HomeMy WebLinkAbout1995-07-11 - AGENDA REPORTS - PEDESTRIAN OVERCROSSING (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Anthony J. Nisiev
CONSENT CALENDAR
DATE: July 11, 1995
SUBJECT: PEDESTRIAN OVERCROSSING EASEMENTS ACCEPTANCE AND
MAINTENANCE - MAGIC MOUNTAIN PARKWAY, VALENCIA
BOULEVARD AND CREEKSIDE ROAD PASEOS
DEPARTMENT: Community Development
BACKGROUND
During the development of the Valencia Town Center, the Community Facilities District (CFD)
No. 92-1 was established to finance certain public improvements to be constructed. Part of the
public improvements are the pedestrian bridges crossing the streets at Creekside Road, Magic
Mountain Parkway and Valencia Boulevard.
Magic Mountain Parkway Bridge has been physically offered for dedication to the City by a
previous agreement, resolution and easement deed (Ref L.A. County 94-190694) and accepted
by the City Council on September 27, 1994 (Resolution No. 94-112).
Easement deeds are now provided for bridge purposes and ingress and egress purposes for all
three pedestrian bridges. An agreement is provided offering to dedicate all three pedestrian
bridges to the City. In the agreement, the City accepts these three bridges, since they are now
completed to City standards and should be guaranteed for public use.
By accepting the agreement, offer of dedication and easements, the City will complete the
acceptance of the pedestrian bridges as vital links in the Valencia paseo walkway system. The
paseo system provides safer access to open space areas as an alternative to vehicular traffic.
The City recognizes by acceptance that the requirements of the CFD for the pedestrian bridges
have been met. These include lein releases, as -built plans, and notices of completion.
The City, Newhall Land & Farming, and Los Angeles County have been negotiating the terms
to accomplish the long-term maintenance, replacement and liability for all of the 19
overcrossing/undercrossings of the paseo system. The Council previously agreed to fund 15
percent of the long-term maintenance and liability coverage (Ref. Agenda Item November 23,
1993). At this time, these three bridges will not be maintained by the City and County
Landscape and Lighting Maintenance District (LLMD) areawide 1. Until such time as the
bridges are actually placed in the LLMD areawide 1, NLF will contribute to the City 85% of the
ongoing costs for maintenance and liability coverage.
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PEDESTRIAN OVERCROSSING EASEMENTS
July 11, 1995 - Page 2
Accept the offer of dedication of the pedestrian bridges, the easements, and authorize the Mayor
and City Clerk to execute the Pedestrian Bridge Agreement and Offer of Dedication, subject to
final approval by the City Attorney.
Easement Deeds
Pedestrian Bridge Agreement and Offer of Dedication
JS:hds
..dRNaia
PEDESTRIAN BRIDGE AGREEMENT
AND OFFER OF DEDICATION
WHEREAS, the City of Santa Clarita, A general law City (hereinafter referred to
as the "City"), has consented to the construction by The Newhall Land and Farming
Company, a California Limited Partnership (hereinafter referred to as "NLF'), of a
pedestrian bridges over Magic Mountain Parkway (State Route 126), Valencia Boulevard
and Creekside Road.
The purpose of this Agreement is for the City to accept these bridges for public use, accept
easements for maintenance and public ingress and egress purposes and to provide for the
long term maintenance and liability coverage of them. This Agreement shall also serve as
an Offer of Dedication of the pedestrian bridge structures and abutments by NLF to the
City for the use and benefit of the public.
The City Council has approved the execution of this Agreement at a regularly scheduled
City Council meeting held on July 11, 1995.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as
follows:
1. NLF has constructed the above-mentioned pedestrian bridges per the plans
and specifications approved by Caltrans (Magic Mountain Parkway Bridge only) and the City
and hereby offers and dedicates the pedestrian bridges and easements.
2. NLF agrees to be responsible for all costs of pedestrian bridge maintenance
and/or repair until final acceptance of the pedestrian bridges.
3. City agrees upon acceptance of this offer of dedication for the pedestrian
bridges to be responsible for their maintenance and/or repair, subject to the provisions of
paragraphs 4 and 5 below.
4. Upon acceptance of this Offer of Dedication, NLF agrees to contribute to City
eighty-five percent (85%) of the on-going costs for long term maintenance and liability
coverage after acceptance of bridge structures and abutments.
5. NLF further agrees that following the acceptance of this Offer of Dedication,
The City will not be responsible for any maintenance costs above the fifteen percent (15%)
indicated in Section 3 above.
6. NLF hereby dedicates the pedestrian bridges hereinabove mentioned and the
easements for maintenance and ingress and egress as described in Exhibit "One" attached
hereto and the City hereby accepts the pedestrian bridges and easements for public ingress,
egress and maintenance.
