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
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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)
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