HomeMy WebLinkAbout1993-04-13 - AGENDA REPORTS - WIDENING PROJ 91 07 (2)NEW BUSINESS
DATE:
SUBJECT:
AGENDA REPORT
April 13, 1993
City Manag
Item to be
Anthony J. Nislchl�
WHITES CANYON ROAD WIDENING PROJECT NO. 91.07 CONDEMNATION
PROCEEDINGS - OWNER: EXXON CORPORATION
Resolution No. 93-43
DEPARTMENT: Community Development
BACKGROUND
City staff has made an offer to purchase the road easement required to be obtained for public street
purposes, located at 19301 Soledad Canyon Road, Santa Ctarita, California 91351, as shown on the
attached map marked Exhibit "B." This road easement Is necessary to install the improvements
along Whites Canyon Road north of Soledad Canyon Road.
The City made an Initial offer of $29,290 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. After negotiations with Exxon
Corporation, we Increased our offer to $36,750 to facilitate the acquisition and compensate for
Inconvenience during construction.
On February 13, 1993, City Council authorized payment in the amount of $36,750 to Exxon
Corporation. Since that date, Exxon Corporation has failed to execute the documents necessary
for the acquisition of the right of way. The $29,290 of the funds that were authorized for payment
will be transferred to the Clerk of the Los Angeles County Superior Court if the Council directs the
filing of a condemnation action. The court will then determine just compensation.
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 March 24, 1993, the City notified the property owner Exxon Corporation, a New Jersey
Corporation, of the condemnation hearing to be held on April 13, 1993 regarding
19301 Soledad Canyon Road. The letter was received by Exxon Corporation on March 27, 1993.
ANALYSIS
As to the findings set forth in the proposed Resolution of Necessity, City staff have the following
comments:
Adopted: 4—Is —c? ---3
Agenda Item:
AGENDA - Whites Canyon Road Widening Project No. 91-07
April 13, 1993
Page 2
Necessity: The City Council and the City Planning Commission have heretofore approved a public
street Improvement project 'Involving the .widening of Whites Canyon Road. Obtaining
possession of the right-of-way by April, 1993 is necessary for the project to proceed on schedule.
The road easement to be acquired is essential for the. Implementation of the project.
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 currently Improved with asphalt,
utilities, landscape, and signage. The city will relocate the existing utilities, landscape, and signage
during construction. The existing driveways to be relocated will be improved to current standards.
The street improvements are required to support Los Angeles County's construction of the Whites
Canyon/Via Princessa extension to Sierra Highway.
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 19301 Soledad
Canyon Road to allow construction of Whites Canyon Road which will require widening of the
existing pavement.
ATTACHMENTS
Resolution No. 93-43
Exhibit "A"
Exhibit "B" -
d1*.m934s mj
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: Exxon Corporation, a New Jersey Corporation
1200 Smith Street, #32020
Houston, Texas 77002
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, April 13, 1993, 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 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 meeting, 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.
Y
NOTICE OF HEARING
Exxon Corporation,a New Jersey Corporation
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
waiver of your right to be heard.
For further information, contact the City Clerk's Office at Santa Clarita City Hall.
r
nna M. Grin ey, City Clerk'
City of Santa Ctarita
cc: Carl Newton, City Attorney
Anthony J. Nisich, City Engineer
T. Brad Therrien, Supervising Civil Engineer
Bonnie Joseph, Engineering Technician
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 Telephone
Address
Date Signature
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: Tenant/Occupant
19301 Soledad Canyon Road
Santa Clarita, California 91355
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, April 13, 1993, 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. 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 meeting, you MUST FILE A WRITTEN REQUEST indicating
your intent to appearand 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) 2554935.
NOTICE OF HEARING
Exxon Corporation, a New Jersey Corporation
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.
