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HomeMy WebLinkAboutRES CC 1987 386 1987 0520RESOLUTION NO. 87 -386 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 (TIERRA REJADA ROAD; ASSESSOR PARCEL NOS. 504- 020 -275, 504- 020 -285, AND 504- 020 -255.) THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City hereby determines and resolves that on May 20, 1987, after fifteen (15) days written notice to the owners of the property described hereafter, as they appeared on the last equalized County assessment 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 real property situated in the City of Moorpark, County of Ventura, State of California, and more particularly described in Exhibit-. "A" attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein (hereinafter "Property "), for the public purposes hereinafter :;et forth. A map showing the general location of the property sought to be acquired is attached hereto as Exhibit "B" and incorporated herein by reference and made a part hereof as though fully set forth herein. SECTION 2. This City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of RESOLUTION NO. 87 -386 PAGE 2 easement interests including slope easements and road access easements as shown on Exhibits "A" and "B ". The location of said project is planned in a manner which will be most compatible to 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 fee and easement interests in and said property more particularly described in Exhibits "A" and "B ". 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 in 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 fee and easement interests 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 -his 20th day of 1987. - -- AT Mayor TEST: � a i ty Cle a ` 0 9 �O May Parcel 11 - 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 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 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; thence Southeasterly 52.72 feet along said curve through a central angle of 27° 27' 38" to a point in the Northwesterly line of the strip of land, 50 feet wide, described in deed to Southern California Edison Company, re- corded November 30, 1960 in Book 1933, Page 408 of Official Records in the office of said County Recorder, said point being the True Point of Beginning; thence continuing along said curve Southeasterly 1.41 feet through a central angle of 00° 44' 06" to the beginning of a reverse curve concave to the Northeast having a radius of 45.50 feet; thence Southeasterly 46.06 feet along the last mentioned curve through a central angle of 57° 59' 44 "; thence North 73° 13' 24" East 76.79 feet to the Southeasterly line of said strip of land, 50 feet wide; thence South 59° 13' 24" West 62.00 feet along said Southeasterly line; thence South 73° 13' 24" West 16.62 feet to the beginning of a curve concave to the Northeast having a radius of 60.50 feet; thence Northwesterly 56.20 feet along said curve through a central angle of 53 13' 41" to the beginning of a reverse curve concave to the Southwest having a radius of 60.00 feet; thence Northwesterly 12.20 feet along said reverse curve to said Northwesterly line; thence North 59° 13' 24" East 17.90 feet along said Northwesterly line to the True Point of Beginning. Subject to covenants, conditions, reservations, restrictions, rights, rights -of -way, and easements, if any, of record. N0 S 8. SJ NO. 4453 James B . auer, L. S . 4451 03/23/87 i 4: J. N. 50991 EXHIBIT A �9Tf OF CAt_\co`�� Parcel 9 - 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 Westerly 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 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 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 line of the strip of land, 50 feet wide, de- scribed in the deed to Southern California Edison Company, recorded No- vember 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" West 35.74 feet to the True Point of Beginning, said point being the beginning of a nontangent curve concave to the Southeast having a radius of 42.00 feet, and to which point a radial line bears North 63° 03' 17" West; thence Southwesterly 7.85 feet along said curve through a cen- tral angle of 10° 42' 21 "; thence South 16° 14' 22" West 42.69 feet to the beginning of a curve concave to the Northwest having a radius of 60.00 feet, said curve also being tangent to the Southeasterly line of said strip of land, 50 feet wide; thence Southwesterly 45.01 feet along said curve through a central angle of 420 59' 02" to its point of tangency with said Southeasterly line; thence South 59° 13' 24" West 218.17 feet along said Southeasterly line;. thence North 30° 46' 36" West 5.53 feet; thence North 54° 06' 07" East 106.09 feet to a line parallel with and 15.00 feet North- westerly from said Southeasterly line; thence North 59° 13' 24" East 112.50 feet along said parallel line