HomeMy WebLinkAboutRES CC 2001 1909 2001 1107RESOLUTION NO. 2001 -1909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND
DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN
PROPERTY DESCRIBED AS A PORTION OF APN'S 506-
0- 050 -295 AND 506 -0- 050 -420, CONSISTING OF
APPROXIMATELY 13,170 SQUARE FEET, AND LOCATED
ALONG THE SOUTH SIDE OF LOS ANGELES AVENUE
AND WEST OF MOORPARK AVENUE
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council, after consideration of the
staff report, staff presentation, discussion, oral testimony and
evidence presented at its November 7, 2001 meeting hereby finds,
determines and declares as follows:
(a) The public interest, convenience and necessity require
the acquisition by City of the fee interest in and to
certain hereinafter described real property for public
purposes; to wit, for road widening purposes for
Moorpark Avenue and Parkcrest Lane, and all uses
appurtenant thereto (the "Project "); and
(c) The interest in real property to be acquired is the fee
title in the real property described on Exhibit A,
attached hereto and incorporated herein by this
reference ( "Property "). The Property is located within
the City of Moorpark, County of Ventura, State of
California. A map showing the general location of the
Property is attached hereto, marked Exhibit B and
incorporated herein by reference and made a part
hereof; and
(d) The Project is planned and located in a manner that
will be most compatible with the greatest public good
and least private injury in that the roadway widening
is necessary not only for development of the properties
adjacent to the Property, but will also ultimately
service future development of the larger parcel from
which the Property is being acquired; and
(e) The taking of the Property is necessary for the stated
Project and such taking is authorized by Section 19,
Article I of the California Constitution, Sections
37350.5 and 40401 et seq. of the California Government
Code, Section 1230.010 et seq., of the California Code
of Civil Procedure, and other applicable law; and
Resolution No. 2001 -1909
Page 2
(f) The offer to purchase required by California Government
Code Section 7267.2 has been made to the owners of the
Property; and
(g) The necessary notice of hearing on this Resolution has
been given, as required by Code of Civil Procedure
Section 1245.235.
SECTION 2. The City Council hereby declares that it is its
intention to acquire said Property in accordance with the
provision of the laws of the State of California governing
condemnation procedures.
SECTION 3. The City Council further finds that if any
portion of the area of the Property has been appropriated to some
public use, the public uses to which it is to be applied by City,
as described above, are more necessary and paramount public uses,
pursuant to Code of Civil Procedure Section 1240.610.
SECTION 4. The firm of Burke, Williams & Sorensen is
authorized and directed to prepare, institute and prosecute such
proceedings in the proper Court having jurisdiction thereof as
may be necessary for the acquisition of said Property, including
the filing of an application for an Order for Possession prior to
judgment.
SECTION 5. This Resolution shall be effective immediately
upon its adoption.
SECTION 6. The Clerk of the City shall certify the adoption
of this Resolution and certify this record to be a full true,
correct copy of the action taken and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 7 t
ATTEST:
�D'G-V� S.
Deborah S. Traffenst�!Zlt, City Clerk
Attachments: Exhibits A and B
Resolution No. 2001 -1909
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
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 -1909 was adopted by the
City Council of the City of Moorpark at a regular meeting held on
the 7th day of November, 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 10th
day of December, 2001.
Deborah S. Traffenste t, City Clerk
(seal)