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HomeMy WebLinkAbout1995-05-23 - AGENDA REPORTS - SCRIVER TRAIL EASEMENT (2)CONSENT CALENDAR DATE: May 23, 1995 SUBJECT: Santa Clara River Trail Easement Item to be presented i Rick Pujj am 5 S \� DEPARTMENT: Parks, Recreation, and Community Services BACKGROUND The Parks, Recreation, and Community Services Department, under the direction of the Santa Clara River Water and Recreation Features Study and the City's General Plan, has begun construction of the Santa Clara River Trail. The first phase began construction in spring 1994, This section starts 300 feet east of the Soledad Canyon Road bridge and travels eastward toward the Sierra Highway bridge. Acquisition of the parcel referenced as the Granada Villa site was necessary in order to continue the trail system, The prior history regarding the negotiations between the owner and the City was described in a staff report presented to the City Council on April 11, 1995. At this meeting, the City Council authorized the commencement of eminent domain proceedings to acquire the interests. A copy of this agenda report is attached. Subsequently, an agreement has been reached between the owner and the City without the need to enter into eminent domain proceedings. A consideration of $7,500 has been reached for interest in the easement. Although this exceeds the fair market value, the cost of extended litigation in pursuing eminent domain would have exceeded this amount. The Easement Deed and Exhibits A.B;C, and D are available in the City Clerk's reading file for City Council review The City Council find that extenuating circumstances with this property justify a payment of more than 10 percent of the appraisal value to ensure acquisition and to avoid extended litigation costs; 2. Review and approve the Easement Agreement, Authorize staff to purchase the easement interest for a total consideration of $7,500; and APPROVED Agenda Item:__ Santa Clara River Trail Easement May 23, 1995 Page 2 4. Direct staff to open an escrow with Chicago Title within five working days of the execution of the easement by the Mayor. City Council Agenda Report for April 11, 1995 REP:RJL.dis wunciI1 vzU"w.rjl NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approval , '�7& Item to be presented 6y: Rick Putn Y" LY April 11, 1995 Santa Clara River Trail Easements Parks, Recreation, and Community Services The Parks, Recreation, and Community Services Department, under the direction of the Santa Clara River Water and Recreation Features Study and the City's General Plan, has begun construction of the Santa Clara River Trail. The first phase began construction in spring 1994. This section starts 300 feet east of the Soledad Canyon Road bridge and travels eastward toward the Sierra Highway bridge. The project will be significantly enhanced by the acquisition of additional right-of-ways over two parcels owned by Pacific Park Associates (PPA), a Nevada limited liability company. These parcels, located just west of Sierra Highway, extend from the middle of the Santa Clara River north to Soledad Canyon Road. The portion of the parcels from the river levee to Soledad Canyon Road consists of the Granada Villa Mobile Home Park. The portion from the levee to the middle of the river is the portion needed to continue the trail eastward. Staff, with the assistance of a right-of-way consultant, contacted the owners in December 1993. The owners advised the City that the park was entering into escrow and that they would not be interested in negotiating an easement for the bike trail at that time. Escrow was scheduled to close on January 18, 1994. Due to the January 17 earthquake, the escrow closing was extended to May 1994. When the sale was completed, staff began negotiations with the representative from PPA. ARight to Enter Real Property document was drafted, reviewed and approved by PPA, and executed by the City so that construction could begin and be completed prior to the rainy season. The next step was to prepare an easement to be approved by PPA for approval and acceptance by the City Council. Easement negotiations and agreement language had been agreed upon by both parties and submitted to the City Council for approval at its regularly scheduled meeting on September 27, 1994. Upon Council approval, staff submitted the easement and use agreement to PPA for final signature. At this time, PPA refused to enter into an agreement providing the City the necessary trail easements and demanded that the City cease construction of the trail. The City reinstalled the rip rap slope to protect the mobile home park from winter flooding and stopped all trail construction within this property. Adopted: y -=s Agenda Item: Santa Clara River Trail Easements Page 2 A determination was made that the trail easements are necessary for the construction and operation of the Santa Clara River Regional Trail. Staff obtained a formal appraisal of the