HomeMy WebLinkAboutItem 1c - Resolution No. 7050 Canyon Slope Easementvti GPLI:� RN,-1
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�o�'hnnityof�o�y STAFF REPORT
Public Works Services Department
DATE: November 4, 2014
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
Ken Herman, P.E., Principal Civil Engineer
By: Carmen Masud, Management Analyst
SUBJECT: RESOLUTION NO. 7050 ACCEPTING TWO GRANTS OF EASEMENT
FOR PURPOSES OF CONSTRUCTING A "SHOTCRETE WALL" AND
FOR FUTURE MAINTENANCE AND REPAIR (2205 CANYON ROAD)
Recommendation: Adopt
SUMMARY
In order to satisfy the terms of the settlement agreement reached between the property
owners at 2205 Canyon Road and the City of Arcadia, a section of the hillside at the
City's Canyon Reservoir Facility was covered with shotcrete by the City. In return, the
property owners at 2205 Canyon Road are required to grant the City of Arcadia
easements for purpose of constructing and maintaining the wall. Resolution No. 7050
accepts two grants of easement from the property owners at 2205 Canyon Road.
It is recommended that the City Council adopt Resolution No. 7050 accepting two
grants of easement for purposes of constructing a "shotcrete wall" and for future
maintenance and repair.
BACKGROUND
The Public Works Services Department ( "PWSD ") is responsible for the operation,
maintenance, and repair of all municipal water reservoir and pumping facilities. The
Canyon Reservoir facility provides water for residents living north of Elkins Drive. The
facility was built in 1955 and consists of two 500,000 gallon water storage reservoirs
and a booster pump station. In order to build the Canyon Reservoir facility, the hillside
was graded by the developer and the east side of the property was cut back to create a
level pad for the reservoirs. Over the years, natural sloughing of material from the
hillside has been a concern for the residents living at the adjoining property. Twice in
recent years claims for loss of property and erosion have been submitted against the
City.
Resolution regarding 2205 Canyon Road Slope Easements
November 4, 2014
Page 2 of 3
DISCUSSION
In order to address this concern, the City obtained the services of a professional
geotechnical engineering consultant to evaluate the condition and safety of the hillside
and recommend a suitable means to support the hillside. It was determined that the
hillside was stable; however, the consultant recommended that the exposed hillside
should be covered with a concrete material known as "shotcrete" to protect from further
weathering and erosion. An agreement was reached between the property owners at
2205 Canyon Road and the City in which the City agreed to construct a shotcrete wall
on the hillside to prevent further erosion.
A contractor was hired to clear the hillside of all vegetation and loose material and apply
the shotcrete. It was necessary to extend a portion of the shotcrete wall onto the
adjacent property at 2205 Canyon Drive in order to completely cover all of the exposed
area of the hillside.
The property owners at 2205 Canyon Road agreed to provide grants of easement to the
City for the portion of their property covered by the shotcrete wall. As a result, two
easements have been prepared. The first grant of easement allows for a permanent
and perpetual easement to construct, use, maintain, improve, repair, and alter the
shotcrete wall on the property at 2205 Canyon Drive. The second grant of easement
allows for access on the property at 2205 Canyon Drive in order to effectuate any
repairs or maintenance of the shotcrete wall. Both grants of easement will be filed with
the Los Angeles County Registrar — Recorder /County Clerk by the City Attorney's office.
ENVIRONMENTAL ANALYSIS
The granting of the proposed easements is considered exempt from the provisions of
CEQA since the easements are required for the project which is considered a Class 1
exemption as defined in Section 15301(b) of the California Environmental Quality Act.
FISCAL IMPACT
Adoption of Resolution No. 7050 will have no financial impact to the City. Future
maintenance and repair of the shotcrete wall will be included in the City's Capital
Improvement Program as needed but is expected to be minimal.
Resolution regarding 2205 Canyon Road Slope Easements
November 4, 2014
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7050 accepting two
grants of easement for purposes of constructing a "shotcrete wall" and for future
maintenance and repair.
