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HomeMy WebLinkAboutItem 1c - Resolution No. 7050 Canyon Slope Easementvti GPLI:� RN,-1 August i, 1903 �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: pqit�p 4tx"- 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 �O DAVID L. LINDELL 10 1 0 1 N. 1i y�.� of C AOF�� EXHIBIT "B" 0 10 20 40 SURVEYED BY DAVID L. LINDELL SEPTEMBER 25, 2014 �_ A N D R DAVID LhL`IIjIIDELL Ls 4016 10 -I RESET SPK & W STAMPED LS 4016 IN PLACE OF FD_- REBAR WICAP PER PWFB 1 72 7- 79817 99 FD. SPK WICAP 1 IN TREE ROOT PER i PWF31727- 791799 t i S 30 '57'50" E 5.82' O �o m, Lo TRACT NO. 23145 cp (M.B. 531- 90 -92) N w as co ol 5_ a T S 23°43'30" W 7.10' t-S42'15'40"VV 6.48' S 2334'40" W 6.93' 12.43' N 508'00" E 4.54' LOT 54 - -- — N 82 °49'59" �- T SJ FD. HUB W/TAGK PER PWFB 1727 -79 81799 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,