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HomeMy WebLinkAboutAGENDA REPORT 1991 0109 CC REG ITEM 09DMOORPARK BERNARDO M. PEREZ MOORPARK, CALIFORNIA Mayor C11Y Cou cil Meeting SCOTT MONTGOMERYof / 1991 Mayor Pro Tern ELOISE BROWN ACTION: Councilmember CLINT HARPER, Ph.D. Councilmember By ,, PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk M E M O R A N D U M ITEM9.'D. STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works 76VL DATE: January 3, 1990 (Meeting of: 1 -9 -91) SUBJECT: Public Hearing of Eminent Domain Proceedings for Acquisition of Certain Property Known as the Northeasterly Corner of the "T° Intersection of Spring Road and Tierra Rejada Road, within the Southerly Environs of the City Of Moorpark, California This presents at a public hearing a Resolution of Necessity to initiate eminent domain proceedings for the acquisition of certain street right -of -way. DISCUSSION A. Facts 1. The City made an offer on December 71 1990 to purchase the parcel located at the northeasterly corner of the "T" intersection of Spring Road and Tierra Rejada Road, within the southerly environs of the City of Moorpark, California pursuant to Section 7267.2 of the California Government Code. The offer Of $36,000 to the Pacifica Corporation represents the full amount determined to be just compensation for the property and improvements. 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. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 City Council Resolution of Necessity Page 2 3. On December 20, 1990, the City notified the property owner of the condemnation hearing to be held on January 9, 1991, regarding the northeasterly corner of the "T" intersection of Spring Road and Tierra Rejada road, within the City of Moorpark, California. Notice of said hearing was also sent to Pacific Savings Bank (PSB) and to Resolution Trust Corporation (RTC) as parties having possible interest in these proceedings. B. Analysis As to the findings of the proposed Resolution of Necessity, City staff have the following comments: 1. NECESSITY: The property to be acquired is essential for the street widening project for Tierra Rejada Road. 2. PUBLIC GOOD VERSUS PRIVATE INJURY: It has been determined by the City and staff that the public interest, convenience and necessity require the acquisition of the property of the fee interest in and to the property for the street widening project; that the project is planned and located in the 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. REMMENDATION 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 knows as the northeasterly corner of the "T" intersection of Spring Road and Tierra Rejada Road, within the southerly environs of the City of Moorpark, California. RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO FOR PROPERTIES LOCATED AT THE NORTHEASTERLY CORNER OF THE "T" INTERSECTION OF SPRING ROAD AND TIERRA REJADA ROAD, WITHIN THE CITY OF MOORPARK, CALIFORNIA THE CITY OF MOORPARK does hereby resolve as follows: SECTION ONE: The CITY OF MOORPARK finds, determines and declares: (1) That the public interest, convenience and necessity require the acquisition by said City of the fee interest in and to certain hereinafter described real property for public street purposes and all uses appurtenant thereto; (2) That the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (3) That the taking of the interest in and to said real property as above described is necessary to such use and is authorized by Section 19, Article I of the California Government Code, Section 1240.010 et seq., of the California Code of Civil Procedure, and other applicable law; and, (4) That` the offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property to be acquired by the City and that said offer was rejected by the property owner. SECTION TWO: The CITY OF MOORPARK hereby declares that it is the intention of said City to acquire said property in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION THREE: That if any of the subject property has been appropriated to some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Resolution No. 90- Page 2 SECTION FOUR: Said real property hereinabove referred to the acquisition of which is required by said public interest, convenience, and necessity for the purposes set forth in Section One hereof, is located in the County of Ventura, State of California, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof. A map showing the general location of the property sought to be acquired in this proceeding is marked Exhibit "B" attached hereto and incorporated herein by reference and made a part hereof. SECTION FIVE: The City Attorney and the firm of Burke, Williams, & Sorensen are hereby retained as special counsel and are authorized and directed to prepare, institute, and prosecute in the name of the CITY OF MOORPARK such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of said real property described in Section Four. Said counsels are also authorized and directed to obtain an Order of Court granting to said City the right of immediate possession and occupancy of said property. SECTION SIX: The City Clerk shall certify the adoption of this resolution. SECTION SEVEN: This resolution shall be effective immediately upon its adoption. SIGNED AND ADOPTED this day of ATTEST: CITY CLERK CERTIFICATION: I HEREBY CERTIFY that the above foregoing was duly passed and adopted by the City of Moorpark at its adjourned regular meeting on the day of , 1990, by the following vote. AYES: NOES: ABSENT: ABSTAIN: CITY CLERK EXHIBIT "A" PACIFIC CORPORATION PROPERTY SPRING ROAD & TIERRA REJADA ROAD MOORPARK, CALIFORNIA LEGAL DESCRIPTION: That portion of Subdivision "1~" of the Rancho Sian, in the County of Ventura, State of California as per map recorded in Book 3, Page 7 of Maps, in the office of the County Recorder of said County described as follows: Commencing at the intersection of the southwesterly right of way of Moorpark Road 60.00 feet wide and the westerly line of said Subdivision "F" as shown on map of Tract No. 2865.1 recorded in Book 84, Pages 1 thru 9, inclusive, of Miscellaneous Records (Maps) Records of said County; thence along the right of way of said Moorpark Road South 390 59' 55" East 697.97 feet; thence North 860 52' 41" East 50.47 feet to the POINT OF BEGINNING; thence continuing along said right of way line. lst: North 860 52' 41" East, 170.72 to an intersection with a curve concave southeasterly and having a radius of 1847.00 feet, a radial line at said intersection bears North 190 43'28" West; thence 2nd: Westerly along said curve through a central angle of 41103' 6" an arc distance of 130.61 feet to a point of reverse curvature with a eutve concave Northeasterly and having a radius of 27.00 feet; thence 3rd: Northwesterly along said curve through a central angle of 860 09' 11" an arc distance of 40.60 feet to a point of reverse curvature with a curve concave westerly and having a radius of 1847.00 feet; thence 4th:. Northerly along said curve through a central angle of 00 56' 46" an arc distance of 30.50 feet to the POINT OF BEGINNING MINMAL F CEP'rrnnr All minerals and all oil, gas, asphaltum and other hydrocarbon substances lying below a depth of 500 feet from the surface of the herein described land are excepted. Said exception, however, shall be without the right to use the surface or to enter upon said land for any purpose above a depth of 500 feet measured vertically from the surface. 'l SQ IN L PACIFIC CORPORATION PROPERTY SPRING ROAD & TIERRA REJADA ROAD MOORPARK, CALIFORNIA EXHIBIT "B" Sub�e�t Parcel N ?� SO0. 39-54.