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HomeMy WebLinkAboutRES RD 2001 95 2001 0117RESOLUTION NO. 2001 -95 A RESOLUTION OF THE REDEVELOPNMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS 203 EAST LOS ANGELES AVENUE; APN 512 -0 -121 -045 AND; 213 EAST LOS ANGELES AVENUE; APN 512 -0- 121 -065, AS THE SAME IS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" and "B" ATTACHED HERETO AND INCORPORATED HEREWITH WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") made an offer to Steven A. Valenza ( "Owner ") on December 11, 2000, to purchase property for $265,000; and WHEREAS, said offer of $265,000 represents the full amount determined to be just compensation for the property and improvements; and WHEREAS, said offer is not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, as of December 22, 2000, Owner did not accept the Agency's offer; and WHEREAS, the Agency then notified Owner on December 23, 2000, of a hearing, to be held not less than fifteen (15) days from the date of said notification, on January 17, 2001, at which time a Resolution of Necessity to acquire the property by eminent domain would be considered; and WHEREAS, Owner has not waived the fifteen (15) day notification period and has acknowledged the City's intent to hold said hearing at 6:30 p.m. on January 17, 2001 in the manner provided in the Notice of Hearing. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Moorpark (hereafter "Agency "), after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the January 17, 2001 meeting of the Agency hereby finds, determines and declares as follows: Resolution No. 2001 -95 Page 2 1. That the public interest and necessity requires the widening of Los Angeles Avenue and the elimination of blighted, underdeveloped or inappropriately developed property; 2. That the above described improvements are planned and located in a manner that will be most compatible with the greatest public good and the least private injury; 3. That the real property described above is necessary for the proposed project; 4. That the proposed project is consistent with the Redevelopment Plan adopted by the legislative body; 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 said offer has not been accepted by said owner. SECTION 2. The real property that is the subject of this resolution and is to be taken by the Redevelopment Agency consists of 203 East Los Angeles Avenue; APN 512 -0 -121 -045 and; 213 East Los Angeles Avenue; APN 512 -0 -121 -065 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 3. The public use for which the above - described property is to be taken is the construction of street improvements to widen Los Angeles Avenue and for affordable housing purposes. The Redevelopment Agency 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 Section 33391 (b) of the Health and Safety Code and Section 403 of the Redevelopment Plan. SECTION 4. 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 or, in the alternative, a more necessary public use. Resolution No. 2001 -95 Page 3 SECTION 5. The Agency's Attorney and the firm of Burke, Williams and Sorenson are hereby authorized and directed to prepare, institute, and prosecute in the name of Redevelopment Agency 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 6. The Agency Secretary 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 Agency Board of Directors. SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 17th day of January 2001. ATTEST: trick Hunt /er, Chair P MEA/F ESTABLISHED C.c Deborah S. Traffenstedt MARCH 18,1987 Agency Secretary Attachments: Exhibit "A" Map Exhibit "B" Legal Description Resolution No. 2001-95 Page 4 EXHIBIT A MAP Atap I of Tract 0 of ftorpork Sub. p*. Skrj; RU &V pg 13 Walnut Acres Sub..RU OIL 22 ft 791 Ro. Sioni RM Sk. 3 Pg. 7 P-cw ftwv & ary OF MOOR Assessor's AMP SkSIZ Pg. 6wty of Venturo'cour. The Information Provided Is Deemed Reliable, But Is Not Guaranteed. PROPERTY ©t 43 ll 41 st ST M SS w a -_® (D 1125 • — f0 k 44 1 gs M 1 44 04 44 1 44 40 fL- �,7 @ Atap I of Tract 0 of ftorpork Sub. p*. Skrj; RU &V pg 13 Walnut Acres Sub..RU OIL 22 ft 791 Ro. Sioni RM Sk. 3 Pg. 7 P-cw ftwv & ary OF MOOR Assessor's AMP SkSIZ Pg. 6wty of Venturo'cour. The Information Provided Is Deemed Reliable, But Is Not Guaranteed. PROPERTY Resolution No. 2001 -95 Page 5 EXHIBIT B Legal Description PARCEL 1: THOSE PORTIONS OF BLOCK 14 AND BARD STREET (NOW ABANDONED), AS SHOWN ON THE MAP ENTITLED "MAP NO. 1 OF TRACT "O" OF MOORPARK SUBDIVISION OF RANCHO SIMI ", IN THE CITY OF MOORPARK, AS PER MAP RECORDED IN BOOK 8 PAGE(S) 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AS "NOT A PART OF THIS SUBDIVISION" ON THE MAP OF WALNUT ACRES SUBDIVISION, RECORDED IN BOOK 22 PAGE 70 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED IN THAT CERTAIN JUDGEMENT REFORMING DEED RENDERED SEPTEMBER 21, 1955 IN VENTURA COUNTY SUPERIOR COURT CASE NO. 44625, A CERTIFIED COPY THEREOF RECORDED SEPTEMBER 21, 1955 AS INSTRUMENT NO. 39481 IN BOOK 1338 PAGE 5 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY THE FINAL ORDER OF CONDEMNATION RECORDED APRIL 22, 1971 IN BOOK 3805 PAGE 874 OF OFFICIAL RECORDS. ALSO EXCEPT ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID REAL PROPERTY WHICH SUBSTANCES LIE BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE THEREOF FOR THE PURPOSE OF PROSPECTING FOR AND REMOVING ANY OF SAID SUBSTANCES, AS RESERVED BY MILLARD L. CORNETT IN DEED RECORDED JUNE 2, 1955 AS INSTRUMENT NO. 20302 IN BOOK 1295 PAGE 348 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF BLOCK 14, AS SHOWN ON THE MAP ENTITLED "MAP NO.1 OF TRACT "0" OF MOORPARK SUBDIVISION OF RANCHO SIMI" IN THE CITY OF MOORPARK, AS PER MAP RECORDED IN BOOK 8 PAGE (S) 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT THEREON NORTH 890 55' EAST 60 FEET FROM THE INTERSECTION OF SAID NORTH LINE WITH THE CENTERLINE OF BARD STREET AS SAID AVENUE AND STREET ARE SHOWN ON SAID MAP; THENCE ALONG THE NORTH LINE OF SAID AVENUE, 1ST - NORTH 890 55' EAST 60 FEET; THENCE PARALLEL WITH SAID CENTERLINE OF BARD STREET; 2ND - NORTH 00 01'30" EAST 120 FEET; THENCE 3RD - SOUTH 890 55' WEST 60 FEET; THENCE LEGAL DESCRIPTION CONTINUED... 4TH - SOUTH 00 01'30" WEST 120 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY THE FINAL ORDER OF CONDEMNATION RECORDED APRIL 22, 1971 IN BOOK 3805 PAGE 874, OFFICIAL RECORDS. Resolution No. 2001 -95 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2001- 95 was adopted by the Redevelopment Agency of the City of Moorpark at a meeting held on the 17th day of January, 2001 and that the same was adopted by the following vote: AYES: Agencymembers Harper, Mikos, Millhouse, Wozniak and Chair Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of January, 2001. Deborah S. Traffenstedt, Agency Secretary (seal) ? MENT ESTABLISHE MARCH 18, 1967 OF