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HomeMy WebLinkAbout2005-01-11 - AGENDA REPORTS - VIA PRINCESS CONDEM MC 04 361 (2)Agenda Item: is CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: i ' Item to be presented by: Jason Mikaelian DATE: January 11, 2005 SUBJECT: THE CONDEMNATION OF PROPERTY IN LOS ANGELES COUNTY, MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034), A MITIGATED NEGATIVE DECLARATION AND A RESOLUTION OF NECESSITY FOR THE CONSTRUCTION AND REALIGNMENT OF THE VIA PRINCESSA EXTENSION DEPARTMENT: Planning and Economic Development RECOMMENDED ACTION 1) City Council conduct a public hearing, receive staff report and review evidence presented at the public hearing, including comments and any written comments presented or received at the public hearing. 2) Adopt a resolution approving Master Case No. 04-361 (Oak Tree Permit No. 04-034) and adopt a Mitigated Negative Declaration for the removal of up to 37 oak trees on property in Los Angeles County for the realignment and construction of the Via Princessa extension. 3) Adopt a resolution authorizing the condemnation proceedings necessary for the right-of-way acquisition of 7.94 acres of property in Los Angeles County for the realignment and construction of the Via Princessa extension. 4) Authorize the City Attorney to execute all required documents, including Eminent Domain Complaint, regarding the subject property and deposit $172,193.00 with Los Angeles Superior Court to initiate immediate taking proceedings. BACKGROUND The application request is for the City of Santa Clarita to use its condemnation authority to secure property from the Fair Oaks Homeowners Association (Fair Oaks HOA) to realign and Wnued To: construct an extension of Via Princessa in Los Angeles County and to approve the removal of up to 37 oak trees. The item was originally scheduled for a public hearing at the October 24, 2004 City Council meeting. However, the item was continued at the request of the Fair Oaks HOA first to November 23, 2004 and then to January 11, 2005. This was to give staff, the developer (PacSun LLC/ Pardee Homes) and the Fair Oaks HOA additional time to discuss a potential settlement. The parties met and discussed the project on several occasions in November and December of 2004. On December 9, 2004, representatives from the City and developer attended a Fair Oaks Ranch community meeting to discuss issues and answer questions regarding the roadway extension. The HOA also presented a list of items they wanted from Pardee. At the time this agenda report was prepared, Pardee had indicated that they were willing to meet a number of the improvements requested by the Fair Oaks HOA in conjunction with the condemnation process. This is a private party action and would not be part of the Council's action regarding the condemnation process. However, it is important to note that Pardee, in an act of good faith, will be meeting a number of the Fair Oaks HOA terms including enhanced landscaping, improvements to the park and further protection from noise and ground vibration during the construction period. Pardee has stated they will present a list of these items to the Council at the public hearing for their information. Please note there are several items that have not been agreed upon which is why action by the Council at this point and time is requested. These items will also be presented at the public hearing. The 7.94 acre project area is located at the southern terminus of Via Princessa in the Fair Oaks Ranch development in Los Angeles County. The project area is currently owned and maintained by the Fair Oaks HOA and is undeveloped as open space. Surrounding uses to the west, north and east include open space areas, a park and single-family dwellings. To the south will be the Golden Valley Ranch development in the City of Santa Clarita, which has begun grading. Via Princessa north of the project area to State Route 14 has already been constructed, while the remaining portions outside of the present project will be constructed as part of the Golden Valley Ranch development. As part of the January 2002 City Council approval of the Golden Valley Ranch development, the developer was directed to relocate Via Princessa 250 feet to the west to reduce potential environmental impacts to, among other things, the number of oak trees in and around the project area. This new location was evaluated after careful consideration, and was determined to be the only viable alternative alignment for Via Princessa, as a further shift either to the east would have impacted existing homes and a further shift to the west would have impacted existing homes and a park. The project consists of the construction of Via Princessa as a four lane secondary highway with an 80 foot right-of-way at the northern end of the project area and widening to a 92 foot right-of-way at the City boundary. This action was anticipated as part of the Golden Valley Ranch project. This difference in width is because the City requires greater right-of-way widths for secondary highways. Both sides of