Loading...
Resolution No. 2020-031 RESOLUTION NO. 2020-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF ASSESSOR'S PARCEL NO. 6314-003-001 FOR THE ATLANTIC BOULEVARD BRIDGE OF LOS ANGELES RIVER PROJECT SECTION 1 . Recitals. A. The use of eminent domain to acquire the property is authorized by Streets and Highways Code Section 10102. B. The project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. C. The taking of the Property is necessary for the Project and such taking is authorized by Section 19, Article 1 of the California Constitution. Section 1230.010 et seq of the California Code of Civil Procedure. and other applicable law. D. The offer to purchase required by California Government Code Section 7267.2 was made to the owners of the Property interest. E. The necessary notice of this Resolution has been given. as required by Code of Civil Procedure Section 1245.235. F. The City of Vernon is undertaking the Rehabilitation of the Atlantic Boulevard Bridge over the Los Angeles River ("Project). G. The Project is intended to enhance road safety: increase capacity. and improve traffic and intersection operations by adding additional lanes. H. The Project requires the acquisition of property interests from public and private parties. I. The Project will be a transportation improvement project service the public interest. J. Portions of the real property of Assessor's Parcel Number 6314-003-001 , located at 5122 S. Atlantic Boulevard in the City of Vernon. California ("Subject Property") are required for the Project. The Specific portions of the Subject Property required for the Project include a partial fee interest as legally described and depicted in Exhibit A hereto. and a temporary construction easement as legally described and depicted in Exhibit B hereto (collectively, the `property interests"). Resolution No. 2020-31 Page 2 of 8 K. The City of Vernon has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property interest described herein. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The proposed action is exempt under the California Environmental Quality Act (CEQA) review. because it is a continuing administrative activity that will not result in any direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. SECTION 4. There has been compliance by the City of Vernon with the requirements of the applicable sections of the California Streets and Highways Code and California Code of Civil Procedure. SECTION 5. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project. a public transportation improvement more fully described hereinabove. SECTION 6. The proposed project is to enhance road safety: increase capacity, and improve traffic and intersection operations by adding additional lanes: and the public necessity require the acquisition by eminent domain proceeding of the Property Interests. SECTION 7. The property interest sought to be acquired are more particularly described and depicted in Exhibits A and B attached hereto and incorporated herein by reference. SECTION 8. The City hereby finds. determines and declares each of the following: A. The public interest and necessity require the proposed Project. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. B. The Property Interests sought to be acquired are necessary for the proposed Project. C. The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record. Resolution No. 2020-31 Page 3 of 8 SECTION 9. The City is hereby authorized and empowered to acquire one partial fee interest and one temporary construction easement in the real property as described and depicted in Exhibits A and B hereto, including the improvements thereon, if any, by eminent domain for the proposed Project. SECTION 10. The City Attorney is hereby authorized and empowered to acquire the Property Interest in the name of and on behalf of the City of Vernon by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required by law and/or court order, to permit the City to take possession of the Property Interests at the earliest possible time. SECTION 11. This Resolution of Necessity shall take effect upon adoption. SECTION 12. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 6th daiiipio tober, 2020. F . r VETICIA LOPEZ, Mayor ATTEST: yp_ f"trL LISA POPE. City C rk (seal) APPR VED AS TO F RM: ARN LDti?VAR -GLASMAN. Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2020-31 was passed and adopted by the City Council of the City of Vernon at the regular meeting on October 6, 2020 by the following vote: AYES: 5 Council Members: Davis. Gonzales. Menke. Ybarra. Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ,:*/( j //',' '(:f LISA POPE, City Ct6rk (seal) Resolution No.2020-31 Page 4 of 8 EXHIBIT "A" STREET EASEMENT BEING THAT PORTION OF LOT 1 OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 113, PAGES 80 THROUGH 83, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 1 WITH A LINE PARALLEL WITH AND 9.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE, SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 36.00 FEET AND TANGENT TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE, SOUTHEASTERLY ALONG SAID CURVE TO ITS TANGENCY WITH SAID SOUTHERLY LINE OF LOT 1. EXCEPTING THERE/ K THAT PORTION LYING WITHIN THE ROAD EASEMENT TO THE CITY OF VERNON RECORDED AUGUST 9, 1962 AS INSTRUMENT NO. 3473 OF OFFCIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER. CONTAINING 884 SQUARE FEET, MORES OR LESS. ALSO AS SHOWN ON EXHIBIT `B' ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS—OF—WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. �pNN- UNDER THE DIRECTION OF: 0• -t0•1•••••• * �A. 12/31/11 JAMES O. STEINES, P.L.S. 6086 94 S AUGUST 26, 2010 OFCAL% O' J.N. 2042 477000 VIOILCrs1.3uu4»ecoww4111AD LMSTEEE ESM 6114001 COI Doc% 1 OF 1 Resolution No.2020-31 Page 5 of 8 EX11 3. IQIT " A " SHEET 1 OF 1 A PORTION OF LOT 1. TRACT NO. 7923. M.B. 113 / 80-83, IN THE CITY Of VERNON. COUNTY OF LO5 ANGELES. STATE OF CALIFORNIA STREET EASEMENT / y�o o• N 1 SO• ,�'` P.O.B. 4:/ / O SCALEt 1" ai 30' 46, 9• / 171435.' 444. STREET EASEMENT nor / 9' 884 SQ. FT. i / ‘AO 14 3 / / It. / r // LOT 1 ///\ 1 (--R�36.00' S / R-42.Oc ' 113 EASEME VERNONG. ROO/62 —+ 51Y LINE Loy 2 AS INST. NO. 3473. O.R. N ~~ `__'� Srr eO VARn el 0. rc?0O.sT sG9..ae a No.6088 01 STANTEC CONSULTING INC. 9 �s�`r 19 TECHNOLOGY DRNE OFCAUFOQ' IRVINE,CA 92618 5 O. EIN 55, P.L.5 GOBG Stafltec 949.923.6000 =me�.n V:\projects\2O42477000\St1RMAP\OWC\S711E0001.Cw9 8/26/2010 J.N. 2042 477000 DATE= 8/2G/1O Resolution No.2020-31 Page 6 of 8 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT BEING THAT PORTION OF LOT 1 OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 113, PAGES 80 THROUGH 83, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, SOUTH 54°34'54" EAST, 19.01 FEET; THENCE, TRAVERSING THE INTERIOR OF SAID LOT 1, THE FOLLOWING COURSES: SOUTH 35°25'06" WEST, 21 .00 FEET; SOUTH 54°34'54" EAST, 10.83 FEET; SOUTH 33°11'59" WEST, 45.00 FEET; SOUTH 65°05'49" WEST, 23.76 FEET; SOUTH 24°54'11" EAST, 20.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30.87 FEET AND TO WHICH A RADIAL LINE BEARS SOUTH 53°49'25" WEST; SOUTHEASTERLY 25.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°53'04" TO A NON-TANGENT LINE AND TO WHICH A RADIAL LINE BEARS SOUTH 06°45'31" WEST; ALONG SAID NON-TANGENT LINE, SOUTH 06°45'56" WEST, 5.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1 . EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 1 WITH A LINE PARALLEL WITH AND 9.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE, SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 36.00 FEET AND TANGENT TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE, SOUTHEASTERLY ALONG SAID CURVE TO ITS TANGENCY WITH SAID SOUTHERLY LINE OF LOT 1 . CnPRO1E('ISL'W?illtlll)SURNI:V'LLL(iAIStTENIP COM]I%%II 6114d11i COI D(X'X 1 OF 2 Resolution No.2020-31 Page 7 of 8 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT CONTAINING 1,595 SQUARE FEET, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "B' ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. k4,\ a+S Fv 0 UNDER THE DIRECTION OF:,__\,,„, 0 — ,. . a.c o.8088 e # E'�P• 1231/it � DAMES O. STEINES, P.L.S. 6086 9��OFCAOCOP�\P SEPTEMBER 9, 2010 J.N. 2042 477000 vvrtaSOCTUXUNTIOCASuRMwuustE+trcam MIT uuOP ODIoocx 2 OF 2 Resolution No.2020-31 Page 8 of 8 E XI-tIBIT "B" SHEET 1 OF 1 A PORTION OF LOT 1, TRACT NO. 7923, M.B. 113 / 80-83, N THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CAUFORNIA TEMPORARY CONSTRUCTION EASEMENT / CURVE TABLE / NO. RAMS DELTA LENGTH 1O Cl 30.87' 47'03'54" 25.36' poi I 0. LINE TABLE P.O.B. NO. BEARING LENGTH SCALE* 1" = 30 Ll 554'3454"E 19.01' / L2 535'25'06"W 21.00' cl 'b, N L3 554'34'S4'E 10.83' � L4 565'05'49"W 23.76' V .0 1 L5 524'54'11"E 20.68' LG 506'45'56"W 5.00' -VSN `J 441t c TEMPORARY ill // \ I / CONSTRUCTION EASEMENT 50. FT. / �, /; T- - 1CO / / '=--1A 1,. Np. / R=3G.00 _ / y / �A2,.5 w . .. LOT 1 O $� / R=42.00' ` — Own) w 10 $ CITY Of VERNON ROAD 51Y LINE LOT 1 EASEMENT REG. 8/9/62 AS INST. NO. 3473, O.R. N Nt -..._____` - !