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Home My WebLink About1990-11-27 - AGENDA REPORTS - SHANGRI-LA DRIVE CONDEMNATION (2)AGENDA REPORT City Manager Approval Item to be presented by: s� NEW BUSINESS John E. Medina DATE: November 27, 1990 SUBJECT: NORTHWEST CORNER OF SHANGRI-LA DRIVE AND SOLEDAD CANYON ROAD ALSO KNOWN AS SITE PLAN REVIEW 90-062 CONDEMNATION AGREEMENT FOR STREET PURPOSES DEPARTMENT: Public Works BACKGROUND In order to construct street improvements at the northwest comer of Shangri-La Drive and Soledad Canyon Road also known as Site Plan Review 90-062, an additional 12 foot of right-of-way will be required. Currently, there is only one lane for southbound Shangri-La traffic onto Soledad Canyon Road. Acquisition of the added right-of-way. would allow the installation of both a right and left turn lane on southbound Shangri-La. This would facilitate traffic movements on Shangri-La for the residents. This, along with the widening by. the developer of the north side of Soledad Canyon Road, will facilitate traffic flow on both Soledad Canyon Road and Shangri-La. The developer has .contacted the adjacent property owner, which is Shangri-La Homeowner's Association, and the Association finds it difficult to secure a 100% note from the property owner to grant the road easement to the developer. Since a 12 foot street easement is necessary, the developer has requested that the City use its powers of condemnation to acquire a 12 foot street easement. Under Section 40404 of the Government Code, the City may use its powers of condemnation whenever a developer is conditioned to make certain improvements on property they do not own and are unable to secure the necessary easement. The Act permits the City to require that the subdivider pay the cost of acquiring the off -site -property. The attached agreement conforms to all of the requirements as stipulated in the Government Code and Code of Civil Procedure. The developer agrees to pay the City the entire cost of the acquisition and the City agrees to acquire the property by condemnation. This.will allow the project to.proceed. The City Council approve an agreement between Jovet Incorporated, the developer of the commercial development, also known as Site Plan Review 90-062 to provide a street easement for their development through condemnation proceedings. ATTACHMENTS Map Section Agreement APPROVED ,ce Agenda Item: • GITI' • 3,,4 CM,V • x 4wap 6104 roPaECD,�M =AP4 �_• • PM Cie SET WOO. x • • 0 • This Agreement is made and entered into this day of � 19_, by and between the City of Santa Clarita (hereinafter "City") and JoyIn=crated, (hereinafter "Developer"), WHEREAS, City granted tentative approval for Site Plan Review No. 90-062 to Developer, and VXTiEREAS, pursuant to the authority of City, City has required Developer to obtain certain street easements and to make certain offsite improvements; and WFIEREAS, Developer has made good faith efforts to acquire the street easement on the property. located adjacent to his land and shown on Exhibit "A" (hereinafter "Property"), but has been unable to do so; and WHEREAS, City has the ability under Government Code Section 40404 and otherwise to commence proceedings pursuant to California Code of Civil Procedure S1230.010 et sea. to acquire rights-of-way to allow for construction of the Developer's proposed street improvements. NOW, THEREFORE, the patties agree as follows: 1. City shall forthwith commence proceedings pursuant to Title 7 of Part 3 of the California Code of Civil Procedure to acquire an interest in the land and obtaining possession thereof if the City should desire to do so, then, which will permit improvements to be made to the property as shown on Exhibit „A,,. 2. Developer hereby agrees that upon the City commencing an action to acquire sufficient title or interest in the required land that Developer shall complete the required improvements as set forth in the Tentative Site Plan Review No: 90-062 and the Project, at Developer's sole expense. 3. Developer shall grade and improve Shangri-IA Drive accord3ttg to plans on file with the City • and as approved by the Director of Public Works to provide for left -tum lane onto Soledad Canyon Road. •4. Developer agrees that it will pay all costs, including attorney's fees, associated with acquiring the offsite real property interests in connection with the Project. Developer also agrees to indemnify, defer and hold harmless the City from any and all claims or causes of action arising from or related to this Agreement, including the Developers construction and maintenance of improvements, the cost of acquiring property and the like. 5. Developer agrees to deposit with the City simultaneously with the execution of this Agreement, $ 4,000 to cover initial cost of such proceedings. In addition, Developer agrees to deposit with City the full amount of the fair market value for such property determined by the City's appraiser prior to the commencement of condemnation proceedings and any additional amounts required by the City in connection with such proceedings. 6. This Agreement shall not be assigned by Developer without the prior written consent of City. 7. Any controversy between the parties hereto may be submitted to arbitration and such arbitration shall comply with and be governed by the principals of the California Arbitration Act, Code of Civil Procedure S1280T1294.2. 8. If any action in law or equity or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled. 9. All notices herein required shall be in writing and shall be delivered in person or sent by registered mail, postage prepaid, to the following addresses. C=: 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 DEVELOPER Jovet, Incorporated 350 South Beverly Drive #300 Beverly Hills, CA 90212 0 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Santa Clarita, California the day and year first above written. CITY OF SANTA CLARITA • By Mayor Signatures Must Be DEVELOPER Notarized (Attach Notary Acknowledgement Form) JOVET, INCORPORATE By: L2� �� JOSEPH DABBY, Presiden ATTEST: Deputy City Clerk City of Santa Clarita tPORATE ACKNOWLEDGMENT No State of On this the/1 -1 day of ^loVEA18EK 192�,before me, 3 SS. �7 �^ Cointyof !cs Amar -Fs �AR0LE �]iiNIEA2 , OFFICIAL SEAL CAROtE S SHNIER ---�: NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY My comm, morin JM 3, 1991 the undersigned Notary Public, personally appeared personally known tome proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as ?/ers, P E;AJT oron behalf of the corporation therein named, and acknowledged to me that the corporation executed it. ATTENTION NOTARY: mwl o Bre nfgmahon requested below s OPTIONAL it could Prevent kaudAent attacrvnmt of trvs ceMficate to another docurnerit- THIS CERTIRCATE Title or Type of Document C' "' � Er- 1V,471 OY✓ A 9/2 EEM F_ -1V 7 - MUST MUST BE ATTACHED Number of Pages 13 Date of Document No ra /--a TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above NATIONAL NOTARY ASSOCiATCN.8=Rern n ! Are. •P.O. Bat 718a•Canoga Palk. G 91361718/ v, ^/ 0 • vI � SANTA CLARl7A n U A.R,N �8o3-3R-�3 SDGEd,¢D I F 0 syr\ Cawmrcial !:b✓e%2nd C,4#,KON �POAt>' ®-1Aa.,.ITES EA MENr,4kL'sF NErc�o STREET /MPX'O✓EMENTS.