the street will have sidewalks and parkway trees. No structures or uses would be constructed and the remaining project area would be preserved as open space. The developer would be required to fund and construct the roadway and fund and plant all landscaping including landscape medians, parkways, and graded slopes. The Golden Valley Ranch development would also be responsible for all landscape maintenance, whether directly or through assessment fees. Per the California Vehicle Code, speed limits will be established once the road is open to regular traffic and an Engineering and Traffic Survey has been performed. Los Angeles County already has an 80 foot wide by 700 foot long easement to construct the roadway from the southern terminus of Via Princessa to the City boundary. However, that easement does not align with the proposed realigned roadway location in the Golden Valley Ranch development. In order for the roadways to connect, the easement would need to be shifted up to 250 feet to the west. A total of 7.94 acres would be necessary to construct the realigned Via Princessa extension, with 1.55 acres for the roadway right-of-way, 4.93 acres for permanent slope and flood control easements and 1.46 acres for temporary easements for vehicle storage and access. The temporary easements would revert back to the Fair Oaks HOA once the roadway is constructed. None of the permanent easements would impact the park or single-family dwellings in Fair Oaks Ranch. ENVIRONMENTAL IMPACTS In January 2002, the City Council certified the Final Environmental Impact Report (EIR) for the Golden Valley Ranch development and adopted the Mitigation Monitoring and Reporting Program. All of the traffic studies and models in the report assumed Via Princessa would be extended connecting the Golden Valley Ranch development to State Route 14. As part of this application, a draft Mitigated Negative Declaration (MND) was completed. The MND stated the project will have a "Less than Significant Impact with Mitigation" on the environment with regards to aesthetics, biological resources, geology/soils and hydrology/water quality. Other areas such as air quality, hazards/hazardous materials, noise and transportation/traffic were identified as having a "Less than Significant Impact" or "No Impact" on the environment. This is because the impacts were considered less than what would have occurred with the original roadway location or were already reviewed as part of the Golden Valley Ranch EIR. The MND stated the original roadway location would be constructed over a blueline stream and cut across a drainage course. In addition, 46 oak trees would be removed, including two heritage oaks. A 2002 survey of the property identified 24 trees for removal. Updated surveys, the draft MND and noticed materials stated 34 oak trees would be removed as part of the roadway realignment. However, a more detailed survey of the project area conducted in November 2004 identified 37 trees for removal. This number is consistent with what was evaluated in the draft MND, and therefore, additional analysis was not required. The realigned roadway would preserve the blueline stream, but would cut across the drainage course further to the west. As stated, up to 37 oak trees would be removed; however, none would be heritage oaks. Overall, this would reduce by nine the number of oak trees removed as a result of realigned roadway. Mitigation measures include requiring the construction of a subdrain system along the natural route of the drainage course and the replanting of 74 oak trees (a 2:1 replacement ratio). In addition, graded slopes will be replanted with native vegetation to complement the surTounding open space areas. In July 2004, the Foothill Fire consumed a majority of the Golden Valley Ranch property and all of the project area. Testing is being conducted on the status of oak trees in the project area. While some oak trees have been uprooted and are fallen over, it may take up to two years to fully assess whether the remaining oak trees will survive. Therefore, staff is assuming all standing oak in the project area will survive and their loss would need to be mitigated. OAK TREE PERMITS Although the project area is located outside the City's boundaries, staff recommends the project be subject to the City's Oak Tree Ordinance. In the City of Santa Clarita, any request for the removal of four or more trees requires City Council or Planning Commission approval. The City values the importance of oak trees and requires the preservation of healthy oak trees unless compelling reasons justify their removal. In this particular case, the removals are necessary to enable reasonable use of the project area which is otherwise prevented by the presence of the trees and no reasonable alternative can be accommodated. Relocating the roadway would result in a greater loss of oak trees or would negatively impact single-family residences and a park. In addition, mitigation measures have been added requiring the replanting of 74 oak trees (2:1 replacement ratio). PROPERTY CONDEMNATION The