________N DISTRICT N �� _ BOULEVARD o Q � a No. * Eqx 12/31/1 1 * TANl>icrr a CONSULTING SUL wu INC. 19 IVE 1,9 �i�� IRVINE,CA 92618 OF��`,..nq JA O. 5 E5, P.L.S GO&G 949.923.6000 iwaec.c m V:\projects '0 7000\SURAWP\OWG\S17IIE0002.d g 9/9/2010 J.N. 2042 477000 DATE* 9/9/10 STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-328-2020 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: October 6, 2020 SUBJECT Resolution of Necessity-Acquisition of Property for Right of Way 5122 S. Atlantic Boulevard Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and B. Adopt Resolution No. 2020-31 finding and determining that the public interest and necessity require the acquisition by eminent domain of interests in certain real property for public use and authorizing and directing condemnation of portions of Assessor's Parcel No. 6314-003-001 for the Atlantic Boulevard Bridge of Los Angeles River Project. Background: The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. On average over 50,000 vehicles cross the bridge each day. Atlantic Boulevard is a vital artery serving not only the City of Vernon but also serving as a gateway to the southeast community. Due to the narrow pedestrian walkway and traffic lanes, the bridge is currently a traffic bottleneck and inadequate for the projected future traffic volume of cars and trucks. In order to meet current and projected future traffic demands, the Atlantic Boulevard Bridge of Los Angeles River Project will widen and rehabilitate the bridge, including widening the street leading up to the bridge, improving the traffic signals, and installing upgraded railroad crossings. In order to make these improvements, the City must obtain Temporary Construction Easements (TCE) and permanent Street Easements (SE)to accommodate the widening of the bridge and roadway and allow for construction activities (Attachment 1, Exhibits A and B). 5122 S. Atlantic Boulevard contains a 9-foot wide sliver of property that is necessary for a permanent street easement to allow for the bridge and street widening. 5122 S. also contains a 30-foot wide section of land that will be needed as a Temporary Construction Easement to allow for construction. The City through its right of way consultant has been in contact with the owner of 5122 S. Atlantic Boulevard and their representatives since 2015 (Attachment 2). A written offer to purchase the easements based on a third-party appraisal, and pursuant to Government Code Section 7267.2, was made to the Owner by email dated June 5, 2019. Since that date there has been extensive communication with the Owner and the Owner's representatives. However, to date, the offer has not been accepted, and negotiations have not resulted in an agreement for the Citys purchase of the Property. Pursuant to Code of Civil Procedure Section 1245.235, notice was provided via first class mail on September 17, 2020, to the name and address appearing on the last equalized county assessment rolls for the property to be acquired by eminent domain (Attachment 3). Fiscal Impact: There is no fiscal impact associated with this report. The Atlantic Boulevard Bridge of the Los Angeles River Project is a Federally funded project. The acquisition of the street easement and the temporary construction easement would be reimbursed subject to federal procedures and guidelines. Attachments: 1. Resolution No. 2020-31 Eminent Domain 5122 S. Atlantic Blvd. 2. Contact Diary 3. Notice of Intent of Resolution of Necessity Parcel Reference Date of Contact contact By comment 6314-003-001,Krystal Ente 8/14/2020 Albert Harmon I sent another fallow up email to mike from Magnum Properties asking for his assistance contacting Krystal Enterprises.I am waiting for his response. 