HomeMy WebLinkAboutAGENDA REPORT 2001 1107 CC REG ITEM 10B ITEM /0 �•
of 11-1-2001
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MOORPARK CITY COUNCI 1-I'l Ce -o"\
AGENDA REPORT -
BY:
TO: Honorable City Council
FROM: Joseph Montes, City Attorney
DATE: October 30, 2001 (CC Meeting of 11/7/01)
SUBJECT: Consider a Resolution Finding and Determining that the
Public Interest, Convenience and Necessity Require the
Acquisition for Public Purposes of Certain Property
Described as a Portion of APN' s 506-0-050-295 and 506-0-
050-420 and Located along the South Side of Los Angeles
Avenue and West of Moorpark Avenue
BACKGROUND
Moorpark Road, south of Los Angeles Avenue is being widened in
conjunction with development in that area of the City.
Additionally, Parkcrest Lane is being constructed. Right of way
has been secured from surrounding property owners for the widening
of Moorpark Avenue and the construction of Parkcrest Lane, with the
exception of certain right of way owned by Plaza International (the
"Property") .
City Council Resolution No. 99-1629, approving Residential Planned
Development Permit No. 97-1 for the Archstone Communities Apartment
Project, included conditions of approval requiring right of way
acquisition and roadway construction upon the property which is the
subject of this resolution. Pursuant to Government code section.
66462 . 5, the City has entered into an agreement which provides that
if the City Council , in its sole discretion, elects to acquire the
right of way by adoption of a resolution of necessity, that the
costs of such acquisition activity shall be borne by Archstone
Communities .
Pursuant to California Government Code Sections 7267 .2 , 37350 . 5 ,
and 40401 et se q. and California Code of Civil Procedure Section.
1230 . 010 et se q. and Section 19, Article I of the California
Constitution, and other authorities, the City of Moorpark is
Honorable City Council
November 7, 2001 Meeting
Page 2
authorized to acquire the fee title to the property by eminent
domain, provided certain procedural steps are followed.
First, the City must make an offer to the Property owner, which
offer must be transmitted in writing, based upon an appraisal . A
copy of the offer the City made to the Property owner is attached
hereto as Attachment 1 which offer was made as required by
applicable law. The offer was based upon an appraisal of the
Property. To date the offer has not been accepted.
It is now necessary that an action in eminent domain be commenced
to acquire the Property. Prior to filing the action, the City must
hold a hearing on a Resolution of Necessity, which resolution is
attached hereto, and provide the owner of the Property an
opportunity to be heard at that hearing, provided the owner has
filed a request to be heard in writing with the City prior to the
hearing .
The hearing was timely and duly noticed. Submitted herewith as
Attachment 2 is a copy of the Notice of Hearing which notice was
given in accordance with the applicable statutes .
After conducting the public hearing, if the City Council finds that
the public necessity so requires, the City Council should adopt the
proposed Resolution of Necessity, Attachment 3, authorizing
condemnation proceedings for the purpose of acquiring the Property
which is described in the said Resolution.
The findings, which need to be made, are as set forth in the
Resolution of Necessity. Specifically, the City must find:
That the public interest, convenience and necessity
require the acquisition of the Property for the Project .
As proposed, the Project will serve public purposes,
specifically, the project is a roadway widening project
intended to improve access to properties developing in
the area of the Project, as well as mitigate the impacts
of development, both future and in progress, on City
streets;
That the Project is planned or located in the manner that
will be most compatible with the greatest public good and
the least private injury. The Property is being acquired
because it will expand an existing roadway (Moorpark
Avenue) and complete a planned roadway (Parkcrest Lane)
for which the remainder of the necessary right of way has
already been acquired. Additionally, much of the
' E(fc
Honorable City Council
November 7, 2001 Meeting
Page 3
Property being acquired is already subject to access
easements, and thus is best suited for improvement as
roadway;
That the Property sought to be acquired is necessary for
the Project . Absent acquisition of the Property, the
roadways cannot be completed and alternate right of way
will have to be obtained. The scope of such alternate
right of way would exceed the Property being sought in
that the bulk of the right of way needed for the roadways
has already been obtained.
Questions relating to value are not relevant to this proceeding .
However, that does not mean that negotiations for the acquisition
of the Property are at an end. If the City Council adopts the
Resolution of Necessity, after the hearing, negotiations for the
acquisition of the Property will continue.