7. Notwithstanding anything to the contrary contained herein, in no event shall
any partner, officer, director, employee, unitholder or agent of NLF or any general partner
of NLF be personally liable for any breach of this Agreement by NLF. The City agrees that
its recourse for any breach by NLF shall be limited to the assets of NLF.
8. The parties agree to cooperate with each other and execute such additional
documents as may be necessary to facilitate the purposes contemplated by this Agreement.
9. This agreement shall be terminated upon City acceptance and ownership of
the remaining pedestrian bridges and underpasses in the Los Angeles County Area Wide
Landscape Maintenance District #1 within City boundaries.
The Newhall Land and Farming Company (a California Limited Partnership)
By: Newhall Management Limited Partnership
Its managing General Partner
By: Newhall Management Company
L-fi
CITY:
By:
Its managing General Partner
Thomas E. Dierckman, Senior Vice President Valencia Division
Ross J. Pistone, Assistant Secretary
City Mayor of the City of Santa Clarita
APPROVED AS TO FORM:
By:
City Attorney of the City of Santa Clarita
ATTEST:
By: _
City Clerk of the City of Santa Clarita
CITY
RECORDING REOUESTED BY
AND WHEN RECOITOM MAIL THIS DEED AND. UNLESS OTHERWISE
SHO%IN BELOW, MNL TAX STATEMENT TO:
Ham, City of Santa Clarita
23920 Valencia Blvd.
e� Santa Clarita, CA 91355
cny &
=p° ATTN: City Clerk
Title Order No.. Escrow No:
CTC 1-101 (&93)
EXHIBIT "ONE" PAGE 1 OF 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement Deed
THE UNDERSIGNED GRANTOR($) DECLARE(s)PUBLIC AGENCY .EXEMPT REVENUE AND TAXATION CODE
DOCUMENTARY TRANSFER TAX IS S -9- SECTION 11922
❑ unincorporated area O1 City of Santa Clarita
Parcel No.
❑ computed on full value of interest or property conveyed, or
El computed on full value less value of liens or em-vmbranecs remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED PARTNERSHIP),
A LIMITED PARTNERSHIP
hereby GRANT(S) to
CITY OF SANTA CLARITA
the following described easement in the City of Santa Clarita
county of Los Angeles , state of California_
Easement for pdestrian bridge purposes as described
in the attached Exhibit "A" Legal Description, and easement for ingres
and egress purposes shown in attached Exhibit "B".
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED PARTNERSHIP),
A LIMMED PARTNERSHIP
BY: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP
ITS MANAGING GENERAL PARTNER
BY: NEWHALL MANAGEMENT CORPORATION, CALIFORNIACORPORATION
ITS MANAGING GEN RTNER `
Dated 1 J +JE l t5�t S BY:
S oe. vitt President
STATE OF CALIFORNIA t
COUNTYOF L—OS f
A�G�—L�—� S -S.
on JE 16 ,01 -S
before me,
a Notary Public in and for said County and State, personally appeared
f�Anrniq-> F T»C-tzr_f-" A.) Af n
n
:z-- t fir, -x' -
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/She/they executed
the same in (dslh Aheir authorized capacity(es), and that by hislherAheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the acted, executed the instrument.
WITNESS hand official seal
Signature
BY;
Assistant Secretary
�RENATE HAHN
COMM. #1047475 m
a NOTARY PUBLIC - CALIFORNIA 2
N
i;C)t tA@i'%Iii GUJNTY
if MY Comm. Erpires Dec. 18, 1998 la
(Th6 area Iw dlklal nMwnl seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
EXHIBIT "ONE" PAGE 2 OF 9
EXHIBIT "A"
LEGAL DESCRIPTION
BRIDGE EASEMENT OVER MAGIC MOUNTAIN PARKWAY
THAT PORTION OF THE RANCHO SAN FRANCISCO IN THE CITY OF SANTA
CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP
RECORDED IN BOOK 1 PAGES 521 AND 522, OF PATENTS AND THAT PORTION
OF PARCEL 6 OF PARCEL MAP NO. 22206 AS SHOWN ON MAP FILED IN BOOK
240 PAGES 62 TO 87, INCLUSIVE OF PARCEL MAPS AND 'THAT PORTION OF
LOT 18 OF TRACT N0. 43712 AS SHOWN ON MAP FILED IN BOOK 1068
PAGES 40 TO 46, INCLUSIVE, OF MAPS, ALL RECORDS OF SAID COUNTY,
BEING A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON BOTH
SIDES OF A CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF MAGIC
MOUNTAIN PARKWAY WITH THE CENTERLINE OF AUTO CENTER DRIVE SHOWN
AS NEWHALL AVENUE ON MAP OF PARCEL MAP NO. 22206 FILED IN BOOK
240 PAGES 62 TO 87, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID
COUNTY; THENCE ALONG SAID CENTERLINE OF MAGIC MOUNTAIN PARKWAY
SOUTH 70025'28" EAST 390.75 FEET; THENCE LEAVING SAID CENTERLINE
NORTH 18049'42" EAST 67.97 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 18049'42" WEST 167.04 FEET TO THE POINT OF
TERMINATION.