6314-003-001,Krystal trite 6/12/2020 Albert Harmon I called and left a message to Mike at Magnum Properties to ask if we could speak with Krystal Enterprises. 6314-003-001,Krystal Ente 4/29/2020 Albert Harmon I mailed another contact letter to Krystal Enterprises. 6314-003-001,Krystal Ente 4/20/2020 Albert Harmon I sent a follow up email to Magnum Properties asking to contact the property owner. 6314-003-001,Krystal Ente 2/11/2020 Albert Harmon Received a signed receipt of certified mail by Veronica today. 6314-003-001,Krystal trite 2/5/2020 Albert Harmon Sent another follow up letter regular and certified mail to the owner's home address. 6314-003-001,Krystal Ente 1/24/2020 Albert Harmon I drove to the owner house to make contact. I spoke with Mr.Akopyan,and he said that I had just missed her. I gave him a copy of the letter we had mailed on the 10th. He was very familiar with the project,he mentioned receiving the offer package. I explained that it was very important that we spoke about the offer soon. He said that he would give my card to Veronica and have her call me. 6314-003-001,Krystal Ente 1/14/2020 Mona Montano Continuing attempts to coordinate meeting with property owner;OPC sent email to Mike Meraz to follow up on meeting coordination. Sent letter to Veronica Escamilla on 1/10/2020 in an attempt to make direct contact with property owner. Waiting for response. 6314-003-001,Krystal trite 1/10/2020 Albert Harmon I sent an email to Mike letting him know that I had spoken with Mr.Fisher,and that we needed to schedule a meeting with the owners and the City regarding the needed easements soon.We drafted a contact letter and mailed it regular and certified mail.Tracking number 70181830000080277260 6314-003-001,Krystal Ente 1/7/2020 Albert Harmon I sent a follow up email to Jamie Fisher asking for a letter of representation. 6314-003-001,Krystal Ente 12/16/2019 Albert Harmon I sent Jamie Fisher an email and asked if he would provide me with a representation letter signed by the property owner. 6314-003-001,Krystal trite 12/12/2019 Albert Harmon Michael replied to my email stating that Mr.Jamie Fisher was representing the property owner.I replied and asked if he could provide me with a letter of representation signed by the property owner. 6314-003-001,Krystal Ente 12/10/2019 Albert Harmon I sent an email to Michael letting him know that I still have not heard from the owner's attorney, and I asked if he would send the attorneys contact information to me so I can reach out to him. 6314-003-001,Krystal Ente 12/4/2019 Albert Harmon I called Mike to see if we could set up a meeting with the property owner to discuss the offer package. Mike said that they had received the offer and that their counter offer was for the agency to purchase the whole property or nothing at all.I asked Mike again if we could set up a meeting to make sure the owner understood that we only need to acquire a roadway easement and ICE,and that the project would improve traffic flow in the area. Mike said that they had hired an eminent domain attorney so I asked if I could speak with the attorney to make sure that everyone understood what the offer was for. Mike told me to email my contact info to him and he would forward it to the attorney. I thanked him for his time,and I sent the email asking him to forward it to the attorney. 6314-003-001,Krystal Ente 9/30/2019 Mona Montano Communicated with owner's realtor,Mike Meraz and sent following update to the City: From:Mona Montano Sent:Monday,September 30,2019 1:20 PM To:Brandon Araujo(baraujo@ci.vernon.ca.us)<baraujo@ci.vernon.ca.us> Cc:James lu<james.lu@cnseng.com> Subject:Krystal Enterprise Update Hi Brandon,I Just got off the phone with Mike Meraz, property owner's realtor,who said that they are now in the process of interviewing eminent domain lawyers to represent the owner in the transaction. He also told me that the City will need to purchase the whole property and find a place for the business to relocate due to the City taking the driveway. I told Mike that we have been requesting a meeting with the property owner(s)to discuss the real impact of