HomeMy WebLinkAbout1997-08-26 - AGENDA REPORTS - EASEMENT FOR PUBLIC ROADS (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Lawrence P. Cushman
CONSENT CALENDAR
DATE: August 26, 1997
SUBJECT: ACCEPT PROPERTY (FEE TITLE) AND EASEMENT FOR PUBLIC ROAD
AND HIGHWAY PURPOSES BETWEEN FOURL ROAD AND WILEY
CANYON ROAD
DEPARTMENT:Transportation and Engineering Services
The City of Santa Clarita is in the process of acquiring surplus land from the Los Angeles
County Flood Control District that may be used to provide an easement for public sewers and
access from Wiley Canyon Road to parcels that are landlocked as a result of the construction of
the Santa Clara South Fork Channel improvements. Fourl Road (private street) was severed
to the north when the flood control channel was constructed, and the private street connecting
to Wiley Canyon Road on the south is over a very steep hillside which prevents its use as a
means of access. The parcel of land in question is located between, and connects Fourl Road to
Wiley Canyon Road. This parcel could be used in the future as a public or private access to
properties along Fourl Road. The City Engineer has successfully negotiated with the Los
Angeles County.Flood Control District to acquire the land at no cost to the City. Currently, no
improvements are existing or proposed at this time for this land. In order to complete the final
land acquisition, the City Council must approve the acquisition and the County must record the
deeds.
RECOMMENDATION
1) Authorize the City Manager to execute the "Document Approval Letter"; 2) authorize the City
Clerk to execute the Certificate of Acceptance for the Quitclaim Deed and Easement after the
County forwards the executed documents to the City for acceptance.
ATTACHMENTS
Document Approval Letter
Map
Planning Commission Staff Report
Sample Easement
Sample Quitclaim Deed
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MP -6
337.042
Job No. M9621010
Mr. Brian Scanlon, Assistant
Mapping & Property Management
Los Angeles County Department
P.O. Box 1460
Alhambra, CA 91802-1460
Deputy Director
Division
of Public Works
Attention Leonard W. Stockwell
Dear Mr. Scanlon:
SANTA CLARA RIVER -SOUTH FORK - PARCELS P-66EX AND P-66
DOCUMENT APPROVAL
We have examined and do hereby approve and accept the terms and
conditions stipulated in the proposed Quitclaim Deed and Easement
document from the Los Angeles County Flood Control District to the
City of Santa Clarita.
We hereby authorize Los Angeles County Flood Control District to
record the original Deed and Easement and to instruct the County
Registrar -Recorder to mail said documents to the above-named
Grantees at the address set forth below.
We have investigated and satisfied ourselves as to the local
requirements of zoning, setbacks, parcel map, and other building
ordinances as they may affect our future improvements on the land.
It is our understanding that this inter -governmental transaction
does not require Documentary Transfer Tax and recording fees.
Signature
Name
LWS:jb/P-6/WP#348/1trLWS
Date Signature
Title Name
Address:
Date
Title
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CITY OF, SANTA CLARITA
STAFF REPORT
DATE: January 21, 1997
TO: Chairperson and Members of the Planning Commission
FROM: Ken Pulskamp, Assistant City Manager
LOCATION: East of Wiley Canyon Road and just south of Powell Drive.
REQUEST: Planning Commission Review of a land acquisition that could provide access
from Wiley Canyon Road to.parcels that are landlocked.
ANALYSIS
The City of Santa Clarita is in the process of acquiring land from the Los Angeles County Flood
District that could provide access from Wiley Canyon Road to parcels that are landlocked as a
result of the construction of the Santa Clara South Fork Channel improvements. The City
Engineer has successfully negotiated with the L.A. County Flood District to acquire the land
at no cost to the City. Currently, no improvements are anticipated with this land.
In order to complete the final land acquisition, the Planning Commission must make a finding
that the purchase of the land is consistent with the City's General Plan. Staff has reviewed and
determined that it is consistent with the City's General Plan policy (C-49) to support local
streets that shall serve to link neighborhoods to the arterial streets. The acquisition has been
circulated to the various City agencies and no negative comments were received.
Staff recommends that the Planning Commission make a finding that the acquisition of this land
for public access is consistent with the City's General Plan and that this decision is by Planning
Commission minute action.
