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HomeMy WebLinkAbout1992-05-26 - AGENDA REPORTS - SOLEDADCYN WIDENING PROJ (2)AGENDA REPORT City Manager Approval Item to be presented NEW BUSINESS Anthony J. Nisich 7i t DATE: May 26, 1992 SUBJECT: SOLEDAD CANYON ROAD WIDENING PROJECT NO. 91-04 CONDEMNATION PROCEEDINGS Resolution Number: 92-99 DEPARTMENT: Community Development BACKGROUND City staff was instructed to make an offer .to purchase the road easement required for public street purposes, located on the north side of Soledad Canyon Road, 1,100 feet westerly of Poppy Meadow Street, 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 is currently under construction. The City made an initial offer of $13,000 to purchase the road easement 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 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 proceedings at this time in order to construct the public improvements, to wit: a public street. On May 7, 1992, the City notified the property owners, Newhall County Water District, of the condemnation hearing to be held on May 26, 1992. The letter was received by Newhall County Water District on May 11, 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 June 5, 1992 is necessary for the project to continue on schedule. The road easement to be acquired is essential for the implementation of the project. Adopted.- Agenda Item: SOLEDAD CANYON ROAD WIDENING Project No. 91-04 Condemnation Proceedings 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. Open the hearing, review, facts, accept comments, close the hearing and adopt the Resolution of Necessity to initiate eminent domain proceedings against the property on the north side of Soledad Canyon Road, 1,100 feet westerly of Poppy Meadow Street, to allow construction of Soledad Canyon Road which will require widening of the existing pavement. ATTACHMENTS Resolution 92-99 Exhibit "A" Exhibit "B" hds:647 RESOLUTION NO. 92-99 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 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, 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 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 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. 92-99 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 Klajic, 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: Donna M. Grindey, City Clerk , AGN: 648 EXHIBIT "A" THE SOUTHERLY 47 FEET- OF THE. LAND DESCRIBED IN DOCUMENT NO. 2440, RECORDED DECEMBER 16, 1968, TO.NEWHALL COUNTY WATER DISTRICT, MEASURED RADIALLY FROM A 5,656 FOOT RADIUS CURVE IN THE NORTHERLY LINE OF SOLEDAD CANYON ROAD 48 FEET WIDE AS SAME EXISTED ON APRIL 4, 1992. TO BE KNOWN AS-SOLEDAD CANYON ROAD IJEWNALL CO* WATER C7W . A.P.►.I.1057-26-9co I M- /43, op 100 _ MOpp5Ep 00AIP PEEP 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. James E. Jinks Newhall County Water District 23780 Pine Street Newhall, CA 91321 YOU. ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 gh. 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 in and of the property described in Exhibits "A" 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, May 26, 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 Claritd, California 91355, telephone (805) 255-4935. NOTICE OF HEARING NEWHALL COUNTY WATER DISTRICT 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 annear 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. '44"440401 &. onna M. Grindey, Cit Jerk City 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 Name Address Date AGN:642 Enclosures cc: Carlos de Leon Bonnie Stewart Lorin Gardner Carl Newton Signature ff� Telephone EXHIBIT "A" THE SOUTHERLY 47 FEET OF THE LAND DESCRIBED IN DOCUMENT NO. 2440, RECORDED DECEMBER 16, 1968, TO NEWHALL COUNTY. WATER DISTRICT, MEASURES RADIALLY FROM A 5,656 FOOT RADIUS CURVE IN THE NORTHERLY LINE OF SOLEDAD CANYON ROAD 48 FEET WIDE AS SAME EXISTED ON APRIL 4, 1992., TO BE KNOWN AS SOLEDAD CANYON ROAD ht tJEWNALL CO. WATER C7KiC j� A.r0.2837-26-900 Doc. No. 2440 v Nr � ^I �o P Ns 1100