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1998-04-28 - AGENDA REPORTS - VACATION ON LUTHER DRIVE (2)
CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approva Item to be presented by: T. Brad Therrien DATE: April 28, 1998 SUBJECT: VACATION OF LUTHER DRIVE RESOLUTION NO. 98-60 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council adopt Resolution No. 98-60, to vacate that portion of Luther Drive shown on Exhibit `B," and direct the City Clerk to record the Resolution. BACKGROUND At their meeting on March 24, 1998, the City Council adopted Resolution No. 98-38, declaring its intention to vacate the portion of the existing Luther Drive, which is being realigned as part of the development agreement between the developer and Sulphur Springs School District. The portion that is being realigned is no longer needed and will be used as a shared parking lot by McDonalds and the new theater. ALTERNATIVE ACTIONS No alternative actions identified by staff. FISCAL IMPACT None ATTACHMENTS Resolution No. 98-60 Exhibit "A!'— Legal Description for the Vacation of a Portion of Luther Drive Exhibit `B" — Sketch to Accompany Legal Description MHF:vjj ..d1\95-068\..tg428.d. Adopted: -± �Zff �� ,�a !• ,/ 1:� � yet CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE VACATION OF A PORTION OF LUTHER DRIVE IN THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: Regarding the order of vacation of a portion of Luther Drive as required by the "Street Vacation Act of 1941". The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1" Floor, Santa Clarita, the 28t' day of April, 1998, at or after 6:30 p.m. Interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Blvd., 3'" Floor, Santa Clarita, California. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to the public hearing. Dated: April 10, 1998 Sharon L. Dawson, CMC City Clerk Publish Date: April 17 & 21, 1998 eng-civi\ 95-068 \ svpubnot.doc RESOLUTION NO. 98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA VACATING LUTHER DRIVE IN THE CITY OF SANTA CLARITA WHEREAS, Luther Drive extending 350 feet south of Soledad Canyon Road is being realigned and is no longer needed; and WHEREAS, the City Council adopted Resolution 98-38, declaring its intention to vacate Luther Drive and establish April 28, 1998 at 6:30 p.m. as the date and time for the Public Hearing; and WHEREAS, notices of Public Hearing were published and posted, and a public hearing was held on April 28, 1998 as required; and WHEREAS, the County of Los Angeles and the Gas Company will retain easements over the portions to be vacated and have no objection to the vacation; and WHEREAS, the proposed street vacation was reviewed and a Notice of Negative Declaration for the vacation of Luther Drive in compliance with the California Environmental Quality Act was certified, and that such notice was filed with the County Clerk of the County of Los Angeles; and THEREFORE, pursuant to the provisions of the "Street Vacation Act of 1941," 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 hereby found and determined that Luther Drive as described in Exhibit "A" and as shown on Exhibit `B" attached hereto and incorporated herein by this reference, which real property located in the City of Santa Clarita, County of Los Angeles, State of California, is no longer needed for present or prospective use based on the following facts: That this vacation does not cut off the sole access to the properties of any persons and does not terminate a public service easement; that the subject right-of-way is excess right-of-way not required for street or highway purposes and that the subject right-of-way is not required for general public access or circulation or for bicycle paths or trails. Section 2. That the public easements in, over, and across said property are reserved to construct, maintain, operate, replace, and remove the existing sewer and gas facilities as described in "Exhibit A" and as shown on Exhibit `B," as set forth in Section 8330 and 8331 of said Streets and Highways Code, Section 3. That the City Clerk of the City of Santa Clarita be instructed to record the certified original resolution, in the office of the Registrar of the County of Los Angeles, at which time the area will no longer be a public road. RESOLUTION NO. 98-60 Page 2 PASSED, APPROVED, AND ADOPTED this day of 19. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting thereof, held on the _ day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK MHF:vjj council\96069\rea99 60.d. Ll Legal Description for the Vacation of a portion of Luther Drive That certain portion of Luther Drive, being that portion of the southwest quarter of Section 21, Township 4 North, Range 15 West, San Bernardino Meridian, in the City of Santa Clarita, County of Los Angeles, State of California described as Part A in Deeds to the County of Los Angeles, recorded as Document No. 3442 on May 28, 1970 in Book D4726, Page 439 and recorded as Document No 3444 on May 28, 1970 in Book 4726, Page 443, both of Official Records, in the office of the County Recorder of said County, bounded easterly and southeasterly by the following described line: Commencing at the intersection of the centerline of Mandan Street, 60 feet wide, with the centerline of Luther Drive, 60 feet wide, as shown on Tract No. 40583, recorded in Book 1040, Pages 84 through 87, inclusive, of Maps, in the office of said County Recorder, thence, along said centerline of Luther Drive, North 00°16'30" West, 205.50 feet; thence, at right angles to said centerline of Luther Drive, South 89043'30" West, 30.00 feet to the TRUE POINT OF BEGINNING on the westerly line of Luther Drive, said point being the southwesterly corner of the land described in a deed to the City of Santa Clarita recorded October 9, 1997 as Instrument No. 97-1574050 of Official Records of said county, said point also being the beginning of a curve, concave southeasterly, having a radius of 280.00 feet and being tangent to said westerly line at said point; thence, along the southwesterly line of said deeded land and along said curve, northerly 95.41 feet through a central angle of 19031'26" to the beginning of a compound curve,.concave southeasterly and having a radius of 476.00 feet; thence, continuing along said westerly line and along said curve, northerly 101.64 feet through a central angle of 12°14'05" to a point hereinafter referred to as Point'A' on the easterly line of said Luther Drive. And bounded northerly by the following described line: Commencing at said Point `A; thence, continuing along the westerly, southwesterly, and southerly line of said deeded land the following six (6) courses: Continuing along said curve, northerly 50.79 feet through a central angle of 6°06'47' to the beginning of a reverse curve, concave northwesterly and having a radius of 210.00 feet, said curve begin tangent at its northerly terminus to a line parallel with and distant 40.00 feet westerly from the southerly prolongation of the centerline of Homyr Place, as shown on Tract No. 29913, recorded in Book 787, Pages 99 and 100, of Maps, in the office of said County Recorder Page 1 of 2 March 5, 1998 2. Along said curve, northerly 138.52 feet through a central angle of 37°47'41" to said parallel line; 3. Along said parallel line North 00°11'53" West, 45.77 feet to the beginning of a curve, concave southwesterly and having a radius of 15.00 feet, said curve being tangent at its westerly terminus to a line parallel with and distant 62.00 feet southerly from the centerline of Soledad Canyon Road 4. Along said curve, northerly and westerly 24.16 feet through a central angle of 92°17'38" to said parallel line 5. Along said parallel line, South 87°30'29" West, 37.68 feet to the beginning of a curve, concave northerly and having a radius of 313.00 feet 6. Along said curve, westerly 9.87 feet through a central angle of 1048'22" to the TRUE POINT OF BEGINNING on the easterly line of said Luther Drive thence, continuing along said curve, westerly 15.16 feet through a central angle of 2°46'30" to the beginning of a reverse curve, concave southerly and having a radius of 313.00 feet, said curve being tangent at its westerly terminus to a line parallel with and distant southerly 60.00 feet from said centerline of Soledad Canyon Road; thence, along said curve, westerly 25.03 feet through a central angle of 4°34'52'.' to said parallel line; thence, along said parallel line South 87°30'29' West, 49.77 feet to the northwest comer of said Luther Drive, said point being the POINT OF TERMINATION Containing 17,694 Square Feet, more or less Reserving therefrom a ten (10) foot wide easement for gas line purposes over that portion of Luther Drive to be vacated that lies five (5) on each side of a line that is parallel with and distant twenty five (25) feet easterly of said centerline of Luther Drive Also, reserving -therefrom a twenty (20) foot wide easement for sewer purposes, the westerly line of which is the centerline of that portion of Luther Drive to be vacated twenty See the map attached hereon as Exhibit 'B' and by reference made a part hereof Page 2 of 2 March 5, 1998 David 0. Knell, PLS 5301 (Expires 12-31-99) �Q LAND SU D• L.S. 5301 f *�\Exp. 12-31.99 EXHIBIT 'B' SKETCH TO ACCOMPANY LEGAL DESCRIPTION - �1Q N17.56'50'7 M10.41'09'7 RAO Rr513' SO_LEDAD_ _CAN N N 1.25'1 PRC I R-15.00' u 4 3 L v4.16' '^^ 49..77' 582'.30,.7, 587•.'0'19'7 I 091.13'01'Gr �. 6 .'�. 40'1 36' L 70.5A' CASEAENT FOR SANITARY M0 PLUS " ' Qi N. EASEIFN7 F04 GLS 10' LANE PORPOSE'S J0.001-1, 0. 589.4000' %� I 30. I to N N I N a b 12 POB I MANDAN S TREE T ROAD 0 b 97-1574050 ' 10-9-97 DATA TABLE (j)0-19•Jf'Z6-R480.00' L- 95.41' ©D -12.14'05'R-476.00' L-101.64' ©D- 2.46'30' R=513.00' L- 15.16' 00- 4.34'52' R-JTJ.00' L- 25.0J' 0D- 6.06'47' R�476.00' Ls 50.2'9' ®D- 1.48'22' R-313.00' L- 9.87' ©D=62.19'40' R- 19.00' L- 20.67' WILLDAN ASSOCIATES JISCALE 1••100 ATE 3/6/96 1 LUTHER AVENUE VACATION (PORTION) ENG84LERS • PLANNERSM 67 06 Qsao a 0S9nWS PMIA � zoo dWSMXA CITY OF SANTA CLAR I TA —