conditions of approval for the Golden Valley Ranch development called for the developer to negotiate with property owners to purchase or have access for required easements and roadways, such as the Via Princessa roadway extension. Condition No. 34 states that if the developer is unable to reach an agreement, the City, in its sole discretion, may use its powers of condemnation to secure the land. Pardee Homes began negotiating with the Fair Oaks HOA in January 2003. Offers were presented in August and October 2003. As of May 2004, negotiations had not yet resulted in an agreement. Therefore, the land would need to be condemned in order to allow for Pardee Homes to construct the revised roadway. In June 2004, Pardee Homes and the City entered into an agreement. Rather than secure the land outright, the City proposes to establish surface and access easements over the land. As such, the Fair Oaks HOA will still own the land underneath. Pursuant to California Government Code sections 6500 et seq., 7260 et seq., 37350 et seq., and 40401 et seq., California Code of Civil Procedure section 1230.010 et seq and Section 19, Article I of the California Constitution, and other authorities, the City is authorized to acquire property interests in the property by eminent domain, provided certain procedural steps are followed. First, it must be determined whether the City has the authority to take the property, which is located outside of its territory. California state law allows for a local public entity to acquire by eminent domain property outside its territorial limits where the power is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers. Section 5301 of the Public Resources Code allows for the City to acquire property outside its boundaries for public boulevards such as the Via Princessa roadway when the property to be acquired is adjacent. Since the property necessary for the project is to be used for a public roadway and is adjacent to the City, the City has the power to acquire it for eminent domain. Next, the City must make an offer to the property owner based on an appraisal, which must be transmitted in writing. The City obtained an appraisal as of August 30, 2004 of the fair -market value of the just compensation of all the property and/or real estate interests required for the project. This includes the cost of pen-nanent easements, temporary easements and removed oak trees. The total just compensation of the property was determined to be $172,193.00. As required by law, the City of Santa Clarita presented offer letters to the Fair Oaks Ranch HOA on September 30, 2004 based on this appraised amount. A revised appraisal of the oak trees was completed in November 2004. Although the revised appraisal included a larger number of trees (37 total), it also took into account damage incur -red from the Foothill Fire. Because of fire damage, the total value did not increase. The City sent a new offer letter on December 20, 2004. Attached to this report is a more detailed timeline of the project (Exhibit A) as well as copies of the September and December offer letters (Exhibits 1 and 2). To date the offer has not been accepted. Because the offer has not been accepted, it is now necessary that an action in eminent domain be commenced to acquire the property. Prior to filing the action, the City must hold a healing on a Resolution of Necessity and provide the owner of the property an opportunity to be heard at that hearing, provided the owner has timely filed a request to be heard in writing with the City prior to the hearing. After conducting the public hearing, if the City finds that the public necessity so requires, the City should adopt the proposed Resolution of Necessity authorizing condemnation proceedings for the purpose of acquiring the property which is described in the resolution. The findings, which need to be made, are as set forth in the Resolution of Necessity. Specifically, the City must find, among other things, that: A. The public interest, convenience, and necessity require the acquisition by the City of the property. As proposed, the project will serve public purposes, as discussed above; B. The project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. As set forth above, the property is being acquired to realign a portion of Via Princessa so as to reduce the environmental impacts in and around the project area and, as set forth above, the unique physical development constraints of the property would allow for no other viable location for the realignment that would not impact homes or a park; C. The taking of the interests as above described is necessary for the stated project. As set forth above, there is no other viable alternative location to realign Via Princessa, which roadway is necessary as part of the Golden Valley Ranch development; D. The City has fully complied with all the provisions of California's Environmental Quality Act ("CEQA") in regard to the project. As discussed above, a NIND is being considered for certification by the City Council as part of Master Case No. 04-361 (Oak Tree Permit No. 04-034), which reviewed the realignment and construction of the extension of Via Princessa and the removal of up to 37 oak trees. Should the City certify the MND, this will demonstrate the City's full compliance with CEQA; and E. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Sec. 1245.235, was given. The hearing was timely and duly noticed. Submitted herewith as Exhibit 2 is a copy of the Notice of Healing which was notice was given in accordance with the applicable statutes. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the property are at an end. If the City adopts the resolution of necessity, after the hearing, negotiations for the acquisition of the property will continue. ALTERNATIVE ACTIONS 1) Direct staff to continue to work with the property owner, Fair Oaks Ranch Homeowners Association, to reach a mutually beneficial purchase agreement. 2) Other action as determined by the City Council. FISCAL IMPACT No fiscal impact is anticipated with this action. Per the Golden Valley Ranch development conditions of approval, the developer is required to reimburse the City for all costs associated with the project including the value of the land, staff hours and hearing costs. The developer has already deposited $50,000.00 to the City. Pardee Homes would construct the roadway and all other street improvements, implement mitigation measures and install landscaping. The City's Landscape Maintenance District (LMD) will maintain the parkways with funds from a bond placed by Pardee Homes. The Golden Valley Ranch Homeowners Association will maintain the landscaped slopes. This is consistent with the improvements proposed with the Golden Valley Ranch development. ATrACHMENTS A. Timeline 1. September 30, 2004 offer letter 2. December 20, 2004 amended offer letter 3. Notice of Hearing 4 & 5. Maps 6. Resolution for Master Case No. 04-361 7. Conditions for Master Case No. 04-361 8. Resolution for Condemnation of Land 9. Mitigated Negative Declaration available in the City Clerk's Reading File 10. Legal Description available in the City Clerk's Reading File EXHIBIT A TIMELINE City of Santa Clarita Planning Division Via Princessa. Roadway extension January 11, 2004 January 2002 City Council approved Golden Valley Ranch (GVR) Developer (PacSun/ Pardee) to negotiate with property owners for required casements and roadways (such as the Via Princessa roadway extension) City to use condemnation if developer is not successful October 30, 2002 First oak tree report, identifies 24 oak trees for removal January 2003 Pardee begins negotiating with Fair Oaks Homeowners Association (Fair Oaks HOA) August 6, 2003 Pardee submits $60,000 offer to Fair Oaks HOA August 11, 2003 Fair Oaks HOA rejects Pardee's offer and request $1 million in compensation October 14, 2003 Pardee increases offer to Fair Oaks HOA to $120,000 January 4, 2004 Property is appraised for 5.15 acres at $39,000 May 2004 Fair Oaks HOA has not yet responded to Pardee's offer June 2004 City and Pardee enter agreement July 2004 Foothill Fire destroys oak trees on subject property August 31, 2004 Property area and appraisal updated for 7.94 acres at $50,000 Oak trees from 2002 report valued at $122,103 Total just compensation valued at $172,193 September 30, 2004 City sends first offer letter and notice of hearing to Fair Oaks HOA October 26, 2004 Council Public Hearing is opened and continued to November 23, 2004 November 15, 2004 City and Pardee meet with Fair Oaks HOA President, Fair Oaks HOA presents first list of items to Pardee November 17, 2004 Oak tree report updated to include 37 trees and damage from fire, although overall value of trees is less than previously appraised, Pardee agrees to pay the higher amount November 23, 2004 Public Hearing continued to January 11, 2005 December 9, 2004 City and Pardee attend Fair Oaks HOA Community Meeting, Fair Oaks HOA presents second list of items to Pardee December 20, 2004 City sends second offer letter and notice of hearing to Fair Oaks HOA January 2005 Pardee and Fair Oaks HOA have not reached agreement on list of items January 11, 2005 Council Public Hearing SAPBS\CURREN'n!20G4\04-361 (Via Princessa GVR)\Exhibit A-Timeline.dm City of Santa Clarita 23920 Valenc:a Pilvd. Sutte 300 Santa C:anta Calibmia G1 3--S-21 96 'Neosite� Nww sania-c!anta zom September 30. 2004 P!none EXHIBIT 2 �661 � 259-2489 661 � 2�9-81 25 CALIFORNIA OVERNIGHT Fair Oaks Ranch Homeowner's Association c/o Fair Oaks Ranch Community Association Attention: Ms. Chris Walters 25 115 W. Avenue Stanford, Suite 107 Santa Clarita, CA 9 1355 Subject: Offer to Purchase Ri.ght-of-Way for the Realignment of Via Princessa Parkway Tract 524 14, County of Los Angeles Dear Property Owner: As you may know, the City of Santa Clarita has proposed to realign the previously planned route of Via Princessa Parkway. The City has determined that a realignment of Via Princessa would better protect the nearby heritage oak trees, without increased detriment. With any alignment, the removal of some lessor sized trees is necessary. The City actively pursues the preservation of open spaces and natural resources, and would like to encourage your consideration of this new alignment and the benefits it will provide, The required improvements to Via Princessa Parkway include road, slope and temporary construction easements. The required easements are as follows: Public Road Easements Slope Easements Temp. Construction Easement Easement for Covered Storm Drain, Appurtenant Structures. Ingress and Egress, and Flood Control Purposes Removal of Required Shade Trees (24) Parcel 1 1.43 acres Parcel 2 3,247 sq. ft. Parcel 3 2,173 sq. ft. Total: 1. 