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HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 10CC? - ITEM /0- C,- CITY OF CAT,mART%j CT'ty collnC4 rMe"'ed, of ocol MTION- md,o;Win e- MOORPARK CITY COUNCI1Py---U� -..--.- AGENDA REPORT TO: Honorable Mayor and City Council FROM: Hugh R. Riley, Assistant City Ma -alter DATE: August 10, 2001 (City Council Meeting of 9/5/01) SUBJECT: Consider Adopting a Resolution of Necessity to Acquire Fee Title by Eminent Domain Certain Vacant Real property Owned by Louis L. Borick Located at the Terminus of Fitch Avenue in the City of Moorpark. BACKGROUND: City staff has been pursuing acquisition of property that would be suitable as a site for the development of the City's Public Works and Parks Departments' Corporation Yard (the "Project"). Based on the Space Needs Study completed in March 2000, the City will need a site with at least 2 acres, preferably of Industrially Zoned property for the Corporation Yard. The site will need a building of approximately 9,400 square feet for operations, storage, street maintenance and public works yard storage; parking for about 50 vehicles for employees and visitors, a materials storage area and a grade separated dumping ramp (allowing direct dumps from trucks to containers). Fueling facilities may also be included in the plan but not necessarily constructed in the initial phase of development. Louis L. Borick is the owner of a 4-19-acre parcel of land located at the terminus of Fitch Avenue (APN: 512-0-150- 765). The property is zoned 1-1, Industrial Park and is situated between the Caltrans Corporation Yard and the railroad tracks. Of the sites examined for the City's new facility, this is the only site that meets all of the el 0 0 0 9 43 City Council Agenda Report September 5, 2001 Page 2 City's requirements. The remaining property would be ideal for the development of facilities to park and maintain the City's transit buses. The City had an appraisal made of the property by Scott Voltz & Associates. The appraised value of the property was determined to be seven hundred thirty thousand dollars ($730,000). The Appraisal document was reviewed by the City Council on August 1, 2001. On August 2, 2001, the City sent a written offer to purchase the property for the appraised market value of $730,000. On August 8, 2001 the City received a letter from Mr. Borick stating that he had no desire to sell the property. The City Council is asked to consider proceeding with fee title acquisition of the property by eminent domain and to adopt a Resolution of Necessity to acquire the property pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure and Section 33391 b) of the Health and Safety Code. In considering the adoption of the proposed Resolution of Necessity the City Council must make certain findings as to the need for the project and that the public interest is served through the City's acquisition of the property. These findings are as follows: 1. That the public interest and necessity require the construction of a Corporation Yard at this location. 2. That the above described Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the above described real property is necessary for the proposed project; 4. That the proposed project is consistent with the City's General Plan; e0002 City Council Agenda Report September 5, 2001 Page 3 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. STAFF RECOMMENDATION: Staff recommends that the City Council 1) make the findings of public necessity as described in the staff report and 2) Adopt Resolution 2001- Attachments: August 2, 2001 Offer to Purchase Letter from Mr. Borick Notice of Hearing Resolution No. 2001- CI 000 2's MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 August 2, 2001 Mr. Louis L. Borick 7800 Woodley Avenue Van Nuys, CA 91406 Re: Offer to Purchase Interests in Real Property: 4.19 Acre Parcel, Fitch Avenue, Moorpark, CA, APN 512 -0 -150 -765 Dear Mr. Borick: The City of Moorpark understands that you are the owner of a 4.19 acre parcel at the end of Fitch Avenue, Moorpark, California, APN 512 -0- 150 -765, more particularly described on Exhibit `B ", attached hereto ("Property"). With regard to the Property, the City of Moorpark hereby offers to purchase the fee simple interest in and to the Property for the appraised market value of SEVEN HUNDRED AND THIRTY THOUSAND DOLLARS, ($730,000). An independent appraisal of value was made of the Property to be acquired. The amount of the above offer is the amount the City has determined to be the fair market value thereof. The basis for that detennination is explained in the Appraisal Summary attached hereto as Exhibit "A," which is incorporated herein by this reference. If you have any questions regarding this letter, the acquisition or the Appraisal Summary, please contact me at 805 - 