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HomeMy WebLinkAboutAGENDA REPORT 2005 1102 CC REG ITEM 08DITEM 9 ' Is (, 'dTy OF MOORPARK, CALIFORNIA City Council Meeting of // X - R 00,E A��CT��N�ION:A,, T— DLO BY: ��'h1[�.�� -.✓ MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council ,--(c — FROM: Kenneth C. Gilbert, Director of Public Works DATE: October 20, 2005 (Council Meeting 11 -2 -05) SUBJECT: Hearing Relative to Resolution of Necessity for Acquisition of Certain Interests in Property Known as a Portion of Parcel 1, PM No. LDM 92 -1 (AP No. 512 -0- 180 -080), Located at the Northeast Corner of Spring Road and New Los Angeles Avenue, within the City of Moorpark [McDonald's] OVERVIEW This presents at a hearing, a Resolution of Necessity ( "Resolution "), to initiate eminent domain proceedings for the acquisition of certain fee and Temporary Construction Easement [TCE] interests generally described as being located along the westerly frontage of the commercial property located at the northeast corner of Spring Road and New Los Angeles Avenue, owned by McDonald's Corporation, said properties being required for the construction of a project to widen Spring Road. BACKGROUND The City has caused plans and specifications to be prepared for the construction of a project to widen the east side of Spring Road from a point south of New Los Angeles Avenue, northerly to Flinn Avenue ( "Project "). The property interests to be acquired ( "Interests ") are located within a portion of Parcel 1, PM No. LDM 92 -1 (APN 512 -0 -180 -080) within the City of Moorpark. The legal description and depiction of the Interests are attached as Exhibits "A" and "B" to the draft Resolution, and consist of the following: a. 2583.84 sq. ft. in fee simple absolute. MCD_0510 000098 Right -of -Way Acquisition: McDonald's November 2, 2005 Page 2 b. 1,259.37 sq. ft. for a temporary construction easement (TCE) across and upon the Property located immediately adjacent to and east of fee interests which is being acquired by the City, the effective dates for said TCE being for a period of twelve (12) months commencing upon written notice to be provided by the City subsequent to the award of a construction contract for the Project. The City has worked to acquire the necessary additional street rights -of -way required by the Project from a number of properties located along the east side of Spring Road. The City's intent is to proceed with construction of the Project if and when all necessary street rights -of -ways have been obtained. DISCUSSION A. Facts 1. The current use of the above described properties is for parkway and frontage landscaping. The City's street widening project will reduce the square footage of landscaping along the Spring Road frontage of the commercial parcel. 2. Pursuant to, inter alia, California Government Code sections 6500 et seq., 7267.2, 37350, and 40401 et seq, and California Code of Civil Procedure section 1230.010 et seq. and Section 19, Article I of the California Constitution, the City is authorized to 'acquire the Interests, provided certain procedural steps are followed. a. First, pursuant to Section 7267.2 of the California Government Code, the City must make a written offer to the property owner, based upon an appraisal. The City, through its property services consultant, made an offer on April 7, 2004, to McDonald's Corporation to purchase the Interests. The offer of $55,800.00 to McDonald's Corporation was based upon an appraisal of the Interests, and represents the full amount determine to be just compensation for the Interests. A copy of the letter of offer is attached as Exhibit 1. As of the date of the preparation of this report, the City has not yet received from McDonald's Corporation any notice of acceptance or rejection of the City's offer. b. Due to McDonald "s nonresponse to the offer, it is now necessary that an action in eminent domain be filed to acquire the