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HomeMy WebLinkAbout1991-03-26 - AGENDA REPORTS - SHANGRI LA DRIVE CONDEM (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approval Item to be presented tfy: John E. Medina March 26, 1991 SHANGRI-LA DRIVE CONDEMNATION HEARING Resolution Num*r: 91-33 Public On November 27, 1990, City Council directed staff to make an offer to purchase the parcel required for public street purposes located at the northwest corner of Shangri-La Drive and Soledad Canyon Road as shown on the attached map marked Exhibit "B". We made an initial offer to purchase the 12 -foot wide strip of land. This offer was the full amount determined to be just compensation for the property and improvements --$13,002. Although discussions have been amicable with the property owners, a settlement agreement has not been reached for the acquisition of the property because the Association does not feel they could get 100% agreement and signatures on the document. Therefore, the City must initiate eminent domain proceedings at this time in order to permit construction of the public improvements, to wit: the widening of Shangri-La Drive for a right turn lane onto Soledad Canyon Road. On March 6, 1991, the City notified the property owners, Shangri-La Owners Association, of the condemnation hearing to be held on March 26, 1991, regarding Shangri-La Drive. On March 26, 1991, the Council will determine, after hearing, whether the public convenience and necessity require the road easement, and whether condemnation proceedings should proceed. If this resolution is adopted, the City Attorney will provide necessary documents to file condemnation proceedings precedent to acquiring an order of immediate possession which would indicate the City's right to do the work in the road easement. Property owners may at any time accept the City's offer, and we will remove the parcel from the condemnation proceedings. The Planning Commission has reviewed, approved and required the widening of Shangri-La Drive as a condition of approval for the project. Since the area to be acquired is currently open and with some landscaping, we feel that the widening has greater benefits than the loss of 1,596 feet of landscaping. Therefore, we have determined that the project is planned and located in the manner that will be. most compatible with the greatest public good and least private injury, and that the property to be acquired is necessary for the project. Ado -piled: �� 9 Agenda Item:�z� ; , SHANGRI-LA DRIVE CONDEMNATION HEARING Page 2 RECOMMENDATION Staff recommends that the City Council: Open the hearing, review facts, accept comments, close the hearing and adopt the Resolution of Necessity No. 91-33 to initiate eminent domain proceedings against the property . known as APN 2803-39-63 and direct the City Attorney to file the necessary condemnation action. ATTACHMENTS Exhibit "A" - Legal Description Exhibit "B" - Road Easement Map Resolution No. 91-33 /hds RESOLUTION NO. 91-33 RESOLUTION OF THE CITY OF SANTA CLARITA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (SHANGRI-LA DRIVE) THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Santa Clarita (hereinafter "City") finds, determines and declares: (1) That the public: interest, convenience and necessity require the acquisition by said City of certain interests in and to certain hereinafter described real property ("Property") for the. public purposes and all uses appurtenant thereto as hereinafter described; (2) That the project is planned .or located in the manner that will be most compatible with the greatest public good and least private injury; (3) That the taking of the interests in and to the Property is necessary for such public uses, and is authorized by Section 19, Article I of the California Constitution, Sections 40401 et seq., and 37350.5 et seq., of the California Government Code, Section 1240.010 et seq., of the California Code of Civil Procedure, and other applicable law; (4) That the offers to purchase required by California Government Code Section 7267.2 have been made to the owners of the Property and that said offers were rejected by the perspective property owners. Section 2. The City hereby declares that it: is the intention of said City to acquire interests in and to the Property, as described in Exhibit "A", 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 Property has been appropriated to some public use, the public.use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 4. The interests in and to the Property, the. acquisition of which is required by said public interest, convenience, and necessity for the purposes set. forth in Section One hereof, is located in the County of Los Angeles, State of California, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof. The