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HomeMy WebLinkAboutRES CC 1991 793 1991 0821RESOLUTION NO. 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING A PORTION OF SURPLUS RIGHT -OF -WAY ON THE EAST SIDE OF SPRING ROAD SOUTH OF PEACH HILL ROAD IN THE CITY OF MOORPARK Vacation No. V -91 -2 WHEREAS, development of properties in the vicinity of-Spring Road and Peach Hill Road, required the realignment of Spring Road; and, WHEREAS, the recordation of Tract Map No. 4069 at the southeast corner of said intersection, provided for this realignment through dedication of additional street right -of -way; and, WHEREAS, said map also shows a portion of the street right -of- way for the original alignment of Spring Road, outside of the limits of the street improvements and street right -of -way required for this street segment; and it is, therefore, appropriate to consider the vacation of said surplus street right -of -way; WHEREAS, on June, 17, 1991, the vacation of said street was duly reviewed by the Planning Commission of the City of Moorpark and determined to be in conformance with the Moorpark General Plan; and, WHEREAS, on July 17, 1991, the City Council duly passed and adopted Resolution No. 91 -780 declaring its intention to vacate said surplus street right -of -way in the City of Moorpark; and, WHEREAS, said Resolution referred to certain maps and reports on file in the Office of the City Clerk of the City of Moorpark, for further particulars with reference to said proposed street vacation; and, WHEREAS, said Resolution fixed 7:00 P.M. on the 21st day of August, 1991, in the Community Center at 799 Moorpark Avenue in the City of Moorpark, California, as the time and place for hearing persons interested in or objecting to the proposed vacation, and the date of the hearing was not less than fifteen (15) days from the date of the passage of said Resolution; and, WHEREAS, said Resolution was duly published as required by Section 8322 of the Streets and Highways Code of the State of California and in the manner prescribed for the publishing and posting of Resolutions of the City of Moorpark; and, Resolution No. 91- 793 Page 2 WHEREAS, notice of this street vacation were also duly posted conspicuously along the line of said street to be vacated, at least ten (10) days prior to the date set for said hearing, which were posted not more than three hundred feet (3001) apart and were not- less than three (3) in number with respect to said street , and which notices set forth the passage of said Resolution of Intention and the time and place of hearing; and, WHEREAS, on August 21, 1991, at 7:00 P.M., in the Community Center at 799 Moorpark Avenue in the City of Moorpark, California, the City Council held said hearing and received and considered the evidence with respect thereto; and, WHEREAS, said hearing was duly closed and evidence duly considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 3. That the land described in Resolution No. 91 -780 is unnecessary for present or perspective street purposes. SECTION 2. That said land, which is more particularly described and shown in Exhibits "A" & "B" attached hereto and made a part hereof, is hereby vacated. SECTION 3. That the City Clerk is authorized and directed to cause a certified copy of this Resolution, duly attested by said City Clerk, to be recorded in the Office of the County Recorder of the County of Ventura, California. PASSED, APPROVED AND ADOP ED this 21th day of August, 1991. Mayor, City o Moorpark, Cal ornia LEGAL DESCRIPTION FOR RIGHT -OF -WAY RELINQUISHMENT That portion of land lying within Spring Road, formerly know as Moorpark Road, in the City of Moorpark, as shown on Tract No. 4069 recorded in Book 103, Page 57 of Miscellaneous Records (Maps) in the Office of the County Recorder, County of Ventura, State of California, lying within the following described boundaries: Beginning at a point in the northeasterly line of said Spring Road, said point being southwesterly terminus of that certain course shown as "N89 °59'00 "E 14.13 "' on map of said tract, thence northeasterly and southeasterly along the boundary of said Spring Road, as said Spring Road is also the common boundary of said Tract No. 4069; thence, 1st. North 89 °59'00" East 14.13 feet; thence, 2nd. South 17 ° 50'36" East 77.32 feet to the point of northerly terminus of that curved portion of said northeasterly line of Spring Road that departs from, and is non - tangent to, said common boundary of said Tract 4069, said curved northeasterly line being concave westerly and having a radius of 1,747.00 feet, a radial line of said curve to last said point bears North 64 °09'25" East; thence, 3rd. Along the northwesterly extension of said curve through a central angle of 2 °42'50 ", an arc length of 85.75 feet to the point of beginning. R No. 19268 Exp. 9 -30- 96 .Plglf OF�Ck��F���,i Sheet 1 of 2 Sheets s Q' RAMSEYER AND ASSOCIATES, INC. CML ENGINEERS - LAND PLANNERS - SURVEYORS 805 654 -1088 1881 KNOLL DRIVE 8053 656 -1874 VENTURA• CALIFORNIA 93003 FAX: (805) 654 -£013 SKETCH OF RIGHT OF WAY RELINQUISHMENT SPRING ROAD BY: JLC CK'D: REW DATE: 2 -20 -91 SHEET 2 OF 2 R,'aC ` N10. 4`60 \ 103 iii R 5 7/ \ N89'69'00 "E 14.13' tp 9 A L \ c Y L \ 4T_ O O O_ -� N 'AO N6P� \PL Q , SCALE: ' = 40" \ :, RAMSEYER AND ASSOCIATES, INC. CML ENGINEERS - LAND PLANNERS - SURVEYORS 805 654 -1088 1881 KNOLL DRIVE 8053 656 -1874 VENTURA• CALIFORNIA 93003 FAX: (805) 654 -£013 SKETCH OF RIGHT OF WAY RELINQUISHMENT SPRING ROAD BY: JLC CK'D: REW DATE: 2 -20 -91 SHEET 2 OF 2 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) 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 -793 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of AUGUST , 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER PEREZ ABSTAIN: NONE WITNESS my hand and the "official seal of said City this 26th day of AUGUST , 1991. Lillian E. I<ellerman AUL W. LAWP.ASON P Mayor BERNARDO M. PEREZ SCOTT MONTGOMERY Mayor Pro Tern Councilmember ROY E. TALLEY _;-_ JOHN E. WOZNIAK Councilmemoe- Councfl- -,h-