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HomeMy WebLinkAboutAGENDA REPORT 1991 0807 CC REG ITEM 09DITEM 9,1 Ze MOORPARK 799 Moorpark Avenue Mo 7rpark, Cahfornia 93021 M E M O R A N D U M TO: The Honorable City Counci FROM: Kenneth C. Gilbert, Director of Public Works DATE: July 23, 1991 (Council Meeting 8 -7 -91) (805) 529 -6864 OORPARK, CAUFORNL,� City Council Meeting SUBJECT: Resolution of Necessity, of for the Acquisition of 199 Right-of-Way on Los Angel t -s Avenue [East] ACTJON: lsii s� Overview This presents for adoption a resolution finding that the public interest and necessity require the acquisition of certain street right -of -way, and declaring the ri ~_.y's intent to acquire said property through condemnation. Background One of the projects to be constructed in the near future is the widening of Los Angeles Avenue east of Spring Road. One of the prerequisites to beginning this work is the acquisition of certain additional right -of -way on the south side of Los Angeles Avenue as shown on Exhibit 'B' of the attached Resolution. Discussion The property to be acquired is owned by Patrick Patton. The City has been unsuccessful in negotiating an acceptable purchase price for the subject right -of -way. In order to prevent further delays it is recommended that the City Council initiate eminent domain proceedings to acquire the property. Mr. Patton has been notified of this public hearing in accordance with the requirements of iecti.OTI 1245.235 of the Code of Civil Procedures of the State at California. Recommendation Staff recommends that the City <_ouncil adopt the attached resolution making certain finding., and declaring the city's intent to the subject property thrc>agh condemnation. PAUL W LAWRASON JR BERNAHDO M PI RI 7 SCUTI MGN' OY i TALL Y JR JOHN E 'NCZNIAK RESOLUTION NO. 91 - RESOLUTION 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 14110 LOS ANGELES AVENUE, WITHIN THE CITY OF MOORPARK, CALIFORNIA THE CITY OF MOORPARK does hereby resolve as follows: SECTION ONE: The CITY OF MOORPARK I "City ") 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 ( "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 the Property as above described is necessary to such use and is authorized by Section 19, Article I of the California Constitution, Section 40404 and 37350.5 of the California Government Code, Section 1.240.010 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: City hereby declares that it is the intention of the City to acquire said property in its name in accordance with the provision of the laws of the St ite of "al..ifornia with reference to condemnation procedures. SECTION THREE: That if any )f the subject property has been appropriated to some public use„ t.ne public use to which it is to be applied and taken under this pr(ceedinci is a more necessary and paramount public use. Resolution No. 91- Page 2 SECTION FOUR: Said 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 City of Moorpark, 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 City such proceeding:; in the proper court having jurisdiction thereof as may be ciecessary for the acquisition of said real property described in Section Four. Said counsels are also authorized and directed to c:btain an Order of Court granting to said City the right of immed ate 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 MAYOR , 1991 EXI 11 131 1' A." That portion of Lots 49, 50 and 51 of the rc -, abdivision of the Colonia Virginia Tract, in the City of Moorpark, County of Ventura, State of California, as shown on a map recorded in Book 20, page 33 of Maps, in the office of t' e County Recorder of said Ventura County lying between the southerly right of way liruc ,)f l ins 'Ange.les Avenue and the following described line: Beginning at a point which bears Soutl-, 28 °48'20' East 30.01 feet from the westerly terminus of the 6th course in the centerline of I os Angeles Avenue as described in the deed to Ventura County recorded in Book 150, Pa,-• • 21,) of Deeds; thence 1st: North 63 °30'27" East 213.71 feet to a 1) int which bears South 13 °48'02" East 45.02 feet from the easterly terminus of said ,th course in the centerline of Los Angeles Avenue and the beginning of a 500,0, t ioi -adiu, curve concave southerly; thence, along said curve, 2nd: Easterly an arc length of 25.22 feet !,hr( yl i cei�'ral angels of 2 °53'24" to a tangent line; thence, 3rd: North 66°23'51" East 275.10 feet to ti beginning of a 500.00 foot radius curve concave southerly; thence, along said ci rvc, 4th: Easterly an arc length of 192.02 feet thr� ion i central angle of 22 000'14" to a tangent line; thence, along said tangent line, 5th: North 88°24'05" East 130.50 feet to a pc nt in the southerly right of way line of said Los Angeles Avenue (50 feet wide), A; ich bears South 87°24'16" West 16.90 feet along said southerly right of way line min the westerly terminus of that certain 825.00 foot - radius -curve described „i <i i deed as having a length of 61.80 feet and a central angle of 4 °17'30 ". The area of the above described parcel of lan, is 2,176 ,quare feet, more or less. building to the rear of parcels 2 and 3' 56. That approved turn around areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 57. That all driveways shall have a minirnu n verticar clearance of 13 feet 6 inches (13' 6 "). 58. That if the subject parcel is not annexing to a Water Purveyor District, an acceptable private water system for fire protecti ?n shall Oe provided prior to combustible construction. 59. That if the subject parcel is within a Water Purveyor District, water mains capable of providing a fire flow of 1,000 GPM at 20 psi shall be installed from the public right of way, or from the Purveyor point of connection to the northwest property line of Parcel No. 4. the cost of engineering, installation and maintenance of these mains shall be that of the applicant of this division ( Parce Map). this improvement or provisions to guarantee its installation shall be comple'-,d prior to recordation. 60. Prior to combustible construction on any parcel, the water mains shall be extended to within 250 feet of the building site. a firi hydrant shall be installed at this location on the access road to the site and it shall be apable of providing the required fire flow. the owner of the combustible construct or7 rep ;pon� ;able for the cost of this protection installation. 61 . That prior to recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the puNeF ,r can p ovide the required fire flow for the project. 62. Fire hydrants shall be a minimum of a 6 = 4" x 2._" wet barrel. 81 1-2zc54e 1 1ON = 2 / 7 � 'a 41" ZG 7A /G I � 2153 54 15 -� '� - -- -� - -- zQ I I I PATRICK S. PATTON PER DOC. NO. 88- 031146 OF OFFICIAL RECORDS - -' � : �; . ; i�4' . %. •5. �. -phi_ - M© mm I FTT-F! i i — I 1 �I 1. CITY OF MOORPARK RIGHT OF WAY MAP EXHIBIT "B"