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Home My WebLink About2005-11-22 - AGENDA REPORTS - BOUQUET SOLEDADCYN IMPROV S103 (2)Agenda Item: O CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Christopher Price DATE: November 22, 2005 SUBJECT: BOUQUET JUNCTION INTERSECTION/SOLEDAD CANYON ROAD IMPROVEMENTS, PROJECT NO. S1036 - RESOLUTION OF NECESSITY, L.A. PRIME PROPERTIES II, LLC DEPARTMENT: Public Works RECOMMENDED ACTION 1) City Council conduct a public hearing, receive the 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; 2) Adopt a resolution authorizing the condemnation proceedings necessary for the right-of-way acquisition for completion of the Bouquet Junction Intersection/Soledad Canyon Road Improvements, Project No. 51036; and 3) Authorize the deposit of $30,000.00 with the Los Angeles Superior Court to initiate immediate taking proceedings. BACKGROUND Construction of the proposed improvements to Bouquet Junction intersection will relieve traffic congestion and promote public safety. This intersection is a key component of the circulation element of the City's General Plan. Newhall Land is the developer of Tract Map No. 51931 and is responsible for the implementation of improvements to Bouquet Junction intersection, as part of the conditions of approval. Newhall Land has contacted the owner of the property at 26270 Bouquet Canyon Road, but was unsuccessful at obtaining the necessary right-of-way. The right-of-way from all other impacted properties has been acquired. The City and Newhall Land entered into an Off -Site Acquisition Agreement on October 11, 2005. As part of the conditions for Tract Map No. 51931, off-site improvements to Bouquet Junction intersection include the installation of triple left turns, northbound from Valencia Boulevard. To Adopted:len `�l accomodate the southerly shift of the roadway alignment, Valencia Boulevard/Soledad Canyon Road will be re -aligned, shifting slightly to the south. The project requires property for a permanent easement for right-of-way of 612 square feet, and a temporary construction easement of 500 square feet. The required property is primarily vacant. Improvements to the property include paving, street trees, and landscaping. No dwellings or buildings are located on the required property. Negotiations with the property owner have not resulted in acquisition of the property. The original offer of $30,000.00 was presented to the property owner on October 26, 2005. This offer was based on an appraisal dated July 13, 2005, showing an appraised market value of $30,000.00 for 612 square feet of property, 500 square feet of temporary construction easement, and landscaping improvements. 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 Director of Community Development has found this acquisition to be consistent with the City's General Plan. 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. As is the case for every other proposed condemnation by the City, staff will continue to negotiate with the property owner to reach a settlement. At this time, however, City staff believes that it is important to move the official processes forward, so that improvements may begin that will complement the approaching completion of the Bouquet Canyon Bridge Widening project, and allow for a higher level of service to motorists in the area. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No fiscal impact is expected. Per the terms of the Off -Site Acquisition Agreement, Newhall Land deposited $50,000.00 into Account No. S1003604 to cover the cost of acquiring the real property and City staff time. The final expense of litigation associated with the condemnation action is unknown as this time. but will also be borne by Newhall Land. ATTACHMENTS Resolution Notice of Hearing Exhibit "A" - Legal Description Exhibit "B" - Vicinity Maps City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355-2196 Website: www.santa-clarita.com October 26, 2005 L.A. Prime Properties II, LLC 1026 S. Wall Street 2nd Floor Los Angeles CA 90015 '661) 259-2489 a Fax F A+a T �661) 259-8125 M.. p hrvu,rp , CERTI—jfED u . `I,. Subject: APN 2836-011-006, 23270 Bouquet Canyon Road, Santa Clarita, CA 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 INTERESTS IN AND TO REAL PROPERTY LOCATED IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. TO ACOUIRE PROPERTY BY EMINENT DOMAIN FOR THE BOUQUET JUNCTION IMPROVEMENTS PROJECT NO. S1036 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. The Property is described and depicted on Exhibits "A" and `B" enclosed hereto and tabled below, and is incorporated herein by this reference. Based on an independent appraisal commissioned by the City, the value of the property in question totals $30,000.00, (rounded) breakdown as follows; Fee Simple Take - 612 square feet $25,100 Temporary Construction Easement — 500 square feet $2100 Cost of improvements — 240 square feet asphalt $840 372 square feet landscaping $1,860 The temporary construa)ion easement shall be for a term not to exceed 12 months from the commencement of construction. A hearing will be held on November 22, 2005 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 Bouquet Junction Road/Soledad Canyon Road Intersection Improvement (hereinafter, the "Project"). PRINTED ON RECYCLED PAPER Owners) October 26, 2005 Page 2 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., Santa Clarita, CA 91355, five (5) days after this Notice was mailed (October 26, 2005) and prior to the hearing at the place of the hearing. 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. Owner(s) October 26, 2005 Page 3 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 me at (661) 286-4046. Sincerely, Barbara Stoll Acquisition Specialist BS:tw s/tes/cpp/stolVBouquetJunction/LAPrimeNoticeodHearing.doc Enclosure cc: Robert P. Baker, Law Offices of Robert P. Baker Robert Newman, Director of Public Works Alan Sozio, City Attorney Harry Corder, Senior Engineer Date of Mailing: October 26, 2005 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 BOUQUET JUNCTION/SOLEDAD CANYON ROAD INTERSECTION IMPROVEMENTSS (APN 2836-011-006, 26270 Bouquet Canyon Rd, Santa Clarita, CA) November 22, 2005 REQUEST TO APPEAR AND BE HEARD Name Telephone Address Date Signature Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd., Suite 304 y Santa Clarita, CA 91355 EXHIBIT "A" PARCEL 2636-011-006 (GVD COMMERCIAL PROPERTIES INC.) A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN DEED RECORDED JANUARY 2, 1979 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA AS INSTRUMENT NO. 79-004739 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RANCHO SAN FRANCISCO, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING THE MAP THEREOF FILED IN BOOK 1, PAGES 514 ET. SEQ., OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 5173 FILED IN BOOK 59, PAGE 78 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 5173, ACCORDING TO THE MAP THEREOF FILED IN BOOK 59, PAGES 78 OF PARCEL MAPS, BEING A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF THAT CERTAIN ROADWAY KNOWN AS SOLEDAD CANYON ROAD, 120.00 FEET WIDE; THENCE ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF SOLEDAD CANYON ROAD, 120.00 FEET WIDE, NORTH 76°51'59" WEST, A DISTANCE OF 176.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF SOLEDAD CANYON ROAD, 120.00 FEET WIDE, NORTH 79057'47" WEST, A DISTANCE OF 32.36 FEET TO THE BEGINNING OF A TANGENT 1542.