ZL�
nna M. Grindey, City Clerk
City of Santa Clarita
cc: Carl Newton, City Attorney
Anthony J. Nisich, City Engineer
T. Brad Therrien, Supervising Civil Engineer
Bonnie Joseph, Engineering Technician
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF PROPERTY
ATTACHED AS EXHIBITS "A7 AND "B"
TO THE NOTICE OF HEARING
Name Telephone
Date Signature
follows:
declares:
RESOLUTION NO. 93-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, 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 hereby resolve as
SECTION 1: The City of Santa Clarita (hereinafter "City") finds, determines and
. (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 public street purposes and all uses appurtenant thereto as hereafter
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 40404 et seq., and 37350.5 et seq., of the California Government Code,
Section 1240.010 et seq., of the California of Civil Procedures, 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
provisions 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 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,
are located In the City of Santa Clarita, County of Los Angeles, State of California, and are more
particularly described In said Exhibit "A". The specific nature of the public uses for which the said
Interests in and to the properties are to be acquired are for public purposes and all uses
appurtenant thereto. 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. 93-43
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 ,1993.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, . 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 1993 by the following vote of
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
d1s:ree3<3.b.J
EXHIBIT "A"
PARCEL 2 OF PARCEL MAP NO. 802 IN THE CITY OF SANTA CLARITA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE
93 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY. RECORDER OF SAID
COUNTY.
SAID PARCEL 2 OF PARCEL MAP NO. 802 IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4
NORTH, RANGE 15 WEST; SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND FILED IN THE DISTRICT LAND OFFICE ON MARCH 20, 1877, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION - OF THE NORTHERLY LINE OF SOLEDAD
CANYON ROAD AS DESCRIBED IN PARCEL A OF THE DEED TO THE COUNTY OF
LOS ANGELES, RECORDED ON DECEMBER 6, 1961 AS INSTRUMENT NO. 4688IN
BOOK -D-1442 PAGE 622 OF OFFICIAL RECORDS .OF SAID COUNTY, WITH THE
WESTERLY LINE OF WHITES CANYON ROAD AS MENTIONED IN PARCEL B OF SAID
DEED; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID WHITES
CANYON ROAD TO THE BEGINNING. OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS -OF 25.00 FEET, BEING THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION; SAID LAST MENTIONED CURVE BEING
ALOS TANGENT AT ITS POINT OF. ENDING WITH THE NORTHERLY LINE OF SAID
SOLEDAD CANYON ROAD; THENCE SOUTHERLY, SOUTHWESTERLY AND
WESTERLY ALONG SAID LAST MENTIONED CURVE TO THE NORTHERLY LINE OF
SAID SOLEDAD CANYON ROAD; THENCE WESTERLY ALONG THE NORTHERLY LINE
OF SAID SOLEDAD CANYON ROAD TO A LINE THAT IS ,PARALLEL WITH AND
DISTANT WESTERLY 150.00 FEET FROM THE WESTERLY LINE OF SAID WHITES
CANYON ROAD; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL
LINE 150.00 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF
SAID SOLEDAD CANYON ROAD 150.00 FEET TO THE WESTERLY LINE OF SAID
WHITES CANYON ROAD; THENCE SOUTHERLY ALONG SAID LAST MENTIONED
WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
Doc. NO. D5042
Pages 908&909
SOLEDAD _
-o
50'
50
NORTH
EXHIBIT "B"
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+ CANYON .ROAD
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PROJECT PARCEL' SI -I
I EXXON CORPORATION, A NEW JERSEY CORPORATION
WILLDAN ASSOCIATES
NERS
ENGINEERS • PLANNERS
858 W. JACKMAN ST�STE.204
'SCALE, DLTE=
/=/CV'
DRAW BY FIELD
' LANCASTER,UL 93534
(805)945*8849
CNECKEO BY: 'dO8 N
Tc 1 -1
TOTAL SQUARE FEET.. 1450
ACREAGE OF TAKE 0.033
SKETCH FOR
RIGHT OF WAY
j DEDICATION