HomeMy WebLinkAbout1998-07-14 - AGENDA REPORTS - WILEY CYN RD (2)CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS City Manager Approv-'"'.'OejAe�z_ -
Item to be presented by: T. Brad Therri
DATE: July 14, 1998
SUBJECT: RESOLUTION OF NECESSITY - WILEY CANYON ROAD
REALIGNMENT - PROJECT NO. 52020
RESOLUTION NO. 98-97
DEPARTMENT: Transportation & Engineering Services
RECOMMENDED ACTION
City Council conduct a hearing on Resolution No. 98-97, finding and determining that the
public interest, convenience, and necessity require the acquisition of certain property for
public purposes (Wiley Canyon Road Realignment Project). Review the evidence presented,
including the agenda report and public comments and close the hearing. Adopt Resolution
No. 98-97 authorizing the commencement of eminent domain proceeding so as to acquire
the easement described therein (Note: this requires an affirmative four-fifths (4/5) vote of
the City Council). Direct the City Attorney to file the action expeditiously. Authorize the
City Manager to execute all documents necessary for the acquisition.
The existing Wiley Canyon Road connects Lyons Avenue on the north to Calgrove
Boulevard on the south in the City of Santa Clarita. Between Powell Drive and Fourl Road,
Wiley Canyon Road has two lanes and a sharp "S" curve where the road travels around a
prominent hill. The sharp "S" curve, combined with only two travel lanes and no center
median strip, creates an undesirable situation for vehicles, bicycles, and pedestrians.
Additionally, this area must be closed during three consecutive. days of rainfall due to a
localized hillside stability problem. The proposed project involves the construction of a two-
lane road located to the west of the existing alignment.
The proposed road would follow existing but unused right-of-way from Powell Road to the
area of the Los Angeles County Department of Public Works (LACDPW) Flood Control
Channel, where it would cross the channel to tie into the existing Wiley Canyon Road
approximately 300 feet north of Fourl Road. A cul-de-sac will be constructed on the existing
Wiley Canyon Road south of Powell Drive so that residences served by the present
alignment of Wiley Canyon Road will continue to have access. The proposed project would
be a cost-effective option, which would create an improved travel environment for vehicles,
bicyclists, and pedestrians.
Adopted:, _y; S
WILEY CANYON ROAD REALIGNMENT
RESOLUTION OF NECESSITY
July 14, 1998 - Page 2
Although the Wiley Canyon Road Realignment Project (the "Project"), as described above, is
proposed to follow the existing right-of-way, a slope easement is required, as depicted on
Exhibits A and B attached hereto (the "Easement"). The Easement is being sought for
public street and slope purposes and all uses appurtenant thereto, in, over, under, along,
and across the property described in Exhibits A and B. Among other purposes, the
Easement will facilitate a needed raising of the roadway at that location in connection with
the roadway traversing the LACDPW flood control channels. Staff has spent a great deal of
time negotiating with the area property owners for all needed rights-of-way. The City's
consultants and staff have successfully negotiated with all of the other residents. Several
options to resolve this situation have been discussed with the remaining property owner,
but were not mutually agreeable. Because this may further delay the project schedule, this
step is considered crucial at this time. Staff will continue to negotiate with the property
owner for the easement, if he is willing, prior to the point at which the condemnation action
must be filed.
Pursuant to Sections 7267.2, 37350 et sem. and 40401 et sea. of the California Government
Code, California. Code of Civil Procedures Section 1230.010 et seq.. Section 19, Article I of
the California Constitution, and other authorities, the City of Santa Clarita is authorized to
acquire the Easement by eminent domain, provided certain procedural steps are followed.
First, the City must make an offer to the property owners for the desired Easement, which
offer must be transmitted in writing, based upon an appraisal. The owners of the property
upon which the City requires an easement are Adolf and Sharon Sosa (a copy of the offer
the City made to the property owners is attached hereto), which offer was made as required
by applicable law. The offer was based upon an appraisal of the Easement. To date the
offer has not been accepted.
