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HomeMy WebLinkAbout1992-07-14 - AGENDA REPORTS - SC COMMUTER RAIL STATION (2)AGENDA REPORT NEW BUSINESS DATE: July 14, 1992 City Manager Approval Item to be pres6nted by, SUBJECT: SANTA CLARITA COMMUTER RAIL STATION CONDEMNATION PROCEEDINGS - RODEO LAND COMPANY STRIP RESOLUTION NO. 92-138 DEPARTMENT: Public Works BACKGROUND City staff initiated an offer to purchase the strip ofland and road easement required for public street purposes, and for access to the Commuter Rail Station, located at 22500 West Soledad Canyon Road as shown on the attached maps marked Exhibit "B" and "C." This road easement and strip of land is necessary to install the improvements along Soledad Canyon Road and for access to the Commuter Rail Station. The City made an initial offer of $11,500 to purchase the road easement and strip of land pursuant to Section 7267.2 of the California Government Code. This offer was the full amount determined by an independent appraisal to be just compensation for the road easement and strip of land across the property. Although discussions have been amicable with the property owners, a settlement agreement has not been reached for the acquisition of the road easement and strip of land, therefore, the City must initiate eminent domain proceedings at this time in order to construct the public improvements, to wit: a public street and acquisition of the strip of land. On June 22, 1992; the City noted the property owners, Rodeo Land Company, of the condemnation hearing to be held on July 14, 1992. The letter was received by Rodeo Land Company on June 23; 1992. ANALYSIS As to the findings of the proposed Resolution of Necessity, City staff have the following comments: Adopted; -lg ,9d Agenda Item:.3 Santa Clarita Commuter Rail Station Condemnation Proceedings - Rodeo Land Company Strip July 14, 1992 Page 2 Necessity: The City has heretofore approved a public street and access improvements project involving the widening of Soledad Canyon Road and acquisition of the strip of land. Obtaining possession of the right-of-way and strip of land by July 22, 1992 is necessary for the project to meet the october 1992 opening. The road easement and strip of land to be acquired is essential for the implementation of the project. Public Good versus Private Iniu It has been determined by the City staff that the public interest, convenience and necessity require the acquisition of the road easement and the strip of land interest in and to the property for the construction of the project; 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 road easement and the strip of land to be acquired is necessary for the project. The area in which the street and access improvements are to be constructed is vacant and will not be adversely affected. The street and access improvements will enhance the property by solving traffic problems in connection with the Commuter Rail Station. RECOMMENDATION Open the hearing, review facts, accept comments, close the hearing and adopt the Resolution of Necessity to initiate eminent domain proceedings against the property at 22500 West Soledad Canyon Road, to allow construction of a right turn pocket on Soledad Canyon Road which will require widening of the existing pavement and will allow access to the Commuter Rail Station. ATTACHMENTS Resolution No. 92-138 Exhibit "A" Exhibit "B" Exhibit "C" DL:gmm rodeo.aga 07/08i92 17:39 City of Santa Clarita Jill K qic Mayor . Jan Heidt Mayor Pro -Tem Cad Soyer Courdimember Jo Anne Darty CourxOmember George Pederson CoutwOmember '6805 294 2517 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 CITY YARD Phone (805) 259-2489 Fax (805) 259-8125 NOTICE OF NEARING --- CTY SNTA CLARITA l?I002 NOTICE OF INTENTION OF THE CITY OF SANTA CLARITA A GENERAL LAV CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTIES Rodeo Land Company P.O. Box 800-901 Saugus, Ca. 91380 YOU ARE HEREBY NOTIFIED, pursuant- to Code of Civil Procedure Section 1230.010 et sea. 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 a road easement and a strip of land for access purposes in and of the property described in Exhibit 'A' and shown on Exhibits 'B' and 'C' attached hereto, and incorporated herein by this reference, for public street purposes and all uses appurtenant thereto. The hearing on the revolution vill be held on Tuesday, July 14, 1992, at 6:30 p.m., or as soon thereafter as the City can hear said matter, at the Council Chambers. located at 23920 Valencia Blvd., Santa Clarita, Ca. 91355. 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 vhich will be considered, are as follova: 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 vith 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 7257.2 has been made to the owner or ovners of record. If you vish 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 Blvd., Santa Clarita, Ca. 91355, telephone, (805)255-4391. 