HomeMy WebLinkAboutAGENDA REPORT 2008 1105 CC REG ITEM 08CMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Barry K. Hogan, Deputy City Manage
By: City Attorney's Office
ITEM 8 -G -
CiTy OF MOORPARK, CALIFORWA
City Council Meeting
DATE: October 24, 2008 (CC Meeting of November 5, 2008)
SUBJECT: Consider Resolution Finding and Determining that the Public Interest,
Convenience, and Necessity Require the Acquisition of Certain
Property for Off -Site Public Access Road Purposes for Tract No. 5147,
a 17 -Lot Industrial Subdivision on 34.53 Acres, Located Approximately
1,300 Feet West of Gabbert Road, North of the Union Pacific Railroad
Right -Of -Way Located in the City of Moorpark, County of Ventura,
State of California
SUMMARY
State law requires that a Resolution of Necessity ( "Resolution ") be presented to the City
Council at a hearing open to the public in order to initiate eminent domain proceedings for
the acquisition of that property shown on the description and depiction collectively
attached as Exhibits 1 and 2 to the proposed Resolution for an off -site access road, and
accompanying slope easement, for tract no. 5147, a 17 -lot industrial subdivision on 34.53
acres, located approximately 1,300 feet west of Gabbert Road, north of the Union Pacific
Railroad right -of -way located in the City of Moorpark ( "Moorpark "), County of Ventura,
State of California.
BACKGROUND
A -B Properties ( "Developer ") owns property in Moorpark identified by Assessor's Parcel
No. 500 -0- 340 -225 ( "A -B Property "). On December 16, 1998, the Moorpark City Council
adopted Ordinance No. 250 (effective January 15, 1999), approving a Development
Agreement between the City of Moorpark and A -B Properties ( "A -B Development
Agreement ") in connection with General Plan Amendment (GPA) No. 97 -02 and Zone
Change (ZC) No. 97 -06, for a 34.53 -acre industrial development regarding the A -B
Property. Tentative Tract No. 5147, a division of the A -B Property into 17 lots, was
conditionally approved by the City Council on March 15, 2000, per Resolution No. 2000-
1714.
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Condition of Approval No. CED -33 of Resolution No. 2000 -1714 and Section 6.21 of the
A -B Development Agreement require that Developer construct an off -site 32 -foot wide
paved access road to serve as primary access, emergency access and for utility
purposes, until the Improvements as defined in Section 6.22 of the A -B Development
Agreement are constructed, or until other alternative access is provided via construction
of a 2 -lane portion of North Hills Parkway from the Property to Gabbert Road following
Moorpark's approval of an amendment to the A -B Development Agreement. Following
completion of the Improvements or the other alternative access, this access road to
Gabbert Road would revert to emergency access.purposes only.
The access road is to be located entirely on property owned by Hitch Ranch Partners
located directly east from the A -B Property ( "Hitch Property "). The entirety of the Hitch
Property is encumbered by a right -of -way easement recorded January 4, 1968 in favor of
Southern California Edison ( "SCE "). On June 5, 2007, the Hitch Ranch Partners
conveyed to Developer a 40 -foot wide non - exclusive easement across the Hitch Property
for public access road, emergency access and utility purposes ( "Existing Access
Easement ") for the benefit of the property owned by Developer.
The property necessary for the paved access road for right -of -way and utility purposes
the City Council is to consider acquiring, together with an easement for slope purposes, is
described and depicted on Exhibits 1 and 2 attached to the proposed Resolution and
incorporated herein by this reference ( "Paved Access Road Interests "). The Paved
Access Road Interests would be developed substantially along the Existing Access
Easement. The legal description for the Paved Access Road Interests to be acquired is
slightly different than the legal description of the recorded Grand Deed Easement in that
the connection point onto the property owned by Developer is in a different, more
northerly location.
SCE has allowed use of the Existing Access Easement for grading access, but has so far
not permitted use for public access to the affected property. This prohibition makes it
impossible for Developer to comply with the required conditions of approval without
expanding the access rights in this area. Therefore, Developer has been unable to
acquire the needed off -site right of way to complete construction of the Paved Access
Road Interests over land owned by Hitch Ranch Partners and the easement holder SCE.
The developer has requested that the City Council initiate eminent domain proceedings to
obtain a public access easement.
Section 66462.5 of the Government Code provides that a city and a subdivider may, by
agreement, provide for the acquisition of off -site interests from third parties by the city at
the subdivider's expense, where such interests are required to satisfy map conditions.
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Section 7.4 of the A -B Development Agreement provides that, if requested in writing by
Developer and limited to Moorpark's legal authority and section 66462.5 of the
Government Code, Moorpark shall proceed to acquire, at Developer's sole cost and
expense, easements or fee title to land in which Developer does not have title or interest
to allow construction of public improvements required of Developer which are outside
Developer's legal boundaries.
On January 23, 2008, the developer requested in writing that Moorpark acquire all
property necessary to construct the Paved Access Road Interests pursuant to Section 7.4
of the A -B Development Agreement.
Following City Council approval on March 19, 2008, Moorpark and Developer on May 6,
2008 entered into a reimbursement agreement, authorized by Section 66462.5, in regard
to the initiation of the process of acquisition. Pursuant to that agreement, the Council
retains full and complete discretion to adopt or reject any proposed resolution of
necessity. Any such rejection would not constitute a breach of the agreement, but would
prohibit acquisition by eminent domain.
If Moorpark decides not to acquire the Paved Access Road Interests, the conditions of
approval must be waived, and the development could not proceed until such time as legal
access to Los Angeles Avenue and the "North Hills Parkway" is provided. This would
essentially put the project on hold indefinitely.
DISCUSSION
A. Facts
Pursuant to, inter alia, Section 19, Article I of.the California Constitution, Sections
37350 et seq., Sections 40401 et seq., and Sections 66462.5 et seq., of the
California Government Code, Sections 5100 et seq., and 10102 et seq., of the
California Streets and Highways Code, Section 1230.010 et seq., of the California
Code of Civil Procedure, and other applicable law, Moorpark is authorized to
acquire the Paved Access Road Interests, provided certain procedural steps are
followed.
1. First, pursuant to Section 7267.2 of the California Government Code,
Moorpark must make a written offer to the property owner, based upon an
appraisal. Moorpark, through the firm of Burke, Williams & Sorensen, LLP,
made an offer on September 2, 2008, to Mr. Richard S. Hambleton, Jr. of
Hoffman, Vance & Worthington (representative to the Hitch Ranch Owners
of Record) and SCE to purchase their respective interests in the Paved
Access Road Interests. The offers were based upon an appraisal of the
Paved Access Road Interests, and represent the full amount determined to
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be just compensation to the Hitch Ranch Owners of Record and SCE for
the Paved Access Road Interests. A copy of each of these offer letters is
attached as Exhibit 1. As of the date of the preparation of this report,
Moorpark has yet to receive notice from the Hitch Ranch Owners of record
of acceptance or rejection of Moorpark's offer. SCE responded to
Moorpark's offer by letters dated September 25, 2008 and October 22,
2008 indicating SCE is taking Moorpark's offer into consideration. Copies
of these letters are attached as Exhibits 4 and 5.
2. Since there has been no acceptance of Moorpark's offers, it is now
necessary that an action in eminent domain be filed to acquire the Paved
Access Road Interests. Prior to filing the action, Moorpark must hold a
hearing on a Resolution, and provide the owner an opportunity to be heard
at the hearing, provided the owner has filed a request to be heard in writing
with Moorpark prior to the hearing. On October 8, 2008, Moorpark mailed
to Hitch Ranch Owners of Record and SCE a Notice of Hearing to hold a
Condemnation Hearing on November 5, 2008, regarding the proposed
acquisition of the Paved Access Road Interests. A copy of each of the
Notices is attached as Exhibit 2. The Notice of Hearing was mailed in
accordance with the requirements of State law pertaining to eminent
domain proceedings.
3. After conducting the public hearing, Moorpark must determine whether the
public necessity requires that Moorpark adopt the Resolution authorizing
condemnation proceedings for the purpose described in said Resolution.
B. Analysis
As to the Findings of the proposed Resolution, City staff has the following comments:
1. PUBLIC INTEREST AND NECESSITY: The public interest and necessity
require the proposed project for which the Paved Access Road Interests will
serve. The project, which consists of development consistent the with A -B
Development Agreement in connection with General Plan Amendment (GPA)
No. 97 -02 and Zone Change (ZC) No. 97 -06, for a 34.53 -acre industrial
development ( "Project ") includes the construction of the Paved Access Road
Interests to satisfy conditions of the A -B Development Agreement. It is an
adopted goal of the Moorpark General Plan that Moorpark would strive to "attain
a balanced City growth pattern which includes a full mix of land uses." In that
regard development of this land, adjacent to existing industrial development and
along a projected arterial highway, assists in meeting that goal. The addition of
this industrial development will also assist Moorpark in providing additional jobs
within Moorpark and in meeting Moorpark's jobs /housing balance as required by
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Moorpark's adopted Housing Element of the Moorpark General Plan. Providing
more local jobs within the community reduces the vehicle miles traveled, reduces
congestion and improves air quality. The Paved Access Road Interests will
provide the sole means of public access until the Improvements (as defined in
Section 6.22 of the A -B Development Agreement) are constructed or until other
alternative access is provided via construction of a 2 -lane portion of North Hill
Parkway from the Property to Gabbert Road following Moorpark's approval of an
amendment to the A -B Development Agreement.
In its October 22, 2008 letter, SCE incorrectly contends any condemnation of the
Paved Access Road Interests would be a subversion of the judicial process by
using the eminent domain law to benefit a private developer. As noted above,
Section 66462.5 of the Government Code allows Moorpark and Developer, by
agreement, to provide for Moorpark's acquisition of the Paved Access Road
Interests at Developer's expense, since the Paved Access Road Interests are
required to satisfy Condition of Approval No. CED -33 of Resolution No. 2000-
1714 and Section 6.21 of Development Agreement 1998 -04 (Ordinance No.