517 -6215. This offer is subject to 1. Ratification by the City Council 2. Your ability to convey acceptable marketable title, including elimination of liens and encumbrances on the Property. It is the City's hope that this price will be acceptable to you. Please respond to the terms of this offer in writing no later than August 10, 2001. Sincerely, g Hu Riley . Assistant City Manager cc: Steve Kueny, City Manager Joeseph E. Montes, City Attorney e 0 0 �, PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Counalmember Councilmember Louis L. Borick August 2, 2001 Page 2 Exhibit "All Appraisal Summary PROPERTY LOCATION 4.19 acre parcel at cast end of Fitch Avenue, Moorpark, California; Ventura County Tax Assessor's Parcel Number 512 - 0 -150 -765, described on Exhibit B attached hereto. PROPERTY TO BE The fee interest in and to the land and improvements for the ACQUIRED entire Property, 4.19 acres OWNER Louis L. Borick ZONING I -1— Industrial Park PRESENT USE Vacant CONTOUR Level at street grade. . ACCESS Fitch Avenue (Approximately 160 foot frontage). HIGHEST AND BEST USE Industrial VALUATION METHOD Sales Comparison Approach ESTIMATED PROPERTY $730,000 VALUE DATE OF VALUE June 29, 2001 0000217 Louis L. Borick August 2, 2001 Page 3 Exhibit "B" Legal Description SEE ATTACHED PARCEL MAP -ANCHO SIM1 Tax Rote Are® R. 1 -WeeIS' 10054 16 10007 10057 10066 10076 Ill 5.o. RR 10nf7 i z ors r Syr, R.126s7f D NELY COW 76 ! — 'tN75°4e)4 E* 12 F 4 1P ZPA7 �e 3190/401 - �� . TRA CT 1266-1 F1TCN A bf Par 1J _ 4 9oZ 21 PM 2 m 4 �/ - �' 'St5° �1 4.OlACPAR. 2 73 P U Par 10 L J 224Ac _ 140' —' a H P�viou5 Par No. 17D 21P 32 533,75 16 ., 8812 -w -oI o .924 74 ! �� 4� 1 = 400 -02 ? �o .� 63 7/ i Aye . FIST 3DWs2z' 1i 0 / FL d NN ! I IN SEE DETAIL 75 �� v- n 1 a 743.48 JO SS 5.49' 4394/134 y8Q °3429 w �I 2© 1328.9 21 RS18 44 �o�o, 43 4 IV � !.l6Ac. 1 e 784Ac. U ' 1 36:83Ac- Ali TRACT A98 4378 Cy / a ��a' 3911 / �0 a.5 p1gG Q / ° Sil3i 56 Za3 I +D I 2636 19 RS52 } Ol0 2.94AC. 55 B lAl J a /F j oa 5 119 \.30 (18.05) �1 1 3566 f ( ii B) I42O0Jr,,44R / 9�+w ) i Olt, 3133g1 5x 95 � 1 47� . �A � , / 845.2° P 2 t 2 50533/968 35 _ ^x_4336 725 �R =2950 / R 3� 35 46RS42 — — — — 4 'S- .� �. 1717.38 a - 3869/338 — — N d0 � I 3872/9 033 - - --�_ � of M. 0 AM ,+ �• �. I1PM .0010 r ,c,4 - LS 5 1�'NN'ON' "I$ rAGE fSTi1 JTS ' -EGA! ' O'S - ,(r••-�qc n9�lCc.n CITY OF MOORPA RK y 04)02 Assessor's Map Bk.512 , P915 LOUIS L. BORICK 7800 Woodley Avenue Van Nuys, California 91406 August 7, 2001 (818) 902 -2500 g Reev AUG 8 2001 As- �,� ,a ers Office Mr. Hugh R. Riley Assistant City Manager Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: APN 5A- 050 -765 4.19 Acre Parcel, Fitch Avenue, Moorpark, CA Dear Mr. Riley: In response to your kind offer dated August 2, 2001, this is to advise you that I do not currently have any interest in selling this property. Sincerely yours, Louis L. Borick LLB:djm cc: Steven J. Borick NOVICE OF FEARING NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY OF MOORPARK TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF THE 4.19 ACRE PARCEL, FITCH AVENUE, MOORPARK, CALIFORNIA; APN 512 -0 -150 -765; AS THE SAME IS DESCRIBED IN EXHIBIT "A" ATTACHED. TO: Louis L. Borick 7800 Woodley Avenue Van Nuys, CA 91406 YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq., that the City of Moorpark intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the fee title to certain real property ( "Property "), for certain public facility purposes (the "Project "). The Property is located at the terminus of Fitch Avenue; APN 512 -0 -150 -765; as the same is described in Exhibit "A" Attached. The hearing will be held on September 5, 2001 at 6:30 p.m., or as soon thereafter as the City Council of the City of Moorpark can hear said matter, at the City of Moorpark City Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021. You, as a person claiming or having an interest in and to the Property, are hereby notified that you have the right to appear and be heard on the issues to be considered at that hearing. The issues which will be considered are set forth in California Code of Civil Procedure section 1240.030, and include: Whether or not the public interest and necessity require the Project; 2. Whether or not the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether or not the Property sought to be acquired is necessary for the Project. If you wish to be heard at this hearing, you MUST FILE A WRITTEN REQUEST, indicating your intent to appear and be heard, within fifteen (15) days of the mailing of this notice by filing or delivering that written request to the City of Moorpark, City Manager at 799 Moorpark Avenue, Moorpark, California 93021. RIV #69160 V1 -1.