HomeMy WebLinkAboutAGENDA REPORT 2001 0404 CC SPC ITEM 04AMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
ITEM q . A .
CITY OF ',4(N)RP'1RK. CALIFOP -NIA
City Council ilecting
of S� %
ACTION-
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FROM: Walter Brown, City Engineer/W,0611
Prepared by Walter Brown
DATE: March 26, 2001 (CC meeting of April 4, 2001)
SUBJECT: CONSIDER A REQUEST TO VACATE A PORTION OF LOS ANGELES
AVENUE EAST RIGHT -OF -WAY AT CONDOR DRIVE IN TRACT "J"
OF RANCHO SIMI, VACATION No. V- 2000 -1
BACKGROUND
The attached Resolution with corrected legal description
requires City Council approval to complete street vacation
proceedings of a portion of excess right -of -way of Los Angeles
Avenue East . The Planning Commission on May 8, 2000, adopted
Resolution number PC- 2000 -390 concluding that this right -of -way
vacation request was in conformance with the General Plan as
required by Government Code Section 65402. On May 17, 2000, the
City Council adopted Resolution No. 2000 -1739, a Resolution of
Intent to Vacate a portion of right -of -way on Los Angeles Avenue
East at the intersection of Condor Drive including establishing
a public hearing which was held on June 7, 2000. Notices for the
hearing were published and posted in conformance with the
provisions of the Streets and Highways Code. After receiving
public testimony concerning this vacation the City Council
determined that the right -of -way vacation was appropriate and
adopted Resolution No.2000 -1747. The following determinations
and actions have been completed by the City Council:
1. Held a public hearing and considered testimony and evidence
submitted. Closed the public hearing.
2. Determined that this project is categorically exempt from
CEQA requirements as a Class 12 exemption for the sale or
vacation of excess property.
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Agenda Report
Vacation No. V- 2000 -1
March 26, 2001
Page 3
3. Confirmed that this requested right -of -way vacation is in
conformance with the General Plan consistent with Planning
Commission Resolution No. 2000 -390.
4. Determined that the portion of right -of -way is not useful
as a non - motorized transport facility.
All documents used for the required public noticing, for both
the City Council meetings and the Planning Commission meetings
provided a correct illustration of the street being vacated.
However, the legal description omitted a small portion of the
area intended to be vacated. Prior resolutions have properly
addressed portions of the right -of -way to be relinquished and
remain valid. This proposed action addresses only the small
parcel not previously acted upon.
DISCUSSION
The City Council, by the previous actions mentioned above, has
approved the vacation and disposed of two adjacent portions of
the right -of -way at this location. The need for this action is
caused by the obscure chain of title of this remaining portion
of the street vacation. Cooperative research by the Applicant's
Engineer, the Applicant's Title Company and City Staff
determined that this additional step is necessary. The area of
land involved is approximately .0574 acres. The applicant's
engineer suggested and City Staff concurs that the description
of the street vacation should include the previously vacated
portion described on prior City Council resolutions as well as
the small portion not previously included.
Exhibit "A" is a legal description of the parcel to be vacated
and deeded to the property owner. Exhibit "B" was drawn to
clearly illustrate the location of the parcel (portion of right -
of -way) to be vacated. This drawing shows the entire parcel
being vacated and the vacation area in relation to the
intersection of Los Angeles Avenue East and Condor Drive and the
portion of Los Angeles Avenue disposed by the City Council as
surplus property.
Use by Public Utilities
The existing right -of -way serves as a public utility corridor
for existing facilities of Southern California Edison, Southern
California Gas, Pacific Bell, Ventura County Waterworks District
No. 1 (domestic water and sanitary sewer) and City storm drains.
`J000
Agenda Report
Vacation No. V- 2000 -1
March 26, 2001
Page 3
To the extent that these facilities cannot be abandoned or
relocated, the reservation and exception from the vacation of
public utility and drainage easements will provide for the
public convenience and necessity.
