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Home My WebLink About2017-09-26 - RESOLUTIONS - 18417 SOLEDAD CYN RD CANYON COUNTRY COMMUNITY CENT (2)RESOLUTION NO. 17-89 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 are a Permanent Easement and Temporary Construction Easement (collectively referred to herein as the Interests), which are further described as follows: 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 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 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) years 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 $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 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. EMMA," INA �• ATTEST: CITY CLERK V 4n 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 foregoing Resolution No. 17-89 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: Miranda, Weste, McLean, Kellar, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK 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 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 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 lost said Southerly line South 89'16'31" West; 204.1.8 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion thereof which lies within public roads of record as same existed on April 16, 2017. Contains 1,384 Square Feet. more or less.4G Prepared by me ❑ er my direction $ * LAM PRELIMINARY `� g ___ _. _ Date April 16, 201 Danny T. Davis, P.L.S. No. 7586 Exhibit I Depiction of Interests for Permanent Easement \ 1 GRAPHIC SCALE ► x a' is 30 so ► ( IN FEED) 1 1 1 inch = 30 fl, ► 1 \ $ 11 1 _ 1 1 1 1 1 2844-003-006 i �a RES L ►� 71 � P►•Y' � 'ate- .,. �p,�K �F w LEGEND SURVEY OF M i� APN 2844-003-006 CLF C MHLW MICE LSTM CONCR-w co -MOW-OF-WAYNO rJw aour El 1384 sq ft. R.O.W. GUY PL - T n WY WRE a PROPERTY UWE A�' GIL1 BB r BlUBOARD T.E. . TRASH ERCL0SAC T.NL TREE VaL Exhibit 2 Legal description of Interests for Temporary Construction Easement EXHIBIT "A" Sheet 1 of 1 Legal Description 2844-003-006 T.C.E. 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, `_;tate of California, according to the Official Plat of said Land, described as follows: CCMMENCING at the Southwest corner of said Lot 4; thence along the center line of Soledad Canyon Road, 60 feet wide, as per Hook 6689 Mage 34, also being the Southerly Line of said Northeast Quarter, North 89'16'3-1" 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 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.13. 1048, Paye 2, n radial line throragh 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 88'3S'26" East, 49.5-5 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 00'00'563" West, 24,76 feet; thence leaving last said East line, North 88'35'26" West; thence South 02'14'22" West, 1233 feet; thence North 87'51'38" West, 93.81 feet; thence North 01'47'42" East, 36.53 feet; th er.ce North 88'35'26" West, 65.29 feet to the Easterly Zinc of the land,,,- described andsdescribed in said deed recorded May 05, 1992 as Instrument No. 92-803248; thence South 0=7'1'57'31" 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. Contains 5,153 Square Feet. more or less. Prepared by me o der my direction PRELIMINARY ��tr 4r Cp1.1� . _--------------- Date A-20 16_2017 Danny T, Davis, P.L.S. No. 7586 Exhibit 2 Depiction of Interests for Temporary Construction Easement GRAPHIC SCALE 3u o' 1e 30 60 ( IN PELT ) 1 inch = 30(t- 2 0 R. 2844-00 F J'NF 3-006 a EpSEMEN� Coss. 4 Pn"lIt '"l�j 1 �1 1 1 ]1 wl 1 1 1 1 1 1 1 1 1 1 1 1 1 1 --I LEGEND SURVEY OF AP PP 6ASPR POWERPOM = OLE APN 2844-003-006 NH y OMME CLF C'H+vAtMK iFJ110E CONC. = CONCRETE R—W = XMIT--CSF WAY 00 - CLEAN OUT Y PLf GUY WE 0 5158 sq ft T.C.E.. ��l1NE I.C. TRASH ENMMRE rrL - TREE WJl