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HomeMy WebLinkAbout1995-01-24 - AGENDA REPORTS - SOUTH FORK TRAIL EASEMENT (2)AGENDA REPORT City Manager Approv; Item to be presented CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: BACKGROUND January 24, 1995 South Fork Trail Easement Parks, Recreation, and Community Services Rick Putn The Parks, Recreation, and Community Services Department, through the direction of the General Plan, is continuing to procure easements within the south fork of the Santa Clara River necessary to develop the multi -use South Fork Trail system.. Phase I of the South Fork Trail included a Class I bikeway and a separate equestrian trail, approximately 1.7 miles in length from the trailhead at Magic Mountain Parkway to the abandoned Newhall Avenue crossing of the south fork of the Santa Clara River. Phase II of the South Fork Trail included a bridge over the channel connecting the trail to Newhall Avenue. This project connected the communities of Valencia and Newhall with a Class I bikeway and pedestrian alternate transportation system. The easement attached for review, approval, and acceptance by the City Council provides for pedestrian and equestrian access from the Phase II bridge near Newhall Avenue north to the confluence of Newhall Creek in the river bottom. This trail route will eventually provide the trail connection to the Placerita Canyon community and access to the recently completed Placerita Creek undercrossing of the Metrolink line. The easement was negotiated with the Newhall Land and Farming Company at no cost to the City for the use of this property. The City Attorney has reviewed the easement and its conditions and has approved the documentation as to form and consistency with previous easements provided for the South Fork Trail. RECOMMENDATION It is recommended that the City Council review, approve, and accept the easement identified in this report and direct staff to record the easement with the County of Los Angeles. ATTACHMENT South Fork Trail Easement REP:JMI:cac counci/IsReasag.jmi Agenda Item: RECORDING REQUESTED BY: City of Santa Clarita Parks, Recreation, & Community Services WHEN RECORDED MAIL TO: Space above this line for Recorder's use EASEMENT For a Valuable Consideration, receipt of which is hereby acknowledged, THE NEWHALL LAND AND FARMING COMPANY (A CALIFORNIA LIMITED PARTNERSHIP) does hereby grant to the City of Santa Clarita an easement for, and the right to construct, maintain, operate, and use a Multi -Use Trail for the purposes set forth in Exhibit "A' in and across the real property in the City of Santa Clarita, County of Los Angeles, State of California, as described in Exhibit "C." Exhibits "A, B, and C" are attached hereto and made a part hereof by reference. Together with the right to enter upon and to pass and repass over said easement and right of way and to deposit tools, implements, and other materials, thereon, by said City, its officers, agents, and employees, and by any contractor, his agents and employees, engaged by said City whenever and wherever necessary for the purposes above set forth. It is understood that each undersigned grantor grants only that portion of the above described land in which said grantor has an interest. Dated:: , 19 For Easement # 5 River Bottom APN # FOR SIGNATURE BLOCK SEE EXHIBIT "B" ATTACHED HERETO EASEMENT #5 EXHIBIT "A" See Sikand River Bottom Easement Legal Description No. 5351 Exhibit "C" 6/1/93. Attached hereto and made a part hereof by reference. Any permits required for the improvement, maintenance, or repair of the foregoing easement including any equestrian trails to be located in or along the South Fork of the Santa Clara River, will be applied for and obtained by the City with the cooperation and support of Newhall. Any design or construction that is required of Newhall by the foregoing easement shall include City standards and specifications so long as such standards and specifications are consistent with design and construction standards and specifications of the Los Angeles County Flood Control District. Following the construction of any permanent flood control improvements, City agrees to quitclaim any interim (temporary) trail easements which may