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Home My WebLink AboutAGENDA REPORT 1991 0306 CC REG ITEM 09A MOORPARK J EM 9• A • PAUL W. LAWRASON JR. Pk _< STEVEN KUENY DORPARK. CALIFORNIA poi►kL,. Mayor qty Co II MeetInQ F City Manager BERNARDO M. PEREZ / �� ', CHERYL J. KANE Mayor Pro Tern of Pi� City Attorney ACT•N: L.!:/� SCOTT MONTGOMERY %/— n' � �• \v PATRICK RICHARDS,A.I.C.P. n Councilmember o9�� o Director of JOHN E. WOZNIAK � — < Community Development Councilmember )0,4 ° JOHN F. KNIPE LILLIAN KELLERMAN By S --a ' City Engineer City Clerk JOHN V. GILLESPIE Chief of Police RICHARD T. HARE MEMORANDUM City Treasurer TO: The Honorable City Council �/�//Q� FROM: Kenneth C. Gilbert, Director of Public Works /l DATE: February 25, 1991 (Council Meeting 2-6-91) SUBJECT: Resolution to Vacate Brookwood Drive Vacation No. V-91-1: Brookwood Drive (Tract Nos. 4342-1 & 4342-5) OVERVIEW This presents for adoption a resolution vacating Brookwood Drive. DISCUSSION A. Prior Actions On November 19, 1990, the City of Moorpark Planning Commission adopted Resolution No. PC-90-225 approving CPD90- 2, LDM90-2, PC-3 Major Mod. No. 3 and Zone Change No. 90-3. That action approved a major redesign of the Neighborhood Commercial Center to be constructed at the northwest corner of Tierra Rejada Road and Mountain Trail Drive. The redesign included the deletion of dedicated streets on the north and west sides of the center. On December 19, 1990, the City Council concurred in that action by adopting Resolution No. 90-729. The subject street vacation is necessary in order to effectuate those prior actions. B. Conformance with General Plan Section 65402 of the California Government Code states that prior to the disposition of any public property (including the vacating of a public street) the Planning Commission must report on the conformity of such action with the City's General Plan. The above described action of the Planning Commission satisfies this requirement. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 Street Vacation: Bookwood Drive March 6, 1991 Page 2 C. Resolution of Intent On February 6, 1991, the City Council adopted Resolution No. 91-736, stating its intent to proceed with the vacation of Brookwood Drive. Said Resolution called for a public hearing to be held on March 6, 1991 , to hear any objections to this proposed action. D. Notification The Resolution of Intent was published as required by Section 8322 of the Streets and Highways Code of the State of California. It was also published in the manner prescribed for the publishing and posting of Resolutions in the City of Moorpark. In addition, notices of the street vacation were posted along the line of the street to be vacated in the manner prescribed in the Streets and Highways Code. RECOMMENDATION Adopt the attached Resolution (Exhibit 1) vacating Brookwood Drive. 6 RESOLUTION NO. 91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING BROOKWOOD DRIVE IN THE CITY OF MOORPARK Vacation No. V-91-1 WHEREAS, Brookwood Drive has been dedicated to the City for public street purposes via the recordation of Tract Nos. 4342-1 & 4342-5; and, WHEREAS, subsequent to said recordation, the design of the circulation system for the properties to be served by said street have been significantly amended (ref: CPD90-2, LMD90-2, Pc-3 Major Mod No. 3 and ZC 90-3) ; and, WHEREAS, said amended circulation system no longer requires and does not include the public street identified as Brookwood Drive on said Tract Maps; and, WHEREAS, on February 6, 1991, the City Council duly passed and adopted Resolution No. 91- 736 declaring its intention to vacate Brookwood Drive in the City of Moorpark; and, WHEREAS, said Resolution referred to certain maps and reports on file in the Office of the City Clerk of the City of Moorpark, for further particulars with reference to said proposed street vacation; and, WHEREAS, said Resolution fixed 7:00 P.M. on the 6th day of March, 1991, in the Community Center at 799 Moorpark Avenue in the City of Moorpark, California, as the time and place for hearing persons interested in or objecting to the proposed vacation, and the date of the hearing was not less than fifteen (15) days from the date of the passage of said Resolution; and, WHEREAS, said Resolution was duly published as required by Section 8322 of the Streets and Highways Code of the State of California and in the manner prescribed for the publishing and posting of Resolutions of the City of Moorpark; and, WHEREAS, notice of this street vacation were also duly posted conspicuously along the line of said street to be vacated, at least ten (10) days prior to the date set for said hearing, which were posted not more than three hundred feet (300' ) apart and were not less than three (3) in number with respect to said street , and which notices set forth the passage of said Resolution of Intention and the time and place of hearing; and, ElAA. 1 ( 2dl1 Resolution No. 90- _ Page 2 WHEREAS, on March 6, 1991, at 7:00 P.M. , in the Community Center at 799 Moorpark Avenue in the City of Moorpark, California, the City Council held said hearing and received and considered the evidence with respect thereto; and, WHEREAS, the vacation of said street was duly reviewed and approved by the Planning Commission of the City of Moorpark as being in conformance with the Moorpark General Plan; and, WHEREAS, said hearing was duly closed and evidence duly considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the land described in Resolution No. 90 - 736 is unnecessary for present or perspective street purposes. SECTION 2. That said land identified as Brookwood Drive which is hereby vacated, is more particularly described and shown in Exhibits "A" & "B" attached hereto and made a part hereof. SECTION 3. That the City Clerk is authorized and directed to cause a certified copy of this Resolution, duly attested by said City Clerk, to be recorded in the Office of the County Recorder of the County of Ventura, California. PASSED, APPROVED AND ADOPTED this 6th day of March, 1991. Mayor, City of Moorpark, California ATTESTED: City Clerk EXHIBIT "A" 1 ( J4) LEGAL DESCRIPTION • RIR BRDDKWWDDRNE VACATION THAT PORTION OF TRACT 4342-1 IN THE CITY OF MOORPARK,COUNTY OF VENTURA, STATE OF CALIFORNIA RECORDED IN BOOK 116 PAGE 54 OF MISCELLANEOUS RECORDS (MAPS)OF SAID COUNTY AND A PORTION OF TRACT 4342E IN SAID CITY,RECORDED IN BOOK 116 PAGE 74 OF MISCELLANEOUS RECORDS(MAPS)OF SAID COUNTY. 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