07/08/92 17:39 $805 294 2517 CITY YARD --- CTY SNTA CLARITA fa 003 Notice of Hearing Rodeo Land Company 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 of your right to be heard. For further information. contact the City Clerk's office at Santa Claal/rita City Hall. Donna M. Grindey, CHC City Clerk City of Santa Clarita cc: Esomchi Enenvali, Civil Engineer Lorin Gardner. Villdan E Associates Dennis Burke, City Attorney Jeff &olin, Deputy City Manager. Public Works Dennis Luppens. Administrative Assistant, Public Works -----------------------•-----^------- ---- REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY ATTACKED AS EXHIBITS •A', •B•, AND C. TO THE NOTICE OF HEARING Name Telephone Addres Date Signature RESOLUTION NO. 92-138 RESOLUTION OF THE CITY OF SANTA CLARITA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A CERTAIN ROAD EASEMENT FOR PUBLIC PURPOSES AND A STRIP OF LAND FOR ACCESS PURPOSES (SANTA CLARITA COMMUTER RAIL STATION PROJECT) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES 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 of a road easement and a strip of land 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 thatwill be most compatible with the greatest public good and least private injury; (3) That the taking of the road easement interests and the access strip of land is necessary for such public uses, and is authorized by Section 19, Article I of the California Constitution, Sections 40404 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 by a road easement and a strip of land, 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 (1) hereof, is located in the City of Santa Clarita, County of Los Angeles, State of California, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference 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" and "C" attached hereto and incorporated herein by reference and made a part hereof. 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 road easement and strip of land 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 road easement and strip of land. RESOLUTION NO. 92-138 Page 2 Section 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this day of .1992. Jill Klajic; Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Donna M. Grindey, DO HEREBY CERTIFY that the above and 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 , 1992 by the following vote of Council: AYES: COUNCH-MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Donna M. Grindey, City Clerk Ia:4:I1:I1 W/aW PART A: THAT PORTION OF THE LAND DESCRIBED IN PARCEL 1 OF PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOLEDAD CANYON ROAD, 120 FEET WIDE AS SAME EXISTED ON MAY 5, 1992 WITH THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF INSTRUMENT NO. 91-1170920 RECORDED JULY 29, 1991 RECORDS OF SAID COUNTY, SAID INTERSECTION BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,535 FEET, A RADIAL TO SAID CURVE BEARS NORTH 37 DEGREES 28 MINUTES 02 SECONDS EAST; THENCE SOUTH 37 DEGREES 33 MINUTES 29 SECONDS WEST, 5.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2,540 FEET; A RADIAL TO SAID CURVE BEARS NORTH 37 DEGREES 28 MINUTES 03 SECONDS EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 DEGREES 23 MINUTES 01 SECONDS, A DISTANCE OF 150.00 FEET TO A POINT OF COMPOUND CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 349.67 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 22 MINUTES 47 SECONDS, A DISTANCE OF 45.04 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 482.70 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES 20 MINUTES 58 SECONDS, A DISTANCE 45.07 FEET TO SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID SOUTHERLY LINE OF SOLEDAD CANYON ROAD TO THE POINT OF BEGINNING. TO BE KNOWN AS SOLEDAD CANYON ROAD. ALSO BEING A PORTION OF ASSESSOR PARCEL NO. 2836-011-011 AS SHOWN ON ATTACHED EXHIBIT "B" THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13524 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 148, PAGES 88 AND 89 OF PARCEL MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: A STRIP OF LAND LYING SOUTHEASTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF INSTRUMENT NO. 91-1170920 RECORDED JULY 29, 1991, RECORDS OF LOS ANGELES COUNTY, ALSO BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF SAID PARCEL NO. I OF INSTRUMENT NO. 91-1170920, AND BOUNDED SOUTHWESTERLY BY THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY. ALSO SHOWN AS ASSESSOR PARCEL NO. 2836-011-012. SEE EXHIBIT "C" ATTACHED HERETO. EXH I rail ?"6" CA A.1 O -- 0. F!:>. - �POgET7 g/hJ .� 2 A-riz,. ae-S o-olI -on 775t.r+. o02Ao. WILLDAN ASSOCIATES ENGINEERS -PLANNERS 858 W. JACKMAN SI,SM204 LANCASTER,CA.93534 (805) 945-8848 SCA .E-.,5, / � 'ppm(`•.' l� GOMMt.1TER RA14�CA'Ttoa / / f-WVIcaTE�tEAN>rEdt:DFuzszl6uzT�lLA1lE DATA. m.42 SKETCH FOR • FIELDBOOK: RIGHT OF WAY' °"TG BY: JOB NO., DEDICATION J CURVE.VATA �.4 FAI2.�. 1 5 20'S .70' Ara 07 22.y3 2 722'47' 3A9.C47' gti 04 22.55 3 3°a3b!" 2e,40=* 150.00 75.02 4 5` (' 2535.ce' 25L`I3 12Co.D7 CA A.1 O -- 0. F!:>. - �POgET7 g/hJ .� 2 A-riz,. ae-S o-olI -on 775t.r+. o02Ao. WILLDAN ASSOCIATES ENGINEERS -PLANNERS 858 W. JACKMAN SI,SM204 LANCASTER,CA.93534 (805) 945-8848 SCA .E-.,5, / � 'ppm(`•.' l� GOMMt.1TER RA14�CA'Ttoa / / f-WVIcaTE�tEAN>rEdt:DFuzszl6uzT�lLA1lE DATA. m.42 SKETCH FOR • FIELDBOOK: RIGHT OF WAY' °"TG BY: JOB NO., DEDICATION J 0 © w� l 4d W< v.001 l Ul � Z U WAN a i I7 IE cs -� =Y v -O- ., SCALE1 DATE: -A WI=ANASSOCIATES SKETCH FOR ENGINEERS- PLANNERS 858 W.JA:,KMANSL,STE204DW�N�BY: IFIEL� K: LAND LANCASTER,CA.93�34 (605)945-8848 CHECKED BY: JOB NO.; NO.�O ; DEDICATIONI