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HomeMy WebLinkAbout1991-05-14 - AGENDA REPORTS - SLOPE EASEMENT RESO 91 74 (2)AGENDA REPORT City Manager.Approval + Item to be presented by CONSENT CALENDAR DATE: May 14, 1991 SUBJECT: VICINITY OF WHITES CANYON ROAD SUMMARY VACATION OF SLOPE EASEMENT Resolution Number: 91-74 DEPARTMENT: Public Works 4 7vt BACKGROUND John E. Medina The property owners adjacent to Whites Canyon Road and Soledad Canyon Road have requested a vacation of the portion of the slope easement bordering their property. The easement has been made unnecessary by the subsequent construction of the Whites Canyon Road improvements (including a retaining wall). The aforementioned owners received an agreement from the County of Los Angeles that they would vacate this easement in exchange for a road deed for the Whites Canyon Bridge over a different part of their property. The road deed has recorded. The slope easement in question was requested and granted before .the incorporation of the City of Santa Clarita. Therefore, the right and responsibility. of vacation of said easement now falls on our City Council. The right—of—way now in question has not been needed for the use requested, and will not be needed in the future. No utilities will be affected, there will be no fiscal affects on the City, and there have been no objections to the proposed vacation by the abutting owners. The procedure governing the vacation of streets, alleys, and easements is set forth in the Government Code. Section 8333 of the Streets and Highways Code allows for the summary vacation of a public service easement without public hearing provided any one of the prescribed conditions are met. All three of the conditions listed in the Code have been met in this case. RECOMMENDATION That the City Council approve Resolution No. 91-74, summarily vacating the slope easement bordering Whites Canyon Road as described on Exhibit "A" and shown on Exhibit "B". ATTACHMENTS Resolution No. 91-74 Exhibit "A" Exhibit 'B" Fact Sheet /gmm-1224 Adopted: 5--/ -y � i Agenda Item: 0 RESOLUTION NO..91-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE SLOPE EASEMENT AT WHITES CANYON ROAD AND SOLEDAD CANYON ROAD IN THE CITY OF SANTA CLARITA WHEREAS, the slope has been eliminated by the installation of a retaining wall during the construction of•improvements on Whites Canyon Road and a portion of the easement is no.longer necessary. Section 1. BE IT RESOLVED by the City Council of the City of Santa Clarita that it is hereby found and determined that a portion of a slope easement (Whites Canyon Road) from Soledad .Canyon Road approximately 674 feet ± westerly thereof as 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 Santa Clarita (Canyon Country) 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 right-of-way has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and there are no other public utility facilities located within the easement; and the subject right-of-way is an excess right-of-way not required for street or highway purposed and the subject right-of-way is not required for general public access or circulation or for a bicycle path or trail. Section 2. BE* IT FURTHER RESOLVED that the public easement in, over and across said properties for street and highway purposes legally described in Exhibit "A" attached and hereby vacated pursuant to Chapter,4, Part 3, Division 9 of the Streets and Highways Code, State of California, commencing with section 8330. Section 3. AND BE IT FURTHER RESOLVED that the Executive Officer -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 street slope easement. • Resolution No. 91-74 Vacation of Alley/Whites Canyon May 14, 1991 Page 2 11 The 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. 