HomeMy WebLinkAbout1993-02-23 - AGENDA REPORTS - SOLEDAD RIGHT TURN POCKET (2)AGENDA REPORT
City Manager Approve
Item to be presented
Anthony J. Nlsich�\6
CONSENT CALENDAR
DATE: February 23, 1993
SUBJECT: WHITES CANYON ROAD @ SOLEDAD RIGHT -TURN POCKET
PROJECT NO. 91-07 - ACCEPTANCE OF OFFER OF DEDICATION
DEPARTMENT: Community Development
BACKGROUND
Staff has negotiated a price for the acquisition of right-of-way on Whites Canyon Road from the
Exxon Corporation. The right-of-way Is necessary to perform the construction of a right -turn lane
for southbound vehicles on Whites Canyon turning west onto Soledad Canyon.
The County will begin construction of their Improvements to the Intersection on March 1, 1993.
Staff has discussed the timing and coordination of the construction of the improvements and has
determined that It would be very advantageous to both parties to allow the County to perform all
the work under their existing contract. This can be accommodated through a change order with
the County's contractor and a minor modification to an existing agreement between the City and
the County. This approach would save considerable time and costs related to bidding and start-up
and would eliminate construction conflicts between two different contractors working in the same
area.
The County favors this strategy and has discussed preliminary plans with their contractor
(Rasmussen). The contractor Is In the process of preparing a cost estimate for the work.
RECOMMENDATION
Staff recommends that the City Council:
Authorize the expenditure of $36,750 for compensation to, and accept the offer of dedication for
right-of-way from Exxon Corporation.
Authorize the County of Los Angeles to perform the work
existixngagreement with the City.
ATTACHMENT
Sales Agreement with Exxon Corporation
hds/whites.tbt
with their contractor under an
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A G R E E M S N T.
This Agreement, made and entered into by.' and between the
City of Santa Clarita, a general law city.(" City") and Exxon
Company, a New Jersey corporation, authorized to do business in
the State of California ("Exxon"):
WI TNES 8 N'TH:
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered
into with respect to the following facts:
(a)- That Exxon is the owner of certain`real`property which
is located in'the. City the-County"'of Los"Angeles, the State
of -California more particularly described on.Exhibit;A.
attached'hereto'and-incorporated'he'rein': by this'. reference
("Property�")
n
(b)_'ThaV the Property,is"looated``in immediate proximity to
the intersection"of Soledad Canyon Road and Whites Canyon
Road each -o! whioh$are public streets located 'inrthe City;
and,
+ SJ
(c)a. That; Exxon Operates an automobile service`'staton on
the -Propertytogether with authorized accessory uses 'there-
to
and
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(d) That City,has"herstofore determinedtthat"it is neces-
sary to widen'Soledad Canyon Road and Whites Canyon"Road'
1mmediately;adjacent.to the Property ("Project"),'and7
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(e) That it is necessary to obtain certain rights of way,.
from Exxon for the Project; and
M. That Exxon has indicated a willingness to convey such
rights of way for the Project, to the City; subject to the
terms and conditions of this Agreement; and
(g) That the City Council of City has heretofore determined
that the public interest, convenience and necessity require
the execution of this Agreement.
Section 2. Conveyance of Easement. Pursuant to the
provisions of this Agreement, Exxon shall convey to City an
easement in, under, over, along and across,a portion of the
Property for public street purposes and all uses appurtenant
thereto ("Easement"). The easement shall be conveyed by a grant
of easement in the form as is attached hereto, and incorporated
herein by this reference, marked 'Exhibit B.
Section 3. City's Obligations. City's obligations
pursuant to this Agreement shall be as follows:
(a) That contemporaneously with the execution of this
Agreement City shall pay to Exxon the sum of $36,750.00;
(b) That City shall cause the construction of the Project
so as to place driveway approaches on Exxon Property,
permitting vehicular access between the property and Soledad
Canyon Road and Whites Canyon Road, as is shown on Exhibit
-2-
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E, attached -hereto and incorporated herein by this refer- .
ence.
Section 4. Reciprocal Easements. Exxon's Obligation.
Exxon shall utilize its best efforts to negotiate and enter
into an agreement with the owners of the real property lying
immediately to the north of the Property, which is currently
developed with a shopping center complex, to provide for recipro-
cal.vehicular ingress and egress between their properties and the
Property so as to comply with subdivision 13 of Section 2.05.030
of the Santa Clarita Municipal Code. Exxon shall, provide a copy
of such proposed agreement before its execution, for review by
the City to ensure that the same complies with the requirements
of subdivision 13 of said Section 2.05.030. .
