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Home My WebLink AboutRES CC 1985 179 1985 0401RESOLUTION NO. 85 -179 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 OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (WW &H PROPERTIES) THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Moorpark does hereby make the following finding: That one of the conditions of approval of the Tentative Maps for Tract Nos. TR- 4374, TR -3855 and TR -3864 requires the subdivider to construct a public street more commonly known as Tierra Rejada Road from said Tracts to Peach Hill Road. SECTION 2. That the City Council of the City of Moorpark does hereby find, determine and declare that: The public interest, convenience and necessity require the acquisition by said City of the fee interest in and to certain hereinafter described real property for public street purposes and all uses appurtenant thereto. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. The taking of the interest in and to said real property as above - described is necessary for the project and is authorized by Section 19, Article I of the California Constitution, Section 37350.5 of the California Government Code and Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. The offer to purchase required by California Government Code Section 7267.2 has been made to the owners of the property to be acquired by the City, and said offer was rejected by the property owners. SECTION 3. That the City Council of the City of Moorpark does hereby declare that it is the intention of said City to acquire said property in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. That said real property hereinabove referred to, the acquisition of which is required by said public interest, convenience, and necessity for the purposes set forth in Section 2 hereof, is located in the City of Moorpark, County of Ventura, State of California. The general location of the property sought to be acquired is shown on Exhibit "1" attached hereto and incorporated herein by reference. SECTION 5. That the City Attorney and the firm of Burke, Williams & Sorensen, as special counsel, are hereby employed and are authorized and directed to prepare, spa institute, and prosecute in the such proceedings in the proper thereof as may be necessary for property described in Section 4 also authorized and directed to granting to said City the right occupancy of said property. name of the City of Moorpark zourt having jurisdiction the acquisition of said real hereof. Said counsels are obtain an Order of Court of immediate possession and SECTION 6. That the Mayor shall sign this Resolution and the City Clerk shall certify to the passage and adoption of this resolution by not less than a four - fifths vote of the City Council of said City, shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of said City Council in the minutes of the meeting at which the same is passed and adopted. SECTION 7. This resolution shall be effective immediately. PASSED AND ADOPTED this day of , 1985. ATTEST: -3- 1 ' L'; _ MAYOR JANUARY 4, 1985 W.0.0163 -0700 A.L. LEGAL DESCRIPTION TIERRA REJADA ROAD AND TEMPORARY EASEMENTS OVER PROPOSED TRACT NO. 3525 THOSE PORTIONS OF SUBDIVISION "M" RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 3, PAGE 7 CP MISCELLANE04.-5 RECORDS, RECORDS -)F SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 2865 -2, RECORDED IN BOOK 84 PAGES 10 TO 16 OF MISCELLANEOUS RECORDS (MAPS), RECORDS OF SAID COUNTY, SAID POINT BEING ALSO IN THE SOUTHERLY RIGHT -OF -WAY LINE OF TIERRA REJADA ROAD (94.00 FEET WIDE) AS SHOWN ON SAID TRACT; THENCE NORTH 8958'41" WEST 340.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,353.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 729'27" AN ARC DISTANCE OF 307.63 FEET TO THE POINT IN A NONTANGENT LINE, A RADIAL LINE TO SAID POINT BEARS NORTH 728'08" WEST; THENCE NORTH 000'09" WEST 94.77 FEET, TO A POINT HEREINAFTER REFERRED TO AS POINT "A ", SAID POINT BEING ALSO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,447.