It is now necessary that an action of eminent domain be commenced to acquire the
Easement. Prior to filing the action, the City Council must hold a hearing on a Resolution
of Necessity, which resolution is attached hereto, and provide the owners of the property an
opportunity to be heard at that hearing, provided the owners have filed a request to be
heard in writing with the City Clerk prior to the hearing.
The hearing was timely and duly noticed. Submitted herewith is a copy of the Notice of
Hearing, which notice was given in accordance with the applicable statutes.
After conducting the public hearing, if the City Council finds that the public necessity so
requires, the City Council should adopt the proposed Resolution of Necessity, Resolution
No. 98-97, authorizing condemnation proceedings for the purpose of acquiring the
Easement which is described in said Resolution.
WILEY CANYON ROAD REALIGNMENT
RESOLUTION OF NECESSITY
July 14, 1995 - Page 3
The findings which need to be made are as set forth in the Resolution of Necessity.
Specifically, Council must find:
That the public interest, convenience; and necessity require the acquisition of
the Easement for the Project. As proposed, the Project will serve public
safety and convenience needs, as well as those additional needs discussed
above;
That the Project is planned or located in a manner that will be most
compatible with the greatest public good and the least private injury. As set
forth above, the chosen realignment will take advantage of the existing
right-of-way, thereby minimizing private injury, The chosen realignment will
also mitigate any safety. concerns inherent in the existing alignment, thereby
furthering the public good; and
That the Easement sought to be acquired is necessary for the Project. As set
forth above, the Easement is needed, among other reasons, to facilitate a
raising of the roadway at that location.
CEQA compliance has been satisfied by the certification of a mitigated negative declaration
for the Project by the Planning Commission on April 21, 1995.
Questions relating to value are not relevant to this proceeding. However, that does not
mean that negotiations for the acquisition of the Easement are at an end. If the City
Council adopts the Resolution of Necessity after. the hearing, negotiations for the
acquisition of the Easement will continue.
ALTERNATIVE ACTIONS
The need for a slope easement could be avoided by the construction of a 300 -foot -long
retaining wall. The cost to construct and maintain such a wall greatly outweighs the value
of the slope easement requested. The option to build the wall would cost approximately
$25,000.00.
FISCAL IMPACT
Adoption of the Resolution of Necessity will authorize the filing of an action in eminent
domain. Funds for legal fees and costs associated therewith, in addition to the funds
ultimately required to be paid for the Easement, will be expended. The value of the
Easement is $0.00, based upon the City's appraisal. However, the City offered the owner a
nominal value of $500.00.
WILEY CANYON ROAD REALIGNMENT
RESOLUTION OF NECESSITY
July 14, 1998 - Page 4
ATTACHMENTS
Resolution No. 98-97
Exhibits A and B, Depicting the Easement
Notice of Hearing
Offer of Compensation
MC:IE:vjj
muncl k.W97.duc
RESOLUTION NO. 98-97
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 PROPERTY
FOR PUBLIC PURPOSES (WILEY CANYON
ROAD REALIGNMENT PROJECT)
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
City of an interest in the real property hereafter described, which is located within the City,
for public uses, relating to public street and slope purposes for the Wiley Canyon Road
Realignment Project ("Project");
b. The interest in real property to be acquired is an easement for public
street and slope purposes and all uses appurtenant thereto (the "Easement") in, over,
under, along, and across the real property described on Exhibit A attached hereto and
incorporated herein by this reference ("Property");
c.. The Project is planned and located in a manner that will be most
compatible with the greatest public good and least private injury;
d. The taking of the Property is necessary for the state Project and such
taking is authorized by Section 19, Article I of the California Constitution, Section 37350
et sem. and Section 40401 et Leg. 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 owners of the Property.
SECTION 2. The City Council of the City hereby declares that it is its intention to acquire,
in its name, the Easement above described.