Interests. Prior to filing the action, the City must hold a hearing on a Resolution, and provide the owner an opportunity to be heard at the hearing, provided the owner has filed a request to be heard in writing with MCD_0510 000099 Right -of -Way Acquisition: McDonald's November 2, 2005 Page 3 the City prior to the hearing. On October 6, 2005, the City mailed a NOTICE OF INTENTION to hold a Condemnation Hearing on November 2, 2005, regarding the proposed acquisition of the Interests. A copy of that Notice is attached as Exhibit 2. The NOTICE OF INTENTION was mailed in accordance with the requirements of State law pertaining to eminent domain proceedings. c. After conducting the public hearing, the City must determine whether the public necessity requires that the City adopt the Resolution authorizing condemnation proceedings regarding the Interests for the purpose described in said Resolution. B. Analysis As to the Findings of the proposed Resolution, City staff has the following comments: 1. PUBLIC INTEREST AND NECESSITY: The present width of Spring Road is less than the design standard for this segment of Spring Road, approved and adopted by the City Council of the City of Moorpark, and is insufficient to adequately accommodate motor vehicle, bicycle, and pedestrian traffic as contemplated by the aforementioned roadway standard. The construction of the proposed project to widen Spring Road in this area, will provide roadway improvements consistent with that design standard, which will be of an adequate width to accommodate the sidewalks, landscape parkways, striped bike lanes, and a raised/ landscaped center median anticipated by the aforesaid street design standard. The Project design also anticipates construction of a second left -turn lane for southbound traffic, which has been deemed to be necessary and appropriate in order to improve traffic flow and reduce traffic congestion at the intersection of Spring Road and New Los Angeles Avenue. 2. PUBLIC GOOD VERSUS PRIVATE INJURY: As discussed above, the Project has been designed and is planned to be constructed in accordance with a design standard approved for this segment of Spring Road, in order to render the width of the improvements adequate to properly accommodate vehicular, bicycle and pedestrian traffic in the vicinity of the project, and in order to improve the aesthetics of the street improvements in this area through the construction of raised, landscaped medians. The decision to acquire the additional property required for the project, from the east side of the street, enables the City to provide for the public benefits to be derived from this project, in a manner which has the least amount of impact to private property, by avoiding the MCD_0510 000-100 Right -of -Way Acquisition: McDonald's November 2, 2005 Page 4 "taking" of a significant portion of the rear yards of a large number of residential properties located on the west side of Spring Road. 3. RIGHTS -OF -WAY ALREADY ACQUIRED: The City has already acquired a number of other right -of -way parcels along the east side of Spring Road, from the following properties: • Scribner /Hotchkiss [512 -0 -172 -075] • Woodcreek Apartments [512 -0- 150 -205] • LA SPRING Center [512 -0 -180 -095] • Park Springs Condos [512 -0- 190 -000] (in escrow). 4 NATURE OF THE PROPERTY TO BE ACQUIRED FROM MCDONALD'S CORPORATION: The property to be acquired is needed in order to provide sufficient width to the street right -of -way for Spring Road to construct the improvements contemplated by the design standard adopted and approved by the City. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the Interests are at an end. STAFF RECOMMENDATION - Roll Call Vote (2 /3rds Affirmative Required) Staff recommends that, subsequent to the acceptance of comments received at the hearing and a review of all relevant facts, the City Council adopt the Resolution of Necessity (Exhibit 3) to initiate eminent domain proceedings to acquire the Interests from McDonald's Corporation. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: MCD_0510 Letter of Offer Notice of Intent Resolution of Necessity 0001 -10 - Sep 30 05 01:36p Hamner, Jewell L Assoc. (805) 658 -8859 p.7 April 7, 2004 HAMNER, JEWELL & ASSOCIATES Government Real[ Estate Services a division of Beacon Integrated Professional Resources, Inc. Main Office: 3639 HARBOR BOULEVARD, SUITE 210 VENTURA, CALIFORNIA 93001 Tel: (805) 658 -8844 Fax: (805) 658 -8859 San Luis Obispo County Office: P. 0. Box 3086, Pismo Beach, California 93448 Tel: (805) 773 -1459 Fax. (805) 773 -2418 ------------------------------------------ - - - - -- -- McDonald's Corporation c /o: Jim Carras 21300 Victory Blvd., #900 Woodland Hills, CA 91367 Subject: City of Moorpark — Spring Street Widening Acq. A.P.# 512 -0 -180 -080 (McDonalds) Dear Jim, Via US Certified Mail Gx. 1 Thank you for meeting with me last summer to discuss the City of Moorpark's plans to widen and improve Spring Road- This is to follow up with our correspondence and to offer on behalf of the City to purchase a portion of the McDonald's Corporation property located 501 New Los Angeles Avenue in Moorpark, California. The City seeks to acquire a 2,620.464 square foot swath, most of which is an approximate 10 feet wide section along the west property line, adjacent to Spring Street, as well as a small swath on the south property line, adjacent to Los Angeles Avenue for the City's Spring Street Widening Project. To ensure that the City offers fair market value for purchasing this portion of McDonald's property an independent appraisal was made of the area. That appraisal considered the highest and best use of the affected property, the size of the land, any of its improvements, and all other factors which affect fair market value. On the attached Appraisal Summary Statement, the Total Compensation figure of $55,800 represents the fair market value of the portion of the property that the City seeks to acquire, as established by the recent independent appraisal, and is the amount of the City's offer to McDonald's Corporation for the purchase of this property. Please note that this figure includes compensation for the property being acquired for the roadway, and for a temporary construction easement immediately adjacent to the area being acquired for the road widening. The City hereby offers to purchase the identified portion of the property and he temporary construction easement for the full fair market value shown on the attached Appraisal Summary Statement, subject to mutual approval of the terms and conditions agreed upon in the Right -of -Way (mornpaddsp ing/mcdonaltts /ollci 000 -0 Sep 30 05 01:37p Hamner, Jewell & Assoc. (805) 658 -8859 p.8 McDonald's Corporation c/o Jim Carras April 7, 2004 Page Two Agreement and further, subject to McDonald's Corporation conveying those interests free and clear of all potentially conflicting liens and encumbrances. The City will pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. This offer is subject to environmental inspection and approval by the City. The purpose of this process will be to attempt to determine whether there is hazardous contamination within, adjacent to, or coming from the 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 corrective or remedial costs, or to withdraw this offer. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. We trust that the McDonald's Corporation will find this purchase offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to assist you in any way I can. If you have any questions regarding this offer, please contact me at (805) 658 -8844. I look forward to receiving your feedback. Sincerely, _i 1 l C%m /(-9 Heather Johnson '•) enclosures: Appraisal Summary Statement Right of Way Agreement Grant Deed Pamphlet "When A Public Agency Acquires Your Property" cc w /o: Kenneth C. Gilbert, Director of Public Works, City of Moorpark (moorparkfsprmg/mcdona lds/offcr 0001_1)3 �- �& . Z MOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 October 6, 2005 McDonald's Corporation 21300 Victory Blvd., #900 Woodland Hills, CA 91367 First Class Mail Re: NOTICE OF INTENTION OF THE CITY OF MOORPARK TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN FEE INTERESTS AND A RELATED TEMPORARY CONSTRUCTION EASEMENT (Portion of Parcel 1 of PM No. LDM 92 -1) ALONG THE WESTERLY PORTION OF PROPERTY OWNED BY THE MCDONALD'S CORPORATION LOCATED AT THE NORTHEAST CORNER OF SPRING ROAD AND NEW LOS ANGELES AVENUE AND IDENTIFIED AS ASSESSOR PARCEL NO. 512 -0- 018 -080 Dear Sirs: YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedures Section 1230.010 et. seg., the City Council of the City of Moorpark intends to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of certain fee and Temporary Construction Easement (TCE) interests across and upon the property owned by McDonald's Corporation. Said interests are described and depicted on Exhibits "A" and "B" attached hereto and incorporated herein by reference. The effective dates for the TCE shall be for a period of twelve (12) months commencing upon written notice to be provided by the City subsequent to the award of a construction contract for the project. The hearing on the Resolution will be held on November 2, 2005, at 7:00 p.m., or as soon thereafter as the City Council can hear said matter, at the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California. YOU ARE FURTHER NOTIFIED that you have the right to appear and be heard on the issues to be considered at the hearing, and to have the City Council of the City of Moorpark give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. The precise, and only issues which will be considered, are as follows: Whether or not the public interest and necessity require the proposed project; 2. Whether or not the proposed project is planned or located in the manner that will be most compatible with the greater public good and the least private injury; 3. Whether or not the property sought to be acquired is necessary for the proposed project; and 000-1-04 0 PATRICK HUNTER CLINT D. HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JANICE S. PARVIN Mayor Mavor Pro Tem Councilmember Councilmember Councilmember Notice of Intent October 6, 2005 Page 2 4. Whether or not the offer required by Government Code Section 7267.2 has been made to the owner or owners of record. 5. Whether or not the City has statutory authority to acquire the property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council of the City at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. 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 days of the mailing of this notice by filing or delivering that written notice to the City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021, telephone (805) 517 -6213 no later than 5:00 p.m. on October 21, 2005. You may use the enclosure for the purpose of notifying the City 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 the City Clerk's Office at Moorpark City Hall. Yours truly, LL� Deborah Traffenstedt City Clerk City of Moorpark Enclosures: Legal Description (w /diagram) of Easements C: The Honorable City Council Steven Kueny, City Manager Joseph Montes, City Attorney Vf(enneth Gilbert, Director of Public Works Heather Johnson, Hamner, Jewell & Associates McDonald's Corp.; Aft: Deborah Voss; 6433 Topanga Canyon Blvd.; #467; Canoga Park, CA 91303 MCD Notice 0510 00®1_iJ Exhibit 'A' (1 or 2) PARCEL A THE LAND REFERRED TO HEREIN, WHICH IS TO BE UTILIZED FOR SPRING ROAD WIDENING, IS DESCRIBED AS FOLLOWS: A WESTERLY 15 -FOOT WIDE STR;P OF PARCEL 1 MAP NO. LDIV1 92 -1, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 53, PAGES 97 AND 98 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 AT A 1 Yz -INCH IRON PIPE (I.P) RCE. 12507, AS SHOWN UPON THE DESCRIBED PARCEL MAP; THENCE