HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 09AOORPARK,
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M E M O R A N D U T{
e Honorable City Council
FROM: Kenneth C. Gilbert, Doi -ec.tor of Public Works
UFORNIA
..00RPARK, CAUFORNi.
Agliiv July 23, 1991 (Council Neet.41c 8 -7 -91) Crry, Council Msettr,g
"OORPAM CAUFC!2NIA ' of_�� -7 199
ResolutJ8ffq5V sity for the Acquis'ittion of "T-� '---
Right -ad - 2U � ge les Ave � [ Ea � ] A��
ACTKft
ci '" BY
BY
t >t �, /
This presents for adoption 6s n finding that the � public
interest and necessity require the acquisition of certain street
right -of -way, and declaring the 'ity's intent to acquire said
property through condemnation
,�ORPARK, CAUFORNA
Background city Council Meeting
of �fcy/ 199
One of the projects to be cons tru ;ted in the near future is EHe /:/`/ _
widening of Los Angeles Avenue east of Spring Road. One of'Ngl4;Y:
prerequisites to beginning this work is the acquisition of f'
certain additional right -of -way on the south side of Los Ange e_s
Avenue as shown on Exhibit 'B' o' the attached Resolution.BY�- "��� ✓��
Discussion
.'OORPARK, CAL':
The property to be acquired is awned by Patrick Patton. TSy Council
Mo :.
City has been unsuccessful in negotiating an acceptable purch&se cf 1W_
price for the subject right- of- -wa r. In order to prevent further
delays it is recommended that the City Council initiate emin�igpN:
domain proceedings to acquire tho propert -y.
Mr. Patton has been notified of this public hearing By' &01_
accordance with the requirements : :t Section 1245.235 of the Code
of Civil Procedures of the State o C ",�1 ifornia.
Recommendation
Staff recommends that the Ci`. 77unciI adopt the attach -qd
resolution making certain findings and declaring the city's
intent to the subject property t r: iqh ,- ondemnation. ACC ICN:�
PAUL W LAWRASON jR BERNARDO M PCREZ P 10'Y k TALL E
Mayor May- P•o Tem ii.,,.t.,r. Cnuncdrnemoe.r (,ouncilmeriUer
RESOLUTION NO. )I
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 riereby 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 compatirle witt',, 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 acquireil by the City and that said offer
was rejected by the proper-1 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 ,Tate of California with reference
to condemnation procedures.
SECTION THREE: That if an, of the, subject property has been
appropriated to some public use, the public use to which it is to
be applied and taken under thJ- oce dinq 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
MAYOR
ATTEST:
CITY CLERK