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EXHIBIT 'ONE"
RECORDING REQUESTED BY
ANo WHEN RECORDED M [L -THIS DEED AND. UNLESS OTHERWISE
SHOWN BELOW, MNL TAX STATEMENT To-
City
D
City of Santa Clarita
23920 Valencia Blvd.
s'd Santa Clarita, CA 91355
Cay. ATTN: City Clerk
Slate
Zia
Tine Order No.
CTC 1-101 (8-93)
E.. Na.
PAGE 4 OF 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement Deed
THE UNDERSIGNED GRANTOR(S)DECLARE(s) PUBLIC AGENCY EXEMPT REVENUE AND TAXATION CODE
DOCUMENTARY TRANSFER TAX ISS _B_ SECTION 11922
O unincorporated area ®. city of San a 1 arita
Parcel No.
❑ computed on full value of interest or property conveyed„ or
❑ computed on full value less value of liens or ervvmbnnces remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED PARTNERSHIP),
A LIMITED PARTNERSHIP
hereby GRANT(S) to
CITY OF SANTA CLARITA
the followirlgdescribed easement in the City of Santa Clarita.
countyof 'Los Angeles , state of California:
Easement for pdestrian bridge purposes as described
in the attached Exhibit "A" Legal Description) and easement for
ingress and egress purposes as shown in attached Exhibit "B"..
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED PARTNERSHIP),
A LIMITED PARTNERSHIP
BY: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP
ITS MANAGING GENERAL PARTNER
BY: NEWHALL MANAGEMENT CORPORATION, A,CALIFORNIA CORPORATION
ITS MANAGING GENERAJ.-1PARTNER `\
Dated U JE t 6 1 L 9 °i5
STATE OF CALIFORNIA
COUNTY OF �� CSC --LE 5 } S.S_.
L-� `�
On'Su ac, l(� t l`19 S before me,
4A 0"3
a Notary Public in and for said County and State, pe nal1ly ap ared
—T1A Q in A E. _ l�f2c_v m AA7 R A)
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that helshehhey executed
the same in timberAheir authorized capacity(ies), and that by hislherhheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the pe(s) acted, executed the instrument -
WITNESS han and official seal
Signaturev
BY:
Sf_. Vice President
Assistant Secretary
RENATE HAHN 1
COM M. 61047475 m
® NOTARY PUBLIC - CALIFORNIALOS ANGELES 2
m `NT
my Comm Expires Dec 18Y1998 �!
f�
jNs area IOr dlo l roI tat seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE:, IF NO PARTY SHOWN, MAIL A L ttl re.o --
EXHIBIT "ONE" PAGE 5 OF 9
EXHIBIT "A"
LEGAL DESCRIPTION
BRIDGE EASEMENT OVER CREEKSIDE ROAD
THAT PORTION OF THE RANCHO SAN FRANCISCO, IN THE CITY OF SANTA
CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP
RECORDED IN BOOK 1 PAGES 521 AND 522, OF PATENTS AND THAT PORTION
OF LOT 2 OF TRACT NO. 43712 AS SHOWN ON MAP FILED IN BOOK 1068
PAGES 40 TO 46, INCLUSIVE, OF MAPS AND THAT PORTION OF LOT 3 OF
TRACT NO. 41960 AS SHOWN ON MAP FILED IN BOOK 1063 PAGES 80 TO
83, INCLUSIVE, OF SAID MAPS, ALL RECORDS OF SAID COUNTY BEING A
20.00 FOOT WIDE STRIP OF LAND, LYING 10.00 FEET ON BOTH SIDES OF
THE FOLLOWING DESCRIBED CENTERLINE:
AT THE INTERSECTION OF THE CENTERLINE OF CREEKSIDE
ROAD, 84 FEET WIDE, WITH THE CENTERLINE OF AUTO CENTER DRIVE, 84
FEET WIDE, SHOWN AS NEWHALL AVENUE, ON MAP OF SAID TRACT NO.