JJL:JWH
pingcom/fourlcon.jwh
0RIGITN L
RECORDING REQUESTED BY
AND MAIL TO:
City of Santa Clarita
23920 W. Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2107
.Space Above This Line Reserved for Recorder's Use
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER.
TAX PURSUANT TO SECTION 11922 OF THE REVENUE @
TAXATION CODE - ..
THIS DOCUMENT RECORDED BY CITY OF SANTA CL4RITA'
PURSUANT TO SECTION 6103 OF THE GOVERNMENT CODE
Assessor's Identification Number:
2829-024-918 (Portion)
For a valuable consideration, receipt of which is hereby acknowledged,
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "District"; does hereby grant to CITY OF SANTA CLARITA, a municipal
corporation, hereinafter referred to as "Grantee", an easement for public road and highway purposes
and for bridge purposes in, on, over and across the real property in the City of Santa Clarita, County
of Los Angeles, State of California, described in Exhibit "A", attached hereto and by this reference
made a part hereof.
Subject to all matters of record and to the following reservation and conditions which the
Grantee, by the acceptance of this Easement document and/or the exercise of any of the rights
granted herein, agrees to keep and perform, viz:
1, District reserves the paramount right to use Said land for flood control purposes.
2. Grantee agrees that it will not perform nor arrange for the performance of any
construction or reconstruction work in, on, over and across the land herein -described
until the plans and specifications for such construction or reconstruction work shall
have first been submitted to and been approved in writing by the Chief Engineer of the
Los Angeles County Flood Control District.
3. Grantee agrees that it will provide district satisfactory vehicular access to both
existing service roads along unobstructed corridors twelve (12) feet wide with a
center line turning radius of not less than forty (40) feet; that commercial driveway
aprons will be provided at the sidewalks for District's vehicular access to said service
roads; and that the easterly double drive gate will be recessed and all fencing installed
or relocated to District's satisfaction.
.4. Grantee further agrees that it will indemnify and save harmless District, its officers,
agents and/or employees from any and all liability, loss or damage, to which District,
its officers, agents and/or employees may be subjected as the result of any act or
omission by Grantee, its officers, agents or employees arising out of the exercise by
Grantee, its officers, agents or employees of any of the rights granted to it by this
Easement document.
File with: SANTA CLARA RIVER -
SOUTH FORK 66
337 -RW 5
S.D.5 M9621010
SANTA CLAR_ A RIVER -SOUTH FORK 66
. EASE (Santa) Zof4
5. Grantee agrees that any damageao District's existing structure that may be caused, or
related in any manner to the exercise by Grantee of the rights herein conveyed; shall
be the sole responsibility of Grantee.
6. It is expressly understood that the District will not be called upon to construct, repair,
maintain or reconstruct any structure or improvement:to be erected or constricted
pursuant to this Easement document.
7. This grantis subject to all valid and existing encumbrances of record, and is subject
to the continuing right of the District -and its successors to use the said land hereof;
in common with Grantee and its successors, with'the understanding that after
completion of any construction work presently contemplated; whenever, either party
alters or improves its facilities within. such common area, such party shall assume the
actual and necessary cost, exclusive of betterments, of accommodating the other's
facilities located in such common area and necessarily affected by the. proposed
alterations or improvements, and that neither party will undertake any such alterations
or improvements without first submitting to and obtaining the written approval by the
other of the plans and specifications thereof; which approval shall not be unreasonably
withheld.
8. The provisions and agreements contained in this Easement document shall be binding
upon Grantee, its successors, and assigns.
To the extent any lawful assessment be levied pertaining to the area to which this easement
applies, and to the extent that the assessment is based on the improvements being constructed under
the authority of this easement and provided further that the assessment be levied following Grantee's
exercise of these easement rights to construct such improvements, Grantee agrees to pay on behalf
of District that part of any such assessment levied against the District which is based on the value
contributed to that area by Grantee.'s said improvements.
