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HomeMy WebLinkAbout2001-06-12 - RESOLUTIONS - TMF PROPERTY ACQUISITION (2)RESOLUTION NO. 01- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA FINDING AND DETERMINATING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION AND OPERATION OF THE TRANSIT MAINTENANCE FACILITY (PROPERTY FOR PUBLIC TRANSIT FACILITY) 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 located within the City, County of Los Angeles, State of California, for public use relative to public transit facilities, and all uses appurtenant thereto to be located within and adjacent to the Transit Maintenance Facility ("Project"); and b. The interests in real'property to be acquired are fee ownership for public transit facility purposes and all uses appurtenant thereto, 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 Initial Study and Mitigated Negative Declaration ("MND") for state approval of the Project was certified by the City Council on March 28, 2000. The Categorical Exclusion (CE) for federal approval of the Project was certified by the Federal. Transit Administration in April 2000. e. 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 f.. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property. 1 RESOLUTION NO. 01- 58 June 12, 2001— Page 2 SECTION 2. The City Council of the City hereby declares that it is its intention to acquire said Property 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 fee ownership of the Property 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, pursuant to California Code of Civil Procedure Section 1240.610. SECTION 4. Said fee ownership of the Property, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, is located within the City of Santa Clarita, County of Los Angeles, State of California, and is more particularly described on Exhibit "A" as noted herein above. A map showing the general location of the Property is attached hereto as Exhibit "B." 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 interest, including orders for immediate possession, if. applicable. 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 12' day of June, 2001. aYOR ATTEST: CITY CLERK !RESOLUTION NO. 01- 58 i June 12, 2001— Page 8 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 foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 12th day of June, 2001 by the following vote of Council: AYES: COUNCILMEMBERS: Darcy, Kellar, Ferry, Smyth, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None KM:lkl council \cnnCM-os2ioi.da CITY CLERK Win a , I 'LOT 20F TRACT 52673-02, FILED IN BOOK 1252, PAGES 59 THROUGH 68, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CAI IFORNIA. EXCEPTING THEREFROM all oil, gas and other hydrocarbons and like sub:osances and all minerals below a depth of 500 feet from the surface of said property, provided, however, the right to enter said property and to remove therefrom the substances aforesaid shall be limited to the provisions and to the areas covered, as provided in the deed from The Newhall Land and Farming Company to Lockheed Aircraft Corporation, recorded May 15, 1959 in Book D-468, Page 516, Official Records, as Instrument No. 2018. Nothing therein contained shall be in any way construed to prevent, hinder or delay drillin;i operations under said property below 500 foot level by directional or slant drilling wlihout entering upon the surface of said property by grantor and/or its lessees, as reservF.d by The Newhall Land and Farming Company, by said last mentioned dead. ALSO EXCEPTING THEREFROM all rights to water, aquifers, minerals, oil, gas, tar, gaseous and liquid hydrocarbons, and metalliferous substances of every kind, toge cher with the right to drill or mine for the same, without, however, the right to drill or mine through the surface or upper.500 feet of the subsurface of said land, as reserved in Tim deed recorded October 30, 1992 as Instrument No. 92.2006858of Official Records. ALSO EXCEPTING THEREFROM the right to explore for, inject, store, witl.draw, cycle and recycle, produce and otherwise use, enjoy and dispose of in such amount: as grantor may deem advisable, all indigenous and foreign natural gas, substitute natural gas, gaseous and liquid hydrocarbons, brine and other liquids in and from the subsurface area Eying below a depth of 500 feat of said land, including the Zone known as the Wayside Zone (The 'Underground gas storage field) as reserved in the, deed recorded October 30, 1992 as Instrument No. 92-2006858 of Official Records. 2 I EXHIBIT "B"