HomeMy WebLinkAboutAGENDA REPORT 1994 0119 CC REG 09B 2ys', 2
ITEM 9.
AGENDA REPORT
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TO: The Honorable City Council 0' "�'"�
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FROM: Kenneth C. Gilbert, Director of Public Works
DATE: January 11, 1994 (Council Meeting 1-19-93)
SUBJECT: Public Hearing of Eminent Domain Proceedings for
Acquisition of Certain Vacant Property Known as the Borick
Property Located at the East End of Fitch Avenue, said
Property Consisting of the Southerly 4.15± Acres of
Assessor's Parcel No. 512-0-150-515, Within the City of
Moorpark
OVERVIEW
This presents at a public hearing a Resolution of Necessity to
initiate eminent domain proceedings for the acquisition of certain
vacant property at the east end of Fitch Avenue for the purpose of
providing land for the construction of a Caltrans Maintenance
Station.
BACKGROUND
The City, Caltrans and Carlsberg Development Company have been
working together over the past several months on efforts to effect
an exchange of property necessary to move the site for the
construction of the proposed new Caltrans Maintenance Station from
property located on the north side of New Los Angeles Avenue
adjacent to the Route 23 to the subject parcel of property located
at the east end of Fitch Avenue. One of the tasks related to this
effort is the acquisition of the subject property by the City.
DISCUSSION
A. Facts
1. The City made an offer on January 3 , 1994, to purchase
certain property known as the Borick property located at the
east end of Fitch Avenue, within the City of Moorpark,
California pursuant to the Section 7267 . 2 of the California
Government Code. The offer of $723,096 to Louis and Juanita
Borick represents the full amount determined to be just
compensation for the property and improvements.
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Borick Acquisition
January 1994
Page 2
2 . Although discussions have been amiable with the property
owner, a settlement agreement has not been reached for the
acquisition of the property and therefore the City must
initiate eminent domain proceedings at this time.
3 . On January 3 , 1994 , the City also notified the property owner
of the condemnation hearing to be held on January 19 , 1994 ,
regarding the parcel located at the east end of Fitch Avenue,
within the City of Moorpark, California.
B. Analysis
As to the findings of the proposed Resolution of Necessity, the
City staff have the following comments:
1. NECESSITY: The property to be acquired is necessary for
the proposed construction of a Caltrans Maintenance
Station to serve the area.
2. PUBLIC GOOD VERSUS PRIVATE INJURY: It has been determined
by the City and staff the public interest, convenience and
necessity require the acquisition of the property of the
fee interest in and to the property for the construction
of a Caltrans Maintenance Station; that the project is
planned and located in a manner that will be most
compatible with the greatest public good and least private
injury; and that the property to be acquired is necessary
for the project.
RECOMMENDATION
Staff recommends that, subsequent to the acceptance of comments
received at the public hearing and a review of all relevant facts,
the City Council adopt the Resolution of Necessity to initiate
eminent domain proceedings against the property known as the Borick
Property.
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