the project to the property which is NOT taking away the driveway and to show the owner that the business will not be disrupted. Mike said that possibly a meeting can be set up the 4th week of October. Project schedule wise,we are still on track but I want to let you know that it'll be a hard sell particularly with me not being able to speak to the owner directly and instead I am dealing with the owner's realtor who has had the property listed for several years now. Thanks,mona 6314-003-001,Krystal Ente 9/23/2019 Mona Montano Spoke to Mike Meraz to verify if he has spoken to the owners re coordinating a meeting with the City. He said that he has not heard back from the owners and he will call them again. 6314-003-001,Krystal Ente 9/4/2019 Mona Montano Attempted to make contact with Mike Meraz;left message and sent follow up email. From:Mona Montano Sent:Wednesday,September 4,2019 10:54 AM To:magnumprop@aol.com Subject:RE:5122 S.Atlantic Blvd. Hello Mike,are the owners back to allow you to set up a meeting with the City? Thanks and hope to hear from you soon.mona 6314-0O3-001,Krystal Ente 8/26/2019 Mona Montano Update from owner contact: From:magnumprop@aol.com<magnumprop@aol.com> Sent:Monday,August 26,2019 4:24 PM To:Mona Montano<mMontano@opcservices.com> Subject:Re:5122 S.Atlantic Blvd. Mona, The main principal is still out of the country and returns later this week.Once he is back I will call you and set up a time. 6314-003-001,Krystal Ente 8/20/2019 Mona Montano Attempted to make contact with Mike Meraz. Receptionist said that he was out of the office. Sent follow-up email: From:Mona Montano Sent:Tuesday,August 20,2019 12:37 PM To:magnumprop@aol.com Subject:RE:5122 S.Atlantic Blvd. Hello Mike, we spoke on August 7 and agreed that I will follow up with you on a meeting that I would like to coordinate between the property owners and the City of Vernon. Have you verified the property owner's availability for a meeting. Please advise. Thanks,mona 6314-003-001,Krystal Ente 8/7/2019 Mona Montano Spoke to Mike Meraz today to verify if we can enter the property for staking. Mike said that the owners are just not willing to negotiate. It is all or nothing.Mike said that they cannot see how this project will not impact the business. I told Mike that the City will be happy to hear the owners' issues and concerns. But with the owners just ignoring the City's request to meet,the City will not be able to understand the owners'issues and concerns. I told Mike that the City is willing to stake the property so as to give the owners a better understanding of the impact of the project to the property but our request keeps getting rejected. Mike said that he will try to coordinate a meeting between the owners and the City closer to the end of the month and will have a lawyer with them. One owner is on vacation the other is not feeling well per Mike. I told Mike I will follow up with him again in a couple of weeks. 6314-003-001,Krystal Ente 7/12/2019 Mona Montano Sent follow up email to Mike Meraz: From:Mona Montano Sent:Friday,July 12,2019 11:51 AM To:magnumprop@aol.com Subject:RE:5122 S.Atlantic Blvd. Hello Mike, I wanted to follow up on our request to be provided access to stake the property. As mentioned previously,this will assist you and the owners in determining the actual impact of the project to the property and the business. Please let me know when we can access the property to stake and then we can meet to inspect the limits of the areas being acquired and rented and hope to start negotiations. Thanks and hope to hear back from you soon. mona 6314-003-001,Krystal Ente 6/28/2019 Mona Montano Sent follow up email to Mike Meraz: From:Mona Montano Sent:Friday,June 28,2019 11:46 AM To:magnumprop@aol.com Subject:Re:5122 S.Atlantic Blvd. Thank you Mike. Are you/owner okay with staking the property to show you the limits of what the City is acquiring. We can then discuss the impact to the property and the business and move on with the negotiation process. I also.need to discuss the billboard. Let me know your availability. Thanks again,mona 6314-003-001,Krystal Ente 6/18/2019 Mona Montano Relayed discussions with owner to the City and CNS via email: From:Mona Montano Sent:Tuesday,June 