Approved:
Dominic Lazzar t6
City Manager
Attachment: Resolution No. 7050
RESOLUTION NO. 7050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ACCEPTING TWO GRANTS OF
EASEMENT FOR PURPOSES OF CONSTRUCTING A
"SHOTCRETE WALL" AND FOR MAINTENANCE AND REPAIR
THEREOF (2205 CANYON ROAD)
WHEREAS, the City of Arcadia has recently entered into a settlement agreement
with Eric T. Chen and Sylvia C. Chen (collectively the "Grantor ") pertaining to Grantor's
claim that the City caused certain soils subsidence on and adjacent to Grantor's
property; and
WHEREAS, pursuant to the settlement agreement, the Grantor is required to
grant to the City easements for purposes of constructing a "shotcrete" wall, and for
purposes of maintenance and repair thereof; and
WHEREAS, the Grantor has executed and delivered to the City two Grants of
Easement for the foregoing purposes, both of which are attached hereto as Exhibit "A"
and "B"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby accepts the two Grants of Easement as
attached hereto as Exhibit "A" and Exhibit "B ", and the City Clerk is authorized and
directed to append thereto the City's Certificate of Acceptance and to record the Grants
of Easement in the Office of the Los Angeles County Registrar /Recorder.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
1
Passed, approved, and adopted this day of , 2014.
ATTEST:
City Clerk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
2
Mayor of the City of Arcadia
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 60021
Attention: City Clerk
FREE RECORDING:
This instrument is for the benefit of City of Arcadia, and is
entitled to be recorded without fee or tax. (Govt. Code 6103,
27383 and Rev. & Tax Code 11922)
APN: 5765 - 031 -010
GRANT OF EASEMENT
(Maintenance and Repair Easement)
Above Space for Recorder's Use
ERIC T. CHEN and SYLVIA C. CHEN (collectively "Grantor "), are the owners of
that certain real property located in the City of Arcadia, County of Los Angeles, State of
California, more particularly described in Exhibit "1" attached hereto ( "Grantor's Property ").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor
hereby grants to the CITY OF ARCADIA, a California municipal corporation, ( "Grantee "),
its agents, representatives, successors and assigns, a temporary and non- exclusive maintenance
and repair easement and right of way over, on, under, in, across, along and through that portion
of Grantor's Property more particularly described and depicted in Exhibit "2" attached hereto
( "Easement Area "), for the purpose of all reasonably necessary and convenient activities
associated with the maintenance and repair of a "shotcrete" wall, which wall begins on Grantor's
Property and continues downslope onto property owned by Grantee. Grantee will provide to
Grantor not less than five (5) business days prior notification of Grantee's intent to utilize the
Easement Area.
DATED: October 2014 GRANTOR:
ERIC T. CHEN
SYLVIA C. CHEN
EXHIBIT "A"
24347.0031318687419.1
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF
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
EXHIBIT " ''
24347.0031318687419.1 2
(Seal)
EXHIBIT "1 " TO GRANT OF EASEMENT
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Real property in the City of Arcadia, County of Los Angeles, State of California,
described as follows:
Lot 54 of Tract No. 23145, in the City of Arcadia, County of Los Angeles, State
of California, as per Map recorded in Book 631, Pages 90 to 92 inclusive of
Maps, in the Office of the County Recorder of said County,
Also known as: 2205 Canyon Road, Arcadia, CA 91006
APN No. 5765 - 031 -010
EXHIBIT "K
Exhibit 1
2434T003 13\8687419.1
EXHIBIT "2" TO GRANT OF EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
Grantee, its agents, representatives, successors and assigns shall be provided reasonable
access on the Real Property described in Exhibit "I", but shall be outside of the residence located
on said real property for the sole and limited purpose of reasonably necessary and convenient
activities associated with the maintenance and repair of a "shotcrete" wall, which wall begins on
Grantor's Property and continues downslope onto property owned by Grantee.
24347.0031318687419.1
CITY OF ARCADIA
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to
which this Certificate of Acceptance is attached,
from: ERIC T. CHEN and SYLVIA C. CHEN ( "Grantor ")
to: CITY OF ARCADIA, a California municipal corporation ( "Grantee ")
is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted
by Grantee's City Council, and Grantee hereby consents to recordation of said Grant of
Easement.