250).
In its October 22, 2008 letter, SCE also contends the Paved Access Road
Interests will not be put to a public use, and are merely to benefit a private
developer. This is incorrect. The Paved Access Road Interests will be for use by
the public to access the industrial development on the A -B Property. It is not
essential that any considerable portion of the community directly enjoy or
participate in a street improvement for it to constitute a public use. The public is
benefited by a public road that will allow them to access to industrial and
commercial businesses for services as well as for employment for those who
work there.
2. PUBLIC GOOD VERSUS PRIVATE INJURY: The Project for which the Paved
Access Road Interests is required is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury. The
project has been designed and planned to be constructed to provide public
access to the industrial development from Gabbert Road until such time as
permanent public street access can be constructed through the addition of North
Hills Parkway. Due to the topography of the area this access road is the only
location that can reasonably serve the A -B Property in the interim. The Paved
Access Road Interests essentially tracks an existing private, graded, dirt road
and access easement already in use. Condemnation and use of this area will
avoid costly grading if the road followed any other alignment on the property due
to topography.
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3. ENVIRONMENTAL DETERMINATION: In its October 22, 2008 letter, SCE
contends Moorpark has not conducted the required environmental review. SCE
is incorrect. A Negative Declaration was prepared for the Project and
subsequently reviewed and approved by the City Council on or about December
2, 1998 in accordance with the requirements of the California Environmental
Quality Act (CEQA). It should be noted that the Negative Declaration also
included the SCE property adjacent to A -B Property.
4. NEED FOR THIS PROPERTY FOR THE PROJECT: Until the Improvements
(as defined in Section 6.22 of the A -B Development Agreement) are constructed
or until other alternative access is provided via construction of a 2 -lane portion of
North Hill Parkway from the Property to Gabbert Road following Moorpark's
approval of an amendment to the A -B Development Agreement, the Paved
Access Road Interests will be the only means by which the public will be able to
access the industrial development on the A -B Property. As noted above, if
Moorpark decides not to acquire the paved access road, the conditions of
approval must be waived, and the development could not proceed until such time
as legal access to Los Angeles Avenue and the "North Hills Parkway" is
provided. This would essentially put the project on hold indefinitely, delaying not
only the private development opportunity, but the public's access to new jobs,
and commercial and industrial service opportunities.
5 COMPATIBLE USE (CCP 1240.510): The Paved Access Road Interests will
not unreasonably interfere with or impair property appropriated by SCE for
public use, whether said property is already in public use or set aside for a
specific public purpose with the intention of using it for such purpose within a
reasonable time. As noted above, SCE has an easement allowing it the right
to use the entirety of the Hitch Property for operation and use of electric lines
and equipment together with access for such purposes. The Paved Access
Road Interests would be located substantially along the Existing Access
Easement already granted to Developer. Additionally, SCE entered into a
development agreement with Moorpark on February 10, 1999 ( "SCE
Development Agreement ") in which SCE agreed, in Section 6.20 of said
agreement, to allow for the construction and use of the Paved Access Road
Interests. Any intended future use by SCE of the Hitch Property would be
subject to the Existing Access Easement and the SCE Development
Agreement. Moreover, the Paved Access Road Interests will only serve as
primary access until a separate primary access is constructed and that,
following completion of this separate access, the Paved Access Road Interests
would thereafter be used for emergency access purposes only. Based on the
foregoing, the acquisition, construction and use of the Paved Access Road
Interests is compatible with SCE's existing or intended future public use of the
property.
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In its October 22, 2008 letter, SCE erroneously contends the Paved Access
Road Interests will unreasonably interfere with SCE's electrical facilities. The
grading activities associated with the Paved Access Road Interests have
already substantially occurred, so SCE's issues related to dust accumulation
are unfounded. The Paved Access Road is already in private use, so concerns
related to SCE's access and clearances are equally unsupportable. SCE's
planned transmission expansion must conform with Section 6.20 of the SCE
Development Agreement, which allows for the construction and use of the
Paved Access Road Interests, so SCE's claims of interference cannot lie.
Further, several jurisdictions have requested evidentiary hearings and
additional entitlement processing for SCE's proposed project including the
County of Ventura, the City of Thousand Oaks, as well as Moorpark and A -B,
so SCE's proposed project is by no means a certainty.
6 MORE NECESSARY USE (CCP § 1240.6101: In the event that SCE contends
Moorpark's use of the Paved Access Road Interests will unreasonably interfere
with or impair the continuance of SCE's current or future public use of its
property, or is unwilling to allow for joint use of the property inclusive of
Moorpark's use of the Paved Access Road Interests, Moorpark may acquire the
Paved Access Road Interests on grounds that Moorpark's public uses regarding
the Paved Access Road Interests are more necessary and paramount public
uses than the public use or purpose to which SCE is using the property, or
intends on using the property within a reasonable time. Section 1240.650(a)
provides, "[w]here property has been appropriated to public use by any person
other than a public entity, the use thereof by a public entity for the same use or
any other public use is a more necessary use than the use to which such
property has already been appropriated." As noted by the Law Revision
Commission in regard to Section 1240.650, "[t]he preference under Section
1240.650 is not merely one of public ownership over private ownership for the
same use but includes any use. Thus, for example, a public entity may condemn
the easement of a privately owned public utility not merely to perpetuate the
utility use in public ownership but also to provide some separate and distinct
use." It should be noted that California Public Utilities Code § 6262 provides that
"[n]o franchise granted under this chapter in any way impairs or affects the right
of the granting municipality to acquire the property of the grantee by purchase or
condemnation, and nothing contained in such a franchise shall be construed to
contract away, modify or abridge either for a term or in perpetuity the
municipality's right of eminent domain in respect to any public utility."
The California Government Code urges public entities to make every reasonable effort to
acquire expeditiously real property by negotiation. SCE has known about this proposed
acquisition even before Moorpark first considered entering into the reimbursement
agreement with Developer in March of 2008. In addition, on July 8, 2008, counsel for
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Moorpark and its appraiser met with SCE and its appraiser at the site, whereupon issues
related to valuation were discussed. Moorpark's offer letter and summary appraisal were
sent to SCE over two months ago. SCE has had sufficient time to complete its appraisal.
SCE's letter dated October 3, 2008 requested that this hearing be postponed until a later
date to allow SCE and Moorpark time to continue their negotiations. The hearing was
then put over until November 5, 2008. SCE's letter dated October 22, 2008 seeks further
delays of this hearing. Neither letter, however, references that on October 2, 2008, SCE
noticed its intent to commence construction of proposed Moorpark- Newbury 66kV
Subtransmission Line without the benefit of a hearing before the California Public Utilities
Commission. A copy of this notice is attached as Exhibit 6. Pursuant to SCE's notice,
construction of the proposed subtransmission line is scheduled to commence on
November 17, 2008. SCE's desire appears mainly to obtain authority to commence
construction of its proposed subtransmission line prior to Moorpark's adoption of this
Resolution of Necessity.
While SCE has known about Moorpark's proposed acquisition for a long time, SCE has
yet to negotiate in any meaningful manner with Moorpark. Based on the foregoing, there
does not appear to be any legitimate reason to further delay the hearing on this
Resolution of Necessity. An adoption of a Resolution of Necessity does not mean thal
negotiations for the acquisition of the Paved Access Road Interests are at an end, and it
is assumed the parties will continue in their negotiations if the Resolution of Necessity is
adopted. Questions relating to value are not, however, relevant to this proceeding.
Consequently, going forward with this hearing should not undermine the negotiation
process.
FISCAL IMPACT
There is no fiscal impact upon Moorpark directly as a consequence of City Council's
action on this agenda item. The developer, AB Properties, has agreed to pay all costs
relative to the processing of this eminent domain proceeding. Cost of acquisition and any
costs to defend Moorpark, should legal action be taken against Moorpark for its actions,
are also to be paid by Developer.
STAFF RECOMMENDATION - Roll Call Vote (2 /3rds Affirmative Required)
1. Open hearing, accept public testimony, and close hearing.
2. After review of relevant facts, adopt the Resolution of Necessity (Exhibit 3) to initiate
eminent domain proceedings to acquire the Paved Access Road Interests.
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Attachments:
1. Offer Letters
2. Notice of Hearing and Response
3. Resolution of Necessity
4. October 3, 2008 Letter from Southern California Edison (SCE)
5. October 22, 2008 Letter from Southern California Edison (SCE)
6. October 2, 2008 Notice of Proposed Construction
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6URKE, WILLIAMS & SORENSEN, LLP
144 South Flower Street - Suite 2400
.osAngeles, California 90071 -2953
voice 213.236,0600 - fax 2 13.236.27 00
www.bwslaw.com
September 2, 2008
Hitch Ranch Owners of Record
c/o Mr. Richard S. Hambleton, Jr.
Hoffman, Vance & Worthington
1000 S. Seward Avenue
Ventura, CA 93001 -3735
Direct No.: 213.236.2819
Our Fite No.: 01359 -6187
asozic @bwslaw.com
Re: Offer to Purchase Interests In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0- 200 -040
City of Moorpark, CA
Dear Mr. Hambleton:
The City of Moorpark ( "Moorpark ") is considering constructing a public road for
ingress, egress and utility purposes ( "Road Project "). It has been determined that the
Road Project will require the acquisition of a portion of your property identified by
Ventura County Assessor Parcel Number 511 -0- 200 -040.
Moorpark has obtained a preliminary title report showing your client, Hitch
Ranch Owners of Record (collectively, "Owner"), to be the vested owner of real
property within the Road Project area. See Attachment B to Appraisal Summary
enclosed herein. We understand you to be the property manager for Owner, and hold
a power of attorney in that regard. You have requested this correspondence be sent to
you as opposed to sending this to each individual owner of record.