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 710'50" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 712'09" AN ARC DISTANCE OF 307.61 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8958'41" EAST 283.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 27.00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9000'00" AN ARC DISTANCE OF 42.41 FEET; THENCE RADIALLY TO SAID CURVE SOUTH 89 058'41" EAST 30.00 FEET TO THE WESTERLY LINE OF SAID TRACT NO. 2865 -2; THENCE ALONG SAID WESTERLY LINE, SOUTH 001'19" WEST 121.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.42 ACRES. PARCEL 2: A TEMPORARY EASEMENT FOR OFFSITE FILL PURPOSES LAYING WITHIN A PORTION OF SAID SUBDIVISION "M" RANCHO SIMI, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT NORTH 000'09" WEST 68.00 FEET FROM HEREINABOVE MENTIONED POINT "A "; THENCE NORTH 000'09" WEST 307.00 FEET; THENCE NORTH 8959'51" EAST 435.00 FEET; THENCE SOUTH 000'09" EAST 207.00 FEET; THENCE SOUTH 8959'51" WEST 335.00 FEET; THENCE SOUTH 000'09" EAST 126.79 FEET; THENCE NORTH 7500'09" WEST 103.53 FEET TO THE POINT OF BEGINNING. PARCEL 3: A TEMPORARY EASEMENT FOR SLOPE, DRAINAGE AND GRADING PURPOSES LAYING WITHIN A PORTION OF SAID SUBDIVISION "M" RANCHO SIMI, DESCRIBED AS FOLLOWS: EXHIBIT "1" W,W & if BEGINNING AT HEREINABOVE MENTIONED POINT "A "; THENCE NORTH 000'09" WEST 68.00 FEET; THENCE SOUTH 7500'09" EAST 136.50 FEET; THENCE NORTH 8359'08" EAST 157.00 FEET; THENCE SOUTH 8804'40" EAST 328.48 FEET TO THE NORTHERLY LINE OF HEREINABOVE DESCRIBED PARCEL 1; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. PARCEL 4: A TEMPORARY EASEMENT FOR SLOPE, DRAINAGE AND GRADING PURPOSES LAYING WITHIN A PORTION OF SAID SUBDIVISION "Mn RANCHO SIMI, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT SOUTH 000'09" EAST 134.77 FEET FROM HEREINABOVE MENTIONED POINT "A "; THENCE NORTH 000'09" WEST 40.00 FEET TO THE POINT IN THE SOUTHERLY LINE OF HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ALSO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,353.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 347'58" AN ARC DISTANCE OF 156.03 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 3 040'11" WEST; THENCE SOUTH 65047148' WEST 149.34 FEET; THENCE NORTH 7217'17" WEST 20.00 FEET TO THE POINT OF BEGINNING. W, W & H I"L U 1 I U AUGUMI'AN T L LhAL ULSCU I P I I ON SCALE - 1' =100' TleRRA RGJADA ROAD OVER PROPO-5e -D TRACT NO, +5525 Col.. CURVE TABLE NO. (3 0,f" IUS ARC TANGENT N�9_59'Si_T!15_OQ-- Voo,/- 7'12' 9' 307.61 - - - - -- �jL 2 90' 0' 0' ' I i 's. 27.00 3 7.29'27" t2447.00 3.00 307.65 154.05 4 IN ! 7.00 34.33 19.92 PAPtCEL 2 Ia, 10 17. 9'25' 7.00 0 slo Nln Ii:) � 61 3.47'58" nl =In 10 Z () 71 ml o r — — — — — N89'S9'51'F 533-UO 2353.00 151.61 1 o lo+• zl I = I lo� I V � I tll Ivry � 03. Ir 5�• 5e' 41 •L WAD. --�O.0O a I p 4 'Wild PARCEL of ' 1O ,1 N89'z-B'41 "J 283.67' r 7. `r�1NT A• PARCEL I roo 1.42 *c. b ILl W 0 :_ c N�•�e�'v,' 93 489'58'41011 340.67' —; a) �O 472'17 17 W 2Q00' Sw,u CAR.TR. NO. 2665- 2, 54 M.R. 10 -16 - CURVE TABLE NO. DELTA IUS ARC TANGENT 1 7'12' 9' 307.61 154.00 2 90' 0' 0' 7.00 4 .41 27.00 3 7.29'27" t2447.00 3.00 307.65 154.05 4 72.50'35' 7.00 34.33 19.92 5 17. 9'25' 7.00 8.09 4.07 61 3.47'58" 2353-00 156.03 78.05 71 3.41'30' 2353.00 151.61 1 75. R5 A!L WAW M 1 4"004►" V,, k' e H STATE OF CALIFORNIA COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) 1, DORIS D. BANKUS City Clerk of the City of Moorpark, California, do hereby certify iliac the foregoing 1Zesolution No. 85- 179was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 1st day of April , 19 85 , and th,ic the same was adopted by the following vote, to wit: AYES: Councilmembers Weak, Yancy- Sutton, Woolard and Mayor Prieto; NOES: None; ABSENT: Councilmember Ferguson. WITNESS my hand and the official seal of said City this 1st day of April 19 85 C'l "l l' CL1 R K