property which is necessary in the eminent domain process. A written offer was submitted to Victor Coleman, President of Pacific Park Associates. On March 23, 1995, Victor Coleman acknowledged that the offer had been received. Preliminary negotiations have not been successful. If the City intends to proceed with the project, findings can be made to adopt a Resolution of Necessity to condemn easements (Interests). Adoption of Resolution No. 95-40, finding that no further environmental documentation is required under the California Environmental Quality Act, and adoption of Resolution No. 95-39 (Resolution of Necessity) represent the final steps before proceeding with condemning the Interests. Notice of this hearing was given in the manner prescribed by law and receipt of offer and hearing has been acknowledged by owner. Appraisals have been obtained for each of the Interests sought to be acquired. Attached as part of Resolution No. 95-39 are: a. A brief summary of the appraisals reflecting the values utilized by the City in making the required offers to the property owners; and b. A map depicting the location of the easements for purposes of such acquisition. After conducting the public hearing, if the City Council finds that the public necessity so requires, the City Council should adopt the resolution authorizing condemnation proceedings for the purpose of acquiring the Interests which are described in the draft of the said resolution, attached. The portion of the projects proposed to be acquired by condemnation is required by the public interest and necessity. The project is called for in the Santa Clara River Water and Recreation Features Study and in the City's General Plan (which are available for review in the City Clerk's office), and provides a regional system of trails. The Interests are required for the purpose of providing a pedestrian, biking, and equestrian trail for use by the general public and all uses appurtenant thereto. The development of the Santa Clara River Trail project (including the acquisition of the Interests to serve the same) has heretofore been approved by the Planning Commission and the City Council, and has been found to be consistent with the City's General Plan by the Planning Commission. The California Environmental Quality Act has been complied with in respect to this proposed proceeding in that a final Environmental Impact Report (EIR) for the Santa Clara River Trail was certified on February 1, 1994. The portion of the project currently proposed to be acquired by condemnation has been inspected by City staff familiar with the project and with the EIR.. (1) The project remains the same as it was described in the EIR; (2) No changes have occurred in the circumstances under which the project is undertaken, either with respect to new environmental effects or a substantial increase in the severity of previously identified significant effects, since the adoption of the EIR; Santa Clara River ?rail Easements Page 3 (3) No new information has been discovered which would affect the conclusions of the EIR regarding environmental effects or mitigation measures. City staff has conducted monthly investigations of the project site since adoption of the EIR and has found no environmental changes to the project. Therefore, no further environmental documentation is required. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the parcels are concluded. Whether or not the City Council adopts the Resolution of Necessity after the hearing, staff will contact the property owner and attempt to reach agreement on the value to be paid for the property in question. Failing that negotiation process, the City Attorney will file the necessary condemnation actions to acquire the Interests if the Resolution of Necessity is adopted. RECOMMENDATION 1. Conduct a hearing, review the evidence presented, including this staff report, Santa Clara River Water and Recreation Features Study, Environmental Impact Report, and public comments, and close the hearing; and 2. Determine whether the requisite findings can be made to adopt the attached Resolution No. 95-40, finding no further environmental documentation is required under the California Environmental Quality Act beyond the final Environmental Impact Report for the Santa Clara River Trail project; and 3. Determine whether the requisite findings can be made to adopt the attached Resolution No, 95-39, authorizing the commencement of eminent domain proceedings so as to acquire the Interests. (Note; This requires a FOUR. -FIFTHS (415) vote of the City Council.) Resolution No. 95-40 Resolution No. 95-39 (Resolution of Necessity) REP:RJL.dis council l agscrtes. ril RESOLUTION NO. 95-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA'FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN INTERESTS FOR PUBLIC PURPOSES (SANTA CLARA RIVER TRAIL PROJECT, PROJECT NO. 99-018) SECTION 1. The City Council of the City of Santa Clarita ("City") hereby