Loading...
HomeMy WebLinkAbout1992-05-26 - RESOLUTIONS - SOLEDADCYN RD WIDENING PROJ (2)RESOLUTION N0. 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 r.� 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 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 S 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 26th day of May , 1992, Jill 1 tic, 2 ay r ATTEST: L... { onna M. Griifdey, City erk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as 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 26th day of MaY 1992 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Pederson, Klajic NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None onna M. Grin y, City Clefk 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 P— M SLF W"L CO. WATEK Dlyf A.r,O.2837-26-9W \� /loo �% "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 NEARING 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 gt;,. M. 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 projects 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 beard 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 BEARING 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 anoear and be heard may result in a waiver of voL_ right to be heard. For further information, contact the City Clerk's Office at Santa Clarita City Hall. nna ;;7Gr1nrde�vC1ty,00Cierk City of Santa Clarita -------------------------------------------------------------------------- REQUEST TO RE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY ATTACHED AS EXHIBITS "A" AND -B- TO THE NOTICE OF HEARING Address Date AGN: 642 Enclosures ccs Carlos de Leon Bonnie Stewart Lorin Gardner Carl Newton Signature Eft 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 W T.S. M tJ�WA1.L CA• A.ro. 2837-26-9oo Dor. No. 24.40