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HomeMy WebLinkAbout2017-09-26 - AGENDA REPORTS - CANYON COUNTRY COMMUNITY CENTER, PROJECT F3020 - R (2)Agenda Item: 13 CITY OF SANTA CLARITA Q:° AGENDA REPORT PUBLIC HEARINGS 7, CITY MANAGER APPROVAL: 1 j4 _ " DATE: September 26, 2017 SUBJECT: CANYON COUNTRY COMMUNITY CENTER, PROJECT F3020 - RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY, PERMANENT EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND BILLBOARDS DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Conduct a public hearing and adopt the following Resolutions of Necessity authorizing the acquisition of real property, permanent easements, temporary construction easements, and billboards by condemnation for the development of the proposed Canyon Country Community Center. A) Adopt Resolution of Necessity authorizing the acquisition of the entire fee interest of that real property located at 18350 Sierra Highway (APN 2844-005-016) (Property). B) Adopt Resolution of Necessity authorizing the acquisition of a Permanent Easement and Temporary Construction Easement at property located at 18300 Sierra Highway (APN 2844-005-039). C) Adopt Resolution of Necessity authorizing the acquisition of a Permanent Easement and Temporary Construction Easement at property located at 18417 Soledad Canyon Road (APN 2844-003-006). D) Adopt Resolution of Necessity authorizing the acquisition of a billboard located at 18350 Sierra Highway (APN 2844-005-016). E) Adopt Resolution of Necessity authorizing the acquisition of a billboard located at 18436 Sierra Highway (APN 2844-003-005). Page 1 PacketPg. 66 2. Appropriate $2,443,449, which includes $50,000 contingency from the Facilities Fund Balance (Fund 723) to the Canyon Country Community Center Expenditure Account F3020723-5201.004 for the acquisition of said Property, permanent easements, temporary construction easements, and billboards. 3. Authorize the City Manager, or designee, to deposit up to $2,393,449 from account F3020723-5201.004 to the Los Angeles County Superior Court to initiate immediate taking proceedings; to approve additional expenditures up to $50,000 for costs related to the purchase, and to execute all required documentations to complete the acquisition of the Property, the Permanent Easements and Temporary Construction Easements located on 18300 Sierra Highway and 18417 Soledad Canyon Road, and the billboards located at 18436 Sierra Highway and 18350 Sierra Highway, respectively (collectively, the `Billboards"), subject to City Attorney approval. BACKGROUND In September of 2014, the City Council authorized the purchase of four parcels of vacant land comprising 6.5 acres located at the northeast corner of Soledad Canyon Road and Sierra Highway for a new community center. Following a public engagement process, the Master Plan for the community center was adopted by the City Council on June 28, 2016, and included additional adjacent parcels not currently owned by the City of Santa Clarita (City). In order to implement the Master Plan, the City needs to acquire the Property to support the required on-site parking and street improvements on Soledad Canyon Road and Sierra Highway. In addition, the Permanent Easements and Temporary Construction Easements are necessary to construct a right -turn lane on Soledad Canyon Road and the ultimate buildout of Sierra Highway near Dolan Way. Project Site There are a total of five parcels, owned by three different property owners, which are necessary to implement the Master Plan for the community center. The City has successfully negotiated with two of the three property owners to acquire four of the five necessary parcels. The City Council authorized the purchase of these four parcels and appropriated the necessary funding at the August 22, 2017, City Council meeting. The last remaining acquisitions include the Property, which is owned by Fiorino and Grazia Caruso and is located at 18350 Sierra Highway. The Property is improved with a single -story shopping center, which is being used for restaurant and retail purposes. Also necessary for the project street improvements are Permanent Easements and Temporary Construction Easements located on properties owned by the Santa Clarita Pizza Properties, LLC, located at 18417 Soledad Canyon Road, and Cono Terranova, located at 18300 Sierra Highway. There are two billboards, which are impacted by the community center and associated improvements. One is a two-sided billboard owned by Clear Channel Outdoor that is located at 18436 Sierra Highway, a property the City is currently in escrow to acquire. The other is a two- sided billboard owned by Outfront Media Advertising and is located at 18350 Sierra Highway. Page 2 Packet Pg. 67 Property Negotiations The City is required by state law to make a reasonable effort to acquire property and easements by negotiation. In January 2017, the City authorized staff to enter into negotiations with Fiorino and Grazia Caruso for the acquisition of the Property, and to negotiate with Santa Clarita Pizza Properties, LLC, and Cono Terranova to acquire the required permanent and temporary construction easements. Formal offer letters were sent to Fiorino and Grazia Caruso and Santa Clarita Pizza Properties, LLC, in April 2017. Since April 2017, the City has been engaged in negotiations with each property owner. Additionally, in June 2017, City Council authorized staff to negotiate with both owners of the Billboards. Formal offer letters were sent in August 2017 to Outfront Media Advertising and Clear Channel Outdoor. To date, the City has been unable to successfully negotiate agreed-upon terms to acquire the Property, the Permanent and Temporary Construction Easements, or the Billboards. Therefore, it is appropriate for the City to consider adopting Resolutions of Necessity to initiate eminent domain proceedings to acquire the Property, the Permanent and Temporary Construction Easements, and the Billboards. Property Condemnation Pursuant to California Government Code Sections 7267.2, 37350 et seq., 37350.5, 40401 et seq., and 40404, and California Code of Civil Procedure Section 1230.010 et seq., and Section 19, Article I of the California Constitution, and other authorities, the City is authorized to acquire property interests by eminent domain, provided certain procedural steps are followed. First, the City must make an offer to the property owners based on an appraisal, which must be transmitted in writing. On December 14, 2016, an appraisal was completed by Valentine Appraisals & Associates, which established the value for just compensation of the Caruso Property. On December 22, 2016, and December 26, 2016, appraisals were completed by Valentine Appraisals & Associates, which established the value for just compensation of the Permanent Temporary Construction Easements for Cono Terranova and the Santa Clarita Pizza Properties, LLC, respectively. The City has used the valuation approach as set forth in the California Department of Transportation (Caltrans) Right -of -Way Manual under Chapter 7 Appraisals to establish the value for just compensation of the Billboards. As required by law, the City presented offer letters to each owner dated April 5, 2017, and August 30, 2017, based on the appraised amounts. A copy is attached as Exhibit "A." To date, these offers have not been accepted. Because these offers have not been accepted, it is now necessary that an action of eminent domain be commenced to acquire the Property, Permanent and Temporary Construction Easements, and the Billboards. Prior to filing the action, the City must hold a hearing on a Resolution of Necessity and provide the property owners an opportunity to be heard at that hearing, provided the owner has, prior to the hearing, timely filed with the City a written request to be heard. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure section 1245.235, was provided. As demonstrated by Exhibit `B" attached hereto, proper notice was given in accordance with the applicable statutes. Page 3 Packet Pg. 68 After conducting the hearing at a public meeting, if the City makes all of the necessary findings detailed below, the City should adopt the proposed Resolutions of Necessity authorizing condemnation proceedings for the purpose of acquiring the property, which is described in the resolution. Analvsis The findings, which need to be made, are as set forth in the proposed Resolutions of Necessity. Specifically, the City must find, among other things, that: The public interest, convenience, and necessity require the proposed project. The Canyon Country Community Center is part of the adopted Parks, Recreation, and Open Space Master Plan, is consistent with the City's General Plan, Soledad Corridor Plan, and part of the Santa Clarita 2020 Plan. The project is located in an underserved area of the community, replaces the temporary community center and includes significant road improvements on Soledad Canyon Road, Sierra Highway, and Solamint Road. 2. The project is planned or located in a manner that will be most compatible with the greatest public good and least private injury. The adopted Master Plan for the project was established through a public engagement process. The City studied a number of different potential locations for the community center and determined the location on the corner of Soledad Canyon Road and Sierra Highway met the size requirement and service area criteria. Implementation of the adopted plan required the acquisition of properties and easements to support necessary on-site parking and street improvements. The acquisition of the Property, Permanent and Temporary Construction Easements, and Billboards will be the highest and best use for the property. Moreover, the City has been successful in acquiring by negotiation most of the properties needed to construct the community center. The Property and easements are the final privately owned property interests needed before the City can complete the design and prepare for construction of the new center. Any other proposed location for this project would result in greater private injury requiring more acquisitions of private property. 3. The Property is necessary for the project. The Property, Permanent Easements, Temporary Construction Easements, and Billboards are necessary to provide street improvements, which include a right -turn lane on westbound Soledad Canyon Road and full street improvements on Sierra Highway from Soledad Canyon Road north to Dolan Way. Additionally, on-site vehicular movement and parking to support the new community center require these property interests. 4. That the City has satisfied the provisions and complied with all requirements of the California Environmental Quality Act (CEQA) for the project. On July 11, 2017, per Resolution 17-70, the City Council adopted the Mitigated Negative Declaration for the Canyon Country Community Center project. The entire project, including the acquisition of adjacent parcels and street improvements were discussed and evaluated in those environmental documents. Therefore, the City has satisfied its obligation under the Page 4 Packet Pg. 69 California Environmental Quality Act (CEQA) to conduct an environmental analysis of the proposed acquisition. In addition, this acquisition has been found in compliance with Government Code Section 65402 regarding General Plan consistency. Questions relating to the value of the property and disposition of the businesses are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the Property, Permanent Easements, Temporary Construction Easements, and Billboards are at an end. As is the case in every proposed condemnation, staff will continue to negotiate with the property owners to reach a settlement. At this time, however, staff believes it is important to move the official acquisition processes forward to facilitate the implementation of the Canyon Country Community Center project. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Appropriate $2,443,449 from the Facilities Fund Balance (Fund 723) to the Canyon Country Community Center expenditure account F3020723-5201.004 for the acquisition of Property, Permanent Easements, and Temporary Construction Easements and Billboards. ATTACHMENTS Resolution - APN 2844-005-016 Resolution - APN 2844-005-039 Resolution - APN 2844-003-006 Resolution - APN 2844-005-016 (Billboard) Resolution - APN 2844-003-005 (Billboard) Exhibit A - Five Offer Letters Exhibit B - Five Notice of Hearing Letters Page 5 Packet Pg. 70 13.a RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF PROPERTY LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — ASSESSOR PARCEL NUMBER 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (City), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on September 26, 2017, hereby finds, determines, and declares as follows: a. The public interest and necessity require the proposed Canyon Country Community Center project (Project); and b. The interest in real property to be acquired is a full fee interest in the real property described on Exhibit "A" attached hereto and incorporated herein by this reference (Property). The Property is located within Los Angeles County in the City of Santa Clarita, State of California A depiction of the Property is attached hereto, marked Exhibit `B" attached hereto and incorporated herein by reference and made a part hereof. a The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and d. The taking of the Property as above described is necessary for the Project, and such a taking is authorized by Section 19, Article I of the California Constitution, w� Sections 37350 et seq., 37350.5 et seq., and 40404 of the California Government Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other c applicable law; and U) e. The City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and f The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the Property; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given. Zo Packet Pg. 71 SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its intention to acquire the Property in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. If any of the area of the Property has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1260.510. SECTION 4. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Property, including filing of an application for an order of immediate possession prior to judgment. SECTION 5. This Resolution shall be effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this of 12017. MAYOR ATTEST: CITY CLERK DATE: 13.a Packet Pg. 72 v U Zo STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, 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 to day of 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13.a Packet Pg. 73 v U zo 13.a Exhibit A Legal description of Property Real property in the City of Santa Clarita, County of Los Angeles, State of California, described as Z follows: O F PARCEL 1: N THAT PORTION OF LOT 4 OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 15 :3 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO (Oj THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE Q EASTERLY LINE OF SAID LOT 4 WITH THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST W QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EASTERLY LINE NORTH 0 0 DEGREES 04' EAST 198.76 FEET; THENCE SOUTH 49 DEGREES 4708" WEST 87.03 FEET TO THE Y SOUTHEASTERLY LINE OF SIERRA HIGHWAY, FORMERLY MINT CANYON ROAD, AS DESCRIBED IN DOCUMENT NO. 1513-C REGISTERED UNDER CERTIFICATE NO. 11-76394, RECORDS OF SAID COUNTY; THENCE N y NORTH 64 DEGREES 52' WEST 50.00 FEET TO THE CENTER LINE OF SIERRA HIGHWAY; THENCE ALONG SAID W CENTER LINE, SOUTH 25 DEGREES 08' WEST TO THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE U W OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21; THENCE Z NORTH 89 DEGREES 29'30" EAST ALONG SAID PROLONGED NORTHERLY LINE TO THE POINT OF BEGINNING. LL O SAID LAND IS SHOWN ON RECORD OF SURVEY MAPS FILED IN BOOK 46 PAGE 26 OF RECORD OF SURVEYS, IN 0 THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. O F PARCEL 2: :3 J THAT PORTION OF LOT 4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO O MERIDIAN, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID N W LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 4 WITH THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EASTERLY LINE, NORTH 00 DEGREES 04' EAST 402.76 FEET TO THE ILO CENTER LINE OF SIERRA HIGHWAY, FORMERLY MINT CANYON ROAD, AS DESCRIBED IN DOCUMENT NO. 0 1513-C, AND REGISTERED UNDER CERTIFICATE NO. 11-76394 OF TORRENS, RECORDS OF SAID COUNTY, AND Q BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE, SOUTH 25 DEGREES 08' WEST N 263.90 FEET; THENCE SOUTH 64 DEGREES 52' EAST 50 FEET TO THE SOUTHEASTERLY LINE OF SAID SIERRA 0 HIGHWAY; THENCE NORTH 49 DEGREES 47' 08' EAST 87.03 FEET TO SAID EASTERLY LINE OF LOT 4; THENCE LL ALONG SAID EASTERLY LINE, NORTH 00 DEGREES 04' EAST 204 FEET TO THE TRUE POINT OF BEGINNING. U W EXCEPT THEREFROM, THAT PORTION INCLUDED WITHIN THE LINES OF SAID SIERRA HIGHWAY. ALSO EXCEPT THEREFROM, THAT PORTION LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE K NORTHERLY LINE OF PARCEL 6 AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 46 PAGE 26 OF RECORD IL OF SURVEYS OF SAID COUNTY. EXCEPT AS TO PARCEL 2 ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, �. m Order Number: 5005414 p Page Number: 7 First American Tideo 0 Page 7 of 16 v NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, KNOWN, THAT MAY BE 00 a WITHIN OR UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT EVER TO DRILL, DIG OR MINE THROUGH d THE SURFACE OF SAID LAND THEREFOR, OR OTHERWISE DEVELOP SAME IN SUCH MANNER AS TO Q ENDANGER THE SAFETY OF ANY HIGHWAY ON LANDS HEREIN AS RESERVED BY ROY G. INSLEY IN DEED c REGISTERED ON DECEMBER 26, 1952 AS DOCUMENT NO. 23421-U, CERTIFICATE NO. IAZ-116754 AND IN OTHER C DOCUMENTS OF RECORD. APN: 2844-005-016 Packet Pg. 74 zo Exhibit B Depiction of Property 6 � ?N:28RR44-005-016 13.a Packet Pg. 75 U �o 0 0 0 v N Z n 0 0 a E R zo 13.b RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AT, 18300 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — ASSESSOR PARCEL NUMBER 2844-005-039 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (City), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on September 26, 2017, hereby finds, determines, and declares as follows: a. The public interest and necessity require the proposed Canyon Country Community Center project (Project); and b. The interests in real property to be acquired area Permanent Easement and a Temporary Construction Easement (collectively referred to herein as the "Interests"), which are further described as follows. Permanent Easement: a 771 sq. ft. permanent exclusive easement for public road, N utilities and highway purposes including but not limited to the use of the easement M U. by easement holder and its officers, employees, agents, contractors and subcontractors, for demolition, clearance, grading, utility relocation and w construction of street improvements or other necessary uses, in connection with p the Project, over, in, on, upon, through, within, under, and across that certain real a property as described and depicted in Exhibit "1" which is attached hereto and w� incorporated herein (Easement Area) along with the right to improve, maintain, and use the surface of said Easement Area for Public Roadway and Sidewalk c purposes; and N ii. Temporary Construction Easement: a 1,280 sq. ft. temporary construction 00 easement for the purposes of facilitating construction activities, including the right P1 to place equipment and vehicles, pile earth thereon, and utilize said temporary 0. construction easement area for all other related activities and purposes in, on, over, under, through, along and across that certain real property described and o depicted in Exhibit "2" which is attached hereto and incorporated herein (TCE). Said TCE shall commence thirty (30) days after written notice by easement holder of commencement of construction (Commencement Notification) and shall automatically terminate thirty (30) days after easement holder provides written notice to underlying fee owner of termination of the TCE, or three (3) years after E t v R Q Packet Pg. 76 13.b the Commencement Notification, whichever occurs first (hereinafter, TCE Term). Easement holder shall have the unilateral right to extend the TCE Term as necessary for completion of construction of the facilities necessary for the Project; however, under no circumstances shall the duration of the TCE Term be extended beyond December 31, 2020. Easement holder must provide underlying fee owner with the written notice of its intent to extend the TCE Term as well as the amount due for the time the TCE is to be extended, at least ten (10) days prior to the expiration of the current term. The rate for the extended use of the Temporary Construction Easement beyond the initial TCE Term shall be $267 or each month the extension term is exercised. c. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and d. The taking of the Interests as above described is necessary for the Project, and such taking is authorized by Section 19, Article I of the California Constitution, Sections 37350 et seq., 37350.5 et seq., and 40404 of the California Government Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other applicable law; and e. The City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and f The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the Interests; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given. SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its p intention to acquire the Interests in its name in accordance with the provision of the laws of the a State of California with reference to condemnation procedures. w� SECTION 3. If any of the area of the Interests has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1260.510. SECTION 4. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, o institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Interests, including filing of an application for an order of immediate possession prior to judgment. Y SECTION 5. This Resolution shall be effective immediately upon its adoption. E t v R Q Packet Pg. 77 SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this of 12017. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 13.b I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the a foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a v regular meeting thereof, held on the to day of , 2017, by the following U Vote: M O N O O AYES: COUNCILMEMBERS: 00N Z NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: o Y O N� LL Y CITY CLERK t v R zo Packet Pg. 78 Exhibit 1 Legal description of Interests for Permanent Easement Sheet 1 of 1 EXHIBIT "A" Legal Description 2844-005-039 R.O.W. That portion of the North half of the Southeast Quarter of the Northeast Quarter of Section21, Township 4 North, Range 15 West, San Bernardino Meridian, according to the official Plat of the survey of said land file in the Bureau of Land Management, described as follows: BEGINNING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County, said point being the POINT OF BEGINNING; thence along said Southeasterly sideline, North 25°03'38" East, 98.43 feet to the North line of the lands described in said deed recorded April 13, 2016 as Instrument No. 2016-0413325; thence along last said North line, North 89°25'03" East, 8.87 feet to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway; thence leaving said North line, South 25°03'38" West, 96.43 feet on a course parallel with and 8.00 feet Southeasterly from said Southeasterly sideline to said South line; thence along said South line South 89°25'03" West, 8.87 feet to the POINT OF BEGINNING. Contains 709 Square Feet. more or less. SAND S Prepared by meo der my direction L.S.7586 PRELIMINARY N9 ---------------------- DateAprn 16,_2017 RCS CA1�F& Danny T. Davis, P.L.S. No. 7586 13.b Packet Pg. 79 Exhibit 1 Depiction of Interests for Permanent Easement LEGEND SURVEY OF LAW GRAPHIC SCALE APN 2844-005-039 MMHM WCHAIN UNK FENCE MM'p$ ao a' i¢ ao > EC =ECCE � A = ¢1RET U T PL = MCP v I c Fq o 0 00 1nrn=sou. No\ M q AWN aebf'Y/s,yr /S V. LOT 4 �YSRN -\Pik m i 1 � ml - zm N O - 00 1 nr - Z N CDCD K CD N MM I II �1 i I m I 1 I i m LEGEND SURVEY OF LAW M_ P °� APN 2844-005-039 MMHM WCHAIN UNK FENCE MM'p$ PSC MM -WAY WAY El 771 sq ft. R.O.W. > EC =ECCE � A = ¢1RET U T PL = MCP v I WV am Y&W M q AWN Packet Pg. 80 V U m 0 0 O 00 N Z a c 0 `5 0 d c Cd C t V R El Exhibit 2 Legal description of Interests for Temporary Construction Easement Sheet 1 of 2 EXHIBIT "A" Legal Description 2844-005-039 T.C.E. That portion of the North half of the Southeast Quarter of the Northeast Quarter of Section2l, Township 4 North, Range 15 West, San Bernardino Meridian, according to the official Plat of the survey of said land file in the Bureau of Land Management, described as follows: PARCEL 1 COMMENCING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County; thence along said South line, North 89'25'03" East, B.87 feet to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway, said point being the TRUE POINT OF BEGINNING; thence continuing along last course North 89'25'03" East, 22.69 feet; thence leaving said South line North 25'37'55" East, 5.10 feet; thence South 89'24'16" West, 22.75 to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway; thence South 25'03'38" West, 5.07 feet on a course parallel with and 8.00 feet Southeasterly from said Southeasterly sideline to the TRUE POINT OF BEGINNING. Contains 104 Square Feet. more or less. Parcel 2 COMMENCING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County; 13.b Packet Pg. 81 v U zo Exbibit2 Legal description oflnterests for Temporary Construction Easement Sheet 2 of 2 -%I IIC IT 'A" Lego Dei 01 (OONTINJEC) 2844-005-C69 -.GE. thence along said Saclh line, North 89'25'03" Es,.. 8.87 feel to c on or a I'no porn dI with end distant Snutmn tcrly 8.00 .eat, nered of -Iget and es f -em said Southeasterly sideline of Sierra Highway, thence leovng sad South ne North 25'03'38" Cast, 44.39 feet on a course paralle with and &CC feet So.ithecs4s9y from said Soubaeastery sideline to the TRUE POINT CF B-GINN NG thence continuing alcny Icst said parallel course, North 2593'38" Last, 52.04 ket to tre North line of the loans cescrb-- in said deadcad April 13, 2018 us rslruni No. 2011 13325�ihence a oig said North line, Norti 89'25'03" -ask 42.22 feet; thence leaving said North 'ne South 24DO'37" West. 4.43 feet; thence Scu.h 89'2503" West, 18.80 feet; thence SOLth 25 3% 8c" West, 4d.40 teak thence South 9Uti West, 23.0/ feel to the TRUE POINT DF BEGINNING. Conic he t'79 Sq.a-e feetmore a less. a W10 Prepared ay my direction jt q PRE -IV VARY (*l Cole 4d� 1e, 2017y �� Danny T. Davis, PLS No- 7585 Exbibit2 Depiction of Interests for Temporary Construction Easement 13.b PackM Pg. 82 LEGEND GRAPHIC SCALE w 0' 10 0 60 C•\� ON I iiie'. 