HomeMy WebLinkAbout2007-05-22 - AGENDA REPORTS - MAGIC MOUNTAIN PKWY PHASE II I (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by: Curtis Nay
DATE: May 22, 2007
SUBJECT: INTERSTATE 5 AT MAGIC MOUNTAIN PARKWAY, PHASE II
IMPROVEMENTS, PROJECT NO. S1003 - RESOLUTION OF
NECESSITY, TEMPORARY CONSTRUCTION EASEMENT,
NATIONAL CREDIT TENANT INVESTMENT LLC
DEPARTMENT: Public Works
RECOMMENDED ACTION
City Council conduct a public hearing and adopt a resolution authorizing the condemnation
proceedings necessary for the temporary right-of-way acquisition for the right-of-way
improvements associated with Magic Mountain Parkway/I-5 Intersection Improvements Phase II,
Project No. S1003; authorize the deposit of $4,650 from Account No. S 1003304-8620 to the Los
Angeles County Superior Court to initiate immediate taking proceedings; and authorize the City
Manager or designee to execute all documents, subject to City Attorney approval.
BACKGROUND
On May 24, 2005, the City Council authorized the City to enter into an agreement with Newhall
Land to fund construction of the Magic Mountain Parkway/I-5 Intersection Improvements. The
City is the lead agency in the Magic Mountain Parkway/I-5 Phase 11 project. This project will
consist of reconstruction of the interstate ramps, widening of Magic Mountain Parkway from The
Old Road to the proposed northbound ramps, and realignment and widening of The Old Road
from approximately 550 meters south of Magic Mountain Parkway to 450 meters north of Magic
Mountain Parkway. This project is being designed by Newhall Land with the City and Caltrans
providing design and right-of-way oversight.
On February 14, 2006, the City Council adopted Resolution No. 06-14, which authorized the
City to acquire by eminent domain 2,725 square feet in fee from the owner, National Credit
Tenant Investment LLC, which is necessary for the construction and use of the above -referenced
project. During the course of the project, it was determined that an additional Temporary
Adopied:
Construction Easement across a portion of National Credit Tenant Investment, LLC's property
was needed for construction of the project. This Temporary Construction Easement measures
4,696 square feet and is scheduled for a period of 90 days after the start of construction in that
area. A legal description and depiction of the Temporary Construction Easement is attached
hereto as Exhibit A.
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.
First, the City must make an offer to the property owner based on an appraisal, which must be
transmitted in writing. On April 10, 2007, the City obtained an appraisal of the fair -market value
of the just compensation of all the Temporary Construction Easement required for the project.
The total just compensation of the Temporary Construction Easement was determined by the
appraisal to be $4,650. As required by law, the City presented an offer letter to the owner on
April 26, 2007, based in this appraised amount, a copy of which is attached. 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 Temporary Construction Easement. Prior to filing the action, the City
must hold a hearing on a resolution of necessity and provide the owner of the property an
opportunity to be heard at that hearing, provided the owner has, prior to the hearing, timely filed
with the City a written request to be heard.
After conducting the hearing at a public meeting, if the City finds that the public necessity so
requires, the City should adopt the proposed Resolution of Necessity authorizing condemnation
proceeding for the purpose of acquiring property which is described in the resolution.
The findings which need to be made, are set forth in the resolution of necessity. Specifically, the
City must find that, among other things:
1. The public interest, convenience, and necessity require the project. As proposed, the project
will serve public purposes as described above.
2. 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 as a
temporary construction staging area for the construction that will be occurring on and
adjacent to the property owner's property as part of the project. Other alternative easements
have been considered, however, these alternatives are less efficient and make less sense than
the proposed location of the Temporary Construction Easement.
3. The taking of the property interests described above is necessary for the project due to the
fact that a construction staging area is needed at that location.
4. The City has fully complied with all the provision of California's Environmental Quality Act
("CEQA") in regard to the project. The environmental issue has been addressed and was
approved by the CIty Council on February 14, 2006.
5. The necessary notification of the Notice of Hearing, as required by the California Code of
Civil Procedures Section 1245.235, was given. As demonstrated by the exhibit attached
hereto, proper notice was given in accordance with the applicable statutes.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The final expense of litigation associated with the condemnation action is unknown as this time.
Although funds for the deposit of $4,650 are available in Account No. 51003304, staff
anticipates an immediate fiscal impact for the litigation expenses. However, in accordance with
the agreement with Newhall Land that was executed on October 25, 2005, the developer has
agreed to reimburse the City for all costs associated with this project, including litigation.
ATTACHMENTS
Resolution
Exhibit "A" - Legal Description
Exhibit "B" - Right -of -Way Map
Notice of Public Hearing
Offer to Purchase
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April 26, 2007
VIA CERTIFIED MAIL
Steve Sheldon
National Credit Tenant Investments, LLC
2301 Dupont Drive, Suite 100
Irvine, CA 92612
Re: Magic Mountain Parkway Widening
27630 The Old Road, Valencia, California
APN No. 2826-037-009
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 COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR
THE PURPOSES FOR THE CONSTRUCTION AND OPERATION OF INTERSTATE 5
AT MAGIC MOUNTAIN PARKWAY, PHASE 2 PROJECT NO. STPL-5450(029)
Dear Mr. Sheldon:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Santa Clarity ("City") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property in regard to the property located at 27630 The Old
Road, Valencia, California ("Property") for public road and right-of-way purposes and all
appurtenant uses. These interests in the Property ('Temporary Construction
Easement") are described and depicted on Exhibits "A" and "B" enclosed hereto and
tabled below, and are incorporated herein by this reference.
