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Home My WebLink AboutRES CC 1994 1003 1994 0126RESOLUTION NO. 94 - 1003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN VACANT PROPERTY LOCATED EAST OF 618 FITCH AVENUE, WITHIN THE CITY OF MOORPARK, CALIFORNIA, FOR PUBLIC USE WHEREAS, in or about September, 1992, the State of California, Department of Transportation ( "Caltrans ") declared its intention to construct and operate a maintenance station (Maintenance Station ") on real property that it owns within the City of Moorpark at the southwest corner of the intersection of New Los Angeles Avenue and the State Route 23 Freeway interchange ( "Freeway Site");-and WHEREAS, it would be detrimental to the health, safety or general welfare of the citizens of the City of Moorpark for the Maintenance Station to be located on the Freeway Site; and WHEREAS, in or about October, 1992, the City of Moorpark commenced an action in the Superior Court for the County of Ventura (Case No. 123655) to prevent Caltrans from locating the Maintenance Station on the Freeway Site; and WHEREAS, Caltrans has indicated that it will construct and maintain the Maintenance Station on other real property within the City of Moorpark, provided that the site is acceptable to Caltrans and that the City of Moorpark acquires the real property and exchanges said property for the Freeway Site; and WHEREAS, Caltrans has indicated that the below- described real property ( "Alternative Site ") is an acceptable site for the Maintenance Station; and WHEREAS, the Alternative Site is located adjacent to railroad tracks within an industrial district, and hence it will not be detrimental to the health, safety or general welfare of the citizens of Moorpark for the Maintenance Station to be located thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The real property that is the subject of this resolution and is to be taken by the City of Moorpark consists of the fee interest in 4.15 acres of land, more or less, located east of 618 Fitch Avenue within the City of Moorpark, as more particularly described in Exhibit "A ", which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit .:80625.2 "B ", which is attached hereto and incorporated herein. SECTION 2. The public use for which the above - described property is to be taken is a maintenance yard to be owned and operated by the State of California, Department of Transportation. The City of Moorpark is authorized to acquire the above - described property by eminent domain pursuant to Section 19, Article 1 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. SECTION 3. The City Council of the City of Moorpark finds and determines as follows: (1) The public interest and necessity require the above - described maintenance yard; (2) The above - described maintenance yard is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (3) The taking of the fee interest in the above- described property is necessary for the above - described maintenance yard; and (4) The offer to purchase the fee interest in the above- described property has been made to the owners of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by them. SECTION 4. It is the intention of the City Council of the City of Moorpark that the above - described property be acquired in the name of the City of Moorpark in accordance with the laws of the State of California with reference to condemnation procedures. SECTION 5. If any of the above - described property has been previously appropriated to some public use, the public use for which it is to taken under this proceeding is a more necessary public use. SECTION 6. The City Attorney and the firm of Burke, Williams and Sorensen are hereby authorized and directed to prepare, institute, and prosecute in the name of the City of Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above - described property. Said counsel are also authorized and directed to obtain an order of the court granting to said City the right of immediate possession and occupancy of said property. 90625.2 2 SECTION 7. The City Clerk shall certify to the adoption of this resolution by a vote of not less than two - thirds of all of the members of the City Council. SECTION 8. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of JANUARY , 1994. PAUL W.tAWRASON JR.Q MAYOR L..80625.2 3 Exhibit 'A' LEGAL DESCRIPTION PARCELS 2, IN THE CITY OF MOORPARK, AS SHOWN ON PARCEL MAP FILED IN BOOK 21 PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT AN UNDIVIDED ONE -HALF OF ALL OF THE OILS, GAS, HYDROCARBONS, FISSIONABLE MATERIALS AND OTHER MINERAL SUBSTANCES LYING ON OR UNDER SAID LAND BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY THEREON FOR THE PURPOSE OF MINING, DRILLING OR EXCAVATING SAME AS GRANTED TO ANNA EUGENIE WATERMAN, A WIDOW, AND A. A. MILLIGAN, TRUSTEE, BY DEED RECORDED SEPTEMBER -08, 1958 AS DOCUMENT NO. 37936 IN BOOK 1652 PAGE 181 OF OFFICIAL RECORDS. Pov, QR of- ASSESSORS PARCEL NO.: 512 -0- 150 -51E EX�lblt M , to C. AX , rii -., tt PIP w , 'j..rs'�J.. Ar NO _ M Th tJ VAN , t r !��' •� ` l �� Vr i � � � `• °h �1 •' V O c� 1 S rJ 75 pop- 4► Q , Q y4 44' V i k ' M 0 sh �• � • �. 1 U `; • � CV `, Z ° / Q� Qt�J �`' �i.' • 3, vS R <�� G�otl 1 �` V �` v o tt 177 s�f Grra 1 • � �dl.ts �iy '� �� w�i !� ��• a —ter "' - --- - ��1.� /s �3 117 •It•� ' f J•,l� ter• 1 ♦' !, . , to r � ti ./ ' 1• � rl•�• i s e. � °' s. ri / O t �j i! KJC � ) L .F 7 40 f 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. 94 -1003 was adopted by the City Council of the City of Moorpark at a meeting held on the 26th day of JANUARY , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN, NONE WITNESS my hand and the official seal of said City this 27th day of JANUARY _ 1994. Lillian E. Hare City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Printed on Recycied Pape