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Home My WebLink About1997-09-23 - AGENDA REPORTS - WESTON DEVELOP (2)City Manager Approval --'=---'d-- Item to be presented by: Lawrence P. Cushman PUBLIC HEARING DATE: September 23, 1997 SUBJECT: WESTON DEVELOPMENT ACQUISITION PROJECT II RESOLUTION NO. 97-94 DEPARTMENT: Transportation & Engineering Services 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 required that off-site easements (interests) for public street, public slope, and public drainage purposes be acquired. The off-site property in this case is owned by Fred S. and Alveria P. Sherburne. 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, ..." All costs of acquisition of the required easements will be borne by the developer, including the City's legal costs, attorney fees, and payment to the land owners. Weston has already performed on a part of their portion of the agreement, as certain park/library properties have already been dedicated to the City. Weston, as represented by Mr. John Ashkar, has provided the City with a record of its attempts to reach an agreeable price for the purchase of said easements. Negotiations between Weston and the owners have been unsuccessful. City Engineering staff and the engineers for the developer researched possible engineering solutions to retain the debris basin improvements and grading on-site. Due to the site topography, these engineering solutions were determined not feasible in this area. The developers obtained City Council approval, pursuant to the State Subdivision Map Act, for an agreement providing for the acquisition of such easements by the City by condemnation if negotiation was not successful. That. agreement was entered into and has been duly, executed. Pursuant to Section 7267.2 of the Government Code, an offer to purchase the easements proposed to be acquired has been timely mailed to the owners of the property. That offer has not been accepted. %Zwn AdDlenda Iten-kZ, WESTON DEVELOPMENT ACQUISITION PROJECT II September 23, 1997 - Page 2 It is necessary at this point to conduct a public hearing to consider the adoption by the City Council of a Resolution of Necessity which would authorize the filing of condemnation proceedings to acquire the easements. Notice of this hearing was given in the manner prescribed by law. An appraisal has been obtained for each of the easements sought to be acquired. Enclosed hereto are: (a) A brief summary of the appraisal reflecting the value utilized by the City in making the required offer to the property owners; and (b) Legal descriptions and a map depicting the location of the easements. After conducting the public hearing, if the City Council finds that public necessity so requires, the City Council should adopt the resolution authorizing condemnation proceedings for the purpose of acquiring the interests described in the draft of said resolution, attached. The development of the tract has been found consistent with the City's General Plan. CEQA has been complied with in respect to this proposed proceeding in that the City Council approved Negative Declarations by resolution. A notice of determination, with respect to those negative declarations, was posted in the manner prescribed by law. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the parcels are at an end. If the Council adopts the Resolution of Necessity after the hearing, staff will contact the property owners and assist the parties in their attempt to reach agreement on the amount to be paid for the property. Failing that negotiation process, the City Attorney will file the necessary condemnation actions to acquire the same. 1. City Council conduct the hearing, review the evidence presented, including this staff report and public comments, and close the hearing; and 2. City Council adopt Resolution No. 97-94, authorizing the commencement of eminent domain proceeding so as to acquire the interests in the real property for public use relative to off-site easements adjacent to Vesting Tentative Tract Map No. 46626. (Note: This requires a four-fifths (4/5) vote of the City Council.) Resolution No. 97-94 Appraisal Summary Exhibit "A" - Descriptions Exhibit "B" - Location Map WFW:IkI .unalk.97-94,wft RESOLUTION NO. 97-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA.CLARITA FINDING A DETERMINATION.THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (DRAINAGE FACILITIES AND SLOPE PURPOSES AND TEMPORARY CONSTRUCTION PURPOSES ADJACENT TO TRACT NO. 46626) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita (hereafter "City") hereby finds, determines and declares as follows: a. The public interest, convenience, and necessity require the acquisition by said City of certain interests ("Interests") in and to certain real property ("Property") located adjacent to the City, the County of Los Angeles, State of California for public use relative to public slope purposes and public drainage facilities and temporary construction purposes, and all uses appurtenant thereto to be located adjacent to Tentative Tract Map No. 46626 ('Project"); and b. The interests in real property to be acquired are.easements for public drainage and slope purposes and all uses appurtenant thereto, and for temporary construction purposes ("Easements") in, over, under, along, and across the real property described on Exhibit A, attached hereto and incorporated herein by this reference ("Property"); and c. The project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; and d. 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 et seq., and Section 40401 et seq. of the California Government Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other applicable law; and e. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property. SECTION 2. The City Council of the City hereby declares that it is its intention to acquire said easements 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 area of the easements has 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. RESOLUTION NO. 97-94 September 23, 1997 - Page 2 SECTION 4. Said easements hereinabove, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1. hereof, is located adjacent to the City of Santa Clarita, County of Los Angeles, State of California, and are more particularly described of Exhibit A. A .map showing the general location of the interests sought to be acquired in this proceeding is attached hereto, marked Exhibit `B," and incorporated herein by reference and made a part hereof. 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 easements. SECTION 6. The City Clerk shall certify the adoption of this resolution. SECTION 7. This resolution shall be effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of , '19—. MAYOR ATTEST: CITY CLERK RESOLUTION NO. 97-94 September 23, 1997 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do 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 Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK WFW:lkl w=dL\.97-94...9. Project: Easements for public drainage facilities and easements for slope and temporary construction purposes adjacent to Tract No. 46626.' Location: Adjacent to the City of Santa Clarita, see Exhibits A and B Assessor Parcel No.: 2802-002-004 Date of Valuation: May 22, 1997 Property Owners: Fred Sam Sherburne and Alveria Pearl Sherburne Property Description: See Exhibit A Zoning: AG Present Use: Vacant - Severe sloping topography Highest and Best Use: Drainage and slope purposes Easements to be Acquired: (1) Drainage Easement consisting of 3,681 square feet; (2) Slope Easement consisting of 9,520 square feet; and (3) Temporary Construction Easement consisting of 35,255 square feet, totaling 1.267 acres. Summary of Just Compensation: $6,000.00 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 appraiser 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. This summary of the basis of the amount offered as just compensation is presented in compliance with applicable laws and has been derived from a formal appraisal prepared by an independent fee appraiser. WFW:lkl enr&uhd%tr4fi626.wfw LEGAL DESCRIPTION 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 THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 16; THENCE 1. NORTH 75015'12" EAST 5.26 FEET; THENCE 2. NORTH 39002'07" EAST 48.73 FEET; THENCE 3. NORTH 60001147" EAST 31.99 FEET; THENCE 4. NORTH 5020'15" WEST 23.29 FEET; THENCE 5. NORTH 68°11'05" WEST 40.78 FEET; THENCE 6. SOUTH 89042'07" WEST 23.95 FEET TO THE WESTERLY LINE OF SAID NORTHEAST QUARTER; THENCE 7. ALONG LAST SAID LINE SOUTH 0017'53" EAST 93.39 FEET TO THE POINT OF BEGINNING. W'LY LINE OF N.E.1/4, N.W.1/4. SEC.i6 VESTING TENTATIVE TRACT MAP NO. 46626 N.W.1/16 COR SEC. 16 S.E.CORNER OF VESTING TENTATIVE TRACT MAP NO. 46626 SCALE: 1" = 100' PROPERTY OWNER: FRED S E ALVERIA P SHERBURNE POR. N.E.1/4. N. W.1/4. SEC. 16 T.4 N. , R.15 W. S. B. M. 0' 100' 200' GRAPHIC SCALE STORM DRAIN INLET PROPOSED EASEMENT LEGAL DESCRIPTION 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 16; THENCE 1. CONTINUING ALONG SAID WESTERLY LINE NORTH 00017153" WEST 352.11 FEET; THENCE 2. NORTH 89042'07" EAST 13.50 FEET; THENCE 3. SOUTH 1000'50" WEST 22.50 FEET; THENCE 4. SOUTH 38027'42" EAST 39.49 FEET; THENCE 5. SOUTH 1017'50" EAST 23.10 FEET; THENCE 6. SOUTH 24°08155" WEST 8.5.11 FEET; THENCE 7. SOUTH 24003'09" EAST 78.86 FEET; THENCE 8. SOUTH 13003158" EAST 53.27 FEET; THENCE 9. SOUTH 16°24'03" WEST 77.11 FEET; THENCE 10. SOUTH 89042'07" WEST 23.95 FEET TO THE POINT OF BEGINNING. W'LY LINE OF N.E.1/4. N.W.1/4. SEC.16 VESTING TENTATIVE TRACT MAP NO. 46626 N.W.1/16 COR SEC. 16 S.E.CORNER OF VESTING TENTATIVE TRACT MAP NO. 46626 SCALE: 1" = 100' PROPERTY OWNER: FRED S 6 ALVERIA P SHERBURNE POR. N. E.1/4, N.W.1/4, SEC. 16 T.4 N., R.15 W. S. B. M. PROPOSED GRADING EASEMENT 0. 100' 200' GRAPHIC SCALE LEGAL DESCRIPTION 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 445.50 FEET FROM.THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 16; THENCE 1. CONTINUING ALONG SAID WESTERLY LINE NORTH 0°17'53" WEST 200.04 FEET; THENCE 2. NORTH 61019'56" EAST 70.18 FEET; THENCE 3. NORTH 5035'23" WEST 22.01 FEET; THENCE 4. NORTH 40034'31" WEST 28.22 FEET; THENCE 5. NORTH 8°53'27" EAST 28.20 FEET; THENCE 6. NORTH 38°25'47" EAST 58.81 FEET;' THENCE 7. NORTH 78°42'32" EAST 47.28 FEET; THENCE 8. NORTH 7037'44" EAST 86.11 FEET; THENCE 9. SOUTH 88057'14" EAST 28.64 FEET; THENCE 10. SOUTH 19027'30" WEST 58.37 FEET; THENCE 11. SOUTH 20030'34" EAST 59.67 FEET; THENCE 12. SOUTH 16049'03" WEST 34.63 FEET; THENCE 13. SOUTH 83012101" WEST 49.42 FEET; THENCE 14. SOUTH 3046'34" EAST 99.14 FEET; THENCE 15. SOUTH 29029'24" WEST 53.97 FEET; THENCE 16. SOUTH 27004151" EAST 106.09 FEET; THENCE Debris Basin Easement Exhibit "A" 17. SOUTH 43040'17" WEST 19.70 FEET; THENCE 18. SOUTH 74003'02" WEST 87.06 FEET; THENCE 19. SOUTH 58040'35" WEST 31.83 FEET; THENCE 20. SOUTH 89042'07" WEST 13.50 FEET TO THE POINT OF BEGINNING. W'LY LINE OF N.E.1/4, N.W.1/4 VESTING TENTATIV TRACT MAP NO. 46E 0' 100' 0 GRAPHIC SCALE N.W.1/16 SEC S.E.CORNER OF VESTING TENTJ.._._ TRACT MAP NO. 46626 SCALE: 1" = 100' DEBRIS BASIN PROPOSED EASEMENT E.1/4, N.W.1/4. T.4 N., R.15 W. S.B.M. P-1zm%i OWNER: ALVERIA P SHERBURNE Q 0 0 m v C CL a w E I N C3 Lo W Y H CITY OF SANTA CLARITA Exhibit "B" �� I 1�—_� �• r _4n v!3,_.r-- fDM6Z'45 E � -1 LOCATION MAP Valend a �J 1 Ad to w„ f Lyonse'��ee�a'1 Avenue o Jyo PS map not to scale A