUTH 14 22 10 WEST 36.03 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 380.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 37' 40" AND AN ARC LENGTH OF 130.18 FEET; THENCE SOUTHERLY ALONG A TANGENT TO SAID CURVE SOUTH 05 15' 30" EAST 104.60 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NUMBER 6987; THENCE SOUTHEASTERLY ALONG SAID LINE SOUTH 70 43' 02" EAST 32.98 FEET TO THE POINT OF BEGINNING. 0 CITY OF SANTA CLARITA VICINITY MAP N 7,• EXHIBIT B-2 " ENLARGED DETAIL DEVELL ROAD VACATION EXHIBIT 'Roti n� N F/. ma 91 '�4rE r. E . 8 �• •.. <Ho 09 �Y�F �N � � "•E;� 2. Pl/.FyJ oi7U �o32 rbE "V, � n 4yr Yf� EAS cMEl:T OC T•G Lor 2, P. M. h1o.(di87 .o UUUAOJ P - �p�JT(OR WLFN6fYCS ro BE FESmm P.M.6.98,54 9 � n � m I(/] Area to be i Vacated s LoT 3, P.M. No. (0987 0� F P.M.B. 46,54 ; a a a5 r G • Cf ro •••• K'TWCCM tG�3 Z �i f +O a- e•si ss 0f a.13GV L•u.le r. 4. }j . OQ „ W .� 0-6•bYOqll- Vn.Gy1 L•]Q 2'Y T. 12. Gi P P Area proposed to be o= Q coq. Vacated per Tentative on O� 'z'�e• Tract Map 41812 u 7 r ui \ W ? LoT 4• P.M.No.6987 C � PH e.%te,94 CITY OF SANTA CLARITA �titi a;1 r � , r � VICINITY MAP rr EXHIBIT B-1. 11 ;; Area to be --jt Vacated% �` DEVEkL ROAD Oltr C�,% See Enlarged ` Detail Sand Sand Canyon Road N t. - 56 Zl - IEZI I -IEbI6 I9 HJIY �I IV -1 1 0 I NI 1 81 1 Q,. ; ro x,, a ' p Not ¢ r i i tiro ro Ir y / 4p: 9 3 a �' I', 5 •9 Q 3 Sand Sand Canyon Road N t. - 56 Zl - IEZI I -IEbI6 I9 HJIY �I IV -1 1 0 I NI 1 81 1