STAFF RECOMMENDATION
1 . Conduct a hearing on the Resolution of Necessity and review
the evidence presented, including this staff report and public
comments and close the hearing; and
2 . Adopt Resolution No. 2001- authorizing the commencement of
eminent domain proceedings so as to acquire the fee simple
interest in real property described therein. FOUR.-FIFTHS
(4/5' s) AFFIRMATIVE VOTE REQUIRED.
Attachments :
1 . Offer to Purchase
2 . Notice of Hearing
3 . Draft Resolution
10,'22/01 MON 1.1:32 FA.1 213 256 2700
002
LAW OFFICES
BURKE, WILLIAMS& SORENSEN, LLP
ow►nc;F MAVEN DFRU 611 WEST SIXTH STREET SAN DIEW COI+Nrr OFFrCE
18301 VON KARMAN AYEhUE.51J[TE 1050 ss0 vmST-C-sTAM Sum 1610
IRVINE,CALIFORNU 92612.1009 SUITE 2500 SAN DtECO.CAUTOANIA 92:01-IS83
TIC (949)663.3363 LOS ANGELES,CALIFORNIA 90017.3102 7* (919)615-%72
Fax (949)963 3750 Tel: (213)236-0600 Fu: (619)615-"73
Fax: (213)236-2700
tt.'ARSME CIDUNTY OFrla www.bwslaw.com Y9NTIIRA COUNrY OFFICE
3403 TENTH MEET,,SUITE 384 2310 EAST PONOU05A MIA,9ATr-25
31LERSIDE.CALIFORNIA 9ZSUI.3629 CAMARILLO,Ck iTORNU 93010-4747
7d (909)7WO100 Td: (80S)987.3460
Faa: (909)788-5769 fax: (10'S)462.9944
AMters Dreg OWE Oust FILE NO:
213-236-2736 01359.0 149
Imonre9®Dws/ewr 0m
September 27, 2001
Plaza International
21777 Ventura Boulevard, Suite 252
Woodland Hills, California 91364
Attention: Stanley and Fred Weiss
Re: Offer to Purchase Real Property: A Portion of APNs 506-0-050-295 and 420
Gentlemen:
This office represents the City of Moorpark as City Attorney. It is our understanding that
you are the owner of property situated along the south side of Los Angeles Avenue and west of
Moorpark Avenue in the City of Moorpark, County of Ventura, identified as APNs 506-0-050-
295 and 420. If such is not the case,please contact this office immediately.
The enclosed offer letter was sent to you on August 31, 2001 via certified mail,
requesting a response to the City's offer for acquisition of your property no later than September
28, 2001. The letter was returned to the City as undelivered. Accordingly, please respond to the
offer set forth in that August 31, 2001 letter no later than October 19, 2001.
Sincerely,
JO H M. MONT
of BURKE, WILL S &SORENSEN, LLP
Enclosure
cc: Steven Kueny, City Manager
Wayne Loftus, Community Development Director
LA 7377356 v)
)004`
ATTACHMENT I �•� °
10/22.'01 !ION 14:33 FAX 213 236 2700 2003
LAW OFFICES
BLRKE, WILLIAMS & SORENSEN, LLP
(:RANGE C01.N7Y CFFICE 611 WEST S.XTH STREET.SUITE 25CO /ENT,RA COUNT OITICE
:8301 VON KARMAN AVENGE.SU:7E 1050 LOS ANGE_ES.CALIFORNIA 90C17 3102 23:0 EAST pONCcROSA OR+vE.SUITE 25
.RVINE.CAL FCRNIA 92612.1009 Tel (2;3)236 0600 CA.vtARILLO.CALIFOR-41A 93010 41x7
Tel '949)863.3363 Fax (213)236.27C0 Tel: (805)987 3468
Fax: (943)863 335C htrP:\\www LWSlaw.cofn 'ax: ;805)482 9834
w'R:TER'S DIP---C-DIAL RIVERSIDE COUNTY OFFICE CJR I' E N0.
