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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 Page 4 �v v 111 5P. R. k'_- - SITE TRACT l v � °0 1266 -1 FlTCH A 940099a7: ,� �0 0 ,;i�� �- po„ fJ ti 21 PM 2 t , PAK 2 73 ., Poe ID I 224Ac _ FbOH-A Pr v+ous Pbr. � fro, 21P! �2 j ,ef; 2nd Sx0 i _�� P4 �' 4 // `512 -150 - 2 74 �; r - 02 63 `` FL I MN 1 N 75 11f 21PM2 SEE DETAIL _ • N Oo 2d I I� ?4.j -48 l • I IV t 20 /328.9? 21 RSfB y NY 0 � 4 06AC- Z84AC. 3sr 3k. ' TRACT ass 0 AO 58 C%- ' D i 2s36 19 RS52 18 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)