to the beginning of curve concave to the Northwest having a radius of 40.00 feet; thence Northeasterly 33.07 feet along said curve through a central angle of 47° 22'07 "; thence North 11° 51' 17" East 30.03 feet to said Northwesterly line; thence North 59° 13' 24" East 28.58 feet along said Northwesterly line to the True Point of Beginning. Subject to covenants, conditions, reservations, restrictions, rights, rights -of -way, and easements, if any, of record. O LAND SV n /� s %FJ- 1T ! P O F 03/23/87 J.N. 50991 / James B--Sauer, L.S. 4453 Parcel 7 - 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 and of Lot 37 of Fremont Tract as per map recorded in Book 3, Page 39 of Maps, and Block B, Moorpark Home Acres Tract as per map recorded in Book 20, Page 3 of Maps, all being recorded 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 (Maps), in the office of the County Recorder of Ventura County, with the Northwesterly line of the strip of land, 50.00 feet wide, de- scribed in the deed to Southern California Edison Company, recorded No- vember 30, 1960 in Book 1933, Page 408 of Official Records in the office of the County Recorder of said County; thence along said Northwesterly line South 59° 13' 24" West, 332.26 feet; thence, leaving said Northwest- erly line, South 30° 46' 36" East 50.00 feet to the Southeasterly line of said strip of land, 50.00 feet wide; thence along said Southeasterly line North 59° 13' 24" East 301.99 feet to said Southerly prolongation; thence along said Southerly prolongation Northerly 58.45 feet to the point of beginning. Subject to covenants, conditions, restrictions, reservations, rights, rights -of -way, and easements, if any, of record. —_ n 4453 es B. auer, L.S. T 41[A? Revised 3/5/87 J. N. 50991 Parcel 6 - 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 and of Lot 37 of Fremont Tract as per map recorded in Book 3, Page 39 of Maps, and Block B, Moorpark Home Acres Tract as per map recorded in Book 20, Page 3 of Maps, all being recorded 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 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 1933, Page 408 of Official Records in the office of the County Re- corder of said County; thence along said Northwesterly line North 590 13' 24" East, 169.69 feet; thence, leaving said Northwesterly line, South 30° 46' 36" East 50.00 feet to the Southeasterly line of said strip of land, 50.00 feet wide; thence along said Southeasterly line South 59° 13' 24" West 199.95 feet to said Southerly prolongation; thence along said Southerly prolongation Northerly 58.45 feet to the point of beginning. Subject to covenants, conditions, restrictions, resery n�Pfdriht`s, rights -of -way, and easements, if any, of record. JAMES B, V SAUER C n j James S . Sir, 'L S,,, d�4411 4/23/86 j �fe °f Caltfa J.N. 50991 U N. IBS PE COUNTY OF VEW OVA S-rNTE OF CALIFORNIA. /% 4 �� sp Q `. /--N, % •� ♦♦ ,3 94 • c.0 C . q ♦\,�, ah. V)� 71E22A 7E3ADA 20A0 PEQ �,� d,� ♦ 1NSS X10. 13089 2 E 1C. 1 /2G /83 % z ♦ O/0 1�' t �, o ♦ Q e• Q� r 9 ;v 0 u W a Q J z a 0 U SWEET ! OF 2 59EETS. 60.00' PARCEL 8 , PARCEL. 1 d=180SS19" R= 92.50 L.= 30.55' T. - 15.42' 1 u 30'46' 36 "W 50.00' �o- E: -HIS SKETCH DOES NOT ZLP2`SENT A FIELD 502YEY. dW - 9•I5-87 vlsEO 3 -5-87 U 19' Oi' 43" W sa.04' 0� a• r\ '%o \�"' Y• p/+ 3� s i s S )A2CEL 5 PAQCEL 2 '`lr. /�3 23 \6 9 -. S. F PACCEL 2 -- N 30' 47 2 V E 121.03 M 2*42' I7"E Gg.00' PARCEL 7 JA NQ. 110 DATE 3 -82 �o Zo aIle o�W U. � G o °C w LU J � V� .Z J >s r , PARCEL 4 0 0 3 cn P / V 0 \�3Z_91;01_ :i ?N S �• 2 ° ge fn �V to ui lop r SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 9 - SCALE: DATE: WILLDAN ASSOCIATES V-1001 11 / t3 / 85 DRAWN 8Y: FIELD BK. 2001. WYO.. ZJMim R B. "Wim M CA VZM CHECKED BY: J08 NQ.: pqq 77A,5740 (2131 vx+s31 50991 JA NQ. 110 DATE 3 -82 �o Zo aIle o�W U. � G o °C w LU J � V� .Z J >s r , PARCEL 4 0 0 3 cn P / V 0 \�3Z_91;01_ :i ?N S �• 2 ° ge fn �V to ui lop r SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 9 - t 50 IN TyE COUN T P OF VENTUQA �_ STATE Of CQUAWN /A 00 ` Lr-lz zpo8 Pc.lo Y a. 6 N.14'1Q'O?? E' ti d:3C 3 Q�� Lr:GS3� Z1.�tG N• 0 •Za � E da Sp�ftNEny t0�l0R, p8 �3Id td� (4f r A. !o '42'Z!" R 42.00 • 1 'l \T . J• Fd v 619 L SiQ�Q•2 pct.9 -9. 30.03' v s. N •S 419FEr z OF )WIETS. SCALE: DATE �Aa WILLDAN ASSOCIATES J" • Ga 3 -25 87 ft-'MIMS - ft NNERS SKETCH TO ACCOMAA)VV 2v0 i --*- Iwo_ sum im. DRAWN 8Yo FIELD SK.-' """08M CA VMS G.9. LEGAL DESCA /pTION m47745740 Qt3! vz, ,ea, CHECKED BY: Joe N4. 4. B. 509 4I ANA NQ. 110 DATE 3 -82 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. 87-386' was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 20th day of May 19 87 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Brown, Galloway, Perez, and Mayor Harper. NOES: None. ABSENT: Counci lmember Ferguson. 0 WITNESS my hand and the official seal of said City this 21st day of May , 19 87