HomeMy WebLinkAboutRES CC 2001 1879 2001 0905RESOLUTION NO. 2001 -1879
A RESOLUTION OF THE CITY COUNCIL OF THE OF
MOORPARK, CALIFORNIA, FINDING AND DETERMINING
THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION FOR ESSENTIAL PUBLIC FACILITIES
PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS
A 4.19 ACRE PARCEL AT THE TERMINUS OF FITCH
AVENUE; APN 512 -0- 150 -765, AS THE SAME IS MORE
PARTICULARLY DESCRIBED IN EXHIBITS "A" and "B"
ATTACHED HERETO AND INCORPORATED HEREWITH
WHEREAS, the City of Moorpark ( "City ") made an offer to
Louis L. Borick ( "Owner ") on August 2, 2001, to purchase
property for $730,000; and
WHEREAS, said offer of $730,000 represents the full amount
determined to be just compensation for the property and
improvements; and
WHEREAS, said offer is not less than the Agency's approved
appraisal of the fair market value of the property; and
WHEREAS, on August 8, 2001, the Owner rejected the City's
offer; and
WHEREAS, the City then notified Owner on August 9, 2001, of
a hearing, to be held not less than fifteen (15) days from the
date of said notification, on September 5, 2001, at which time a
Resolution of Necessity to acquire the property by eminent
domain would be considered; and
WHEREAS, Owner has not waived the fifteen (15) day
notification period and has acknowledged the City's intent to
hold said hearing at 6:30 p.m. on September 5, 2001 in the
manner provided in the Notice of Hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Moorpark (hereafter "City "), after
consideration of the staff report, staff presentation,
discussion, oral testimony and evidence presented at the
September 5, 2001 meeting of the City Council hereby finds,
determines and declares as follows:
Resolution No. 2001 -1879
Page 2
1. That the public
construction of
location; and
interest and necessity require the
a City Corporation Yard at this
2. That the above described Project is planned and
located in the manner that will be most compatible
with the greatest public good and the least private
injury; and
3. That the above described real property is necessary
for the proposed project; and
4. That the proposed project is consistent with the
City's General Plan; and
S. That the offer to purchase the above described
property has been made to the owner of record of the
property, as required by California Government Code
Section 7267.2 and said offer has not been accepted by
said owner.
SECTION 2. The real property that is the subject of this
resolution and is to be taken by the City of Moorpark consists
of a 4.19 -acre parcel of land located at the terminus of Fitch
Avenue (APN: 512 -0- 150 -765) and as described on Exhibit `A'
which is attached hereto and incorporated herein, and as more
particularly depicted on Exhibit `B' which is also attached
hereto and incorporated herein.
SECTION 3. The public use for which the above - described
property is to be taken is the development of the City's Public
Works and Parks Departments' Corporation Yard. 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, Sections 1240.010 through 1240.050 of
the California Code of Civil Procedure, and Section 33391 (b) of
the Health and Safety Code.
SECTION 4. If any of the above described property has been
previously appropriated to some public use, the public use for
which it is taken under this proceeding is a compatible public
use or, in the alternative, a more necessary public use.
Resolution No. 2001 -1879
Page 3
SECTION 5. The City's Attorney and the firm of Burke,
Williams and Sorenson 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.
SECTION G. The City Clerk shall certify to the adoption of
this resolution by a vote of not less than four - fifths (4/5) of
all of the members of the City Council.
SECTION 7. This resolution shall be effective immediately
upon its adoption.
SECTION 8. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 5th daJ oA SeptembE�r, X2001.
ATTEST:
Deborah S. Traffenste t, City Clerk
Attachments: Exhibit "A"
Exhibit "B"
trick *nter, Mayor
Resolution No. 2001 -1879 EXHIBIT A
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A
SITE PLAN
Source: County of Ventura Assessor's Map
A.G.I. GEOTECHNICAL, INC.
Project No. 11- 2260 -80
Scale. 1 = 3001 ±
Approved by:
EXHIBIT A
Date: 6 -14 -01
Revised:
Drawn by: JCV
Resolution No. 2001 -1879
Page 5
EXHIBIT B
Legal Description
PARCEL 1, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL
MAP FILED N BOOK 21, PAGE 2 OF PARCEL MAPS, N 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 IN OR UNDER SAID
LAND BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT HOWEVER,
THE RIGHT OF SURFACE ENTRY THEREON FOR THE PURPOSES OF MINING, DRILLING, OR
EXCAVATING SAME AS GRANTED TO ANNA EUGENIE WATERMAN, A WIDOW AND A.A.
MILLIGAN, TRUSTEE, BY DEED RECORDED SEPTEMBER 8, 1958 AS DOCUMENT NO. 37936
IN BOOK 1652 PAGE 181 OF OFFICIAL RECORDS.
Resolution No. 2001 -1879
Page 6
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2001 -1879 was adopted by the
City Council of the City of Moorpark at a meeting held on the 5th
day of September, 2001, and that the same was adopted by the
following vote:
AYES: Councilmembers
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Harper, Mikos, Millhouse, Wozniak
WITNESS my hand and the official seal of said City this 26th
day of September, 2001.
S
Deborah S. Traffenst-etft, City Clerk
(seal)