HomeMy WebLinkAboutRES CC 1987 381 1987 0415RESOLUTION NO. 87 -381
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK FINDING AND DETERMINING
THAT THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR STREET PURPOSES
AND ALL USES APPURTENANT THERETO (TIERRA
REJADA ROAD)
THE CITY OF MOORPARK ( "CITY ") DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. City hereby determines and resolves
that on April 1, 1987, after fifteen days written notice to
the owners of the property described hereafter, as they
appeared on the last equalized County assessment tax roll, a
public hearing was held for the purpose of allowing the
owners thereof a reasonable opportunity to be heard on the
following matters:
(a) Whether the public interest or necessity
requires the project;
(b) Whether the project is planned or located in a
manner which is most compatible with the greatest public
good and the least private injury; and
(c) Whether the property proposed to be acquired
is necessary for the project.
The City of Moorpark, as a result of said hearing, has
determined that the public interest, necessity, health,
safety and welfare require the acquisition by the City of
that certain parcel of real property situated in the City of
Moorpark, County of Ventura, State of California, and more
particularly described in Exhibits "A" and "B" attached
hereto and incorporated herein by reference and made a part
hereof as though fully set forth herein (hereinafter
"Property "), for the public purposes hereafter set forth. A
map showing the general location of the property sought to
be acquired is marked as Exhibits "C" and "D " and attached
hereto and incorporated by reference and made a part hereof
as if set forth in full herein.
SECTION 2. This City hereby finds, determines and
declares that the public interest, convenience and necessity
require the acquisition by said City of the fee simple title
in and to said property for the purpose of public street
purposes in the manner shown on Exhibit "A" and the
RESOLUTION NO. 87-381
PAGE 2
acquisition by City of easement interests including slope
easements , sewer easements, access easements and temporary
construction easements as shown on Exhibit "B" attached
hereto. The location of said project is planned in a manner
which will be most compatible with the greatest public good
and the least private injury. The taking of the interest in
said property as above described is necessary to such
project , and is authorized by Section 19 of Article I of the
California Constitution, Section 37350 . 5 , 37351 , 37353 and
40404 of the California Government Code , and Section
1245 . 235 of the California Code of Civil Procedure and other
applicable law.
SECTION 3 . This City hereby declares that it is
the intention of the City of Moorpark to acquire in its name
in accordance with the provisions of the laws of the State
of California with reference to condemnation procedures the
interest in and to said property as more particularly
described in Exhibits "A" , "B" , "C" and "D" . City has made
an offer to acquire said property as required by Section
7267 . 2 of the Government Code of the State of California .
SECTION 4 . Said property is located within the
City of Moorpark, County of Ventura , State of California,
and is more particularly described in Section 1 hereof .
SECTION 5 . The City of Moorpark is authorized to
acquire by eminent domain as provided in the California Code
of Civil Procedure.
SECTION 6 . The City Attorney and the law firm of
Burke, Williams & Sorensen are hereby authorized and
directed to prepare, institute and prosecute in the name of
the City such proceedings , in the proper court having
jurisdiction thereof , as may be necessary for the
acquisition of the interest in said property. Said Counsel
is also authorized and directed to obtain a necessary order
of immediate possession and occupancy of said property .
APPROVED AND ADOPTED this 15th day of April
1987 . ------
Mayor
ATTEST:
�09
City Clerk c!;1`,`;\ i
EXHIBIT "A"
TIERRA REJADA ROAD
Parcel 1 - Right- of -Wav
That certain parcel of land situated in the County of Ventura, State of
California being those portions of Subdivision "L" as per map entitled
"Map of the Lands of Rancho Simi in Ventura and Los Angeles Counties, -
California" and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont Tract as
per map recorded in Book 3, Page 39 of Maps, in the office of the County
Recorder of Ventura County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of the Easterly
line of Tierra Rejada Road, 94 feet wide, as shown on the Map of Tract
No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous Records
(Maps), in the office of the County Recorder of Ventura County with a
line parallel with and distant Southerly 155.00 feet from the Northerly line
of that portion of a strip of land, 155.00 feet wide, described as having a
bearing of North 89° 29' 56" West, and a length of 2,345.45 feet as de-
scribed and designated as a portion of Parcel 1 in the deed to Southern
California Edison Company, recorded November 24, 1964 in Book 267.7,
Page 169, of Official Records, in the office of the County Recorder of
said County; thence along said Southerly prolongation Southerly 467.32
feet to the Northwesterly line of the strip of land, 50 feet wide, de-
scribed in the deed to Southern California Edison Company, recorded No-
vember 30, 1967 in Book 1933, Page 408 of Official Records in the office
of the County Recorder of said County; thence along said Northwesterly
line Southwesterly 109.88 feet to the Southerly prolongation of the West-
erly line of said Tierra Rejada Road, 94.00 feet wide; thence along said
prolongation Northerly 524.28 feet to said parallel line, hereinabove
described as being distant Southerly 155.00 feet from the Northerly line
of that portion of a strip of land, 155.00 feet wide; thence along said
parallel line Easterly 94.00 feet to the point of beginning.
