HomeMy WebLinkAboutAGENDA REPORT 1994 0202 CC REG ITEM 09C 7 Y. I�
ITEM 96 Cs •�'
AGENDA REPORT ;V2 =
CITY OF MOORPARK =7 19 �!
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TO: THE HONORABLE CITY COUNCIL ['✓ i _
FROM: Dirk Lovett, Assistant City Engineer
DATE: January 24 , 1994 (Council Meeting of February 2 , 1994)
SUBJECT: Public Hearing to Consider Vacation of a Portion of
Science Drive
Vacation No. V-94-1 (Affects Parcel Map No . 3828)
OVERVIEW:
This item asks the City Council to conduct a Public Hearing on the
matter of its previously declared intention to vacate a portion of
Science Drive. At this hearing all interested persons shall be
heard and the evidence considered regarding the matter.
If, after closing the public hearing and considering the evidence
presented, the City Council finds it appropriate, it is then
necessary for the Council to consider a Resolution ordering the
vacation of a portion of Science Drive.
This item does not contain such a resolution for the Council' s
consideration. Due to certain present circumstances (See
Discussion) and without prejudice such a resolution to vacate is
more appropriate at a future date.
BACKGROUND
On September 14, 1993 the City Council approved Industrial Planned
Development Permit No. 93-1 providing for the development of
Parcels 5, 6 and 7 of Parcel Map 3828 . The proposed development
showed the realignment of a portion of the cul-de-sac of Science
Drive. To effect the development as approved requires the
vacation of a portion of the existing right-of-way of Science
Drive and acceptance of an offer of dedication, for street and
highway purposes, of a portion of the adjacent property (Parcel 7) .
On January 5, 1994 the City Council approved Resolution No. 94-996
declaring its intention to vacate a portion of Science Drive and
setting forth February 2, 1994 at 7 :00 P.M. in the Community
Center as the time, date and place for a public hearing on the
matter.
Page 1 of 5
On January 20, 1994 and January 27 , 1994 notice of the vacation
and the date, hour and place of the public hearing was published
in the Moorpark News Mirror in conformance with the resolution of
intention and §8340 of the Streets and Highways Code.
On January 18, 1994 notice of the vacation and the date, hour and
place of the public hearing was posted along the line of the
street in conformance with the resolution of intention and §8341
of the Streets and Highways Code.
In accordance with §8346 and §8347 of the Streets and Highways
Code public utilities on the City's index of requests for notice
of vacation proceedings have been given written notice.
As required by § 65402 of the Government Code, no street shall be
vacated until the Planning Commission has reported on the proposed
location, purpose and extent as to conformity with the Moorpark
General Plan. By Planning Commission Resolution No. 286, adopted
at its meeting of December 6, 1993 , this proposed vacation was
found to be in conformance with the Moorpark General Plan.
As required by § 2381 of the Streets and Highways Code rights-of-
ways established for other purposes shall not be abandoned unless
the governing body (City Council) determines that the rights-of-way
are not useful as a non-motorized transportation facility. The
Planning Commission considered this at the time it studied
conformity with the Moorpark General Plan. It found and, in its
Resolution No. 286, recommended to the City Council to find that
the proposed vacation was not necessary for a non-motorized
transportation facility.
The applicant/owners (G & S Partnership) of Parcels 5, 6 and 7 had
previously requested to adjust the common property line between
Parcels 5 and 6 and the common line between Parcels 6 and 7 . Lot
Line Adjustment No. 93-8 moved these lines to a new and common
location. This lot line adjustment was approved and recently
recorded. This fact is presented here for information, but has no
material effect on these vacation proceedings.
DISCUSSION:
This vacation proceeding is undertaken in accordance with Division
9, Part 3 (Public Streets, Highways, and Service Easements Vacation
Law) , of the Streets and Highways Code (commencing with § 8300 et
seq. ) which provides a procedure and requirements for vacating
streets .