FROM SAID POINT OF BEGINNING, 1 ST: EAST 16.28 FEET ALONG THE EXISTING NORTH PROPERTY LINE TO ITS INTERSECTION WITH THE PROPOSED NEW WEST PROPERTY LINE OF SAID PARCEL; THENCE 2 SOUTH 00 000'57" EAST 162.22 FEET, TO ITS INTERSECTION WITH A CURVE; THENCE 3RD: ALONG SAID CURVE WITH ANGLE A =71 °18'26 ", RADIUS R =37.00 FEET, LENGTH L= 46.05' AND, TANGENT T= 26.54', OF SAID PROPOSED NEW WEST PROPERTY LINE; TO THE EXISTING NORTHERLY PROPERTY LINE OF LOS ANGELES AVENUE; THENCE 4T": ALONG SAID EXISTING NORTHERLY PROPERTY LINE OF LOS ANGELES AVENUE NORTH 84 011'12" WEST 7.88' TO THE EXISTING SOUTHWESTERLY PROPERTY LINE OF PARCEL 1; THENCE 5T": NORTH 45 °00'00" WEST 44.72 FEET ALONG EXISTING SOUTHWESTERLY PROPERTY LINE; THENCE 6T": NORTH 99.95 FEET ALONG EXISTING WEST PROPERTY LINE TO ITS INTERSECTION WITH A SOUTHWESTERLY CURVE; THENCE 7T": ALONG SAID CURVE WITH ANGLE A =04 °02'23 ", RADIUS R= 805.00 FEET, LENGTH L =56.76 FEET AND TANGENT T =28.39 FEET, ALONG SAID EXISTING WEST PROPERTY LINE; THENCE 8T": NORTH 18.18 F EET ALONG SAID EXISTING PROPERTY LINE TO THE P OINT O F BEGINNING. THE LAND DESCRIBED ABOVE CONTAINS 2,583.84 SQUARE FEET OR 0.0593 ACRE, THE AFOREMENTIONED CONVEYANCE IS MADE FOR THE PURPOSE OF PUBLIC ROADWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO THE GRANTOR'S REMAINING PROPERTY, IN AND TO SAID SPRING ROAD, A PUBLIC PROPERTY. SIGNATURE: .�L'l"� GLENN C. HAWKS C. P N0. 17100 t * Exp. %3x05 PV1' OF CA 0001J)G P.O.B. - 1 1/2 INCH I.P. RCE 12057 AS SHOWN IN PARCEL MAP NO. LDM 92 -1 BK. 53, PG. 97 & 98 OF MAPS IN THE OFFICE OF VENTURA COUNTY RECORDER. NOTE: 5' SIDEWALK EASEMENT TO THE CITY OF MOORPARK PER PM NO. LDM 92 -1. COURSES 1D EAST 16.28 FEET 2Q SOUTH 00' 00' 57" EAST 162.22 FEET 3O A= 71' 18' 26 ", R = 37'.00', L = 46.05', T = 26.54' ® NORTH 84' 11' 12" WEST 7.88 FEET 5O NORTH 45' 00' 00" WEST 44.72 FEET © NORTH 99.95 FEET 7O A= 04' 02' 23 ", R = 805.00', L = 56.76', T = 28.39' ® NORTH 8.18 FEET 2,583.84 SF OR 0.0593 ACRE PREPARED BY: G% HAWKS A ASSOCIATES CONSULTING CIVI ENCIZERS 2259 PORTOLA ROAD SUITE 8 VENTURA CA. 9JOOJ (805) 658 -6611 54' PARCEL A 2 PM NO. LDM 0 92 -1 Im J6Z/ PARCEL 1 56' 5' (SEE NO TE) AVE AVE NEW LOS ANGELES AVE. LOCATION MAP N.T.S. i LEGEND _Z ® REQUIRED RIGHT -OF -WAY I� a 3 (n 4 NEW LOS ANGELES AVE. 0 50 100 SCALE: 1"=50' JUNE 17, 2003 y r�\ CITY OF MOORPARK RIGHT -OF -WAY REQUIRED FOR SPRING ROAD WIDENING Exhibit 'A' SHEET 2 OF 2 EXHIBIT" 13 (Pg. 1 of 2) LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN, WHICH IS TO BE UTILIZED AS TEMPORARY CONSTRUCTION EASEMENT FOR SPRING ROAD WIDENING, IS DESCRIBED AS FOLLOWS. A WESTERLY 5 -FOOT ± WIDE STRIP OF PARCEL 1 OF PARCEL NIAP NO, LDNI 92- 1, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 53, PAGES 97 AND 98 OF PARCEL NIAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 AT A 1 Yz - INCH IRON PIPE (I.P.) RCE. 12507, AS SHOWN UPON THE DESCRIBED PARCEL NIAP; THENCE FROM SAID POINT OF BEGINNING, 16.28 FEET TO THE TRUE POINT OF BEGINNING (TPOB); THENCE 1ST: EAST 10.00 FEET ALONG THE EXISTING NORTH PROPERTY LINE OF SAID PARCEL; THENCE 2ND: SOUTH 00 °00'57" EAST 10.00 FEET; THENCE 3RD: WEST 5.00 FEET; THENCE 4T": SOUTH 00 °00'57" EAST 152.22 FEET; THENCE 5T": NORTH 89059'02" EAST 5.00' FEET TO ITS INTERSECTION WITH A CURVE; THENCE 6T": ALONG SAID CURVE WITH ANGLE A = 71 018'26 ", RADIUS R= 27.00', LENGTH L= 33.60' AND TANGENT T= 18.37'; THENCE 7T ": SOUTH 18 040'38" WEST 10.00 FEET TO ITS INTERSECTION WITH A CURVE ON THE NEW RIGHT -OF -WAY LINE; THENCE 8T": ALONG SAID CURVE WITH ANGLE 0 = 71 018'26 ", RADIUS R= 37.00', LENGTH L= 46.05' AND TANGENT T= 26.54'; THENCE 9TH: NORTH 00 000'57" WEST 162.22 FEET TO THE TRUE POINT OF BEGINNING. THE LAND DESCRIBED ABOVE CONTAINS 1,259.37 SQUARE FEET OR 0.0289 ACRE. zmasm P.O.B. — 1 112 INCH I.P. RCE 12057 AS SHOWN IN PARCEL MAP NO. LDM 92 -1 BK. 53, PG. 97 & 98 OF MAPS IN THE OFFICE OF VENTURA COUNTY RECORDER. NOTE: 5' SIDEWALK EASEMENT TO