213.2362736 — 3403 TENTH STREET.SUITE 300 13:9 149
;motif";*ewslaa corr. RIVERSIDE.CALIFORNIA 92501.3629
Ter (909)788.0100
Fax. (909)789-5785
August 31, 2001
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Plaza International
21777 Ventura Boulevard
Suite 252
Woodland Hills, California 91364
Attn: Stanley and Fred Weiss
Re: Offer to Purchase Real Property: A portion of APNs 506-0-050-295 and 420
Gentlemen:
This office represents the City of Moorpark as City Attorney. It is our understanding that
you are the owner of property situated along the south side of Los Angeles Avenue and west of
Moorpark Avenue in the City of Moorpark, County of Ventura, identified as APNs 506-0-050-
295 and 420. If such is not the case, please contact this office immediately.
With regard to the property described above, the City of Moorpark hereby offers to pur-
chase the fee simple interest in and to a portion of APNs 506-0-050-295 and 420, consisting of
approximately 13,170 square feet and more particularly described and depicted on Exhibits"A"
and"B" attached hereto(the"Property"). The City offers the appraised market value of FIFTY-
EIGHT THOUSAND, !vTNE HLNDRED DOLLARS, ($58,900.00).
An independent appraisal of value was made of the Property to be acquired. The amount
of the above of'f'er is the amount the City has determined to be the fair market value thereof. The
basis for that determination is explained in the Appraisal Summary attached hereto as Exhibit
"C," which is incorporated herein by this reference. If you have any questions regarding this
letter, the acquisition or the Appraisal Summary, please contact the undersigned at 213-236-
2736.
This offer is subject to
1. Your ability to convey acceptable marketable title, including elimination of licns
and encumbrances on the Property; and
2. An environmental inspection and approval by the City. The purpose of this
process would be to attempt to determine whether there is hazardous
75817v I
10,22/01 XON 14:33 FAX 213 236 2700 004
August 31, 2001
contamination within, adjacent to, or coming from your property. The
environmental inspection and approval process may include physical inspections
and environmental assessments as deemed necessary or advisable by the City, as
well as other testing or inspection should a preliminary review indicate it
advisable. In the event the City determines that corrective or remedial action may
be necessary, the City reserves the right to reduce the amount offered to reflect
these costs,or to withdraw this offer. Any such inspections would be conducted
at City expense.
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 September 28, 2001.
Sincerely,
Joseph Montes
of BURKE, WILLIAMS & SORENSEN, LLP
cc: Steven Kueny,City Manager
Wayne Loftus, Community Development Director
4
75817vi
10:22.01 MON 14:33 FAX 213 236 2700
- Zoos
ExHISIT 'A'
THAT PORTION OF PARCEL"A"OF PARCEL MAP NO. 3118, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 20. PAGE
59 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
MORE PARTICULRRLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A: THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL"A"WEST 36.00 FEET TO THE INTERSECTION OF SAID
SOUTHERLY LINE;WITH A LINE WHICH IS PARALLEL WITH AND 36.00 FEET. MEASURED AT
RIGHT ANGLES, WESTERLY FROM THE EASTERLY LINE OF SAID PARCEL"A", SAID POINT OF
INTERSECTION BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE WEST 179.18 FEET;
THENCE, NORTH 75°57'50" EAST, 113.58 FEET; .
THENCE NORTH 6.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NOR i HV4ES T EF%LY. AND HAVING A Rr%Dl;,3 OF 35.00 FEET, A RACAL LINE THROUGH SAID
POINT BEARS NORTH, SAID POINT BEING ON A LINE 34.00 FEET, MEASURED AT RIGHT ANGLES,
NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL"A":
THENCE EASTERLY AND NORTHERLY ALONG SAID CURVE 54.98 FEET THROUGH A CENTRAL
ANGEL OF 90°00'00"TO A POINT ON A LINE BEING 70.00 FEET , MEASURED AT RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A
THENCE ALONG SAID PARALLEL LINE NORTH 231.00 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL"A"AND THE SOUTHERLY LINE OF THE"NOT A PART"PARCEL AS
SHOWN ON SAID MAP, SAID POINT ALSO BEING THE SOUTHWEST CORNER AN"OFFER OF
DEDICATION". RECORDED NOVEMBER 14, 1995 AS INSTRUMENT NO. 95-141047 OF OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID"OFFER OF DEDICATION" EAST 10.00 FEET TO
THE SOUTHEAST CORNER OF SAID"OFFER OF DEDICATION", SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN AN"OFFER OF DEDICATION",
RECORDED JUNE 08, 1994 AS INSTRUMENT NO. 94-098120 OF OFFICIAL RECORDS OF SAID
COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID"OFFER OF DEDICATION" EAST 24 00 FEET TO
THE SOUTHEAST CORNER OF SAID"OFFER OF DEDICATION', SAID POINT BEING ON THE
WESTERLY LINE OF A"PARTNERSHIP GRANT DEED" RECORDED SEPTEMBER 12, 1988, AS
INSTRUMENT NO. 86.125072 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING
ON THE HEREIN ABOVE DESCRIBED LINE,WHICH IS 36.00 FEET, MEASURSO A f RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A";
THENCE SOUTH 300.00 FEET ALONG SAID DEED AND PARALLEL LINE TO THE TRUE POINT OF
BEGINNING
CONTAINING 13,170 SO. FT., MORE OR LESS.