Subsequent to its declaration of intention to vacate and prior to
ordering this vacation the legislative body is required to conduct
Page 2 of 5
a Public Hearing on the matter. Upon hearing testimony and
receiving evidence at the hearing the Council must then consider
the evidence and make certain findings of fact after which it may
adopt a resolution of vacation.
Findings of Fact :
• the street, highway or public service easement is unnecessary
for present or prospective public use.
• the right-of-way is not useful as a non-motorized
transportation facility.
The portion of Science Drive proposed to be vacated was,
generally, described in Resolution No. 94-996 (Resolution of
Intention) and is more particularly described in Exhibit "A" .
This area is further shown as "Proposed Street Vacation" in
Exhibit "B" .
As there are existing public service and utility facilities within
the area proposed to be vacated, the owners and/or operators have
been advised of this request to vacate. Responses have been
received from all . No agencies or companies have indicated that
they object to such vacation. However, all have indicated that if
the existing right-of-way is vacated they desire that the City
retain suitable public service easements for their existing
facilities, if satisfactory arrangements cannot be made regarding
removal or relocation of existing facilities . The requestor of
this vacation action has indicated that efforts are in progress to
arrange for the relocation of all existing facilities, which if
accomplished to the satisfaction of the respective agency or
utility company would negate any need to reserve a public service
easement . To date no evidence has been received from these
utilities indicating that satisfactory arrangements have been
made. Without such clearance staff would be required to recommend
that a public service easement be reserved from any vacation.
This issue is the only reason that staff has not brought, at this
time, before the Council, for its consideration, a Resolution of
Vacation. While it is possible to reserve, from the vacation, a
public service easement for the use of the utilities, the extent
of (the entire area proposed to be vacated) and restrictions
imposed by such reservation do not clear the land sufficiently to
allow development as approved. Consideration of the Resolution of
Vacation can be scheduled for the earliest Council meeting after
appropriate evidence is returned from all utility companies
indicating that there is no longer a need to reserve a public
service easement.
The owner of Parcel 7 (Parcel B of Lot Line Adjustment) has agreed
to grant the public an easement for street and highway purposes
Page 3 of 5
over portions of its property as necessary to construct an
equivalent street facility (cul-de-sac) and provide for all public
street and highway uses. The draft Road Deed is attached as
Exhibit "C" . This area is further shown as "Proposed Street
Dedication" in Exhibit "B" . This Road Deed has been approved by
the City Engineer, but has not been executed by the Grantor. This
requirement would be a condition of this vacation.
The cul-de-sac, as shown in the exhibits, is designed to the
satisfaction of the City Engineer. The legal descriptions of both
that area proposed to be vacated(to be included in the Resolution
of Vacation) and that area to be dedicated(included in the draft
Road Deed) are approved by the City Engineer.
The concept drawings conditionally approved with the IPD Permit
show the roadway terminating with "enriched" pavement, landscape
and hardscape elements. The final design approved by the City
Engineer does not include these "enriched" elements within the
dedicated public right-of-way. The design for the cul-de-sac
conforms to current City standards regarding geometry, details and
construction materials for cul-de-sacs in Industrial/Commercial
zones. The approved design is functionally equal to that which is
existing.
The entrance turn-around that was shown on the approved concept
drawings and the "enriched" pavement, landscape and hardscape
elements are being retained in the site design within private
property. The relationship of these on-site improvements to the
proposed vacation and the approved cul-de-sac design is shown in
Exhibit "D" .
Access to the site (private property) is from the cul-de-sac (public
street) via a modified City standard driveway approach. This
modification departs from the City standard in that the sides of
the driveway approach transition to street curb through a curve.
As the proposed street improvements have not yet been made their
construction (and removal of existing improvements) would be
included as a condition of this vacation. This was also a
condition of the IPD Permit approval.
Within the area proposed to be vacated there exist City storm
drain facilities . The removal and relocation of these facilities,
to the satisfaction of the City Engineer would be included as a
condition of this vacation.