The interests to be acquired ( "Interests ") consist of a non - exclusive appurtenant
easement and right of way for public access road, emergency access and utility
purposes, together with an easement for slope purposes, and are described and
depicted on Exhibits "C" and "D" to the enclosed appraisal summary. The Interests
shall serve as the primary access to that property owned by A -B Properties described
as all of lots 1 through 17 inclusive per Tract No. 5147, Miscellaneous Records 158
MR 37, Recorded as Document # 20070820 - 00162805 -0 with the County Recorder
( "Property ") until such time as the Improvements (as defined in Section 6.22 of the
Development Agreement By and Between the City of Moorpark and A -B Properties)
are constructed or until other alternative access is provided via construction of a 2 -lane
portion of Northhills Parkway from the Property to Gabbert Road following Moorpark's
approval of an amendment to said Development Agreement, after which the paved
CC ATTACHMENT 1
LA #4817- 2721 -1522 v1
1'00048,
BURKE, WILLIAMS & SORENSEN, H
Mr. Richard S. Hambleton, Jr.
September 2, 2008
Page 2
access road shall become an emergency access only for the Property. The Interests to
be acquired shall also allow for the installation, repair, replacement, maintenance and
operation of subsurface water, sewer, electric, gas, cable, and telephone utilities, and
shall additionally allow for 2 empty conduits for potential future utility use, that serve
the Property.
It is the policy of Moorpark to acquire property only when it is essential to do so,
and through voluntary purchase, if possible. While Moorpark has the power of eminent
domain, condemnation has not been authorized with respect to the Interests as of this
date, and cannot occur until Moorpark's City Council formally acts. Nothing in this
letter is meant to pre - commit Moorpark's City Council or otherwise limit the options
available to it.
California law requires that before making an offer for the acquisition of real
property for the Road Project, Moorpark must: obtain an appraisal to determine the fair
market value of the real property being acquired; establish an amount which it believes
to be just compensation for that property; and make an offer to the owner for an
amount not less than the just compensation so determined. Moorpark has,
accordingly, had the Interests appraised by an independent, professional appraiser to
determine its fair market value, as defined in California Code of Civil Procedure section
1263.320. It was appraised on August 13, 2008 in accordance with commonly
accepted appraisal standards and included consideration of the highest and best use
of the land, the land's current use and any improvements located thereon. The
appraisal has been completed and reviewed, and Moorpark has determined an
amount, which constitutes the full amount believed by Moorpark to be just
compensation for the property taken and any damages thereto,
Using a date of valuation of July 8, 2008, the total just compensation to Owner
for the taking of the Interests was determined by the appraiser to be nominal. The
basis for the computation of this amount is explained in the Appraisal Summary
Statement enclosed herewith. This amount includes consideration of the amount of
damage, if any, to the remainder, and disregards any change in the fair market value of
the property to be acquired caused by the Road Project.
Based on the foregoing, Moorpark hereby offers you the sum of ONE
THOUSAND AND 001100 ($1,000.00) for the acquisition of the Interests. In acquiring
the Interests, Moorpark will pay all usual fees, charges, and costs that arise out of this
transaction.
LA #4817 -2721 -1522 v1 000049
BURKE, WILLIAMS b SORENSEN. LLP
Mr. Richard S. Hambleton, Jr.
September 2, 2008
Page 3
This offer is subject to your ability to convey clear title to the Interests (i.e., free
of encumbrances or liens, other than liens for taxes and any utility encumbrances
acceptable to Moorpark). If more than one person has an interest in the Interests
Moorpark is seeking to acquire, all parties with such interests must accept this offer. If
you decide to accept this offer, it is recommended that you promptly contact any
persons to whom you may be making payments under trust deeds, or other liens, and
reach an agreement with them as to the amount of money, if any, they will demand in
escrow to clear the Interests of these liens and encumbrances. In the event there are
liens and encumbrances, you should either:
• Pay to owners of liens and encumbrances, out of the approved
compensation paid by Moorpark, the amount needed to terminate leases
or cancel trust deeds, mortgages, or other liens affecting the Interests
acquired; or
• Arrange for holders of leases, trust deeds, mortgages, or other liens to
quitclaim their interest, if any, in the Interests to Moorpark.
The amount of the offer is additionally predicated on the assumption that there
exists no hazardous substance, product, waste, or other material of any nature
whatsoever which is or becomes listed, regulated, or addressed pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act, 42 United
States Code Section 9601, et seq., on the Property, and that the Property is free of
hazardous substances (as that term is defined under California Health and Safety
Code Section 33459(b)) and all other subsurface soil contamination. The amount
offered is also subject to an environmental site inspection, and the cost to remediate
any identified problems may affect the valuation of the subject Property. In the event
that any facts or circumstances arise which indicate the presence of such subsurface
contamination, Moorpark reserves the right to rescind or modify the offer stated above
at any time prior to its written acceptance, to reflect the estimated or actual costs to
remediate the Property to the satisfaction and approval of all applicable regulatory
agencies. Further, in the event Moorpark purchases the Property and afterwards
discovers such soil contamination, Moorpark reserves all rights and remedies it may
have against you and all prior owners to seek damages or other obligations Moorpark
incurs as a result of the contamination, as may be permitted or authorized by any law,
including, but not limited to, CERCLA (42 U.S.C. §9601 of seq.), the Hazardous Waste
Control Law (California Health and Safety Code §25100 et seq.), the Porter Cologne
Act (California Water Code §13000 et seq.), California Health and Safety Code §25280
et seq., §33459 et seq., and provisions of Proposition 65.
LA 94817- 2721 -1522 v1 ) 0u 050
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
September 2, 2008
Page 4
Please be advised that the amount offered does not reflect any consideration of
or allowance for any relocation assistance payments to which you or any occupant of
the subject Interests may be entitled. Please also note that this offer is subject to the
ratification of an agreement for purchase and sale by the City Council, the City
Council's adoption of a resolution of necessity, or both.
If you are not satisfied with Moorpark's offer, you are encouraged to present to
us any material you believe to be relevant to the value of the Interests, which material
will be carefully considered by Moorpark. If, in Moorpark's opinion, the additional
information warrants a change in the offer, Moorpark's offer will be adjusted
accordingly.
Please be advised that you are entitled to a reasonable amount, not to exceed
five thousand dollars ($5,000.00), for an independent appraisal conducted by an
appraiser licensed by the Office of Real Estate Appraisers.
If for any reason you do not accept Moorpark's offer, please be advised that the
matters included within this letter, as well as the attached summary statement, fall
within the provisions of, inter alia, Section 1152 and 1154 of the California Evidence
Code, Section 1255.060 of the Code of Civil Procedure, and Sections 7267.1 and
7267.2 of the Government Code, and are not admissible in evidence in any legal
proceeding.
Should you have any questions regarding this offer or have information
regarding the value of your Property, please feel free to contact me at (21 13) 2136 2819.
Sincerely,
BURKEXkLIAMS & SORENSEN, LLP
ZI
AAS:amc
Enclosure
LA #1-4817 -2721 -1522 v1 000051
APPRAISAL SUMMARY
LEGAL DESCRIPTION OF AFFECTED PROPERTY:
See attachment A.
PROPERTY DESCRIPTION:
The subject larger parcel is identified by Ventura County Assessor's Parcel Number 511-
0- 200 -040.
PROPERTY OWNERS: See attachment B.
PROPERTY LOCATION: Off Gabbert Rd., north of Los Angeles Ave. in the
City of Moorpark, California
INTERESTS TO BE ACQUIRED:
A non - exclusive appurtenant easement and right of way for public access road,
emergency access and utility purposes, together with an easement for slope purposes, and which
are described and depicted on Attachments "C" and "D" attached hereto. The Interests shall
serve as the primary access to that property owned by A -B Properties described as all of lots I
through 17 inclusive per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded as
Document # 20070820 - 00162805 -0 with the County Recorder ( "Property") until such time as the
Improvements (as defined in Section 6.22 of the Development Agreement by and Between the
City of Moorpark and A -B Properties) are constructed or until other alternative access is
provided via construction of a 2 -lane portion of Northhills Parkway from the Property to Gabbert
Road following City's approval of an amendment to said Development Agreement, after which
the paved access road shall become an emergency access only for the Property. The Interests to
be acquired shall also allow for the installation, repair, replacement, maintenance and operation
of subsurface water, sewer, electric, gas, cable, and telephone utilities, and shall additionally
allow for 2 empty conduits for potential future utility use, that senje the Property.
MARKET VALUE DEFINITION:
The fair market value of property acquired as defined in Section 1263.320 of the
California Code of Civil Procedures is "the highest price on the date of valuation that would be
agreed to by a seller, being willing to sell but under no particular or urgent necessity for so
doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no
particular necessity for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
+00052
LA 114 84 3 -1305 -0242 v 1 _ 1 _
PRESENT USE: Vacant Land
ZONING: A -E (Agricultural Exclusive)
HIGHEST & BEST USE: Utilize For Agricultural Uses, Farm Or Other Animal
Uses That Conform To Current Zoning Or Hold For
Future Development
APPRAISAL DATE: August 13, 2008
DATE OF VALUE: July 8, 2008
MARKET VALUE OF'ME SUBJECT PROPERTY:
MARKET DATAXOST APPROACH:
Land Sales Summary
SALE LOCATION
1 Worth Way
Camarillo, CA
2 2055 E. La Loma
Somis, CA
3 10490 Santa Rosa Rd.
Camarillo, CA
Adjusted Land Value:
SALE PRICE SITE SIZE UNADJUSTED
DATE $ /ACRE -LAND
12/12/07 $I,250,000 48.11 acres $25,982.00
06/07/06 $1,045,000 43.04 acres $24,280.00
03/31/06 $3,000,000 132.38 acres $22,662.00
$16,000 per acre
Value of the Larger Parcel (Before Condition):
33.57 acres @ $16,000 /acre = $537,260
Rounded to $537,000
100053
LA V48434305 -0242 v 1 _2_
Value of Part Taken as Part of the Larger Parcel-
The part taken comprises 1.355 acres. However, the entirety of the part taken is already subject
to an existing Right-of-Way easement recorded January 4, 1968 in favor of Southern California
Edison Company ( "SCE "). In addition, in the "before condition" (condition of the property
before the interest described is acquired) there is a recorded Grant Deed (Easement). The
grantee is A -B Properties, a California General Partnership. The easement includes a 40.00 foot
wide non - exclusive appurtenant easement for public access road, emergency access and utility
purposes over Grantor's real property for the benefit of the A -B Property, including any future
subdivide portions thereof. When a second easement is sought on land already burdened by an
existing easement, the owner of the servient land is limited to the difference in value of the land
before and after the imposition of the second easement; and, if no substantial difference in value
is shown, only nominal damages will be awarded. Here, no additional adverse utility
adjustments are determined to be warranted for the taking of the 1.355 acre easement. Hence,
the estimated value of the part taken is determined to be nominal.
