Agenda Item: 7
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: April 25, 2023
SUBJECT: TESORO ADOBE PARK RECIPROCAL EASEMENT AGREEMENT DEPARTMENT: Administrative Services
PRESENTER: Keith Miller
RECOMMENDED ACTION
City Council:
1. Execute a Reciprocal Easement Agreement with the Tesoro del Valle Master Homeowners Association, associated with the Tesoro Adobe Park.
2. Authorize the City Manager or designee to execute all agreements and associated documents, subject to City Attorney approval.
BACKGROUND
In May 2005, a Donation Agreement was entered into by, and between, Montalvo Properties LLC (Montalvo) and the County of Los Angeles (County), conveying Montalvo’s rights, title and interest in, and to, the Tesoro Adobe Park to the County. The Tesoro Adobe Park is approximately 2.26 acres, located at 29350 Avenida Rancho Tesoro, and consists of historical structures and a wood frame barn. Subsequently, the County, Montalvo, and the Tesoro Del Valle Master Home Owners Association (Master Association) entered into a Reciprocal Easement and Joint Use Agreement regarding Tesoro Adobe Park.
At their meeting of August 23, 2022, the City Council took several actions related to the Tesoro Adobe Park in advance of the November 2022 Tesoro Del Valle annexation. These actions included approval of a Park Transfer Agreement and the execution of an A mended Reciprocal Easement and Joint Use Agreement (Amended Agreement), replacing the County with the City in advance of b ecoming responsible for the operations and maintenance of the Tesoro Adobe Park on December 1, 2022.
The Amended Agreement, originally agreed upon by the County and Tesoro Master Association, memorialized two primary provisions. The first provision granted non-exclusive “Reciprocal
Easements for Parking and Vehicular and Pedestrian Ingress and Egress” to both the County and Master Association for parking purposes and vehicular and pedestrian ingress and egress (see Exhibit “B” and “C” of the Amended Agreement attached to this report).
The second provision of this Amended Agreement entitled both the County of Los Angeles and Members of the Tesoro Master Association to joint use of the Tesoro Adobe Park. Under these terms, the Master Association was obligated to pay the County ‘Dues’ above and beyond special assessment revenues generated by the Landscape Maintenance District (LMD) Zone T76, equaling $10.00 per month, per residential property.
While the assessment revenues generated by LMD Zone T76 were and will continue to be utilized for recurring landscape operations, maintenance and future capital replacement needs of the Adobe Park, the Dues generated by Members of the Master Association were intended to support recreation programming of the Adobe Park for Tesoro property owners. In addition to providing the Master Association with input into recreation programming offerings, the Joint Use provision of the Amended Agreement also exempted the Association and its members from payment of rental fees to utilize the Adobe Park.
The scope of the proposed Reciprocal Easement Agreement under consideration by the City Council has been narrowed to retain language preserving the granting of non-exclusive reciprocal easements to both the City and Master Association for parking purposes and vehicular and pedestrian ingress and egress. At their March 28, 2023, Board meeting, the Tesoro Master Association took action to approve the proposed new agreement.
Under the terms of this new Agreement, the City and Master Association have mutually agreed to remove the ‘Joint Use’ provision, including the elimination of monthly recurring dues to support recreational programming previously agreed to and generated by individual property owners. Finally, consistent with the terms of this new agreement, upon assuming operational responsibility for recreation activities at Tesoro Adobe Park, all programming will be undertaken and funded in a manner that is consistent with every other Santa Clarita recreational facility.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
Final Reciprocol Easement Agreement
Reciprocal Easement and Joint Use Agreement - Amendment No. 1 (available in the City Clerk's Reading File)