Page 4 of 5
RECOMMENDATION:
1 . Conduct the Public Hearing regarding intention to vacate a
portion of Science Drive, and;
If after conducting the Public Hearing and considering the
evidence and testimony none is heard to cause the proceedings
to be dropped, then continue the Public Hearing, to allow
testimony by the affected utilities and others, to a date
certain as follows:
Date February 16, 1994
Time 7 : 00 P.M.
Place Community Center
799 Moorpark Avenue
City of Moorpark, California
and;
2 . direct staff to prepare and bring before the City Council a
Resolution of Vacation, at the earliest possible time after
those issues relating to public utilities and the reservation
of easements are resolved to the satisfaction of the Director
of Community Development and the City Engineer.
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Page 5 of 5
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LEGAL DESCRIPTION
OF
A PORTION OF SCIENCE DRIVE TO BE VACATED
EXHIBIT "A"
That portion of Science Drive located southerly of Parcel
4 and 5, westerly of Parcel 6 and northerly of Parcel 7,
Parcel Map No. 3828 in the City of Moorpark, County of
Ventura, State of California, as shown on map filed in
Book 38 , Pages 1-5 inclusive and as amended in Book 38
Page 39, both of Parcel Maps in the office of the County
Recorder of said county being described as follows:
Beginning at the most southwesterly corner of Parcel 5, of
said Parcel Map being also a point on the northerly Right-
of-Way of Science Drive as shown on said Parcel Map being
also a point on the northerly Right of Way of Science Drive
as shown on said Parcel Map, which right-of-way line is shown
having a radius of 575. 00 feet concave to the Southeast;
thence, along the right-of-way of Sciece Drive.
1st: Southeasterly, along said curve, through a central
angle of 04 Degrees 21 Minutes 54 Seconds an arc
distance of 43 . 81 feet, to the beginning of a 95. 00
foot radius reverse curve, concave to the North, a radial
to said beginning bears South 26 Degrees 53 Minutes 52
Seconds West; thence
2nd: Easterly, along said curve, through a central angle
of 20 Degrees 00 Minutes 00 Seconds an arc distance
of 33 . 16 feet; thence
3rd: South 83 Degrees 06 Minutes 08 Seconds East a
distance of 33 . 79 feet to the beginning of a 45. 00
foot tangent curve, concave to the West: thence
4th: Easterly, southerly and westerly along said curve,
through a central angle of 220 Degrees 00 Minutes 00
Second an arc distance of 172 . 79 feet; thence
5th: North 43 Degrees 06 Minutes 08 Seconds West a
distance of 33 . 79 feet to the beginning of a 95.00
foot radius tangent curve, concave to the Southwest;
thence
6th: Northwesterly, along said curve, through a central
angle of 20 Degrees 00 Minutes 00 Seconds an arc
distance of 33 . 16 feet, to the beginning of a 525. 00
foot radius compound curve, concave to the Southwest, a
radial to said beginning bears North 26 Degrees 53
Minutes 52 Seconds East; thenceEXI418 IT " A-
N '
7th: Northwesterly, along said curve, through a central
angle of 03 Degrees 13 Minutes 14 Seconds an arc
distance of 29.51 feet, to the beginning of a 55. 00
foot radius non-tangent curve, concave to the Southwest,
a radial to said beginning bears South 74 Degrees 32
Minutes 09 Seconds East; thence departing from said
right of way line of Science Drive.
8th: Northwesterly, along said curve, through a central
angle of 87 Degrees 47 Minutes 45 Seconds an arc
distance of 84 .28 feet, to the beginning of a 575. 00
foot radius cusp curve, concave to the South, said
beginning also being a point in the northerly right-
of-way of Science Drive a radial to said beginning
bears North 17 Degrees 40 Minutes 06 Seconds East
thence
9th: Easterly, along said curve, being also along the northerly
right-of-way line of Science Drive through a central angle
of 04 Degrees 51 Minutes 52 Seconds an arc distance
of 48 .82 feet to the Point of Beginning.