finds, determines, and declares as follows: A. The public interest, convenience, and necessity require the acquisition by said City of easement interests ("Interests") in and to certain real property ("Property") located in the City of Santa Clarita, County of Los Angeles, State of California for the purpose of providing a pedestrian, biking, and equestrian trail for use by the general public, and all uses appurtenant thereto, for the Santa Clara River Trail Project, Project No. 99-018 ("Project"); and B. The Project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; and C. The taking of the Interests as above described is necessary for the stated Project and such taking is authorized by Section 19, Article I of the California Constitution, Section 37350.5 of the California Government Code, Section 1230.010 et seq, of the California Code of Civil Procedure, and other applicable law; and D. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the Interests proposed to be acquired by the City. E. The Planning Commission of the City certified the final Environmental Impact Report for the Santa Clara River Trail Project on February 1, 1994, and no further documentation is required. SECTION 2. The City Council of the City hereby declares that it is its intention to acquire said Interests 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 Interests have been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses. SECTION 4. Said Interests hereinabove referred to, 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 are Resolution 95-39 Page 2 more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, as set forth in full. A map showing the general location of the Interests sought to be acquired in this proceeding is also included as part of Exhibit A. An Appraisal Summary, marked Exhibit B, is also incorporated herein. SECTION 5. The City Attorney and the firm of Burke, Williams & Sorensen, as special counsel, under the direction of the City Attorney, 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 said Property described in Section 4. SECTION 6. The City Clerk shall certify the adoption of this Resolution. SECTION 7. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the 11th day of Ayri 1 11995 . LI IiEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarity at a regular meeting thereof, held on the 11th day of April '1995 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS Heidt, Smyth, Boyer, Pederson, Darcy None ABSENT: COUNCILMEMBERS None RESOLUTION NO. 95-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA FINDING NO FURTHER ENVIRONMENTAL DOCUMENTATION IS REQUIRED UNDER CEQA FOR ACQUIRING CERTAIN INTERESTS IN PROPERTY IN FURTHERANCE OF THE SANTA CLARA RIVER TRAIL PROJECT, PROJECT NO. 99-018 SECTION 1. The City Council of the City of Santa Clarita ("City") hereby fords, determines, and declares as follows: A. On February 1, 1994, the Planning Commission of the City of Santa Clarita certified the final Environmental Impact Report prepared for the Santa Clara River Trail, Project No. 99-018 CEIR"). B. City staff conducted a diligent investigation comparing the conditions that were in existence at the time of the certification of the EIR with the current conditions, and the results of the investigation are detailed in the staff report presented in this matter. C. The Santa Clara River Trail, Project No. 99-018 ("Project") remains the same as it was described in the EIR. D. No changes have occurred in the circumstances under which the Project is undertaken, either with respect to new environmental effects or a substantial increase in the severity of previously identified significant effects, since the adoption of the EIR. E. No new information has been discovered which would affect the conclusions of the EIR regarding environmental effects or mitigation measures. SECTION 2. The City Council of the City hereby resolves that no further documentation is required under the California Environmental Quality Act before the City acquires certain property interests because such acquisitions were considered in the EIR and are necessary to pursue the Project as described in the EIR, PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the 11th day of April '1995 . � MAYOR ATTEST:Aif.' r-)/ ITY CLERK Resolution 95-40 Page 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 11th day of Aori 1 , 19 95_, by the following vote of the Council: AYES: COUNCILMEMBERS Heidt, Smyth, Boyer, Pederson, Darcy NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None i 30.4"11' I FGA D ^RTEZION FOR RIKE PATH EASEMENT NEAg RTFRRA RTGHWAY OVER A P x • 2803-028-007 That portion of lot 6 and that portion of the Northeast 1/4 of the Southwest 114, all in Section 21, T 4 N, R 15 W, S.B M., according to the official plat of said section, filed in the district land office on May 29, 1901, described as follows: The following is portion of parcel 2 as described in deed recorded as instrument no. 81-25212 