000054
LA H4943- 4305 -0242 vl ;_
SEVERANCE DAMAGES
To Underlying Fee Owner:
In the before condition, there is a recorded grant deed on the affected property (for a
40.00 foot wide non - exclusive appurtenant easement for public access road, emergency access
and utility purposes, together with an easement for slope purposes). In addition, due to the SCE
easement, there are large utility improvements, which are considered to be an adverse visual
influence. The SCE right of way easement also decreases the privacy and quiet enjoyment of the
affected property. Taking the aforementioned into consideration, the loss to the remainder as a
result of the interest to be acquired by the City of Moorpark is considered to be nominal
(estimated at no greater than $1,000).
We have also considered offsets for benefits to the affected property from the interest to
be acquired by the City of Moorpark. According to the California Code of Civil Procedure
(section 1263.410), "compensation for injury to the remainder is the amount of the damage to the
remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to
the remainder equals or exceeds the amount of the damage to the remainder, no compensation
shall be awarded under this article ".
The amount of benefit is established by determining any reasonable certain increase in
the market value of the remaining property caused by the proposed public road easement. Due to
the recorded grant deed on the affected property (for a 40.00 foot wide non - exclusive
appurtenant easement for public access road, emergency access and utility purposes, together
with an easement for slope purposes), there is no additional projected benefit, to the remainder of
the affected property, as a result of the additional interest to be acquired by the City of Moorpark
(no offsets for benefits are warranted).
Valuation Summary — Affected Property
Market Value of the Affected Property in the Before Condition $ 537,000
Less:
Value of the Part Taken (Public Road Easement) $ 0 (so)
Market Value of the Remainder in the Before Condition $ 537,000
Less: Damages to the Remainder: $ 13000 ($1,000)
Value of the Remainder in the After Condition: $ 536,000
Just Compensation: $ 1,000
LA 4,1843 -4301 -0242 v1 -4- 000055
VALUATION OF SEVERANCE DAMAGES —To Southern California Edison:
The holder of an easement is entitled to damages when the easement is taken or damaged
for public use. The severance damages to SCE's Right -of -Way easement has been considered
herein.
Parcel 511 -0- 200 -055 (located adjacent to the proposed 40 -foot strip of land, to be taken
through eminent domain) is owned by Southern California Edison. According to a Right-Of-
Way easement, recorded January 4, 1968, Southern California Edison Company has the
"permanent and exclusive easement and rights of way to construct, operate, use, maintain,
inspect, repair, renew, replace, reconstruct, enlarge, alter, add to, improve, relocate and/or
remove, at any time and from time to time, electric Iines, equipment etc., together with the
easement and right of way for roads, ingress, egress and other convenient purposes..." Southem
California Edison also has "the right to clear and keep clear said easements and rights of way ",
including "parking of automobiles, trucks or other mechanical equipment, for protection from
fire and other hazards and from interference with ingress and egress and with the unobstructed
use of said easements and rights of way" (see Right -Of -Way easement for additional details).
Edison has constructed improvements on this Right-Of-Way. There are two 220 KV
lines into the substation (on the adjacent property) as well as three 220 KV lines (north - south)
and two 66 KV lines (north - south). The proposed 40 -foot strip of land to be taken through
eminent domain is within the area described within SCE's Right -Of -Way easement. SCE claims
that said 40 -foot strip of land to be taken through eminent domain, impacts the utility of their
exclusive easement, could limit their future expansion plans, limits operation and maintenance of
the existing lines and could impact public safety.
With regard to SCE's safety concerns, SCE has previously approved numerous building
projects under high voltage lines. See November 18, 2007 Los Angeles Times article (Edison
Zaps Lease -Build Program).
More specific to the subject property, there is a Development Agreement between the
City of Moorpark and Southern California Edison, recorded March 5, 1999. According to the
agreement, it was the intent of Southern California Edison ( "Developer ") to develop their
property (referred to as Exhibit A). According to Section 6.20 of the Development Agreement
"developer shall construct a thirty -two (32) foot wide paved access road to the Property to serve
as the primary access until such time as the Improvements referenced in Section 6.22 are
constructed. At such time as the Improvements in Section 6.21 are opened to the public, the
paved access road shall become an emergency access only for the Property. The paved access
road shall be located generally following the existing unpaved access road to the Property with
the final location of said paved access road to be determined by the City at its sole and unfettered
discretion ".
Based upon improvements, which have regularly been constructed under SCE high
voltage lines as well as SCE's own plans to develop the subject property (it is assumed that SCE
deemed this project safe), it has been assumed that there are no public safety issues.
The potential impact of the 40 -foot strip of land to be taken through eminent domain, on
Edison's utility of their exclusive easement (including future expansion plan limitations and the
impact on Edison's maintenance of the existing lines) has also been considered. In the before
condition, Edison entered into an agreement to construct a thirty -two (32) foot wide paved access
LA #4643- 4305.0242 Y1 -5- 000056
road to serve as the primary access until such time as the Improvements referenced in Section
6.22 are constructed. At such time as the Improvements in Section 6.21 are opened to the public,
the paved access road shall become an emergency access only for the Property.
According to Section 6.14 of the agreement "prior to any subdivision or new use of the
property, Developer agrees to acquire and construct, at their sole cost, dedicated public access to
the properties, as approved by the City Council. Secondary access to comply with City and
public safety requirement shall also be provided at their sole cost ".
The City of Moorpark agreed to rezone the adjacent SCE property from AE to M -2
(Limited Industrial), with limitations, to enable Southern California Edison to develop their
property. The burdens of the Agreement are binding upon, and the benefits of the Agreement
inure to, each Party and each successive successor in interest thereto and constitute covenants
that run with the property.
In addition, in the "before condition" there is a recorded Grant Deed (Easement) in favor
of A -B Properties, a California General Partnership. The easement includes a 40.00 foot wide
non - exclusive appurtenant easement for public access road, emergency access and utility
purposes, together with an easement for slope purposes over the subject property for the benefit
of the A -B Properties, including any future subdivide portions thereof.
The severance damage as it relates to Southern California Edison is calculated as the
difference in the before and after value of the easement and not what has been gained by the
public agency. The damages to the remainder in the after condition as well as offsets for benefits
to the affected property from the proposed public road easement have also been considered.
Based upon the foregoing, the before condition includes an existing paved access road,
which appears to negate the Edison claims that a 40 -foot access road being taken impacts the
utility of their existing exclusive easement. It does not appear that the additional 8 -foot width
which would result from the 32 -foot access road referenced in the Development Agreement,
places additional limitations on SCE's utility of its Right of Way Easement.
In addition, any loss in value as a result of shared access after the public road is
constructed (the SCE easement rights in the before condition are exclusive) will likely be
balanced by superior accessibility for SCE after the road is constructed. This determination is
based upon typical real estate access and does not consider any business losses that SCE could
claim. Furthermore, the proposed 40 -foot strip of land to be taken through eminent domain is
considered to be temporary and will ultimately be utilized as emergency access only.
Taking the aforementioned into consideration, the severance damages to Southern
California Edison as a result of the second public road easement is determined to be nominal,
and for the purpose of this appraisal the Just Compensation is estimated to be $ 1,000.
LA*4843-1305 -0242 v1 -6- ;)0005 •
TOTAL TUST COMPENSATION TO BE AWARDED
Valuation Of Part Taken $ -Q-
+ Severance Damages To The Remainder
- -to underlying fee owner $I,000
—to SCE $1,000
LA 114843- 4305 -0242 v 1 -7- 000058
ATTACHMENT "A"
LEGAL DESCRIPTION— AFFECTED PROPERTY
GRANTOR PROPERTY
The East half of the Southeast quarter of Section 6, Township 2 North,
Range 15 West, Rancho Simi, in the County of Ventura, State of California,
as shown on map entitled, "Map of the Lands of Rancho Simi, in Ventura
and Los Angeles Counties, California', and recorded on book 3, page 7
of Maps, in the office of the County Recorder of said County and particularly
described as follows:
Beginning at a point in the centerline or that certain public road. 60 feet
wide locally known as and called "Los Angeles Avenue" at the corner common
to Sections 5, 6, 7 and 8 of Township 2 North, Range 19 West, Rancho Simi,
as shown on the above described map, said point of beginning being the
Southwest corner of Tract "0" as shown on map entitled, "Map of a Part of
Tract "L" of Rancho Simi, Ventura County, California, showing the Townsite
of Moorpark and lands of Mandeleine R. Poindexter, a resubdivision of
Fremont Tract" and recorded in book 5, page 5 of Yaps, in the office of the
County Recorder of Ventura County; thence from said point of beginning.
1st:
North 40
chains to the Southeast corner of Lot 56 of
Vallette
Tract, as per map recorded in book 3, page 41 of
Maps, in
the office of the County Recorder of said
County;
thence at right angles,
2nd
ilest 20
chains to the Southwest corner of said Lot 56 of
Vallette
Tract, at the Northeast corner of that certain
parcel of
land conveyed to Mary Frances Estes, by deed
dated October
22, 1902 and recorded in book 87, page 120
of Deeds;
thence at right angles,
3rd
South 40
chains along the East line of said lands of Mary
Frances
Estes to a point in the centerline of said Los
Angeles
Avenue;thence along same
4th
East 20
chains to the point of beginning.