STAFF RECOMMENDATION
Adopt Resolution No. 2001- ordering the vacation of the
portion of Los Angeles Avenue East right -of -way and directing
the City Clerk to record this Resolution.
Attachments: Draft Resolution
Recording Requested by and
Return to:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, VACATING A PORTION
OF THE LOS ANGELES AVENUE EAST RIGHT -OF -WAY,
AT THE NORTHEAST CORNER OF THE INTERSECTION
OF CONDOR DRIVE, IN TRACT 3492
Vacation No. V- 2000 -01
WHEREAS, a portion of Los Angeles Avenue East right -of -way,
within Tract "J" of Rancho Simi was relinquished to the City of
Moorpark; and
WHEREAS, it has been determined that the said portion of
right -of -way will allow for realignment of the intersection of
Los Angeles Avenue East and Condor Drive and is otherwise of no
interest to the City of Moorpark; and
WHEREAS, it is appropriate, therefore, to consider the
vacation'of said portion of right -of -way; and
WHEREAS, the Planning Commission on May 8, 2000, adopted
Resolution No. PC- 2000 -390 concluding that Vacation Request No.
V- 2000 -01 is in conformance with the General Plan as required by
Government Code Section 65402; and
WHEREAS, on May 17, 2000, the City Council adopted
Resolution No. 2000 -1739 declaring its intent to vacate a
portion of the Los Angeles Avenue East right -of -way, at the
northeast corner of the intersection of Condor Drive, in Tract
3492 in the City of Moorpark; and
WHEREAS, Resolution No. 2000 -1739 fixed 6:30 p.m. on the 7th
day of June, 2000, in the Community Center at 799 Moorpark
Avenue in the City of Moorpark, as the time and place for
hearing all persons interested in the proposed vacation and the
date of said hearing was not less than fifteen (15) days from
the date of the adoption of Resolution No. 2000 -1739; and
'�` '000'!
Resolution No. 2001 -
Page 2
WHEREAS, Notice of Hearing was duly published for two
successive weeks prior to the hearing consistent with the notice
requirements in Sections 8320 and 8322 of the Streets and
Highways Code of the State of California; and
WHEREAS, three notices of said street vacation were duly
posted conspicuously along the line of the street to be vacated
at least two weeks before the day set for the hearing, and such
notices were prepared and posted consistent with the
requirements in Sections 8320 and 8323 of the Streets and
Highways Code of the State of California; and
WHEREAS, on June 7, 2000, at 6:30 p.m. in the Community
Center at 799 Moorpark Avenue in the City of Moorpark, the City
Council held said hearing and received and considered the
evidence with respect thereto and said hearing was duly closed
and Resolution No. 2000 -1747 was adopted vacating portions of
the right -of -way; and
WHEREAS, Resolution No. 2000 -1739 and
of Hearing and posted notice of street
correct area intended to be vacated;
description attached to Resolution No.
correctly identify the entire area of
vacated; and
the published Notice
vacation showed the
however, the legal
2000 -1747 did not
right -of -way to be
WHEREAS, on April 4, 2001, the City Council considered a
staff report recommending adoption of a resolution to vacate the
additional area of the Los Angeles Avenue East right -of -way not
addressed in Resolution No. 2000 -1747, as described in Exhibits
A and B attached hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The portion of Los Angeles Avenue East right -of-
way to be vacated at the northeast corner of the intersection
with Condor Drive, as described in Exhibit "A" and shown within
the cross - hatched area on Exhibit "B ", said exhibits are
attached hereto and made a part hereof, is hereby declared to be
unnecessary for present or prospective public street purposes
and is not required for a non - motorized transportation facility.
SECTION 2. The land, which is more particularly described
in Exhibit "A" and shown on Exhibit "B ", is hereby vacated.
Resolution No. 2001 -
Page 3
SECTION 3. The effect of this action is hereby deemed to
vest ownership of the land vacated to the owner of Lot 15 of
Tract 3492 as recorded in the Office of the Ventura County
Recorder.
