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HomeMy WebLinkAbout1999-07-13 - AGENDA REPORTS - GV RD GOLDEN TRI ACQUISITION (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: July 13, 1999 City Manager Approval: Item to be presented by: T. Brad Therrien SUBJECT: ROAD RIGHT-OF-WAY ACQUISITION FOR GOLDEN VALLEY ROAD AND GOLDEN TRIANGLE ROAD RESOLUTION NOS. 99-123 THROUGH 99-126 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council receive the staff report and review the evidence presented at the public hearing, including public comments and any written comments received; adopt Resolution Nos. 99-123 through 99-126, authorizing the commencement of eminent domain proceedings so as to acquire fee interests and easements for road, slope, drainage, and temporary construction purposes, for the construction of Golden Valley Road and Golden Triangle Road at the intersection with Golden Valley Road; and approve appropriation of $923,551.15 in Account No. 53016-302 from Fiscal Year 1998/99 Eastside Bridge and Thoroughfare District fund balance. BACKGROUND A development agreement between the Santa Clarita Business Park (SCBP) and the City was approved by the City Council on April 7, 1998 (Master Case No. 97-124, Development Agreement No. 97-001, Resolution No. 98-45, Ordinance No. 98-12), and recorded in the office of the Los Angeles County Recorder on June 5, 1998 (Instrument No. 98-951356). Pursuant to Sections 3.2, 3.5, 4, and 5, Schedule 3, and Exhibit E of the development agreement, SCBP agreed to acquire, design, and construct Golden Valley Road within Tract No. 42670-02 and southerly to Sierra Highway. It was further agreed that if SCBP were unable to acquire the necessary properties and easements, the City would use eminent domain for the acquisitions. Since the execution of the development agreement, the William S. Hart Union High School District is in the process of purchasing property along the Golden Valley Road corridor, north of Sierra Highway, and is planning to construct a new high school at this location. The plans for this new school facility have increased the urgency for start of construction on the road to access the site. The school district has agreed to provide any necessary easements through their property for the road construction, and a joint E.I.R. was processed through the City for the grading of the school site and the road construction. Adopt; Agenda itema# GOLDEN VALLEY ROAD RIGHT-OF-WAY ACQUISITION July 13, 1999 — Page 2 Over the past year, SCBP has sent at least two letters to owners of properties that are affected by the construction of Golden Valley Road. The letters requested the cooperation of these owners to either donate or sell all or portions of their land. The proposed construction corridor for Golden Valley Road, from Sierra Highway to Golden Triangle Road, contains 55 parcels under 20 ownerships. Staff is working with the public agencies that own 22 parcels. The Education Foundation owns four large parcels; the Los Angeles Department of Water and Power owns at least 16 various sized parcels; and the County of Los Angeles owns two parcels. There are 16 separate private ownerships that include 33 separate parcels. The owners of two small parcels near Sierra Highway have agreed to sell their property. The owner of 15 separate parcels affected by the road construction has signed a letter of agreement to cooperate by providing the necessary right-of-way and easements in exchange for mitigation and the trade of unused portions of acquisition parcels. The owners of the property commonly known as Porta Bella have agreed to provide the requested right-of-way and easements. A positive response was not obtained from owners of six small parcels near Sierra Highway and two larger parcels near the future Via Princessa. A public hearing was held on June 22, 1999 to deal with eminent domain proceedings for those eight parcels. The remaining private properties north of Via Princessa that are under four separate ownerships are the subject of this public hearing, and are necessary to move forward with construction of Golden Valley Road northerly to Golden Triangle Road. In March 1999, the SCBP representatives provided City staff with the results of their acquisition efforts. At that point, it was determined that a consultant specializing in acquisitions be hired to continue to pursue the necessary acquisitions and provide the documentation necessary for the City to pursue eminent domain proceedings if it became necessary. The acquisition consultant has attempted to make contact with all property owners, has requested permission to enter the properties for appraisal purposes, and