- 000031 NOTICE OF HEARING, Page 2 You may use the enclosure for the purpose of notifying the City of Moorpark of your intent and desire to be heard. Your failure to timely file a written request to appear and be heard may result in a waiver of your right to be heard. For further information, contact Hugh Riley at (805) 517 -6215. Hu Riley Assistant City Manager RIV #69161 V1 0032 NOTICE OF HEARING, Page 3 Name Address Date RIV #69161 v1 REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY [APN: 512-0-150-765] Telephone Signature e00033 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR ESSENTIAL PUBLIC FACILITIES PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS A 4.19 ACRE PARCEL AT THE TERMINUS OF FITCH AVENUE; APN 512 -0 -150 -765, AS THE SAME IS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" and "B" ATTACHED HERETO AND INCORPORATED HEREWITH. WHEREAS, the City of Moorpark ( "City ") made an offer to Louis L. Borick ( "Owner ") on August 2, 2001, to purchase property for $730,000; and WHEREAS, said offer of $730,000 represents the full amount determined to be just compensation for the property and improvements; and WHEREAS, said offer is not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, on August 8, 2001, the Owner rejected the City's offer; and WHEREAS, the City then notified Owner on August 9, 2001, of a hearing, to be held not less than fifteen (15) days from the date of said notification; on September 5, 2001, at which time a Resolution of Necessity to acquire the property by eminent domain would be considered; and WHEREAS, Owner has not waived the fifteen (15) day notification period and has acknowledged the City's intent to hold said hearing at 6 :30 p.m. on September 5, 2001 in the manner provided in the Notice of Hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Moorpark (hereafter "City "), after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the September 5, 2001 meeting of the City Council hereby finds, determines and declares as follows: 0 Resolution No. 2001 - Page 2 1. That the public interest and necessity require the construction of a fire station at this location. 2. That the above described Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the above described real property is necessary for the proposed project; 4. That the proposed project is consistent with the City's General Plan; 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. SECTION 2. The real property that is the subject of this resolution and is to be taken by the City of Moorpark consists of a 4.19-acre parcel of land located at the terminus of Fitch Avenue (APN: 511-0-015-765) and as described on Exhibit 'Ar which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit 1BI which is also attached hereto and incorporated herein. SECTION 3. The public use for which the above-described property is to be taken is the development of the City's Public Works and Parks Departments' Corporation Yard. The City of Moorpark is authorized to acquire the above described property by eminent domain pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, and Section 33391 (b) of the Health and Safety Code. SECTION 4. If any of the above described property has been previously appropriated to some public use, the public use for which it is taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use. SECTION S. The City's Attorney and the firm of Burke, Williams and Sorenson are hereby authorized and directed to prepare, institute, and prosecute in the name of the City of CO0035 Resolution No. 2001 - age 3 Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above described property. SECTION 6. The City! Clerk shall certify to the adoption of this resolution by a vote of not less than four-fifths (4/5) of all of the members of theCity Council. SECTION 7. This resolution solution shall be effective immediately upon its adoption. SECTION 8. 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 day of September 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachments: Exhibit "A Exhibit "B G, () () () 1 , G O 2lam St Z ti N � n n/6 SITE PLAN 21CMA . R. 01-Me, ro wa CO M-r i J 'r Fbc ID �y • Source: County of Ventura Assessor's Map EXHIBIT A 0006, Project No. 11- 2260 -80 Date: -- -- u= 6 -14 -01 A.G.I..GEOTECHNICAL, IMc. &cafe. 1" = 300' ± Revised: droved by: I Drawn by: JcV Resolution No. 2001 - Page 5 EXHIBIT B Legal Description PARCEL 1, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 21, PAGE 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. v EXCEPT AN UNDIVIDED ONE -HALF OF ALL OF THE OILS, GAS, HYDROCARBONS, FISSIONABLE MATERIALS AND OTHER MINERAL SUBSTANCES LYING IN OR UNDER SAID LAND BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY THEREON FOR THE PURPOSES OF MINING, DRILLING, OR EXCAVATING SAME AS GRANTED TO ANNA EUGENIE WATERMAN, A WIDOW AND A.A. MILLIGAN, TRUSTEE, BY DEED RECORDED SEPTEMBER 8, 1958 AS DOCUMENT NO. 37936 IN BOOK 1652 PAGE 181 OF OFFICIAL RECORDS. 01 0 8