55 acres 2.88 acres Parcel 2 19,814 sq, ft. Parcel 3 31,272 sq. ft. Parcel 4 12,414 sq. ft. Total: 63-500 sq. ft. or 1.46 acres 2.05 acres Legal descriptions and depictions of these interests are attached hereto. LA =48a9-0835-1)96 I @ PRINTED CN RECYC�-D PAPER Fair Oaks Ranch Homeowner's Association September '30. 2004 Pa2e 2 The City has obtained an appraisal of the fair -market value of the just compensation of all the property and/or real estate interests required for this project. The property was valued on August 3 1. 2004, by independent, professional appraisers. The total just compensation of the property. including the required trees. was deter -mined by the appraisers to be $172.193.00. The City has obtained a preliminary title report that shows Fair Oaks Ranch Neighborhood HOA to be the vested owner of the above -referenced property interests. The City is offering, subject to City Council approval, the full amount reflected in the appraisal as the fair -market value for the property, The City would pay all usual fees, charges, and costs that arise out of this transaction. If you are not the owner of these property interests, please contact us immediately. The basis for that determination as just compensation for the property is explained in the attached Appraisal Summary. This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by an independent fee appraiser, which includes supporting sales data and other documentation. If this offer is acceptable to you, please so indicate to the undersigned in writing by October 22, 2004. Upon your acceptance, the City will prepare and forward to you the appropriate documents to complete the transaction. Please note that this offer is subject to the ratification of an agreement for purchase and sale by the Santa Clarita City Council, the adoption of a resolution of necessity, or both. This offer is subject to your ability to convey clear title to the property (i.e. free of encumbrances or liens, other than liens for taxes and any utility encumbrances acceptable to the City). If you decide to accept this offer, it is recom.mended that you promptly contact any persons to whom you may be making payments under trust deeds, or other liens, and reach an agreement with them as to the amount of money, if any, they will demand in escrow to clear the Interests of these liens and encumbrances. In the event that there are liens and encumbrances, the owner of the Interests shall either: • Pay to owners of liens and encumbrances, out of the approved compensation paid by the City. the amount needed to terminate leases or cancel trust deeds, morigages, or other liens affecting the property acquired; or • Arrange for holders of leases, trust deeds, mortgages, or other liens to quitclaim their interest, if any, to the Interests being acquired by the City. Similarly. it is the owner's obligation to pay current and past due property taxes. However, You will riot be required to pay recording fees. transfer taxes, or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession to the City. Please be advised that the offer stated above also presumes the property is free of hazardous substances ias that term is ciefined under California Health and Safetv Code I LA �4849-083�-9936 I Fair Oaks Ra,—ri Homeowner's Association September 30. 1-004 Pa2e ') Section 33459(b)) and all other subsurface soil contamination. In the event that any facts or circumstances arise which indicate the presence of such subsurface contamination. the Citv reserves the right to rescind or modify the offer stated above, at any time prior to its written acceptance, to reflect the estimate� or actual costs to remediate the property to the satisfaction and approval of all applicable regulatory agencies. Further. in the event' the City discovers such soil contamination after it acquires the property, the City reserves all rights and remedies it may have against you and all prior owners to seek damages or other obligations the City incurs as a result of the contamination, as may be permitted or authorized by any law. including, but not limited to, CERCLA (42 U.S.C. §9601 et seq.), the Hazardous Waste Control Law (California Health and Safety Code §25100 et seq.), the Porter Cologne Act (Califor-nia Water Code § 13000 et seq.), California Health and Safety Code §25280 et seq., §33459 et seq., and provisions of Proposition 65. If for any reason you are not satisfied with this offer of just compensation and have relevant information regarding the value of the property