EXCEPT THEREFROM that portion lying Southerly of the Northerly line of that
certain strip 100 feet wide described in the deed to the Southern Pacific
Railroad Company, recorded November 13, 1899 in book 58, page 595 of Deeds.
{APN: 500 -0- 340 -040, Reference Dnlyj
LAN4843- =1305 -0242 vl -9- 000059
ATTACHMENT "B"
OWNERSHIP INFORMATION -AFFECTED PROPERTY
HITCH OWNERSHIP INFORMATION
Percentage
Vesting
Ownership
f JOHN REID MILLIGAN, a married man acting as to his separate
6.9444
property, as to an undivided W.
Michael S. and Marshalt C. Milligan as Go- Trustees under Trust
Agreement daled September 18, 1957 for the benefit of A_A. Milligan. as to
an undivided %:
8.3333
JOHN R. MILLIGAN, as Trustee under Trust Agreement dated
September 18, 1957, with Julia Levy Milligan as Trustor for
the benefit of John Levy Milligan, as to an undivided °/ ;
8.3333
THE RICHARD H. JONES LTD PARTNERSHIP, a
Colorado Limited Partnership, as to an undivided %:
12.5000
JOHN R. MILLIGAN, as Trustee under Trust Agreement
dates October 25, 1962, with Anna Eugenie Waterman as
Trustor for the benefit of John Levy Milligan, as to an undivided °!o;
2.7778
Michael S. and Marshall C. Milligan as Co Trustees under Trust Agreement
dated October 26. 1962, with Anna Eugenie Waterman as Truslor
for the benefit of AA Milligan, as to an undivided %:
2.7778
RICHARD S. HAMBLETON. JR.. as Trustee of the MGM t r
Trust , dated December 14, 1990, as to an undivided %;
6.9444
JULIA MILLIGAN SUMMERS. a marled woman acting as
to her separate property, as to an undivided l;
6.9445
SUSAN C. BAVO, as Trustee of the Susan C. Savo Trust.
dated October 26, 1993, as to an undivided %;
6.2500
Alison Jones Pomalto and Alan J. Pomano, co-Trusteas of the
Pomano Living "trust, dated August 3. 1985, as to an undivided %
12.5000
Louis David Bavo as Trustee of the Palmyre Lucie Savo Trust
dated December 28, 1983, as to an undivided %,;
9.3750
Louis David Bavo as Trustee of the Nicole Kathleen Bavo Trust
dated December 2B, 1983, as to an undivided %;
9,3750
KIMBERLEY JEANNE MILLIGAN. as Trustee of the Kimberley J.
6.9444
Milligan Trust dated May 16. 1995. as to an undivided _ _ %:
100.000
UPDATED; 5116107
h:home %hvw masterlhitch- percentages.xis
LA #4843 -4305 -0242 vl -9- o 00 0 V 0
ATTACHMENT "C"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP i
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B° OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153.14 FEET,
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
LA 114643 -4305 -0242 vi -10- () 0 0 061
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND,
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH B9 °58'02" EAST, 4,OD FEET TO
THE TRUE POINT OF BEGINNING.
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02° WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'0900" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
;ENSE EXPIRES 12/31109
TE PREPARED: 03/05108
/SID tANO SL�L
U�? JOHN MARTIN
SMITH °y
EXP. 12/31/08
\�POBOcAt�f���
LA 1!4843 - 4303 -0242 v 1 —11— " 11 v U V V 2
ATTACHMENT "D"
PROPERTY DESCRIP "LION AND ANALYSIS
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
-- --- EXISTING LOT LINE
CENTERLINE
ACCESS ROAD EASEMENT
SLOPE EASEMENT
----- -- - - -- EXISIING EASEMENT
I �
1 I NOS'45'27-W
(RAD) E>���NS
.D.
SEE DETAIL SCALE: 1 "=250'
SHEET ON
SHEET 2
N70'57'10.w I T.P.O.B. —STRIP 1
(PRC) I % 1
L2
STRIP T FQSFy�CIe �\ I
OP T I "' ` l \� �`�
EJIS&VI .o
co
1¢�20.00'
w
\'NORTHERLY LINE OF PARCEL "B' OF M 1$
[NST. N0. 21211 AEC. 4/26/62
1N BK 2141 PG 55B Ol Stpz1 "t I z a
TiON Of 5t58 V1R��CIA S1M1• (l CIF
CLY f / c 1/2 OF E 6E �P OF TLyg 4 ,1, p AGE T. µ.R• P.O.B. I .00'
T. 2 N.. R. 19 W. S.E.
S.S.M. 8 .S 6
- T. . C 2 N., , R. 19 19 W. i
— LOS ANM ES AVENUE
LINE TABLE
LINE BE IN
1 LENGTH
u N89 SB'02`w
2o,ao'
L2 N89'S8'O2'W
1 12,00'
CURVE TABLE
_
CURVE
DELTA
RADIUS
LENGTH
C1
70',59-D a-
84.00'
104.07'
C2
57-I2'Di'
84.00
83.86'
C3
64'02'41"
137.00'
153,14'
C4
59'02'59"
145.00'
149.44'
ACCESS ROAD EASEMENT RE— ALIGNMENT
CITY OF MOORPARK, CALIFORNIA
L`I :'.
�! Development F4oP e C6DIIILQI hr-
,
Ll-. -- -". r
.
917% c u= anuivjj*
Ir4
000063
LA 9-19-13-4305-0242 vI -12-
PROPERTY DESCRIPTION AND ANALYSIS
40 -FOOT PUBLIC ROAD EASEMENT
LA 1J4643- 4305 -0242 v 1 -j 3- 000064
DETAIL
N
I
N.T.S.
CS
p
II
f
6.28'
Cfi
90'00'DO'
4.OD'
6,28'
I
L4
P. � PCL 'A'
`oo•
L2
t
U
�l
I
T.13.0.9.
P.O.B. - PCL "B'
STRIP 1 L
I
rp
t
Alf C6
t
Q
I
l*
n
f
LEGEND
m
a
E)aSt7Na LOT LINE
- - - CENTERLINE
ACCESS ROAD EASEMENT
s
----- ------ EASTING EASEMENT
a
LINE TABLE
CURVE TABLE
n LINE
BEARING
LENGTH CURVE
DELTA RADIUS LENGTH
w tt
Na9'sa'a2'w
20.00' ct
7a•ss•DB' 84.p0' 104-.Or
W
L2
N89'Sa'02 "w
1200'
s
[3
N00'01'58'E
a
0 L4
S89'58'02•E
4.00'
LS
soorot'sa•w
+.oa•
L6
N89'SB'02'W
4.00'
0
SHEET 2 OF 2
N
Ilerdo t Ru m CAMMILtu{i, Inc
o ACCESS ROAD EASEMENT RE- ALIGNMENT
QRC� �m�r
CITY OF MOORPARK, CALIFORNIA
LA 1J4643- 4305 -0242 v 1 -j 3- 000064
CS
96'00'00'
4.00'
6.28'
Cfi
90'00'DO'
4.OD'
6,28'
LA 1J4643- 4305 -0242 v 1 -j 3- 000064
}44 South Flower Street - Suite 2400
as Angeles, California 90071 -2953
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
BURKE. WILLIAMS & SORENHN, LLP
September 2, 2008
Walker A. Matthews 111, Esq.
Linda Anabtawi, Esq.
Southern California Edison
P.O. Box 800
2244 Walnut Grove Ave.
Rosemead, California 91770
Direct No.: 213.236.2819
Our File No.: 01359 -0187
asozio @bwslaw.com
Re: Offer To Purchase Interest In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0- 200 -040
Moorpark, CA
Dear Mr. Matthews and Ms. Anabtawi:
The City of Moorpark ( "Moorpark ") is considering constructing a public road for
ingress, egress and utility purposes ( "Road Project "). It has been determined that the
Road Project will require the acquisition of a portion of your interests in property
identified by Ventura County Assessor Parcel Number 511 -0- 200 -040.
The property interests required for this Road Project ( "Interests ") consist of a
non - exclusive appurtenant easement and right of way for public access road,
emergency access and utility purposes, together with an easement for slope purposes,
and are described and depicted on Attachments "C" and "D" to the enclosed appraisal
summary. The Interests shall serve as the primary access to that property owned by
A -B Properties described as all of lots 1 through 17 inclusive per Tract No_ 5147,
Miscellaneous Records 158 MR 37, Recorded as Document # 20070820 - 00162805 -0
with the County Recorder ( "Property ") until such time as the Improvements (as defined
in Section 6.22 of the Development Agreement by and Between the City of Moorpark
and A -B Properties) are constructed or until other alternative access is provided via
construction of a 2 --lane portion of Northhills Parkway from the Property to Gabbert
Road following Moorpark's approval of an amendment to said Development Agreement,
after which the paved access road shall become an emergency access only for the
Property. The Interests to be acquired shall also allow for the installation, repair,
replacement, maintenance and operation of subsurface water, sewer, electric, gas,
cable, and telephone utilities, and shall additionally allow for 2 empty conduits for
potential future utility use, that serve the Property.
LA #4847 -0752 -2050 v1
t)00d6S
I nt AnnPIPC - lnlanri Frnnira - nrannp C-nr rnhi - Can niann - Can Inca - 1 /anri irm r-nr inh.
BURKE, WILLIAMS & SORENSEN, LLP
Walker A. Matthews Ill, Esq.
Linda Anabtawi, Esq.
September 2, 2008
Page 2
Moorpark has obtained a preliminary title report showing that Southern California
Edison holds easement rights on and over the property identified by Ventura County
Assessor Parcel Number 511 -0- 200 --040.
It is the policy of Moorpark to acquire private property only when it is essential to
do so, and through voluntary purchase, if possible. While Moorpark has the power of
eminent domain, condemnation has not been authorized with respect to the Interests as
of this date, and cannot occur until Moorpark's City Council formally acts. Nothing in
this letter is meant to pre- commit Moorpark's City Council or otherwise limit the options
available to it.