Subject to covenants, conditions, restrictions, reservations, rights,
rights -of -way, and easements, if any, of record.
i
11/13/85
JN 50991 /John E. Rcberts;_/JF., LS 3233
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EXHIBIT "B"
Parcel 2 - Slooe Easement
That certain parcel of land situated in the County of Ventura, State of
California being those portions of Subdivision "L" as per map entitled
"Map of the Lands of Rancho Simi in Ventura and Los Anaeles Counties,
California" and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont Tract as
per map recorded in Book 3, Page 39 of Maps, in the office of the County
Recorder of Ventura County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of the Easterly
line of Tierra Rejada Road, 94 feet wide, as shown on the Map of Tract
No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous Records
(Maps), in the office of the County Recorder of Ventura County with a
line parallel with and distant Southerly 155.00 feet from the Northerly line
of that portion of a strip of land, 155.00 feet wide, described as having a
bearing of North 89° 29' 56" West, and a length of 2,345.45 feet as de-
scribed and designated as a portion of Parcel 1 in the deed to Southern
California Edison Company, recorded November 24, 1964 in Book 2677,
Page 169, of Official Records, in the office of the County Recorder of
said County; thence along said Southerly prolongation South 00 24' 41"'
West, 29.00 feet to the True Point of Beginning; thence, leaving said
Southerly prolongation, South 19° 01' 43" East 36.06 feet; thence South
4° 32' 39" East, 173.65 feet; thence South 2° 49' 20" East, 128.29 i
thence South 43° 36' 11" East, 44.9 0 feet;
8 feet; thence South 30 46' 36" East,
26.73 feet to the Northwesterly line of the strip of land, 50 feet wide
described in the deed to Southern California Edison Company, recorded
November 30, 1960 in Book 1933, Page 408 of Official Records in the
office of the County Recorder of said County; thence aiong said
northwesterly line South 59° 13' 24" West, 92.73 feet to said Sou heriy
prolongation; thence along said Southerly prolongation North 01 7" 41 "
East, 438.32 feet to the True Point of Beginning.
Subject to covenants, conditions, restrictions,
rights -of -way, and easements, if any, of record.
4/23/8 6
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Parcel 3 - Slope Easement
That certain parcel of land situated in the County of Ventura, State of
California being those portions of Subdivision "L" as per map entitled
"Map of the Lands of Rancho Simi in Ventura and Los Angeles Counties,
California" and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont Tract as
per map recorded in Book 3, Page 39 of Maps, in the office of the County
Recorder of Ventura County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of the Wester-
ly line of Tierra Rejada Road, 94 feet wide, as shown on the Map of
Tract No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous
Records ( ?�1aps), in the office of the County Recorder of Ventura 'Coun"r
with a line parallel with and distant Southerly 155.00 feet from the
Northerly line of that portion of a strip of land, 155.00 feet wide,
described as having a bearing of North 89° 29' 56" West, and a length of
2,345.45 feet as described and designated as a portion of Parcel 1 in the
deed to Southern California Edison Company, recorded November 24, 1964
in Book 2677, Page 169, of Official Records, in the office of the County
Recorder of said County; thence along said Southerly prolongation South
0° 24' 41" West, 113.00 feet to the True Point of Beginning; thence,
leaving said Southerly prolongation, South 8° 44' 45" West, 158.68 feet;
thence South 5° 33' 04" West, 142.86 feet; thence South 30° 47' 26" West,
121.03 feet; thence South 2° 42' 17" West 68.00 feet to the Northwesterly
line of the strip of land, 50.00 feet wide, described in the deed to
Southern California Edison Company, recorded November 30, 1960 in Book
1923, Page 408 of Official Records in the office of the County Recorder of
said County; thence along said Northwesteriy line North 59° 13' 24" East,
116.58 feet to said Southerly prolongation; thence aiong said Southerly
prolongation North 0° 24' 41" East, 411.28 feet to the True Point of
Beginning.
