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Home My WebLink About2006-02-14 - RESOLUTIONS - INTERSTATE 5 PHASE II S1003 (2)RESOLUTION NO. 06-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION AND OPERATION OF INTERSTATE 5 AT MAGIC MOUNTAIN PARKWAY, PHASE 2 IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA 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 February 14, 2006, 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 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 Interstate 5 and Magic Mountain Parkway, which includes The Old Road; and b. The Interests in the Property to be acquired consist of 2,725 square feet in fee simple, as well as the improvements located thereon, and are additionally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference; and c. The project, which consists of the proposed improvements to satisfy conditions of various residential and commercial developments, part of the improvements to The Old Road and Magic Mountain Parkway Intersection 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 City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and e. The taking of the Interests in the Property as above described is necessary for the 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; and g. 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 the 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 Interests in 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 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 in the Property, 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 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. To the extent that the City is legally able, and for adequate consideration (i.e., fair market value), following acquisition from the County of Los Angeles of the existing The Old Road right of way abutting the Property, which will become surplus as a result of the project ("Surplus Land"), City staff is directed to use its best efforts to convey to the owner of the Property an interest in portions of the Surplus Land to enhance the Property. Possible uses would conceptually include using the Surplus Land for additional parking and landscaping, which uses would necessarily be subject to any other existing uses on the Surplus Land. SECTION T This Resolution shall be effective immediately upon its adoption. SECTION 8. 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. 2 PASSED, APPROVED AND ADOPTED this 14th day of February, 2006. / _ / /I I .01 ATTEST: CITY CLERK STATE OF Ctki, PORNIA ) 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 14th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: Ferry, Smyth, McLean, Kellar, Weste NOES: COUNCU2vIEMRERS: None ABSENT: COUNCILMEMEERS: None 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 certif ( that this is a true and correct copy of the original Resolution No. 06-14, adopted by the City Council of the City of Santa Clarita, California on February 14, 2006, 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 EXHIBIT A MAGIC MOUNTAIN PARKWAY 5-5R File with: The Old Road (11) A.P.N. 2826-037-009 T.G. 4550 (C2) I.M. 264-097 Fifth District PCA No. LE0300101 LEGAL DESCRIPTION PARCEL NO. 5-511 (Fee): THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 11859, IN THE UNINCORPORATED TERRITORY OF LOS ANGELES COUNTY, STATE OF CALIFORNIA PER PARCEL MAP FILED IN BOOK 172 PAGES 47 THROUGH 49, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 NORTH 58002'32" EAST 37.052 METERS (121.56 FEET) TO AN ANGLE POINT ON SAID SOUTHEASTERLY LINE AS SHOWN ON SAID PARCEL MAP, SAID ANGLE POINT ALSO BEING ON THE WESTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED GRANTED TO THE STATE OF CALIFORNIA, RECORDED AS DOCUMENT NO. 3187, ON MARCH 18, 1969, IN BOOK D4311, PAGE 508 OF OFFICIAL