California law requires that before making an offer for the acquisition of real
property, Moorpark must: obtain an appraisal to determine the fair market value of the
real property being acquired; establish an amount which it believes to be just
compensation for that property; and make an offer to the owner for an amount not less
than the just compensation so determined. Moorpark has, accordingly, had the
Interests appraised by an independent, professional appraiser to determine its fair
market value, as defined in California Code of Civil Procedure section 1263.320. It was
appraised on August 13, 2008 in accordance with commonly accepted appraisal
standards and included consideration of the highest and best use of the land, the land's
current use and any improvements located thereon. Pursuant to Southern California
Edison's request, Moorpark's appraiser met with representatives from Southern
California Edison at which time Southern Califomia Edison presented material it
believed to be relevant to the value of the property, which material was carefully
considered by the appraiser. The appraisal has been completed and reviewed, and
Moorpark has determined an amount, which constitutes the full amount believed by
Moorpark to be just compensation for the property taken and any damages thereto.
Using a date of valuation of July 8, 2008, the total just compensation to Southern
California Edison for the taking of the interests was determined by the appraiser to be
ONE THOUSAND AND 00/100 ($1,000.00). The basis for the computation of this
amount is explained in the Appraisal Summary Statement enclosed herewith. This
amount includes consideration of the amount of damage, if any, to the remainder, and
disregards any change in the fair market value of the property to be acquired caused by
the Road Project.
Based on the foregoing, Moorpark hereby offers you the sum of ONE
THOUSAND AND 00 /100 ($1,000.00) as just compensation for the acquisition of the
Interests- In acquiring the Interests, Moorpark will pay all usual fees, charges, and
LA #4847 - 0752 -2050 v1 (.)V 0 06 G
BURKE. WILLIAMS & SORENSEN, LLP
Walker A. Matthews 111, Esq.
Linda Anabtawi, Esq.
September 2, 2008
Page 3
costs that arise out of this transaction. If this offer is acceptable to you, please so
indicate to the undersigned in writing. Upon your acceptance, Moorpark will prepare
and forward to you the appropriate documents to complete the transaction. Please note
that this offer is subject to the ratification of an agreement for purchase and sale by the
City Council.
The amount of the offer is additionally predicated on the assumption that there
exists no hazardous substance, product, waste, or other material of any nature
whatsoever which is or becomes listed, regulated, or addressed pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act, 42 United
States Code Section 9601, et seq., on the Property, and that the Property is free of
hazardous substances (as that term is defined under California Health and Safety Code
Section 33459(b)) and all other subsurface soil contamination. The amount offered is
also subject to an environmental site inspection, and the cost to remediate any identified
problems may affect the valuation of the subject property. In the event that any facts or
circumstances arise which indicate the presence of such subsurface contamination,
Moorpark reserves the right to rescind or modify the offer stated above at any time prior
to its written acceptance, to reflect the estimated or actual costs to remediate the
property to the satisfaction and approval of all applicable regulatory agencies. Further,
in the event Moorpark purchases the Property and afterwards discovers such soil
contamination, Moorpark reserves all rights and remedies it may have against you and
all prior owners to seek damages or other obligations Moorpark incurs as a result of the
contamination, as may be permitted or authorized by any law, including, but not limited
to, CERCLA (42 U.S.C. §9601 et seq.), the Hazardous Waste Control Law (California
Health and Safety Code §25100 of seq.), the Porter Cologne Act (California Water Code
§13000 et seq.), California Health and Safety Code §25280 et seq., §33459 et seq., and
provisions of Proposition 65.
Please be advised that the amount offered does not reflect any consideration of
or allowance for any relocation assistance payments to which you or any occupant of
the subject property may be entitled.
Please be advised that Section 1263.025 of the Code of Civil Procedure requires
that Moorpark offer to pay the reasonable costs, not to exceed five thousand dollars
($5,000.00), of an independent appraisal ordered by the owner of a property that
Moorpark offers to purchase under a threat of eminent domain. The independent
appraisal shall be conducted by an appraiser licensed by the Office of Real Estate
Appraisers.
LA #4847 -0752 -2050 v1 4 100 067
BURKE. WILLIAMS & SORENSEN, LLP
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
September 2, 2008
Page 4
If for any reason you do not accept Moorpark's offer, please be advised that the
matters included within this letter, as well as the attached summary statement, fall within
the provisions of, infer alia, Section 1152 and 1154 of the California Evidence Code,
Section 1255.460 of the Code of Civil Procedure, and Sections 7267.1 and 7267.2 of
the Government Code, and are not admissible in evidence in any legal proceeding.
Should you have any questions regarding this offer or have information regarding
the value of your property, please do not hesitate to contact me at the address,
telephone number or email address set forth above.
Sincerely,
BURKE, YVlLVAM,'jj& SORENSEN, LLP
FS
AAS:amc
Enclosures
LA 44847- 0752 -2050 vi
iloi»68
APPRAISAL SUMMARY
LEGAL DESCRIPTION OF AFFECTED PROPERTY:
See attachment A.
PROPERTY DESCRIPTION:
The subject larger parcel is identified by Ventura County Assessor's Parcel Number 511-
0- 200 -040.
PROPERTY OWNERS: See attachment B.
PROPERTY LOCATION: Off Gabbert Rd., north of Los Angeles Ave. in the
City of Moorpark, California
INTERESTS TO BE ACQUIRED:
A non - exclusive appurtenant easement and right of way for public access road,
emergency access and utility purposes, together with an easement for slope purposes, and which
are described and depicted on Attachments "C" and "D" attached hereto. The Interests shall
serve as the primary access to that property owned by A -B Properties described as all of lots 1
through 17 inclusive per Tract No. 5147, Miscellaneous Records 158 Na 37, Recorded as
Document # 20070820 - 00162805 -0 with the County Recorder ( "Property ") until such time as the
Improvements (as defined in Section 6.22 of the Development Agreement by and Between the
City of Moorpark and A -B Properties) are constructed or until other alternative access is
provided via construction of a 2 -lane portion of Northhills Parkway from the Property to Gabbert
Road following City's approval of an amendment to said Development Agreement, after which
the paved access road shall become an emergency access only for the Property. The Interests to
be acquired shall also allow for the installation, repair, replacement, maintenance and operation
of subsurface water, sewer, electric, gas, cable, and telephone utilities, and shall additionally
allow for 2 empty conduits for potential future utility use, that serve the Property.
MARKET VALUE DEFIMTION:
The fair market value of property acquired as defined in Section 1263.320 of the
California Code of Civil Procedures is "the highest price on the date of valuation that would be
agreed to by a seller, being willing to sell but under no particular or urgent necessity for so
doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no
particular necessity for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
LA 114843- 4305-0242 v1 -I- o00069 069
PRESENT USE:
ZONING:
HIGHEST & BEST USE:
APPRAISAL DATE:
DATE OF VALUE:
Vacant Land
A -E (Agricultural Exclusive)
Utilize For Agricultural Uses, Farm Or Other Animal
Uses That Conform To Current Zoning Or Hold For
Future Development
August 13, 2008
July 8, 2008
MARKET VALUE OF'l'HE SUBJECT PROPERTY:
MARKET DATA/COST APPROACH:
Land Sales Summary
SALE LOCATION
I Worth Way
Camarillo, CA
2 2055 E. La Loma
Somis, CA
3 10490 Santa Rosa Rd.
Camarillo, CA
Adjusted Land Value:
SALE PRICE SITE SIZE UNADJUSTED
DATE $ /ACRE -LAND
12/12/07 $1,250,000 48.11 acres $25,982.00
06/07/06 $1,045,000 43.04 acres $24,280.00
03/31/06 $3,000,000 132.38 acres $22,662.00
$16,000 per acre
Value of the Larger Parcel (Before Condition):
33.57 acres @ $16,000 /acre = $537,260
Rounded to $537,000
LA 1!48,13 -4345 -0242 vl -2- 000070
Value of Part Taken as Part of the Larger Parcel:
The part taken comprises 1.355 acres. However, the entirety of the part taken is already subject
to an existing Right -of -Way easement recorded January 4, 1968 in favor of Southern California
Edison Company ( "SCE "). In addition, in the "before condition" (condition of the property
before the interest described is acquired) there is a recorded Grant Deed (Easement). The
grantee is A -B Properties, a California General Partnership. The easement includes a 40.00 foot
wide non - exclusive appurtenant easement for public access road, emergency access and utility
purposes over Grantor's real property for the benefit of the A -B Property, including any future
subdivide portions thereof. When a second easement is sought on land already burdened by an
existing easement, the owner of the servient land is limited to the difference in value of the Iand
before and after the imposition of the second easement; and, if no substantial difference in value
is shown, only nominal damages will be awarded. Here, no additional adverse utility
adjustments are determined to be warranted for the taking of the 1.355 acre easement. Hence,
the estimated value of the part taken is determined to be nominal.
LA 114843 - 4305 -0212 v1
0000'71
SEVERANCE DAMAGES
To Underlying Fee Owner:
In the before condition, there is a recorded grant deed on the affected property (for a
40.00 foot wide non - exclusive appurtenant easement for public access road, emergency access
and utility purposes, together with an easement for slope purposes). In addition, due to the SCE
easement, there are large utility improvements, which are considered to be an adverse visual
influence. The SCE right of way easement also decreases the privacy and quiet enjoyment of the
affected property. Taking the aforementioned into consideration, the loss to the remainder as a
result of the interest to be acquired by the City of Moorpark is considered to be nominal
(estimated at no greater than $1,000).
We have also considered offsets for benefits to the affected property from the interest to
be acquired by the City of Moorpark. According to the California Code of Civil Procedure
(section 1263.410), "compensation for injury to the remainder is the amount of the damage to the
remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to
the remainder equals or exceeds the amount of the damage to the remainder, no compensation
shall be awarded under this article ".