19_ ATTEST: Executive Officer -Clerk of the City Council of the City of Santa Clarita By Deputy PASSED, APPROVED AND ADOPTED.THIS day of City Clerk MAYOR I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Santa Clarita, at a regular meeting thereof, held on the day of , 19_, by the following vote of the Council: AYES: COUNCILMEMBERS HOES: ABSENT: COUNCILMEMBERS 0 City Clerk 0 EXHIBIT "A" SLOPE EASEMENT VACATION (70) (M9176112) That portion of that certain easement for slope purposes -and appurtenant structures, in the southeast quarter of Section 20, Township 4 North, Range 15 West, S.B.M., and in the City of Santa Clarita, County of los Angeles, State of California, described as Parcels 3-4S.1 and 4S.2 in deed to County of Los Angeles, recorded as Document No. 3453, on November 2, 1971, in Book D5243, page 523, of Official Records, in the office of the Recorder of said County, within the following described boundaries: Beginning at a point in that certain 1500 foot radius curve in the easterly boundary of said certain easement, distant northerly thereon 10.40 feet from a line parallel with and 10.feet northeasterly, measured at right angles, from the southwesterly line of said certain easement, a radial of said certain curve to said point bears South 67010139" East; thence North 12013130" East to a line . parallel with and 50 feet easterly, measured at right angles, from a straight line which is tangent to that certain 1500 foot radius curve in the proposed center line of Whites Canyon Road, -as shown on map filed in Book 57, page 3, of Parcel Maps, in the office of said Recorder, at a point in said last mentioned certain 1500 foot radius curve distant southerly thereon 418.88 feet from the northerly terminus thereof; thence northerly along said parallel line to the westerly boundary of said certain easement; thence northerly, northeasterly and southerly along the westerly, northwesterly and easterly boundaries of said cer- tain easement to the paint of beginning. DESCRIPTION APPROVED April 12, 1991 WILLIAM F. STEWART Director INTERNAL SERVICES DEPARTMENT ByDeputy 0 Rewo-Graphic SuPVIY 136202 O b o SOLEDAD CYN v Ex H 1 a ( -I— j—==z SOLEDAD�� CYN 4 SUBJECT AREA I � � Z Q VICINITY MAP NNOT TO SCALE w 39 i N 0� IL ' RD D \k SUBJECT EASEMENT Sm COUNTY OF LOS ANGELES -it- INTERNAL SERVICES DEPARTMENT ATE A.M.B. 8UP.DIS: SCALE r PROPOSED VAC. $ ABANDONMENT loe No. 10 APR. 91 2803-03 5TH ,1 100 22 412 +un nn . u pfl MCT. V n.....� �. n.-.•�..+ •.m •.r �n nv .. nn\ o 1 Aj W -:: cf)" Lo Y O �y �L m W O �1 SOLEDAD�� CYN 4 SUBJECT AREA I � � Z Q VICINITY MAP NNOT TO SCALE w 39 i N 0� IL ' RD D \k SUBJECT EASEMENT Sm COUNTY OF LOS ANGELES -it- INTERNAL SERVICES DEPARTMENT ATE A.M.B. 8UP.DIS: SCALE r PROPOSED VAC. $ ABANDONMENT loe No. 10 APR. 91 2803-03 5TH ,1 100 22 412 +un nn . u pfl MCT. V n.....� �. n.-.•�..+ •.m •.r �n nv .. nn\ 0 CITY OF SANTA CLARITA FACT SHEET - VACATION NAME: Slope Easement (Whites Canyon Road) AREA: 360-± square feet ACQUIRED BY: The -portion of an easement was granted to the County of Los Angeles by deed recorded as Document No. 3453 on November 2, 1971, in Book D5243, page 523, of Official Records. This area is now in the City if Santa Clarita. No money was paid for the area being vacated. PURPOSES ACQUIRED FOR: Public.use REASON FOR REQUEST (If known): Not applicable BENEFITS (If applicable): Not applicable GRATIS: xx BENEFITS (If applicable): N/A ABUTTING OWNERS: Notified by.U. S. Mail PROTESTS: None y REASON FOR DISPOSAL: That 1.he subject right-of-way has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and there are. no other public utility facilities located within the easement; and the subject right-of-way is an excess right-of-way not required for street or highway purposes and the subject right- of-way is not required for general public access or circulation or for a bicycle path or trail. LOCATED: That portion of a slope- easement (Whites Canyon Road) from Soledad Canyon Road approximately 674 feet ± westerly thereof. IN THE VICINITY OF: Santa Clarita (Canyon Country) RESERVATIONS: None CONDITIONS: None SPECIAL FEATURES OF PROPERTY: None (Fact2) 0