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Home My WebLink AboutAGENDA REPORT 1991 1106 CC REG ITEM 09ACA ITEM-2: - 199-t C r cT,ON: O O R P A R K Q, �9 at c v ryue_, Moo park California 93021 (805) 529 -6864 M E M O R A N D 1) M a Honorable City Cound.:il FROM: Kenneth C. Gilbert, Director of Public Works ':ORPARK, AUl -Ul"' C;ry Co g July 23, 1991 (Council Meet},p, ( %,OORPARK, CAUFORNIA Cily Council Meeting r .' -- of cf !� Z Resolution of Necessity for the Acquisition of 199 — AcnoN. Right -of -Way on Los Angeles Ave �u� East] ACTION; ply By By Overview This presents for adoption a reso lut ion finding that the public interest and necessity require the acquisition of certain street right -of -way, and declaring the City's intent to acquire said property through condemnation ORPARK, CAUFORNIA Background City Council Meeting of rt/ 199! One of the projects to be constricted in the near future is widening of Los Angeles Avenue east of Spring Road. One prerequisites to beginning thi° work is the acquisition of y ! certain additional right -of -way c n the south side of Los Ange s Avenue as shown on Exhibit 'B' " the attached Resolution.BYx��I�' Discussion PI,OORPARK, CA_ --, The property to be acquired is owned by Patrick Patton. T64yCounciih5� City has been unsuccessful in negotiating an acceptable purchase y 19 price for the subject right -of' -way. In order to prevent further delays it is recommended that the City Council initiate emin�TLON domain proceedings to acquire tr• property. -t -0 y Mr. Patton has been notified of this public hearing gyro accordance with the requirements :)f ..Section 1245.235 of the Code of Civil Procedures of the State of California. Recommendation { Coun Staff recommends that the (', i t Council 1 adopt the attac "d I resolution making certain findings and declaring the city's intent to the subject property ' )rD -igh condemnation. ACT10N: B� PAUL VJ IAWHASON JH F: RNAR(X) til Pf HEZ r ��. r ^i ��OY E TALLEY JH JO J .- Mayor Mayor Pro Tern Councilmember Councdmembr-' RESOLUTION NO. 41 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 pianned or located in the manner that will be most compatib e with the greatest public good and least private injury- (3) That the taking if 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 40,404 and 37350.5 of the California Government Code, Section 1240.010 et seq., of the California Code of Civil Procedure, Ord other applicable law; and, (4) That the offer 'to purchase required by California Government Code Section 7261.2 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 (,ieclares 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 S'-.ate of California with reference to condemnation procedures. SECTION THREE: That if and of the subject property has been appropriated to some public use, he public use to which it is to be applied and taken under thi<l )ceedirg 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 immed; ate possession and occupancy of said property. SECTION SIX: The City C'lf -rk shawl certify the adoption of this resolution. SECTION SEVEN: This resolution shall be effective immediately upon its adoption SIGNED AND ADOPTED this day of MAYOR ATTEST: CITY CLERK 1991 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 lins of Los Angeles Avenue and the following described line: 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, Pate 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 foot radius curve concave southerly; thence, along said curve, 2nd: Easterly an arc length of 25.22 feet thr'►ugh a central angels of 2 053'24" to a tangent line; thence, 3rd: North 66°23'51" East 275.10 feet to 7 t►e beginning of a 500.00 foot radius curve concave southerly; thence, along said urve , 4th: Easterly an arc length of 192.02 feet: through a 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 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 s, ►id 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 1w d is 2,17(1 square feet, more or less. 5o aye. ?/9 OWNER' - -- % PATRICK S. PATTON PER DOC. NO. 89- 031146 OF OFFICIAL RECORDS I i ME BIN X53 I I 155 5G 577 I i 33 I I I /`� L 1-2A A t,C . / I \ �- I 5 5� 55 N m IV75. - CITY OF MOORPARK RIGHT OF WAY MAP EXHIBIT "B" 5 Allf.�. 5 ME BIN X53 I I 155 5G 577 I i 33 I I I /`� L 1-2A A t,C . / I \ �- I 5 5� 55 N m IV75. - CITY OF MOORPARK RIGHT OF WAY MAP EXHIBIT "B"