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Home My WebLink About2017-09-26 - RESOLUTIONS - 18300 SIERRA HWY CANYON COUNTRY COMMUNITY CENTER P (2)RESOLUTION NO. 17-88 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 are a 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, 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 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 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) years after 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 intention to acquire the Interests 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 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, 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. 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 26th day of September, 2017. MAYOR ATTEST: 1 G CITY CLERK DATE: i n O 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 No. 17-88 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of September, 2017, by the following vote: AYES: COUNCILMEMBERS: Weste, Miranda, Kellar, McLean, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Exhibit I 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 8925'03" 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. 1 -AND 41 Prepared by me der my direction s * Ls:iaee PRELIMINARY Date April 16,-20,17 CP CA1�� Danny T. Davis, P.L.S. No. 7586 Exhibit I Depiction of Interests for Permanent Easement GRAPHIC SCALE �• 3p 0' 16 30 -� �►� ( iN FEET ) C`_ �Y+ I inch = 30 ft. _=�5 __u — vl nor a ----- ` \ h 90 I � _ m D L F I _ I I I I wm I Cc) I CD � I f o E A I ' I z l � I I I I r LEGEND SURVEY OF LAM "C -" ""LTC°N APN 2844-005-03, `l Pp .. POWN POLE HR MANHOLE * L8.7595 yt OWC _ HAIN CONCRETE UNK FENCE y� REC—W�-RIr�T-OFWAAY El 771 sq ft. R.O.W. Y - CRETE STREET LI PL PL - PROPERTYLINE WV - WATER VALVE RU = ROOF DRAIN 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 89'2503" 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, 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. 2016-04.13325 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, 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 25'37'55" 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. - vAND Prepared by me or r my direction 1. a4y� J 7� PRELIMINARY * �' _--__ Date Aril 16, 2017 CA4� F Danny T. Davis, P.L.S. No. 7586 Exhibit 2 Depiction of Interests for Temporary Construction Easement � �►.� GRAPHIC SCALE ►►► 30 a' 110 00 60 `�^— O ►►►►. ( IN FEET ) (,�'`� �" ►� 1 inch — "^ ..Nom ----- - E. VN v_LOT a SURVEY OF _ A P N 2844-005-039 MH MANHOLE CLF CHAIN LINK MCE r l c41?e SEER ! - Fps Rq •�,\ �� Rf 0 1282 sq ft. T. C, E. �, CURB @ 90 I ru 2 fir,. ►. - _ 2m tir ZZ O s� Oo 41.4 i _ N O S 1 O Y I m I — (A I � I � m 1 _A I z � D I � I I � I O 1 � I I 1 LEGEND SURVEY OF Fp _ ASPMALT CflNCREI£ A P N 2844-005-039 MH MANHOLE CLF CHAIN LINK MCE COK — Co ft—W- RIPMC —WAY EC a EOCE OONCREIE 5L STREET MMT FL FROmry UNE 0 1282 sq ft. T. C, E. wv WATM VALVE RD a ROOF DRAIN