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Home My WebLink About2004-05-25 - AGENDA REPORTS - ROW ACQUISITION GREENBRIER (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: Agenda Item:_ CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: May 25, 2004 PON.& fifi.�� .w& GOLDEN VALLEY ROAD/SOLEDAD CANYON ROAD INTERCHANGE, PROJECT NO. 53005 - RESOLUTION OF NECESSITY, GREENBRIER ASSOCIATES, LTD. Transportation and Engineering Services RECOMMENDED ACTION 1) City Council conduct a public hearing, receive staff report, and review evidence presented at the public hearing, including any oral or written comments presented at the public hearing, and public oral and written comments received; and 2) Adopt a resolution authorizing the condemnation proceedings necessary for the right-of-way acquisition for completion of the Golden Valley Road/Soledad Canyon Road Interchange (Interchange), Project No. S3005; and 3) Authorize the deposit of $57,100.00 with the Los Angeles Superior Court to initiate immediate taking proceedings. BACKGROUND Construction of the proposed improvements to the Interchange project will relieve traffic congestion and promote public safety. The Interchange is a key component of the Cross Valley Connector, and one of the top priorities of the City Council. Improvements include the widening of Soledad Canyon Road to accommodate a deceleration lane (westbound) and left -turn pocket (eastbound) onto Valley Center Drive. Valley Center Drive will be improved with a traffic signal and collector road to the Golden Valley Road bridge. The project requires property for permanent right-of-way, slope, drainage, and access easements, and temporary construction easements. The required property is primarily vacant. Improvements to the property include paving, fencing, and landscaping. No dwellings or buildings are located on the required property. Wopfied: per. CSN 6 3 On July 8, 2003, the City Council authorized the City Manager to negotiate the purchase of the property. Negotiations with the property owner have not resulted in acquisition of the property. The original offer of $34,030.00 was presented to the property owner on October 3, 2003. This offer was based on an appraisal dated May 9, 2003, showing an appraised market value of 18,281 square feet of property. An Agreement for Possession and Use of the area required was executed between the City and the property owner on December 10, 2003. This agreement granted the City permission to enter the property and perform work, and valuation discussions continued through April 1, 2004. The owner -supplied appraisal dated October 22, 2003 (received by the City on January 16, 2004) reported the value of just compensation at $160,000.00. A design modification to the Interchange project included an Access Easement required by Los Angeles County. This Access Easement increased the required property area from 18,281 square feet to 21,704 square feet. Due to the passage of time and the design modification, a revised offer letter was presented to the property owner on April 26, 2004. This offer was based on an updated appraisal, which included the additional square footage. The updated appraisal was dated April 21, 2004, and the appraisal was $57,100.00. Pursuant to California Government Code Sections 7267.2, 37350, and 40401 et seq., and California Code of Civil Procedure Section 1230.010 et seq., and Section 19, Article I of the California Constitution, and other authorities, the City of Santa Clarita is authorized to acquire property interests by eminent domain, provided certain procedural steps are followed. The Notice of Hearing was timely and duly noticed. A copy of the Notice of Hearing is attached, showing that the notice was given in accordance with the applicable statutes. Adoption of this resolution requires four of the five City Councilmembers to vote affirmative. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Funds are available to acquire the subject property needed to accommodate this future roadway in Account No. S3005301. The expense of litigation associated with the condemnation action is unknown as this time. ATTACHMENTS Resolution Notice of Hearing to Owner Easement Exhibits A and B Vicinity Map City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355-2196 Website: w .santa-clarita.com May 5, 2004 Phone (661) 259-2489 Fax (661) 259-8125 Greenbrier Associates, Ltd. c/o Mr. John Francis, Francis Properties Management 501 S. Beverly Boulevard, Suite 100 Beverly Hills, CA 90212 Subject: APN 2849-024-017 and 2819-024-018 21301 Soledad Canyon Road, Santa Clarita, CA CERTIFIED TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROJECT NO. S3005 Dear Owner(s), 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 easements interests of certain real property ("Property"), for public road and right-of-way purposes and all appurtenant uses, as described and depicted on Exhibits "A" and "B" attached hereto and tabled below, incorporated herein by this reference. APN# Type Square Feet 1 2849-024-018 Portion Road Easement 7,840 2 2849-024-018 Portion Slope Easement 1,161 3 2849-024-018 Portion Drainage Easement 3 4 2849-024-018 Portion Temp. Const. (TCE) 3.197 5 2849-024-017 Portion Temp. Const. (TCE) 5,958 6 2849-024-017 Portion Right -of -Way Parcel 435 7 2849-024-018 Portion Access Easement 3.110 Total 31.704 PRINTED ON RECYCLED PAPER Greenbrier Associates, Ltd. May 5, 2004 Page 2 A hearing will be held on May 25, 2004 at 6:00 p.m., or as soon thereafter as the City Council can hear said matter, at the Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California 91355. If the resolution is adopted at this meeting, it will authorize the City to acquire the property described herein by eminent domain for the construction of the Golden Valley Road/Soledad Canyon Road Interchange and collector road improvements (hereinafter, the "Project"). Please take further notice that you have a right to appear and be heard at said Hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code Section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code Section 7267.2(a); e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection at the office of the City Clerk at 23920 Valencia Blvd., Suite 340, Santa Clarita, CA 91355, five (5) days after this Notice was mailed (May 10, 2004) and prior to the hearing at the place of the hearing. Greenbrier Associates, Ltd. May 5, 3004 Page 3 The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, as may be determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you desire to be heard, please be advised that a written request must be actually received by the City Clerk within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. A failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard on the above matters and issues that are the subject of the hearing. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. If you have any questions regarding this hearing, the offer, or have additional information regarding the value of your property, please contact Barbara Stoll, Acquisition Specialist, at (661) 286-4046. Sincerely, Robert G. Newman Director of Transportation & Engineering Services RGN:BS:sp s/tes/cpp/stoiVGeen brierNoriceodHearing.doc Enclosure cc: Brian Pierik, City Attorney Robert E. Solomon, Esquire, Friedman & Soloman, LLP Mark Yamarone, Capital Planning & Programming Administrator Date of Mailing: May 5, 3004 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN INTEREST IN REAL PROPERTY SOLEDAD CANYON ROAD/GOLDEN VALLEY ROAD INTERSECTION/INTERCHANGE (APN 2849-024-017 and 2819-024-018/21301 Soledad Canyon Road, Santa Clarita, CA) REQUEST TO APPEAR AND BE HEARD Name Telephone Address Date Signature Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita, CA 91355 hL