June 22, 2022
APN 3203-008-050
YOU ARE HEREBY NOTIFIED that it is the intent of the City, to hold a public hearing on July 12, 2022 at 5:00 p.m. (or as soon thereafter as the matter may be heard) at the Council Chambers of the City of Lancaster located at 44933 Fern Avenue, Lancaster, CA 93534 to consider the adoption of a Resolution of Necessity to determine if the above listed conditions are met concerning the Project, and to vote on a Resolution of Necessity to acquire the Property by eminent domain. The Resolution will authorize the City to acquire the real property, any improvements pertaining to the realty, leasehold interests, and all interests therein, for public purposes by the exercise of the power of eminent domain.
If you wish to appear and be heard at this hearing regarding the taking of the Property and the matters in Code of Civil Procedure Section 1240.030 listed above, please notify the City Clerk of the City of Lancaster and file a written request to appear and be heard with the City Clerk as soon as possible.
Failure to file a request to appear and be heard may result in waiver of the right to appear and be heard. The City Clerk is located at 44933 Fern Avenue, Lancaster, California 93534 and any request to appear should be addressed as follows:
Andrea Alexander, City Clerk
City of Lancaster
44933 Fern Avenue,
Lancaster, CA 93534
(661) 723-6020
[email protected]
Regular business hours are Monday through Thursday, 7:30 a.m. to 5:00 pm and 7:30 a.m. to 4:00 p.m. on Fridays. For further information on this proceeding or to discuss the Offer please contact me at (661) 945-6896.
Sincerely,
Allen Thompson
Manager – Capital Engineering
Attachments:
Exhibit A – Legal Description
Exhibit B – Offer to Purchaser Property Letter dated 5/17/22
R. REX PARRIS RAJ MAHLI
MAYOR COUNCIL MEMBER
MARVIN CRIST KEN MANN
VICE MAYOR COUNCIL MEMBER
DARRELL DORRIS JASON CAUDLE
COUNCIL MEMBER CITY MANAGER
44933 Fern Avenue
Lancaster, CA 935534
661.723.6000
cityoflancasterca.org
May 17, 2022
The Oribello 2012 Trust
c/o Arnold Oribello, Trustee
21839 Caroldale Avenue
Carson, CA 90745-2836
Re: Offer for Acquisition of Roadway Easement in real property located in the City of Lancaster, California; Assessor Parcel No. 3203-008-050
Dear Property Owner:
Our records indicate that you own a parcel of vacant land in the City of Lancaster located near Avenue J and 65th Street West, on the northwest corner of Tahoe Way and Newgrove Street, identified as Assessor’s Parcel Number 3203-008-050.
The City of Lancaster (hereinafter referred to as the “City”), is proposing to construct street improvements that are partially locat ed on your property. The acquisition of permanent road easement on portion of your property is needed for the construction of these improvements.
Pursuant to Section 7267.2 of the California Government Code, this letter constitutes the City’s offer of total just compensation for the above-referenced easement, subject to the terms and conditions below. Enclosed is an informational brochure generally describing the acquisition process and a property owner’s rights.
The City has determined the amount of just compensation for the permanent easement on portion of your property identified in the attached Exhibit s A and B to be the sum of Three Thousand and Eight Hundred Dollars ($3,800). The City’s offer represents what the City has determined to be the fair market value of the easements as established by the enclosed Appraisal Report prepared by Integra Realty Resources on April 29, 2022.
The City hopes that this offer is agreeable to you and that the acquisition can begin immediately. Upon receipt of this letter, please contact Allen Thompson at (661)945- 6896 to discuss any questions and concerns that you may have.
Page | 2
Sincerely,
Marissa Diaz, PE
Senior Manager - Capital Engineering
Attachments:
Brochure; Eminent Domain – Information Pamphlet
Exhibits A and B - Permanent Road Easement Documents
Appraisal Report
Notice of Determination
To:
Subject:
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Community Development Division
Development Services Department
City of Lancaster
44933 Fern Avenue
Lancaster, C1^93534
THIS NOTICE WAS POSTED
0N Ausust 24 2020
UNTIL September 232020
From:
County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy
Norwalk, CA 90650
REGISTRAR - REC()RDER/COUNTY CLERK
Filing of Notice of Determination in compliance with Section 21f 08 or 21152 of the Public Resources Code.