SECTION 3. That if any portion of the area of the Easement has been appropriated to
some public use, the public uses to which it is to be applied by the City, as described above,
are more necessary and paramount uses, pursuant to Code of Civil Procedure
Section 1240.610.
RESOLUTION NO. 98-97
July 14, 1998 - Page 2
SECTION 4. The acquisition of the Easement is required. by the public interest,
convenience, and necessity for the purposes set forth above. The Easement is located
within the City of Santa Clarita, County of Los Angeles, State of California, and is more
particularly described in Exhibit A. A map showing the general location of the Property is
attached hereto, marked Exhibit B and incorporated herein by reference and made a part
hereof.
SECTION 5. The appropriate environmental review required by the California
Environmental Quality Act (CEQA) for the Wiley Canyon Road Realignment Project has
been completed and a mitigated negative declaration was approved and adopted, after the
required public review period, by the City of Santa Clarita Planning Commission on
April 21, 1998.
SECTION 6. The City Attorney and the firm of Burke, Williams & Sorensen, 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 Easement, including proceedings to
obtain an order for possession prior to judgment.
SECTION 7. This Resolution shall be effective immediately upon its adoption.
SECTION 8. The City Clerk shall certify the adoption of this Resolution and certify this
record to be a full, true, and correct copy of the action taken.
ATTEST:
CITY CLERK
PASSED, APPROVED, AND ADOPTED this _ day of 1998.
G1
MAYOR
RESOLUTION NO. 98-97
July 14, 1995 - 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 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
MC:vjj 3
wund1Nm98-97.dm
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 6 of Section 4, Township 3 North, Range 16 West, San Bernardino Meridian, in the
City of Santa Clarita, County of Los Angeles, State of California, according to the official plat map
thereof, described as follows:
Beginning at the Intersection of the southerly line. of Wabuska Street, 60.00 feet wide, and a line
parallel with and 40.00 feet easterly of, measured at right angles, the proposed centedine of Wiley
Canyon Road, as shown on County Surveyor's Map No. B-2916; thence along said parallel line,
1st: South 7011'40" West 294.66 feet to a point in the northerly boundary of the lands of Los
Angeles County Flood Control District, described in Parcel 70A of the document recorded in
Book D4751, Page 636 of Official Records of said County, said point being the beginning of a
non -tangent curve, concave northwestedy and having a radius of 375.00 feet, a radial to said
point bears South 24°3129" East;. thence,
2nd: Northeasterly along said curve an arc distance of 11.69 feet through a central angle of 1047'07"
to a point in a line parallel with and 49.84 feet eastedy of, measured at right angles, said
proposed centedine of Wiley Canyon Road; thence along said parallel line,
3rd: North 7011'40" East 291.20 feet to a point in said southerly line of Wabuska Street; thence
along said southedy line,
4th: South 8100623" West 10.24 feet to the point of beginning.
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Fred E. Carpenter_, Jr. / v Date
L.S. 3891 (Expires 6/30/00)
FRED
EUGENE
CARPENTER
No. 3891
OF
REF: 9715�1D7.DxG
DAIS: 11/13/97
SCALE: 1 1'•60'
EXHIBIT -B
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PREPARM BY:
BENNER AW CARPENTER
506 EAST MAIN STREET
SANTA PAULA, CA 93060
(805) 525-9396
II
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
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 REAL
PROPERTY LOCATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA.
TO: Adolf and Sharon Sosa
25025 Wiley Canyon Road
Newhall, California 91321-2322
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 an
easement ("Easement") in, over, along and across certain real
property ("Property"), for public street purposes and all uses
appurtenant thereto. The Easement is described and depicted on
Exhibits A and B, attached hereto and incorporated herein by this
reference. The project for which the acquisition of the Easement
is required is the Wiley Canyon Road Realignment Project.
The hearing will be held on July 14, 1998 at 6:30 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.
You as a person claiming or having an interest in and
to the Property are hereby notified that you have the right to
appear and be heard on the issues to be considered at that
Document 1: 3083
NOTICE OF HEARING, Page 2
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.