18,2019 1:48 PM To:Brandon Araujo(baraujo@ci.vernon.ca.us)<baraujo@ci.vernon.ca.us> Cc:James Lu<james.lu@cnseng.com> Subject:Krystal Enterprise,LLC HI Brandon, I just got off the phone with Mike Meraz, owner contact,to review the contents of the offer package. Mike Meraz said that he spoke to the owner and said thay they were not interested in selling a portion of the property.It Is all or nothing. I explained to him that the City will not purchase the whole property as the partial take will not impact business operations. Mike Meraz said that he does not believe that the business operations,particularly ingress/egress of tanker trucks will not be impacted by the take. I suggested that we meet on site with the owners to provide them with a better understanding of the acquisition and discuss the TCE as well. I would suggest we have the property staked to show the owner the limits of the take and TCE. Let me know when that can be scheduled and I will secure authorization to get your surveyor into the property.Thanks,mona 6314-003-001,Krystal Ente 6/17/2019 Mona Montano Spoke to Mike Meraz regarding the offer. Reviewed the contents of the offer package including Title VI. Mike Meraz said that he also spoke to the owner about it and was told that the owner will not sell a portion of the property. He said that the acquisition for street easement will have an impact on the operations of the businesss particularly with regards to ingress/egress of tanker trucks. I told him that I can request the City to have the property staked and we can meet to inspect the property together with owner to give them a better understanding of the project impact on the property and how it should not affect busines operations in the after condition. 6314-003-001,Krystal Ente 6/13/2019 Mona Montano Received email from Mike Meraz acknowledging receipt of offer package. Responded to email verifying availability to review offer package in-person or over the phone. 6314-003-001,Krystal Ente 6/5/2019 Mona Montano REceived notification of owner regpresentation by Mike Meraz of Magnum Properties. Sent offer package and appraisal via email. Offer package Included Title VI brochure. 6314-003-001,Krystal Ente 11/19/2018 Mona Montano Received call from Mike Meraz of Magnum Properties, real estate broker who acknowledged receipt of the NDA. Mike Meraz said that the owner asked him to contact me and let me know that they are not interested in selling any portion of the property and thay if the City wants any part of the property they should purchase the whole property or replace with a like property in the area. I told Mr.Meraz that at this time, the City wants an appraisal done to evaluate the Interests and right proposed to be acquired.When the City makes the offer to the owners,negotiations will commence. I told Mr.Meraz that we encourage owners to be present during the appraisal inspection so that the owner and appraiser can communicate directly on inquiries each party may have. Without an appraisal,the City will not have any basis to respond to the owner's offer to negotiate. Mr.Meraz said that the appraisal can be done from outside and that the owner is not interested in joining the appraiser. I told Mr.Meraz that I will notify the City and the appraiser. 6314-003-001,Krystal Ente 10/23/2018 Mona Montano Notice of Decision to Appraise sent out to owner by regular and certified mail. 6314-003-001,Krystal Ente 2/9/2016 Mona Montano Update from City re:review of appraisal by City Council:From:Contreras,Rafael [mailto:RContreras@ci.vernon.ca.usj Sent:Tuesday,February 09,2016 5:30 PMTo:'James Lu';Mona MontanoCc:Min SaysaySubject:RE:Atlantic Blvd Widening re:APN 6314-003-001 Krystal Enterprises and 6304-007-900,6314-033-901 LACFCDJames,Unfortunately,I was not able to make the 2/16 agenda.It Is on the agenda for 3/1. 6314-003-001,Krystal Ente 1/26/2016 Mona Montano Appraisal emailed to CNS and City of Vernon on 1/26/16 by MR;pending approval of just comp;will potentially be included in the 2/16/16 council agenda. 