RECORDS OF SAID LOS ANGELES COUNTY; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE IN SAID DEED DESCRIBED AS "N 42°39'12" W, 127.14 FEET" NORTH 42"26'48" WEST 8.434 METERS (27.67 FEET); THENCE SOUTH 45050'53" WEST 5.856 METERS (19.21 FEET); THENCE SOUTH 49°39'44" WEST 27.060 METERS (88.78 FEET); THENCE SOUTH 45050'53" WEST 2.999 METERS (9.84 FEET) TO A POINT ON THE SOUTHWESTERLY LINE OF SAID FIRST MENTIONED PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 29°52'47" EAST 2.480 METERS (8.14 FEET) TO SAID MOST SOUTHERLY CORNER AND POINT OF BEGINNING. EXHIBIT A CONTAINING 194.71 SQUARE METERS (2,096 SQUARE FEET), MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (1991.35), ZONE 5. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0001140 TO OBTAIN GROUND LEVEL DISTANCES. MORE PARTICULARLY SHOWN ON EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY i APN 2826-037-009 PJM, J\10. -1-1M D 172/47-419 PARCEL -1 L51 P.O.B. LAND .L * 3-31-06 l9lf E OPS\ 1:500 01 THE OLD ROAD 5-5R A.P.N. 2826-037-009 T.G. 4550 (C2) I.M. 264-097 Fifth District PCA No. LE0300101 1 CURVE AND LINE DATA LlWURVE I AN6iLEA3EA /N6 I RAOM5 LEN6TH Ll N 45°5053" E - 2.999 [9.847 L2 L3 L4 N 44°3944" E - N 4505053'E - N 42 2649" W - 27.060 [68.767 5.856 [192/7 6.434 [27.677 L5 N29°5247"W - 2.460 6.147 Mel Dp CA�� ACQUISMON AREA = 194.71 SQUARE METERS 2,096 S.F. I-5 / MAGIC MOUNTAIN INTERCHANGE LOCATION O RIGHT-OF-WAY EXHIBIT °B" SCALE AS NDTED DATE, 09/01/05 ys'itl MAGIC MTN PKWY A.P.N. 2826-037-009 T.G. 4550 (C2) LEGAL DESCRIPTION ` PARCEL NO. XXXXX (Fee): THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 11859, IN THE UNINCORPORATED TERRITORY OF LOS ANGELES COUNTY, STATE OF CALIFORNIA PER PARCEL MAP FILED IN BOOK 172 PAGES 47 THROUGH 49, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 NORTH 58002'32" EAST 37.052 METERS (121.56 FEET)TO AN ANGLE POINT ON SAID SOUTHEASTERLY LINE AS SHOWN ON SAID PARCEL MAP, SAID ANGLE POINT BEING THE TRUE POINT OF BEGINNING, SAID ANGLE POINT ALSO BEING ON THE WESTERLY LINE OF A PARCEL GRANTED TO THE STATE OF CALIFORNIA PER DEED RECORDED MARCH 18, 1969 IN BOOK D4311, PAGE 508 OF OFFICAL RECORDS OF SAID LOS ANGELES COUNTY; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG THE NORTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE IN SAID DEED DESCRIBED AS "N 42039'12" W. 127.14 FEET" NORTH 42°26'48" WEST 8.434 METERS (27.67 FEET); THENCE NORTH 45050'53" EAST 9.749 METERS (31.98 FEET) TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1 AND WESTERLY LINE OF SAID DEED; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL AND WESTERLY LINE OF SAID DEED SOUTH 07045'51" EAST 11.406 METERS (37.42 FEET) TO THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND WESTERLY LINE OF SAID DEED SOUTH 58056'30" WEST 3.319 METERS (10.89 FEET) TO THE TRUE POINT OF BEGINNING. CONTAINING 58.48 SQUARE METERS (629 SQUARE FEET), MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (1991.35), ZONE 5. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0001140 TO OBTAIN GROUND LEVEL DISTANCES. MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY. PREPARED BY -� I I I OC3- JCnUCKNER P.L.S. NO. L007206 DATE APN- 2826-037--oW P.i\il, NO, RiNJ1.B. 172/47-49 o< 1 r_ L4m FARCr I_ J cin o �1 Q u ��° T. P.O.B. ss o P.O.C. �1 ACQUISITION AREA = 58.48 SQUARE METERS 1 1-5 / MA-G4C M404JUTAM INTERCHANGE 11 to 1:500 "re F., 1 LOCATION 5 RICHT-O#1� EXMIBJT B I SCALEi AS NOTEDI DATE, 09/01/05 1 CURVE AND LINE DATA LllE/GLRVE I ANCLEIBEARINC71 RA 21US LENOTH Ll N56°5650"E - 3.3Iq[lO6q' L2 N 42"6'46" Nl - 6.434 [2767) L3 L4 N 45 ""5053° E - N 07045510 H - q. 74q [51A67 11.406 t37.427 ACQUISITION AREA = 58.48 SQUARE METERS 1 1-5 / MA-G4C M404JUTAM INTERCHANGE 11 to 1:500 "re F., 1 LOCATION 5 RICHT-O#1� EXMIBJT B I SCALEi AS NOTEDI DATE, 09/01/05 1