PREPARED BY. THE KEITH COMPANIES
UNDER THE DIRECTION OF:
KATHLEEN SUSAN TETREAULT P.L.S. 7297
MY LICENSE EXPIRES 12/31/2004
May 30,2001
OF C�,�.1 JN: 12983.00.024
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Page l of 1
10/22/01 X10\ 1.1:3.1 FAX 210 236 2700
2006
EXHIBIT 'S
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Paec.L A PaR�S A
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(PRO, C5ED) _
PARKGREST LANE Lz
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1 SE COR.
3 ` PARCE: A
0 P.M. 3,16
SEARING TABLE
01 BEARING ;DISTANCE
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N'LT LINE ARROYO Sitl
INST. NO. °601580
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< tl%q:y ° * The Keith Companies
1,� No.729T Q.
Tn15 P�_AT WAS PREPARED BTU Immc
Q` KATHLEEN SUSAN TE REAULT. PLS 72?7
F � 2955 R� x,71 Avenue. Costa �vrsa. Gf SZ526 �>>� 540-."?L+0
fir+CA�:� � ✓ !�� � 1
�724O��OWG\�RSC0024aW6 DATE: MAY 30, 2001 J06 N0. 1298.3.00.024
10 22 01 XON 14:34 FAX 213 236 2700 0 007
August 31, 2001
Exhibit"C"
Appraisal Summary
PROPERTY LOCATION Situated along the south side of Los Angeles Avenue and west
of Moorpark Avenue in the City of Moorpark, County of
Ventura,Tax Assessor's Parcel Numbers 506-0-050-295 and
420,described on Exhibit"B" attached hereto.
PROPERTY TO BE The fee interest in and to the land and improvements for a
ACQUIRED portion of the property, consisting of approximately 13,170
square feet, as depicted and described on Exhibits"A"and "B"
attached hereto.
PURPOSE OF Roadway widening for Moorpark Avenue and Parkcrest Lane.
ACQUISITION
0%VNER Plaza International
ZONTING CPD
PRESENT USE Vacant
CONTOUR Level, at street grade.
ACCESS Available from Los Angeles Avenue, Moorpark Avenue and
future Parkcrest Lane.
HIGHEST AND BEST USE' Future commercial development.
VALUATION METHOD Sales comparison approach
ESTIMATED PROPERTY $58,900.00---This is the full amount the City of Moorpark
VALUE' believes is just compensation for the Property. This amount is
z "Highest and Best use"means the reasonably probably and legal use of property(vacant land
or an improved property), which is physically possible, appropriately supported, financially
feasible, and that results in the highest value. The four criteria that highest and best use must
meet are legal permissibility,physical possibility, financial feasibility and maximum
profitability.
Based upon fair market value--the fair market value of the property taken is the highest price
1022/01 MON 14:34 F-4-1 213 236 2700 0008
August 31, 2001
not less than the appraised fair market value of the Property and
disregards any increase or decrease in the fair market value
attributable to the City's contemplated purchase and use of the
Property.
DATE OF VALUE March 19, 2001
( . . continued)
on the date of valuation that would be agreed to by a seller,being willing to sell but under no
particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready,willing,
and able to buy but under no particular necessity for so doing, each dealing with the other with
full knowledge of all the uses and purposes for which the property is reasonably adaptable and
available.