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 at 23920
Valencia Boulevard, Suite 300, Santa Clarita, California 91355.
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.
Document t: 3083
IN
NOTICE OF HEARING, Page 3
For further information, contact Sharon Dawson, the City
Clerk at City Hall at (805) 259-2489.
Document Js 3083
3
Sharon Dawson, City Clerk
City of Santa Clarita
NOTICE OF HEARING, Page 4
Name
Address
Date
Document 0: 3083
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY.
Telephone
Signature
Ll
EXHIBIT "A"
That portion of Lot 6 of Section 4, Township 3 North, Range 16 West, San Bernardino Meridian, in the
City of Santa Clarita, County of Los Angeles, State of California, according to the official plat map
thereof, described as follows:
Beginning at the intersection of the southerly line of Wabuska Street, 60.00 feet wide, and a line
parallel with and 40.00 feet easterly of, measured at right angles, the proposed centerline of Wiley
Canyon Road, as shown on County Surveyor's Map No. &2916; thence along said parallel line,
1st: South 701140" West 294.66 feet to a point in the northerly boundary of the lands of Los
Angeles County Flood Control District, described in Parcel 70A of the document recorded in
Book D4751, Page 636 of Offlclal Records of said County, said point being the beginning of a
non -tangent curve, concave northwesterly and having a radius of 375.00 feet, a radial to said
point bears South 2403129" East; thence,
2nd: Northeasterly along said curve an arc distance of 11.69 feet through a central angle of 104707"
to a point in a line parallel with and 49.84 feet easterly of, measured at right angles, said
proposed centerline of Wiley Canyon Road; thence along said parallel line,
3rd: North 7011140" East 291.20 feet to a point in said southerly line of Wabuska Street; thence
along said southerly line,
4th: South 8100623" West 10.24 feet to the point of beginning.
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FRED �o
c' EUGENE
CARPENTER
Fred E. Carpenter, Jr. Date *sr
No;891 moo°
LS. 3891(Expires 6/30/00) qlF of raV-0
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DATE: 11/13/97
SGALE�
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PREPAPM BYt
BEENNM AND GARPE M
506 EAST RAU4 STREET
SANTA PAULA, GA 93060
(805) 52 MM6
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SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
April 27, 1998
HAMNER, JEWELL & ASSOCIATES
GOVERNMENT REAL ESTATE SERVICES
3639 HARBOR BOULEVARD. SUITE 210
VENTURA, CALIFORNIA 93001
Adolf and Sharon Sosa
25025 Wiley Canyon Road
Newhall, California 91321-2322
Subject: City of Santa Clarita--Wiley Canyon Road Re -alignment Project
Acquisition AP#285-013-023 (Sosa)
Dear Mr. and Mrs. Sosa:
(805)658-8844
Fax (805) 658-8859
This is to follow up on previous discussions and correspondence that you and your attorney, Denise
O'Rourke, have had with the City of Santa Clarita and their project engineers, Dick Bardin and Chris
Hooker of Boyle Engineering Corporation, regarding the City's proposed improvement of Wiley
Canyon Road. As you are aware, the City is planning to straighten and widen Wiley Canyon Road to
make it a safer and more reliable traffic way for the community. In order to construct these proposed
road improvements, the City seeks a "slope easement" along the westerly side of your property '
adjacent to Wiley Canyon Road, totaling approximately 3,049 square feet. A diagram showing the
involved area is enclosed, along with a complete legal description of the area.
As Mr. Bardin has previously informed your attorney, the City retained an independent appraiser to
evaluate the portion of your property that would be encumbered by this easement. The appraiser was
retained to assure that fair market value is offered to you for the purchase of these property rights.
The appraisal took into consideration the highest and best use of the affected property, the size of the
area required for the proposed slope easement; and all. other factors which•affect fair market value.
