Loading...
HomeMy WebLinkAbout1997-08-26 - AGENDA REPORTS - WESTON DEV (2)AGENDA REPORT CONSENT CALENDAR DATE: August 26, 1997 City Manager Item to be pre Lawrence P. Cushman SUBJECT: WESTON DEVELOPMENT ACQUISITION PROJECT II, AGREEMENT APPROVAL DEPARTMENT: Transportation and Engineering Services BACKGROUND Conditional City approval was granted to Tentative Subdivision Tract No. 46626 in May 1990. This property is owned by Weston Development Corporation (Weston). Several of the conditions of approval require off-site easements (interests) for public street, public slope, and public drainage purposes to be acquired. Development agreements were recorded between Weston and the City in November 1991. The agreements bind the City to the terms and obligations specified. Section 6(d) of the agreements specifies that "In the event Developer is unable to acquire such easements or dedications by negotiation and upon a reasonable showing thereof, the City hereby agrees to acquire same by its power of eminent domain ..." Weston has already performed a part of their portion of the agreement, as certain park/library properties have already been dedicated to the City. Negotiations were not successful, so the developer wishes to obtain City Council approval, pursuant to the State Subdivision Map Act, for the attached agreement. This agreement provides for the City's acquisition of such easements by condemnation. The City will use its powers of condemnation to acquire the needed easements for the developer's project. The easements are needed for public use until the adjacent property is developed. The developer, Weston, will pay all costs associated with this process. These easements are for graded slopes adjacent to the subject property, and debris basins that will collect debris from adjacent rainfall runoff to prevent debris from entering the public storm drain system. RECOMMENDATION City Council approve and execute the agreement for the acquisition of offsite easements for debris basins, and slope grading for Vesting Tentative Tract Map No. 46626. IOU if�i k ende Iten-A WESTON DEVELOPMENT ACQUISITION PROJECT II August 26, 1997 - Page 2 ATTACHMENTS Location Map Agreement regarding Acquisition of Property by City Exhibit A - Legal Description Exhibit B - Easement Maps WFW:mmn council\WFMAGRE.WFW CITY OF SANTA CLARITA '1.'R?`Gl� s}Grlo'J_ia_ �` 11 r—il I I LOCATION MAP o� u 'anyon a Valenc' \ 'a In m m 4 Lyons 3d� ,a\\e�F� Avenue o ROa �e�OQg a �. map not to scale A 08/20/97 11:64 FAX 3104778519 .RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN To: City of Santa Clarita 23920 Valencia Blva., #300 Santa Clarita, California 91355 Attn: City Clerk AGREEMENT REGARDING ACQUISITION OP PROPERTY BY CITY This Agreement is made and entered into by and he.twpQn the City of Santa Clarita ("City"), a general law city, and Canyon View Partners, a California Partnership by Westwood Communities Corp. (collectively "Developer"). The parties hereby agree as follows: SECTION 1. Recitals. This Agreement is entered into With respect to the following. -facts: A. Developer is the current ownar in fee of certain.real property which is located in the city, and is included within the boundaries of Vesting Tantativa Tract Subdivicion Map No. 4GG2G ("Tract"); and B. In May of 1990, the City conditionally approved the Tract mubject to certain condition:, of approval set forth in Resolution No. 90-75 (collectively "Conditions"); and C. The Engineering section of the Conditions provides that Daysloper shall construct drainage debris basins and related slopes and dedicate the same to the City as shown on the maps for the.Tracto, as and for public uses specifled therein; and D. Developer has attempted in yccd faith, but has been unable to obtain certain of the necessaryrights of way and related easements for constructing drainage debris basins and related slopes, temporary construction, maintenance, and all other uses attendant, necessary and accessary thereto (collectively including those described in ParagraphE below, the "Interests") in and on real properties adjacent or reasonably proximate to the Tract as required by the Conditions. The legal descriptions of the Interests are contained in Exhibit A attached hereto and incorporated herein by this reference; and E. The Engineering