758 1 7v I
MOORPARK
0
2 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6200
94
Oq
NOTICE OF HEARING
NOTICE OF HEARING REGARDING THE INTENTION OF
THE CITY OF MOORPARK TO ADOPT A RESOLUTION OF
NECESSITY FOR THE ACQUISITION OF A PORTION OF
APN'S 506-0-050-295 AND 506-0-050-420, CONSISTING OF
APPROXIMATELY 13,170 SQUARE FEET, AND LOCATED
ALONG THE SOUTH SIDE OF LOS ANGELES AVENUE AND
WEST OF MOORPARK AVENUE, IN THE CITY OF
MOORPARK, CALIFORNIA; AS THE SAME IS DESCRIBED
IN EXHIBIT "A", ATTACHED
TO: Plaza International
21777 Ventura Boulevard
Suite 252
Woodland Hills, CA 91364
Attention Stanley and Fred Weiss
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
totals approximately 13,170 square feet and is located along the south side of Los
Angeles Avenue and west of Moorpark Avenue in the City of Moorpark, County of
Ventura, California, and is identified as a portion of APN's 506-0-050-295 and 420, as
the same is described in Exhibit "A", attached.
The hearing will be held on November 7, 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:
1. 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.
ATTACHMENT 2 e00053z
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F MIUJIOUSE JOHN E.WOZNIAK
Mayor Mayor Pro Tem Counalmernber Coundimember Counaimember
NOTICE OF HEARING, Page 2
If you wish to be heard at this hearing, you MUST FILE A WRPTTEN 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.
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 Deborah Traffenstedt at (805) 517-6213.
Deborah S. Traffenstedt `7
Assistant to City Manager/City Clerk
Ql.00 i
NOTICE OF HEARING, Page 3
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION
OF CERTAIN REAL PROPERTY [APN's 506-0-050-295 and 420]
Name Telephone
Address
Date
Signature
.�r
EXHISIT 'A'
THAT PORTION OF PARCEL-A"OF PARCEL MAP NO. 3118, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 29. PAGE
59 ANO 60 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
MORE PARTICULLARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A;THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL"A"WEST 36.00 FEET TO THE INTERSECTION OF SAID
SOUTHERLY LINE WITH A LINE WHICH IS PARALLEL WITH AND 36.00 FEET. MEASURED AT
RIGHT ANGLES, WESTERLY FROM THE EASTERLY LINE OF SAID PARCEL'A", SAID POINT OF
INTERSECTION BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE WEST 179.18 FEET;
THENCE, NORTH 7S"57'50"EAST, 113.58 FEET;
THENCE NORTH 6.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTi••WESTERLY. AND HAVING A RKDIL,3 OF 35.00 PEE'T. A RACAL LINE THROUGH SAID
POINT BEARS NORTH, SAID POINT BEING ON A LINE 34.00 FEET. MEASURED AT RIGHT ANGLES,
NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL'A":
THENCE EASTERLY AND NORTHERLY ALONG SAID CURVE 54.98 FEET THROUGH A CENTRAL
ANGEL OF 90 000'00"TO A POINT ON A LINE BEING 70.00 FEET , MEASURED AT RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A";
THENCE ALONG SAID PARALLEL LINE NORTH 231.00 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL"A"AND THE SOUTHERLY LINE OF THE"NOT A PART"PARCEL AS
SHOWN ON SAID MAP, SAID POINT ALSO BEING THE SOUTHWEST CORNER AN"OFFER OF
DEDICATION". RECORDED NOVEMBER 14, 1995 AS INSTRUMENT NO. 95-141047 OF OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID"OFFER OF DEDICATION'EAST 10.00 FEET TO
THE SOUTHEAST CORNER OF SAID"OFFER OF DEDICATION-, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN AN"OFFER OF DEDICATION
RECORDED JUNE 08, 1994 AS INSTRUMENT NO, 94-098120 OF OFFICIAL RECORDS OF SAID
COUNTY:
THENCE ALONG THE SOUTHERLY LINE OF SAID'OFFER OF DEDICATION' EAST 24 00 FEET TO
THE SOUTHEAST CORNER OF SAID"OFFER OF DEDICATION', SAID POINT BEING ON THE
WESTERLY LINE OF A"PARTNERSHIP GRANT DEED"RECORDED SEPTEMBER 12, 1988, AS
INSTRUMENT NO. 86-125072 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING
ON THE HEREIN ABOVE DESCRIBED LINE.WHICH IS 36.00 FEET, MEASURER A f RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A";
THENCE SOUTH 300.00 FEET ALONG SAID DEED AND PARALLEL LINE TO THE TRUE POINT OF
BEGINNING
CONTAINING 13.170 SO.FT., MORE OR LESS.
