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Home My WebLink About1994-09-27 - AGENDA REPORTS - WESTON DEVELOPMENTAGENDA REPORT ity Manager Approv a Item to be presented by: Anthony J. Nisich l�r j PUBLIC HEARING DATE: September 27, 1994 SUBJECT: WESTON DEVELOPMENT ACQUISITION PROJECT Resolution No. 94-110 DEPARTMENT: Community Development BACKGROUND Conditional City approval was granted to Tentative Subdivision Tract No. 46626 and Tentative Subdivision Tract No. 47863 in May of 1990. These properties are owned by Weston Development Corporation (Weston). Several of the conditions of approval require that off-site easements (Interests) for public street, public slope, and public drainage purposes were to be acquired. The off-site property in this case is owned by Citation Homes/Whites Canyon Homeowners association (WCHA). Development agreements were recorded between Weston and the City in November of 1991. The agreements bind the City to the terms and obligations specified. Section 6(d) of the agreements specify that "In the, event Developer is unable to acquire such easements or dedications by negotiation and upon a reasonable showing thereof, the City hereby agrees to acquire same by its power of eminent domain, " Weston has already performed on a portion of their portion of the agreement as certain park/library properties have already been dedicated to the City. Weston, as represented by Mr. John Ashkar, has provided the City with a record of its attempts to reach an agreeable price for the purchase of said easements. Negotiations between Weston and WCHA over the last four years have been unsuccessful. The developers obtained City Council approval, pursuant to the State Subdivision Map Act, for an agreement providing for the acquisition of such Easements by the City by condemnation if negotiation was not successful. That agreement was entered into and has been duly executed and recorded on July 10 of this year. Pursuant to Section 7267.2 of the Government Code, an offer to purchase the property proposed to be acquired has been mailed to the owners of the property. That offer has not been accepted. Advoplzd: 9-a 7 — 91 y. andattem: AGENDA - Weston Development Acquisition September 13, 1994 - Page 2 It is necessary at this point to conduct a public hearing to consider the adoption by the City Council of a resolution of necessity which would authorize the filing of condemnation proceedings to acquire the Interests pursuant to the Agreement, Notice of this hearing was given in the manner prescribed by law. Appraisals have been obtained for each of the Interests sought to be acquired. Enclosed hereto are: (a) a brief summary of the appraisal reflecting the value which was utilized by the City in making the required offer to the property owners; and (b) Legal descriptions and a map depicting the location of the easements. After conducting the public hearing, if the City Council finds that the public necessity so requires it, the City Council should adopt the resolution authorizing condemnation proceedings for the purpose of acquiring the interests which are described in the draft of the said resolution, attached. The development of the two (2) tracts has been found consistent with the City's General Plan. CEQA has been complied with in respect to this proposed proceeding in that the City Council approved Negative Declarations by resolution at a regular meeting of the Council on May 22, 1990.. A notice of determination with respect to those negative declarations was posted in the manner prescribed by law. