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Home My WebLink About2015-01-27 - AGENDA REPORTS - VACATE PORTION OF MARKET ST (2)0 Agenda Item: 3 CITY OF SANTA CLARITA 0 AGENDA REPORT CONSENT CALENDAR � /] CITY MANAGER APPROVAL: /� 6%1 Wim//L fit/ DATE: January 27, 2015 SUBJECT: SUMMARY VACATION OF A PORTION OF THE PUBLIC RIGHT- OF-WAY KNOWN AS MARKET STREET ALONG THE SANTA CLARITA VALLEY SENIOR CENTER FRONTAGE DEPARTMENT: Public Works PRESENTER: Mike Hennawy RECOMMENDED ACTION City Council: 1. Adopt a resolution for the summary vacation of a portion of the public right-of-way known as Market Street, along the Santa Clarita Valley Senior Center frontage, south of Newhall Avenue, as described in Exhibit "A," a legal description, and as shown on Exhibit `B," plat. 2. Reserve easements for public utility purposes as specified in the attached resolution. 3. Direct City Clerk to record the certified original resolution in the County of Los Angeles Registrar -Recorder's office. BACKGROUND The portion of the public right-of-way to be vacated was originally dedicated to the County of Los Angeles by Tract No. 1059, which recorded on January 10, 1911. This small portion of public right-of-way falls along the existing parking lot of the Santa Clarita Valley Senior Center, and beyond Market Street's 60 -foot -wide right-of-way. This portion is not needed for road purposes, only catering to public utilities, and the County -owned Senior Center. The underlying fee owner on each side of the centerline of the right-of-way to be vacated is the County of Los Angeles. The County of Los Angeles will be the owner of the area vacated. In accordance with the City Council's adopted General Plan, the City of Santa Clarita will continue to maintain the 60 -foot -wide Market Street public right-of-way. Per Section 8331 of the California Streets and Highways Code, the legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: M01 Page 1 Packet Pg. 23 1. For a period of five consecutive years, the street or highway has been impassable for vehicular travel; and 2. No public money was expended for maintenance on the street or highway during such period. Both of these conditions exist on this portion of the public right-of-way; therefore, City Council may summarily vacate this property. Easements for public utility purposes will be reserved. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None. ATTACHMENTS Resolution Exhibit A - Legal Description Exhibit B - Plat Exhibit C - Legal Description Exhibit D - Plat Aerial Map of Vacation Page 2 Packet Pg. 24 3.a RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUMMARILY VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY AT MARKET STREET NEAR THE SANTA CLARITA VALLEY SENIOR CENTER WHEREAS, the portion being summarily vacated fully meets the requirements of Section 8331 of the Streets and Highways Code, which states "The legislative body of local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period." The current owner requests that a portion of the public right-of-way be vacated; and WHEREAS, under Chapter 4, Summary Vacation of Part 3 of Division 9 of the Streets and Highways Code of the State of California, no public hearing is required and no public hearing was held. NOW, THEREFORE, pursuant to the provisions of Section 8331 of 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 does hereby resolve as follows: SECTION 1. That it is hereby found and determined that a portion of the public right-of- way at Market Street, south of Newhall Avenue, as described in Exhibit "A" a legal description, and as shown on Exhibit "B" plat, 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, fully meets the requirements of Section 8331 of the Streets and Highways Code, which states, "The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period" and such public right-of-way is therefore vacated, subject to Section 2 herein. SECTION 2. That within the street to be vacated, there are public utility facilities that would be affected by the vacation; therefore, easements are hereby reserved and excepted from the vacation for public utility purposes as described below: The City of Santa Clarita, a Municipal Corporation does hereby RESERVE to The Los Angeles County Flood Control District, a Body Corporate and Politic, an easement for covered storm drain, appurtenant structures, ingress and egress purposes and all uses incident thereto, including the right to make connections therewith from any adjoining properties, upon, over, and across the real property in the City of Santa Clarita, County of N Los Angeles, State of California as described in the attached Exhibit "C" and shown in the attached Exhibit "D." c 0 3 In addition, The City of Santa Clarita, a Municipal Corporation does hereby RESERVE a to The Southern California Edison Company (SCE), a public utility, an easement and N o: rights that are necessary to use, maintain, operate, repair, replace, remove, or renew facilities upon, over, and across the real property in the City of Santa Clarita, County of t U I Q Packet Pg. 25 3.a (9 Los Angeles, State of California as described in the attached Exhibit "A" and shown in p the attached Exhibit `B." a In addition, The City of Santa Clarita, a Municipal Corporation does hereby RESERVE to Pacific Bell Telephone Company, doing business as AT&T California an easement to, from time