Dated:
24347.0031318687419.1
CITY OF ARCADIA,
a California municipal corporation
EXHIBIT "A''
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 60021
Attention: City Clerk
FREE RECORDING:
This instrument is for the benefit of City of Arcadia, and is
entitled to be recorded without fee or tax. (Govt. Code 6103,
27383 and Rev. & Tax Code 11922)
APN: 5765-03 1 -0 10 Above ,Space for Recorder's Use
GRANT OF EASEMENT
(Wall)
ERIC T. CHEN and SYLVIA C. CHEN (collectively "Grantor "), are the owners of
that certain real property located in the City of Arcadia, County of Los Angeles, State of
California, more particularly described in Exhibit "l" attached hereto ( "Grantor's Property ").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor
hereby grants to the CITY OF ARCADIA, a California municipal corporation, ( "Grantee "),
its successors and assigns, a permanent and perpetual easement to construct, use, maintain,
repair, replace, improve, alter, relocate and inspect a "shotcrete" wall and appurtenances over,
under and upon an area as more fully described in Exhibits "A" and `B" of Grantor's Property in
which the wall is placed thereon or immediately adjacent thereto ( "Easement Area "). Grantor
shall not erect or construct or permit to be erected or constructed, any building, structure or
improvement on, over or under any portion of the Easement Area or plant any trees or other
vegetation on any portion of the Easement Area. Grantee shall have access to the Easement Area
from time to time for purposes of maintenance, repair and replacement of wall improvements
within the Easement Area. No other easement shall be granted on, under or over the Easement
Area without Grantee's prior written consent, which may be granted or withheld in Grantee's
sole discretion. The terms, covenants and conditions of this Grant of Easement shall bind and
inure to the benefit of the successors and assigns of Grantor and Grantee.
DATED: October , 2014 GRANTOR:
ERIC T. CHEN
SYLVIA C. CHEN
EXHIBIT "B"
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF }
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
EXHIBIT °B„
2
(Seal)
EXHIBIT "1" TO GRANT OF EASEMENT
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Real property in the City of Arcadia, County of Los Angeles, State of California,
described as follows:
Lot 54 of Tract No. 23145, in the City of Arcadia, County of Los Angeles, State
of California, as per Map recorded in Book 631, Pages 90 to 92 inclusive of
Maps, in the Office of the County Recorder of said County.
Also known as: 2205 Canyon Road, Arcadia, CA 91006
APN No. 5765-03 1 -010
EXHIBIT VEIT
Exhibit 1
24347.0031318687731.1
EXHIBIT "All
That portion of Lot 54 of Tract No. 23145 in the City of Arcadia, County of
Los Angeles,State of California, per map recorded in Book 631, Pages 90
to 92, inclusive, of Maps in the Office of the County Recorder of Los Angeles
County described as follows:
Beginning at an angle point in the westerly line of said Lot 54, thence North
928'38" West 58.65 feet along the westerly line of said Lot 54; thence South
30`57'50" East 5.82 feet; thence South 11'42'35" East 16.00 feet; thence
South 18`03'45" East 16.06 feet; thence South 210 25'50" East 13.50 feet;
thence South 23 °43'30" West 7.10 feet; thence South 20 '30'15" 6.48 feet;
thence South 2334'00" West 6.93 feet; thence South 4215'40" West 12.43
feet; thence North 50]8'00" West 4.54 feet to the westerly line of said Lot 54;
thence North 3952'00" 20.66 feet along said westerly line to the point of
beginning.
Containing 331 square feet.
R
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DAVID L. LINDELL
10 1 0 1 N.
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EXHIBIT "B"
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SURVEYED BY
DAVID L. LINDELL
SEPTEMBER 25, 2014
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CITY OF ARCADIA
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to
which this Certificate of Acceptance is attached,
from: ERIC T. CHEN and SYLVIA C. CHEN ( "Grantor ")
to: CITY OF ARCADIA, a California municipal corporation ( "Grantee ")
is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted
by Grantee's City Council, and Grantee hereby consents to recordation of said Grant of
Easement.
Dated:
24347.0031M68773 1.1
CITY OF ARCADIA,
a California municipal corporation
EXHIBIT vu,