THE CITY OF MOORPARK PER PM NO. LDM 92 -1. COURSES 0 EAST 10.00 FEET 2O SOUTH 00' 00' 57" EAST 10.00 FEET 3O WEST 5.00 FEET ® SOUTH 00' 00' 57° EAST 152.22 FEET 5O NORTH 89' 59' 02" EAST 5.00 FEET © 0= 71' 18' 26 ", R = 27.00', L = 33.60', T = 18.37' 7O SOUTH 18' 40' 38" WEST 10.00' ® A= 71- 18' 26', R = 37.00', L = 46.05', T = 26.54' 9O NORTH 00' 00' 57" WEST 162.22 FEET PF PARED UY: HAWKS & ASSOCIATES CONSULTING CML ENCIN£ERS 2259 PORTOLA RL14D SUIT B W,VAURA CA 000 (805) 658 -6611 i 54' 1 0 --� ^10' TPOB 5' 9 f PM NO. LDM 92 -1 Iw I PARCEL 1 AVE. RK 11 PM LD 2� 1° NEW LOS ANGELES AVE. LOCATION MAP 1,259.37 SF OR 0.0289 ACRE NEW LOS ANGELES AVE. o so 100 CITY OF MOORPARK SCALE: 1' -50' TEMPORARY CONSTRUCTION EASEMEWNT FOR SPRING ROAD WIDENING Exhibit 'B' JULY 8, 2003 SHEET 2 OF 2 N.T.S. 5' (SEE NOTE) 5 LEGEND Z / 1 t i' %!- %: REQUIRED RIGHT —OF —WAY E ® TEMPORARY CONSTRUCTION �V) 8 EASEMENT I 7 TPOB TRUE POINT OF ©EGINNING 1,259.37 SF OR 0.0289 ACRE NEW LOS ANGELES AVE. o so 100 CITY OF MOORPARK SCALE: 1' -50' TEMPORARY CONSTRUCTION EASEMEWNT FOR SPRING ROAD WIDENING Exhibit 'B' JULY 8, 2003 SHEET 2 OF 2 Name: Address: Date: REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY AND RELATED TEMPORARY CONSTRUCTION EASEMENT [Portion of Parcel 1 of PM No. LDM 92 -1 (A.P.N. 512 -0- 018 -080)] ALONG THE WESTERLY SIDE OF PROPERTY OWNED BY THE MCDONALD'S CORPORATION LOCATED AT THE NORTHEAST CORNER OF SPRING ROAD AND NEW LOS ANGELES AVENUE Tel. No. Signature 0�1, Exhibit 3 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN FEE AND A TEMPORARY CONSTRUCTION EASEMENT INTERESTS, IDENTIFIED AS A PORTION OF PARCEL 1 OF PARCEL MAP LDM 92 -1 (AP NOS. 512 -0 -180 -080), SAID PARCEL 1 BEING LOCATED AT THE NORTHEAST CORNER OF SPRING ROAD AND NEW LOS ANGELES AVENUE, WITHIN THE CITY OF MOORPARK, CALIFORNIA, FOR PUBLIC USE (MCDONALD'S) WHEREAS, the City wishes to construct a project to widen Spring Road from a point south of New Los Angeles Avenue, northerly to Flinn Avenue ( "Project "); and, WHEREAS, in order to proceed with the construction of the Project, the City requires the acquisition of certain interests in property owned by McDonald's Corporation identified as Parcel 1 of Parcel Map No. LDM 92 -1 (A.P.N. 512 -0- 180 -080) located at the northeast corner of Spring Road and New Los Angeles Avenue within the City of Moorpark ( "Property "); and WHEREAS, the property interests to be acquired from McDonalds Corporation ( "Interests ") consist of approximately 0.089 acres in total area. The legal description and depiction of the Interests are attached as Exhibits `A' and `B' to the draft Resolution, and consist of the following: a. 2,583.84 sq. ft. in fee simple absolute. b. 1,259.37 sq. ft. for a temporary construction easement (TCE) across and upon the Property which is located immediately adjacent to and east of the fee simple interest being acquired by the City, the effective dates for said TCE being for a period of twelve (12) months commencing upon written notice to be provided by the City subsequent to the award of a construction contract for the Project; and 000:111L Resolution No. 2005 - Page 2 WHEREAS, the City made an offer to McDonald's on April 7, 2004, to purchase said Interests for the full amount determined by the City to be just compensation for said Interest; and WHEREAS, said offer of $55,800.00, which was based upon an appraisal of the Interests, represents the full amount determined to be just compensation for the Interests; and WHEREAS, the City has received no official response from McDonald's Corporation regarding acceptance or rejection of said offer; and WHEREAS, the City then notified McDonald's Corporation on October 6, 2005, of a hearing to be held more than fifteen (15) days from the date of said notification, on November 2, 2005, at which time a Resolution of Necessity to acquire the property and the TCE by eminent domain would be considered. WHEREAS, the City