PREPARED BY; THE KEITH COMPANIES
UNDER THE DIRECTION OF:
,� %'�• 4_�
�tl;, y # KATHLEEN SUSAN TETREAULT P.L.S.7297
MY LICENSE EXPIRES 12/31/2004
May 30, 2001
OF Cgi,1 JN: 12983.00.024
�.r'Lr► . ,a.
oKE rT1+0103UA12M300&"W,O=r=GALSWW CONDEANATION WeSS*c
Page 1 of 1
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND
DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN
PROPERTY DESCRIBED AS A PORTION OF APN' S 506-
0-050-295 AND 506-0-050-420, CONSISTING OF
APPROXIMATELY 13 , 170 SQUARE FEET, AND LOCATED
ALONG THE SOUTH SIDE OF LOS ANGELES AVENUE
AND WEST OF MOORPARK AVENUE
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE AS FOLLOWS :
SECTION 1 . The City Council, after consideration of the
staff report, staff presentation, discussion, oral testimony and
evidence presented at its November 7, 2001 meeting hereby finds,
determines and declares as follows :
(a) The public interest, convenience and necessity require
the acquisition by City of the fee interest in and to
certain hereinafter described real property for public
purposes; to wit, for road widening purposes for
Moorpark Avenue and Parkcrest Lane, and all uses
appurtenant thereto (the "Project") ; and
(c) The interest in real property to be acquired is the fee
title in the real property described on Exhibit A,
attached hereto and incorporated herein by this
reference ( "Property") . The Property is located within
the City of Moorpark, County of Ventura, State of
California. A map showing the general location of the
Property is attached hereto, marked Exhibit B and
incorporated herein by reference and made a part
hereof; and
(d) The Project is planned and located in a manner that
will be most compatible with the greatest public good
and least private injury in that the roadway widening
is necessary not only for development of the properties
adjacent to the Property, but will also ultimately
service future development of the larger parcel from
which the Property is being acquired; and
(e) The taking of the Property is necessary for the stated
Project and such taking is authorized by Section 19,
Article I of the California Constitution, Sections
37350 . 5 and 40401 et se q. of the California Government
Code, Section 1230 . 010 et seq. , of the California Code
of Civil Procedure, and other applicable law; and
ATTACHMENT 3 fl,0001�1
Resolution No. 2001-
Page 2
(f) The offer to purchase required by California Government
Code Section 7267 .2 has been made to the owners of the
Property.
(g) The necessary notice of hearing on this Resolution has
been given, as required by Code of Civil Procedure
Section 1245 . 235 .
SECTION 2 . The City Council hereby declares that it is its
intention to acquire said Property in accordance with the
provision of the laws of the State of California governing
condemnation procedures .
SECTION 3 . The City Council further finds that if any
portion of the area of the Property has been appropriated to some
public use, the public uses to which it is to be applied by City,
as described above, are more necessary and paramount public uses,
pursuant to Code of Civil Procedure Section 1240 . 610 .
SECTION 4 . The firm of Burke, Williams & Sorensen is
authorized and directed to prepare, institute and prosecute such
proceedings in the proper Court having jurisdiction thereof as
may be necessary for the acquisition of said Property, including
the filing of an application for an Order for Possession prior to
judgment .
SECTION 5 . This Resolution shall be effective immediately
upon its adoption.
SECTION 6 . The Clerk of the City shall certify the adoption
of this Resolution and certify this record to be a full true,
correct copy of the action taken and shall cause a certified
resolution to be filed in the book of original resolutions .
PASSED AND ADOPTED this 7th day of November, 2001 .