The amount of benefit is established by determining any reasonable certain increase in
the market value of the remaining property caused by the proposed public road easement. Due to
the recorded grant deed on the affected property (for a 40.00 foot wide non - exclusive
appurtenant easement for public access road, emergency access and utility purposes, together
with an easement for slope purposes), there is no additional projected benefit, to the remainder of
the affected property, as a result of the additional interest to be acquired by the City of Moorpark
(no offsets for benefits are warranted).
Valuation Summary— Affected Property
Market Value of the Affected Property in the Before Condition $ 537,000
Less:
Value of the Part Taken (Public Road Easement) $ 0 (so)
Market Value of the Remainder in the Before Condition $ 537,000
Less: Damages to the Remainder: $ 1,000 ($ 1,000)
Value of the Remainder in the After Condition: $ 536,000
Just Compensation: $ 1,000
LA 114643,1305 -0242 v1 -4- 000072
VALUATION OF SEVERANCE DAMAGES To Southern California Edison:
The holder of an easement is entitled to damages when the easement is taken or damaged
for public use. The severance damages to SCE's Right -of -Way easement has been considered
herein.
Parcel 511 -0- 200 -055 (located adjacent to the proposed 40 -foot strip of land, to be taken
through eminent domain) is owned by Southern California Edison. According to a Right -Of-
Way easement, recorded January 4, 1968, Southern California Edison Company has the
"permanent and exclusive easement and rights of way to construct, operate, use, maintain,
inspect, repair, renew, replace, reconstruct, enlarge, alter, add to, improve, relocate and /or
remove, at any time and from time to time, electric lines, equipment etc., together with the
easement and right of way for roads, ingress, egress and other convenient purposes..." Southern
California Edison also has "the right to clear and keep clear said easements and rights of way ",
including "parking of automobiles, trucks or other mechanical equipment, for protection from
fire and other hazards and from interference with ingress and egress and with the unobstructed
use of said easements and rights of way" (see Right -Of- -Way easement for additional details).
Edison has constructed improvements on this Right-Of-Way. There are two 220 KV
lines into the substation (on the adjacent property) as well as three 220 KV lines (north- south)
and two 66 KV lines (north- south). The proposed 40 -foot strip of land to be taken through
eminent domain is within the area described within SCE's Right -Of -Way easement. SCE claims
that said 40 -foot strip of Iand to be taken through eminent domain, impacts the utility of their
exclusive easement, could limit their future expansion plans, limits operation and maintenance of
the existing lines and could impact public safety.
With regard to SCE's safety concerns, SCE has previously approved numerous building
projects under high voltage lines. See November 18, 2007 Los Angeles Times article (Edison
Zaps Lease -Build Program).
More specific to the subject property, there is a Development Agreement between the
City of Moorpark and Southern California Edison, recorded March 5, 1999. According to the
agreement, it was the intent of Southern California Edison ( "Developer ") to develop their
property (referred to as Exhibit A). According to Section 6.20 of the Development Agreement
"developer shall construct a thirty -two (32) foot wide paved access road to the Property to serve
as the primary access until such time as the Improvements referenced in Section 6.22 are
constructed. At such time as the Improvements in Section 6.21 are opened to the public, the
paved access road shall become an emergency access only for the Property. The paved access
road shall be located generally following the existing unpaved access road to the Property with
the final location of said paved access road to be determined by the City at its sole and unfettered
discretion ".
Based upon improvements, which have regularly been constructed under SCE high
voltage lines as well as SCE's own plans to develop the subject property (it is assumed that SCE
deemed this project safe), it has been assumed that there are no public safety issues.
The potential impact of the 40 -foot strip of land to be taken through eminent domain, on
Edison's utility of their exclusive easement (including future expansion plan limitations and the
impact on Edison's maintenance of the existing lines) has also been considered. In the before
condition, Edison entered into an agreement to construct a thirty -two (32) foot wide paved access
LA 11484311305.0242 vl -5-
o(iu073
road to serve as the primary access until such time as the Improvements referenced in Section
6.22 are constructed. At such time as the Improvements in Section 6.21 are opened to the public,
the paved access road shall become an emergency access only for the Property.
According to Section 6.14 of the agreement "prior to any subdivision or new use of the
property, Developer agrees to acquire and construct, at their sole cost, dedicated public access to
the properties, as approved by the City Council. Secondary access to comply with City and
public safety requirement shall also be provided at their sole cost ".
The City of Moorpark agreed to rezone the adjacent SCE property from AE to M -2
(Limited Industrial), with limitations, to enable Southern California Edison to develop their
property. The burdens of the Agreement are binding upon, and the benefits of the Agreement
inure to, each Party and each successive successor in interest thereto and constitute covenants
that run with the property.
In addition, in the "before condition" there is a recorded Grant Deed (Easement) in favor
of A -B Properties, a California General Partnership. The easement includes a 40.00 foot wide
non - exclusive appurtenant easement for public access road, emergency access and utility
purposes, together with an easement for slope purposes over the subject property for the benefit
of the A -B Properties, including any future subdivide portions thereof.
The severance damage as it relates to Southern California Edison is calculated as the
difference in the before and after value of the easement and not what has been gained by the
public agency. The damages to the remainder in the after condition as well as offsets for benefits
to the affected property from the proposed public road easement have also been considered.
Based upon the foregoing, the before condition includes an existing paved access road,
which appears to negate the Edison claims that a 40 -foot access road being taken impacts the
utility of their existing exclusive easement. It does not appear that the additional Moot width
which would result from the 32 -foot access road referenced in the Development Agreement,
places additional limitations on SCE's utility of its Right of Way Easement.
In addition, any loss in value as a result of shared access after the public road is
constructed (the SCE easement rights in the before condition are exclusive) will likely be
balanced by superior accessibility for SCE after the road is constructed. This determination is
based upon typical real estate access and does not consider any business losses that SCE could
claim. Furtliermore, the proposed 40 -foot strip of land to be taken through eminent domain is
considered to be temporary and will ultimately be utilized as emergency access only.
Taking the aforementioned into consideration, the severance damages to Southern
California Edison as a result of the second public road easement is determined to be nominal,
and for the purpose of this appraisal the Just Compensation is estimated to be $ 1,000.
LA 114843 -4301 -0242 v] -6- 000074
TOTAL JUST COMPENSATION TO BE AWARDED
Valuation Of Part Taken $ -0-
+ Severance Damages To The Remainder
---to underlying fee owner $1,000
—to SCI: $1,000
LA #4843 - 4305 -0242 vF -7- 000075
ATTACHMENT "A"
LEGAL DESCRIPTION -AFFECTED PROPERTY
GRANTOR PROPERTY
The East half of the Southeast quarter of Section 6, Township 2 North,
Range 19 West, Rancho Simi, in the County of Ventura, State of California,
as shown on map entitled, "Map of the Lands of Rancho Simi, in Ventura
and Los Angeles Counties, California" and recorded on book 3, page 7
of Maps, in the office of the County Recorder of said County and particularly
described as follows:
Beginning at a point in the centerline or that certain public road, 50 feet
wide locally known as and called "Los Angeles Avenue" at the corner cofroon
to Sections 5, 6, 7 and B of Township 2 North, Range 19 West, Rancho Simi,
as shown on the above described map, said point of beginning being the
Southwest corner of Tract "0" as shown on map entitled, "Map of a Part of
Tract "L" of Rancho Simi, Ventura County, California, showing the Townsite
of Moorpark and lands of Mandeleine R. Poindexter, a resubdivision of
Fremont Tract" and recorded in book 5, page 5 of Naps, in the office of the
County Recorder of Ventura County; thence from said point of beginning.
1st:
North 40 chains to the Southeast corner of Lot 56 of
Vallette Tract, as per map recorded in book 3, page 41 of
baps, in the office of the County Recorder of said
County; thence at right angles,
2nd
Wait. 20 chains to the Southwest corner of said Lot 56 of
Vallette Tract, at the Northeast corner of that certain
parcel of land conveyed to Mary Frances Estes, by deed
dated Octabor 22, 1902 and recorded in book B7, page 120
of Deeds; thence at right angles,
3rd
South 40 chains along the East line of said lands of Mary
Frances Estes to a point in the centerline of said Los
Angeles Avenue;thence along same
4th
East 20 chains to the point of beginning.
EXCEPT THEREFROM that portion lying Southerly of the Northerly line of that
certain strip 100 feet wide described in the deed to the Southern Pacific
Railroad Company, recorded November 13, 1B99 in book 58, page 595 of Deeds.
(APN: 500 -0 -340 -040, Reference Only)
LA V4843 -4305 -0242 vl -8- (' 00 076
ATTACHMENT `B"
OWNERSHIP INFORMATION- AFFECTED PROPERTY
HITCH OWNERSHIP INFORMATION
Percentage
Vesting
Ownership
r JOHN REID MILLIGAN, a married man acting as to his separate
6.9444
property, as to an undivided _%; _
'Michael S. and fviarshall C. Milligan as Ca- Trustees under Trust
Agreement dated September la, 1957 for the benefit of A.A. Milligan. as to
an undivided ' /e;
8.3333
JOHN R. MILLIGAN, as Trustee under Trust Agreement dated
September 18, 1957, with Julia Levy Milligan as Trustor for
the benefit of John Levy Milligan, as to an undivided Yo;
8.3333
THE RICHARD H. JONES LTD PARTNERSHIP, a
Colorado Limited Partnership, as to an undivided %:
12.5000
JOHN R. MILLIGAN, as Trustee under Trust Agreement
damo October 26, 1962, with Anna Eugenio Waterman as
Truster for the benefit of John Levy Milligan, as to an undivided _%;
2.777a
Michael S. and Marshall C. Milligan as Cc- Trustees under Trust Agreement
dated October 26, 1962, with Anne Eugenie Waterman as Trustor
for the benefit of A-A. Milligan, as to an undivided %:
2,7778
RICHARD S. HAMBLETON, JR.. as Trustee of the MGM i t
Trust . dated December 14, 1990, as to an undivided %:
6.9444
JULIA MILLIGAN SUMMERS, a married woman acting as
to her separate property, as to an undivided %;
6.9445
SUSAN C. BAVO, as Trustee of the Susan C. Savo Trust.
dated October 26, 1993, as to an undivided %;
6.2500
Alison Jones Pomalto and Alan J. Pomatto, co- Trustees of the
Pomano Living Trust, dated August 3, 1985. as to an undivided %
12.5000
Louis David Savo as Trustee of the Palmyra Lucie Savo Trust
de led December 28, 1983, as to an undivided %;
9.3750
Louis David Savo as Trustee of the Nicole Kathleen Savo Trust
dated December 28, 1983, as to an undivided %:
9.3750
KIMBERLEY JEANNE MILLIGAN, as Trustee of the Kimberley J.