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the parcels are at an end. If the Council adopts the Resolution of Necessity after the hearing, staff will contact the property owners and assist the parties in their attempt to reach agreement on the amount to be paid for the property. Failing that negotiation process, the City Attorney will file the necessary condemnation actions to acquire the same. RECOMMENDATION Staff recommends the City Council: 1, Conduct the hearing, review the evidence presented, including this staff report and public comments and close the hearing; and 2. Adopt the attached Resolution of Necessity authorizing the commencement of eminent domain proceeding so as to acquire the Interests (Note: This requires a FOUR-FIFTHS (4/5) vote of the City Council). ATTACHMENTS Exhibit "A" Exhibit "B" Exhibit "C" CCP:dls \,...i\,e4-iio.«o RESOLUTION NO, 94-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA FINDING A DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (TRACT NOS 46626 AND 47863) 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 (hereafter "City') hereby finds, determines and declares as follows: a. The public interest, convenience and necessity require the acquisition by said City of certain interests ("Interests") in and to certain real property ('Property") located in the City, the County of Los Angeles, State of California for public street purposes, public slope purposes, and all uses appurtenant thereto to serve Tract No. 46626 and Tract No. 47863 ('Project"); and b. The project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; and c. The taking of the interests as above described is necessary for the stated project and such taking is authorized by Section 19, Article I of the California Constitution, Section 37350.5 of the California Code of Civil Procedure, and other applicable law; and d. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the interests proposed to be acquired by the City. SECTION 2. The City Council of the City hereby declares that it is its intention to acquire said interests in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. That if any of the interests have 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. SECTION 4. Said interests hereinabove, the acquisition of which is required by said public interests, convenience and necessity for the purposes set forth in Section 1. hereof, is located in the City of Santa Clarita, County of Los Angeles, State of California, and are more particularly described of Exhibit A, attached hereto and incorporated herein by this reference, as set forth in full. A map showing the general location of the interests sought to be acquired in this proceeding is attached hereto, marked Exhibit 'B" and incorporated herein by reference and made a part hereof. RESOLUTION NO. 94-110 Page 2 SECTION 5. The City Attorney and the firm of Burke, Williams, & Sorensen, 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 said property described in Section 4. SECTION 6. The City Clerk shall certify the adoption of this resolution., SECTION 7. This resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of 19 MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA I, Donna M. Grindey, 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 day of 19 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK SIKAND Engineering Planning Surveying 15230 Burbank Blvd. Van Nuys,. CA 91411 Telephone:(818) 787-8560 (213) 873-5863 Sheet No. 1 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark. Area LEGAL DESCRIPTION EASEMENTS FOR ROAD (INGRESS/EGRESS) STORM DRAIN, DRAINAGE, AND/OR GRADING PARCEL 1• THAT PORTION OF LOT 123 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 38890, DISTANT THEREON SOUTH 00019'1711 EAST 430.00 FEET FROM THE NORTHEAST SIXTEENTH CORNER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. NORTH 52000'00" WEST 121.00 FEET; THENCE 2. SOUTH 68000'00" WEST 54.00 FEET; THENCE 3. SOUTH 17000'00" WEST 84.00 FEET; THENCE 4. SOUTH 5200010011 EAST 114.68 FEET; THENCE 5. SOUTH 38000100" EAST 131.13 FEET TO SAID EASTERLY LINE; THENCE 6. ALONG SAID EASTERLY LINE NORTH 00019'1711 WEST 200.