Section 5. Construction. In all cases, the language of
this Agreement shall be construed according to its fair meaning
and not strictly for or against either party.
Section 6. Notices. Whenever notices are required to be
given pursuant to the provisions of this Agreement, the same
shall be in written form and shall.be served upon the party to
whom addressed by personal service as required in judicial
proceedings, or by deposit of the same in the custody of the
United States Postal Service or its lawful successor in interest,
postage prepaid, addressed to the.Parties as follows:
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1. City: City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, California 91355
Attn: City Manager
2. Exxon: Exxon Company
P.O. Box 19649
Irvine, California 92713-9649
Attn: • J.R. Lathrop
Notices shall be deemed, for all purposes, to have been given on
the date of personal service or three (3) consecutive calendar
days following the deposit of the same in the United States mail.
Section 7. Binding Effect. The provisions of this Agree-
ment shall be binding upon the parties hereto and their succes-
sors in interest.
. Section 8. Section Headings.' The section headings con-
tained in this Agreement are for convenience and identification
only and shall not be deemed to limit or define the contents of
the sections to which they relate.
Section 9. No Presumption Re Drafter. The Parties acknowl-
edge and agree that the terms and provisions of this Agreement
have been negotiated and discussed between the Parties and their
attorneys, and this -Agreement reflects their mutual, agreement
regarding the same. Because of the nature of such negotiations
and discussions, it would be inappropriate to deem any party,to
be the drafter of this Agreement, and therefore no presumption
for or against validity.or as to any interpretation hereof, based
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upon the identity of the drafter shall be applicable in inter- •
preting or enforcing this Agreement.
Section.10. Assistance of Counsel. Each party to this
Agreement warrants to each other party, as follows:
(a) That each party either had the assistance of counsel in
the negotiation for, and preparation of, this Agreement or
could have.had such assistance and voluntarily declined to
obtain the same; and
(b) That each party has lawfully executed this Agreement.
Section 11. Arbitration. Except as otherwise expressly
provided herein, the Parties hereto agree that any claim or
dispute -between them, arising out of or relating to the terms of •
this Agreement, shall be resolved by compulsory binding arbitra-
tion conducted by a retired Superior Court Judge of the State of
California or other qualified person the Parties mutually agree
upon. The claim or dispute being arbitrated shall be resolved in
accordance with California law.
The arbitration proceedings shall be -governed by the laws
and procedures governing civil judicial proceedings in this
State. Each party shall comply with all applicable laws relating
to binding and compulsory arbitration, the directions given by
the Arbitrator and the provisions of this Agreement. The deter-
minations made by the Arbitrator, if within the scope of the •
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Arbitration and the Arbitrator's function, shall be binding and
conclusive on the Parties and shall be enforceable in the manner
provided by law.
The Arbitrator shall be selected in the following manner:
(1) The party initiating the arbitration ("Initiating
Party") shall prepare and submit to the other party a
list ("List") containing the names of not to exceed
three (3) retired Superior Court Judges all of whom the
Initiating Party believes are qualified to serve as
Arbitrator. The names of the judges on the List shall
be numbered consecutively.
(2) The party.upon whom the List is served, within ten
(10) calendar days after service of the List, shall
either:
(a) select one of the named retired judges to act
as Arbitrator, in which case that retired judge
shall serve as the Arbitrator; or
(b) strike one (1) name from the List.
(3) Upon expiration of said ten (lo) day period, if no
selection is made, the Arbitrator shall be the retired
.
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judge
on the
List
with the lowest
number next to his
name,
unless
that
judge's name was
stricken during the
ten (10) day period by the non -initiating party.
(4) If, for any reason, the retired judge designated
as the Arbitrator is unwilling or unable to serve as
the Arbitrator, the judge on the List with the next
lower number whose name.was not stricken shall be the
Arbitrator. In the event that none of the three re-
tired judges named on a List, are willing or able to
serve as the Arbitrator, the Initiating Party shall
prepare and submit a new List, containing the names of
not to exceed three (3) different retired judges, and
the above described procedure shall be followed until
an Arbitrator is selected.
Each party hereto hereby agrees to pay one-half of the
compensation to be paid to the Arbitrator, and except as other-
wise expressly provided herein, each party shall bear its own
costs and expenses of arbitration, including, but not limited to,
attorneysf fees and related costs.
By way of illustration, if the List served by the Initiating
Party, upon the other party, has the name of three (3) retired
judges, A, B, and C, numbered 1, 2 and 3, respectively; and
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number 1 is stricken, then B, Number 2, shall be deemed, for'all
purposes, to be the selected Arbitrator.