On the enclosed Appraisal Summary Statement, the Total Purchase Offer of five hundred dollars
($500) represents the City's offer to you for the purchase of these property rights, taking into
consideration the appraiser's conclusions which are summarized in said Statement, subject to City
Council ratification.
I am aware of previous inquiries your attorney has made on your behalf regarding fencing,
landscaping, and access along and through this easement area, but I have been unable to get any recent
responses from your attorney to further these discussions, and after not being able to reach you by
telephone, the City has asked that I forward you this formal easement purchase offer on their behalf and
request that you give me a call as soon as possible.
(scI2rital3cghosa1ofrltr.doc)
Adolf and Sharon Sosa
Page two
April 27, 1998
This offer is subject to environmental inspection and approval by the City. The purpose of this
process would be to attempt to determine whether there is hazardous contamination within, adjacent
to, or coming from the involved portion of your property. The environmental inspection and approval
process may include physical inspections and environmental assessments as deemed necessary or
advisable by the City, as well as other testing or inspection should a preliminary review indicate it
advisable. In the event the City determines that corrective or remedial action may be
necessary, the City reserves the right to reduce the amount offered to reflect these costs, or to
withdraw this offer. We certainly appreciate your cooperation in allowing access to your property for
these inspections and assessments. These inspections will be conducted at the City's expense.
We trust that you will find this offer to be acceptable and look forward to working with you to
finalize an easement agreement and deed. Please give me a call with your responses at (805) 658-8844.
As time is of the essence in order to allow construction of these public improvements to commence
shortly, the City and I look forward to receiving your responses at your earliest opportunity.
Sincerely,
C�r), - -(lam.
Lillian D. Jewell
LDJ:ch
Enclosures: Appraisal Summary Statement (2 pages), with legal description and plat map attached
cc w/enclosures: Dick Bardin, Boyle Engineers
Milan Cemosek, Assistant Engineer, City of Santa Clarita
(sdarila/acgkosa/oGltr.&G)
/-1
i
PROJECT: City of Santa Clarita
Wiley Canyon Road
Re -alignment Project
APPRAISAL SUMMARY STATEMENT
PARCEL NO. 282-013-023 (Soca)
Date of Value: February 4, 1998
Owner: Adolf Sosa
Property Location: Along the eastern side of the future Wiley Canyon Road, south of
Wabuska Street, City of Santa Clarita, Los Angeles County, California
Zone: CC --Community Commercial
Present Use: Residential backyard (home on adjacent lot)/personal recreational vehicle storage .,
Total Property Area: 10,019 sq.ft.
Property to be acquired: All _ Part X Permanent Slope Easement 3,049 sq.ft.
(See legal description and plat map attached.)
Including Access Rights: Yes _ No _X
Highest and Best Use: Hold for future commercial development.
Summary Analysis of the Market Value of the Easement to be Acquired:
The Permanent Slope Easement is a ten foot strip of land located along the
western property boundary fronting Wiley Canyon Road, totaling approximately
3,049 square feet.
The appraisal concluded that the Permanent Slope Easement will not affect future
development entitlements to the property owner. This easement merely keeps
developing from occurring within the Permanent Slope Easement area, which will
be given weight in the gross site area and will not reduce the development
potential of the subject property.
This is because commercial setback requirements are ten feet at Wiley Canyon
Road, according to the Santa Clarita Planning Department. The ten feet must be
landscaped as well. This appears to be similar to and consistent with the slope
easement, which is for landscaping purposes and to allow the City the ability to
Page 1 of 2
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maintain the adjacent public sidewalk. Therefore, the proposed easement appears
to duplicate the City's development code. As the subject property was already
encumbered by this devtlopuieut LttituirCtut:ut, uv dituiuutivu iu value is uvtt:d and
no adi ustment to the property's value is required. Theretore, the value of the
property before the casement is equal to the value of the property after the
placement of easement.
Total Purchase Offer: Me Hundred Dollars (Nominal Value) 5 Soo
improvements to be Acquired: None $ -0-
Benefits: Improved development potential, landscaping, and fencing
Severance Damagest .p.