Subject to covenants, conditions, restrictions, re r'I6ti Jr Cs
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rights -of -way, and easements, if any, of record. Sd. C��
% N o. 415 3
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James B. Sacser,-L.
4/23/86 '
J. N. 50991 .
3
Parcel 4 - Temporary Construction Easement
That certain strip of land, 10 feet wide, situated in the County of Ven-
tura, State of California being those portions of Subdivision "L" as per
map entitled "Map of the Lands of Rancho Simi in Ventura and Los
Angeles Counties, California" and recorded in Book 3, Page 7 of Maps in
the office of the County Recorder of Ventura County, and of Lot 37 of
Fremont Tract as per map recorded in Book 3, Page 39 of Maps, in the
office of the County Recorder of Ventura County, the Westerly line of
said strip of land is described as follows:
Beginning at the intersection of the Southerly prolongation of the Easterly
line of Tierra Rejada Road, 94 feet wide, as shown on the Map of Tract
No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous Records
(".1aps), in the office of the County Recorder of Ventura County with a
line parallel with and distant Southerly 155.00 feet from the Northerly line
of that portion of a strip of land, 155.00 feet wide, described as having a
bearing of North 89° 29' 56" West, and a length of 2,345.45 feet as de-
scribed and designated as a portion of Parcel 1 in the deed to Southern
California Edison Company, recorded November 24, 1964 in Book 2677,
Pace 169, of Official Records, in the office of the County Recorder of
said County; thence along said Southerly prolongation South 0° 24' 41"
West, 29.00 feet to the True Point_of Beginning; thence, leaving said
Southerly prolongation, South 19° 01' 43" East 36.06 feet; thence South
4° 32' 29"-East , 173.65 feet; thence South 2° 49' 20" East, 128.29 feet;
thence South 43° 36' 11" East, 44.98 feet; thence South 30° 46' 36" East,
26.73 feet to the Northwesterly line of the strip of land, 50 feet wide,
described in the deed to Southern California Edison Company, recorded
November 30, 1960 in Book 1933, Page 408 of Official Records in the
office of the County Recorder of said County.
The sideline of said strip of land, 10 feet wide, is to be prolonged or
shortened to terminate Northerly in said Southerly prolongation and
Southerly in said Northwesterly line..
Subject to covenants, conditions, restrictions, reservati -, _ ^hts,
ricnts -of -way, and easements, if any, or record.
l
SAUER C
James B. Satter, 4453
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4/23/86 fatq o �
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J. N . 50991 of Ca. 1�
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Parcel 5 - Temporary Construction Easement
That certain strip of land, 10 feet wide, situated in the County of Ven-
tura, State of California being those portions of Subdivision "L" as per
map entitled "41ap of the Lands of Rancho Simi in Ventura and Los
Angeles Counties, California" and recorded in Book 3, Page 7 of Maps in
the office of the County Recorder of Ventura County, and of Lot 37 of
Fremont Tract as per map recorded in Book 3, Page 39 of Maps, in the
office of the County Recorder of Ventura County, the Easterly line of
said strip of land is described as follows:
Beginning at the intersection of the Southerly prolongation of the Wester-
ly line of Tierra Rejada Road, 94 feet wide, as shown on the 'ti1ap of
Tract No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous
Records (Maps), in the office of the County Recorder of Ventura County
with a line parallel with and distant Southerly 155.00 feet from the
Northerly line of that portion of a strip of land, 155.00 feet wide,
described as having a bearing of No-rth 89° 29' 56" West, and a length of
2,345.45 feet as described and designated as a portion of Parcel 1 in the
deed to Southern California Edison Company, recorded November 24, 1964
in Book 2677, Pace 169, of Official Records, in the office of the County
Recorder of said County; thence along said Southerly prolongation South
0° 24' 41" West, 113.00 feet to the True Point of Beginning; thence,
leaving said Southerly prolongation, South 8° 44' 45" West, 158.68 feet;
thence South 5° 33' 04" West, 142.86 feet; thence South 30° 47' 26" West,
121.03 feat; thence South 2° 42' 17" West 68.00 feet to the Northwesterly
line of the strip of land, 50.00 feet wide, described in the deed to
Southern California Edison Company, recorded November 30, 1900 in Book
1933, Pace 408 of Official Records in the office of the County Recorder of
said County.
