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Home My WebLink AboutAGENDA REPORT 1991 0821 CC REG ITEM 09AITEM MOORPARK " ra 799 Moorpark Avenue Mc srpark, California 93021 M E M O R A N D 1-1 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. CALIFORNIA City Council Ming of SUBJECT: Resolution of Necessity for the Acquisition of 199 Right -of -Way on Los Angeles Avenue [East] ANN: 4t i /I i 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 City': intent to acquire said property through condemnation. -�ORPARK, CALIFORNIA Background City Council Meeting of g _1992 One of the projects to be constructed in the near future is /2 widening of Los Angeles Avenue east of Spring Road. One prerequisites to beginning this work is the acquisition �of_ /�/ certain additional right -of -way on the south side of Los Angel s — /T— Avenue as shown on Exhibit 's' of the attached Resolution. "= - Discuss' n 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 :section 1245.235 of the Code Of Civil Procedures of the State of California. Recommendation Staff recommends that the City ( _)unci.l adopt the attached resolution making certain findings and declaring the city's intent to the subject property t:hro agh condemnation. PAUL W LAWRASON JR BERNARUO M PEREZ SCOTT MUrJI )ME R aOY f TALL; Y 7 JOHN E WOZNIAK 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 ( "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 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: 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 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. 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 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 _ 1991 ATTEST: CITY CLERK MAYOR EXHIBIT A' That portion of Lots 49, 50 and 51 of the re- subdivision 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 the County Recorder of said Ventura County lying between the southerly right of way line of U)s Angeles Avenue and the following described liner Beginning at a point which bears South 28 "48'20" East 30.01 feet from the westerly terminus of the 6th course in the centerline of Los Angeles Avenue as described in the deed to Ventura County recorded in Book 150, Page 219 of Deeds; thence 1st: North 63°30'27" East 213.71 feet to a point which bears South 13 °48'02" East 45.02 feet from the easterly terminus of said 6th course in the centerline of Los Angeles Avenue and the beginning of a 500.00 fow radius curve concave southerly; thence, along said curve, 2nd: Easterly an arc length of 25.22 feet through a central angels of 2 °53'24" to a tangent line; thence, 3rd: North 66023'51" East 275.10 feet to the beginning of a 500.00 foot radius curve concave southerly; thence, along said cure,,, 4th: Easterly an arc length of 192.02 feet through a central angle of 22°00'14" to a tangent line; thence, along said tangent line, 5th: North 88024'05" East 130.50 feet to a point in the southerly right of way line of said Los Angeles Avenue (50 feet wide), which bears South 87°24'16" West 16.90 feet along said southerly right of way line from the westerly terminus of that certain 825.00 foot - radius -curve described in said deed as having a length of 61.80 feet and a central angle of 4 017'30 ". The area of the above described parcel of land r, 2,176 square feet, more or less. Lire �T, A 7t � A9 t / 3 OWNER: PATRICK S. PATTON PER DOC. NO. 80- 031148 OF OFFICIAL RECORDS " i i ¢ 3� 9 /D Zfi 14 I i r I 153 I � -11 � 55 33 ; Z � G =�i7:3o• 1 \ 5 � 55 N CITY OF MOORPARK RIGHT OF WAY MAP EXHIBIT "B"