Section 12. Modification. This Agreement shall not be
modified except by written agreement:of the parties.
Section 13. Entire. Agreement. This Agreement constitutes
the entire, complete and final expression of the agreement'of the
parties.
Section 14. Execution of Documents. The parties agree to
execute all documents necessary to effectuate the provisions of
this Agreement.
Section 15. Effective Date. This Agreement shall be
effective on and after 1993.
WHEREFORE the parties have caused this Agreement to be
executed by their lawfully designated representatives as follows:
Dated: CITY OF SANTA CLARITA,
.a general law city
Approved u to Rr�.
City Attorney
_g_
By:
MAYOR
ATTEST:
CITY CLERK
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EXXON COMPANY, •
a New Jersey corporation
By:
By:
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EXHIBIT "A"
PARCEL 2 OF PARCEL MAP NO. 802 IN THE CITY OF SANTA CLARITA, COUNTY OF
LOS ANGELES, -STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE
93 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
SAID PARCEL 2 OF PARCEL MAP NO. 802 IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4
NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND FILED IN THE DISTRICT LAND OFFICE ON MARCH 20, 1877, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SOLEDAD
CANYON ROAD AS DESCRIBED IN PARCEL A OF THE DEED TO THE COUNTY OF
LOS ANGELES, RECORDED ON DECEMBER 6, 1961 AS INSTRUMENT NO. 4688 IN
BOOK D-1442 PAGE 622 OF OFFICIAL RECORDS OF SAID COUNTY, WITH THE
WESTERLY LINE OF WHITES CANYON ROAD AS MENTIONED IN PARCEL B OF SAID
DEED; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID WHITES
CANYON ROAD TO THE BEGINNING OF.A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET, BEING THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION; SAID LAST MENTIONED CURVE BEING
ALOS TANGENT AT ITS POINT OF ENDING WITH THE NORTHERLY LINE OF SAID
SOLEDAD CANYON ROAD; THENCE SOUTHERLY, SOUTHWESTERLY AND
WESTERLY ALONG SAID LAST MENTIONED CURVE TO THE NORTHERLY LINE OF
SAID SOLEDAD CANYON ROAD; THENCE WESTERLY ALONG THE NORTHERLY LINE
OF SAID SOLEDAD CANYON ROAD TO A LINE THAT IS PARALLEL WITH AND
DISTANT WESTERLY 150.00 FEET FROM THE WESTERLY LINE OF SAID WHITES
CANYON ROAD; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL
LINE 150.00 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF
SAID SOLEDAD CANYON ROAD 150.00 FEET TO THE WESTERLY LINE OF SAID
WHITES CANYON ROAD; THENCE SOUTHERLY. ALONG SAID. LAST MENTIONED
WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
0
RECORDING REQUESTED BY:-
City
YrCity of Santa Clarita-
Building & Engineering Services
WHEN RECORDED MAIL TO:
CITY OF SANTA CLARTTA
BUILDING & ENGINEERING SERVICES
23920 VALENCIA BLVD., 3RD FLOOR
SANTA CLARITA, CA 91355 Space above this line for Recorder's use
I:AN'1;1!I:QI
EXXON CORPORATION, A NEW JERSEY CORPORATION
SUCCESSOR BY MERGER TO
HUMBLE OIL & REFINING COMPANY, A DELEWARE CORPORATION
do—a_ hereby grant to the City of Santa Clarita. a general law city an easement for
public road and highway purposes and all uses appurtenant thereto, in over, under, along
and across the following described real property which is located in the City of Santa
Clarita, County of Los Angeles, State of California, described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4
NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN ALSO BEING A PORTION OF
DOCUMENT NO. DSO42, PAGES 908 AND 909, RECORDED APRIL 30, 1971 OF
OFFICIAL RECORDS, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: .
PART A: THE EASTERLY TEN (10) FEET THEREOF AS SHOWN ON EXHIBIT "C ".
PART B: THAT PORTION LYING SOUTHEASTERLY OF A TWENTY-FIVE (25) FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, TANGENT TO THE WESTERLY' LINE
OF SAID PART A AND TANGENT TO THE NORTHERLY LINE OF SOLEDAD CANYON
ROAD, .120 FEET WIDE AS SAME EXISTED ON FEBRUARY 2, 1992.
TO BE KNOWN AS WHITES CANYON ROAD.
