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HomeMy WebLinkAbout1992-02-25 - AGENDA REPORTS - SOLEDADCYN WIDENING PROJ (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Item to be n February 25, 1992 SOLEDAD CANYON ROAD WIDENING PROJECT NO. 91-04 CONDEMNATION PROCEEDINGS Resolution Number: 92-33 Community Development City staff was instructed- to .make an offer to purchase the road easement required to be obtained for public street purposes, located at 16133 Soledad Canyon Road, Santa Clarita, California 91351, as shown on the attached map marked Exhibit "B". This, road easement is necessary to install the improvements along Soledad Canyon Road east of Sand Canyon which are currently out for bids. The City made an initial offer of $23,980 to purchase the road easement pursuant to Section 7267.2 of the California. Government -Code. This offer was the full amount determined by an appraisal to be just compensation for the road easement 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, therefore, the City must initiate eminent domain proceedingsatthis time in order to construct the public improvements, to wit: a public street. On February 6, 1992, the City notified the property owners Mr. and Mrs. Robert W. Weatherwax of the condemnation hearing to be held on February 25, 1992 regarding 16133 Soledad Canyon Road. The letter was received by the Weatherwax•s on February 8, 1992. ANALYSIS As to the findings of the proposed Resolution of Necessity, City staff. have the following comments: Necessity: The City has heretofore approved a public street improvement project involving the widening of Soledad Canyon Road. Obtaining possession of the right-of-way by March 15, 1992 is necessary for the project to proceed on schedule. The road easement to be acquired is essential for the implementation of the project. Adopfe: a Agenda Item: 0 Soledad Canyon Road Widening Project No. 91-04 Condemnation Proceedings February 25, 1992 Page 2 Public Good Versus Private Injury: It has been determined by the City staff that the public interest, convenience, and necessity require the acquisition of the road easement 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 to be acquired is necessary for the project. The area in which the street improvements are to be constructed is vacant and will not be adversely affected. The street improvements will enhance the property by solving the surface erosion. and adverse drainage condition that exists. RECOMMENDATION 1. Open the hearing, review, facts, accept comments, close the hearing and adopt the Resolution of Necessity to initiate eminent domain proceedings against the property known as 16133 Soledad Canyon Road to allow construction of. Soledad Canyon Road which will require widening of the existing pavement. ATTACHMENTS Resolution 92-33 Exhibit "A" Exhibit "B" DLS:587 RESOLUTION 190. 92-33 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 (SOLEDAD CANYON ROAD WIDENING 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 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 road easement 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 40404 et seq., and 37350.5 at 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, 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 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 are as set forth in said Exhibit "A". A map showing the general location of the Property is marked Exhibit "B" attached hereto and incorporated herein by reference and made a part hereof. RESOLUTION NO. 92-33 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 road easement 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. Section 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this day of 1992. Jill Rlajic, Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey, City Clerk AGN:588 EXHIBIT "A" AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF INSTRUMENT NO. 65, RECORDED OCTOBER 29, 1976 IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDS OF SAID COUNTY AND BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, LYING 50 FEET NORTHERLY OF THE FOLLING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOLEDAD CANYON ROAD WITH THE CENTERLINE OF OAK SPRINGS CANYON ROAD AS SAME EXISTED ON NOVEMBER 4, 1991, AS SAID INTERSECTION IS SHOWN ON TRACT NO. 43114, FILED IN BOOK 1091, PAGES 55 TO 58 OF MAPS IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDS OF SAID COUNTY; THENCE NORTH 88 DEGREES 12 MINUTES 21 SECONDS WEST ALONG SAID CENTERLINE OF SOLEDAD CANYON ROAD 439.52 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 DEGREES 10 MINUTES I I SECONDS, A DISTANCE OF 203.69 FEET TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID TRACT NO. 43114; SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE CONTINUING ALONG SAID 1400 -FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 00 SECONDS A DISTANCE OF 330.66 FEET TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 14. EXCEPT THEREFROM THAT PORTION IN PUBLIC ROADS OF RECORD. TO BE KNOWN AS SOLEDAD CANYON ROAD. 2839-6-41,42 EINISIT".; . 8.,.. T�z 2839-006-041 g - 006-04 40LU 3 Q w N LU LU >rt2—o ¢ ¢AREA ?o BE ACgtI/KED I S1 -1 y LU Lu S2 -i I /- A d N o h �° p -o � ID y 0 R= 1400' IL= 330,fo6' NORTH SCALE: 1"= 700' /,VD/GATES A,2 -EA /o BE AGQ0I9FD WILLDAN ASSOCIATES SCALES GATE Asr,,%M?J 12 -t7 -q! SKETCH FOR MNEERS'PUWNERS awVJ"""A"�204 RICHT OF WAY 1YN fIELD BOOK -19- L4W-U ER,M 93534 *j K By: "Z42 (805)943-8848 - DEDICATION City of Santa Clarita 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 Phone (805)259-2489 Fax (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: Mr. and Mrs. Robert W. Weatherwax 16133 Soledad Canyon Road Canyon Country, California 91351 YOU ARE HEREBY NOTIFIED, pursuant to Codeei of Civil Procedure Section 1230.010 gJ. 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 a road easement in and of the property .described. in Exhibits "A" and and as shown on "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, February 25, 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 Boulevard, Santa Clarita, California 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 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 Mr. and Mrs. Robert Weatherwas 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 appear 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. na M. Grindey, City Clerk City of Santa Clarita cc: Carlos deLeon, Associate Civil Engineer Bonnie Stewart, Engineering Technician Lorin Gardner, Project Manager Carl Newton, City Attorney REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY ATTACHED AS EXHIBITS "A" AND "B" TO THE NOTICE OF HEARING Name Address Date Signature DLS:403 Telephone L Date: January 23, 1992 Subject: OFFER TO PURCHASE AN INTEREST IN REAL PROPERTY Project: Soledad Canyon Road Widening Project Owner: Mr. and Mrs. Robert W. Weatherwax Property Address: 16133 Soledad Canyon Road Canyon Country, California 91351 A.P. No.: 2839-006-041 & 042 Description of Property to be Acquired: Road Easement The City of Santa Clarita hereby offers to purchase the real property interest referenced above for the market value of $23,980.00. A Summary Statement Relating to Purchase of Real Property and an Appraisal Summary are enclosed. Willdan Associates has been contracted by the City of Santa Clarita for right-of-way acquisition services for this project. Please call Mr. Bill Daubert of Willdan Associates' Real Property Section at (805) 945-8848 to establish a time convenient for you to meet and discuss the project. City of Santa Clarita Lynn r- Harris jeu�y City Manager/ , Comc(9/}t Devel_op`ment 6ze hard Kopecky /J Deputy City Engineer IIcknowledge receipt of the offer as presented and detailed on the attached summary sheet. Acknowledgement does not constitute acceptance. ,,7 Date DLS:402 LLinda J. We erwax / NOTICE OF HEARING Mr. and Mrs. Robert Weatherwax 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 appear 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. na M. Grindey, City Clerk City of Santa Clarita cc: Carlos deLeon, Associate Civil Engineer Bonnie Stewart, Engineering Technician Lorin Gardner, Project Manager Carl Newton, City Attorney REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION,OF PROPERTY ATTACHED AS EXHIBITS "A" AND "B" TO THE NOTICE OF HEARING Name, /"E/� Telephone Address l Date r,� �% Signature DLS:403