HomeMy WebLinkAbout2008-05-27 - AGENDA REPORTS - MTA LANDSCAPE SURFACE RIGHTS (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Dennis Luppens
DATE: May 27, 2008
SUBJECT: ASSIGNMENT OF SURFACE RIGHTS - LANDSCAPING ON
METROPOLITAN WATER DISTRICT PROPERTY AT MCBEAN
PARKWAY AND DECORO DRIVE
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council:
1) Approve Assignment Agreement with the Newhall Land & Farming Company (NLF).
2) Authorize the City Manager or his designee to execute all documents associated with the
assignment of surface rights, subject to City Attorney approval.
BACKGROUND
A landscaping project, located at the northwest corner of McBean Parkway and Decoro Drive,
has been completed and paid for by NLF, as a condition of development for North Valencia II.
The City's Landscape Maintenance Districts (LMD) will maintain the landscape. However, this
property is owned by the Los Angeles Metropolitan Water District (MWD), and property
surface/land use rights were granted to NLF in the early 1970's. Therefore, an Assignment
Agreement with NLF is required in order to allow access to the property for LMD maintenance
purposes.
ALTERNATIVE ACTIONS
Other actions as provided by the City Council.
N1
FISCAL IMPACT
No impact to the General Fund. This is an LMD-maintained area, and sufficient maintenance
funds are proposed in the FY 08-09 LMD Budget for Zone 7 (Creekside).
ATTACHMENTS
Map
Assignment Agreement available in the City Clerk's Reading File
SCALE: 1" 490, - -
IMS E)"BIT, IS TO',BE-ATiACHEO TO THE LEGAL DESCRIPTION
PORTION OF RANCHO;SAN--FRANCISCO,?RECOROED,']N BOOK -1. PAGES 521 AND 522
OF PATENTS, ;fN-THt'CITY OF -SANTA CLARITA, COUNTY
'OF --LOS ANGELE!; ; IN THE 'S'T'ATE bF CALIFORNIA
MQUIT MAE ASIS -QF- -BEARINGS*
PROJECT A A THE _CENTENLINE OF DECORO DRIVE,
'pER TRACT'N0. •44831, RECORDED IN
BOOK 1273, PAGES '65-74,
BEING S B7'2O'3O`E.
g b
-MOST NORTHERLY CORNER
LOT 18 TRACT N0.� 44831 G
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ti
TRACT No.
TRACT
-54D1E1w010i
JIB '1201/$0-88
INSTRUMENT NO.
03-1311486, O.R.
P UNC .ERYI'y_
ROBERT C. OLSON
PLS 5490
1 5 , 710o8
DATE
PSONAS
28170 Aww 514mMd
9a1e 300
5mfa Umla G 41355
SHEET 1 OF 1 SHEETS
MOST WESTERLY
CORNER LOT 3
TR. NO. 44831-02 /
® 1
/1'iRAcT No.
81974
MB 1207/6-n
PERMENANT EASEMENT
1.600-13-1 (POR.) &
1600-13-1.1 (POR.)
PARCEL 1 2.33 AC.
PARCEL 2 0.59 AC.
RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:
The Newhall Land and Farming Company
(A California Limited Partnership)
23823 Valencia Boulevard
Valencia, California 91355
Attention: Mr. Fred MacMurdo
SPACE ABOVE LWE FOR RECORDER'S USE
ASSIGNMENT AGREEMENT
(Surface Rights)
THIS ASSIGNMENT AGREEMENT ("Agreement), is dated as of ,
2008 (the "Effective Date"), and is entered into between The Newhall Land and Farming
Company (A California Limited Partnership) ("Newhall'), and the City of Santa Clarita ("City"),
with reference to the following:
A. Newhall Land conveyed certain real property more particularly described on
Exhibit A attached hereto and incorporated by this reference ("Property"), to The Metropolitan
Water District of Southern California, a public corporation ("MWD" ), pursuant to that certain
Grant Deed dated as of June 28, 1973, and recorded in the Official Records of Los Angeles
County on July 9, 1973, as Instrument No. 125 ("Grant Deed").
B. Pursuant to the terms of the Grant Deed, Newhall Land excepted and reserved
certain rights with respect to the Property, including, without limitation, the right to use the
surface of the Property as more particularly described in the Grant Deed.