has completed the preparation of appraisals for those properties considered in this action. Offers were made to these property owners. The City Council must now consider for condemnation those properties for which the consultant and/or City staff, through mutual agreement with the owners, have been unable to acquire fee ownership or easements. If the City Council determines that the public necessity requires the proposed acquisitions, the City Council should adopt resolutions authorizing condemnation proceedings for the purpose of acquiring the interests described in the attached resolutions. GOLDEN VALLEY ROAD RIGHT-OF-WAY ACQUISITION July 13, 1999 — Page 3 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 City Council adopts the Resolutions of Necessity, staff will continue to work with the property owners to reach agreement. Failing that negotiation process, the City Attorney will file the necessary condemnation actions. ALTERNATIVE ACTIONS 1. City Council could delay the project by requiring that more effort be made to come to agreement with the affected property owners. This may jeopardize state funding of the school construction. 2. City Council could request that the school district acquire the necessary properties and easements by use of their power of eminent domain. 3. Other action as determined by the City Council. FISCAL IMPACT This action will not have a great effect on the actual cost of purchasing the rights-of-way and necessary easements, as the City is obligated to pay the appraised values. The expense of litigation to finalize the acquisitions is unknown at this time. However, these legal costs could be sizable if settlements are not reached in a reasonable time frame. All costs associated with the road construction, including land acquisition, will be reimbursed from the Eastside B&T District funds and should have no effect on the City's General Fund. Funds in the amount of $923,551.15 were budgeted in Account No. 53016-302 during Fiscal Year 1998/99, and were not spent. ATTACHMENTS Vicinity Map Resolution Nos. 99-123 through 99-126 With associated: Exhibits Settlement Offers Appraisal Summaries June 11, 1999 Memorandum — Acquisition Status Report LPC:Ikl mundhcndm2Ad VICINITY MAP CQ V &11Q&f11"17X$1FA3tlil ui u IMKX 11 ui TO: r D and ity Councilmembers FROM: eorgety Manager DATE: June 11, 1999 SUBJECT: GOLDEN VALLEY ROAD RIGHT-OF-WAY ACQUISITION STATUS REPORT Golden Valley Road from Sierra Highway to Golden Triangle Road can be categorized into three distinct segments. Although the acquisition of the necessary easements and rights-of- way includes all of this project from Sierra Highway to Golden Triangle Road, this report will list the various properties/owners by the segment in which they are located. Segment 1 — Sierra Highway to just north of future Via Princessa intersection. a. Veluzat — Various parcels near Sierra Highway. City staff has been negotiating with the owners, and on May 26, 1999, Renaud and Sue Veluzat signed an agreement. b. Booker & Canfield — Small parcels to be acquired in fee. In escrow. c. Muro, Lopez, Thurman, TWA Investment, Sapon & Davis — Small parcels to be acquired in fee. No response, or responded negatively regarding interest to sell. Offer letters sent along with appraisal summaries to property owners on June 4, 1999. Public hearing for eminent domain proceedings set for June 22, 1999. Notices of hearings sent to owners on June 7, 1999. d. County of Los Angeles — The County has agreed to sell the City a parcel approximately four acres in size based on appraisals of adjacent properties. The road alignment cuts through the middle of the parcel, and the majority of the parcel will be used for right-of-way and slope easements. Offer letter sent to County on June 2, 1999, with purchase amount based on comparable land sales and appraisals in the area. County personnel contacted City staff to indicate the offer is accepted with some additional processing fees. Formal letter and sales agreement to follow within a week. e. City of Los Angeles Department of Water and Power — City staff and consulting engineers are working with DWP staff in providing them an engineering drawing and the necessary easement documents. To date, responses have been good and the process appears adequate to meet the construction schedule. f William S. Hart Union School District — District has agreed to provide all necessary easements. GOLDEN VALLEY ROAD STATUS REPORT June 11, 1999 Page 2 g. Dronsky — Approximately 40 -acre parcel, of which less than four acres of right-of- way and slope easements are needed. City staff has met recently with property owners and representatives and is