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HomeMy WebLinkAbout1991-08-13 - AGENDA REPORTS - VACATE RESO 91 121 TORREY PINE (2)AGENDA REPORT City Manager Item to be D CONSENT CALENDAR DATE: August 13, 1991 SUBJECT: DECLARATION OF INTENTION TO VACATE CHINKAPIN STREET EAST OF TORREY PINES DRIVE Resolution Number: 91-121 DEPARTMENT: Community Development The dedication of the right-of-way for Chinkapin Street on Tract No. 30201 was provided to serve as future access to the property to the east (see Exhibit B). During the development of the Tract in the 1960's, a non-standard turnaround which cannot be swept was built in anticipation of the future extension of Chinkapin Street. Since the property to the east is not within the City boundary, the County approved a condominium project for the property with.access off of Sierra Highway via Vista Del Canyon with no access via Chinkapin allowed. As part of the conditions of approval for the proposed condominium development, the developer was required to remove the existing improvements along Chinkapin Street, install landscaping and an irrigation system and construct curb, gutter and sidewalk along Torrey Pines Drive. Physical access via Chinkapin Street was not necessary or provided, and a six -foot -high planted slope now exists along the lot line. A permanent fence was installed along the top of the slope. Now that: construction of the condominium project and the installation of the required improvements are complete, the Chinkapin Street right-of-way is no longer required for public purposes. The adjacent property owners have been contacted and do not object to the proposed vacation and will be responsible to maintain the existing landscaping installed by the developer. If the City vacates its interest in the street, the area will become the property of the adjacent lot . owners. The property would increase the landscaped yard area in the neighborhood and is not sufficient to allow the construction of an additional residence. The procedure governing the vacation of streets, alleys and easements is set forth in the Government Code. In brief, the procedure calls for the Council to first adopt a Resolution of.Intention and set a date for a public hearing. The hearing may be held not less than 15 days following the adoption of the Resolution of Intention. The hearing date is scheduled for September 10, 1991, and this date is specified within the Resolution. Prior to the hearing, a notice will be posted along the right-of-way, and staff will investigate the need to reserve utility easements. Adopted: ?l Agenda Item: / Al. DECLARATION OF INTENTION TO VACATE CHINKAPIN STREET EAST OF TORREY PINES DRIVE Page 2 RECOMMENDATION It is recommended that the City Council approve Resolution No. 91-121, declaring its intention to vacate that portion of Chinkapin Street described in Exhibit "A" and shown on Exhibit "B", and give notice of a public hearing to be held on September 10, 1991. Notices will be published and posted as required by the Street Vacation Act. ATTACHMENTS Resolution No. 91-121 Exhibit "A" Exhibit "B" AGN:hds:490 RESOLUTION NO. 91-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE VACATION OF CHINKAPIN STREET EAST OF TORREY PINES DRIVE IN THE CITY OF SANTA CLARITA WHEREAS, Chinkapin Street extending easterly from the East Line of Torrey Pines Drive a distance of 50± feet is no longer needed for present or prospective public use, including bicycle paths or trails; and WHEREAS,.the utility companies will retain easements over the portion to be vacated and have no objection to the vacation;. WHEREAS, the .proposed street vacation is determined to be a project and .was reviewed pursuant to. the provisions of the. California Environmental Quality Act in June 1991. 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 the intention of the City Council of the City of Santa Clarita, California, to order the vacation of Chinkapin Street as described on Exhibit "A" and as shown on Exhibit "B" and located within the City of Santa Clarita, proposed to be vacated under Resolution No. 91-121 on file and open to public inspection in the office of the City Clerk of the City of Santa Clarita, California, located at 23920 Valencia Boulevard, Suite 300, and referred to' and by this reference incorporated herein. as a part of this Resolution. SECTION 2. The City of Santa Clarita City Council has reviewed and considered the Notice of Exemption prepared for the project. and finds and determines the Notice of Exemption is in compliance with CEQA, and it does certify the Notice of Exemption for the vacation of Chinkapin Street. SECTION 3. That the hour of 6:30,p.m. on Tuesday, September 10, 1991 at City Hall, 23920 Valencia Boulevard, within the City of Santa Clarita, is the time and place when and.where any and all persons interested in or objecting to the proposed vacation of this public street may appear before the City Council to be heard, offer testimony, and submit evidence in relation thereto. SECTION 4. That the City Clerk of the City of Santa Clarita, California is hereby4directed to cause "NOTICE OF STREET VACATION OF CHINKAPIN STREET EAST OF TORREY PINES WITHIN THE CITY OF SANTA CLARITA, CALIFORNIA, AND PUBLIC HEARING THEREON" to be published and posted as required by the -"Street Vacation Act of 1941", being Part 3 of Division 9 of the Streets and Highways Code of the State of California; and the City Council of the City of Santa Clarita hereby elects to proceed under the provisions of that Act. Resolution No. 91-121 Page 2 SECTION 5. The City Clerk shall certify to the passage of this Resolution and shall cause it to be published and posted in the manner prescribed by law. 1991. PASSED, APPROVED AND ADOPTED this day of rV I ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) I, Donna M. Grindey, 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 day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK AGN:hds:490 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF CHINKAPIN STREET EAST OF TORREY PINES DRIVE THAT PORTION OF CHINKAPIN STREET, A PUBLIC STREET, 60 FEET IN WIDTH, AS SHOWN ON THE MAP OF TRACT NO. 30201 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 738, PAGES 70 THROUGH 74, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED ON THE WEST BY TORREY PINES DRIVE, A PUBLIC STREET, VARIABLE IN WIDTH, AS SHOWN ON MAP OF SAID TRACT AND ON THE EAST BY THE WEST LINE OF TRACT NO. 44328 IN THE UNINCORPORATED TERRITORY OF SAID COUNTY AND STATE, AS PER MAP RECORDED IN 'BOOK 1129, PAGES 81 THROUGH 86, INCLUSIVE, OF MAPS IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1 OF SAID TRACT NO. 30201; THENCE ALONG THE BOUNDARIES OF SAID LOT, S 67`48144" W A DISTANCE OF 38.89 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 15' FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 91'41'11", AN ARC LENGTH OF 24.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID TORREY PINES DRIVE; SAID EASTERLY LINE BEING ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 819.00 FEET, A RADIAL LINE OF SAID CURVE AT SAID POINT BEARS N 69'29'55" E; THENCE SOUTHERLY TO A POINT ON THE EASTERLY LINE OF SAID TORREY PINES DRIVE; SAID POINT BEING A POINT OF CUSP OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 15 FEET BEING TANGENT AT ITS POINT OF ENDING WITH THE MOST NORTHERLY LINE OF LOT 123 OF SAID TRACT; THENCE ALONG THE BOUNDARIES OF SAID LOT, NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 82'11'26", AN ARC LENGTH OF 21.52 FEET TO SAID POINT OF TANGENCY] THENCE N 67048'44" E A DISTANCE OF 13.38 FEET TO THE WESTERLY LINE OF SAID TRACT NO. .44328; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. legall.des CITY Or SANTA CLARITA A H\GNwN`l S�ERR Il 10 �� '.\. ' 3 TRACT N0. 30 01 II 2 12 � I 13 MB. 738 ' 14 PGS. 70-74 W p 15 ? Q, 16 W, O 17 2 W � 18, SIERRA 0 125 124 N N TS. TRACT N0. 44328 M.B.1129 PGS.81-86 CHINKAPIN STREET TR CT 0.' 3 394 B. 743 PGS. -100 1 2 3 DRN E ESTA�TES� ' LEGEND PROPOSED VACATION AREA-