on January 12, 1981. Commencing at the southeast corner of lot 1, tract no. 21987. in the city of Santa Clarita, county. of Los -Angeles, state of California, as per map filed in book 642, pages 82 to 84 inclusive, of maps: thence along the southerly line of said tract no. 21987, South 87'32'51" West 260.04 feet; said point being the most northeasterly corner of said parcel 2 of instrument no. 81-25212; thence South 0"0731" east 416.90 feet to the true point of beginning, thence South 0'0731" East 68.88 feet; thence North 72'18'19" East 446.07 feet; thence South 88.06'04" East 190.98 feet to the northwesterly line of Sierra Highway, 100 feet wide, as said Sierra Highway is described in deed recorded in book 15583, page 65 official records; thence along said northwesterly line South 20926'36" West 193.46 feet to the easterly prolongation of the southerly line of the northeast 1/4 of said southwest 1/4 of section 21; thence along said southerly line South 89'1716' West 116921 feet to the westerly line of land described in book 6614, page 259 of deeds, records of said county, thence along said westerly line North 0`09'10" West 13.64 feet; thence North 84011'59" East 50.76 feet; thence North 78"26 21" East 582.05 feet to the true point of beginning. The basis of bearings for the above description are based upon the easterly line of the southwest 1/4 of section 21 shown as North 0°0646" West on map of tract no. 40583 as per map recorded in book 1040, page 86. T.FGAT. T),SCREMON FOR RTKE PATH .ASF•MENTP NEAR SIERRA HIGHWAY OVER A P M-: 2803-028-008 That portion of lot 6 and that portion of the Northeast 1/4 of the Southwest 1/4, all in Section 21, T 4 N, R 15 W, S.B.M., according to the official plat of said section, filed in the district land office on May 29, 1901, described as follows: The following is portion of panel 1 as described in deed recorded as instrument no. 81-25212 on January 12, 1981. Commencing at the southeast corner of lot 1, tract no. 21987, in the city of Santa Clarita, county of las Angeles, state of California, as per map filed in book 642, pages 82 to 84 inclusive of maps; thence along the southerly line of said tract no. 21987, South 8703251" West 260.04 feet; thence South 0'0731" East 416.90 feet to the true point of beginning; said point being on the westerly line of said parcel 1 of instrument no. 81-25212; thence North 78'28'40" East 306.51 feet to beginning of a tangent carve, concave southerly and having a radius of 1275 feet; thence easterly along said cave through a central angle of 10'08'15 225.59 feet; thence tangent to said curve North 88'3655" East 40.00 feet; thence North 43'36'55" East 2121 feet; thence North 1"23'05" West 12.00 feet; thence North 88'3656" East 58.30 %et to the Northwesterly line of Sierra Highway, 100 feet wide as described in deed receded in book 16683, page 65; thence along said northwesterly line South 20026'36" 59.64 feet to the soadwastaiy corner of said aforementioned parcel 1: thenrt along the southerly lines of said parcel 1 Ubwiog courses; North 88'0604" West 19098 feet; South 72'18'05' West 446.07 feet to the southwesterly corner there4 thence along the westerly tine of said parcel 1. North 0.0731" West 68.88 feet to the point of begirming. , The basis of bearings for the above description are based upon the easterly line of the southwest 1/4 of section 21 shown as North 0'0646" West on map of tract no. 40583 as per map recorded in book 1040, page 86. EXHIBIT A (2) I L----------------- GA -------------- -------------- -� { { { I I GA M~ 0004 t WT OF SUM .r CMfTA I _. - i c'4 I I mor L I N { 4 I � i I --------------- GA M~ 0004 t WT OF SUM .r CMfTA I _. - i EXHIBIT B Project: Easements - Santa Clara River Bike Vail Location: City of Santa Clarita, County of Los Angeles Assessor's Parcel Nos.: 2803-028-007 and 2803-028-008 Date of Valuations January 18, 1995 Owaer(s): PPA Asset Holding One, LL.C., a Nevada limited liability company Property Description: See Exhibits A and B Zoning: RM (Residential Moderate) Present Use: Vacant Highest and Best Use: Open space in conjunction with adjacent mobile home park Total Property Area:. 148,813 gross sf(3.42 gross acres) Interests to be Acquired: Easements for a pedestrian., biking, and equestrian trail for use by the general public and the construction and maintenance thereof S,,,.,,.,ary of Just Compensation: The market value of the property being acquired is based upon a market value appraisal prepared in accordance with accepted appraisal procedures. The valuation of your property has been based upon an analysis of recent sales of similar properties in the immediate area The appraisal has given full and careful consideration to the highest and best use for development of the property and to all features inherent in your property affecting its market value. Total Value: $5,500.00 This summar� of the basis of the amount offered a s just compensation is presented mi 006001 094-16 10.9 IN