negotiating the acquisition. An offer letter and appraisal summary was sent to owners on June 4, 1999. To prevent untimely delays, this property was included in the June 22, 1999 public hearing for eminent domain, and public hearing notices were sent on June 7, 1999. City staff should be able to negotiate a settlement on this property. h. Phillips — Long, narrow parcel just to the north and west of the intersection with Via Princessa. Approximately three acres of right-of-way and slope easements are needed. No response from the owners, although we know that they have received letters to date. This property was included in the June 22, 1999 public hearing for eminent domain, and public hearing notices were sent on June 7, 1999. i. N.T.S. — A representative of the property owner has been involved with this project for over a year. The property is occupied with sensitive testing facilities, and staff has been working with the owners to mitigate potential impacts on their operations. A small portion of right-of-way and some slope easement area are needed on the southwest corner of the property. Staff believes that the owners will cooperate; however, all procedures necessary for condemnation are proceeding in case negotiations are unsuccessful. This property will be included in a second eminent domain hearing on July 13, 1999. Appraisals and offer letters are being prepared to send to the owner, while negotiations continue. j. Santa Clarita LLC — Of the portion of the Porta Bella site needed for the road construction, the first segment, as outlined above, should incorporate approximately the southerly one-third. This portion should be within the first area to be certified by the DTSC as clean, and construction will be allowed. Santa Clarita LLC has agreed to provide the necessary right-of-way and easements. Segment 2 — Just north of future Via Princessa to the intersection with Redview Drive within Santa Clarita Business Park (Tract 42670). a. Santa Clarita LLC — The northerly portion should be certified by the DTSC soon, and the continued investigation and cleanup is proceeding on the middle portion in order to obtain DTSC permission to construct the road. b. N.T.S. — Only minor slope and drainage easements are necessary for the road construction, and that is being processed as outlined above for Segment 1. c. Hi -Shear — City staff has met with the developer who is purchasing the property, and he has agreed to cooperate in providing the easements required. Appraisal work is proceeding to ensure that the City will be able to process condemnation if the purchase is not completed or negotiations are rejected. This property will be GOLDEN VALLEY ROAD STATUS REPORT June 11, 1999 Page 3 included in the scheduled second eminent domain hearing on July 13, 1999 as a backup position. d. Blue Cross — At the southeast corner of Golden Valley Road and Redview Drive. The developer has been negotiating with the owners for approximately one year. Appraisals and other procedures are ongoing to proceed with condemnation if negotiations are unsuccessful. This property is included in the scheduled second eminent domain hearing on July 13, 1999 as a backup position. Segment 3 — From Redview Drive to Golden Triangle Road (within Tract 42670) a. Santa Clarita Business Park — As conditions of approval, the project is to dedicate and improve the segment of Golden Valley Road within this tract. b. County of Los Angeles — Flood Control District Maintenance Yard — The developer has been negotiating with the district to relocate this facility within the business park and to provide interim access/facilities as necessary during construction. Staff has been told that an agreement has been reached and is being finalized between the County and SCBP. c. Berkowitz/Mosher — This is a developed parcel on the southwest corner of Golden Triangle Road and the future Golden Valley Road. An unimproved road easement exists in this location, and a small portion of additional right-of-way and slope easements is needed. The developer is also improving Golden Triangle Road along the frontage of this property and has been working with the owners to obtain these easements. The developer has also proposed to relocate the owners to another site. Appraisals and other work are proceeding to ensure that condemnation can proceed if negotiations are unsuccessful. It appears that the developer and the property owners have not reached an agreement to relocate to new facilities. This property will be included in the second eminent domain hearing on July 13, 1999. GAC:LPC:lkl eng-auM\gdnvly d\G]amu cc: Anthony J. Nisich, Director of Transportation & Engineering Services