Tentative Tract Map No. 82830 and 82831
X
Project Title
2020040t87 Mitzi Alvarado rc6r). 723-6100
Area Code/Telephone/Extension
Project Location - General: City of Lancaster, County of Los Angeles, State of California Project Location - Specific: A total of 9,77 i acres divided between two sites: Site l-6.5+ gross acres located at the northeast corner of 65th Street West and Newgrove Street (TTM 82830) (APN: 3203-008-045), Site 2-3.27+ gross acres located at the northwest corner of Newgrove Street and future 62nd Street West (TTM 8283lXAPN: 3203-008-046) Project Applicant: 99 Serenade Lancaster,LLC
Project Description: The proposed project consists of two residential subdivisions totaling 34 single family residential lots in the R-7,000 zone: TTM 82830 and TTM 82831. TTM 82830 is approximately 6.5 acres and would involve constructionof 22 single family residential lots. TTM 82831 is approximately 3.27 acres and would involve the construction of 12 single family residential lots.
This is to advise that the City of Lancaster (i.e., Lead Agency) has approved the above-described project on May 18n 2020 andhas made the following determinations regarding the above-described project:
1. The project will not have a significant effect on the environment.
2. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A Statement of Oveniding Considerations was not adopted for this project.
5. Findings were made pursuant to the provisions of CEQA.
This is to certifu that the initial study is available to the General Public at Lancaster City Hall, Planning Department, 44933 North Fern Avenue, Lancaster, California.
State Clearinghouse Number
(If submitted to Clearinghouse)
Lead Agency
Contact Person
PlannerOr, *t^ n- )c--,/: Mav 18.2020
Mitpi Alvardi' ' 2020 128152
' I iltil lill-lillilllil lilll lill lllil llill llllllill lil llil Title Date
E"( 605-6. I
Revised 2/11/94 FILED
Aug 24 2020
Do6n C. Logan, Rogl$har-Rocordar/County Clork
.;'of California-Natural Resources Agency
-ALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
2O2O ENVIRONMENTAL FILING FEE CASH REGEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
CITY OF LANCASTER COMMUNITY DEVELOPMENT DIVISION DEVELOPMENT SERVICES
DEPARTMENT
ATE OF
202008240550002
E
2020040't87
LOS ANGELES
08t24t2020
DOCUMENT NUMBER
2020'128152
PROJECT TITLE
TENTATIVE TRACT MAP NO. 82830 AND 82831
MITZI ALVARADO
PROJECT APPLICANT ADDRESS
44933 FERM AVENUE
NUMBER
100
ZIP CODE
93534
M Local Public Agency E School District L Other Special Disirict E State Agency E Private Entity CITY
LANCASTER
STATE
CA
CHECK APPLICABLE FEES:
tr Environmental lmpact Report (ElR)
EI Negative Declaration (NDXMND)
! Application Fee Water Diversion (State Water Resources Control Board Only) n Projects Subject to Certified Regulatory Programs (CRP) M Coun$AdministrativeFee
! Project that is exempt from fees
n Notice of Exemption
! CDFW No Effect Determination (Form Attached)
5 Other
PAYMENT METHOD:
E Cash n Credit M cnecr ! other
SIGNATURE
X
$3,343.25 $
$2,406.75 $
$850.00 $
$1,136.50 $
$€0s0 $
2,406.75
0.00 0.00
0.00 75.00
$
$
0.00 2.481.75
TITLE
tTc
ORIGINAL - PROJECT APPLICANT COPY - CDFWASB COPY - LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 01/19) RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, AUTHORIZING AND
DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY LOCATED AT THE CORNER OF TAHOE WAY
AND NEWGROVE STREET, IDENTIFIED AS APN NO. 3203-
008-050 (PORTIONS THEREOF), IN THE CITY OF
LANCASTER, COUNTY OF LOS ANGELES, CALIFORNIA,
AND DECLARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, the City of Lancaster, California (“City”), is a chartered municipal corporation organized and operating under its charter and the laws of the State of California; and WHEREAS, the City is granted the power of eminent domain by Government Code Section 40404; and
WHEREAS, the City is authorized to exercise its power of eminent domain pursuant to the provisions of Section 1230.020, et seq. of the Code of Civil Procedure; and WHEREAS, the City seeks to acquire by eminent domain, an easement in certain real property located near Avenue J and 65 th Street West, on the northwest corner of Tahoe Way and Newgrove Street, in the City of Lancaster, California, identified by Assessor’s Parcel No. 3203-008- 050 and further described in Exhibit “A” attached hereto (“Property”) for the construction of public street improvements (“Project”). In order to construct the Project, the City will need to acquire a street easement (Easement) in that portion of the Property that would normally be dedicated for public improvements whenever the Property is to be developed; and WHEREAS, the City duly provided the owner of record for the Property with a pre- condemnation offer to purchase the easement pursuant to Government Code Section 7267.2; and WHEREAS, the City provided the owner of record for the Property with notice of the City’s intention to adopt a resolution of necessity to acquire the Easement by eminent domain pursuant to Code of Civil Procedure Section 1245.235; and WHEREAS, a hearing was held by the City on July 26, 2022 (“Hearing”), at which the matters set forth in Code of Civil Procedure section 1240.030 were discussed regarding the Project and the Easement; and
