HomeMy WebLinkAboutRES CC 1997 1330 1997 0618RESOLUTION NO. 97- 1330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR
MOORPARK, CALIFORNIA VACATING PEDESTRIAN EASEMENTS AT
THE EAST END OF SAGEWOOD DRIVE
WHEREAS, pedestrian easements at the east end of Sagewood Drive has been dedicated
to the City of Moorpark for pedestrian access via the recordation of Pedestrian easements on Lots
64 and 65 of final map no. 4342 -3 at the east end of Sagewood Drive as shown on map recorded on
June 16, 1989 in Book 116 on Pages 65 through 68 inclusive of Tract Maps, in the Office of County
Recorder of Ventura County; and,
WHEREAS, the vacation of pedestrian easements at the east end of Sagewood Drive is
desirable for the property owners and the general public; and,
WHEREAS, on June 9, 1997, at 7:00 P.M. the location, purpose and extent of the proposed
vacation of said pedestrian easements was duly reviewed by the Planning Commission of the City of
Moorpark; and on said date said Commission adopted Planning Commission Resolution No. 9 7 - 3 3 8
finding the proposed vacation to be in conformance with the Moorpark General Plan and that the
location and extent of the proposed vacation was not required for a non - motorized transportation
facility; and,
WHEREAS, on May 21, 1997, the City Council duly passed and adopted Resolution No.
97 -1322 declaring its intention to vacate pedestrian easements at the east end of Sagewood Drive 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 regarding the proposed pedestrian
easement vacation; and,
WHEREAS, said Resolution fixed 7:00 P.M. on the 18th day of June, 1997, in the
Community Center at 799 Moorpark Avenue in the City of Moorpark, California, as the time and
place for hearing all persons interested in the proposed vacation, and the date of said hearing was not
less than fifteen (15) days from the date of the adoption of said Resolution; and,
WHEREAS, Notice of Hearing was duly published for two (2) successive weeks as required
by Section 8322 of the Streets and Highways Code of the State of California, and said Resolution was
published and posted in the manner prescribed for the publishing and posting of resolutions of the
City of Moorpark; and,
WHEREAS, notice of this pedestrian easement vacation was duly posted conspicuously
along the line of said easement proposed to be vacated as required by Section 8323 of the Streets and
Highways Code of the State of California, at least two (2) weeks before the date set for said hearing,
which notices were posted not more than three hundred (300) feet apart, were not less than three (3)
in number, referred to the Resolution of Intention, stated the day, hour and place of hearing and
contained a map showing the location of the portion of the street to be vacated; and,
WHEREAS, on June 18, 1997, 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 testimony
and considered the evidence with respect thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. That the pedestrian easements to be vacated at the east end of Sagewood Drive,
generally described in Resolution No. 97 -1322 and more particularly described in Exhibit "A" and
shown in Exhibit "B ", attached hereto, are unnecessary for present or prospective public street
purposes.
Section 2. That the pedestrian easements to be vacated, as described in Exhibit "A" and
shown in Exhibit `B ", attached hereto, are not required for a non - motorized transportation facility.
Section 3. That the pedestrian easements at the end of Sagewood Drive described as follows
are hereby ordered vacated.
The pedestrian easements across Lots 64 and 65 of Final Map No. 4342 -3 at the east end of
Sagewood Drive described in Exhibit "A" titled "Legal Description" and shown in Exhibit "B" as "10'
Pedestrian Access Easement to the City of Moorpark ", attached hereto and made a part hereof.
Section 4. The effect of this action is hereby deemed to not change ownership of the lands
described herein vacated;
The pedestrian easements on Lots 64 and 65 herein vacated, which are more particularly
described Exhibit "A ", titled "Legal Description" attached hereto and made a part hereof, shall be
retained in fee simple interest to the respective owners of Lots 64 and 65 of said Final Map No. 4342-
3, and
as is shown on Exhibit `B ".
Section 5. The City Clerk is directed to record a certified copy of this Resolution of Vacation
in the Office of the County Recorder of County of Ventura, State of California.
PASSED, APPROVED AND ADOPTED THIS 18 th DAY OF
JUNE , 1997.
ATTESTED:
EXHIBIT "A"
Legal Description
Being a portion of lot 64 and lot 65 of Final Map 4342 -3 as shown on Map recorded in Book 116,
Page 68 of Maps, in the Office of the County Recorder, County of Ventura, State of California,
described as follows:
The southern five (5) feet of Lot 64 and the northern five (5) feet of Lot 65 adjacent to the common
lot line having a bearing of N 84 °21'03" E and a length of twenty -eight (28) feet.
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► 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark, California,
do hereby certify under penalty of perjury that the foregoing
Resolution No. 97- 1330 was adopted by the City Council of the
City of Moorpark at a meeting held on the 18th day of
JUNE , 1997, and that the same was adopted by the
following vote:
COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK
AYES: AND MAYOR HUNTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 25th
day of JUNE , 1997.
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DESWE RODGERS TEASLEY JOHN E. WOZNIAK
Mavor Mavor Pro Tom Coumilmember Counedmember Coundimember