The sideiine of said stria of lard,
shortened to terminate Northerly
Southerly in said Northwesterly line.
10 feet wide, is to be proionced or
in said Southerly prolongation and
Su�_-ject to covenants, conditions, restrictions, reserv-
rights -of -way, and easements, if any, of record. �-,�` J
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4/23/86
J.N. 50991
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James B. Sauer,
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Parcel 10 - Access Road Easement
That certain parcel of land situated in the County of Ventura, State of
California being those portions of Subdivision "L" as per map entitled
"Map of the Lands of Rancho Simi in Ventura and Los Angeles Counties,
California" and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont Tract as
per map recorded in Book 3, Page 39 of Maps, in the office of the County
Recorder of Ventura County, described as a whole as follows:
Beginning at the intersection of the Easterly line of Tierra Rejada Road,
94.00 feet wide, as shown on the Map of Tract No. 2817 -2 recorded in
Book 83, Pages 59 and 60 of Miscellaneous Records (Maps) in the office of
said County Recorder, with the Northerly line of that portion of a strip
of land, 155.00 feet wide, described as having a bearing of North 890 29'
56" West, and a . length of 2,345.45 feet as described and designated as a
portion of Parcel 1 in the deed to Southern California Edison Company,
recorded November 24, 1964 in Book 2677, Page 169, of Official Records
in the office of said County Recorder; thence South 00° 24' 41" West
570.82 feet along said Easterly line and its Southerly prolongation to a
point on a nontangent curve concave to the Southwest having a radius of
110.00 feet, and to which point a radial line bears North 13° 01' 25" East,
said point being the True Point of Beginning; thence Southeasterly 52.72
feet along said curve through a central angle of 27° 27' 38" to the
Northwesterly line of the strip of land, 50 feet wide, described in deed to
Southern California Edison Company, recorded November 30, 1960 in Book
1933, Page 408 of Official Records in the office of said County Recorder;
thence South 59° 13' 24" West 17.90 feet along said Northwesterly line to
a point in a nontangent curve concave to the Southwest having a radius
of 60.00 feet and to which point a radial line bears North 24° 48' 07"
East; thence Northwesterly 32.26 feet along said curve through a central
angle of 300 48' 33" to the Southerly prolongation of said Easterly line;
thence North 000 24' 41" East 27.46 feet along said Southerly prolongation
to the True Point of Beginning.
Subject to covenants, conditions, reservations, restrictions, rights,
rights -of -way, and easements, if any, of record.