Section of the Conditions provides that Developer is to perform certain grading operations to satisfy certain of the Conditions of the development of the Tract and to construct and thereafter dedicate to the City certain uxzusrrrzi -1- 2002 08/20/97 11:54 FAX 3104778519 improve2nenta such as storm drainage facilities. In order to do the grading, construction, installations and dedication as required Ly the Conditions, it is necessary for Developer to obtain easements for entry, grading, construction, maintenance, repair, temporary construction and equipment and materials storage, drainage and other attendant and necessary purposes (collectively, the "Easements") in and on real properties adjacent or reasonably proximate to the Tract; and F. Developer has in good faith attempted, but has been unable to obtain the necessary Easements to perform.the construction as required by the Conditions. Thccc Dacemento together with the Interests described in Paragraph D above are also collectively referred to as the "Interests." Maps showing the repaired Easements are set forth on Exhibit Bo attached hereto and incorporatAd horain by raforencel and C. The various easementm and rights of way referenced above, are collectively referred to as the "Interests"; and H. Government Code Section 66462.5 provides that a City and a cubdividar may, by agreement, provide for the acquisition of property interests from third parties by the city, where such interests arc r9quired to serve the public interust'and welfare and the property being subdivided; and I. It is the desire of the parties hereto to provide for the City's obtaining .the Interests, at Developer's sole cost and expense, in order to allow Developer to construct the inprovements, referred to in Recitals above, which are necessary to serve the Lots being created in the Tract. SECTION 2. Acquisition By Citi. A. on and after the effedtive date of this Agreement, city shall comAeitue and prosecute proceedings ("Proceedings,l) pursuant to Code of civil Procedure section 1230.010 at seq. ("Eminent Demain Law") utilizing the -legal services of the current City Attorney to acquire all of the Interests. Unless otherwise directed by Developer in writing, the City shall not commence proceedings until after September 1, 1997; and B. City shall be responsible to continuously advise Developer of the status of the Proceedings once filed pursuant to the provisions of this Agreement; and C. The parties understand and recognize that Developer may wish to continue to negotiate with owners of the various Interests to he acquired pursuant to this Agreement, following the commencement of the Proceedings by City pursuant heretoF Developer shall keep City fully advised as to the status of such negotiations and City shall terminate and abandon Proceedings as LA=-i17=a -2- 12003 08/20/97 11:54 FAX 3104776519 to particular Interests, if Developer is able to obtain the same by such negotiations; and D. City shall provide Developpr with copies of all Pleadings filed in the Proceedings and all other relevant documents, and, to the extent possible, City.chall give Developer three (3) days advance notice of the form and substance of intended material communication with any owner of Interests, all of which Developer shall keep confidential to the extent permitted by law; and E. The parties hereto agree and understand that all offers Of settlement made voluntarily or as nay be required by law, shall be so made, only with the prior consent of Developer; Developer shall promptly, upon receipt of a.City request for settlement approval, act upon such request and either approve the same or refuse such approval, as it deems appropriate based upon the appraisals obtained and Supplied to the City by Developer pursuant to Section 3 of this Agreement for the purpose of the Proceedings. The parties alse understand tnat as a part of the eminent domain process,. the City is obligated, at the tine of the mandatory settlement conference, to make statutory offers of settlement as described in the Eminent Domain Law, which offers shall not be made until approved as to amount by Developer as set forth above. If, for any reason, an offer made at such a mandatory settlement conference is subsequently found by a court to be unreasonable within the