6314-003-001,Krystal Ente 7/22/2015 Debbie Morgan Mailed out NDA letter certified and regular mail to owners. aF rfA 'r„,`'`'i- do 4305 Santa Fe Avenue oti City of Vernon , : Vernon,CA 90058 � (323)583-8811 s'PrtY t►ipJ September 17,2020 CITY COUNCIL OF THE CITY OF VERNON NOTICE OF INTENT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN AND OTHER RELATED MATTERS (Code of Civil Procedure,Section 1245.235) Krystal Enterprise 913 Cambridge Drive Burbank,CA 91504 Attention: Veronica Escamilla Dear Veronica Escamilla, The law provides procedures for public agencies to acquire private property for public use. It requires that every agency which intends to condemn property notify the owners of its intention to condemn. California Code of Civil Procedure (CCP) Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following three conditions are established: (A) The public interest and necessity require the project. (B) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (C) The property sought to be acquired is necessary for the project. Also, CCP Section 1245.230 requires that the offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that the City of Vernon City Council (the"Council") at its meeting to be held on October 6, 2020 in Vernon, California, will be asked to decide if the above conditions have been met concerning your property and, if so, to adopt a Resolution of Necessity ("Resolution"). Questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the Council will not consider such in determining whether a Resolution should be adopted. The Council's adoption of the Resolution authorizes the City of Vernon (the "City") to acquire the property by eminent domain. Within six months of the adoption of the Resolution, the City will prepare and file a complaint in Superior Court commencing the eminent domain proceeding. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in this court proceeding. A description of the required property is attached to this Notice and is marked Exhibit A and Exhibit B. The law provides you an opportunity to appear before the Council and raise questions concerning only the three conditions referred to in CCP 1240.030 as cited above. If you file a written request to appear (within 15 days from the mailing of this Notice), you are entitled to appear and object to the adoption of the Resolution. Your written request to appear should include a statement indicating which of the three conditions listed in the first paragraph above you contend have not been met. By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, you will enable the Council to authorize a full and expeditious review of the project's effect on your property. The City will conduct the review on behalf of the Council and ask for your participation. Based on this review, the City will then prepare a report to be presented to the Council at the meeting at which you intend to appear. Your written request to appear must actually be on file with the Council within the 15-day period set forth above. Failure to file a written request to appear will result in a waiver of your right to appear and be heard. All requests to appear must be sent for filing to: City Clerk, City of Vernon,4305 Santa Fe Avenue, Vernon, CA 90058. If you request an appearance, you will be notified of the meeting date,time and location at a later date. For your convenience, if you are unable to personally appear or choose to submit written objections in place of a personal appearance, the Council will consider any written objections so long as they are filed within the 15-day period set forth above. All written objections filed with the Council within the 15-day period will become part of the official record of the meeting at which the Council hears the Resolution. We recommend that if you intend to appear, or if you intend to submit written objections in place of an appearance, you mail your correspondence Certified Mail, Return Receipt Requested to confirm that your response was received within the 15-day period. If you have any questions, please call Daniel Wall at telephone number(323) 583-8811 Ext 305. Sincerely, IAA, Danie a Director of Public Works Attachments: Exhibit A—Street Easement Exhibit B—Temporary Construction Easement EXHIBIT "A" STREET EASEMENT BEING THAT PORTION OF LOT 1 OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 113, PAGES 80 THROUGH 83, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 1 WITH A LINE PARALLEL WITH AND 9.