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Home My WebLink About2007-05-22 - RESOLUTIONS - MAGIC MOUNTAIN PKWY PHASE II (2)RESOLUTION NO. 07-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTI'A, 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 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 May 22, 2007, hereby finds, determines, and declares as follows: a. The public interest, convenience, and necessity require the acquisition by City of certain interests ("Temporary Construction Easement") 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 Temporary Construction Easement to be acquired consists of 4,696 square feet and is additionally described and depicted on Exhibits "A" and `B" attached hereto and incorporated herein by this reference. The duration of the Temporary Construction Easement shall be ninety (90) days from the date that construction commences on the Property in the area where the Temporary Construction Easement is located. In no event shall the duration of the Temporary Construction Easement commence any later than December 1, 2007; and c. The project, which consists of the proposed improvements to satisfy conditions of various residential and commercial developments, and is 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 Temporary Construction Easement as described above 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 Temporary Construction Easement 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 Temporary Construction Easement 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 Temporary Construction Easement, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, is located within the County of Los Angeles, State of California. SECTION 5. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, 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 the Temporary Construction Easement, 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 22nd day of May, 2007. ATTEST: a CITY CLERK P �.. 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 22nd day of May, 2007, by the following vote: AYES: COUNCU-MEMBERS: Weste, Kellar, Boydston, Ferry, McLean NOES: COUNCILIVIEMBERS: None n30:1zo�K6181.Ca)ION10UT13WIWININITI a 3 X 'O"Jow CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. C]TY 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. 07-33, adopted by the City Council of the City of Santa Clarita, California on May 22, 2007, 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 Caputo Deputy City Clerk EXHIBIT A THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 29052'47' WEST 2.480 METERS (8.14 FEET); THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 45050'53" EAST 2.999 METERS (9.84 FEET); THENCE NORTH 4963944" EAST 27.060 METERS (88.78 FEET); THENCE NORTH 45°50'53" EAST 15.605 METERS (51.20 FEET) TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 07945'51" EAST 11.406 METERS (37.42 FEET) TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 THE FOLLOWING TWO COURSES; SOUTH 58°56'30" WEST 3.319 METERS (10.89 FEET) AND SOUTH 58'02'32" WEST 37.052 METERS (121.56 FEET) TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 1 AND POINT OF BEGINNING. CONTAINING 436.3 SQUARE METERS (4,696 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 1N 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: LAND *E R. B L0072531-0806 k J KNER P.L.S. NO, L007206 GATE '11,0, F Dp CA��E�Pa\ 1\10, 11 50 PARrr! 1 4 10 NOTE: SEE SHEET 2 FOR UNE DATA INFORMATION M-191.1 Tq D -c y �L007M .3-31-08 elf OF CpkoTCE AREA = 436.3 SQUARE METERS 4,696 S.F. 1-5 / MAGIC MOUNTAIN INTERCHANGE I LOCATION RIGHT-OF-WAY EXHIBIT "B" I DATER 11/18/06 SHEET 1 OF 2 THE OLD ROAD A.P.N. 2826-037-009 T.G. 4550 (C2) I.M. 264-097 Fifth District PCA No. LEO300101 y �L007M .3-31-08 elf OF CpkoTCE AREA = 436.3 SQUARE METERS 4,696 S.F. 1-5 / MAGIC MOUNTAIN INTERCHANGE I LOCATION RIGHT-OF-WAY EXHIBIT "B" I DATER 11/18/06 SHEET 1 OF 2