HomeMy WebLinkAbout1995-04-11 - AGENDA REPORTS - SCRIVER TRAIL EASEMENTS (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
City Manager Approv:
Item to be presented
Rick Putn Y' I
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. A Right
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:
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 Trail 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.
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 (4/5) vote of the City Council.)
Resolution No. 95-40
Resolution No. 95-39 (Resolution of Necessity)
REP:RJL.dis
council /ogserms.rjl
RESOLUTION NO. 95-32
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.
& 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.
SON 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 day of , 19.
MAYOR
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 day of
, 19, by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
lo►:�•u: Y
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 comer of said parcel 2 of instrument no. 81-25212; thence South 0°07'31" east 416.90 feet
to the true point ofbegi^ning, thence South 0°07'31" 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 20°26'36" West 193.46 feet to the easterly prolongation of the southerly line
of the northeast 1/4 of said southwest L4 of section 21; thence along said southerly line South 89"1716"
West 1169.21 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°06'46" West on map of tract no. 40583 as per map recorded in book 1040,
page 86.
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 parcel 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 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; thence South 0'07'31" 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 78028'40" East 306.51 feet to beginning of a tangent curve, concave
southerly and having a radius of 1275 feet; thence easterly along said nave through a central angle of
10°08'15", 225.59 feet; thence tangent to said curve North 88°36'55" East 40.00 feet thence North
43'36'55" East 2121 feet; thence North 1°23'05" West 12.00 feet thence North 88'36'55" East 58.30 feet
to the Northwesterly line of Sierra Highway, 100 feet wide as described in deed recorded in bmk 2668:1,
page 65; thence along said northwesterly line South 2002636" 59.64 feet to the southeasterly corner of
said aforementioned parcel 1; thence along the southerly lines of said parcel 1 following courses; North
88'06'04" West 190.98 feet; South 72'18'09" West 446.07 feet to the southwesteriy corner thereof, thence
along the westerly line of said parcel 1, North 0.0731" West 68.88 feet to the 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 0'06'46" West on map of tract no. 40583 as per map recorded in book 1040,
page 86.
EXHIBIT A (2)
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EXHIBITB
Project: Easements - Santa Clara River Bike Trail
Location: City of Santa Clarita, County of Los Angeles
Assessor's Parcel Nos.: 2803-028-007 and 2803-028-008
Date of Valuation: January 18, 1995
Owner(s): PPA Asset Holding One, L.L.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
Summary 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 summary of the basis of the amount offered as just compensation is presented in
compliance with Federal and State laws and has been derived from a formal appraisal prepared
by an independent fee appraiser which includes supporting sales data and other documentation -
r
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 7. The City Council of the City of Santa Clarity ("City") hereby finds,
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 ("EIR").
& 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 Clarity at a regular
meeting held on the day of '19—.
MAYOR
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 day of
, 19_, by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
City of
Santa Clarita
23920 Valencia Blvd..
Phone
Suite 120
(805) 255-4910
City of Santa Clarita
Fax
California 91355-2196
(805) 255-1996
March 23, 1995
Mr. Victor J. Coleman, President
PPA Asset Holding One, L.L.C.
Pacific Park Associates Management Group
9107 Wilshire Boulevard, Suite 200
Beverly Hills, CA 90210
Dear Mr. Coleman:
Enclosed please find a Notice of Hearing regarding Assessor Parcel
Nos. 2803-028-007 and 2803-028-008 in the City of Santa Clarita.
If you have any questions, please call me at (805) 255-4945.
Director
Parks, Recreation, and Community Services
REP:cac
piandev\notice.rep
Enclosure
cc: I.5 a Grmdey,Uty Clerk
David Gernsbacher, Gernsbacher & McGarrigle
PRINTED ON RECYCLED PAPER
NOTICE OF HEARING
NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF SANTA CLARITA, A GENERAL LAW CITY, TO
ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
CERTAIN INTERESTS IN AND TO CERTAIN REAL PROPERTY LOCATED
IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA
TO: PPA ASSET HOLDING ONE, L.L.C., a Nevada limited liability company '
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., 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 certain interests
("Interests") in and to certain real property, for pedestrian, biking and equestrian trail
purposes for use by the general public and all uses appurtenant thereto, which Interests are
described on Exhibit A, attached hereto and incorporated herein by this reference.
The hearing will be held on April 11, 1995, at 7.30 p.m., or as soon thereafter as the
City Council can hear said matter, at the Council Chambers, located at 23920 Valencia
Boulevard, Suite 300, Santa Clarita, California 91355.
NOTICE OF HEARING, Page 2
You as a person claiming or having an interest in and to the Interests are
hereby notified that you have the right to appear and be heard on the issues to be
considered at that hearing.. The 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, Suite 300, Santa Clarita, California 91355; telephone (805) 259-2489.
NOTICE OF HEARING, Page 3
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 City Hall.
City Clerk
NOTICE OF HEARING, Page 4
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY.
Name Telephone
Date
Signature
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