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE, SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 36.00 FEET AND TANGENT TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE, SOUTHEASTERLY ALONG SAID CURVE TO ITS TANGENCY WITH SAID SOUTHERLY LINE OF LOT 1. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ROAD EASEMENT TO THE CITY OF VERNON RECORDED AUGUST 9, 1962 AS INSTRUMENT NO. 3473 OF OFFCIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER. CONTAINING 884 SQUARE FEET, MORES OR LESS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. (o.6O 0. UNDER THE DIRECTION OF: ic„ * 1 2/31/11 : JAMES O. STEINES, P.L.S. 6086 AUGUST 26, 2010 °' CAIIFp J.N. 2042 477000 vwc M2012,rrauauwAr,LeouSISTREEr ESMre»aro3 COI.DOCI 1 OF 1 EXNIt3IT ► A rr r SHEET 1 or 1 A PORTION OF LOT 1. TRACT NO. 7923. M.B. 113 / 80-83. IN THE CITY OF VERNON, COUNTY OF LOS ANGELES STATE OF CALIFORNIA STREET EASEMENT / 7�o o• 49 N v / SO• , ` . P.O.B. Q SCALE! 1" - 30' � ,� %r9.4. a rZ 39 STREET EASEMENT �or 9• 884 60. rT. 1 I/ 1c° // / �R Np. / NX / LOT 1 / R-36.00' // �\ H4. �o,LRa42.00' \EASEMENT REC. 8/9/62 CITY OE VERNON ROAD �` HIVE LOT 1 AS INST. NO. 3473, O.R. ~---__ N •t ` — �____. DISTRICT _ 8"/EVARb o - — n y 0O.STccSG m ccNo.60©6 0 a ,�- * Exp. 12/31/11 .ij \ ,✓/ A STANTEC CONSULTING INC. 71,, �a�� ` cii:4, �� 19 TECHNOLOGY DRIVE IRVINE,CA nFCAl4E 0� J5 O. EINES, P.L.S 6086 Stantec 949.923.6000 618 a..Rcc<un V:\projects\2042477000\SURM4P\OWG\SYME0001.dw9 8/26/2010 J.N. 2042 477000 1 DATEt 8/26/10 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT BEING THAT PORTION OF LOT 1 OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 113, PAGES 80 THROUGH 83, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, SOUTH 54°34'54" EAST, 19.01 FEET; THENCE, TRAVERSING THE INTERIOR OF SAID LOT 1, THE FOLLOWING COURSES: SOUTH 35°25'06" WEST, 21 .00 FEET; SOUTH 54°34'54" EAST, 10.83 FEET; SOUTH 33°11'59" WEST, 45.00 FEET; SOUTH 65°05'49" WEST, 23.76 FEET; SOUTH 24°54'11" EAST, 20.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30.87 FEET AND TO WHICH A RADIAL LINE BEARS SOUTH 53°49'25" WEST; SOUTHEASTERLY 25.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°53'04" TO A NON-TANGENT LINE AND TO WHICH A RADIAL LINE BEARS SOUTH 06°45'31" WEST; ALONG SAID NON-TANGENT LINE, SOUTH 06°45'56" WEST, 5.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 1 WITH A LINE PARALLEL WITH AND 9.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE, SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 36.00 FEET AND TANGENT TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE, SOUTHEASTERLY ALONG SAID CURVE TO ITS TANGENCY WITH SAID SOUTHERLY LINE OF LOT 1. \':NROJECI SC2042177000SPRSIAALEG+LLSCfE\IVf(1Si 1 1•iN11 014.001001.D1X:X 1 OF 2 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT CONTAINING 1,595 SQUARE FEET, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "8' ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. 9�OC��ENO PREPARED BY: STANTEC CONSULTING INC. Q��S O.sr��G�m UNDER THE DIRECT OF: -- a No,6086 Oi& _ • * p.12/3t/iy O JAMES O. STEINES, P.L.S. 6086 .), 34 OFCAIIFO� SEPTEMBER 9, 2010 J.N. 2042 477000 V iTROJECTS01414flour,it'e%l 1 J.GALLVTE'.MPCONST LAM 6314 C01 WI OOC X 2 OF 2 EXHIBIT "B" SHEET 1 OF 1 A PORTION OF LOT 1, TRACT NO. 7923, M.B. 113 / 80-83, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA TEMPORARY CONSTRUCTION EASEMENT / _ `CURVE TABLE _ _ / NO. 1 RADIUS DELTA _LENGTH CI 30.87' 4703'54" 25.36' Pill y, LINE TABLE P.O.B. NO. BEARING LENGTH SCALE' 1" = 30' Li 554'34'54"E 19.01' / L2 635'25'06"W 21.00' L3 554'34'54"E 10.63' 40/ aO' (5‘6 l7 L4 SG5'05'49'W 23.76' L5 524'54'11"E 20.68' .g.71 LG 506'45'S6"W 5.00' v / �S / P / lit s9, 4Vl --TEMPORARY or / 9' 1� . CONSTRUCTION / // / 0„� EASEMENT a rq 1,595 so. FT. .,"'vet i / R-36.00'7-- 1 r" / \ . � /----- LOT 1 $'3 S50- EASEMEN CITY OF T ERNON ROAD wt.?. LINE LOT 1 REG. 89/62 AS MST. NO. 3473, O.R. N 1 _ MO Ott-�N4 �P�`'O.ST�,G 9 9No.801 * Exp.i?J31/11 STANTEC CONSULTING INC. <! 19 TECHNOLOGY DRIVE p�,�,�, IRVINE,CA 92618 q pF� �FOQ� JA a O. 5 ES, P.L.S O8G Sta11teC 949.923.6000 ,e�.c4n. V\proJects 000\SURAUP\OWC\SrMEo002.dw9 V9/2010 J.N. 2042 477000 DATEs 9/9/10