have been granted prior to such construction. Following the construction of any permanent flood control improvements, Newhall agrees to relocate any easements that were located in the vicinity of the permanent flood control improvements so that, following the completion of such improvements, the City will continue to have easements in the same approximate width and for the same uses as existed prior to the completion of such improvements. The City agrees to quitclaim any area within the river bottom easement where permanent flood control improvements are constructed as well as those areas which are freed from flood hazard as a result of such construction and the City further acknowledges and agrees that no relocated or replacement easements will be conveyed by Newhall in connection with any permanent flood control improvements that are constructed within the river bottom easement. Newhall agrees that following the quitclaim of any area within the river bottom easement where permanent flood control improvements are constructed as well as those areas which are freed from flood hazard as a result of such construction, a sufficient portion of the river bottom easement shall remain so that pedestrian, bicycle and equestrian ingress to and egress from the South Fork Trail easements continues to be available. Any grant by Newhall of a relocated easement shall be subject to the same reservations and conditions as the grant of the original easement and shall be conditioned on the receipt by Newhall of quitclaim deed(s) from the City for any interim (temporary) easements that are no longer required. Following the completion of any permanent flood control improvements, the City shall be responsible for the replacement, improvement and landscaping of any affected trails (pedestrian, biking, and or equestrian) ("permanent flood control trails") beyond the standard requirements imposed by the Los Angeles County Flood Control District for flood control structures, fencing and service roads. Any quitclaim deed granted by the City to Newhall pursuant to the provisions of this easement agreement shall be granted with title subject to the same exceptions as originally conveyed by Newhall to the City, subject only to any utility easements that may have been granted by Newhall in accordance with the provisions of this agreement. The City hereby agrees to indemnify, defend and hold Newhall, its partners, officers, directors, shareholders, employees, agents and representatives harmless from any and all claims, actions, suits, demands, judgements, debts, losses, damages, liabilities, costs and expenses, including attorneys' fees and costs and including personal injury and property damage, which arise, directly or indirectly, from the use (including improvement, maintenance and repair) by the City or its contractors, subcontractors, agents, employees or other persons acting on the City's behalf or from the use by the public of any of the foregoing easements. EASEMENT #5 EXHIBIT "A" Part B (Continued) Except as otherwise stated in this easement agreement or in any other agreements (including easement agreements) with other governmental agencies or utilities, the City shall, following the grant of each of the foregoing easements, thereafter be responsible for the maintenance, repair, replacement, and improvement of each easement area, including, without limitation, surfacing, landscaping, fencing, signage, grading and ramps. The City shall keep each easement area in good repair and free of weeds and trash. The City hereby acknowledges that the City's title to each of the easements shall be subject to covenants, conditions, restrictions, easements, encumbrances and other matters of record on the date each easement is conveyed by Newhall to the City. Newhall hereby reserves the right to grant access and utility, including water, sewer and cable, easements within the easement areas so long as such utility easements do not unreasonably interfere with the easements (or their intended use) granted hereunder. In addition, Newhall hereby reserves the right, in connection with development, maintenance, repair and/or construction activities adjacent to an easement area, to temporarily relocate easement areas, at Newhall's