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HomeMy WebLinkAbout1997-04-08 - RESOLUTIONS - PROPERTY ACQUISITION (7)RESOLUTION NO. 97-31 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 CERTAIN PROPERTY FOR PUBLIC PURPOSES (RAILROAD AVENUE IMPROVEMENT PROJECT AND NEWHALL METROLINK STATION PROJECT) THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA does hereby resolve as follows: 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 certain real property ('Property") hereafter described, which is located in the City for Metrolink Station and public street purposes and all uses appurtenant thereto ('Project"); and B. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and C. The taking of the Property is necessary for the stated Project and such taking is authorized by Section 19, Article I of the California Constitution, Section 37350 et sea. and Section 40401 et sea., of the California Government Code, Section 1230.010 et seg., of the California Code of Civil Procedure, and other applicable law; and D. The offers to purchase required by California Government Code Section 7267.2 have been made to each owner of the Property proposed to be acquired by the City. SECTION 2. The City Council of the City hereby declares that it is its intention to acquire the Property in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures, for Metrolink Station and public street purposes, and all uses appurtenant thereto. SECTION 3. That if any portion of the Property has been appropriated to some public use, the public use to which they are to be applied by the City, as described above, are more necessary and paramount public uses. SECTION 4. The acquisition of the Property 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 is more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, as set forth in full. SECTION & 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, APPROVED AND ADOPTED this 8th day of Apri.1 , 1997 . j OR ATTEST: 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 April 1997 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BEJ:vjj enpdtl \96066\rttilm.pn Heidt, Kl.ajic, Darcy, Boyer, Smyth Clone None CITY CLERK CITY CLERK 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 April 1997 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BEJ:vjj enpdtl \96066\rttilm.pn Heidt, Kl.ajic, Darcy, Boyer, Smyth Clone None CITY CLERK EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF RANCHO SAN FRANCISCO, IN THE CITY OF SANTA CLARITA, AS SHOWN ON MAP RECORDED IN BOOK 1 PAGES 521 AND 522 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN THE DEED TO SOUTHERN PACIFIC RAILROAD, RECORDED ON MARCH 29, 1879, IN BOOK 67 PAGE 321 OF DEEDS, IN THE OFFICE OF SAID RECORDER EXCEPTING THEREFROM ALL MINERALS AND MINERAL RIGHTS INTERESTS, AND ROYALTIES, INCLUDING, WITHOUT LIMITING, THE GENERALITY HEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, IN AND UNDER THE PROPERTY, HOWEVER, GRANTOR OR ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY IN CONNECTION THEREWITH, AS RESERVED IN THE DEED RECORDED AUGUST 15, 1991 AS INSTRUMENT NO. 91-1294556, OFFICIAL RECORDS.