meaning of Section 1250.410 of the Eminent Domain Law, Deveioper shall, in addition to all of its other obligations pursuant to this Agreement, pay all court awarded litigation expenses promptly and in compliance with court orders issued relating thereto; and F. City shall keep Developer fully advised as to the status of the eminent domain proceedings and Developer shall have the right to instruct the city in writing that it elects not to proceed with and therefore causes the abandonment of the eminent domain action. In such an event, Developer shall, in addition to all -or its other obligations pursuant to this Agreement, pay all court awarded litigation expenses promptly and in compliance with court orders relating thereto. SECTTON 3. Payment by Developer. A. Developer shall reimburse the City for all costs incurred by the city in Connection with the acquisition of the Easements by the City, including but not limited to, administrative costs (which shall include but not be limited to City staff and overhead costs not to exceed $10,000 directly and exclusively applied to this condemnation, acquisition coat*, services of experts including attorney's fees, court costs, and all orders or judgmnnts_relating to awards made in condemnation, L=!14T2721 -3- 2004 08/20/97 11:54 FAX 3104778519 and all related coots and expensed incurred by City in the acquisition process ("Costs"); and B. Developer has provided or will provide the City with appraisals, preparad by qualified appraisers, suitable for use in an eminent domain proceeding, for each of the Interests to be acquired; and C. Developer shall deposit with the City the amount of $20,000. The deposit shall be utilized by City .to make any and all deposits in Court for the purpose of obtaining orders of immediate possession, and to reimburse the City for its expenditures for costs and services made in furtherance of the acquisition of the Easements; and D. The City shall account for all costs incurred and provide Developer with monthly status reports and statements periodically, but not less than once every three months, commencing after the effective date of this Agreement, relating to the acquisition process and each proceeding; and E. Developer shall, upcn demand of City, make ouch further deposits as necessary to maintain not less than $10,000 on Deposit at any time for payment of costs and focc, for professional services. SECT201T 4. Entire eement. This Agreement constitutes the entire understanding between the parties hereto with respect to the acquisition oC Easements by the City, superseding all negotiations, prior discussions, and preliminary agrAmments or underetanding3,.whether aral or written. SECTION S. Amendment. This Agreement may not be amended except in writing by the Parties hereto or their successors ul. dssigns. SECTION 6. Aoalioable Ldw. The terms of this Agreement shall be construed in accordance with California law and shall not he construed for or against either party by reason of the authorship of this Agreement. The section headings are fcr purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement. EAMJ17M1 -4- la 003 08/20/97 11:54 FAX 9104778519 SECTION 7, Notices, All notices with respect to this Agreement, or concerning matters arising out of this Agreement, shall be in writing and shall be given by personal service, or by deposit of the same in the custody of the United States Postal Service or its lawful successor, as registered mail, postage prepaid, return receipt requested, addressed to the respective parties as follows: With a copy to: with a copy to: Weston Development Corp. 10960 Wilshire-Boulavard suite 22;50 /96ed Los Angeles, CA 90024 Attn: Herbert Schaffer, Chairman Westwood Communities Corp. 10960 Wilshire Boulevard Suite "�*= /5740 T,os Angeles, CA 900..4 Attn: John A. Ashkar, President Charles W. Cohen, Esq. Cohen, Alcxander & Clayton A Professional Corporation Ono 9oardwalk, suite 102 Thousand Oaks, CA 91360 City of Santa Clarita 23920 Valencia Buulevard Suite 300 Santa Clarita, CA 91355 Attn: Anthony J. Nisich, City Engineer Carl K. Newton, City Attorney Burke, Williams & Sorensen 611 West Sixth Street suite 2500 Los Angeles, CA 90017 Either party may change its address for service hereunder by serving written notice on the other in the manner provided herein. Notices shall be deemed given on the date of personal service of two (2) consecutive calendar days following deposit of the same in the custody of the Postal service. ,.rule MI -5- 1Z 006 08/20/97 11:54 FAX 5104778519 _ . ZI007 W218=.I SE M ON 8W Arbitration. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arioing out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the state of California or other qualified person the Parties mutually agree upnn. The claim or dispute being arbitrated shall be resolved in accordance with California law. The arbitration proceedings shall be governed by the laws and procedures gavPrning civil judicial proceedings in this State. Each party shall comply with all applicable laws relating to binding and Compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator" if within the scope or the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law, The Arbitrator shall be selected in the following manner: (1) The party initiating the arbitration ("Initiation Party") shall prepare and submit to the other party a list (""List") containing the names of not to exceed three (3) retired Superior court Judges all of whom the Initiating Party -believes are qualified to serve as Arbitrator. The names or the judges on the List shall be numbered consecutively. (2) The party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one (1) name from the List. (3) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired Judge on the List with the lowest numher next to hie name, unless that judge's name was stricken during the ten (10) day period by the non -initiating party. (4) If, for any reason, the retired judger. t designated ahe Arbitrator is unwilling or unable to serve as the Arbitrator,the judge on the 7.iGt with the next lower number whose name was not stricken shall be the Arbitrator. In the event that nnne of the three retired judges named on a List, are willing or able to -6- 06/20/97 11:54 FAX 3104778519 carve as the Arbitrator, the initiating Party shall Prepare and submit a new List, containing the names of not to exceed three -(3) different retired judges, and the above described procedure shall be followed until nn Arbitrator is selected. Each party hereto agrees to pay one-half of the compensation to be paid to the Arbitrator, and except as otherwise.nxpressly Provided herein, each party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneyci feeo and related costs. By way of illustration, if the List served by the initiating Party, upon the other party, has the names of throe (3) retired Judges, A, B, and C, numbered•l, 2 and 3 respectively; and number 1 is stricken, then 8, Number 2, shall be deemed, for all Purposes, to be the selected Arbitrator. in the event of Arbitration, each party agrees to advance ones -half of the estimated Compensation to be paid to the Arbitrator prior to the commencement of the Arbitration, provided, however, that the party prevailing in the Arbitration shall be entitled to a binding award by the Arbitrator of all of its attorneys' fees and all of the customary arbitration costs, including all of the fees paid to the Arbitrator, and expenses incurred in the conduct of the Arbitration. ON q Ser iceda£ Cov sel. Each of the parties hereto have had the services of counsel in the negotiation for, and the preparationof, this Agreement. SE ON 10. Effective Date. The gffective data of this Agreement shall be , 1997. uu:l%rzrzl -7- Q. 008 08/20/97 11:54 FAX 0104778519 The parties have duly executed this Agreement. CITY OF SANTA CLARITA Dated: By: -- Mayor ATTEST City Clerk CANYON VIEW PARTNERS, a California Partnership, by Westwood Communities Corporation, a Calif is Corporation 60*%" d '.�.• Dateds Hy5. / Agh1.'a , Presient LAXL''187Z 1 _a 12 009 08/08/97 FRI 15:27 FAX 213 238 2700 BPRFE WILLIMIS 11 010 Ij SiKAND Engineering Planning Surveying 15230 Burbank 9Md, Van Nuys. CA a 1411 TaiaphowN191787•0550 (2131873.8883 Sheet No. 1 of t Written by LLOYD PILCHEN Date 2-14-97 Work Order N0. 