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HomeMy WebLinkAboutRES CC 2005 2427 2005 1221RESOLUTION NO. 2005 -2427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY, IDENTIFIED AS LOTS 111, 112 AND 113 OF THE COLONIA VIRGINIA TRACT (AP NOS. 513 -0- 031 -025 AND 513 -0- 031 -035), SAID PROPERTY BEING LOCATED ON THE NORTH SIDE OF PRINCETON AVENUE EAST OF NOGALES AVENUE, WITHIN THE CITY OF MOORPARK, CALIFORNIA, FOR PUBLIC USE (APOSTOLIC ASSEMBLY OF THE FAITH IN JESUS CHRIST) WHEREAS, the City wishes to construct a project to widen Princeton Avenue from a point east of Spring Road to a point west of Condor Drive ( "Project "); and, WHEREAS, in order to proceed with the construction of the Project, the City requires the acquisition of certain property owned by the Apostolic Assembly of the Faith in Jesus Christ ( "Owner ") and identified as Lots 111, 112 and 113 of the Colonia Virginia Tract (A.P.Ns. 513 -0- 031 -025 and 035) located on the north side of Princeton Avenue east of Nogales Avenue within the City of Moorpark ( "Property "); and WHEREAS, the Property to be acquired from Owner consists of approximately 0.89 acre in total area. The legal description of the Property is attached HERETO as Exhibit `A'; and WHEREAS, the City made an offer to Owner on September 27, 2005, to purchase said Property for the full amount determined by the City to be just compensation for said Property; and WHEREAS, City's pending purchase offer of $300,000.00, which was based upon an updated appraisal of the Property, represents the full amount determined to be just compensation for the Property; and WHEREAS, the Owner has not yet accepted said pending offer; and WHEREAS, the City then notified Owner on December 1, 2005, of a hearing to be held more than fifteen (15) days from the date of said notification, on December 21, 2005, at which time a Resolution of Necessity to acquire the Property by eminent domain would be considered; and Resolution No. 2005 - 2427 Page 2 WHEREAS, the City Council, at its meeting of December 21, 2005, considered the Agenda Report, staff presentation, discussion, oral testimony and evidence presented with regard to this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Property that is subject of this resolution and is to be taken by the City of Moorpark consists of approximately 0.89 acre in total area, as more particularly described herein and in Exhibit 'A' which is attached hereto and incorporated herein. SECTION 2. The City of Moorpark is authorized to acquire the Property by eminent domain pursuant to California Government Code sections 6500 et seq., 7267.2, 37350.5, and 40404, and California Code of Civil Procedure section 1230.010 et seq. and Section 19, Article I of the California Constitution. SECTION 3. The public use for which the Property is to be taken is the widening of the Princeton Avenue in the vicinity of the properties that are subject to this resolution. SECTION 4. The City Council of the City of Moorpark, based upon the Agenda Report, staff presentation, discussion, oral testimony and evidence presented finds and determines and follows: 1. That the public interest and necessity require the proposed Project; 2. That the Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the Property is necessary for the construction and use of the Project; 4. That the offer to purchase the above described properties 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; and; 5. That all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property have been complied with by the City. 6. The City Council has determined that acquisition of the entire parcel is appropriate pursuant to California Code of Civil Procedure Section Resolution No. 2005 - 2427 Page 3 1240.410 et. Seq. for the reasons set forth in the Agenda Report and based upon the information presented at the hearing for this Resolution. SECTION 5. If any of the Property has been previously appropriated to some public use, the public use for which it was taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use pursuant to Code of Civil Procedure sections 1240.510 and 1240.610. SECTION 6. The City Attorney and the firm of Burke, Williams and Sorensen, LLP 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 properties, including the filing of an application for an order of immediate possession prior to judgment. SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The City Clerk shall c vote of not less than two - thirds of all of the m Traffenstedt, Attachment: Exhibit `A': Legal Description Resolution No. 2005 - 2427 Page 4 EXHIBIT `A' The land relcrred to in this report is situated in the Stake of California, County of Ventura and is described es follows. LOT 111, 112 AND 113 COLONIA VIRGINIA TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 20, PAGES 33 AND 34 OF t4TSCELLANFOUS RECORDS, IN THE OFFICE' OF THE COUNTY RECORDER OF SAID COUNTY: EXCEPT ALL COAL, LIGNITE, COAL OIL, PETROLEUM, HAPTHA, ASPttALT, MALTHA, BREA, HATVRAL GAS AND ALL KINDRED OR SIMILAR MINERALS OR MINERAL SUBSTANCES WHICH NOW EXIST OR AT ANY TIME IIEREAFTER WAY EXIST UPON, IN OR UNDER SAID LAND, TOGETHER WITH THE RIGHTS INCIDENTAL THERETO, AS RESERVED BY SIMI LAND AND WATER COMPANY, IN DEED RECORDED NOVEMBER 16, 1889, IN BOOK 29, PAGE 314 OF DEEDS. Resolution No. 2005 - 2427 Page 5 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. 2005 -2427 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21 st day of December, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None 2006. WITNESS my hand and the official seal of said City this 6th day of January, I Deborah S. Traffenstedt, Cit Clerk (seal)