90 Nod• `�� l"�S'ZvC n W _____ _____ d__ C' E. _ U __ V" -Li LO_____ QI \�\ sq ft. T.C.E. WE31282 -WAq Mw WV RA VALVE .ROOF GRAIN Rq A/ \ \ ek \mom I /i I Nm I 4� P9 N O HA � G C:)i �I7 L n C m I � I I LEGEND SURVEY OF X:" &T`°R PP POYEN POIE APN 2844-005-039 W ff . CONOIERE EC � R R 4G\ a . rnaEr PL UW sq ft. T.C.E. WE31282 -WAq Mw WV RA VALVE .ROOF GRAIN 13.b Packet Pg. 83 13.c RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AT, 18417 SOLEDAD CANYON ROAD, SANTA CLARITA, CALIFORNIA — ASSESSOR PARCEL NUMBER 2844-003-006 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (City), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on September 26, 2017, hereby finds, determines, and declares as follows: a. The public interest and necessity require the proposed Canyon Country Community Center project (Project); and b. The interests in real property to be acquired area Permanent Easement and Temporary Construction Easement (collectively referred to herein as the Interests), which are further described as follows: i. Permanent Easement: a 1,384 sq. ft. permanent exclusive easement for public N road, utilities and highway purposes including but not limited to the use of the M easement by easement holder and its officers, employees, agents, contractors and U. subcontractors, for demolition, clearance, grading, utility relocation and w construction of street improvements or other necessary uses, in connection with p the Project, over, in, on, upon, through, within, under, and across that certain real a property as described and depicted in Exhibit 1 which is attached hereto and w� incorporated herein (Easement Area) along with the right to improve, maintain, and use the surface of said Easement Area for surface for Public Roadway and Sidewalk purposes; and c co ii. Temporary Construction Easement: a 5,158 sq. ft. temporary construction 00 easement for the purposes of facilitating construction activities, including the right P1 to place equipment and vehicles, pile earth thereon, and utilize said temporary 0. construction easement area for all other related activities and purposes in, on, over, under, through, along and across that certain real property described o depicted in Exhibit 2 which is attached hereto and incorporated herein (TCE). Said TCE shall commence thirty (30) days after written notice by the City of commencement of construction (Commencement Notification) and shall automatically terminate thirty (30) days after the City provides written notice to Grantor of termination of the TCE, or three (3) years after the Commencement E t v R Q Packet Pg. 84 13.c Notification, whichever occurs first (hereinafter, the TCE Term). Easement holder shall have the unilateral right to extend the TCE Term as necessary for completion of construction of the facilities necessary for the Project; however, under no circumstances shall the duration of the TCE Term be extended beyond December 31, 2020. Easement holder must provide underlying fee owner with the written notice of its intent to extend the TCE Term as well as the amount due for the time the TCE is to be extended, at least ten (10) days prior to the expiration of the current term. The rate for the extended use of the Temporary Construction Easement beyond the initial TCE Term shall be $1,500 for each month the extension term is exercised. c. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and d. The taking of the Interests as above described is necessary for the Project, and such taking is authorized by Section 19, Article I of the California Constitution, Sections 37350 et seq., 37350.5 et seq., and 40404 of the California Government Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other applicable law; and e. The City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and f The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the Interests; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given. SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its p intention to acquire the Interests in its name in accordance with the provision of the laws of the a State of California with reference to condemnation procedures. w� SECTION 3. If any of the area of the Interests has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1260.510. SECTION 4. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, o institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Interests, including filing of an application for an order of immediate possession prior to judgment. Y SECTION 5. This Resolution shall be effective immediately upon its adoption. E t v R Q Packet Pg. 85 SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this of 12017. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ).ss. CITY OF SANTA CLARITA ) 13.c I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the w foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a p regular meeting thereof, held on the to day of 2017, by the following a vote: v U_ f0 0 AYES: COUNCILMEMBERS: 0M NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 86 zo Exhibit 1 Legal description of Interests for Permanent Easement Sheet 1 of 1 EXHIBIT "A" Legal Description 2844-003-006 R.O.W.. That portion of Lot 4 of the Northeast Quarter of Section 21, Township 4 North, Range 15 West, San Bernardino Meridian, County of Los Angeles, State of California, according to the Official Plat of said Land, described as follows: COMMENCING at the Southwest corner of said Lot 4; thence along the center line of Soledod Canyon Road, 60 feet wide, as per Book 6689 Page 34, also being the Southerly Line of said Northeast Quarter, North 89'16'31° East, 163.08 feet to the TRUE POINT OF BEGINNING; thence leaving said center line, North 07'37'31" East, 79.09 feet to a point, said point being the intersection of the Easterly line of the lands described in deed recorded May 05, 1992 as Instrument No. 92-803248 with a curve concave to the south, having a radius of 4,460 feet, concentric with and distant Northerly 60.00 feet from the centerline of Soledad Canyon Road as per Tract No. 42504, M.B. 1048, Page 2, a radial line through said point bears North 0'52'37° East; thence leaving said Easterly line and continuing Easterly along said concentric curve, an arc distance of 129.60 feet, through a central angle of 1'39'54'; thence South 87'27'29" East, 14.61 feet to a point on a line parallel with and distant Northerly 60.00 feet from the centerline of Soledad Canyon Road as per said Tract No. 42504; thence leaving said parallel line South 88'35'26" East, 49.53 feet to the East line of the lands described in deed recorded May 22, 2013 as Instrument No. 2013-0767303; thence along last said East line, South 00'00'58° East, 70.08 feet to the Southerly Line of said Northeast Quarter; thence along last said Southerly line South 8916'31' West, 204.18 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion thereof which lies within public roads of record as some existed an April 16, 2D17. Contains 1,384 Square Feet. more or less. Prepared by me o er my direction PRELIMINARY Danny T. Davis, P.L.S. No. 7586 Date April 16, 211 13.c Packet Pg. 87 v U zo Exhibit 1 Depiction of Interests for Permanent Easement >"t GRAPHIC SCALE w a' to w 60 t3� IN FEET ) I mm = wtt. 2844-003-006 ac V A\ w w„ e _70 4s LEGEND SURVEY OF W O APN 2844-003-006 NM = MM C E U AUE = UiYNIINK iExtE = CW R -W w" :�-W 0 1384 sq ft. R.O.W. WTx^' WE = QFf MtxE K = PxOPQtfl UNE w = 9118 M TE = MP ENM0 E TIME - WE M V?? Packet Pg. 88 ExhiI Legal description ofhaterests for Temporary Construed on Easement E{HIBI "A" Sheat 1 of I Legal ]eecrip: on 2844 CO3 006 T.Cs. That aorta, of of 4 of the No4kecst Quarter of Section 21, Townsrlp 4 North. Harge 15 West, Son Bernardino Mercer County o1 os Angeles. State of California, according to the Ofnclal Pat of shin land cescrlbed is muawsr COMMENC NG at his Southwest o of said Lal 4; Thence dmm the center Ine of SoledaE Canyor Road, 69 feet wide, as per Book fi689 Page 34, also being the Southerly Ine of sold Nortrecst Quarter, Norte 091531 Last. 16105 feet, thence hovina sad center lire. North C1'3]'31' ast, 79.09 feel to NE TRUE POINT OF BEGINNING, scid ooinl being the Irlersectlori of the Easterly line of the lands descrloed -n deed corded Mcy 05, 992 is Instrument NC. 92-803248 with c g we concave to the south, roving o its a erine feat, concentric with and outputper Northerly 60 034250 feet from tM1e center ilia di Soletlad Canyon id as per ars No. 42604 M.B. t; 5.trance Pagencel 2 n radial Ins t -y ugiline said pont bear No -11 0'52'3]" Earl; hence leaving sold asterly Ilse and onrun thro aslecy olony said f enIF 5L c c d87 27'e of 129.80 fee, thea to c centra Ingle al paral� ith a South 872729" East. 14.61 feet to c point en a Ilne scoot a with and thetas per said eo.00 feet hour the aaigg sol of So IF it Canyon Road as FEd said ,5 tet No. to the ironed leaving said s described ell Ine South 88'35]6" Mo 22, fee, to the east Ilre o. the lands dssml the In Jaen recorded May 22. North as Instrument No. 27E feet, then; thanes along los: Falb East line, North oO'CO58" thence 2Sar feet, Thence est, 12 last feet; hen me,No th 8835'26' West, thence Stu tt 92'14'22" West, 1273 faeq thence North thence8751'3 West, 93.21 feet; thence North to the Ea Last, ine o feet; thecae Norte sure aced" recorded d May feet to the Easterly ine of the lards iiiii In so cead recorded May O5, 1alo ass still Ea ier 92 803248; thence SOWN POI 4T OF B West along last scid Eastery I lie. 49.C] feet to tee TRUE FONT CF BCG NNING. Excep- therefrom, any portion lying wl,hln the penmeler cf the ex sting building. Z 1N1g Contain=_ 5,156 Squcre Feet more or eve %T- Ar Presented by me r my creation (A/tl t.&tW a c / PRELIMINARY ta ' C ltF Data Psril_16 2017 Danny T. Davis, P.L.S. No. 7586 3.c Pack et Pg. 89 Exhibit 2 Depiction of Interests for Temporary Construction Easement XEGEN�D&TTS \ GRAPHIC SCALE W\v so o' os so eo WY\ -;, RME \\ ( IN FEET) = p MNUNK 111 [ I mm = son. \ R -W C I WIE . MWT-Of-WAY 9 M . CUE M MT GUY P. = MY WRE =RRCPERTYME 2844-00�-006 apt\ \ 1w, TE = 1RA91 EliR091PE T.W. � 1REE YF11 tiMp W RE5(P�R�`N`"PtEK� o� eM K ) ' \ f� XEGEN�D&TTS SURVEY OF -;, RME APN 2844-003-006Mill" ME = p MNUNK 111 [ R -W C I WIE . MWT-Of-WAY 9 M . CUE M MT GUY P. = MY WRE =RRCPERTYME © 5158 sq ft T.C.E.. apt\ RR = Mum TE = 1RA91 EliR091PE T.W. � 1REE YF11 Packet Pg. 90 13.d RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF BILLBOARD (FACES #7036 AND #7037) LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA - ASSESSOR PARCEL NUMBER 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (City), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on September 26, 2017, hereby finds, determines, and declares as follows: a. The public interest and necessity require the proposed Canyon Country Community Center project (Project); and b. The interest to be acquired includes the billboard described on Exhibits "A" and `B" attached hereto and incorporated herein by this reference Billboard. The Billboard is located at 18350 Sierra Highway, within Los Angeles County in the City of Santa Clarita, State of California A depiction of the Billboard is attached hereto, marked Exhibit `B" and is incorporated herein by reference and made a part hereof. a The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and a v U d. The taking of the Billboard as above described is necessary for the Project, and such o taking is authorized by Section 19, Article I of the California Constitution, c Sections 37350 et seq., 37350.5 et seq., and 40404 of the California Government a Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other m applicable law; and 0 N e. The City has fully complied with all the provisions of California's Environmental c Quality Act in regard to the Project; and v 00 N f The offer to purchase required by California Government Code Section 7267.2 has a been made to the owner of the Billboard; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given. Packet Pg. 91 SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its intention to acquire the Billboard in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. If any of the area of the Billboard has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1260.510. SECTION 4. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Billboard, including filing of an application for an order of immediate possession prior to judgment. SECTION 5. This Resolution shall be effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this of 12017. MAYOR ATTEST: CITY CLERK DATE: 13.d Packet Pg. 92 il STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, 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 to day of 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13.d Packet Pg. 93 il Exhibit A Legal description of Property Outfront Media Advertising. Billboard Faces #7036 and #7037 Located at 18350 Sierra Highway, Santa Clarita California On Assessor's Parcel Number 2844-005-016 13.d Packet Pg. 94 il Exhibit B Depiction of Property i 13.d Packet Pg. 95 Gl 13.e RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF BILLBOARD (FACES #1417 AND #5070) LOCATED AT, 18436 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — ASSESSOR PARCEL NUMBER 2844-003-005 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (City), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on September 26, 2017, hereby finds, determines, and declares as follows: a. The public interest and necessity require the proposed Canyon Country Community Center project (Project); and b. The interest to be acquired includes the billboard described on Exhibits "A" and `B" attached hereto and incorporated herein by this reference Billboard. The Billboard is located at 18436 Sierra Highway, within Los Angeles County in the City of Santa Clarita, State of California A depiction of the Billboard is attached hereto, marked Exhibit `B" and is incorporated herein by reference and made a part hereof. a The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and a v U d. The taking of the Billboard as above described is necessary for the Project, and such o taking is authorized by Section 19, Article I of the California Constitution, c Sections 37350 et seq., 37350.5 et seq., and 40404 of the California Government a Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other m applicable law; and c 0 co e. The City has fully complied with all the provisions of California's Environmental c Quality Act in regard to the Project; and v 00 N f The offer to purchase required by California Government Code Section 7267.2 has a been made to the owner of the Billboard; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given. Packet Pg. 96 SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its intention to acquire the Billboard in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. If any of the area of the Billboard has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1260.510. SECTION 4. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Billboard, including filing of an application for an order of immediate possession prior to judgment. SECTION 5. This Resolution shall be effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this of 12017. MAYOR ATTEST: CITY CLERK DATE: 13.e Packet Pg. 97 il STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, 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 to day of 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 13.e Packet Pg. 98 il Exhibit A Legal description of Property Clear Channel Outdoor Holdings, Inc. Billboard Faces #1417 and #5070 Located at 18436 Sierra Highway, Santa Clarita California On Assessor's Parcel Number 2844-003-005 13.e Packet Pg. 99 il Exhibit B Depiction of Property wE► "1'F' '�Ur 13.e it Packet Pg. 100 MW EXHIBIT "A" City of SANTA CLARITA 23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 wtutu. san to-clati ta. com April 5, 2017 Morino Caruso Grazia Caruso 28001 Ellis Court Santa Clarita, CA 91350 Dear Property Owner: Subject: Offer to Acquire Property Located at: 18350 Sierra Highway, Santa Clarita, CA - APN: 2844-005-016 Project Name: Canyon Country Community Center The City of Santa Clarita (City) staff, as part of the proposed Canyon Country Community Center project (Project), seeks to acquire the property referenced in the subject line of this letter in which you have an interest. The real property to be acquired is referred to herein as the "Property" and is further described in Enclosure 1. The City obtained a preliminary title report that lists Fiorino Caruso and Grazia Caruso, Trustees of the Caruso Living Trust, Dated 06/04/1991, as the vested owners of the above-mentioned property of which the Property are a part. If you do not believe you are the owner of the Property, please contact us immediately. The City had an appraisal performed to determine the fair market value for the Property. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land. Based on this analysis, the City offers to purchase Property (free and clear of any encumbrances to title such as liens, leases, licenses, or any other Property which, in the City's discretion are unacceptable) for ($2,055,000) (the Purchase Price). This amount disregards a decrease or increase in the fair market value of the Property to be acquired prior to the date of valuation caused by the public improvement for which the Property are to be acquired for such public improvement. This offer does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits, if any, which the owner may be entitled to receive under an agreement with the City. The basis for this offer, which is subject to approval by the City Council, is explained more thoroughly in the attachments to this letter. The Purchase Price is the full amount established as the fair market value of the Property and the just compensation for such acquisition. A written statement and summary of the basis for the amount established as the Purchase Price is set forth in the attached Valuation Analysis, identified as Enclosure 2, In acquiring the Property, the City would pay all usual fees, charges, and costs that arise out of this transaction. Enclosed as Enclosure 3 is a proposed Purchase and Sale Agreement and Grant Deed, reflecting the terms and conditions of the Interests sought to be acquired. If the offer is acceptable, please execute the Purchase and Sale Agreement, and sign the Grant Deed before a Public Notary and return them to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. LL no Packet Pg. 101 13.f Fiorino Caruso Grazia Caruso April 5, 2017 Page 2 EXHIBIT "A" This offer is contingent upon presentation of conclusive evidence of title. Additionally, the offer presumes the Property are free of hazardous substances and all other subsurface soil contamination. In the event any facts or circumstances arise which indicate the presence of such subsurface contamination, the City reserves the right to rescind or modify its offer at any time prior to reflect the estimated or actual costs to remediate the property to the satisfaction and approval of all applicable regulatory agencies. If you are not satisfied with the City's offer, you are encouraged to present any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Enclosure 4. Please be advised that you are entitled to a reasonable amount, not to exceed five thousand dollars ($5,000), for an appraisal prepared by an independent appraiser licensed by the Office of Real Estate Appraisers. If you wish to take advantage of this reimbursement, please forward a copy of the appraisal report and the invoice showing that the appraisal firm was paid. While staff proposes to recommend the acquisition of the Property to the City Council for this project, no decision to acquire can be made until the City Council formally acts to approve this acquisition. Nothing in this letter is meant to pre -commit the City or otherwise limit the options available to the City. Consequently, this offer, if accepted, and the acquisition of the Property is conditional upon and requires the approval of the City Council. If the property is acquired as anticipated, it is scheduled to be used within two years of w acquisition and is therefore not available to be leased back under the provisions of California p Code of Civil Procedure 1263.615. a The City has contracted with Property Specialists, Inc. (CPSI) to provide acquisition services. If v you need additional information or have any questions, please contact Brett Paulson at (949) 299-5307. w J Sincerely, `w W LL Kenneth W. Striplin ¢ City Manager a t X DL:BP:CMawb W s'pw/eng,civi%F:0^_O Canyon Country Comm 0,WP Relomion ServiceUAcquisiiions/OM, Lesser 2844-05-016 Camw C d E Enclosures: 1 - Legal Description of the Property 2 - Valuation Analysis M 3 - Purchase and Sale Agreement ¢ 4 - Acquisition Brochure Packet Pg. 102 City of SANTA CLARITA EXHIBIT °A° 23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 uam.santa-clatita. corn April 5, 2017 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta 18307 Siena Highway, Suite 107 Santa Clarita, CA 91351 Dear Property Owner: SUBJECT: Offer to Acquire Property Located at: 18300 Sierra Highway, Santa Clarita, CA — APN: 2844-005-039 Project Name: Canyon Country Community Center The City of Santa Clarita (City) staff, as part of the proposed Canyon Country Community Center project (Project), seeks to acquire a Permanent Easement and a Temporary Construction Easement over portions of the property in which you have an interest. The portions of the real property to be acquired is referred to herein as the "Interests" and is further described in Enclosure 1 and Enclosure 2. The City obtained a preliminary title report that lists Cono Terranova and Angelina Caruso Terranova, Trustees of the Terranova Family Trust dated June 1, 2007 as to an undivided 80 percent interest and Carl Nicchitta and Maria Nicchitta, husband and wife as joint tenants as to an undivided 20 percent interest, as the vested owners of the above-mentioned property of which the Interests are a part. If you do not believe you are the owner of the Interests, please contact us immediately. The City had an appraisal performed to determine the fair market value for the Interests. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land. Based on this analysis, the City offers to purchase Interests (free and clear of any encumbrances to title such as liens, leases, licenses, or any other interests which, in the City's discretion are unacceptable) for $63,600 (the Purchase Price). This amount disregards a decrease or increase in the fair market value of the Interests to be acquired prior to the date of valuation caused by the public improvement for which the Interests are to be acquired for such public improvement. The basis for this offer, which is subject to approval by the City Council, is explained more thoroughly in the enclosures to this letter. The Purchase Price is the full amount established as the fair market value of the Interests and the just compensation for such acquisition. A written statement and summary of the basis for the amount established as the Purchase Price is set forth in the attached Valuation Analysis, identified as Enclosure 2. LL no ,10k 0 %V Packet Pg. 103 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta April 5, 2017 Page 2 EXHIBIT "A" In acquiring the Interests, the City would pay all usual fees, charges, and costs that arise out of this transaction. Enclosed as Enclosure 3 is a proposed Purchase and Sale Agreement, a Permanent Easement (PE), and Temporary Construction Easement (TCE), reflecting the terms and conditions of the Interests sought to be acquired. If the offer is acceptable, please execute the Purchase and Sale Agreement, and sign the PE and TCE before a Public Notary and return them to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. This offer is contingent upon presentation of conclusive evidence of title. Additionally, the offer presumes the Interests are free of hazardous substances and all other subsurface soil contamination. In the event any facts or circumstances arise which indicate the presence of such subsurface contamination, the City reserves the right to rescind or modify its offer at any time prior to reflect the estimated or actual costs to remediate the property to the satisfaction and approval of all applicable regulatory agencies. If you are not satisfied with the City's offer, you are encouraged to present any material you believe to be relevant to the value of the Interests, which material will be carefully considered by the City. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Enclosure 4. Please be advised that you are entitled to a reasonable amount, not to exceed five thousand dollars ($5,000), for an appraisal prepared by an independent appraiser licensed by the Office of Real Estate Appraisers. If you wish to take advantage of this reimbursement, please forward a copy of the appraisal report and the invoice showing that the appraisal firm was paid. While staff proposes to recommend the acquisition of the Property to the City Council for this project, no decision to acquire can be made until the City Council formally acts to approve this acquisition. Nothing in this letter is meant to pre -commit the City or otherwise limit the options available to the City. Consequently, this offer, if accepted, and the acquisition of the Property is conditional upon and requires the approval of the City Council. If the property is acquired as anticipated, it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. 13.f LL no Packet Pg. 104 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta April 5, 2017 Page 3 EXHIBIT "A" The City has contracted with Property Specialists, Inc. (CPSI) to provide acquisition services. If you need additional information or have any questions, please contact Brett Paulson, at (949)299-5307. Sincerely, Kenneth W. Striplin City Manager DL:BP:CM:rb S:\PW\ENG-CIVI\F3020 Canyon Country Comm Ctr\RFP Relocation ServicesWcqusitions\ Offer Letter_2844-005-039_Terranova Enclosures: 1 — Permanent Easement & Temporary Construction Easement 2 - Valuation Analysis 3 — Purchase & Sale Agreement 4 — Acquisition Brochure 13.f LL no Packet Pg. 105 City of EXHIBIT - SANTA CLARITA 23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 u .santa-clar(ra.com April 5, 2017 Santa Clarita Pizza Properties, LLC 1851 Lombard Street, Suite 200 Oxnard, CA 93030 Dear Property Owner: Subject: Offer to Acquire Property Located at: 18417 Soledad Canyon Road, Santa Clarita, CA - APN: 2844-003-006 Project Name: Canyon Country Community Center The City of Santa Clarita (City) staff, as part of the proposed Canyon Country Community Center project (Project), seeks to acquire a Permanent Easement and a Temporary Construction Easement over portions of the property in which you have an interest. The portions of the real property to be acquired is referred to herein as the "Interests" and is further described in Enclosure 1. The City obtained a preliminary title report that lists Santa Clarita Pizza Properties, LLC, a California Limited Liability Company, as the vested owners of the above- mentioned property of which the Interests are a part. If you do not believe you are the owner of the Interests, please contact us immediately. The City had an appraisal performed to determine the fair market value for the Interests. The U. appraisal was conducted in accordance with commonly accepted standards and included v consideration of the highest and best use of the land. Based on this analysis, the City offers to 0 purchase Interests (free and clear of any encumbrances to title such as liens, leases, licenses, or K any other interests which, in the City's discretion are unacceptable) for $132,000 (the Purchase a Price). This amount disregards a decrease or increase in the fair market value of the Interests to v be acquired prior to the date of valuation caused by the public improvement for which the Interests are to be acquired. The basis for this offer, which is subject to approval by the City Council, is explained more thoroughly in the enclosure to this letter. The Purchase Price is the full amount established as the fair market value of the Interests and the just compensation for such acquisition. A written statement and summary of the basis for the amount established as the o Purchase Price is set forth in the enclosed Valuation Analysis, identified as Enclosure 2. LL In acquiring the Interests, the City would pay all usual fees, charges, and costs that arise out of ¢ Y this transaction. Enclosed as Enclosure 3 is a proposed Purchase and Sale Agreement, reflecting the terms and conditions of the Interests sought to be acquired. If the offer is acceptable, please X execute the Purchase and Sale Agreement, and sign the Permanent Easement (PE), and Temporary Construction Easement (TCE) before a Public Notary and return them to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. got Ma v I Packet Pg. 106 Santa Clarita Pizza Properties, LLC April 5, 2017 Page 2 13.f EXHIBIT "A" This offer is contingent upon presentation of conclusive evidence of title. Additionally, the offer presumes the Interests are free of hazardous substances and all other subsurface soil contamination. In the event any facts or circumstances arise which indicate the presence of such subsurface contamination, the City reserves the right to rescind or modify its offer at any time prior to reflect the estimated or actual costs to remediate the property to the satisfaction and approval of all applicable regulatory agencies. If you are not satisfied with the City's offer, you are encouraged to present any material you believe to be relevant to the value of the Interests, which material will be carefully considered by the City. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Enclosure 4. Please be advised that you are entitled to a reasonable amount, not to exceed five thousand dollars ($5,000), for an appraisal prepared by an independent appraiser licensed by the Office of' Real Estate Appraisers. If you wish to take advantage of this reimbursement, please forward a copy of the appraisal report and the invoice showing that the appraisal firm was paid. While staff proposes to recommend the acquisition of the Property to the City Council for this project, no decision to acquire can be made until the City Council formally acts to approve this acquisition. Nothing in this letter is meant to pre -commit the City or otherwise limit the options available to the City. Consequently, this offer, if accepted, and the acquisition of the Property is conditional upon and requires the approval of the City Council. If the property is acquired as anticipated, it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. The City has contracted with Property Specialists, Inc. (CPSI) to provide acquisition services. If ci you need additional information or have any questions, please contact Brett Paulson, at m (949)299-5307. w Sincerely, J O LL Kenneth W. Striplin City Manager r a t DL:BP:CM:twb w vpwieny-civi1F;020 Canyon Coumry Comm CtrRFP Relocation ServicaVAcquisinionslOtler Letter 2844-003406 SC Pizza r Enclosures: i - Permanent Easement and Temporary Construction Easement E 2 - Valuation Analysis 3 - Purchase and Sale Agreement 4 - Acquisition Brochure Packet Pg. 107 MW EXHIBIT SANTA CLARITAlu 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-cla7ita.com August 30, 2017 Steve Amar Outfront Media Advertising 1731 Workman Street Los Angeles, CA 90031 Dear Billboard Owner: Subject: OFFER TO ACQUIRE BILLBOARD LOCATED AT: 18350 Sierra Highway, Santa Clarita, California — APN: 2844-005-016 Project Name: Canyon Country Community Center The City of Santa Clarita (City), as part of the proposed Canyon Country Community Center project seeks to acquire the billboard referenced in the subject line of this letter. The City is using the valuation approach as set forth in the Caltrans Right -of -Way Manual under Chapter 7 Appraisals — 7.11.00.00 Outdoor Advertising signs and the Exhibit 7 -EX -14 (REV 1/2017) Payment Schedule "A", enclosed as Enclosure 1. Based on this analysis, the City offers to purchase the billboard (the Property, photo enclosed as Enclosure 2), free and clear of any encumbrances to title such as liens, leases, licenses, or any other interests, for TWENTY EIGHT THOUSAND, FIVE HUNDRED FIFTY AND 00/100 DOLLARS$2( 8,550) (Purchase Price). In acquiring the Property, the City would pay all usual fees, charges, and costs that arise out of this transaction, if any. Enclosed as Enclosure 3 is a proposed Settlement Agreement reflecting the terms and conditions of the acquisition of the billboard. If the offer is acceptable, please execute the Settlement Agreement and return it to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. If you are not satisfied with the City's offer, you are encouraged to present documentation you believe to be relevant to the value of the billboard, which will be carefully considered by the City. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in the City's Acquisition Brochure (see Enclosure 4). Packet Pg. 108 Outfront Media Advertising August 30, 2017 Page 2 13.f EXHIBIT tt If the property that retains the billboard is acquired as anticipated, it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. The City has contracted with Property Specialists, Inc. (CPSI) to provide acquisition services. If you need additional information or have any questions, please contact Jeff Wellcome at (949) 299-5305. Sincerely, I-- Zf. Kenneth W. Striplin City Manager KWS:CM:twb SApw\eng-civi\F3020 Canyon Country Comm Ctr\RFP Relocation Services\Acquisitions\OfferLetter_Outfront Media -083017 Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Christina Monde, Associate Engineer Jeff Wellcome, CPSI 6 iu U H Packet Pg. 109 Z August 30, 2017 0 75 John Carroll D Clear Channel Outdoor Q 19320 Harborgate Way Torrance, CA 90501 0 Dear Billboard Owner: co co w Subject: OFFER TO ACQUIRE BILLBOARD LOCATED AT: z 18436 Sierra Highway, Santa Clarita, California — APN: 2844-003-005 w Project Name: Canyon Country Community Center 0 The City of Santa Clarita (City), as part of the proposed Canyon Country Community Center project seeks to acquire the billboard referenced in the subject line of this letter. The City is using the valuation approach as set forth in the Caltrans Right -of -Way Manual under Chapter 7 Appraisals — 7.11.00.00 Outdoor Advertising signs and the Exhibit 7 -EX -14 (REV 1/2017) Payment Schedule "A", enclosed as Enclosure 1. Based on this analysis, the City offers to purchase the billboard (the Property, photo enclosed as Enclosure 2), free and clear of any encumbrances to title such as liens, leases, licenses, or any other interests, for ONE HUNDRED FOURTEEN THOUSAND, TWO HUNDRED NINETY-NINE AND 00/100 DOLLARS ($114,299) (Purchase Price). In acquiring the Property, the City would pay all usual fees, charges, and costs that arise out of this transaction, if any. Enclosed as Enclosure 3 is a proposed Settlement Agreement reflecting the terms and conditions of the acquisition of the billboard. If the offer is acceptable, please execute the Settlement Agreement and return it to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. If you are not satisfied with the City's offer, you are encouraged to present documentation you believe to be relevant to the value of the billboard, which will be carefully considered by the City The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in the City's Acquisition Brochure (see Enclosure 4). AQ ^ Packet Pg. 110 EXHIBIT SANTA CLARITAlu F_ 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 06 Phone: (661) 259-2489 • FAX: (661) 259-8125 O www.santa-clarita.com W Z August 30, 2017 0 75 John Carroll D Clear Channel Outdoor Q 19320 Harborgate Way Torrance, CA 90501 0 Dear Billboard Owner: co co w Subject: OFFER TO ACQUIRE BILLBOARD LOCATED AT: z 18436 Sierra Highway, Santa Clarita, California — APN: 2844-003-005 w Project Name: Canyon Country Community Center 0 The City of Santa Clarita (City), as part of the proposed Canyon Country Community Center project seeks to acquire the billboard referenced in the subject line of this letter. The City is using the valuation approach as set forth in the Caltrans Right -of -Way Manual under Chapter 7 Appraisals — 7.11.00.00 Outdoor Advertising signs and the Exhibit 7 -EX -14 (REV 1/2017) Payment Schedule "A", enclosed as Enclosure 1. Based on this analysis, the City offers to purchase the billboard (the Property, photo enclosed as Enclosure 2), free and clear of any encumbrances to title such as liens, leases, licenses, or any other interests, for ONE HUNDRED FOURTEEN THOUSAND, TWO HUNDRED NINETY-NINE AND 00/100 DOLLARS ($114,299) (Purchase Price). In acquiring the Property, the City would pay all usual fees, charges, and costs that arise out of this transaction, if any. Enclosed as Enclosure 3 is a proposed Settlement Agreement reflecting the terms and conditions of the acquisition of the billboard. If the offer is acceptable, please execute the Settlement Agreement and return it to the City's representative for processing. Upon receipt of all signed documents, the matter will be reviewed by the City Council, which has final ratification authority. If you are not satisfied with the City's offer, you are encouraged to present documentation you believe to be relevant to the value of the billboard, which will be carefully considered by the City The California Relocation Assistance and Real Property Acquisition Guidelines provide that each owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in the City's Acquisition Brochure (see Enclosure 4). AQ ^ Packet Pg. 110 13.f Clear Channel Outdoor EXHIBIT August 30, 2017 Page 2 iu U If the property that retains the billboard is acquired as anticipated, it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the 06 provisions of California Code of Civil Procedure 1263.615. o The City has contracted with Property Specialists, Inc. (CPSI) to provide acquisition services. If you need additional information or have any questions, please contact Jeff Wellcome at (949) 299-5305. Sincerely, Kenneth W. Striplin City Manager KWS:CM:twb SApw\eng-eivi\F3020 Canyon Country Comm Ctr\RFP Relocation Services\Acquisitions\OfferLetter—Cleark Channel 083017 Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Christina Monde, Associate Engineer Jeff Wellcome, CPSI Packet Pg. 111 City of SANTA GLARITA 23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-clarita.com September 7, 2017 Fiorino Caruso Grazia Caruso 28001 Ellis Court Santa Clarita, CA 91350 NOTICE OF HEARING EXHIBIT B CERTIFIED MAIL NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF SANTA CLARITA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA - APN 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT Dear Owner(s): Subject: 18350 Sierra Highway, Santa Clarita, California - APN 2844-005-016 Project Name: Canyon Country Community Center YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita ("City") intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of the above -referenced real property ("Property"). The Property is legally described and depicted on Exhibits "A" and "B" attached hereto and tabled below, which are incorporated herein by this reference. A hearing will be held on September 26, 2017 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter ("Hearing"), at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the Resolution of Necessity is adopted at this meeting, it will authorize the City to acquire the Property by eminent domain for purposes related to the construction and use of the Canyon Country Community Center project (hereinafter, the "Project"). As persons claiming or having an interest in and to the Property, Fiorino Caruso and Grazia Caruso, as Trustees of the Caruso Living Trust, Dated June 4, 1991, are hereby notified that you have the right to appear and be heard on the issues to be considered at that Hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include: ED 0 Packet Pg. 112 Fiorino Caruso Grazia Caruso September 7, 2017 Page 2 Whether the public interest and necessity require the Project; EXH 13.g 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the Property sought to be acquired is necessary for this Project; 4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Property; 5. Whether the City has the statutory authority to acquire the Property by eminent domain; 6. Whether the City has fully complied with the California Environmental Quality Act ("CEQA"); 7. Whether the necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given; and 8. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property, as well as any other matter regarding the right to take said Property by eminent domain. A copy of the proposed Resolution of Necessity will be available within five days of the Hearing date. The amount of the compensation to be paid for the acquisition of the Property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed Hearing will not prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your Property. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed may result in your waiver of the right to appear and be heard on the above matters and issues that are the subject of the Hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed Hearing and that are concerned with the right to take the Property by eminent domain. Packet Pg. 113 Fiorino Caruso Grazia Caruso September 7, 2017 Page 3 13.g EXHIB The City has contracted with Property Specialists, Inc. ("CPSI") to provide acquisition services. If you have any questions regarding this Hearing, the offer, or have additional information regarding the value of your Property, please contact Brett Paulson at (949) 299-5307. Sincerely, - Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing camso-A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Brett Paulson, CPSI Packet Pg. 114 Exhibit A Legal description of Property Real property in the City of Santa Clarita, County of Los Angeles, State of California, described as follows: PARCEL 1: THAT PORTION OF LOT 4 OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 4 WITH THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EASTERLY LINE NORTH 0 DEGREES 04' EAST 198.76 FEET; THENCE SOUTH 49 DEGREES 4708" WEST 87.03 FEET TO THE SOUTHEASTERLY LINE OF SIERRA HIGHWAY, FORMERLY MINT CANYON ROAD, AS DESCRIBED IN DOCUMENT NO. 1513-C REGISTERED UNDER CERTIFICATE NO. 11-76394, RECORDS OF SAID COUNTY; THENCE NORTH 64 DEGREES 52' WEST 50.00 FEET TO THE CENTER LINE OF SIERRA HIGHWAY; THENCE ALONG SAID CENTER LINE, SOUTH 25 DEGREES 08' WEST TO THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21; THENCE NORTH 89 DEGREES 29'30" EAST ALONG SAID PROLONGED NORTHERLY LINE TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON RECORD OF SURVEY MAPS FILED IN BOOK 46 PAGE 26 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF LOT 4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 4 WITH THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EASTERLY LINE, NORTH 00 DEGREES 04' EAST 402.76 FEET TO THE CENTER LINE OF SIERRA HIGHWAY, FORMERLY MINT CANYON ROAD, AS DESCRIBED IN DOCUMENT NO. 1513-C, AND REGISTERED UNDER CERTIFICATE NO. I I - 76394 OF TORRENS, RECORDS OF SAID COUNTY, AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE, SOUTH 25 DEGREES 08' WEST 263.90 FEET; THENCE SOUTH 64 DEGREES 52' EAST 50 FEET TO THE SOUTHEASTERLY LINE OF SAID SIERRA HIGHWAY; THENCE NORTH 49 DEGREES 47' 08' EAST 87.03 FEET TO SAID EASTERLY LINE OF LOT 4; THENCE ALONG SAID EASTERLY LINE, NORTH 00 DEGREES 04' EAST 204 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM, THAT PORTION INCLUDED WITHIN THE LINES OF SAID SIERRA HIGHWAY. ALSO EXCEPT THEREFROM, THAT PORTION LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 6 AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 46 PAGE 26 OF RECORD OF SURVEYS OF SAID COUNTY. EXCEPT AS TO PARCEL 2 ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, Order Number: 5008414 Page Number: 7 First American Title Page 7 of 16 NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, KNOWN, THAT MAY BE WITHIN OR UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT EVER TO DRILL, DIG OR MINE THROUGH THE SURFACE OF SAID LAND THEREFOR, OR OTHERWISE DEVELOP SAME IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY ON LANDS HEREIN AS RESERVED BY ROY G. INSLEY IN DEED REGISTERED ON DECEMBER 26, 1952 AS DOCUMENT NO. 23421-U, CERTIFICATE NO. 1AZ-116754 AND IN OTHER DOCUMENTS OF RECORD. APN: 2844-005-016 13.g EXHIBIT B Packet Pg. 115 Jim b� E U f1f15 Exhibit B Depiction of Property w b� E U f1f15 Exhibit B Depiction of Property w X \\'a\\136H13 IV Hz11 1 1211 z 44yf ®� i � LU� I z-� iCm notice of public Caruso -B IVA i a 13.g EXH A3 lY .2044-L V J -U 1. b i Packet Pg. 116 ............r Imo: ............... i--- ----- a. 2 •s fir`;______ i~ CO X \\'a\\136H13 IV Hz11 1 1211 z 44yf ®� i � LU� I z-� iCm notice of public Caruso -B IVA i a 13.g EXH A3 lY .2044-L V J -U 1. b i Packet Pg. 116 13.g EXH Date of Mailing: September 7, 2017 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. Packet Pg. 117 REQUEST TO BE HEARD ON HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — APN 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT September 26, 2017 REQUEST TO APPEAR AND BE HEARD Name: Telephone: Address: Date: Signature: Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 13.g EXH Packet Pg. 118 DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL I, the undersigned, declare as follows: I am over the age of 18 and not a party to the above -entitled action. My business address is 23920 Valencia Boulevard, Santa Clarita, California 91355. On September 7, 2017, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at 24355 Creekside Road, Santa Clarita, California 91355 and addressed respectively, as follows: Fiorino Caruso Grazia Caruso 28001 Ellis Court Santa Clarita, CA 91350 I am familiar with the Post Office's practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above to would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices. I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct. 0,&�Cm_,gYmon Signature EXH 13.g Packet Pg. 119 City of SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www. sa n to-clari ta. co m September 7, 2017 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta 18307 Sierra Highway, Suite 107 Santa Clarita, CA 91351 NOTICE OF HEARIN EXHIBIT CERTIFIED MAIL NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF SANTA CLARITA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT OVER PORTIONS OF THE PROPERTY LOCATED AT 18300 SIERRA HIGHWAY SANTA CLARITA CALIFONIA - APN 2844-005-039 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT Dear Owner(s): Subject: 18300 Sierra Highway, Santa Clarita, California - APN 2844-005-039 Project Name: Canyon Country Community Center YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita ("City") intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of a Permanent Easement and a Temporary Construction Easement (collectively referred to herein as the "Interests"), which are further described as follows. i. Permanent Easement: a 771 sq. ft. permanent exclusive easement for public road, utilities and highway purposes including but not limited to the use of the easement by easement holder and its officers, employees, agents, contractors and subcontractors, for demolition, clearance, grading, utility relocation and construction of street improvements or other necessary uses, in connection with the Canyon Country Community Center project ("Project"), over, in, , on, upon, through, within, under, and across that certain real property as described and depicted in Exhibit "1" which is attached hereto and incorporated herein ("Easement Area") along with the right to improve, maintain, and use the surface of said Easement Area for Public Roadway and Sidewalk purposes; and ii. Temporary Construction Easement: a 1,280 sq. ft. temporary construction easement for the purposes of facilitating construction activities, including the right to place equipment and vehicles, pile earth thereon, and utilize said temporary construction easement area Packet Pg. 120 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta September 7, 2017 Page 2 13.g EXH for all other related activities and purposes in, on, over, under, through, along and across that certain real property described and depicted in Exhibit "2" which is attached hereto and incorporated herein ("TCE"). Said TCE shall commence thirty (30) days after written notice by easement holder of commencement of construction ("Commencement Notification") and shall automatically terminate thirty (30) days after easement holder provides written notice to underlying fee owner of termination of the TCE, or three (3) year after the Commencement Notification, whichever occurs first (hereinafter, the "TCE Term"). Easement holder shall have the unilateral right to extend the TCE Term as necessary for completion of construction of the facilities necessary for the Project; however, under no circumstances shall the duration of the TCE Term be extended beyond December 31, 2020. Easement holder must provide underlying fee owner with the written notice of its intent to extend the TCE Term as well as the amount due for the time the TCE is to be extended, at least ten (10) days prior to the expiration of the current term. The rate for the extended use of the Temporary Construction Easement beyond the initial TCE Term shall be $267 for each month the extension term is exercised. A hearing will be held on September 26, 2017 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter ("Hearing"), at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the Resolution of Necessity is adopted at this meeting, it will authorize the City to acquire the Interests by eminent domain for purposes related to the construction and use of the Project. As persons claiming or having an interest in and to the Interests, Cono Terranova and Angelina Caruso Terranova, as Trustees of the Terranova Family Trust dated June 1, 2007 as to an undivided 80 percent interest and Carl Nicchitta and Maria Nicchitta, husband and wife as joint tenants as to an undivided 20 percent interest, are hereby notified that you have the right to appear and be heard on the issues to be considered at that Hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include: 1. Whether the public interest and necessity require the Project; 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the Interests sought to be acquired is necessary for this Project; 4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Interests; 5. Whether the City has the statutory authority to acquire the Interests by eminent domain; 6. Whether the City has fully complied with the California Environmental Quality Act ("CEQA"); 7. Whether the necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given; and Packet Pg. 121 Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta September 7, 2017 Page 3 13.g EX 8. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Interests, as well as any other matter regarding the right to take said Interests by eminent domain. A copy of the proposed Resolution of Necessity will be available within five days of the Public Hearing. The amount of the compensation to be paid for the acquisition of the Interests is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed Hearing will not prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for the Interests. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed may result in your waiver of the right to appear and be heard on the above matters and issues that are the subject of the Hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed Hearing and that are concerned with the right to take the Interests by eminent domain. The City has contracted with Property Specialists, Inc. ("CPSI") to provide acquisition services. If you have any questions regarding this Hearing, the offer, or have additional information regarding the value of the Interests, please contact Brett Paulson at (949) 299-5307. Sincerely, Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing terranova-A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Brett Paulson, CPSI Packet Pg. 122 Exhibit 1 Legal description of Interests for Permanent Easement Sheet 1 of 1 EXHIBIT "A" Legal Description 2844-005-039 R.O.W. That portion of the North half of the Southeast Quarter of the Northeast Quarter of Section21, Township 4 North, Range 15 West, San Bernardino Meridian, according to the official Plat of the survey of said land file in the Bureau of Land Management, described as follows: BEGINNING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County, said point being the POINT OF BEGINNING; thence along said Southeasterly sideline, North 25'03'38" East, 98.43 feet to the North line of the lands described in said deed recorded April 13, 2016 as Instrument No. 2016-0413325; thence along last said North line, North 89'25'03" East, 8.87 feet to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway; thence leaving said North line, South 25°03'38" West, 96.43 feet on a course parallel with and 8.00 feet Southeasterly from said Southeasterly sideline to said South line; thence along said South line South 89'25'03" West, 8.87 feet to the POINT OF BEGINNING. Contains 709 Square Feet. more or less. Prepared b me der m direction f��� p Y � Y rIVLS.76M yF ' PRELIMINARY DateAprL11 16,-2017 111 Danny T. Davis, P.L.S. No. 7586 13.g EXHIBIT B Packet Pg. 123 Exhibit I Depiction of Interests for Permanent Easement t �... 410 �>URF C'% ¢ :go GRAPHIC SCALE 8P o' 16 3o E- ( 1N FEET ) 1 inch = 30 fl 90 LEGEND SURVEY OE`,M° P :POWER � APN 2844-005-039MH F : FENCE �« CONCRETE ECSO'-�;�~ El 771 sq ft. R.O.W. SL = STREET LIGHT PL = PROPERTY LIN£ WV = WATER VALVE RD = ROOF GRAIN 13.g EXH Packet Pg. 124 Exhibit 2 Legal description of Interests for Temporary Construction Easement Sheet 1 of 2 EXHIBIT "A" Legal Description 2844-005-039 T.C.E. That portion of the North half of the Southeast Quarter of the Northeast Quarter of Section21, Township 4 North, Runge 15 West, San Bernardino Meridian, according to the official Plat of the survey of said land file in the Bureau of Land Management, described as follows: 91:iy:111M COMMENCING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County, thence along said South line, North 89'25'03" East, 8.87 feet to a point on a line parallel with and distant South.eosterly 8.00 feet, measured at right angles from said Southedst:erly sideline of Sierra Highway, said point being the TRUE POINT OF BEGINNING; thence continuing along last course North 89'25'03" East, 22.69 feet; thence leaving said South line North 25'37'55" East, 5.10 feet; thence South 89'24'16" West, 22.75 to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway; thence South 25'03'38" West, 5.07 feet on a course parallel with and 8.00 feet Southeasterly from said Southeasterly sideline to the TRUE POINT OF BEGINNING. Contains 104 Square Feet. more or less. Parcel 2 COMMENCING at the intersection of the South line of the lands described in deed recorded April 13, 2016 as Instrument No. 2016-0413325 with the Southeasterly sideline of Sierra Highway, 100 feet wide, as described in Document No. 1513—C registered under Certificate No. 11-76394, Records of said County; 13.g EX Packet Pg. 125 Exhibit 2 Legal description of Interests for Temporary Construction Easement Sheet 2 of 2 EXHIBIT "A" Legal Description (CONTINUED) 2844-005-039 T.C.E. thence along said South line, North 89'25'03" East, 8.87 feet to a point on a line parallel with and distant Southeasterly 8.00 feet, measured at right angles from said Southeasterly sideline of Sierra Highway; thence leaving said South line North 25'03'38" East, 44.39 feet on a course parallel with and 8.00 feet Southeasterly from said Southeasterly sideline to the TRUE POINT OF BEGINNING; thence continuing along last said parallel course, North 25'03'38" East, 52.04 feet to the North line of the lands described in said deed recorded April 13, 2016 as Instrument No. 2016-0413325; thence along said North line, North 89'25'03" East, 42.22 feet; thence leaving said North line South 24'00'37" West, 4.43 feet; thence South 89'25'03" West, 18.60 feet; thence South 2537'55" West, 48.40 feet; thence South 90'00'00" West, 23.07 feet to the TRUE POINT OF BEGINNING. Contains 1,178 Square Feet. more or less. Prepared by me orufl4er my direction PRELIMINARY Date Aril 16= 2017 Danny T. Davis, P.L.S. No. 7586 13.g EXHIBIT �a LAND SU r?K * L.S.7566 � CALF Packet Pg. 126 Exhibit 2 Depiction of Interests for Temporary Construction Easement ��•�`` GRAPHIC SCALE _ 30 01 16 30 ( IN FEET ) \ . _ 1 inch = 3011. ��� R o r$ 3 C $o -_�•� cov. Lora _ m C I D _ I i o om Q N d . oA 00 rnm � I i w ti o N yy OD ! K C I D I pr fj I Nr I n I o� � k 7 I wl PO I I LEGEND AC - ASPHALT CONCRETE PP : POKE POLE MH MANHOLE CF CHAIN LINK FENCE CONC CONCRETE R -W- RICHT-OF-WAY EC= EMX CONCRETE SL STREET LIGHT PL FRDPEnTY UNE WV= WATER VALVE RO = ROOF DRAIN notice of hearing terranova-B SURVEY OFT.