WHEREAS, the City has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure regarding the Project and the Easement; and
WHEREAS, at the Hearing, information on the Project and the matters set forth in this resolution was presented by City staff to the City Council of the City of Lancaster, California (“City Council”); and
Resolution No. 22-46
2 6
4 2
WHEREAS, the City Council desires to make the required findings and determinations in connection with its proposed location of the Project and the acquisition of the Easement for the Project by eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The public interest and necessity require the Project for City purposes, which purposes are public uses authorized by law and include, but are not limited to, the construction of public street improvements. These street improvements are necessary to provide access along Tahoe Way.
Section 2. The Project is planned and located in a manner most compatible with the greatest public good and the least private injury. The Project will allow for the construction of Tahoe Way providing access to residential developments being constructed in the area. The street Easement is in the same location that the owner would be required to dedicate when the Property is developed and are designed to allow the maximum future housing units to be developed on the Property.
Section 3. The taking and acquiring by the City of the Easement within the Property is necessary for the Project. The Project cannot be constructed without the Easement. The proposed street provides access and connectivity to existing and proposed streets cannot be constructed without the Easement.
Section 4. Government Code Section 40404, among other provisions of the statutes of the State of California, permit and empower this acquisition of fee title interest or easement interest in the Property by the City through its exercise of the power of eminent domain for the stated public use.
Section 5. The City duly provided the owner of record for the Property with a pre- condemnation offer to purchase the Property pursuant to Government Code Section 7267.2.
Section 6. The City duly provided the owner of record for the Property with notice of the City’s intention to adopt a resolution of necessity to acquire the Property by eminent domain pursuant to Code of Civil Procedure Section 1245.235.
Section 7. The City duly provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure regarding the Project and the Property.
Section 8. To the extent that any portion of the Property is currently appropriated for a public use, the use for which the Property is sought to be taken is a more necessary public use and the City is empowered to take for a more necessary public use pursuant to Code of Civil Procedure section 1240.610.
Resolution No. 22-46
2 6
4 2
Section 9. In accordance with the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.), the potential environmental impact of the proposed acquisition was evaluated in a Notice of Determination adopted on May 18, 2020.
Section 10. The City Attorney of the City of Lancaster, the law firm Stradling Yocca Carlson & Rauth, is authorized, empowered, and directed to prepare, commence, and prosecute an eminent domain action or actions in the Superior Court of the State of California, in and for the County of Los Angeles, in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Easement, including obtaining warrants for deposit of funds, orders for prejudgment possession, and other steps necessary to acquire an Easement over the Property by and for the City.
PASSED, APPROVED, and ADOPTED this ____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ Andrea Alexander R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Resolution No. 22-46
2 6
4 2
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. 22-46, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
__________________________________