HomeMy WebLinkAboutRES CC 2003 2101 2003 0618RESOLUTION NO. 2003 -2101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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
296 CHARLES STREET; APN 512 -0- 093 -080, AS THE
SAME IS MORE PARTICULARLY DESCRIBED IN EXHIBITS
"A" and "B" ATTACHED HERETO AND INCORPORATED
HEREWITH
WHEREAS, the City of Moorpark ( "City ") intends to acquire
the property located at 296 Charles Street; APN 512 -0- 093 -080
( "the Property ") in order to develop a neighborhood park; and
WHEREAS, the City made an offer to Benjamin Duarte ("Owner")
on April 24, 2003 to purchase property for $55,000; and
WHEREAS, said offer of $55,000 represents the full amount
determined to be just compensation for the property and
improvements; and
WHEREAS, said offer is not less than the City's approved
appraisal of the fair market value of the property; and
WHEREAS, the City has the authority to acquire the property
by eminent domain as provided in Government Code section
40501(b) and the required notice of hearing to consider this
resolution was given; and
WHEREAS, the proposed use of the property for a public park
is consistent with the Open Space Conservation and Recreation
Element of the Moorpark General Plan and the Downtown Specific
Plan.
SECTION 1. The City of Moorpark (hereafter "City "), after
consideration of the staff report, staff presentation,
discussion, oral testimony and evidence presented at the June
18, 2003 meeting of the City Council hereby finds, determines
and declares as follows:
1. That the public interest and necessity require the
construction of a park at this location; and
Resolution No. 2003 -2101
Page 2
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 Open
Space, Conservation and Recreation Element of the
City's General Plan; and
5. 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
6. All conditions and statutory requirements necessary to
exercise the power of eminent domain to acquire the
property described herein have been complied with by
the City.
SECTION 2. ENVIRONMENTAL DOCUMENTATION
A. The City Council has received and considered the
information contained in the Negative Declaration prior to
acting on the proposed project and has found that this document
adequately addresses the environmental effects of the proposed
project.
B. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources
Code of the State of California, beginning at Section 21000),
The City Council has determined that the Negative Declaration
prepared for this project has been completed in compliance with
the California Environmental Quality Act, reflects the
independent judgment of the City Council of the City of
Moorpark, and is hereby adopted as prepared.
SECTION 3. The real property that is the subject of this
resolution and is to be taken by the City of Moorpark is located
at 296 Charles Street (APN: 512 -0- 093 -080) and as described in
Exhibit `A' (Legal Description) which is attached hereto and
incorporated herein, and as more particularly depicted on
Exhibit `B' (Map of Parcel) which is also attached hereto and
incorporated herein.
Resolution No. 2003 -2101
Page 3
SECTION 4. The public use for which the above - described
property is to be taken is the development of a park and 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 other applicable
law.
SECTION 5. 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 pursuant to Code of Civil Procedure 1240.510 or, in the
alternative, a more necessary public use pursuant to Code of
Civil Procedure 1240.610.
SECTION 6. The City's 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.
SECTION 7. This resolution shall be effective immediately
upon its adoption.
SECTION 8. The
resolution, and
in the book of
City Clerk s
shall ca�,us
original VS(
PASSED AND ADOPTED this
Deborah S. Traffenst
City Clerk
rtify to the adoption of
Nfied resolution to be
Attachments: Exhibit "A" - Legal Description Of Parcel
Exhibit "B"
Resolution No. 2003 -2101
Page 4
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL
The northerly 100 feet of Lot 16, Block E, Townsite Moorpark,
County of Ventura, State of California, as per Map recorded in
Book 5, Page 5, of Maps, in the Office of the County Recorder of
Ventura County.
Resolution No. 2003 -2101
Page 5
EXHIBIT B
MAP OF PARCEL
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Resolution No. 2003 -2101
Page 6
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. 2003 -2101 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 18th day of June, 2003, and that the same was adopted by
the following vote:
AYES:
Councilmembers Harper,
Hunter
NOES:
Councilmember Millhouse
ABSENT:
None
ABSTAIN:
None
Mikos, Parvin and Mayor
WITNESS my hand and the official seal of said City this
14th day of July, 2003.
Deborah S. Traffensted , City Clerk
(seal)