The.execution of this Grant of Easement is made pursuant to the terms and conditions
of that certain written Agreement by and between the Grantor and Grantee
0
Doc. i
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Pages
I
SOLEDAD o
0
OIL
150,
NORTH.
EXHIBIT "C"
+ CANYON ,ROAD
Cnj
W
TOTAL SQUARE FEET. 1450
ACREAGE OF TAKE 0.033
SKETCH FOR
RIGHT OF WAY
DEDICATION
SCALE,
DATE'
WILLDAN ASSOCIATES
A/cb
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ENGINEERS- PLANNERS
. 638 W. JACKMAN ST.SiE.204
11
DRAWNAlco BY -f
FIELD ✓7K:
LANCASTER,CA,.93534
(803) 945-8849
pIEG BY:
1 r05 No.; >
TOTAL SQUARE FEET. 1450
ACREAGE OF TAKE 0.033
SKETCH FOR
RIGHT OF WAY
DEDICATION
7400 7450
CANYON 'N 0716'
EXHIBIT D
8#50
SCALE VERT !0=4'
HORZ 1%20'
0
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9.00,: 9.50
Lo ROAD
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W
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11.04
SAWCUT, MATCH B JOIN
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W=30
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9.42 (W) END OF
o W
REMOVE AND RELOCATE
EXISTING ONSITE
W
EXXON SIGN AND
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LIGHTING SYSTEM 3 PLANTER LURH
-
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RELOCATE
ENTER
EXXON
PAB'C6'L 2 aF PAKC,EY MAP BOZ.
O00 NO, 05042 PRGES 9061909 O.R.
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9.42 (W) END OF
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• EXHIBIT E
GENERAL RELEASE OF ALL CLAIMS
1. This General Release of All Claims ("Release") is made
and executed as of , year of execution, by Exxon
Company (hereinafter referred to as "RELEASOR"), and is given to,
and for the benefit of, City, status of releasee (hereinafter
referred to as "RELEASEE"), with reference to the following facts
and circumstances:
(a) A dispute has arisen between Exxon and City as a
result of the acquisition of right of way by City from Exxon
for the widening of Soledad Canyon Road and whites Canyon
Road, adjacent to Exxon's property; (said matter is herein-
after referred to as "Dispute").
(b) The purpose of this.Release is to settle and
release fully and completely all claims which RELEASOR now
has or,has ever had against RELEASEE.
2. In consideration of the execution and delivery of that
certain agreement dated 1993, by and between
RELEASOR and RELEASEE, receipt of which is hereby acknowledged,
and the execution and delivery of this Release, RELEASOR hereby'
releases and discharges RELEASEE of and from any and.all causes
of action, damages, claims and demands of whatsoever -kind or
nature which she/he/it-now has or has ever had against RELEASEE
arising out of or in any way connected with said Disputeor
• otherwise. This release and discharge extends to all past and
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present trustees, officers, administrators, employees, agents and •
attorneys of the RELEASEE, and each of them.. In this connection,
RELEASOR waives the provisions of'Section 1542 of the Civil Code
of the State of California, and any other similar statute or
provision of any state or nation, which provides as follows:
A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his settle-
ment with the debtor.
3. RELEASOR understands and agrees that the execution and
delivery of the Agreement and this Release represent the consid-
eration ("Consideration") to compromise disputed claims and that
said Consideration is not to be considered an admission of
liability on the part of RELEASEE. RELEASEE denies that it has
any liability to RELEASOR and asserts that the Consideration paid
herein is to avoid further expenses of litigation.
4. RELEASOR hereby covenants and warrants that it has not
assigned nor sold any of the said claims, demands or causes of
action and hereby.agrees to,indemnify and hold RELEASEE harmless
as against any claim, debt, liability, demand, obligation, cost,
expense, action or cause of action based on, or arising out of,
or in connection with any transfer or assignment or purported
transfer or assignment.
S. RELEASOR affirmatively represents that it has been
represented throughout by counsel of its choice. RELEASOR has
read this Release and has had the terms used herein and the
consequences thereof explained by its attorneys.
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6. This Release is freely and voluntarily executed and
given by RELEASOR after having been apprised of all relevant
information and data furnished by its attorneys of choice, as
above named. RELEASOR, in executing this Release, does not rely
upon any inducements, promises or representations made by RELEAS-
EE.
7. This Release shall inure to the benefit of and be
binding upon the heirs, administrators, executors, trustees and
assigns of RELEASOR, either, any, or all of them.
8. This Release shall in all respects be interpreted,
enforced and governed by and under the laws of the State of
California.
Exxon Company, a corporation
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