The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1991 0821 CC REG ITEM 09B la%.)3 -r i CG6c) ITEM 9. 1a 9t MOORPARK ,tripwas0 Sawa /41 \\\\ ' 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 /° -:OORPARK. CALIFORNIA Oqq o._�` City Council MeeMr); of /2/ 199 / AcnoN a t MEMORANDUM ay tJ-zip ottileecow TO: The Honorable City Council M `� FROM: Kenneth C. Gilbert, Director of Public Works DATE: August 12, 1991 (Council Meeting 8-21-91) SUBJECT: Resolution to Vacate Certain Surplus Right-of-Way on the East Side of Spring Road South of Peach Hill Road Vacation No. V-91-2: Spring Road OVERVIEW This presents for adoption a resolution vacating a portion of surplus street right-of-way on the east side of Spring Road south of Peach Hill Road. DISCUSSION A. Proposed Development Efforts are now under way to develop the property at the southwest corner of the intersection of Spring Road and Peach Hill Road (Presbyterian Church) . That effort includes the construction of full-width street improvements on Spring Road. In order to construct those street improvements, the developer was required to convey additional street rights-of- way along both the Peach Hill Road and the Spring Road frontages of the property. B. Street Vacation The final design for the street improvements provides for the re-alignment of Spring Road. This re-alignment resulted in the creation of a remnant piece of street right-of-way on the east side of Spring Road (see attached sketch) . This remnant piece of street right-of-way is not needed for the full development of street improvements consistent with the street improvement plans. It is, therefore, appropriate for the City Council to consider the vacation of this surplus street right-of-way. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Street Vacation August 21, 1991 Page 2 C. Report of Conformity On June 17, 1991, the Planning Commission of the City of Moorpark adopted Resolution No. PC-91-245 finding the proposed street vacation to be in conformance with the Moorpark General Plan. This action was taken to satisfy Section 65402 of the Government Code of the State of California. D. Resolution of Intent Local agencies may vacate surplus street right-of-way by adoption of a resolution pursuant to the requirements of applicable provisions of the Streets and Highways Codes of the State of California. Those provisions require a public hearing to be conducted and due notification of said hearing to be given. On July 17, 1991, the City Council adopted Resolution No. 91-780, stating its intent to proceed with the vacation of the subject surplus street right-of-way. Said Resolution called for a public hearing to be held on August 21, 1991, to hear any objections to this proposed action. E. 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 a portion of surplus street right-of-way on the east side of Spring Road south of Peach Hill Road. RESOLUTION NO. 91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING A PORTION OF SURPLUS RIGHT-OF-WAY ON THE EAST SIDE OF SPRING ROAD SOUTH OF PEACH HILL ROAD IN THE CITY OF MOORPARK Vacation No. V-91-2 WHEREAS, development of properties in the vicinity of Spring Road and Peach Hill Road, required the re-alignment of Spring Road; and, WHEREAS, the recordation of Tract Map No. 4069 at the southeast corner of said intersection, provided for this realignment through dedication of additional street right-of-way; and, WHEREAS, said map also shows a portion of the street right-of- way for the original alignment of Spring Road, outside of the limits of the street improvements and street right-of-way required for this street segment; and it is, therefore, appropriate to consider the vacation of said surplus street right-of-way; 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, on July 17, 1991, the City Council duly passed and adopted Resolution No. 91- declaring its intention to vacate said surplus street right-of-way 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 21st day of August, 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, 1\.10 �.NJ • Resolution No. 90- Page 2 ti\J-- /\J 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, WHEREAS, on August 21 , 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, 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 - _ is unnecessary for present or perspective street purposes. SECTION 2. That said land, which is more particularly described and shown in Exhibits "A" & "B" attached hereto and made a part hereof, is hereby vacated. 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 record 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 LA-1611z--- r OPO Pp'K Cy`� "4111PPF ' MOORPARK riark7 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 �4a 4a �v NOTICE PUBLIC HEARING VACATION NO. V-91-2 THERE WILL BE A PUBLIC HEARING before the City Council at 7 : 00 P.M. on the 21th day of August, 1991 , to be held in the Community Center at 799 Moorpark Avenue in the City of Moorpark, California. The purpose of the PUBLIC HEARING is to consider the VACATION of a portion of surplus right-of-way as described herein. All persons interested in or objecting to the proposed vacation may appear and be heard. On July 17, 1991 , the City Council of the City of Moorpark adopted Resolution No. 91-780, a resolution of Intent to Vacate a portion of surplus right-of-way on the east side of Spring Road, south of Peach Hill Road. A map indicating the location of the street to be vacated or abandoned is shown below. For more particulars regarding this intended action, please contact the City Clerk of the City of Moorpark. Da a 't Clerk 20k- i RAC i NO 406.9 (013 MR 57'; 14.11' Adf 19\ �6 � `44 TS a. \ O, \ `\ 6 9� \ a SCALE ' . 40' ,< `ci CX�A1 K17 (NI LEGAL DESCRIPTION FOR RIGHT -OF -WAY RELINQUISHMENT That portion of land lying within Spring Road, formerly know as Moorpark Road, in the City of Moorpark, as shown on Tract No. 4069 recorded in Book 103, Page 57 of Miscellaneous Records (Maps) in the Office of the County Faecorder, County of Ventura, State of California, lying within the following described boundaries Beginning at a point in the northeasterly line of said Spring Road, said southwesterly terminus of that certain course shown as "N89 °59'00 "E 14.13 "' on maptof said tract, thence northeasterly and southeasterly long the boundary of said Spring Road, as said Spring Road is also the common boundary of aid Tract No. 4069; thence, 1st. North 89 °59'00" East 14.13 feet; thence 2nd. South 17 °50'36" East 77.32 feet to the f.,,oint of northerly terminus of that curved portion of said northeasterly line of Spring Road that departs from, and is non - tangent to, said common boundary of said Tract 4069 said curved northeasterly line being concave westerly and having a radius of 1,74T.3. feet, a radial line of said curve to last said point bears North 64 °09'25" East; thence, 3rd. Along the northwesterly extension of sa :J curve through a central angle of 2 °42'50 ", an arc length of 85.75 feet to the point of hc= -aiming. �w No 4( E,. Sheet 1 : ) . 2 Sher_ is