Dated
LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
'By
Chairman, Board of Supervisors of the
Los Angeles County Flood Control District
(LACFCD-SEAL)
ATTEST:
JOANNE STURGES _
Executive Officer -
Clerk of the Board of Supervisors
Deputy
DB:sI:MP-9:451anta
File with:
•3of4
SANTA CLARA RIVER -SOUTH FORK 66
I.M. 234=117
337 -RW 5
Fifth District
T. G., 127 (A5) Old/4640(F2)..New -
A..M.B. 2829-024-918(Por.)
. DESCRIPTION `
(outgrant of easement)
Parcel No. 532 of Atwood Addition -West Newhall; as.shown on -
map' filed in Book 25, pages 30, 31 and 32, of Record of Surveys, in
office of the.Recorder of the County of Los Angeles.
Excepting therefrom that portion lying southeasterly of the
southwesterly prolongation of the'southeasterly side line of that
certain 75 -:foot strip of land described as Parcel No.' 65A, in a
Final Order of Condemnation, had in Superior Court Case No. 977898,
a certified copy of which is recorded in Book D4900, page 568, of
Official Records, in the office.of said recorder.
The area, of the above-described parc
feet, more or less. el of -land is 3,336 square
ITM: mrp329: 5: desj bm
EXHIBIT A►
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 1 ss.
SANTA CLARA RIVER -SOUTH FORK, EASE (Santa) 4,f4
On January. 6, 1987, the Board of Supervisors for the County of Los Angeles -.and ex officio.the
governing body of all other special assessment and.taxing districts, agencies and authorities for which said
Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized
the use of facsimile signatures of the Chairman of the Board on all papers, documents, or instruments
requiring his signature.
The undersigned hereby certifies that on this day of 19
the facsimile signature of
Chairman of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
was affixed hereto as the official execution of this document. The undersigned further certifies that on this
date, a copy of the document was delivered to the Chairman of the Board of Supervisors of the '
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT.
In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year
above written.
(LACFCD-SEAL)
APPROVED as to form
DE WITT W. CLINTON, County Counsel
M
Deputy
APPROVED as to title and execution,
199
DEPARTMENT OF PUBLIC WORKS
Mapping & Property Management Division
MARTIN Z YOUNG
Supervising Title Examiner III
JOANNE STURGES, Executive Officer -
Clerk of the Board of Supervisors
Deputy
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by written
deed or grant dated
from
to the Crry of anta Clarita, a pohnca corporation anor governmental
agency, is hereby accepted by the undersigned officer or agent on behalf of the
Ci council of the i of Santa Clarita pursuant to authority conferred by
Resolution No. 88-119 of the City of Santa Clarita, adopted by the City
Council of said City on August 25, 1988, and the grantee consents to the
recordation thereof by its duly authorized officer.
By .
City Clerk
�,�• b '6 A' Y h
RECORDING REQUESTED BY
AND MAIL TO:
City of Santa Clarita
23920 W. Valencia Boulevard; Suite 300
Santa Clarita, CA 913552107
THIS DOCUMENT RECORDED BY CITY OF SANTA
CLARITA PURSUANT TO. SECTION 6103 OF THE
GOVERNMENTCODE '
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY
TRANSFER TAX PURSUANT TO SECTION 11922 OF THE
REVENUE & TAXATION CODE -
Space Above This Line Reserved jar Recorder's Use '
Assessor's Identification Number:
2829-024-918 (Portion)
QUITCLAIM DEED
For a valuable.consideration, receipt of which is hereby acknowledged,
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, does hereby
remise, release and forever quitclaim to CITY OF SANTA CLARITA, a municipal corporation, all its right,
title and interest in and to the real property in the City of.Santa Clarita, County ofLos. Angeles, State of
California, described in Exhibit "A" attached hereto and by this reference made a part hereof.
EXCEPTING AND RESERVING all oil, gas, petroleum, and other hydrocarbons and minerals, but
without right of entry to the surface of said land.
Subject to all easements; rights, rights of way, reservations, restrictions, covenants and
conditions and allother matters of record, and to the following express condition which the CITY OF
SANTA CLARITA, by the acceptance of this Quitclaim Deed, agrees. to keep and perform, viz•,
The express condition that the real property herein conveyed shall be used only for public road and
highwaypurposes and that if the CITY OF SANTA CLARITA should fail, refuse or neglect to use said real
property for public road and highway purposes, title to said real property shall immediately revert to the
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT without further notice and without the
necessity of any affirmative action on the part of said District to assert any rights in said real property.