5088.28C Checked by Date Description No. 6005 Client WESTON COMMUNITIES Area LEGAL DESCRIPTION GRADING EASEMENT EX111BIT "A' THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT U.S. LAND OFFICE, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID NORTHEAST QUARTER, DISTANT NORTHERLY THEREON 93.39 FEET FROM THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 10; THENCE 1. CONTINUING ALONG SAID WESTERLY LINE NORTH 00D17+5311.WEST 352.11 FEET; THENCE 2.. NORTH 89042'07// EAST 13.50 FEET; THENCE 3. SOUTH 1#00'50" WEST 22.50 FEET; THENCE 4. SOUTH 38027142" EAST 39.49 FEET; THENCE S. SOUTH 1017150" EAST 23.10.FEET; THENCE 6. SOUTH 24.08055" WEST 85.11 FEET; THENCE 7. SOUTH 24003'09" EAST: 78.86 FEET; THENCE B. SOUTH 13003058" EAST 53.27 FEET; THENCE 9. SOUTH 16024103" WEST 77.11 FEET; THENCE 10. SOUTH 89642'07" WEST 23.95 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" 08/08/97 FRI 15:28 FAX 213 236 2700 0 SIKAND ® Engineering Marione Surveying 16230 Burbank Blvd. Van Nuys, CA 61411 Tslsphone:18181 7874660 1213► 873.6863 Wditerl by Checked by Client LLOYD PILCHEN BtMKE WILLIAMS 0 011 Sheat No. 1 of 1 Date 2.14.97 Work Order No. 5088-28C Date Description No. 6004 WESTON COMMUNITIES Area LEGAL DESCRIPTION STORM DRAIN ItiLETT E ES MEN EXHIBIT "A" THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ACCORDING TU THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT U.S. LAND OFFICE, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT THE NORTHWEST SIXTEENTH CORNER Ok'SAID SECTION 16; THENCE 1. NORTH 7541511211 EAST 5.26 FEET; THENCE 2. NORTH 3990210711 EAST 48.73 FEET; THENCE 3. NORTH 60°01147" EAST 31.99 FEET; THENCE 4. NORTH 5020fl5^ WEST 23.29 FEET; THENCE S. NORTH 68.11105" WEST 40.78 FEET/ THENCE- 6: SOUTH 89.42107" WEST 23.95 FEET TO THE WESTERLY LINE OF SAID NORTHEAST QUARTER; THENCE 7. ALONG LAST SAID LINE SOUTH 0017153" EAST 93.39 FEET TO THE POINT OF BEGINNING. 08/A6i97 FRI 13:26 E4I 213 236 2700 KIM WILLI.499 [molt SIKAND E"p'wrr[Fli Shnat No. 1 7f,1 wBYn9 SurrBYln9 f 67308urbB.4t 9Wq. Yon NuW. C: 91411 T9N9hBna st6) 78-6660 12t3) 973.9747 Wrlign h3. LLOYD PILCHEN Date 2.14-97 Work Order Na.. 608848C Ch6k4d EY Drt4 D964riptien No. 6000 Client WESTON COMMUNITIES Area LEGAL DESCRIPTION 1 A EMC9N'j' EXHIBIT 'A' THAT PORTION OF THE NORTHEAST QUARTER OF THE NONTIIWEST QUARTER OF SECTION 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN TNT COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACOURDIHO TO THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT V.S. LAND OFFICE, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE WESTERLY Id NE OF SAID NORTHEAST QUARTER, DISTANT NORTHERLY THEREON 44S.5a FEET FROM. THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 161 THENCE 1. CONTINUING ALONG SAID WESTERLY LINE NORTH 0.17053" WEST 200.06 FEET; THENCE 2. -NORTH 6181905tS" LOAST 70.18 FEET; THENCE 3. NORTH 5.35'23" WEST 22.01 FEET; THENCE 4. NORTH 40^14.31' WEST 28.23 FEET; THENCE 5. NORTH 60571027" EAST 28.20 FEET;. THENCE 6. NORTH 19'2S'47" EAST 58.81 FEETI THENCE 7. NORTH 78'42'32" EAST 47.28 FEET; THENCE . S. NORTH '1.37046" E43T 56.11 FEET; THENCE 9. SOUTH Ue'57.14" EAST 28.64 FEET; THENCE 10- SOUTH 19027030" WEST 58.37 FEET; THENCE ti- SOUTH 20°30'34" EAST 59.67 FEETj THENCE 12. SOUTH 16849003" WEST 34.63 FEET; T111&NCH 13. SOUTH 83.12001" WEST 49.42 PEET; THENCE 14. SOUTH :0.40'74" EAST 99.14 FEET; THENCE 19. SOUTH 29'29024" WEST 53.97 FEET; THENCE 16. SOUTH 27.04051" EAST 106.09 FEET] THENCE 17. YOUTH 43.40.17" WEST 19.70 FEET; THENCE 10. SOUTH 74003'02" WEST 87,06 FEET; THENCE 19. SOUTH 58"4D'35" WEST 31.03 FEETI THENCE 29: SOUTH 89642007" WEST 13.50 FEET TO THE POINT OF BEGINNING 08/08/97 FRI 15:29 FAX 213 298 2700 BUM WILLIAMS 2013 1Q0' 200' GRAPHIC SCALE N.W.1/16 COR SEC. IS SCALE: 1" = 100' POR. N. E.1/4, N. W.1/4. SEC. 16 T.4 N., R.15 W. S.B.M. GRADING PROPOSED EASEMENT SIKRND ENGINEERING RSSOCIRTES CONSULTING ENGINEIR9 ® /Slkend/5088-28/mopping/lege1.6004ff FEB 1997 EXHIBIT "B" 08/08/97 FRI 15:29 FAX 213 238 2700 BI'RLE WILLIAMS 2014 o' 100' 200' GRAPHIC SCALE SCALE: i" = lOD' POR, N.E.1/4, N, N.1/4, SEC. 16 T.4 N., R.15 W. S.B.M. STORM DRAIN INLET PROPOSED EASEMENT N.W.3/16 COR SIItpND ENGINEERING FISSOCIATES SEC, 16 CONSULTING ENGINEERS © /slkend/5088-88/mapping/lege1.60041f- FEB 1997 08/08/97 FRI 15:30 FAX. 213 236 2700 BURKE WILLIAMS 0' 1004 200 GRAPHIC SCALE N.W.1/16 CDR SEC. 16 SCALE DEBRIS BASIN 10POSED EASEMENT 0 015 E.114, N.K 1/4 SEC. 16 T.4 N., H.15 W. S.6.M. SIKAND ENGINEERING ASSOCIATES CONSULTING ENGINEERS 1,wr1N /Slkand/5088-2e/mapping/legal.6004rf F6® 1997