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.56 ACRES, MORE OR LESS. PARCEL 2• THAT 'PORTION OF LOT 123 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 38890, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 00019'1711 WEST 1349.50 FEET AND FOR THE PURPOSE OF THIS DESCRIPTION SHALL BEAR NORTH 00019'06" WEST, DISTANT THEREON SOUTH 00019'0611 EAST 140.00 FEET FROM THE NORTHEAST SIXTEENTH CORNER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE SIKANDCu«rr"a" Sheet No. 2 of 6 Engineering Planning Surveying 16230 Burbank Blvd. Van Nuys, CA 91411 Telephone:(818) 787-8550 (213) 873-5853 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark Area LEGAL DESCRIPTION 1. LEAVING SAID EASTERLY LINE SOUTH 47008'51" WEST 147.92 FEET; 10090 140 2. SOUTH 00019'06" EAST 43.00 FEET; THENCE 3. NORTH 89040'54" EAST 74.00 FEET; THENCE 4. SOUTH 00019'06" EAST 102.00 FEET; THENCE 5. NORTH 89040'54" EAST 35.00 FEET TO SAID EASTERLY LINE; THENCE 6. ALONG SAID EASTERLY ,LINE NORTH 00019/06" WEST 245.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. PARCEL 3• THAT PORTION OF LOT 123 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID TRACT NO. 38890, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 89030'37" EAST 1324.26 FEET AND FOR THE PURPOSE OF THIS DESCRIPTION SHALL BEAR NORTH 89030'58" EAST, DISTANT THEREON NORTH 89030'58" EAST 150.00 FEET FROM THE NORTHEAST SIXTEENTH CORNER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. LEAVING SAID SOUTHERLY LINE NORTH 62039'49" EAST 122.45 FEET; THENCE 2. SOUTH 71029'46" EAST 147.26 FEET; THENCE 3. NORTH 06024'52" EAST 105.54 FEET; THENCE 4. NORTH 89030'58" EAST 18.00 FEET; THENCE 5. SOUTH 47034'32" EAST 109.50 FEET; THENCE 6. NORTH 17051'42" EAST 129.00 FEET; THENCE 7. NORTH 89030'58" EAST 32.50 FEET; THENCE S. SOUTH 34014'14" EAST 192.52 FEET TO SAID SOUTHERLY LINE; THENCE SIKAND Engineering Planning Surveying 15230 Burbank Blvd.. Van Nuys, CA 91411 Telephone:(818) 787.8550 (213) 873-5853 Sheet No. 3 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark. Area LEGAL DESCRIPTION 9. ALONG SAID SOUTHERLY LINE SOUTH 89030'58" WEST 539.45 FEET TO THE POINT OF BEGINNING, CONTAINING 0.78 ACRES, MORE OR LESS. PARCEL 4• THAT PORTION OF LOT 123 IN THE CITY OF SANTA.CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH SIXTEENTH CORNER OF SECTIONS 17 AND 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. ALONG THE SOUTHERLY LINE OF SAID LOT, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 89030'37" EAST 1324.26 FEET AND FOR THE PURPOSE OF THIS DESCRIPTION SHALL BEAR NORTH 89030158" EAST, SOUTH 89°30'58" WEST 619.84 FEET; THENCE 2. NORTH 26050'19" EAST 55.00 FEET; THENCE 3. NORTH 79029'51" EAST 49.77 FEET; THENCE 4. NORTH 28012'50" EAST 183.00 FEET; THENCE 5. SOUTH 85007'01" EAST 103.16 FEET; THENCE 6. NORTH 26041'10" EAST 59.13 FEET; THENCE 7. SOUTH 52011'37" EAST 48.41 FEET; THENCE 8. NORTH 60025'46" EAST 94.40 FEET; THENCE 9. SOUTH 82056'36" EAST 63.16 FEET; THENCE 10. NORTH 60030'14" EAST 28.65 FEET; THENCE 11. NORTH 03054'45" EAST 165.44 FEET; THENCE 12. SOUTH 77058'57" EAST 47.07 FEET; THENCE 13. NORTH 03021'12" WEST 129.19 FEET; THENCE 14. NORTH 74034'01" EAST 72.53 FEET TO THE EASTERLY LINE OF SAID LOT 123; THENCE SIKAND Engineering Planning Surveying 16230 Burbank Blvd, Van Nuys,. CA 91411 Talephone:(818) 787-8560 (213) 873-5853 Sheet No. 4 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark Area LEGAL DESCRIPTION 15. ALONG SAID EASTERLY LINE SOUTH 00014'50" EAST 585.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.65 ACRES, MORE OR LESS. PARCEL 5• THAT PORTION OF LOT 123 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 38890, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 00014'59" WEST 1310.92 FEET AND FOR THE PURPOSE OF THIS DESCRIPTION SHALL BEAR NORTH 00014'50" WEST, DISTANT THEREON NORTH 00°14'50" WEST 975.00 FEET FROM THE NORTH SIXTEENTH CORNER OF SECTIONS 17 AND 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. CONTINUING ALONG SAID EASTERLY LINE NORTH 00014'50" WEST 125.00 FEET; THENCE 2. SOUTH 63011'16" WEST 111.80 FEET; THENCE 3. SOUTH 00°14'50" EAST 35.00 FEET; THENCE 4. SOUTH 68026145" EAST 107.