•Since no Severance Damages are found, Benefits shall not be offset against easement value, and
are therefore inapplicable.
This summary of the bast$ of the amount offered as just compensation is presented in compi'm=
with Federal and State law and has been derived from a formal appraisal prepared by an
independent appraiser which includes supporting sales data and other documentation.
Approved for Acquisition
Date "44/
Name:
Position: Vis; c tT ti F N 6%
City of Santa Clarity
Page 2 of Z
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 6 of Section 4, Township 3 North, Range 16 West, San Bernardino Meridian, in the
City of Santa Clarita, County of Los Angeles, State of California, according to the official plat map
thereof, described as follows:
Beginning at the intersection of the southerly line of Wabuska Street, 60.00 feet wide, and a line
parallel with and 40.00 feet easterly of, measured at right angles, the proposed centerline of Wiley
Canyon Road, as shown on County Surveyor's Map No. B-2916; thence along said parallel line,
1st: South 701140" West 294.66 feet to a. point in the northerly boundary of the lands of Los
Angeles County Flood Control District, described in Parcel 70A of the document recorded in
Book D4751, Page 636 of Official Records of said County, said point being the beginning of a
non -tangent curve, concave northwesterly and having a radius of 375.00 feet, a radial to said
point bears South 2403129" East; thence,
2nd: Northeasterly along said curve an arc distance of 11.69 feet through a central angle of 1047'07"
to a point in a line parallel with and 49.84 feet easterly of, measured at right angles, said
proposed centerline of Wiley Canyon Road; thence along said parallel line,
3rd: North 7011'40" East 291.20 feet to a point In said southerly line of Wabuska Street; thence
along said southerly line,
4th: South 8100623" West 10.24 feet to the point of beginning.
r—J �+o�► // 13 9%
Fred E. Carpenter, Jr. Date
L.S. 3891 (Expires 6/30/00)
FRED
EUGENE
cARPEWER
No. 3891
Or
REF! ?7154LD7.D;;
OA1E: 11/13/97
WALEI 1 1•060.
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PREPARED BY' VJ
BENNER 'ND `ACNE SKETCH TO ACCOMPANY
Sob EASTTMAiN STREET
SANTA PAULA, CA 99060 LEGAL DESCRIPTION
(805) 525-9996
MOIAFM VANw_MA0141
CERTIFICATION OF MAILING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the
attached NOTICE OF HEARING was mailed to the following party on June 29, 1998:
ADOLF AND SHARON SOSA
25025 WILEY CANYON ROAD
NEWHALL CA 91321-2322
'4L" "�� a"'
Sharon L. Dawson, CMC
City Clerk
Date: June 29, 1998
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 REAL
PROPERTY LOCATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA.
TO: Adolf and Sharon Sosa
25025 Wiley Canyon Road
Newhall, California 91321-2322
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 an
easement ("Easement") in, over, along and across certain real
property ("Property"), for public street purposes and all uses
appurtenant.thereto. The Easement is described and depicted on
Exhibits A and B, attached hereto and incorporated herein by this
reference. The project for which the acquisition of the Easement
is required is the Wiley Canyon Road Realignment Project.
The hearing will be held on July 14, 1998 at 6:30 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.
You as a person claiming or having an interest in and
to the Property are hereby notified that you have the right to
appear and be heard on the issues to be considered at that
Document f: 3083
NOTICE OF HEARING, Page 2
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.
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 at 23920
Valencia Boulevard, Suite 300, Santa Clarita, California 91355.
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 reauest to appear and be heard may result
in a waiver of your right to be heard.
Document #: 3083
NOTICE OF HEARING, Page 3
For further information, contact Sharon Dawson, the City
Clerk at City Hall at (805) 259-2489.
Sharon Dawson, City Clerk
City of Santa Clarita
(a1a6)/��
Document #: 3083
NOTICE OF HEARING, Page 4
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY.