Council, at its meeting of November 2, 2005, considered the Agenda Report, staff presentation, discussion, oral testimony and evidence presented with regard to this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Interests in the Property that are the subject of this resolution and are to be taken by the City of Moorpark consist of approximately 0.097 acres in total area, as more particularly described herein and in Exhibits `A' and `B' which are attached hereto and incorporated herein. SECTION 2. The City of Moorpark is authorized to acquire the Interests by eminent domain pursuant to California Government Code sections 6500 et seq., 7267.2, 37350, and 40401 et seq, and California Code of Civil Procedure section 1230.010 et seq. and Section 19, Article I of the California Constitution. 000-J--LA.- Resolution No. 2005 - Page 3 SECTION 3. The public use for which the Interests are to be taken is the widening of the east side of Spring Road in the vicinity of the properties that are subject to this resolution. SECTION 4. The City Council of the City of Moorpark finds and determines and follows: 1. That the public interest and necessity require the proposed Project; 2. That the 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 Interests are necessary for the construction and use of the Project; 4. That the offer to purchase the above described properties 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; and; 5. That all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Interests have been complied with by the City. SECTION 5. If any of the Interests has been previously appropriated to some public use, the public use for which they are taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use pursuant to Code of Civil Procedure sections 1240.510 and 1240.610. SECTION 6. The City Attorney and the firm of Burke, Williams and Sorensen, LLP are hereby authorized and directed to prepare, institute, and prosecute in the name of the City of Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above described properties, including the filing of an application for an order of immediate possession prior to judgment. 000113 Resolution No. 2005 - Page 4 SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The City Clerk shall certify to the adoption of this resolution by a vote of not less than two- thirds of all of the members of the City Council. PASSED AND ADOPTED this 2nd of November, 2005. Patrick Hunter, Mayor ATTESTED: Deborah Traffenstedt, City Clerk Attachments: Exhibits `A' and `B': Legal Descriptions and Depiction of Interests 000_A, i4 Exhibit 'A' (1 of 2) PARCEL A THE LAND REFERRED TO HEREIN, WHICH IS TO BE UTILIZED FOR SPRING ROAD WIDENING, IS DESCRIBED AS FOLLOWS: A WESTERLY 15 -FOOT WIDE STRIP OF PARCEL 1 MAP NO. LDM 92 -1, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 53, PAGES 97 AND 98 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 AT A 1 '/z -INCH IRON PIPE (I.P) RCE. 12507, AS SHOWN UPON THE DESCRIBED PARCEL MAP; THENCE FROM SAID POINT OF BEGINNING, 1sT: EAST 16.28 FEET ALONG THE EXISTING NORTH PROPERTY LINE TO ITS INTERSECTION WITH THE PROPOSED NEW WEST PROPERTY LINE OF SAID PARCEL; THENCE 2 "D: SOUTH 00 000'57" EAST 162.22 FEET TO ITS INTERSECTION WITH A CURVE; THENCE 3RD: ALONG SAID CURVE WITH ANGLE A =71 °18'26 ", RADIUS R =37.00 FEET, LENGTH L= 46.05' AND, TANGENT T= 26.54', OF SAID PROPOSED NEW WEST PROPERTY LINE; TO THE EXISTING NORTHERLY PROPERTY LINE OF LOS ANGELES AVENUE; THENCE 4T": ALONG SAID EXISTING NORTHERLY PROPERTY LINE OF LOS ANGELES AVENUE NORTH 84 011'12" WEST 7.88' TO THE EXISTING SOUTHWESTERLY PROPERTY LINE OF PARCEL 1; THENCE 5T": NORTH 45 000'00" WEST 44.72 FEET ALONG EXISTING SOUTHWESTERLY PROPERTY LINE; THENCE 6T": NORTH 99.95 FEET ALONG EXISTING WEST PROPERTY LINE TO ITS INTERSECTION WITH A SOUTHWESTERLY CURVE; THENCE 7T": ALONG SAID CURVE WITH ANGLE A =04 °02'23 ", RADIUS R= 805.00 FEET, LENGTH L =56.76 FEET AND TANGENT T =28.39 FEET, ALONG SAID EXISTING WEST PROPERTY LINE; THENCE 8T": NORTH 18.18 F EET A LONG S AID EXISTING P ROPERTY LINE T 0 T HE P OINT O F BEGINNING. THE LAND DESCRIBED ABOVE CONTAINS 2,583.84 SQUARE FEET OR 0.0593 ACRE. THE AFOREMENTIONED CONVEYANCE IS MADE FOR THE PURPOSE OF PUBLIC ROADWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO THE GRANTOR'S REMAINING PROPERTY, IN AND TO SAID SPRING ROAD, A PUBLIC PROPERTY. SIGNATURE:', ^� GLENN C. HAWKS 0 �^y r N0. 