k-AN D SV�
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.dames Sauer, L.S. 4453
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03/23/87
J. N. 50991 L/
�OF CA00
Parcel 12 - Access Road Easement
That certain parcel of land situated in the County of
Ventura, State of California being those portions of
Subdivision "L" as per map entitled "Map of the Lands of
Rancho Simi in Ventura and Los Angeles Counties, California"
and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont
Tract as per map recorded in Book 3, Page 39 of Maps, in the
office of the County Recorder of Ventura County, described
as a whole as follows:
Beginning at the intersecticn of the '�vesterly line of Tierra
Re=ada Road, 94.00 feet wide, as shown c- the biap of Tract
No. 2817 -2 recorded in Book 83, Pages 59 and 60 of
Miscellaneous Records (Maps) in the office of said County
Recorder, with the Northerly line of that portion of a strip
of lard, 155.00 feet wide, described as :saving a bearing of
North 89 29' 56" West, and a length of 2,345.45 feet as
described and designated as a portion of Parcel l in the
deed to Southern California Edison Company, recorded
November 24, 1964 in Book 2677, Page 169, of Official
Records in the office of said County Recorder; thence South
00 24' 41" West 679.28 feet along said Westerly line and
its Southerly prolongation to a point in the Northwesterly
lie of the strip of land, 50 feet wide, described in the
deed to Southern California Edison Company, recorded
November 30, 1960 in Book 1933, Page 408 of Official Records
in the office of said County Recorder; thence along said
Northwesterly line South 59 13' 24" Wes: 35.74 feet to the
Tr-..:e Point of Beginning; thence continuing along said
Northwesterly line South 59 13' 24" West 28.58 feet; thence
Ncrth 11 51' 17" east 21.16 feet to the beginning of a
curve concave to the Southeast having a radius of 59.00
feet; thence Northeasterly 73.88 feet along said curve
th=ough a central angle of 71 44' 34'x' to the Southerly
prolongation of said Westerly line; thence South 00 24' 41"
west 30.17 feet along said Southerly pro' longation to a point
in a non- tangent curve concave to the Southeast having a
radius of 42.00 feet and to which point a radial line
be`rs North 9 10' 58" West; thence Soutr.resterly 39.49 feet
along said curve through a central angle of 53 52' 19" to
the True Point of Beginning.
Subject to covenants, conditions, reservations,
restrictions, rights, right -of -way, and easements, if any,
of record.
e cf, �r �� /.J
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Sewer Easement
An easement for sewer purposes over, under, along, across, and through
that certain strip of land, 15 feet wide, in the County of Ventura, State
of California being those portions of Subdivision "L" as per map entitled
"Map of the Lands of Rancho Simi in Ventura and Los Angeles Counties,
California" and recorded in Book 3, Page 7 of Maps in the office of the
County Recorder of Ventura County, and of Lot 37 of Fremont Tract as
per map recorded in Book 3, Page 39 of Maps, in the office of the County
Recorder of Ventura County, said strip of land 15 feet wide lying 7.50
feet of each side of the following described centerline:
Beginning at the intersection of the Southerly prolongation of the Wester-
ly line of Tierra Rejada Road, 94 feet wide, as shown on the Map of
Tract No. 2817 -2 recorded in Book 83, Pages 59 and 60 of Miscellaneous
Records (Maps), in the office of the County Recorder of Ventura County
with a line parallel with and distant Southerly 155.00 feet from the North-
erly line of that portion of a strip of land, 155.00 feet wide, described :as
having a bearing of North 89° 29' 56" West, and a length of 2,345.45 feet
as described and designated as a portion of Parcel 1 in the deed to
Southern California Edison Company, recorded November 24, 1964 in Hook
2677, Page 169 of Official Records, in the office of the County Recorder
of said County; thence along said Southerly prolongation South 0° 24' 41"
West, 22.55 feet; thence at right angles South 89° 35' 19" East, 42.00
feet to the True Point of Beginning, thence South 45° 24' 41" West, 69.90
feet; thence South 4° 58' 09" West, 481.48 feet to the Northwesterly line
of the strip of land 50 feet wide, described in the Deed to Southern
California Edison Company, recorded November 30, 1960 in Book 1933,
Pace 403 of Official Records in the o ~ice 'of the County Recorder of said
County.
The sidelines of said stria of land are to be proionged or shortened to
terminate Southerly in said Northwesterly line. aNJ
Subject to covenants, conditions, reserva *ions, 1e
rights -of -way, and easements, if any, of record. I
ames a. Sau`e'r,''L.
4 -15 -86
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LEGAL DESC12-11PT10u
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Maureen W. Wall , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 87 -381 was adopted by the City Council of the City
of Moorpark at an adjourned regular meeting thereof held on the
15 day of April , 19 87 and that the same was
adopted by the following vote, to wit:
AYES: Councilmembers Eloise Brown, John Galloway, Bernardo Perez,
and Mayor Clint Harper.
NOES: None.
ABSENT: Councilmember Thomas Ferguson.
WITNESS my hand and the official seal of said City this
16th day of April , 19 87