expense, and/or to temporarily (not to exceed 90 Days) close easement areas in connection with such development, maintenance, repair and/or construction activities, following the completion of any development, maintenance, repair and/or construction activities, which necessitate temporary relocation or temporary closure. Newhall shall, at its sole cost and expense, restore any affected easement area to its condition prior to the commencement of such activities. The City hereby acknowledges that no rights for pedestrian, bicycle, equestrian, recreational or any other purposes are intended to be granted by Newhall beyond the boundaries of any of the foregoing easements. The foregoing easements shall run with the land and be binding on the City's and Newhall's successors and assigns. 130 EQiIDTf "A" A5.. J110 GASEN,Gni 5 P�-' yv r � c ' r M 59 if r 1 —•� ^89044 2836 .; • .� SUB Cr tSrcrl '� .� ` �yo) LO2� ���y} :, Vii, �� � �,✓ � 1 of z r� O Q ui D cn Ifig sY�tiA Jifftc +t. `c � f.v i 's c,t� avmi/a "• LICE.NSFD SURV�YORS MAP L.5.27-41-43 i ST. JOHN SUBDIVISION Ivi-R. 196-306-309 BEE: y —. The Newhall Land and Farming Company (a California Limited Partnership) By: Newhall Management Limited Partnership its Managing General Partner By: Newhall Management Corporation Its Managing General Partner' In Date: Its: Senior Vice President Date: Its: Assistant Secretary CITY OF SANTA CLARITA to ATTEST: Date: JoAnne Darcy, Mayor Date: Donna Grindey, City Clerk APPROVED AS TO FORM: Date: Carl Newton, City Attorney EXHIBIT 'C' Q SIKAND . Engiftering Plemingn8 Surveying 16230 Bwbank BNd. Ven Nuys, CA 81411 Telephone:(818) 787-8660 42131 873-6863 Sheet No. i of 2 Written by DAN MAY Date 5-1-93 Work Order No. 1020-146 Checked by Date Description No. 5351 Client THE NEWHALL LAND AND FARMING COMPANY Area LEGAL DESCRIPTION SOUTI1 FORK RIVER BOTTOM EASEMENT #5 THOSE PORTIONS OF LOTS 54, 55 AND 59 OF ST. JOHN SUBDIVISION, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 196 PAGES 304 TO 309, OF MISCELLANEOUS RECORDS, RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF LOT 9 OF LICENSED SURVEYOR'S MAP RECORDED IN BOOK 27 PAGES 41 TO 43, OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY BOUNDED AS FOLLOWS: -BOUNDED ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF TRACT NO. 5844 AS SHOWN ON MAP RECORDED IN BOOK 69 PAGES 41 AND 42 OF MAPS, RECORDS OF SAID COUNTY AND AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 83 PAGES 14 TO 20, OF RECORDS OF SURVEYS, RECORDS OF SAID COUNTY; BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY LINE OF SAID LOT 54, ALSO BEING THE NORTHEASTERLY LINE OF NEWHALL AVENUE, 60 FEET WIDE, AS SHOWN ON LAST SAID RECORD OF SURVEY MAP; BOUNDED ON THE NORTHWEST BY A LINE 30.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF TRACT NO. 39593 AS SHOWN ON MAP FILED IN BOOK .936 PAGES 12 AND 13 OF SAID MAPS; BOUNDED ON THE WEST BY A LINE 126..00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF TRACT NO. 29902 AS SHOWN ON MAP FILED IN BOOK 810 PAGES 36 TO 43, INCLUSIVE, OF SAID MAPS, AND ITS SOUTHERLY PROLONGATION; BOUNDED ON THE EAST BY THE WESTERLY LINE OF SAN FERNANDO ROAD, 90 FEET WIDE, AS SHOWN ON LAST SAID RECORD OF SURVEY MAP; ALSO BOUNDED ON THE EAST BY THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 36440 PAGE 146 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY AS SHOWN ON LAST SAID RECORD OF SURVEY MAP AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED LINE: EXHIBIT "C" Q SIKAND fnpineerinp R q Surveying 16230 8wbenk Blvd. Vin BMi", CA 91411 Telephmw:(8181 787-8660 (213) 8736863 Sheet No. 2 of 2 Written by DAN MAY Date 6-1-93 Work Order No.. 1020-146 Checked by Date Description No. 5351 Client THE NEWHALL LAND AND FARMING COMPANY Area I LEGAL DESCRIPTION BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID TRACT NO. 29902 DISTANT THEREON SOUTH 00015'18" EAST 120.00 FEET FROM THE NORTHEASTERLY CORNER OF LOT 114 OF SAID TRACT NO. 29902; THENCE SOUTH 89000'00" EAST 640.00 FEET, MORE OR LESS, TO A POINT ON SAID WESTERLY BOUNDARY OF LAND DESCRIBED IN DEED RECORDED IN BOOK 36440 PAGE 146 DISTANT THEREON NORTH 04°02'43" WEST 205..00 FEET FROM THE SOUTHERLY TERMINUS OF THAT COURSE SHOWN AS NORTH 04002'43" WEST 416.76 FEET.