Telephone
Address
Date
Signature
Document #: 3083
IXHIBIT "A"
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That portion of Lot 6 of Section 4, Township 3 North, Range 16 West, San Bemardino Meridian, in the
City of Santa Ciarita, County of Los Angeles, State of California, according to the official plat map
thereof, described as follows:
Beginning at the intersection of the southerly line of Wabuska Street, 60.00 feet wide, and a line
parallel with and 40.00 feet easterly of, measured at right angles, the proposed centerline of Wiley
Canyon Road, as shown on County Surveyor's Map No. 8-2916; thence along said parallel line,
1st: South 701140" West 294.66 feet to a point in the northerly boundary of the lands of Los
Angeles County Flood Control District, described in Parcel 70A of the document recorded in
Book D4751, Page 636 of Official Records of said County, said point being the beginning of a
non -tangent curve, concave northwesterly and having a radius of 375.00 feet, a radial to said
point bears South 2403129" East; thence,
2nd: Northeasterly along said curve an arc distance of 11.69 feet through a central angle of 1°47'07"
to a point in a line parallel with and .49.84 feet easterly of, measured at right angles, said
proposed centerline of Wiley Canyon Road; thence along said parallel line,
3rd: North 7011'40" East 291.20 feet to a point in said southerly line of Wabuska Street; thence
along said southerly line,
4th: South 8100623" West 10.24 feet to the point of beginning.
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EUGENE
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Fred E. Carpenter, Jr." Date
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DATE- 11/13/97
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PREPARED BYl
BENNER. AND CARPENTER
Sob EAST MAIN STREET
SANTA PA tA, CA 95060
(DOS) 325-9396
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SKETCH TO ACCOMPANY
LEGAL DESCR/PT1ON
LAW OFFICES
BURKE, WILLIAMS & SORENSEN, LLP
VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500
2310 PONDEROSA DRIVE LOS ANGELES, CALIFORNIA 90017-3102
SUITE 1
CAMARILLO, CALIFORNIA 930104747 TBI: (213)236-0600
Tele 1806) 987-3468 Fax: 1213) 236-2700 _
Fex: 1806)482-9834
June 25, 1998
Via Federal Express
Sharon Dawson, City Clerk
City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Santa Clarita, CA 91355
Re: Wiley Canyon Road Realignment Project
Dear Ms. Dawson:
ORANGE COUNTY OFFICE
3200 PARK CENTER DRIVE
SUITE 760
COSTA MESA, CALIFORNIA 92626-7149
Tel: 17141 64S-5559
Pox: 17141 7 66-684 8
WRITER'S DIRECT DIAL:
213-236-XXXX
OUR FILE NO. XXXXX-XXX
Pursuant to our telephone conversation of today I am
forwarding to you via federal express the enclosed Notice of
Hearing. Please sign the Notice on page 3 and send the Notice to
Adolf and Sharon Sosa at the address listed on page 1 via first
class mail no later than Monday June 29, 1998. I have notified
the engineering department that you will be undertaking this
requirement in advance of the hearing on the resolution of
necessity.
As for the hearing itself, I anticipate that the engineering
staff will be forwarding to you the resolution and staff report
for the July 14, meeting. The hearing on the resolution of
necessity is not a public hearing; rather, pursuant to Code of
Civil Procedure, Section 1245.235, the City Council is required
to hold a hearing at which all persons to whom a notice of the
hearing has been sent (here Adolf and Sharon Sosa) and who filed
a written request to be heard in advance of the hearing may
appear and be heard on the matters indicated in the enclosed
notice.
I will be on vacation the week of June 29, 1998, returning
the week of July 6, 1998. Should you have any questions
Ref#: 3221
Sharon Dawson, City Clerk
June 25, 1998
Page 2
concerning this matter during that time, please feel free to
contact Chris Cheleden of this office.
Sincerely,
Jo`�kMIon es
for BURKE, WILLIAMS & SORENSEN, LLP