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Home My WebLink AboutRES CC 2008 2762 2008 1105RESOLUTION NO. 2008 -2762 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 OF CERTAIN PROPERTY FOR OFF -SITE PUBLIC ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A 17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA WHEREAS, Section 66462.5 of the Government Code provides that a city and a subdivider may, by agreement, provide for the acquisition of off -site interests from third parties by the city at the subdivider's expense, where such interests are required to satisfy map conditions; and WHEREAS, on December 16, 1998, the City Council adopted Ordinance No. 250 (effective January 15, 1999), approving a Development Agreement between the City of Moorpark and A -B Properties in connection with General Plan Amendment (GPA) No. 97- 02 and Zone Change (ZC) No. 97 -06, for a 34.53 -acre industrial development, with Section 6.21 of the Development Agreement requiring improvement of a 32 -foot wide paved access road to the property; and WHEREAS, on March 15, 2000, the City Council adopted Resolution No. 2000- 1714, conditionally approving Tentative Tract No. 5147 for this 34.53 acre property, allowing its division into 17 lots, with Condition No. CED -33 requiring improvement of a 32- foot wide paved access road to the property; and WHEREAS, on January 23, 2008, A -B Properties requested in writing that the City of Moorpark acquire all property necessary to construct the 32 -foot wide paved access road as described and shown in Exhibits 1 and 2 attached hereto; and WHEREAS, following City Council authorization on March 19, 2008, the City and A- B Properties on May 6, 2008 entered into a reimbursement agreement in regard to the initiation of the process of acquisition of said property; and WHEREAS, on November 5, 2008, the Moorpark City Council held a duly noticed hearing at a public meeting in order to initiate eminent domain proceedings for the acquisition of the property described and shown in Exhibits 1 and 2. Resolution No. 2008 -2762 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark (hereafter "City "), after consideration of the Agenda Report, staff presentation, discussion, oral testimony, and evidence presented at the public meeting on October 15, 2008, hereby finds, determines, and declares as follows: a. The public interest, convenience, and necessity require Tract 5147 to require the acquisition by City of certain interests in and to certain real property located within the County of Ventura, State of California, for public use relative to paved public roads and utility purposes, and all uses appurtenant thereto; and b. The interests to be acquired ( "Interests ") consist of a non - exclusive appurtenant easement and right of way for public access road, emergency access and utility purposes, together with an easement for slope purposes, and are described and depicted on Exhibits 1 and 2 attached hereto. The Interests shall serve as the primary access to that property owned by A -B Properties described as all of lots 1 through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded as Document # 20070820 - 00162805 -0 with the County Recorder ( "Property ") until such time as the Improvements (as defined in Section 6.22 of the Development Agreement By and Between the City of Moorpark and A -B Properties) are constructed or until other alternative access is provided via construction of a 2 -lane portion of North Hill Parkway from the Property to Gabbert Road following Moorpark's approval of an amendment to said Development Agreement, after which the paved access road shall become an emergency access only for the Property. The Interests to be acquired shall also allow for the installation, repair, replacement, maintenance and operation of subsurface water, sewer, electric, gas, cable, and telephone utilities, and shall additionally allow for 2 empty conduits for potential future utility use, that serve the Property. c. The project, which consists of development consistent with Development Agreement between the City and A -B Properties in connection with General Plan Amendment (GPA) No. 97 -02, Zone Change (ZC) No. 97 -06, and Tract No. 5147 for a 34.53 -acre industrial development including the proposed non - exclusive appurtenant easement and right of way for public access road, emergency access and utility purposes, together with an easement for slope purposes, to satisfy conditions of said Development Agreement ( "Project "), is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and Resolution No. 2008 -2762 Page 3 d. The City has fully complied with all the provisions of California's Environmental Quality Act in regard to the Project; and e. The taking of the Interests as above described is necessary for the Project, and such taking is authorized by Section 19, Article I of the California Constitution, Sections 37350 et seq., Sections 40401 et seq., including Section 40404 and Sections 66462.5 et seq., of the California Government Code, Sections 5100 et seq., and 10102 et seq., of the California Streets and Highways Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and other applicable law; and f. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the Property, as well as to easement holder, Southern California Edison; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Section 1245.235 was given. SECTION 2. The City Council of the City of Moorpark hereby declares that it is its intention to acquire said Interests in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. If any of the area of the Interests has been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Section 1240.610, or at the very least will not unreasonably interfere with or impair the continuance of the public use as it exists or may reasonably be expected to exist in the future pursuant to Code of Civil Procedure, Section 1240.510. SECTION 4. The Interests, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, are located within the County of Ventura, State of California. SECTION 5. The City Attorney and the firm of Burke, Williams & Sorensen, LLP, as special counsel, under the direction of the City Attorney, are authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of the Interests, including filing of an application for an order of immediate possession prior to judgment. Resolution No. 2008 -2762 Page 4 SECTION 6. This resolution shall be effective immediately upon its adoption. SECTION 7. The City Clerk shall o the adoption of this resolution and shall cause a certified resolution to b ed in the boQk of original resolutions. PASSED AND ADOPTE)6 this 5th day of Noverober, 2008. untei; ATTEST: Maureen Benson, Assistant City Clerk Exhibit 1: Legal Description Exhibit 2: 40 -Foot Public Road Easement and Slope Easement Resolution No. 2008 -2762 Page 5 EXHIBIT 1 LEGAL DESCRIPTION THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VBNTRUA; STATE OF CALIFORNIA, AS PER MAP FILED IN 1300K 3 PA099 T. OF MISCELLANEOUS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; STRIP 1 BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147 FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00'01'58" EAST, 1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89'58'02" WEST, 20.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE, THE FOLLOWING SEVEN (7) COURSES: 1) NORTH 89'58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 84,00 FEET; 2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70'59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70'5T 1(r WEST; 3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF S7.1x01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL 'B' OF INSTRUMENT NO, 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558; 4) ALONG SAID PARALLEL LINE, SOUTH 76.14'51" WEST, 833.49 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 137.00 FEET; 3) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153,14 FEET; 6) NORTH 39'42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 14 6.00 FEET; 7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN. THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 6. Resolution No. 2008 -2762 Page 6 LEGAL DESCRIPTION TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND. TOGETHER WITH PARCEL ''A" BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 00 001'58" EAST, 4.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC LENGTH OF 8.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID STRIP 1; THENCE ALONG SAZ NORTHERLY LINE, SOUTH 89 °58'02" EAST, 4.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH PARCgL "B" BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 00'01'58" WEST, 4.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4,00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 90 °00'00" AN ARC LENGTH OF 8,28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4.00 FEET TO THE TRUES POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS. THE AGAVE. LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B' AND IS MADE A FART HERI<OF FOR REFERENCE PURPQSES. > >6 DUART, JOHN $MEXP. , aeTENSE 1"XPIRES 12/31/09 TE PREPARED: 03105f08 Resolution No. 2008-2762 Page 7 EXHIBIT 2 40-FOOT PUBLIC ROAD EASEMENT AND SLOPE RANNUENT LEGEND emtrmo LOT LINE - , - WRAammm-m CINTMI'l ALIS ACCESS ROAD CASEMENT mir.TnMw SLOPE EASEMENT SEE DETAIL SCALE: 1"-250' ----------- EASVING EASEMENT SHEET ON SHEET 2 W70*37'10*W TR 0.B. -STRIP I 'TART- NW4V2r'* :.EktE o -1 V Im I L2 f STRIP I , Ot ?V- 20,00' lop NA JHCRLY UNC W PARS: 'Is OF M. T, NO, 11111 ltv_ IN w 2141 " sm 60 1 CILY Uhl or " valIlli of W, 1/1 W Tfc of 'TSA oo 1, sx, 114 wc, 0 otm 0'4`04 11 1 li R., It W, %tl A4W T. I W, k is W, t Mae"AVWU9 ym 11111111160", "MrIGN, amr, - , - WRAammm-m _ - - AM ALIS 111111(aft mir.TnMw mrrr-7m w I �N WMWina wisk-na InAm U MM �_ -�l KWVn, 0 ou Ron" Camdo* b& ACCESS ROAD EASEMENT RE-ALIGNMENT t I CITY OF MOORPARK, CALIFORNIA 1L @"A Resolution No. 2008 -2762 Page 8 N.T.S. 46 -FOOT PUBLIC ROAD EASEMENT OETAIL f �I �cl L2 STW 1 Az' -" LIN€ TABLE LINE BEARING LENGTH L1 Q2 W ' L W Ca L3 N t 4 , L4 'Q "E 4. LS 01'58"0 4.QQ' LS 2 '0 W 4,M t P.M8. I PM "A" i U� P.0.0. -IPCL "a" LEGEND ^^- - - PASTING LOT UNE - - CENTERLINE ACCESS ROAD €AWMENT ----------- CASTING EASEMENT CURVE TABLE CURY§ DELTA RADIUS LENGTH C1 4m,06 64.00 1Q4. 7' Ca 1 4*ovR' 17 im " 4. d ACCESS ROAD EASEMENT RE-ALIGNMENT QRC e"�' I CITY OF MOMPARK, CAUFORNIA m. �a wwa� rua a an rnq w-wo Resolution No. 2008 -2762 Page 9 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2008 -2762 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of November, 2008, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin, and Van Dam NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 19th day of November, Maureen Benson, Assistant City Clerk (seal)