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Home My WebLink AboutRES CC 2003 2122 2003 0917RESOLUTION NO. 2003 -2122 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 412 POINDEXTER AVENUE; APN 511 -0- 090 -340, 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 412 Poindexter Avenue; APN 511 -0- 090 -340 ( "the Property ") in order to expand Poindexter Park; and WHEREAS, the City made an offer to Richard White (declared Representative of "Owner ") on May 14, 2003, to purchase property; 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 Sections 37350.5, 38010, 40401 and in the Public Resources Code Section 5303, and the required notice of hearing to consider this resolution was given; and WHEREAS, the proposed use of the property for the expansion of a public park is consistent with the Open Space. Conservation and Recreation Element of the Moorpark General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OR 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 17, 2003, meeting of the City Council hereby finds, determines and declares as follows: Resolution No. 2003 -2122 Page 2 1. That the public interest and necessity require construction of addition public parkland and park and recreation amenities (Project) because there is a shortage of such land and amenities, particularly in the downtown area of the City. 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 because the property is vacant and undeveloped and it is adjacent to an existing public park and middle school; 3. That the above described real property is necessary for the proposed project because it is the only undeveloped and unoccupied parcel adjacent to Poindexter Park that would allow the park's expansion; 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. 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. 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. Resolution No. 2003 -2122 Page 3 B. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the Station of California, beginning at Section 21000), the City Council has determined that the Mitigated 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 412 Poindexter Avenue (APN: 511 -0- 090 -340) 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 4. The public use for which the above - described property is to be taken is the development of a neighborhood 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 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 7. This resolution shall be effective immediately upon its adoption. Resolution No. 2003 -2122 Page 4 SECTION 8. 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, and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 1 ATTEST: � S. 1 Deborah S. Traffenst City Clerk Attachments: Exhibit "A" Exhibit "B" H •tom.... .._' _ ... _—_.._ ---_.. ...__�. 3t.acav H H (d xw �o 1IMRI�A p� /y� _ y '.ba IRMQ y�tf�AiM11 !� C. !c!lzoata ot�ntota b :8 vca" _ �! aetttta!! t� .trxxr r ory� N cam, O O . N 1 ,lti z o "fib' t d�3tS� , and b2��131S' 4-) F -ri ar.. ... � "' b 12� a Resolution No. 2003 -2122 Page 6 EXHIBIT B LEGAL DESCRIPTION OF PARCEL The portion of Lot P, Tract L, Rancho Simi, in the City of Moorpark, county of Ventura, State of California, according to the Map recorded in Book 5, Page 5, of Miscellaneous records of said County. Beginning at the southeasterly corner of the land described in deed recorded in Book 511 of Official records, at Page 215, Records of Ventura County; thence Westerly along the Southerly line of said land North 89 -57 -29 West, 380.00 feet; thence North 0 -4 -41 East South 89 -57 -29 East along said Southerly line of Poindexter Avenue, a distance of 382.00 feet to the Easterly line of the land described in said deed; thence Southerly along said line, 249.70 feet to the point of beginning. Resolution No. 2003 -2122 Page 7 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. 2003 -2122 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of September, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this 10th day of October, 2003. .._I " � I �;a - -M W, " � - Deborah S. Traffensted , City Clerk (seal)