Prepared By:
South Bay Engineering Corporation
304 Tejon Place
Palos Verdes Estates, California 90277
Raymond L. Quigley RCE 7191 / , ,� '
1/14/94 L, 42, 6 iY
VUE VACAT.lst
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RECORDING REQUESTED BY
CITY OF MOORPARK
WHEN RECORDED MAIL TO
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
ROAD DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE GRANTOR, G &S Partnership a California General Partnershio , hereby grants to
the City of Moorpark, a municipal corporation, an easement for public road and highway purposes
• over, in, under, through, across, and along that certain real property situated in the City of
Moorpark, County of Ventura, State of California, described as follows:
See Exhibit °A" attached
It is understood that each undersigned Grantor grants only that portion of the described land in
which said Grantor has an interest.
GRANTOR SIGNATURE TITLE GRANTOR SIGNATURE TITLE
Date Date
APPROVED:
Charles H. Abbott, City Engineer
Date
EV� iBsT Vic
NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form.
CERTIFICATE OF ACCEPTANCE
NOTICE IS HEREBY given by the City of Moorpark in the County
of Ventura, State of California, as follows:
1. That on the day of , 19_, the
2oAp Def, from '
was accepted by the. City
Council of the City of Moorpark.
2. That the name of the political subdivision accepting
said erAD Dr[ua is the City of Moorpark, in
the County of Ventura, State of California, whose
address 799 Moorpark Avenue, Moorpark, California,
93021.
3. That the City Clerk of the City of Moorpark is
authorized to accept and consent to the recordation of
any deed or grant conveying any interest in or easement
upon real property to said City which the City Council
has approved pursuant to Resolution No. 85-163 which
was duly recorded with the County Recorder of Ventura
County.
City of Moorpark
City Clerk
•, .•.� �!C'a r� 'Yr r.l a rY '•Mie r ., ,�..s.' Y. ,
LEGAL DESCRIPTION
OF
A PORTION OF SCIENCE DRIVE TO BE DEDICATED
EXHIBIT t'A"
That portion of Parcel 7, Parcel Map No.3808 in the
City of Moorpark, County of Ventura, State of California
as shown on map filed in Book 38, Pages 1-5 inclusive
and as amended in Book 38 Page 39, both of Parcel Maps
in the office of the County Recorder of said county
being described as follows:
Beginning at the most southwesterly corner of Parcel 5,
of said Parcel Map being also a point on the northerly
Richt-of-Way of Science Drive as shown on said Parcel Map
which right-of-way line is shown having a radius of 575.00
feet concave to the Southeast, thence in a radial to said
point bears North 22 Degrees 31 Minutes 58 Seconds East,
thence in a direct line to a point on the southerly Right
of Way line of Science Drive, having a radius of 525. 00 feet
concave to the South, said direct line bears South 87 Degrees
57 Minutes 08 Seconds West a distance of 192. 18 feet to the
True Point of Beginning, a radial to said beginning bears
North 03 Degrees 05 Minutes 20 Seconds East; thence
1st: Easterly, along said curve, being also along the southerly
Right-of-Way line of Science Drive through a central angle
of 20 Degrees 35 Minutes 18 Seconds an arc distance of
188. 65 feet, to the beginning of a 55.00 foot radices non-
tangent curve, concave to the North, a radial to said
beginning bears South 74 Degrees 32 Minutes 09 Seconds East;
thence departing from said Right-of-Way line of Science
Drive.
2nd: Westerly, along said curve, through a central anile
of 138 Degrees 23 Minutes 28 Seconds an arc distance
of 132.85 feet, to the beginning of a 95. 00 foot
reverse curve, concave to the Southwest, a radial to
said beginning bears North 63 Degrees 51 Minutes 19
Seconds East; thence
3rd: Northwesterly, along said curve, through a central
angle of 60 Degrees 45 Minutes 59 Seconds an arc
distance of 100. 75 feet to the True Point of Beginning.
Prepared By:
South Bay Engineering Corporation
304 Tejon Place
Palos Verdes Estates, California 90277
Raymond L. Quigley RCE 7191
1/14/94 L42 , 6
VUE VACAT. lst
Page 1 of 1
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Proof of Publication This space is for the County Clerk's filing stamp.