SECTION 4. The City Clerk is authorized and directed to
cause a certified copy of this Resolution to be recorded in the
Office of the County Recorder of the County of Ventura,
California.
SECTION S. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 4th day of April, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments: Exhibit "A" - Legal Description
Exhibit "B" - Portion of Right -of -Way to be Vacated
Exhibit A
All that portion of Los Angeles Avenue in the City of Moorpark, County of
Ventura, State of California within Tract "J" of the Rancho Simi as Recorded in Book 3
Page 7 of Miscellaneous Records (Maps) in the Office of the County Recorder of said
County further described as follows:
That portion of the parcel condemned by the State of California as described in
the Final Order of Condemnation in Book 79 Page 5 of Judgments as recorded in Book
3551 Page 561 through 568 of Official Records in the Office of said County Recorder,
lying within the following described parcel;
Beginning at the Northwest corner of Lot 15 of Tract 3492 as recorded in Book
95 Pages 30 and 31 in the office of said County Recorder; thence along the Westerly
boundary of said Lot 15,
1 st South 05" 18' 17" West 405.15 Feet to a point on a tangent curve concave
Northeasterly and having a radius of 35.00 Feet; thence Southeasterly
along said curve,
0
2nd 42.35 Feet through a central angle of 69 19' 19" to a point on a non
tangent curve concave Northerly and having a radial of 270.00 Feet a
radial to said curve at said point has a bearing of South 3* 29' 41" West;
thence Easterly along said 270.00 Foot radius curve,
3rd 54.13 Feet through a central angle of 11* 29' 14" to a point on a compound
curve concave Northeasterly and having a radius of 35.00 Feet, a radial
to said curve at said point bears South 140 58'55" West; thence Westerly
and Northerly along said 35.00 Foot radius curve,
4th 64.83 Feet through a central angle of 106° 08' 04" to a point on a reverse
curve concave Westerly and having a radius of 447.00 Feet, a radial to
said curve at said point bears South 58' 53' 01" East; thence Northerly
along said 447.00 Foot radius curve,
5th 181.08 Feet through a central angle of 23` 12'29"; thence tangent to said
curve,
e
6th North 7 54'20" East 210.47 Feet to a point in the Westerly prolongation
of the Northerly line of said Lot 15; thence along the said Westerly
prolongation,
7th South 82* 0624" East 3.21 Feet to the true point of beginning.
3
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EXHIBIT "B "
CURVE DATA
Q
Q
RADIUS
LENGTH
TANGENT
1
69'19'19"
35.00'
42.35'
24.20'
2
1 1 '29 ' 14 "
270.00'
54. 13'
27.16'
3
106'08'04"
35.00'
64.83'
46.56'
4
2J'12'39"
447. DO'
181.08'
91.80'
5
642535"
425.00'
477.89
267.77'
6
12'20'34"
44700'
96.29
48.33'
7
3359'14"
35.00'
20.76'
10.70'
8
00'5522"
1 270.00'
4.35'
2.17'
N07'54'20 "W
63.34'
PREPARED
BY.•
FRED W.
HAMMAR
P.O. BOX
162
SOMIS, CA
93066
(805)491 -0294
CITY OWNED
RIGHT -OF -WAY
4 �J
J�
Q'
R.C.E. 13765 EXP. 03 -31 -05 DATE
N82'06'24 "W
3.21'
NEW
Rf W
EXCEPTION CITY OWNED
RIGHT -OF -WAY TRANSFERED
AREA = 0.0574 ACRES
SEE DETAIL "A" HEREON
h
,---CITY OWNED
RIGHT -OF -WAY
oSCALE i" = 100'
N
h
0 50' 100' 200'
N74'59' 13 "E GRAPHIC SCALE
68.40'
CITY OWNED RIGHT -OF -WAY
PER CONDEMNATION FILED
IN BOOK 79 PAGE 5 OF
JUDGEMENTS AND BOOK
3551 PAGE 561 OF
OFFICIAL RECORDS OF
VENTURA COUNTY CALIFORNIA
SHEET 1 OF 1 SHEET