^ APN 2844-005-039 1,1;791 1 0 1282 sq ft. T.C.E. 4JI 13.g EXHIBITB Packet Pg. 127 Date of Mailing: September 7, 2017 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. Packet Pg. 128 REQUEST TO BE HEARD ON HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF INTERSTS LOCATED AT, 18300 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — APN 2844-005-039 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT September 26, 2017 REQUEST TO APPEAR AND BE HEARD Name: Telephone: Address: Date: Signature: Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 Packet Pg. 129 13.g EXHIBIT B DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL I, the undersigned, declare as follows: I am over the age of 18 and not a party to the above -entitled action. My business address is 23920 Valencia Boulevard, Santa Clarita, California 91355. On September 7, 2017, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at 24355 Creekside Road, Santa Clarita, California 91355 and addressed respectively, as follows: Cono Terranova Angelina Caruso Terranova Carl and Maria Nicchitta 18307 Sierra Highway, Suite 107 Santa Clarita, CA 91351 I am familiar with the Post Office's practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above to would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices. I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct. Packet Pg. 130 City of SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-clarita.com September 7, 2017 Santa Clarita Pizza Properties, LLC 1851 Lombard Street, Suite 200 Oxnard, CA 93030 NOTICE OF HEARING EXHIBIT B CERTIFIED MAIL NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF SANTA CLARITA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT OVER PORTIONS OF THE PROPERTY LOCATED AT 18417 SOLEDAD CANYON ROAD SANTA CLARITA CALIFORNIA — APN 2844-003-006 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT Dear Owner(s): Subject: 18417 Soledad Canyon Road, Santa Clarita, California — APN 2844-003-006 Project Name: Canyon Country Community Center YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita ("City") intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of a Permanent Easement and Temporary Construction Easement (collectively referred to herein as the "Interests"), which are further described as follows: i. Permanent Easement: a 1,384 sq. ft. permanent exclusive easement for public road, utilities and highway purposes including but not limited to the use of the easement by easement holder and its officers, employees, agents, contractors and subcontractors, for demolition, clearance, grading, utility relocation and construction of street improvements or other necessary uses, in connection with the Canyon Country Community Center project ("Project"), over, in, , on, upon, through, within, under, and across that certain real property as described and depicted in Exhibit "1" which is attached hereto and incorporated herein ("Easement Area") along with the right to improve, maintain, and use the surface of said Easement Area for surface for Public Roadway and Sidewalk purposes; and ii. Temporary Construction Easement: a 5,158 sq. ft. temporary construction easement for the purposes of facilitating construction activities, including the right to place equipment and vehicles, pile earth thereon, and utilize said temporary construction easement area Packet Pg. 131 Santa Clarita Pizza Properties, LLC September 7, 2017 Page 2 13.g EXHIBIT B for all other related activities and purposes in, on, over, under, through, along and across that certain real property described depicted in Exhibit "2" which is attached hereto and incorporated herein ("TCE"). Said TCE shall commence thirty (30) days after written notice by the City of commencement of construction ("Commencement Notification") and shall automatically terminate thirty (30) days after the City provides written notice to Grantor of termination of the TCE, or three (3) year after the Commencement Notification, whichever occurs first (hereinafter, the "TCE Term"). Easement holder shall have the unilateral right to extend the TCE Term as necessary for completion of construction of the facilities necessary for the Project; however, under no circumstances shall the duration of the TCE Term be extended beyond December 31, 2021. Easement holder must provide underlying fee owner with the written notice of its intent to extend the TCE Term as well as the amount due for the time the TCE is to be extended, at least ten (10) days prior to the expiration of the current term. The rate for the extended use of the Temporary Construction Easement beyond the initial TCE Term shall be $1,500 for each month the extension term is exercised. A hearing will be held on September 26, 2017 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter ("Hearing"), at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the Resolution of Necessity is adopted at this meeting, it will authorize the City to acquire the Interests by eminent domain for purposes related to the construction and use of the Project. As the person claiming or having an interest in and to the Interests, you on behalf of Santa Clarita Pizza Properties, LLC, a California Limited Liability Company, are hereby notified that you have the right to appear and be heard on the issues to be considered at the Hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include: 1. Whether the public interest and necessity require the Project; 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the Interests sought to be acquired is necessary for this Project; 4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Interests; 5. Whether the City has the statutory authority to acquire the Interests by eminent domain; 6. Whether the City has fully complied with the California Environmental Quality Act ("CEQA"); 7. Whether the necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given; and Packet Pg. 132 Sincerely, Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing scpp-A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Brett Paulson, CPSI Packet Pg. 133 13.g Santa Clarita Pizza Properties, LLC EXHIBIT B September 7, 2017 Page 3 0 W 8. Whether the City has complied with all conditions and statutory requirements necessary z to exercise the power of eminent domain to acquire the Interests, as well as any other matter regarding the right to take said Interests by eminent domain. y A copy of the proposed Resolution of Necessity will be available within five days of the Public cY Q Hearing. 0 The amount of the compensation to be paid for the acquisition of the Interests is not a matter or U - issue being heard by the City Council at this time. Your nonappearance at this noticed Hearing CO will not prevent you from claiming greater compensation, as may be determined by a court of 0 law in accordance with the laws of the State of California. This Notice is not intended to LU z foreclose future negotiations between you and the representatives of the City on the amount of 0 compensation to be paid for the Interests. z 0 If you desire to be heard, please be advised that a written request must be actually received by -J the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears y at the end of this Notice. A failure to file a written request to appear and be heard within fifteen LU (15) days after the Notice was mailed may result in your waiver of the right to appear and be a heard on the above matters and issues that are the subject of the Hearing. If you elect not to 0 0 appear and not to be heard, you will only be foreclosed from raising in a court of law the issues Q that are the subject of this noticed Hearing and that are concerned with the right to take the N Interests by eminent domain. M The City has contracted with Property Specialists, Inc. ("CPSI") to provide acquisition services. LU If you have any questions regarding this Hearing, the offer, or have additional information 0 regarding the value of the Interests, please contact Brett Paulson at (949) 299-5307. a Sincerely, Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing scpp-A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Brett Paulson, CPSI Packet Pg. 133 Exhibit 1 Legal description of Interests for Permanent Easement Sheet 1 of 1 EXHIBIT "A" Legal Description 2844-003-006 R.O.W.. That portion of Lot 4 of the Northeast Quarter of Section 21, Township 4 North, Range 15 West, San Bernardino Meridian, County of Los Angeles, State of California, according to the Official Plat of said Land, described as follows: COMMENCING at the Southwest corner of said Lot 4; thence along the center line of Soledad Canyon Road, 60 feet wide, as per Book 6689 Page 34, also being the Southerly Line of said Northeast Quarter, North 89'16'31" East, 163.08 feet to the TRUE POINT OF BEGINNING; thence leaving said center line, North 07'37'31" East, 79.09 feet to a point, said point being the intersection of the Easterly line of the lands described in deed recorded May 05, 1992 as Instrument No. 92-803248 with a curve concave to the south, having a radius of 4,460 feet, concentric with and distant Northerly 60.00 feet from the centerline of Soledod Canyon Road as per Tract No_ 42594, M.B. 1048, Page 2, a radial line through said point bears North 0'52'37" East; thence leaving said Easterly line and continuing Easterly along said concentric curve, on orc distance of 129.60 feet, through a central angle of 1'39'54"; thence South 87'27'29" East, 14.61 feet to a point on a line parallel with and distant Northerly 60.00 feet from the centerline of Soledad Canyon Road as per said Tract No. 42504; thence leaving said parallel line South 88'35'26" East, 49.53 feet to the East line of the lands described in deed recorded May 22, 2013 as Instrument No. 2013-0767303; thence along last said East line, South 00'00'58" East, 70.08 feet to the Southerly Line of said Northeast Quarter; thence along last said Southerly line South 89'16'31" West, 204.18 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion thereof which lies within public roads of record as some existed on April 16, 2017. Contains 1,384 Square Feet. more or less. �AN� Prepared by me a er my direction * LS.758A PRELIMINARY Date April 16, 201 COP. Danny T. Davis, P.L.S. No. 7586 13.g EX Packet Pg. 134 Exhibit I Depiction of Interests for Permanent Easement GRAPHIC SCALE ( IN FEET) ; 1 inch = W fl. , L 1 Apo , 1 2844-003-006 ti RESP Av ,� g K � GUPB LEGEND SURVEY OE.1im- '' AC PP POWERP APN 2844-003-006 1*T ar�� LAM Me, _ CONCRETEMH MANHOU CLF CHAN" i 00 ='"�; a Y D 1384 sq ft. R.O.W. . WY = GUY VIRE PL PRWOM LIME T.E. TRASH ENCLOW LIR FREE WELL 13.g EXH Packet Pg. 135 Exhibit 2 Legal description of Interests for Temporary Construction 13.g Easement EXHIBIT "A" Sheet 1 of 1 Legal Description co 2844-003-006 T.C.E. EXHIBIT o That portion of Lot 4 of the Northeast Quarter of Section 21, Township- 4 North, Range 15 West, Son Bernardino Meridian, County of Los Angeles, State of California, according to the Official Plat of said Land, described as follows: COMMENCING at the Southwest corner of said Lot 4; thence along the center line of Soledad Canyon Road, 60 feet wide, as per Book 6689 Page 34, also being the Southerly Line of said Northeast Quarter, North 89'16'31" East, 163.08 feet; thence leaving said center line, North 07'37' 31" East, 79.09 feet to THE TRUE POINT OF BEGINNING, said point beingthe intersection of the Easterly line of the lands described in deed recorded May 05, 1992 as Instrument No. 92--803248 with ❑ curve concave to the south, having a radius of 4,460 feet, concentric with and distant Northerly 60.00 feet from the centerline of Soledad Canyon Road as per Tract No. 42504, M.B. 1048, Page 2, a radial line through said point bears North 0'52'37" East; thence leaving said Easterly line and continuing Easterly along said concentric curve, an arc distance of 129.60 feet, through a central angle of 1'39'54"; thence South 87'27'29" East, 14.61 feet to a point on a line parallel with and distant Northerly 60.00 feet from the centerline of Soledad Canyon Road as per said Tract No. 42504; thence leaving said parallel line South 88'35'26" East, 49.53 feet to the East line of the lands described in deed recorded May 22, 2013 as Instrument No. 2013-0767303; thence along last said East line, North 00'00'58" West, 24.76 feet; thence leaving lost said East line, North 88'35'26" West, 28.77 feet; thence South 02'14'22" West, 12.73 feet; thence North 87'51' 38 West, 93.81 feet; thence North 01'47'42" East, 36.53 feet; thenceNorth 88'35'26" West, 65.29 feet to the Easterly line of the lands described in said deed recorded May 05, 1992 as Instrument No. 92-803248; thence South 07'37`31" West along last said Easterly line, 49.07 feet to the TRUE POINT OF BEGINNING. Except therefrom, any portion lying within the perimeter of the existing building. I -M Contains 5,158 Square Feet. more or less. Pr my direction PRELIMINARY Danny T. Davis, P.L.S. No. 7586 * L8.75e6 ) * Date April 16_2017 Packet Pg. 136 Exhibit 2 Depiction of Interests for Temporary Construction Easement 1 GRAPHIC SCALE \ ,01 1 1 (1N FEET) 1 1 inch = W It 1 1 1 \ 8 1 , 1 - \ 2844-003-006 1 6NS CONSZ EPSEM '`,' 1 t i - IW c!