C. In accordance with the terms of this Agreement, Newhall Land desires to
assign to the City and the City desires to assume from Newhall Land, the non-exclusive
right to use the surface of the Property for open space landscaping and trail purposes in
accordance with the terms of the Grant Deed.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Newhall Land and the City hereby agree as follows:
1. Partial Assignment of Surface Rights and Assumption. From and after the
Effective Date, Newhall Land hereby assigns and the City hereby assumes, the non-exclusive
right to use the surface of the Property as set forth in the Grant Deed for open space
landscaping and trail purposes (collectively, the "City's Surface Rights') over that portion of the
Property depicted on Exhibit B attached hereto. Except for the foregoing assignment of the
City's Surface Rights, Newhall Land hereby reserves all of Newhall Land's rights under the
Grant Deed, including, without limitation, the right to grant third -parties the non-exclusive right
to use the surface of the Property pursuant to the Grant Deed; provided, however, any such
grants shall not unreasonably interfere with the City's use of the City's Surface Rights. City
acknowledges that MWD has the paramount"right to use the Property for water -related purposes
in accordance with the Grant Deed. City will be responsible for notifying the public of any
closures of the open space landscaping and trail on the Property as a result of MWD's exercise of
its lights in accordance with the Grant Deed.
2. Indmaily. City shall indemnify, defend and hold harmless Newhall Land, its
agents, officers and employees, from and against any and all liability and expense, including
defense costs and legal fees, and any rights, claims or actions for damages of any nature
whatsoever, including, without limitation, bodily injury, death, personal injury or property
damage arising out of the use of the Property pursuant to the City's Surface Rights. Newhall
Land shall indemnify, defend and hold harmless City, its agents, officers and employees, from
and against any and all liability and expense, including defense costs and legal fees, and claims
or actions for damages of any nature whatsoever, including, without limitation, bodily injury,
death, personal injury or property damage directly arising out of Newhall Land's past or ongoing
use of the Property after the Effective Date.
3, Release. Newhall Land and the City hereby acknowledge and agree that from and
after the Effective Date, Newhall Land shall be released and discharged of all liabilities and
obligations arising out of or related to the City's use of the Property pursuant to the City's
Surface Rights.
4. Further Assurances. Newhall Land and the City, for themselves and their legal
representatives, successors and assigns, hereby covenant that from time to time after the delivery
of this Agreement, at the request of the other party and without further consideration, Newhall
Land and/or the City, as applicable, will do, execute, acknowledge and deliver, or will cause to
be done, executed„ acknowledged and delivered, all further acts, deeds, conveyances, transfers,
assignments and assurances as reasonably may be required to carry out the purposes of this
Agreement.
5. Successors and Assigns. The provisions of this Agreement shall be binding upon
and inure to the benefit of the City, Newhall Land and their respective successors and assigns.
6. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed a part of an original and all of which together shall constitute one (1) agreement.
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to form one (1) document.
[Signature Page Follows Immediately)
2
IN WITNESS WHEREOF, Newhall Land and the City have executed this Agreement
as of the Effective Date.
"NEWHALL LAND": "CITY":
The Newhall Land and Farming Company City of Santa Clarita
(A California Limited Partnership), a limited
partnership
By.
By: NWHL GP LLC, Name:
a Delaware limited liability company
Its: General Partner Its:
By:
Name:
Its:
By: _
Name:
Its:
3
STATE OY CALIFORNIA
COUNTY OF LOS ANGELES
S-EyAM�T090DkGEIMENT
S.S.
On before me
Notary Public, personally appeared
who 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 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
i
STATE OF CALIFORNIA )
• ') S.S.
COUNTY OF LOS ANGELES
On before me '
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrnnent and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signaturd(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify ander PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
(Legal Description of the Property)
[TO BE ATTACHED]
M
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19
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Foothill Feeder
MVD Parcel No. 1.600-13-1 (Por) & 1600-13-1.1(Por.)
Permanegt Easement RL No.