that you would like the City to consider, we will be happy to do so, In addition, you should be aware that in the event negotiations fail to result in an agreement, and the City decides to proceed with the acquisition of the property through eminent domain, the Public Hearing for the Resolution of Necessity will be held on October 26, 2004 at City Hall, 23920 Valencia Blvd., Santa Clarita, California. If for any reason you do not accept the City's offer, please be advised that the matters included within this letter, as well as the attached summary statement, fall within the provisions of, inter alia, Section 1152 of the Califomia Evidence Code, Section 1255.060 of the Code of Civil Procedure, and Sections 7267.1 and 7267.2 of the Government Code, and are not admissible in evidence in any eminent domain proceeding which may be subsequently instituted for the acquisition of the Property, or in any other action. If you have any questions regarding this offer or have information regarding the value of your property, please contact me at (661) 286-4046. Sincerely, B Uar6ara S to Acquisition Specialist BAS:sp S:\TES%CPRS tolITO R Via Princessa Re-alim offerd� Enclosures cc: Robert G. Newman. Director of Transportation & Engineering Services Alan Sozio. Burke. Williams, and Sorensen Joe -Montes. Burke. Williarru. and Sorensen Jason -'vlikaelian. Senior Planner Jim Bizzelle. Pardee Homes LA =4849-0835-99336 , i. City of Santa Clarita December 20, 2004 Certified Mail Chris Walters Fair Oaks Ranch Homeowners Association Euclid Management 25115 W. Avenue Stanford Santa Clarita, CA 91355 Subject: Amendment to September 30, 2004 Offer to Purchase AprToximately 4.41 -Acre Portion of Real Property For Road, Slope, Grading, and Flood Control Easements Dear Property Owner: Subsequent to the City of Santa Clarita's ("City") September 30, 2004 offer to the Fair Oaks Ranch Homeowner's Association ("7267.2 Offer"), a determination was made that the number of shade trees to be removed as part of the project would be greater than as set forth in the letter. Whereas, the 7267.2 Offer noted that twenty-four (24) shade trees would be removed, it is now understood that a total of thirty-seven (37) shade trees will be removed as part of the project. The October 30, 2002 date of value used for tree appraisal in support of the 7267.2 Offer predated the extensive damage suffered by the trees due to the July 2004 Foothill Fire. The most recent appraisal of the thirty-seven (37) trees uses a present date of value. Due to the extensive fire damage suffered by the trees, the present appraised value of the thirty-seven (37) trees amounts to $41,370.00. A summary appraisal of the thirty-seven (37) trees is attached hereto. Despite the foregoing, the City hereby renews its offer to purchase interests in the property, which is legally described and depicted in 7267.2 Offer and now considers the removal of thirty-seven (37) shade trees, for the amount of ,$172,193.00. This is the same amount set forth in the 7267.2 Offer. (In the interests of the City's good faith attempt to resolve this matter, it has elected not to reduce its offer to conform to the value of the most recent tree appraisal.) Aside from the consideration of the increase in the removal of shade trees from twenty-four (24) to thirty-seven (37), all other terms and conditions as set forth in the 7267.2 Offer shall remain the same. 0 PRINTED ON RECYCLED PAPER EXHIBIT 1 23920 Valencia Blvd. Phone Suite 300 (661) 259-2489 Santa Clarita Fax California 91355-2196 (661) 259-8125 Website: www.santa-cladta.com a December 20, 2004 Certified Mail Chris Walters Fair Oaks Ranch Homeowners Association Euclid Management 25115 W. Avenue Stanford Santa Clarita, CA 91355 Subject: Amendment to September 30, 2004 Offer to Purchase AprToximately 4.41 -Acre Portion of Real Property For Road, Slope, Grading, and Flood Control Easements Dear Property Owner: Subsequent to the City of Santa Clarita's ("City") September 30, 2004 offer to the Fair Oaks Ranch Homeowner's Association ("7267.2 Offer"), a determination was made that the number of shade trees to be removed as part of the project would be greater than as set forth in the letter. Whereas, the 7267.2 Offer noted that twenty-four (24) shade trees would be removed, it is now understood that a total of thirty-seven (37) shade trees will be removed as part of the project. The October 30, 2002 date of value used for tree appraisal in support of the 7267.2 Offer predated the extensive damage suffered by the trees due to the July 2004 Foothill Fire. The most recent appraisal of the thirty-seven (37) trees uses a present date of value. Due to the extensive fire damage suffered by the trees, the present appraised value of the thirty-seven (37) trees amounts to $41,370.00. A summary appraisal of the thirty-seven (37) trees is attached hereto. Despite the foregoing, the City hereby renews its offer to purchase interests in the property, which is legally described and depicted in 7267.2 Offer and now considers the removal of thirty-seven (37) shade trees, for the amount of ,$172,193.00. This is the same amount set forth in the 7267.2 Offer. (In the interests of the City's good faith attempt to resolve this matter, it has elected not to reduce its offer to conform to the value of the most recent tree appraisal.) Aside from the consideration of the increase in the removal of shade trees from twenty-four (24) to thirty-seven (37), all other terms and conditions as set forth in the 7267.2 Offer shall remain the same. 0 PRINTED ON RECYCLED PAPER Fair Oaks Ranch Homeowners Association December 20, 2004 Page 2 of 2 Should you have any questions in regards to this offer, please contact me at (661) 286-4046. reLYI 57 Barbara A. Stoll Acquisition Specialist BAS:sp SATES\CPP\St0U\LCgII Notices\7267.2 A�d=nt to OfferAm Enclosure cc: Robert G. Newman, Director of Building & Engineering Brian Pierek, City Attorney Alan Sozio, City Attorney Sarona Vivanco, Senior Management Analyst Lisa Hardy, Planning Manager Jason Mikaelian, Associate Planner Date of Mailing: December 20, 2004 City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355-2196 Website: www.santa-clarita.com December 20, 2004 Phone (661) 259-2489 Fax (661) 259-8125 Chris Walters Fair Oaks Ranch Community Association Euclid Management 25115 W. Avenue Stanford Santa Clarita, CA 91355 EXHIBIT 3 CERTIFIED MAIL Subject: Offer to Purchase Right -of -Way for the Realignment of the proposed Via Princessa Parkway, Tract No. 52414 - Road, slope, and temporary construction easement interests. VIA PRINCESSA PARKWAY TRACT NO. 52414 Dear Property Owner: YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City Council for the City of Santa Clarita. intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of easement interests of certain real property ("Property"), and oak trees located thereon, for public road and right-of-way purposes and all uses appurtenant thereto, as described and depicted on Exhibits "A" and "B" attached hereto. The hearing will be held on January 11, 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, Suite 105, Santa Clarita, California 91355. At the Hearing, the resolution of necessity, if adopted, will authorize the City to acquire the property described herein by eminent domain for the construction of the Realignment of the proposed Via Princessa Parkway (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: 0) PRINTED ON RECYCLED PAPER Fair Oaks Ranch Community Association December 20, 2004 Page 2 of 3 a. Whether the public interest and necessity require the proposed project; and 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; and C. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; and 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); and 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; and g. Whether the City has fully complied with the California Environmental Quality Act for the proposed project. 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 Boulevard, Suite 340, Santa Clarita, California, 91355, five (5) days after this Notice was mailed 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. 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 Fair Oaks Ranch Community Association December 20, 2004 Page 3 of 3 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) 286-4G46. Sincerely, C6ar/A. /Stoyl�l/ Acquisition Specialist BAS:sp SATEWMStolITORNOTICE OF REARING2.dm Enclosures cc: Robert G. Newman, Director of Building & Engineering Brian Pierek, City Attorney Alan Sozio, City Attorney Sarona Vivanco, Senior Management Analyst Lisa Hardy, Planning Manager Jason Nfikaelian, Associate Planner Date of Mailing: December 20, 2004 You may use the enclosure for the purpose of notifying the City of your intent and desire to be heard. REQUEST TO BE BEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN INTEREST IN REAL PROPERTY FOR THE REALIGNMENT OF THE PROPOSED VIA PRINCESSA PARKWAY REQUEST TO APPEAR A BE HEARD Name Telephone Address Date Signature Mail to: City Clerk City of Santa Clarita 23920 Valencia Blvd. Ste. 304 Santa Clarita CA 91355 AM I raw 41b § 'g NOTICE OF CONTINUED PUBLIC HEARING CITY OF SANTA CLARITA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting held January 11, 2005, continued a public hearing on THE CONDEMNATION OF PROPERTY IN LOS ANGELES COUNTY, MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034), A MITIGATED NEGATIVE DECLARATION AND A RESOLUTION OF NECESSITY FOR THE CONSTRUCTION AND REALIGNMENT OF THE VIA PRINCESSA EXTENSION to February 8, 2005. The continued public hearing will be held at or after 6:00 p.m. in the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California. Dated this 12 1h day of January, 2005. 'SUSAN COFFMAN, DAPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA 1, SUSAN COFFMAN, being first duly sworn, deposes and says that she is the duly appointed and qualified Deputy City Clerk of the City of Santa Clarita and that on January 12, 2005, she caused the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd., Santa Clarita, California. CSUSAN COFFMAN, DEPLJTY CITY CLERK Santa Clarita, California PublicHearings/CONTPH.doc