Dated
LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
By
Chairman, Board of Supervisors of the
Los Angeles County Flood Control District
ATTEST:
JOANNESTURGES
(LACFCD-SEAL) Executive Officer -Clerk
F
TA CERA RIVER - SOUTH FORK of the Board of Supervisors
EXRW5S M9621010 By
MP•9:s Usc Deputy
----------------------------------------------------------------------------------
MAIL TAX STATEMENT TO ADDRESSEE ABOVE
SANTA. CLARA'RIVER_SOUTH FORK P2 of 3. I.M. 234-117-
337 -RW' S
Fifth District
T.G. 127 (AS) Old/4640(F2) New
A.M.B. 2829-024-918(Por.)•.'
DESCRTnTION
PAR FL No P GGEX (-Quitclaim of a
portion -of fee):
Parcel No. 532- of Atwood Addition -West Newhall, as shown on
map filed in Book.25, pages 30, 31 and 32, of Record
office of the Recorder of the of Surveys, in
County of'Los.Angeles.
Excepting therefrom
souththat portion lying northwesterly prolongation westerly of the
certain 75 -foot of the southeasterly - side line of that
strip of land described as Parcel No. -65A, in a
Final Order of Condemnation, had,in Superior Court Case'No.
a certified copy of which is ,recorded 977898,
in Book D4900, page 568, of
Official Records, in the office of said recorder."
The area of the above-described parcel of land, is 6,696 square
feet, more or less.
JBM:mrP329:5<desjbml
' SANTA .CLARARIVERSOUTHFORK,QUITCLAIMDEED(Santa) 3of3
STATE OF CALIFORNIA ) � �,
COUNTY OF LOS.ANGELES SS..
On January 6, 1987, the Board of Supervisors for the County of. Los ' Angeles and ex officio the
governing body of all other special assessment and taxing districts, agencies and authorities for which said
Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized -
the use of facsimile signatures of the Chairman of the Board on all papers,. documents, or instruments
requiring his signature.
The undersigned hereby certifies that on this' day of '19
the facsirrule signature of
Chairman of the Board of Supervisors ofthe IAS ANGELES .COUNTY FLOOD CONTROL DISTRICT
was affixed hereto as the official execution of this document. The undersigned further certifies that on this
date, a copy of the document was delivered to the .Chairman of the Board of Supervisors -of the
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT.
In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year
above written. -
(LACFCD-SEAL)
APPROVED as to form
DE WITT W. CLINTON, County Counsel
Deputy
APPROVED as to title and execution,
199_
DEPARTMENT OF PUBLIC WORKS
Mapping & Property Management Division
MARTIN J. YOUNG
Supervising Title Examiner III
JOANNE STURGES, Executive Officer -
Clerk of the Board of Supervisors
LZ
Deputy
CERTIFICATE OF ACCEPTANCE .
This is to certify that the interest in real property conveyed by written
deed or grant dated
from
to the City of si political corporation and/or governmental
agency, is hereby accepted b the undersigned officer or agent on behalf of the
CityCouncil of the City of�Santa Clarita pursuant to authority conferred by
Resolution No. 88-119 of the City of Santa Clarita, adopted by the City
Council of said City on August 25, 1988, and the grantee consents to the
recordation thereof by its duly authorized officer.
By
City Clerk
�L
RECORDING REQUESTED BY
AND MAIL TO:
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
P.O. Box 1460
Alhambra, CA 91802-1460
Attention: Mapping & Property
Management Division
R/W Engineering Section
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER
TAX PURSUANT TO SECTION 11922 OF THE REVENUE &
TAXATION CODE
THIS DOCUMENT RECORDED BY LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT PURSUANT TO SECTION 6103 OF THE
GOVERNMENT CODE
Space Above This Line Reserved jorRecorder's Use
Assessor's Identification Numbers:
2836-032-046, 053 & 056
For a valuable consideration, receipt of which is hereby acknowledged,
CITY OF SANTA CLARITA, a municipal corporation, successor in interest by reason of incorporation
to the County of Los Angeles, does hereby remise, release and forever quitclaim to
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, all its right, title
and interest in and to the following easements:
Easements for storm drain and storm drain ingress and egress purposes as shown on and dedicated
to the County of Los Angeles by the map of Tract No. 31549, filed August 31, 1984, in Book
1039, pages 59 to 67, inclusive, of Maps, in the office of the Recorder of the County of Los
Angeles.