M'JD to The County of Los Angeles
EXHIBIT A
LEGALDESCRIPT10N
Those portions of a 250 foot wide strip of land over that portion of the Rancho San
1 Francisco, in the City,pf Santa Clarita, County of Los kngeles,,State of California, as per
map recorded in Book 1, Pages 521 and 522, of Patents, Records of said County, lying
within that,certain real property conveyed to the Metropolitan Water District of Southern
California as Area "A", by deeds recorded on October 3,,1967. ip-BookD3786 Page -579,
on February 6, 1968 in Book D3905 Page 546, and on July 9, '1973 in Book D5937 Page
544, all of Official Records, Records of said County, and as shown as Parcel I on the map
of Record of Survey filed in Book 97 Pages 71 through 75 inclusive of Record of
Surveys, Records of said County described as follows:
PARCEL 1
That strip of land, 250 foot wide, bounded its follows:
Northwesterly by a direct line fioin the most westerly corner of Lot 3, Tract No. 44831-
02, in said City, as,per map filed in Book 1261 Pages 16 through 21 of Maps, of said
Records, to the most northerly corner of Lot 18 of Tract No. 44831, in said City, as per
map filed in Book 1273 Pages 65 through 74 of Maps of said Records;
22 I, Southeasterly, by the northerly line of Decoro Drive, 111 feet wide, and the westerly line
i
23 I of McBean Parkway, 123 feet wide, as both ate described and dedicated. in Instrument
24 No. 03-1311486 of Official Records recorded on May 8, 2003 in the office of the County
25 Recorder of said County;
26
!I ,
27 Southwesterly by the southwesterly line of said 250 foot wide strip, and
Sheet I of 2
V:\NorthRiv\PRODDATA1448311SU12VEY1Lega1s11VAL0214951TASK 1131mwd-
park.doc
March 19, 2008
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foothill Feeder
MWD Parcel No. 1600-13-1 (Por.) & 1Go0-13-1.1 (Par.) ,
Permanent Fasement RL No.
MWD to The County of Los Angeles,,
Northeasterly by the northeasterly line of said 250 foot wide strip.
PARCEL 2
That strip of land, 250 foot wide, bounded as follows:
Northerly by the southerly line of Decoro Drivel 111 feet wide, as described and
dedicated in Instrument No. 03-1311,486 of Official Records recorded on May 8, 2003 in
I the office of the County Recorder of said County;
Easterly by the westerly line of McBean Parkway, vatying in width, its described and
dedicated in Instrument No. 03-1311486 of Official Records recorded on May 8, 2003 in
the office of the County Recorder of said County;
Southwesterly by the southwesterly line of said 250 -foot wide Ship.
See Exhibit "B" for a plat depicting the above described properties.
i
SS\��pl LRNpsG
a �¢��p,•[ C
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No. Sg90 Z
Exp. 9 30.2008
PAqhc'
OF CAL0
Prepared under the direction of
Robert C. Olson, PLS 5490
PSOMAS
Sheet 2 of 2
V;1NorthRivIPRODDATA1448311SURVEY\LcgttlsllVAL0214951TASK 1131mwd-
park.doc
March 19, 2008
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EX MIT B
(Depiction of Assignment Property)
[TO BE ATTACHED]
SCALE: 1' = 400'
'004
THIS EXHIBIT, IS„TO.33E-ATT4CHE0 TO THE LEGAL DESCRIPTION
PORTION OF RANCHO 'SAN,.FRANCISCO, "RECORnED,,IN_ BOOK 1. PAGES 521 AND $72
OF PATENTS, IN'-THE;CCLA
ITY OF -SANTA RITA, COUNTY
OF_tOS ANGELES;,AN THE'SPATE OF CALIFORNIA
VIClN1.TY l,1AP :BAS1S -0F Pli R GS:
PROJECT AREA�v f _ -74E :CENTERLINE OF DECORO DRIVE,
PER TRACT NO. • 44831, RECORDED 1N
BOOK 4273, PAGES 65-74,
BEING S B7'20'3Q"', E.
FI
MOST NORTHERLY CC
LOT 18 -TRACT NO., 4
1\
• _17RAC7 Na
54CM
'AD 1275176-;80
7iRAC7' ND,
J_ 54010-Oi ••; .. ;:
1v181281(8d✓BB� �!
PREPA UND R MY SUPERVISION
ROBERT C. OLSON
PLS 5490
3.2.E
DATE
PSOMAS
Wo Awns Slafad
'Mo J00
STIo Om7,a CA 91355
INSTRUMENT NO.
03-1311486, O.R.
SHEET 1 OF 1 SHEETS
�,4- PARCEL 1
TRACT NO,
8187'4
PERMENANT EASEMENT 2
1600-13-1 (POR.) &
1600-13-11.1 (POR.)
PARCEL 1 2.33 AC. `
PARCEL 2 0.59 AC.
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