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HomeMy WebLinkAboutRES CC 1991 732 1991 0109RESOLUTION NO. 91 - 732 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 PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO FOR PROPERTIES LOCATED AT THE NORTHEASTERLY CORNER OF THE "T" INTERSECTION OF SPRING ROAD AND TIERRA REJADA ROAD, WITHIN THE CITY OF MOORPARK, CALIFORNIA THE CITY OF MOORPARK does hereby resolve as follows: SECTION ONE: The CITY OF MOORPARK finds, determines and declares: (1) 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; (2) That the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (3) That the taking of the interest in and to said real property as above described is necessary to such use and is authorized by Section 19, Article I of the California Government Code, Section 1240.010 et seq., of the California Code of Civil Procedure, and other applicable law; and, (4) That the offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property to be acquired by the City and that said offer was rejected by the property owner. SECTION TWO: The CITY OF MOORPARK hereby declares that it is the intention of said City to acquire said property in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION THREE: That if any of the subject property has been appropriated to some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public- -1se. Resolution No. 91 -732 Page 2 SECTION FOUR: 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 One hereof, is located in the County of Ventura, State of California, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof. A map showing the general location of the property sought to be acquired in this proceeding is marked Exhibit "B" attached hereto and incorporated herein by reference and made a part hereof. SECTION FIVE: The City Attorney and the firm of Burke, Williams, & Sorensen are hereby retained as special counsel and are authorized and directed to prepare, 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 Four. 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 SIX: The City Clerk shall certify the adoption of this resolution. SECTION SEVEN: This resolution shall be effective immediately upon its adoption. SIGNED AND ADOPTED this `� _ day of , c Ile- May ATTEST: PACIFIC CORPORATION PROPERTY SPRING ROAD & TIERRA REJADA ROAD MOORPARK, CALIFORNIA LEGAL DESCRIPTION: EXHIBIT "A" That portion of Subdivision "P of the Rancho Simi, in the County of Ventura, State of California as per map recorded in Book 3, Page 7 of Maps, in the office of the County Recorder of said County described as follows: Commencing at the intersection of the southwesterly right of way of Moorpark Road 60.00 feet wide and the westerly line of said Subdivision "P" as shown on map of Tract No. 2865.1 recorded in Book 84, Pages 1 thru 9, inclusive, of Miscellaneous Records (Maps) Records of said County; thence along the right of way of said Moorpark Road South 390 59' 55" East 697.97 feet; thence North 860 52' 41" East 50.47 feet to the POINT OF BEGINNING; thence continuing along said right of way line. 1st: North 860 52' 41" Fast, 170.72 to an intersection with a curve concave southeasterly and having a radius of 1847.00 feet, a radial line at said intersection bears North 190 43' 28" West; thence 2nd: Westerly along said curve through a antral angle of 40 03' 6" an arc distance of 130.61 feet to a point of reverse curvature with a curve concave Northeasterly and having a radius of 27.00 feet; thence 3rd: Northwesterly along said curve through a central angle of 860 09' 11" an arc distance of 40.60 feet to a point of reverse curvature with a curve concave westerly and having a radius of 1847.00 feet; thence 4th: Northerly along said curve through a central angle of Oo 56' 46" an arc distance of 3050 feet to the POINT OF BEGINNING MINERAL __ F-XC FPTION. All minerals and all oil, gas, asphaltum and other hydrocarbon substances lying below a depth of 500 feet from the surface of the herein described land are excepted. Said exception, however, shall be without the right to use the surface or to enter upon said land for any purpose above a depth of 500 feet measured vertically from the surface. N $10 SC EXHIBIT "B" PACIFIC CORPORATION PROPERTY SPRING ROAD & TIERRA REJADA ROAD MOORPARK, CALIFORNIA PAUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk MOORPARK STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 91 -Z�2__ was adopted by the City Council of the City of Moorpark at a meeting held on the 9th day of JANUARY 1991, and that the same was adopted by the following vote: AYES:000NCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 10t'i day of _ JANUARY , 11-'91. 799 Moorpark Avenue Moorpark, CalifOrnca 9302; (805) 529 -6864.