17100 * Exp. 06-30-05 C1V1� � CA O10 Os_ 5 P.O.B. — 1 1/2 INCH I.P. RCE 12057 AS SHOWN IN PARCEL MAP NO. LDM 92 -1 BK. 53, PG. 97 & 98 OF MAPS IN THE OFFICE OF VENTURA COUNTY RECORDER. NOTE: 5' SIDEWALK EASEMENT TO THE CITY OF MOORPARK PER PM NO. LDM 92 -1. COURSES 1Q EAST 16.28 FEET 20 SOUTH 00' 00' 57" EAST 162.22 FEET 3O 0= 71' 18' 26 ', R = 37'.00', L = 46.05', T = 26.54' ® NORTH 84' 11' 12" WEST 7.88 FEET 5O NORTH 45' 00' 00" WEST 44.72 FEET © NORTH 99.95 FEET 70 A= 04' 02' 23 ", R = 805.00', L = 56.76', T = 28.39' ® NORTH 8.18 FEET 2,583.84 SF OR 0.0593 ACRE PREPARED BY: HA WKS A ASSOCIATES CONSULTING CINL ENGINEERS 2259 PORTOLA ROAD SUITE 8 VENTURA, CA. 9JOOJ (805) 658 -6611 54' IQ 10 Iaf 56' i Z I� iU) NEW LOS PARCEL A PM NO. LDM 92 -1 PARCEL 1 5' (SEE NO TE) ANGELES AVE. 0 50 100 SCALE: 1"=50' JUNE 17,2003 I ` • XLES AVE. LOCATION MAP N.T.S. LEGEND ® REQUIRED RIGHT —OF —WAY CITY OF MOORPARK RIGHT -OF -WAY REQUIRED FOR SPRING ROAD WIDENING Exhibit 'A' SHEET 2 OF 2 XilT (Pg. 1 of 2) LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN, WHICH IS TO BE UTILIZED AS TEMPORARY CONSTRUCTION EASEMENT FOR SPRING ROAD WIDENING, IS DESCRIBED AS FOLLOWS. A WESTERLY 5 -FOOT + WIDE STRIP OF PARCEL 1 OF PARCEL MAP NO. LDNI 92- 1, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 53, PAGES 97 AND 98 OF PARCEL MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 AT A 1 Yz - INCH IRON PIPE (I.P.) RCE. 12507, AS SHOWN UPON THE DESCRIBED PARCEL NIAP; THENCE FROM SAID POINT OF BEGINNING, 16.28 FEET TO THE TRUE POINT OF BEGINNING (TPOB); THENCE 1ST: EAST 10.00 FEET ALONG THE EXISTING NORTH PROPERTY LINE OF SAID PARCEL; THENCE 2ND: SOUTH 00 000'57" EAST 10.00 FEET; THENCE 3RD: WEST 5.00 FEET; THENCE 4T ": SOUTH 00 000'57" EAST 152.22 FEET; THENCE 5T": NORTH 89"59'02" EAST 5.00' FEET TO ITS INTERSECTION WITH A CURVE; THENCE 6T": ALONG SAID CURVE WITH ANGLE A = 71 018'26 ", RADIUS R= 27.00', LENGTH L= 33.60' AND TANGENT T= 18.37'; THENCE 7T": SOUTH 18 040'38" WEST 10.00 FEET TO ITS INTERSECTION WITH A CURVE ON THE NEW RIGHT -OF -WAY LINE; THENCE 8T": ALONG SAID CURVE WITH ANGLE A = 71 °18'26 ", RADIUS R= 37.00', LENGTH L= 46.05' AND TANGENT T= 26.54'; THENCE 9T": NORTH 00 °00'57" WEST 162.22 FEET TO THE TRUE POINT OF BEGINNING. THE LAND DESCRIBED ABOVE CONTAINS 1,259.37 SQUARE FEET OR 0.0289 ACRE. 000-.4A.:1 - P.O.B. — 1 112 INCH I.P. RCE 12057 AS SHOWN IN PARCEL MAP NO. LDM 92 -1 8K. 53, PG. 97 & 98 OF MAPS IN THE OFFICE OF VENTURA COUNTY RECORDER. NOTE: 5' SIDEWALK EASEMENT TO THE CITY OF MOORPARK PER PM NO. LDM 92 -1. COURSES O EAST 10.00 FEET 2O SOUTH 00' 00' 57" EAST 10.00 FEET 3O WEST 5.00 FEET ® SOUTH 00' 00' 57° EAST 152.22 FEET 5O NORTH 89' 59' 02" EAST 5.00 FEET © 0= 71' 18' 26 ", R = 27.00', L = 33.60', T = 18.37' 7� SOUTH 18' 40' 38" WEST 10.00' ® A= 71' 18' 26', R = 37.00', L = 46.05', T = 26.54' 90 NORTH 00' 00' 57" WEST 162.22 FEET P5PARED BY: 0 4i HAWKS A ASSOCIA TES CONSULTING CML ENGINEERS 2259 PORTOL4 R0140 SUITE 9 1&NTURJ CA 9JOOJ (805) 6M-6611 i 54' 1 1 0 I ITPOB 'I,! 3 I 9 PM NO. LDM 92 -1 10 I af PARCEL 1 56' 5' (SEE NO TE) 1 O i' 6 Z I / �0 I� �� 8 NEW LOS ANGELES AVE. u.WL_ AV[, R OORP-ARK- rs 1� -' PIA LD f --- 1e I NEW LOS JANGELES AVE. LOCATION MAP N.T.S. LEGEND REQUIRED RIGHT —OF —WAY ® TEMPORARY CONSTRUCTION EASEMENT TPOB TRUE POINT OF BEGINNING 1,259.37 SF OR 0.0289 ACRE 0 5 0 100 CITY OF MOORPARK SCALE: 1 " =50' TEMPORARY CONSTRUCTION EASEMEWNT FOR SPRING ROAD WIDENING Exhibit 'B' JULY 8, 2003 SHEET 2 OF 2