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Home My WebLink AboutRES CC 1985 180 1985 0401RESOLUTION NO. 85- 180 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 (MEYERS /BOARDMAN) 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, -2- institute, and prosecute in the name of the City of Moorpark such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of said real property described in Section 4 hereof. Said counsels are also authorized and directed to obtain an Order of Court granting to said City the right of immediate possession and occupancy of said property. 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 14--t day of , 1985. ATTEST: am MAYOR JANUARY 4, 1985 W.O. #163 -0700 A.L. LEGAL DESCRIPTION FOR TIERRA REJADA ROAD AND TEMPORARY EASEMENTS OVER PROPOSED TRACT NO. 3019 THOSE PORTIONS OF SUBDIVISION "Mn RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT DISTANT NORTH 8957'14" EAST 190.00 FEET FROM THE SOUTHEASTERLY CORNER OF TRACT NO. 3274 -4, RECORDED IN BOOK 96, PAGES 19 TO 24 INCLUSIVE OF MISCELLANEOUS RECORDS (MAPS), RECORDS OF SAID COUNTY, SAID POINT BEING ALSO IN THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 1933, PAGE 408 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 002'46" WEST 47.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE LEAVING SAID EASTERLY LINE NORTH 8957'14" EAST 529.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2,353.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 036'58" AN ARC DISTANCE OF 312.78 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2 447.00 FEET, A RADIAL BEARING TO SAID BEGINNING BEARS SOUTH 7639'44" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 028'54" AN ARC DISTANCE OF 20.58 FEET TO A POINT IN A NONTANGENT LINE,A RADIAL LINE TO SAID POINT BEARS NORTH 710'50" WEST; THENCE SOUTH 000'09" EAST 94.77 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT -B -, SAID POINT BEING ALSO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,353.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 728'08" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 011'36" AN ARC DISTANCE OF 7.94 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,447.00 FEET, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 7 039'44" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 736'58" AN ARC DISTANCE OF 325.28 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8957'14" WEST 245.02 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C "; THENCE SOUTH 8957'14" WEST 284.50 FEET TO THE HEREINBEFORE MENTIONED EASTERLY LINE; THENCE ALONG SAID EASTERLY LINE NORTH 0002'46" WEST 47.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.86 ACRES. PARCEL 2: A TEMPORARY EASEMENT FOR OFFSITE FILL PURPOSES LAYING WITHIN A PORTION OF SAID SUBDIVISION "M" RANCHO SIMI, DESCRIBED AS FOLLOWS: EXHIBIT—"!" MEYER,/ BOARDYAN BEGINNING AT A POINT DISTANT NORTH 002'46" WEST 120.00 FEET FROM HEREINABOVE MENTIONED POINT "A ", THENCE NORTH 002'46" WEST 252.00 FEET, THENCE NORTH 8957'14" EAST 387.00 FEET; THENCE SOUTH 002'46" EAST 205.00 FEET; THENCE SOUTH 8957'14" WEST 278.00 FEET; THENCE SOUTH 44057'14" WEST 41.01 FEET; THENCE SOUTH 002'46" EAST 123.00 FEET; THENCE SOUTH 8957'14" WEST 65.00 FEET; THENCE NORTH 002'46" WEST 105.00 FEET; THENCE SOUTH 89 057'14" WEST 15.00 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: :'-'GIP_..NG AT HEREIN -30VE MENTIONED PO.:; T "A "; THENCE NORTH 0°02'`x." WEST 120.00 FEET; THENCE NORTH 8957'14" EAST 15.00 FEET; THENCE SOUTH 002'46" EAST 105.00 FEET; THENCE NORTH 8957'14" EAST 177.00 FEET; THENCE NORTH 357'14" EAST 90.00 FEET; THENCE SOUTH 8602'46" EAST 20.00 FEET; THENCE SOUTH 357114" WEST 88.60 FEET; THENCE NORTH 8657'14" EAST 136.50 FEET; THENCE NORTH 8926'54" EAST 346.60 FEET; THENCE NORTH 5459'51" EAST 140.00 FEET; THENCE SOUTH 7500'09" EAST 54.00 FEET; THENCE SOUTH 000'09" EAST 68.00 FEET TO THE POINT IN THE NORTHERLY LINE OF HEREINABOVE DESCRIBED PARCEL 1; THENCE 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 "M" RANCHO SIMI, DESCRIBED AS FOLLOWS: BEGINNING AT HEREINABOVE MENTIONED POINT "B ", SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF HEREINABOVE DESCRIBED PARCEL 1; THENCE SOUTH 000'09" EAST 40.00 FEET; THENCE NORTH 7217'17" WEST 95.91 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNIING. PARCEL 5: A TEMPORARY EASEMENT FOR SLOPE, DRAINAGE AND GRADING PURPOSES LAYING WITHIN A PORTION OF SAID SUBDIVISION "M" RANCHO SIMI, DESCRIBED AS FOLLOWS: BEGINNING AT HEREINABOVE MENTIONED POINT "C "; THENCE SOUTH 5557'14" WEST 90.00 FEET; THENCE SOUTH 8013'02" WEST 39.46 FEET; THENCE NORTH 002'46" WEST 57.00 FEET TO THE SOUTHERLY LINE OF HEREINABOVE DESCRIBED PARCEL 1; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. MEYER /BOARDMAN PLOT TO ACCOMPANY LEGAL DESCRIPTION SC AL F - ' 100' TIE RRA RE. JA.DA ROAD OVLLR PRpt pggD Tjt, NO. Cc! POINT ` B +•, T• 29'06 "W RaD 'TANGENT 1 - - - -- 3.65 V 6o•ooOq•E x68.00' ; �7' . 21 8h. r 2447-00 20.06 10.44 S 7 36'58" 2447.00 325.26 162-ft 41 0'11 -36" 2353.00 7.14 3.97 51 1.58'06" 2447 00 • \` I N I I I of O .I 0 -t �0 _ V� = o I I I l_ w `Ir 1i .-POINT •C. Ir N I 6 a V y of N IW — • \'OO. C rs7 w•e� l u � lz O O p to z z- N d �, of , I ol0 cIrl- oroiuJ•$� ,I I I ll d)4 NOS n 00, I I NEq•sl'ul•G L--- 0 16.00 NQ0 3Z:O6_W y ` - -�5�' N0� �' 46'� -L o- 3f2 00' M, ILO. N E'LY LINE 1933 O.R. 40C�-'-" CURVE TABLE 40. 1 DELTA RADIUS ARC 'TANGENT 1 I '' SG • SS 2353. 00 312-16 156.r t 21 3-26-54- 2447-00 20.06 10.44 S 7 36'58" 2447.00 325.26 162-ft 41 0'11 -36" 2353.00 7.14 3.97 51 1.58'06" 2447 00 84.06 42.04 MEY ER / BOA RDPIAN i 81 8 01dN r el lu z ( JOR llxm aw a a.wauea Wes+ �.��..M �........�..._._ 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 that the foregoing Resolution No. 85 -180 was 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 that 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 . CI "1'1' CLLR K --