COUNTY OF LOS ANGELES

Transcription

1 JAMES A. NOYES, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA Telephone: (626) ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA August 6, 2001 IN REPLY PLEASE REFER TO FILE: MP-6 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA Dear Supervisors: PRIVATE DRAIN NO GRANT OF EASEMENT - CITY OF SANTA CLARITA SUPERVISORIAL DISTRICT 5 3 VOTES IT IS RECOMMENDED THAT YOUR BOARD: 1. Find this transaction exempt from the provisions of California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the recommended transaction will have a significant effect on the environment. 2. Approve the grant of an easement for vehicular bridge and slope purposes from the Los Angeles County Flood Control District to Beazer Homes Holding Corporation over Private Drain No (2,827 square feet), for $3,500. Private Drain No is located north of Via Princessa, east of Circle J Ranch Road, in the City of Santa Clarita. 3. Instruct the Chair to sign and authorize delivery of the Easement to the Grantee.

2 The Honorable Board of Supervisors August 6, 2001 Page 2 PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION This action enables the Flood Control District to grant an easement for vehicular bridge and slope purposes over Private Drain No to Beazer Homes Holding Corporation. The easement is located across Private Drain No. 1869, north of Via Princessa and east of Circle J Ranch Road, in the City of Santa Clarita. Beazer Homes requested the easement in connection with their residential development project. Private Drain No runs through the residential development and the vehicular bridge will provide access to both sides. The granting of this easement is not considered adverse to the District's purposes. Moreover, the instrument reserves paramount rights for the Flood Control District's interests. Implementation of Strategic Plans This action is consistent with the Strategic Plan Goal of Fiscal Responsibility. The revenue from this transaction will be used for flood control purposes. FISCAL IMPACT/FINANCING Beazer Homes has paid the market value of $3,500 to the Flood Control District Fund for this easement. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The granting of this easement will not hinder the use of the channel for possible transportation, utility, or recreational corridors. The enclosed Easement has been approved by County Counsel and will be recorded.

3 The Honorable Board of Supervisors August 6, 2001 Page 3 ENVIRONMENTAL DOCUMENTATION The environmental effects of this transaction project have already been addressed. The City of Santa Clarita, as the lead agency for the residential development, approved an Environmental Impact Report (EIR) on July 28, 1998, and filed a Notice of Determination with the County Clerk on July 29, The EIR addresses the environmental impacts of the vehicular bridge within the context of the residential development. With regard to the grant of easement, there is no possibility that the transaction alone will have any significant effect on the environment. IMPACT ON CURRENT SERVICES OR PROJECTS None. CONCLUSION Enclosed are one original and two duplicates of the Easement. Please have the Chair sign the original and duplicates and have them acknowledged by the Executive Officer of the Board of Supervisors. Please return the executed original and duplicate to this office, retaining one duplicate for your files.

4 The Honorable Board of Supervisors August 6, 2001 Page 4 One approved copy of this letter is requested. Respectfully submitted, JAMES A. NOYES Director of Public Works WDS:adg P6\PD 1869 BRD Enc. cc: Chief Administrative Office County Counsel

5 RECORDING REQUESTED BY AND MAIL TO: Beazer Homes Holdings Corp Lyons Avenue #5441 Santa Clarita, CA Attention: Glenn Adamick Document transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale LOS ANGELES COUNTY FLOOD CONTROL DISTRICT Space Above This Line Reserved For Recorder's Use Assessor s Identification Number: (Portion) By EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "District", does hereby grant to BEAZER HOMES HOLDINGS CORP., a Delaware corporation, hereinafter referred to as Grantee, an easement for vehicular bridge and slope 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 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 or 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. Such approval by District shall not be interpreted or inferred as an endorsement or approval as to the design, accuracy, correctness or authenticity of the information shown on the submitted plans and specifications. Furthermore, such approval cannot be relied upon for any other purpose or by any third party for any reason whatsoever. The District does not accept ownership or responsibility for the improvements. File with: TRANSFER DRAINS PRIVATE DRAIN NO I.M S.D. 5 M TRANSFER DRAINS PRIVATE DRAIN NO. 1869

6 Easement Page 2 3. Grantee 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, or its officers, agents or employees, of any of the rights granted to it by this Easement document. 4. It is expressly understood that District will not be called upon to construct, repair, maintain or reconstruct any structure or improvement to be erected or constructed pursuant to this Easement document. 5. 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 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 (LACFCD-SEAL) ATTEST: VIOLET VARONA-LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles By Mayor, Board of Supervisors of the Los Angeles County Flood Control District By Deputy OG:sl MP-9:80/EASEtr1869 NOTE: Acknowledgment form on reverse side

7 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 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 of the Government Code which authorized the use of facsimile signatures of the Chair of the Board on all papers, documents, or instruments requiring his signature. The undersigned hereby certifies that on this day of,20, the facsimile signature of, Chair 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 Chair 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. VIOLET VARONA-LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles (LACFCD-SEAL) By Deputy APPROVED as to form LLOYD W. PELLMAN, County Counsel By Deputy APPROVED as to title and execution,, 20. DEPARTMENT OF PUBLIC WORKS Mapping & Property Management Division MARTIN J. YOUNG Supervising Title Examiner III By P:Conf:ACK:locofax.2 ACTA CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the foregoing deed from to the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, a public entity, is hereby accepted by the undersigned on behalf of the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY pursuant to authority conferred by a resolution of the Board of Directors of the ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, and the grantee hereby consents to the recordation thereof by its duly authorized officer. Dated this day of, 2001 By Name and Title

8 File with TRANSFER DRAINS PRIVATE DRAIN NO APN T.G. 4550(H5) I.M Fifth District LEGAL DESCRIPTION (Grant of easement for vehicular bridge and slope purposes) That portion of Lot 60, of Tract No , as shown on map filed in Book 1059, pages 6 to 17 inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, within a strip of land 60 feet wide, lying 30 feet on each side of the following described line: Beginning at a point on that certain curve concave to the south and having a radius of 185 feet in the generally southwesterly line of said Lot 60, said point distant southerly along said curve an arc length of feet from the westerly terminus thereof, a radial of said curve to said point bears North 39E59 05 East; thence North 43E17 03 East 50 feet. The side lines of the above described 60-foot wide strip of land shall be prolonged or shortened at the beginning thereof so as to terminate in said southwesterly line. Containing: 2827± square feet EXHIBIT A RH D:/legal/Pd1869