� 6151\No RE GVRR EUS a6 � O � o GAN EZ � � P LEGEND ERE SURVEY OF �^ H = µ,Vi APN 2844-003-006 fT"fi CLF . OIAIXURK MCE 1-6�M: # V OCRC = CONCRETE R -W = RCHT-CF-NAY CO = CIEM OUT rWiY GUY �PRRCPEWm�i�Lurf 1:1 5158 sq ft T.C.E.. 0 = BUBOAM T. TRA58 04CLOSM T.YL . TREE WELL notice of hearing scpp-B 13.g EXHIBIT B Packet Pg. 137 13.g EXHIBIT B Date of Mailing: September 7, 2017 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. Packet Pg. 138 REQUEST TO BE HEARD ON HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF INTERSTS LOCATED AT, 18417 SOLEDAD CANYON ROAD, SANTA CLARITA, CALIFORNIA — APN 2844-003-006 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT September 26, 2017 REQUEST TO APPEAR AND BE HEARD Name: Telephone: Address: Date: Signature: Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 13.g EXHIBIT B Packet Pg. 139 13.g EXHIBIT B DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL I, the undersigned, declare as follows: I am over the age of 18 and not a party to the above -entitled action. My business address is 23920 Valencia Boulevard, Santa Clarita, California 91355. On September 7, 2017, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at 24355 Creekside Road, Santa Clarita, California 91355 and addressed respectively, as follows: Santa Clarita Pizza Properties, LLC 1851 Lombard Street, Suite 200 Oxnard, CA 93030 I am familiar with the Post Office's practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above to would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices. I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct. Packet Pg. 140 City of SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 September 7, 2017 Steve Amar Outfront Media Advertising 1731 Workman Street Los Angeles, CA 90031 www.santa-clarita.com NOTICE OF HEARING EXHIBIT CERTIFIED MAIL NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF SANTA CLARITA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF BILLBOARD LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA - APN 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT Dear Owner(s): Subject: 18350 Sierra Highway, Santa Clarita, California - APN 2844-005-016 Project Name: Canyon Country Community Center YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita ("City") intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the billboard located on the above -referenced property (the `Billboard"). The Billboard is described and depicted on Exhibits "A" and `B" attached hereto and tabled below, and is incorporated herein by this reference. A hearing will be held on September 26, 2017 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter ("Hearing"), at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the Resolution of Necessity is adopted at this meeting, it will authorize the City to acquire the Billboard by eminent domain for purposes related to the construction and use of the Canyon Country Community Center project (hereinafter, the "Project"). As the person claiming or having an interest in and to the Billboard, you on behalf of Outfront Media Advertising are hereby notified that you have the right to appear and be heard on the issues to be considered at the Hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include: Packet Pg. 141 Steve Amar September 7, 2017 Page 2 1. Whether the public interest and necessity require the Project; 13.g EXHI 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the Billboard sought to be acquired is necessary for this Project; 4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Billboard; 5. Whether the City has the statutory authority to acquire the Billboard by eminent domain; 6. Whether the City has fully complied with the California Environmental Quality Act ("CEQA"); 7. Whether the necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given; and 8. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Billboard, as well as any other matter regarding the right to take said Billboard by eminent domain. A copy of the proposed Resolution of Necessity will be available within five days of the Hearing date. The amount of the compensation to be paid for the acquisition of the Billboard is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed Hearing will not prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for the Billboard. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed may result in your waiver of the right to appear and be heard on the above matters and issues that are the subject of the Hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed Hearing and that are concerned with the right to take the Billboard by eminent domain. Packet Pg. 142 Steve Amar September 7, 2017 Page 3 13.g EXHI The City has contracted with Property Specialists, Inc. ("CPSI") to coordinate the appraisal process and provide acquisition services. If you have any questions regarding this Hearing, the offer, or have additional information regarding the value of the Billboard, please contact Jeff Wellcome of CPSI at (949) 299-5305. Sincerely, 1 Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing outfront-A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Jeff Wellcome, CPSI Packet Pg. 143 Exhibit A Legal description of Property Outfront Media Advertising. Billboard Faces #7036 and #7037 Located at 18350 Sierra Highway, Santa Clarita California On Assessor's Parcel Number 2844-005-016 Packet Pg. 144 Exhibit B Depiction of Property notice of hearing outfront-B 13.g EXHIBIT B Packet Pg. 145 13.g EXHIBI B Date of Mailing: September 7, 2017 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. Packet Pg. 146 REQUEST TO BE HEARD ON HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF BILLBOARD LOCATED AT, 18350 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA - APN 2844-005-016 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT September 26, 2017 REQUEST TO APPEAR AND BE HEARD Name: Telephone: Address: Date: Signature: Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 13.g EX Packet Pg. 147 13.g EXHI DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL I, the undersigned, declare as follows: I am over the age of 18 and not a party to the above -entitled action. My business address is 23920 Valencia Boulevard, Santa Clarita, California 91355. On September 7, 2017, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at 24355 Creekside Road, Santa Clarita, California 91355 and addressed respectively, as follows: Steve Amar Outfront Media Advertising 1731 Workman Street Los Angeles, CA 90031 I am familiar with the Post Office's practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above to would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices. I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct. �&� r e N4&A�L_ Signature Exhibit A Legal description of Property Packet Pg. 148 City of EXHIBIT B SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-clatita.com September 7, 2017 CERTIFIED MAIL John Carroll Clear Channel Outdoor 19320 Harborgate Way Torrance, CA 90501 NOTICE OF HEARING NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF SANTA CLARITA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF BILLBOARD LOCATED AT 18436 SIERRA HIGHWAY SANTA CLARITA, CALIFORNIA -- APN 2844-003-005 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT Dear Owner(s): Subject: 18436 Sierra Highway, Santa Clarita, California- APN 2844-003-005 Project Name: Canyon Country Community Center YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council of the City of Santa Clarita ("City") intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the billboard located on the above -referenced property (the `Billboard"). The Billboard is described and depicted on Exhibits "A" and `B" attached hereto and tabled below, which are incorporated herein by this reference. A hearing will be held on September 26, 2017 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter ("Hearing"), at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the Resolution of Necessity is adopted at this meeting, it will authorize the City to acquire the Billboard by eminent domain for purposes related to the construction and use of the Canyon Country Community Center project (hereinafter, the "Project"). As the person claiming or having an interest in and to the Billboard, you on behalf of Clear Channel Outdoor, are hereby notified that you have the right to appear and be heard on the issues to be considered at that Hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include: e 0 1 Packet Pg. 149 John Carroll September 7, 2017 Page 2 Whether the public interest and necessity require the Project; 13.g EXHIBIT B 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the Billboard sought to be acquired is necessary for this Project; 4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Billboard; 5. Whether the City has the statutory authority to acquire the Billboard by eminent domain; 6. Whether the City has fully complied with the California Environmental Quality Act ("CEQA"); 7. Whether the necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235, was given; and 8. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Billboard, as well as any other matter regarding the right to take said Billboard by eminent domain. A copy of the proposed Resolution of Necessity will be made available within five days of the Hearing date. The amount of the compensation to be paid for the acquisition of the Billboard is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed Hearing will not prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for the Billboard. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed may result in your waiver of the right to appear and be heard on the above matters and issues that are the subject of the Hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed Hearing and that are concerned with the right to take the Billboard by eminent domain. Packet Pg. 150 John Carroll September 7, 2017 Page 3 13.g EXH I The City has contracted with Property Specialists, Inc. ("CPSI") to coordinate the appraisal process and provide acquisition services. If you have any questions regarding this Hearing, the offer, or have additional information regarding the value of the Billboard, please contact Jeff Wellcome of CPSI at (949) 299-5305. Sincerely, Kenneth W. Striplin City Manager KWS:WW:twb s/pw/eng-civi/F3020 Canyon Country Comm Ctr/RFP Relocation Services/Public Notice/notice of hearing clear channel -A Enclosures cc: Robert G. Newman, Director of Public Works Damon Letz, Assistant City Engineer Wayne Weber, Parks Planning Manager Christina Monde, Associate Engineer Jeff Wellcome, CPSI Packet Pg. 151 Exhibit A Legal description of Property Clear Channel Outdoor Holdings, Inc. Billboard Faces #1417 and #5070 Located at 18436 Sierra Highway, Santa Clarita California On Assessor's Parcel Number 2844-003-005 13.g EXHI Packet Pg. 152 Exhibit B Depiction of Property notice of hearing clear channel -B 13.g EX Packet Pg. 153 Date of Mailing: September 7, 2017 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. EXHJ13.g Packet Pg. 154 REQUEST TO BE HEARD ON HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF BILLBOARD LOCATED AT, 18436 SIERRA HIGHWAY, SANTA CLARITA, CALIFORNIA — APN 2844-003-005 FOR PURPOSES RELATED TO THE CANYON COUNTRY COMMUNITY CENTER PROJECT September 26, 2017 REQUEST TO APPEAR AND BE HEARD Name: Telephone: Address: Date: Signature: Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 13.g EX Packet Pg. 155 DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL I, the undersigned, declare as follows: I am over the age of 18 and not a party to the above -entitled action. My business address is 23920 Valencia Boulevard, Santa Clarita, California 91355. On September 7, 2017, I served true copies of the foregoing Notice of Hearing on each of the following named persons by placing for deposit, by certified mail return receipt requested, in the United States Postal Service sealed envelopes containing the same on said date at the United States Post Office located at 24355 Creekside Road, Santa Clarita, California 91355 and addressed respectively, as follows: John Carroll Clear Channel Outdoor 19320 Harborgate Way Torrance, CA 90501 I am familiar with the Post Office's practice for collecting and processing of correspondence for mailing at said address. The correspondence referenced above to would be deposited in the United States Postal Service that same day in the ordinary course of business; and said envelopes were sealed and placed for collection and mailing on the date following ordinary business practices. I declare under penalty of perjury, under laws of the State of California that the foregoing is true and correct. i1y► / i Irl. 13.g EXHIBI B Packet Pg. 156