Based on an independent appraisal commissioned by the City, the amount of just
compensation for the taking of the Interests in the Property totals $4,650.00.
A hearing will be held on May 22, 2007 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 Temporary Construction Easement by eminent
domain for the construction of Interstate 5 at Magic Mountain Parkway Phase 2
Improvement (hereinafter, the "Project").
LA #4820-7944-5248 v1
Los Angeles - Inland Empire • Oranae Countv - San Diego - San .Jose - Ventura Cnunry
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BURKE, WILUAMS & SORENSEN, LLP
Steve Sheldon
April 26, 2007
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, convenience and necessity require the
acquisition by the City of the Temporary Construction Easement for 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 Temporary Construction Easement 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 Temporary Construction Easement described herein, as well as any other
matter regarding the right to take the Temporary Construction Easement by eminent
domain; and
f. Whether the City has statutory authority to acquire the Temporary
Construction Easement by eminent domain; and
g. Whether the City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the proposed Project; and
h. Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1245.235, was given to the owner of the
Temporary Construction Easement.
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 is mailed and prior to the hearing at the
place of the hearing.
LA #4820-7944-5249 A
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BURKE, WILLIAMS & SORENSEN, LLP
Steve Sheldon
April 26, 2007
Page 3
The amount of the compensation to be paid for the acquisition of the Temporary
Construction Easement 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 City on the amount of compensation to be paid for
the Temporary Construction Easement.
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 is 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 is 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.
Should you have any questions regarding this hearing, the offer, or have
additional information regarding the value of your property, please have your attorneys
contact the undersigned at (213) 236-0600.
Very truly yours,
BURKE, yWI & SORENSEN, LLP
A. SOZIO
AAS:amc
cc: Mr. Robert Newman
Ms. Barbara Stoll
Jeffrey B. Kirschenbaum, Esq.
Date of Mailing: April 26, 2007
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VIA CERTIFIED MAIL
April 26, 2007
Steve Sheldon
National Credit Tenant Investments, LLC
2301 Dupont Drive, Suite 100
Irvine, CA 92612
Re: Magic Mountain Parkway Widening
27630 The Old Road, Valencia, California
APN No. 2826-037-009
Offer to Purchase
Dear Mc Sheldon:
As you know, the City of Santa Ciarita ("City") is widening Magic Mountain
Parkway, which is a corridor -wide improvement program. This includes Improvements
at the intersection of The Old Road and Magic Mountain Parkway, located in the County
of Los Angeles. In addition to the property subject to the action already on file with the
court, It has been determined that the project will require the acquisition of added
property located at 27630 The Old Road, Valencia,' California ("Property").
The interest to be acquired ("Temporary Construction Easement") is a partial
acquisition of the Property, consisting of 4,696 square feet of land space of your
Property. The Temporary Construction Easement is described and depicted on Exhibits
"A" and "B" enclosed herein, which are incorporated by this reference.
The City has appraised the Temporary Construction Easement in accordance
with commonly accepted appraisal standards to determine its fair market value. Based
upon this appraisal, the City offers you the sum of $4,650 for the acquisition of the
Temporary Construction Easement, which offer is subject to City Council approval. The
enclosed Appraisal Summary Statement (Exhibit "C") outlines the basis for this offer.
Please be advised that you are entitled to a reasonable amount, not to exceed five
thousand dollars ($5,000), for the services of an independent appraiser licensed by the
Office of Real Estate Appraisers.
The amount of the offer is predicated on the assumption that there exists no
hazardous substance, product, waste, or other material of any nature whatsoever which
Is or becomes listed, regulated, or addressed pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act, 42 United States Code
LA 1(4845.9596-2113 v1
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BURKE, W411AMS S SORENSEN, LLP
Steve Sheldon
April 26, 2007
Page 2
Section 9601 et seq., on the subject property. Furthermore, please be advised that the
amount offered is subject town environmental site inspection, and the cost to remediate
any identified problems may affect the valuation of the subject property.
This is an offer to purchase all of the Temporary Construction Easement free of
all liens and other encumbrances, except as may be agreed to by the City.
If the City's offer of $4,650 for the acquisition of the Temporary Construction
Easement is acceptable, please contact the undersigned so that an Acquisition
Agreement and Escrow Instructions may be circulated for your consideration.
If National Credit Tenant Investments, LLC is not satisfied with this offer of just
compensation and has relevant information regarding the value of the property that it
would like the City to consider, we will be happy to do so. In the event negotiations fail
to result in an agreement, and the City decides to proceed with the acquisition of the
Temporary Construction Easement, a hearing at a public meeting for the Resolution of
Necessity will be held on May 22, 2007, at 6:00 p.m. 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 this
letter, the offer made herein, and all matters stated herein are made under the
provisions of California Evidence Code Section 1152, and shall not be admissible In
evidence In any eminent domain proceeding which may subsequently be instituted for
acquisition of the subject property, or in any other action. Should you have any
questions, you may have your attorneys contact me.
AAS:amc
Enclosure
cc: Mr. Robert Newman
Ms. Barbara Stoll
Jeffrey B. Kirschenbaum, Esq.
LA 54845.9598-2113 v1
& SORENSEN, LLP