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments : Exhibits A and B
EXHIBIT'A'
THAT PORTION OF PARCEL"A"OF PARCEL MAP NO. 3118, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA. STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 28. PAGE
59 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL"A"WEST 36.00 FEET TO THE INTERSECTION OF SAID
SOUTHERLY LINE WITH A LINE WHICH IS PARALLEL WITH AND 36.00 FEET, MEASURED AT
RIGHT ANGLES,WESTERLY FROM THE EASTERLY LINE OF SAID PARCEL'A", SAID POINT OF
INTERSECTION BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE WEST 179.18 FEET;
THENCE, NORTH 75'57'50"EAST, 113.58 FEET;
THENCE NORTH 6.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTH WESTERL'Y. AND HAVING A RADIUS OF 35.00 FEET, A RACAL LINE THROUGH SAID
POINT BEARS NORTH, SAID POINT BEING ON A LINE 34.00 FEET, MEASURED AT RIGHT ANGLES,
NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL"A':
THENCE EASTERLY AND NORTHERLY ALONG SAID CURVE 54.98 FEET THROUGH A CENTRAL
ANGEL OF 90°00'00"TO A POINT ON A LINE BEING 70.00 FEET. MEASURED AT RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A%
THENCE ALONG SAID PARALLEL LINE NORTH 231.00 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID PARCEL"A"AND THE SOUTHERLY LINE OF THE"NOT A PART" PARCEL AS
SHOWN ON SAID MAP, SAID POINT ALSO BEING THE SOUTHWEST CORNER AN"OFFER OF
DEDICATION", RECORDED NOVEMBER 14, 1995 AS INSTRUMENT NO. 95-141047 OF OFFICIAL
RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID"OFFER OF DEDICATION"EAST 10.00 FEET TO
THE SOUTHEAST CORNER OF SAID"OFFER OF DEDICATION", SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN AN"OFFER OF DEDICATION",
RECORDED JUNE 08. 1994 AS INSTRUMENT NO. 94-098120 OF OFFICIAL RECORDS OF SAID
COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID"OFFER OF DEDICATION' EAST 24.00 FEET TO
THE SOUTHEAST CORNER OF SAID*OFFER OF DEDICATION', SAID POINT BEING ON THE
WESTERLY LINE OF A"PARTNERSHIP GRANT DEED" RECORDED SEPTEMBER 12, 1986, AS
INSTRUMENT NO. 86.125072 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING
ON THE HEREIN ABOVE DESCRIBED LINE,WHICH IS 36.00 FEET, MEASURED A f RIGHT ANGLES,
WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL"A";
THENCE SOUTH 300.00 FEET ALONG SAID DEED AND PARALLEL LINE TO THE TRUE POINT OF
BEGINNING
CONTAINING 13,170 SO.FT.,MORE OR LESS.
PREPARED BY. THE KEITH COMPANIES
„�• UNDER THE DIRECTION OF:
tt1;, t KATHLEEN SUSAN TETREAULT P.L.S. 7297
MY LICENSE EXPIRES 12/31/2004
May 30,2001
7F CAL1 JN: 12983.00.824
MEm+01031w?"30Wurm&p%D0ClLEGALSINW CONDEMNATION WEMS doa .-
Page 1 of 1
EXHIBIT 'B'
LOS ANGELES AVE
S'LY LINE uVSr I S'LY LINE iNB
NO. g5-14:Odl. O.R. y0, GA-Cgal2C R.
I
PI-1 e . I E'�Y :NE
115/2G
Q��� L� 7L6 W LY LINE 'N'T_ —
WILY LINE ^� Q np. 36-IZ�G e
fP4�G�L PARCEL A Q �J.17Qs 5Q Fr n
34-
i - I E,'LY _iNE
rl
1 PARCEL A PaRGEI a
L4 V, 36' ISM 43/oI-G4
1
(PROPOSED) - -
..................
PARKGREST LANE f L2
P.O.G.
SE GOR.
O PAZGEL A
P.M, 3118
BEARING TABLE
O BEARING Q15TANGE -0
L11 WEST I 36 >
�M r L2 W T 179.1
:8/2 o L3 N75'57 50"E .5 ' MAJESTIC
L4 NO TM MAC 6.4 D
L51 EA5T 1 10 00' G�t,�' ,1� ,(J0 < COUR�
L6 EA T 24.00' Q p�- ^) �D. r l
URVE TABLE
Q rLTA RADU5 LENGTH
• G7 'OO'00' 33.00' S�.96' Q�
PARCEL 5
PM 43/Gi-G4
N'LY LINE ARROYO SIMI
INST. NO. 48-01580
OY
�C.F O S/M�
�aWrip.;,,q Cd i i;��t��'C-,
���15v��SUSAN r�l ��O
The Keith CQMPGMiee MMC
,-� X10.7297 �
2 T-t1S PLAT WAS PREPARED BY:
KATHLEEN SUSAN�REAULT, PLS 7247 r7r+ 5+G-^3M
1955 Rid Ndl Awnv�. Costa ueio. ..A 92626 J -
1
O�rE: ��1Y 30, 2001 JOa NI. �Z�83.o0.02