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03005'48", AN ARC DISTANCE OF 83.34 FEET; THENCE NORTH 76°51'59" WEST, A DISTANCE OF 78.26 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 13°08'01" EAST, A DISTANCE OF 4.00 FEET TO A POINT ON SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF SOLEDAD CANYON ROAD, 120.00 FEET WIDE; THENCE ALONG SAID EXISTING SOUTHERLY RIGHT- OF-WAY LINE OF SOLEDAD CANYON ROAD, 120.00 FEET WIDE, SOUTH 76°51'59" EAST, A DISTANCE OF 193.87 FEET TO THE POINT OF BEGINNING. CONTAINING 611.98 SQUARE FEET (0.014 ACRES), MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS A PORTION OF THE CENTERLINE OF BOUQUET CANYON ROAD AS SHOWN ON TRACY MAP NO. 51931-02, RECORDED IN BOOK 1238, PAGE 40 OF MAPS, RECORDS OF LOS ANGELES COUNTY, I.E. NORTH 36°29'41" EAST. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. SIGNATURE: ((*rEXPIRES H�STEVEN M. HOWELL, LS 5758 LICENSE EXPIRES 6/30/04 DATE: November 25, 2003 06-30-04 + No. PAGE IOFI EXHIBIT "B" I j 11 � TRACT 51931-02 I I M9 1238/40 I j I I I COOROAD I i I 45A. PORTION LS �9A0 Op PA�C�L 4� OF RANCHO R' BAN FRANCISCO PARCEL 1 . 5 ss ��s9 QAR��L PARCEL 3 T%3 9i•£10 A.P.N. 2836-011-006 A D=56'31'00" S� PM ,1 R L=991.37' R=1005.04' PROPOSED < J' ��\ syr RIGHT-OF-WAY <' ACQUISITION i n`po o�F �$ 0�J SEE DETAIL°/9. �% 0.\ O SHEET 2. 'p" 0, 40, SCALE: 1"=150' ' o i SEE SHEET 3 FOR VICINITY MAP & BASIS OF BEARINGS CITY OF SANTA CLARITA RIGHT-OF-WAY ACQUISITION BOUQUET CANYON ROAD/SOLEDAD CANYON ROAD Waal WEST SIXTH s6 SHEET 1 J30VLE ONTARIO, CAA 917622 933-5225 11/18/2003 OF -mss(909) (909) 933-5228 FAX H:\V03\100\ACAD\Right_of_Way.dwg 3 SHEETS �\ oo T0ooN o4 RAND 9695 Nss38/,• �p1 ; pep�96'R0 EXIST. N 9 E 6 �(p. a 00 I,rn. 60. PARCEL 1 0-% FOR PARCEL DATA) PM 5173 Sao A PM 59/78 A.P.N. 2836-011-006 PARCEL B Imw (b &';. PARCEL T.P.O.B. �o O SCALE: 1"-50' m i, iTp IJ LEGEND ® LAND ACQUISITION AREA P.O.C. AREA= 391.8 SQ. FT. REMAINDER= 117,316.2 SQ, FT. SEE SHEET 3 FOR VICINITY MAP & BASIS OF BEARINGS CITY OF SANTA CLARITA RIGHT-OF-WAY ACQUISITION BOUQUET CANYON ROAD/SOLEDAD CANYON ROAD 11331 WEST SIXTH STREET SHEET 2 DOME ONTARIO, CA 81762 (909) 933-5225 1\ACAD\2003 OF (909) 933-5228 FAX N: \V03\100 CAD RI ht_o}_Wo .dw Y 9 3 SHEETS 0 SANTA CLARA ..RNER 'NAG/G ............... eo SANTA oy CLA R ITA TOWN CENTER� m c, At Ro VP�NC\P 2 M z '! 0 VALENCIA o 0 VICINITY MAP (NOT TO SCALE) BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT AND LEGAL DESCRIPTION IS A PORTION OF THE CENTERLINE OF BOUQUET CANYON ROAD AS SHOWN ON TRACT MAP NO, 51931-02 RECORDED IN BOOK 1238, PAGE 40 OF MAPS, RECORDS OF LOS ANGELES COUNTY, I.E. NORTH 36'29'41" EAST. CITY OF SANTA CLARITA RIGHT-OF-WAY ACQUISITION BOUQUET CANYON ROAD/SOLEDAD CANYON ROAD 11331 WESTARID SIXTH SHEET 3 �0�� ONTARIO, CA 91762 762 OF a)umI�CnM0PLmrr 909 933-5225 11/18/2003 7l7 (9 9) 33-5228 FAX H:\VO3\100\ACAD\Right—of_Woy.dwg 3 SHEETS Lot name: Rev3-Parcel 1, PM 59178 (PM 5173) — Parcel 4b North: 9852.7867 East: 10366.8763 Line Course: N 79-57-47 W Length: 32.36 North: 9858.4265 East: 10335.0116 Curve Length: 83.34 Radius: 1542.00 Delta: 3-05-48 Tangent: 41.68 Chord: 83.33 Course: N 78-24-53 W Course In: N 10-02-13 E Course Out: S 13-08-01 W RP North: 11376.8271 East: 10603.7562 End North: 9875.1614 East: 10253.3789 Line Course: N 76-51-59 W Length: 78.26 North: 9892.9439 East: 10177.1660 Line Course: N 13-08-01 E Length: 4.00 North: 9896.8393 East: 10178.0748 Line Course: S 76-51-59 E Length: 193.87 North: 9852.7876 East: 10366.8738 Perimeter: 391.84 Area: 611.98 sq.ft. 0.01 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0027 Course: N 70-51-42 W Error North: 0.00089 East: -0.00256 Precision 1: 144,366.56