to time, construct, maintain, operate, replace, remove, and renew such aerial and underground communication facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, cables, wires, crossarms, conduits, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances upon, over, and across the real property in the City of Santa Clarita, County of Los Angeles, State of California as described in the attached Exhibit "A" and shown in the attached Exhibit `B." In addition, The City of Santa Clarita, a Municipal Corporation does hereby RESERVE to Newhall County Water District, a county water district formed pursuant to the California Water Code, and its successors, assigns, and invitees ("Grantee"), a permanent and non-exclusive easement for ingress, egress, and roadway purposes, including the right to remove any improvements, trees, shrubs, and any other growth thereon, and at any time and from time to time, locate, alter, inspect, remove, replace, and/or install a line or lines of pipe, conduit, or similar facilities, of whatever nature, valves, and meter structures, service connections, services, and/or connections, with all and every appendage, facilities, structure, and equipment necessary or convenient to be installed or used by Grantee, and Grantee may, at any time and from time to time, for any lawful use and purpose for the benefit of Grantee, grant its rights in the easement to others for the same uses and purposes, including, but not limited to, ingress, egress, installation of facilities, structure and equipment, conduits, vaults, and cables for power transmission and communication, in, under, upon, over, across and through the real property in the City of Santa Clarita, County of Los Angeles, State of California as described in the attached Exhibit "A" and shown in the attached Exhibit "B." SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2015. ATTEST: CITY CLERK DATE: 2 MAYOR Packet Pg. 26 a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 1, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 3 CITY CLERK 3.a Packet Pg. 27 EXHIBIT "A" THAT PORTION OF MARKET STREET, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 1059 RECORDED IN BOOK 17 PAGES 94 AND 95, OF MAPS, IN THE OFFICE OF THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY, DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHWESTERLY TERMINUS OF THE SOUTHWESTERLY LINE OF LOT 16 AS SHOWN ON SAID MAP. THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE SOUTH 63°00'00" EAST 121.00 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF MARKET STREET AS SHOWN ON SAID MAP, THENCE ALONG THE EASTERLY LINE OF SAID MARKET STREET SOUTH 26°53'00" WEST 60.00 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE OF MARKET STREET. THENCE NORTHEASTERLY ALONG NORTHEASTERLY LINES OF LOTS 13 AND 14 AS SHOWN ON SAID MAP NORTH 63°00'00" WEST 132.61 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 13, THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 43034'00" EAST 54.74 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 16, THENCE NORTHERLY ALONG SAID SOUTHERLY PROLONGATION NORTH 01°42'00" WEST 8.58 FEET TO THE POINT OF BEGINNING. CONTAINING 7,441 SQUARE FEET, MORE OR LESS MICHAEL A. KENNADA Path Z /Projects/City of Santa Clarita/Market Street vacation/Legal descriptions/Market Street vacation LD doc Page 1 of 1 3.b Packet Pg. 28 v N r CYLJImIT rpn I 3.c I TRACT NO. 1059 MB 17-94-95 UNE TABLE NO. BEARING DISTANCE L7 N01'42'00"W 8.58' LEGEND POB POINT Of BEGINNING SCALE: 1"=40' Q Packet Pg. 29 1 I ' 3A I RDD 341 4DA 275 -712 -RW 2 EXHIBIT "C" LEGAL DESCRIPTION RESERVATION OF EASEMENT FOR STORM DRAIN WITH INGRESS AND EGRESS PURPOSES IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PARCEL NO.4DA: THAT PORTION OF MARKET STREET, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 1059 RECORDED IN BOOK 17 PAGES 94 AND 95, OF MAPS, IN THE OFFICE OF THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THE SOUTHWESTERLY LINE OF LOT 16 AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE SOUTH 63000'00" EAST 121.00 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF MARKET STREET AS SHOWN ON SAID MAP; THENCE ALONG THE EASTERLY LINE OF SAID MARKET STREET SOUTH 26053'00" WEST 30.00 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SAID SOUTHWESTERLY LINE OF LOT 16 NORTH 63000'00" WEST 123.62 FEET TO A POINT IN THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 13 AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 43034'00" EAST 23.45 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 16; THENCE NORTHERLY ALONG SAID SOUTHERLY PROLONGATION NORTH 01042'00" WEST 858 FEET TO THE POINT OF BEGINNING. CONTAINING 3,598 SQUARE FEET, MORE OR LESS mjcm L A. KE10"A 1� j -CS I� Packet Pg. 30 EXHIBIT "D" 3.e RDD 341 4DA MICHAEL A KENNADA `�),v ` 0 OF l t-�. -z I-Llf-1} TRACT NO. 1059 M5 17-94-95 UNE TABLE NO. BEARING DISTANCE L7 N01 -42'00"W 8.58' LEGEND POB POINT OF BEGINNING A a n SCALE: 1"=40' Packet Pg. 31 1 -40 .IF l Ia µ y k_ 00 dam►'' 10 C O V 0 a Sq m 11 � LYONS PJ y °940 9NF 2G� 9�yn G,o 6��5'C qpq s� �• q Sq�4q t 'ylgNsrlb lop c Q a" Project �Pv Loca Packet Pg. 32 3.f SANTA CLARI Market Street Vacation ALegend o 100 Fee Parcel Outlines OProject Location,+°'sa`��.b °°••^�^^^ C O V 0 a Sq m 11 � LYONS PJ y °940 9NF 2G� 9�yn G,o 6��5'C qpq s� �• q Sq�4q t 'ylgNsrlb lop c Q a" Project �Pv Loca Packet Pg. 32