41960; THENCE ALONG SAID CENTERLINE OF CREEKSIDE ROAD SOUTH
i Y
63011'14" EAST 265.97 FEET TO THE BEGINNING OF A TNAGENT CURVE
CONCAVE NORTHERLY HAVING A RADIOUS OF 2,800.00 FEET; THENCE
CONTINUING ALONG LAST SAID CENTERLINE AND EASTERLY ALONG LAST
SAID CURVE THROUGH A CENTRAL ANGLE OF 02019129" AN ARC DISTANCE
OF 113.61 FEET; THENCE LEAVING LAST SAID CENTERLINE SOUTH
25009130" WEST 62.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 25009!30" EAST 124.00 FEET TO THE POINT OF TERMINATION.
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RECORDING REQUESTED BY
ANO WHEN nEC,ORDED MAIL THIS DEED AND, UNLESS OTHERWISE
SHOWN BELOW. MAIL TAX STATEMENT TO:
N. City of Santa Clarita
, 23920 Valencia Blvd.
" Santa Clarita, CA 91355
law
zro Attn: City Clerk
Title Order No.
CTC 1-101 (8-93)
Escr No.
EXHIBIT "ONE"
PAGE 7 OF 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Easement Deed
THE UNDERSIGNED GRANTOR(,) DECLARE(,) PUBLIC AGENCY EXEMPT REVENUE AND TAXATION CODE
DOCUMENTARY TRANSFER. TAX IS S -0- SECTION 11922
❑ unincorporated area ® City of Santa Clarita
Parcel No.
❑ computed on full value of interest or property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED. PARTNERSHIP),
A LIMITED PARTNERSHIP
hereby GRANT(S) to
CITY OF SANTA CLARITA
the following described-easemenginthe City Of Santa Clarita
county of LOS Angeles A state of California_.
Easement for pedestrian bridge purposes as described in the
attached Exhibit "A" Legal Description, and easement for ingress
and egress purposes as shown in attached Exhibit IIB".
THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMfTED PARTNERSHIP),
A LIMITED PARTNERSHIP
BY: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP
ITS MANAGING GENERAL PARTNER
BY: NEWHALL MANAGEMENT CORPORATION, �A CALIFORNIA CORPORATION
M MANAGING GENERAI/PP ARTNER r \ O
STATE OF CALIFORNIA
COUNTYOF LOS Ait, ,sEc,r<: }S.S.
O (
n ) I r- 1 6 t I `�I `SIS before me,
a Notary PulKc in and for said County and State, personally appeared
-i 4c, t -16S G -_ -"Dt ER.C.ILM n_ A 0Q
Oss -r. IS TD rJC
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare subscribed to the
within instrument and aeknowledged to me that he/shetthey executed
the same in hislhedtheir authorized capacity ies), and that by his/herttheir
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESSQha,.and official seal,/
Signature -sr l -,
BY:
41`' C%�11�!fl
Assistant Secretary
RENATE HAHN t
COMM. #1047475 m
•-� NOTARY PUBLIC - CALIFORNIA 2
m . LOS ANGELES COUNTY
MY Comm. Expires Dec: 18, 1998
(Tris area fw dfkial notwial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIREt: TEU AnvTc
EXHIBIT "ONE" PAGE 8 OF 9
EXHIBIT "A"
LEGAL DESCRIPTION
BRIDGE EASEMENT OVER VALENCIA BOULEVARD
THAT PORTION OF THE RANCHO SAN FRANCISCO IN THE CITY OF SANTA
CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP
RECORDED 'IN BOOK 1 PAGES 521 AND 522, OF :PATENTS, AND THAT
PORTION OF PARCEL 14 OF :PARCEL MAP NO. 22206 AS SHOWN ON MAP
FILED IN BOOK 240 PAGES 62 TO 87, INCLUSIVE OF PARCEL MAPS AND
THAT PORTION OF LOT 7 OF TRACT NO. 33746 AS SHOWN ON MAP FILED
IN BOOK 1056 PAGES 91 TO 96, INCLUSIVE, OF MAPS, ALL RECORDS OF
SAID COUNTY BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00
FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF VALENCIA
BOULEVARD WITH THE CENTERLINE OF TOWN CENTER DRIVE, SHOWN AS CITY
CENTER DRIVE, ON SAID MAP OF PARCEL MAP NO. 22206; THENCE ALONG
SAID CENTERLINE OF VALENCIA BOULEVARD NORTH 88°21'46" WEST 257.24
FEET; THENCE LEAVING LAST SAID CENTERLINE SOUTH 00043136" EAST
75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 00043136"
WEST 168.00 FEET TO THE POINT OF TERMINATION_
EXHIBIT "OIE" PAGE 9 OF 9
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