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.18 ACRES, MORE OR LESS. PARCEL 6: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID SECTION 8, DISTANT THEREON NORTH 00014'50" WEST 479.08 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION; THENCE 1. CONTINUING ALONG SAID EASTERLY LINE NORTH 00014'50" WEST 150.00 FEET; THENCE SIKAND Engineering Planning Surveying 16230 Burbank Blvd. Van Nuys, CA 91411 Telephone:(818). 787-8550 (213) 873-6853 -vz,X 1-t , grr"E3 4 Sheet No. 5 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark Area LEGAL DESCRIPTION 2. SOUTH 11031116" WEST 49.03 FEET; THENCE 3. SOUTH 34055'09" WEST 53.82 FEET; THENCE 4. SOUTH 62012'00" WEST 25.94 FEET; THENCE 5. SOUTH 000141,50" EAST 27.00 FEET; THENCE 6. SOUTH 73042'45" EAST 66.76 FEET TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES, MORE OR 'LESS. PARCEL 7• THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID SECTION 8, DISTANT THEREON NORTH 00014'50" WEST 712.08 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION; THENCE 1. CONTINUING ALONG SAID EASTERLY LINE NORTH 00014'50" WEST 110.00 FEET; THENCE 2. SOUTH 51027'45" WEST 24.21 FEET; THENCE 3. SOUTH 68008117" WEST 57.01 FEET; THENCE 4. SOUTH 00014'50" EAST 31.00 FEET; THENCE 5. SOUTH 59024'02" EAST 83.86 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES, MORE OR LESS. PARCEL 8: THAT PORTION OF LOT 123 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP OF TRACT NO. 38890 FILED IN BOOK 1030 PAGES 29 THROUGH 35 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 38890, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 00019'1711 WEST 1349.50 FEET AND FOR THE PURPOSE OF THIS DESCRIPTION SHALL BEAR SIKAND Engineering Planning Surveying 16230 Burbank Blvd. Van Nuys,CA 91411 Telephone:(818) 787-8550 (213) 873-5853 EK�4 ��31r 8 Sheet No. 6 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark Area LEGAL DESCRIPTION NORTH 00019106" WEST, DISTANT THEREON SOUTH 00°19'06" EAST 100.00 FEET FROM THE NORTHEAST SIXTEENTH CORNER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. ALONG SAID EASTERLY LINE SOUTH 00019'06" EAST 606.47 FEET TO THE NORTHEASTERLY LINE OF WHITES CANYON ROAD, 100.00 FEET WIDE, PER SAID MAP; THENCE 2. ALONG SAID NORTHEASTERLY LINE NORTH 64013'14" WEST 265.00 FEET; THENCE 3. NORTH 10044'16" EAST 350.00 FEET; THENCE 4. NORTH 49005'32" EAST 225.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.22 ACRES, MORE OR LESS. SIKAND ® Engineering Planning Surveying 15230 Burbank Blvd. Van Nuys, CA 91411 Telephone:(818) 787-8550 (213) 873-5853 ExI-t I ij 1-7 "& Sheet No, 6 of 6 Written by L. Pilchen Date 10-17-90 Work Order No. 5089-1 D Checked by Date REV 6-8-94 Description No. 4871 Client American Landmark Area LEGAL DESCRIPTION NORTH 00019106" WEST, DISTANT THEREON SOUTH 00°19'06" EAST 100.00 FEET FROM THE NORTHEAST SIXTEENTH CORNER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, PER SAID MAP; THENCE 1. ALONG SAID EASTERLY LINE SOUTH 00019'06" EAST 606.47 FEET TO THE NORTHEASTERLY LINE OF WHITES CANYON ROAD, 100.00 FEET WIDE, PER SAID MAP; THENCE 2. ALONG SAID NORTHEASTERLY LINE NORTH 64013'14" WEST 265.00 FEET; THENCE 3. NORTH 10044116" EAST 350.00 FEET; THENCE 4. NORTH 49005132" EAST 225.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.22 ACRES, MORE OR LESS. 0 CITY OF SANTA CLARITA VICINITY MAP 1 4�lESCION RORTIOIE OF S.E. 1/1 SEC, 0. 7.4 N... R.15 M. S.B.M. R TION OFLOT 123 TRACT N0.3BB90 N.B.1030/29-35 IEXH ORDM- r G t>. i.. N.. IYC . l TO aE FtGQ l� 4 rte--� e.la v., ce N, �� ;'•. NOT TO SCALE S.E: CON:F s ni. 0\ 9 SI[RR0 ENGINEER INS RSSOCIRTES D a meato Uv l stroewry 1®1