specific nature of the public uses for which the said interests in and to the properties are to be acquired as set forth in said Exhibit "A". A map showing the general location of the Property is marked Exhibits "B" attached hereto and incorporated herein by reference and made a part hereof. RESOLUTION NO. 91-33 Page 2 Section 5. The City Attorney and the firm of Burke, Williams & Sorensen are hereby retained as special counsel and 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 in and to the' Property described herein. Said counsel is also authorized and directed to obtain an Order of Court granting to said City the right of immediate possession and occupancy of said Property. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of , 1991. MAYOR ATTEST: 0 CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at its regular meeting thereof, held on the day of , 1991, by the following vote of Council: AYES: C NOES: C ABSENT: C CITY CLERK AGN:hds:388 EXHIBIT "A" An easement for road purposes over the most Southerly 133.00 feet of Lot 15 of Tract No. 43528,in the City of Santa Clarita,County of Los Angeles,State of California,as per map recorded in'Book 1066,page(s) 55 to 69,inclusive of maps,in the office of the County Recorder of said County,lying Easterly of the Easterly line of document no. 90-352543,recorded on March 5,1990 and Westerly of the Westerly line of Shangri-La Drive 66.00 feet wide as same existed on November 29,1990. To be known as Shangri-La Drive CITY Of SANTA CLARITA EXHIBIT "B" SOLEDAD CANYON . RD. 21 ®- INDICATES EASEMENT AREA NEEDED FOR STREET IMPROVEMENTS NM City of Santa Clarita Carl Boyer, 3rd Mayor Jill Klajic Mayor Pro -Tem Jo Anne Darcy Councilmember Jan Heidt Councilmember 23920 Valencia Blvd. Phone Suite 300 (805) 259.2489 City of Santa Clarita Fax California 91355 (805) 259-8125 NOTICE OF HEARING NOTICE OF INTENTION OF THE CITY OF SANTA CLARITA, A GENERAL LAW CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY TO: Shangri-La Owners Association, a California Corporation c/o Bartien & Company, Inc. 23236 Lyons Avenue, Suite 204 Newhall, California 91321 YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 at. sem. that the City Council of the City of Santa Clarita intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the fee interest in and to the property described in Exhibits "A", and "B" attached hereto, and incorporated herein by this reference, for public street purposes and all uses appurtenant thereto. The hearing on the Resolution will be held .on Tuesday, March 26, 1991 at 6:30 p.m., or as soon thereafter as the City can hear said matter, at the Council. Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. Howard "Buck" McKeon Councilmember YOU ARE FURTHER NOTIFIED that you .have the right to appear and be heard only. on the issues to be considered at that hearing. The precise, and only, issues which will be considered, are as follows: 1. Whether or not the public interest and necessity require the project; 2. Whether or not 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 or not the property sought to be acquired is necessary for the project; and 4. Whether or -not the offer required by -Government Code Section 7267.2 has been made to the owner or owners of record. If you wish to be heard at.this hearing, you MUST FILE A WRITTEN REQUEST indicating your intent to appear and be heard within fifteen (15) days of the mailing of this notice by filing or delivering that written request to the City Clerk, 23920 Valencia Boulevard, Santa Clarita, California 91355, telephone (805) 255-4935. NOTICE OF HEARING SHANGRI—LA OWNERS ASSOCIATION You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. Your failure to timely file a written request to aovear and be heard may result in a waiver of Your right to be heard. For further information, contact the City Clerk's Office at Santa Clarita City Hall. Name Address Date ENG:ce:1103 nna Grindey, C'ity Clerk ty of Santa Clarita REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY ATTACHED AS EXHIBITS "A" AND "B" TO THE NOTICE OF HEARING Signature —2— Telephone EXHIBIT "A" An easement for road purposes over the most Southerly 133.00 feet of Lot 15 of Tract No. 43528,in the City of Santa Clarita,County of Los Angeles,State of California,as per map recorded in Book 1066,page(s) 55 to 69,inclusive - of maps,in the office of the County Recorder of said County,lying Easterly of the Easterly line of document no. 90-352543,recorded on March 5,1990 and Westerly of the Westerly line of Shangri-La Drive 66.00 feet wide as same existed on November 29,1990. To be known as Shangri-La Drive CITY Of SANTA CLARITA EXHIBIT "B" SOLEDAD CANYON RD. I�I ®- INDICATES EASEMENT AREA NEEDED FOR STREET IMPROVEMENTS