In the matter of:
Fictitious Business Name Statement No:
STATE OF CALIFORNIA
County of Ventura
City of Moorpark
I am a citizen of the United States and a resident of the
county aforesaid; I am over the age of eighteen years,
and am not a party to or interested in the above entitled
matter. I am the principal clerk of the Moorpark News-
Mirror, a newspaper of general circulation published in
the City of Moorpark, County of Ventura, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Ven- NOTICE OF PUBLIC HEARING
THERE WILL BE .A PUBLIC
tura,State of California,under the date of April27, 1981. HEARING before.the City Council
at 7,00'p.m. on the 2nd day of
February. 1994.to be held in the
lic
Case Number SP49672, that the notice, of which the
Community to co slider the Ver at the ACA-
TION of a PORTION ol SCIENCE
annexed is a printed copy (set in type not smaller that DRIVE. All persons.interested it
the proposed vacation may appeal
nonpareil), has been published in each regular.and and be heard. -
On January 5, 1994 the City
entire issue of said newspaper and not in any supple- Council of the City of Moorpa4
adopted Resolution No. 94-996,a
ment thereof on the following dates, to wit; Resolution of Intent to Vacate a
Portion of Science Drive. A map
indicating the location of the street
to be vacated or abandoned ins
shown below.For mored action,regarding this intended action,
a4414,19
�7 please contact the City Clerk ol
the City of.1Mi 4 iv✓J Moorpark.
Dated: 1-13-94
/s/Lillian E.Hare
/-/ City Clerk
all in theyear 19 7 / Moorpark News-Mirror
Published January 20,1994
30162476
I certify (or declare) under penalty of perjury that the . 'r'I
foregoing is true and correct.
fDated at Moorpark, Calittt000rnia, �, AI I t
this �7 day of .�-+�. ,19 y iE
/9. a i F , `v lrae
ature
MOORPARK NEWS-MIRROR30;62476
530 Moorpark Avenue
Suite 180
P. O. Box 775
Moorpark, CA 93021
•
Southern California Edison Company
P.0.Box 4757
10060 TELEGRAPH ROAO
VENTIJRA,CALIFORNIA 93007
NORTHERN REGION
LAND SERVICES DIVISION
REAL PROPERTIES ANO ADMINISTRATIVE SERVICES
Michael D. Myers, P.E. August 30, 1993
City of Moorpark
799 Moorpark Ave.
Moorpark,CA 93021
Dear Mr. Myers:
SUBJECT: Request for Reservation of Easement
Proposed Vacation of a Portion of Science Drive,
northerly of Los Angeles Avenue
•
Southern California Edison Company, a public utility, regulated by the California Public
Utilities Commission, has the following facilities in-place and operating within the area to be
vacated.
That portionn-of Science Drive as shown on the attached map.
These facilities are dedicated to public use and are used and useful for the
transmission/distribution of electric energy to the public.
Therefore pursuant to Section 8340C of the Public utilities Code, Southern California Edison
Company hereby requests the reservation of easements and rights that are necessary to
maintain, operate, replace, remove, or renew said facilities in an area to be described as
follows:
All that area designated and delineated on the Exhibit "A" map attached hereto and
made a part hereof.
The consideration of this request as a part of the Resolution of Vacation will be greatly
appreciated. When the matter has been approved, please send a copy of the recorded
Resolution of Vacation to:
Southern California Edison Company
Real Properties and Administrative Services
P.O. Box 4757
Ventura,CA. 93007
Sincerely,
Christina Bradley
City Area Manager
CB:ew
cc: Facilities Mapping Supervisor
• AREA TO BE RESERVED
FOR SOUTHERN CALIFORNIA EDISON
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EXHIBIT " A "
A PORTION OF SCIENCE DRIVE, NORTHERLY OF LOS ANGELES AVE.,
IN THE CITY OF MOORPARK