An easement for storm drain ingress and egress purposes as shown on and dedicated to the County
of Los Angeles by the map of said Tract No. 31549.
Said easements are affected insofar and only insofar as they exist on the real property in the City of Santa
Clarita, County of Los Angeles, State of California, described in Exhibit "A'.' attached hereto and by this reference
made a part hereof.
The easements quitclaimed herein are conveyed pursuant to and upon the terms of Agreement No. 60878,
recorded on August 22, 1989, as Document No. 89-1346418, of Official Records, in the office of the Recorder of
said County, which terms are more particularly described therein and which are incorporated herein by this reference.
TRANSFER DRAINS
Private Transfer Drain No. 1745 P -ISD
Includes Parcel P -11E
C.I. 249-137
S.D. 5 LX000051
PRIVATE TRANSFER DRAIN NO, 1745
Q.C. Ease (City of Santa Clarita) 2 of
IN WITNESS WHEREOF, on 19
the CITY OF SANTA CLARITA, a municipal corporation, has caused this Quitclaim of Easements document to
be executed by its duly authorized officer, pursuant to resolution adopted by its City Council.
(City Seal)
ATTEST:
Lo
City Clerk
TKA:mr
MR9149:pd1745
CITY OF SANTA CLARITA,
a municipal corporation
0
Mayor
File with: TRANSFER DRAINS
PRIVATE DRAIN NO. 1745 P-lSD
Includes P-lIE
C.I. 249-137
Fifth District
T.G. 4551 (E4)
DESCRIPTION
PARCEL NO. P -SSD (Easement for storm drain and storm drain
ingress and egress purposes):
Those portions of Lots 1, 2, 3, 4, 6 and 7 of Tract No. 31549,
as shown on map filed in Book 1039, pages 59 to 67, of Maps, in the
office of the Recorder of the County of Los Angeles designated as
"EASEMENT TO THE COUNTY OF LOS ANGELES FOR STORM DRAIN AND STORM
DRAIN INGRESS AND EGRESS PURPOSES.", on said map and that portion
of Lot 5, of said tract, designated as "10' WIDE EASEMENT TO THE
COUNTY OF LOS ANGELES FOR STORM DRAIN & STORM DRAIN INGRESS AND
EGRESS PURPOSES.", on said map.
PARCEL NO. P -SIE (Easement for storm drain ingress and egress
purposes):
That portion of Lot 5 of said above-mentioned tract,
designated as "EASEMENT TO THE COUNTY OF LOS ANGELES FOR STORM
DRAIN INGRESS AND EGRESS PURPOSES.", on said map.
EXHIBIT A
MT:mt\pd1745\p-1sd&1ie
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
11
1" 111. 'Jl it IP
before me,
(insert name and title)
4 of
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 instrtunent and acknowledged to me that he/she/tIM executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(Signature)
(Name, Typed or Printed)
(Seal)
NOTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED
ACKNOWLEDGMENT FORM
(FOR COUNTY USE ONLY)
STATE OF CALIFORNIA )
ss.
COUNTY OF IAS ANGELES
On before me, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the
County of Los Angeles, personally appeased
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity on behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CONNY B. McCORMACK, Registrar -Recorder/
County Clerk of the County of Los Angeles
By
Deputy County Clerk
APPROVED as to title and execution,
199_
DEPARTMENT OF PUBLIC WORKS
Mapping & Property Management Division
MARTIN 1. YOUNG
Supervising Title Examiner III
MY-Y:331aea4
OF ACCEPTANCE
This is to certify that the interest in real properly conveeyyed by the within deed or grant
is hereby accepted under the authority eci= by Ordinance No. 85-0108, duly and regularly
adopted by the Board of Supervisors of the County of Los Angeles on the 18th day of June,
1985, and the Grantee consents to the recordation thereof by its duly authorized officer.
BY
ASSISTANT DEPUTY DIRECTOR
Mapping & Property Management Division