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Home My WebLink About2005-10-11 - RESOLUTIONS - CROSS VALLEY GAP CLOSURE (2)^' RESOLUTION NO. 05-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION AND OPERATION OF CROSS VALLEY CONNECTOR GAP CLOSURE, PROJECT NO. S 1001 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"), after consideration of the Agenda Report, staff presentation, discussion, oral testimony and evidence presented at the public meeting on October 11, 2005, hereby finds, determines and declares as follows: a. The public interest, convenience, and necessity require the acquisition by City of certain interests ("Interests") in and to certain real property ("Property") located within the City, the County of Los Angeles, State of California, for public use relative to public roads, and all uses appurtenant thereto to be located within and adjacent to the Cross Valley Connector Gap Closure, the extension of Newhall Ranch Road from Copper Hill to Interstate 5; and b. The Interests to be acquired consist of the following: A non-exclusive easement and right-of-way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove at any time and from time to time overhead electric lines, consisting of one line of towers or poles (whether metal or wood), the associated "IT' frame structures, guy wires and anchors, cross arms, wires, communication circuits, and other fixtures, and with necessary appurtenances for conveying electric energy to be used for light, heat, power, and incidental purposes (hereinafter referred to as "improvements") in, on, over, along, and across a strip of land in the County of Los Angeles, State of California, as described in Exhibit" A" attached hereto and made a part hereof (the "easement area") and depicted in Exhibit `B" attached hereto and made a part hereof, together with the right of reasonable ingress and egress over the underlying fee owner's property to and from the easement area. The easement and right-of-way shall grant the easement holder and its contractor, agents, and employees, the right to clear and to keep clear said easement area free from _ explosives, buildings, equipment, brush, combustible material, and any and all other obstructions of any kind (except for those herein provided), and are responsible to trim or remove any tree or shrub, which in the opinion of the easement holder may endanger said electric lines or any part thereof or interfere with the underlying fee owner, its successors, or assigns, in such a manner as to be unreasonably incompatible with easement holder's improvements. The easement and right-of-way reserves unto the underlying fee owner the right to use any surface, subsurface, and airspace thereover, of the herein before described easement area, for the installation of such facilities as it shall now or in the future deem necessary. Such rights shall not be exercised by the underlying fee owner, its successors, or assigns in such a manner as to be unreasonably incompatible with the easement holder's improvements. The easement holder shall indemnify, defend, and hold harmless the underlying fee owner, and its officers, agents, and employees from all claims, loss, damage, actions, causes of action, expense, or liability resulting form the installation, maintenance, or use of the improvements, including losses or liabilities incurred as a result of any injury or death to any persons or damage to any property arising out of or in connection with the improvements, (but only to the extent that such injury, death, or damage is caused by the negligent acts or omissions of the easement holder). Upon the request of the underlying fee owner, the easement holder shall at no cost or expense to the underlying fee owner, defend any suit or legal proceeding asserting a claim for losses or liabilities to the extent that any such or legal proceeding claims a loss covered by the terms of this indemnification provision. The easement holder covenants for its and its successors in interest that should the easement holder discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate and the easement holder, upon receipt of written request, shall execute and deliver to the underlying fee owner, at no cost, a good and sufficient Quitclaim Deed to all rights herein granted, in whole or in part, without prior written consent of the underlying fee owner; and c. The project, which consists of the proposed improvements to Newhall Ranch Road as part of the Cross Valley Connector project to improve public safety and relieve traffic congestion ("Project"), is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and d. The Interests, which will be transferred to the Southern California Edison upon their acquisition, are necessary for the Project; and e. The City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and f. The taking of the Interests as described above 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 2 g. The offer to purchase, required by California Government Code Section 7267.2, has been made to the owner of the property, and h. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure Section 1245.235, was given. SECTION 2. The City Council of the City of Santa Clarita hereby declares that it is its intention to acquire said Interests 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 Interests 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 Code of Civil Procedure Section 1240.610, or at the very least are compatible with the existing public use pursuant to Code of Civil Procedure, Section 1240.510. SECTION 4. That the Interests, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, are located within the City of Santa Clarita, County of Los Angeles, State of California. 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 filing of an application for an order of immediate possession prior to judgment. SECTION 6. This Resolution shall be effective immediately upon its adoption. SECTION 7. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this 11th day of October, 2005. ATTEST: CITY CLERK 3 MAYOR 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 11th day of October, 2005, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Ferry, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 05-121, adopted by the City Council of the City of Santa Clarita, California on October 11, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk F Exhibit "A" Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION 50 FT. WIDE EASEMENT TO CITY OF SANTA CLARITA IN SO. CALIF. GAS COMPANY PROPERTY NORTH OF 400' WIDE RESERVED EASEMENT I THAT PORTION OF THE RANCHO SAN FRANCISCO IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP RECORDED IN BOOK 1 PAGES 521 AND 522, OF PATENTS, RECORDS OF SAID COUNTY AS DESCRIBED IN DEED TO SOUTHERN CALIFORNIA GAS COMPANY RECORDED SEPTEMBER 30, 1975 AS INSTRUMENT NO. 1, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY BEING A 50.00 FOOT WIDE STRIP OF LAND, THE SOUTHWESTERLY LINE OF WHICH IS THE NORTHEASTERLY LINE OF THAT CERTAIN 75.00 FOOT WIDE EASEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 3219 PAGE 733, OF SAID OFFICIAL RECORDS. EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF THAT 50.00 FOOT WIDE EASEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY AS DESCRIBED IN DOCUMENT RECORDED NOVEMBER 25, 1929 AS INSTRUMENT NO. 1295 IN BOOK 9502 PAGE 300, OF SAID OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN 400 FOOT WIDE EASEMENT RESERVED IN SAID DEED TO SOUTHERN CALIFORNIA GAS COMPANY. 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