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HomeMy WebLinkAbout1998-07-14 - RESOLUTIONS - WILEYCYN REALIGNMENT ACQ (2)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 sea. and Section 40401 g& M. 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: g PASSED, APPROVED, AND ADOPTED this 14tbday of wily , 1998. RESOLUTION NO. 98-97 July 14, 1998 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. 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 theme day of ,hi,, 19_% by the following vote of Council: AYES: NOES: ABSENT: MC:vjj wunw%ma-n.d« COUNCILMEMBERS: KIMMCPARCY, FERRY, WEME, HBYW COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE CITY CLERK �j That portion of Lot 6 of Section 4, Township 3 Noah, Range 16 West, San Bernardino Meridian, In the City of Santa Clarlta, 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 Surveyors Map No. B-2916; thence along said parallel line, 1st: South 7°11'40" West 294.66 feet to a point in the northerly boundary of the lands of Los Angeles County Rood 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 Carryon 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 Cane, 4th: South 8190623" West 10.24 feet to the point of beginning. Fred E. Carpenter, Ir Date LS. 3891 (Expires 6/30/00) FRED EUGENE WFEiiTER No. 3891 or