6.9444
Milligan Trust dated May 16. 1995, as to an undivided %:
160.000%
UPDATED: 5116107
h:homethvw masleAhitch- percentages.xis
LA ff4843 -4305-0242 v _9_
ATTACIIMENT "C"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI. W THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 83.85 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B" OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1952 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153.14 FEET;
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, COAICAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE. OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
LA 114843-4305 -0242 vl -10- o 00 07 C,
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND_
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST. 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 °58'02" EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING_
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.D0 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND 1S MADE A PART
HEREOF FOR REFERENCE PURPOSES.
�° LAND SCR
Ulv� JOHN )AARTIN
y SMn-H p
NLS. 807 * DTP. 12/3109
TENSE EXPIRES 12131/09 yr 8070 �r
,TE PREPARED: 03/05/08 e OF CJ 0E-
l.A 44843 -4305 -0242 vi -11- 000079
ATTACHMENT "D"
PROPERTY DESCRIPTION AND ANALYSIS
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEN0
EXISTING LOT UNE
CENTERUNE
ACCESS ROAD EASEMENT
SLOPE EASEMENT
----- - - - - -- EXISTING EASEMENT
1 t
NOB'4S27-W
.I
11
SEE DETAIL
SHEET ON
SHEET 2
N70'57' 10'W
(PRC) ~
STRIP l
N
I
SCALE: 1" =250'
/ T.P.D.B. -STRIP 1
I
PG 5 _ In
--� 20.00'
-�' -^ `-NORTHERLY LINE OF PARCEL "B" OF I pp
INST. NO. 21211 RFC. 4/25/62 I a
1N BK 2141 PG 558 5jp1y 't! I z a
1) OF SO�D1V1 HGHO 51u'1. 4
ELY LINE OF THE PoRjtoN 1405 OF R%' 20,00'
S.E.
21N.ORE 9E W. MpP OF gooK .5. PE'Gr` 7, M.F• p.0_B. �'
f S.B.M. S.E. COR. SEC. 6
T. 2 N., R. 19 Yl.
- - - - - -
LO5 ANC fT FC AVENUE
LINE TABU
LINE
BEARII IG
EN LGTH
LI
N89`SH'02'W
20.66'
L2
N89'S8'02'W
1 12.00'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
cl
7059'0 -
84.OD'
104.07'
cz
5712'01'
84.00'
8186'
C3
64'02'41'
137.00'
153.14'
C4
59'02'59'
145.00'
149.44'
SHEET 1 OF Z
�I}ePe10 meat Emarce Can>zali><rt; Ire
Of -aA 31../y
ACCESS ROAD EASEMENT RE—ALIGNMENT nn L....: oanivLm
CITY OF MOORPARK, CALIFORNIA I — -Ax � — m.l
LA 11,1843- 1305 -0242 vl -12- 000080
PROPERTY DESCRIPTION AND ANALYSIS
40 -FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
N
Ct
70'S9'OB"
N.T.S.
Ne
I I
4.00'
m
C6
90'00'00"
{.DO'
'W
4.00'
L6
N8958'02"W
Ak
L4
P.O.B. —� PCL "A"
LZ
i
L1
T.P.O.B.
P.O.B. — PCL "B"
STRIP 1 L6
L5
i
n
'pq-
-
( LEGEND
EXISTING LOT UNE
— — — CENTERLINE
n
ACCESS ROAD EASEMENT
s
--- ----- - - -- EYJSIING EASEMENT
0
LINE TABLE
LINE
HEARING
LfiNGTH
Lt
N89'S8'02 "W
20.00'
L2
N89'58'02 "W
1200'
0 L3
N00'Ot'58`E
4.00'
0 L4
58958'02 "E
4.00'
LS
S00'01'58
SHEET 2 OF 2
6
U
o ACCESS ROAD
EASEMENT RE-ALIGNMENT
SRC �IJtR�D I, —.1 G1uL.JW IIlL
n �� �
CITY OF MOORPARK, CALIFORNIA
J
r
� �* u .,.�. rn.t
CURVE TABLE
CURVE
DELTA
RADIUS
Ct
70'S9'OB"
84.00'
CS
90'00'00"
4.00'
m
C6
90'00'00"
{.DO'
'W
4.00'
L6
N8958'02"W
4.00'
CURVE TABLE
CURVE
DELTA
RADIUS
Ct
70'S9'OB"
84.00'
CS
90'00'00"
4.00'
m
C6
90'00'00"
{.DO'
LA ir4843- 4305-0242 vi _13_ 000081
Writes Direct Dial: (213) 236 -2819
Our File No; 01359 -0187
asczio @bwslaw.comil
September 22, 2008
VIA CERTIFIED MAIL
Mr. Richard S. Hambleton, Jr.
Hoffman, Vance & Worthington
1000 S. Seward Ave.
Ventura, CA 93001 -3735
Re: Interests In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0 -200 -040
NOTICE OF HEARING IN CONSIDERATION OF THE INTENTION OF
THE CITY COUNCIL OF THE CITY OF MOORPARK, A GENERAL LAW
CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN PROPERTY
FOR OFF -SITE ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A
17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH
OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
Dear Mr. Hambleton:
YOU ARE HEREBY NOTIFIED, pursuant to Code of.Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Moorpark ( "City ") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property located within the County of Ventura, State of California,
for public use relative to paved public roads and utility purposes, and all uses
appurtenant thereto
The interests to be acquired ( "Interests ") consist of a non - exclusive appurtenant
easement and right of way for public access road, emergency access and utility
purposes, together with an easement for slope purposes, and are described and
depicted on Exhibits 1" and "2" attached hereto. The Interests shall serve as the
primary access to that property owned by A -B Properties described as all of lots 1
through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded
as Document # 20070820- 00162805 -0 with the County Recorder ( "Property ") until such
CC ATTACHMENT 2 000082
LA 114850 -8021 -5810 v1
444 South Flower Streer - Suite 2400
Los Angeles. California 9007 1-2953
voice 213.236.0000 fax 213 236.2700
www.bwslav ✓.COm
BURKE, WILLIAMS & SORENSEN. LLP
Writes Direct Dial: (213) 236 -2819
Our File No; 01359 -0187
asczio @bwslaw.comil
September 22, 2008
VIA CERTIFIED MAIL
Mr. Richard S. Hambleton, Jr.
Hoffman, Vance & Worthington
1000 S. Seward Ave.
Ventura, CA 93001 -3735
Re: Interests In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0 -200 -040
NOTICE OF HEARING IN CONSIDERATION OF THE INTENTION OF
THE CITY COUNCIL OF THE CITY OF MOORPARK, A GENERAL LAW
CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN PROPERTY
FOR OFF -SITE ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A
17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH
OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
Dear Mr. Hambleton:
YOU ARE HEREBY NOTIFIED, pursuant to Code of.Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Moorpark ( "City ") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property located within the County of Ventura, State of California,
for public use relative to paved public roads and utility purposes, and all uses
appurtenant thereto
The interests to be acquired ( "Interests ") consist of a non - exclusive appurtenant
easement and right of way for public access road, emergency access and utility
purposes, together with an easement for slope purposes, and are described and
depicted on Exhibits 1" and "2" attached hereto. The Interests shall serve as the
primary access to that property owned by A -B Properties described as all of lots 1
through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded
as Document # 20070820- 00162805 -0 with the County Recorder ( "Property ") until such
CC ATTACHMENT 2 000082
LA 114850 -8021 -5810 v1
�SURKE. WILUAMS n SOP,ErISEN, LLP
Mr. Richard S. Hambleton, Jr.
September 22, 2008
Page 2
time as the Improvements (as defined in Section 6.22 of the Development Agreement
By and Between the City of Moorpark and A -B Properties) are constructed or until other
alternative access its provided via construction of a 2 -lane portion of North Hill Parkway
from the Property to Gabbert Road following Moorpark's approval of an amendment to
said Development Agreement, after which the paved access road shall become an
emergency access only for the Property. The Interests to be acquired shall also allow
for the installation, repair, replacement, maintenance and operation of subsurface water,
sewer, electric, gas, cable, and telephone utilities, and shall additionally allow for 2
empty conduits for potential future utility use that serve the Property.
A hearing will be held on October 15, 2008 at 7:00 p.m., or as soon thereafter as
the City Council can hear said matter, at the Council Chambers, located in the
Community Center at 799 Moorpark Avenue, Moorpark, California 93021, if the
resolution is adopted at this meeting, it will authorize the City to acquire the Interests by
eminent domain for the construction of, and public use relative to, paved public roads
and utility purposes, and all uses appurtenant thereto to satisfy conditions of the
Development Agreement between A -B Properties and the City (hereinafter, the
"Project").
Please take further notice that you have a right to appear and be heard at said
hearing on the following matters and issues, and to have the City Council give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest, convenience and necessity require the
acquisition by the City of the Interests for the proposed Project;
b. Whether the proposed Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury;
C. Whether the Interests sought to be acquired by eminent domain and
described in the Resolution of Necessity are necessary for the proposed Project;
d. Whether the offer required by Government Code Section 7267.2(a),
together with the accompanying statement and summary of the basis for the amount
established as just compensation, was actually made and whether said offer and
statement/summary were in a form and contained all of the factual information required
by Government Code Section 7267.2(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to take ") to
LA #4e5o.8021-5810 v1 000083
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
September 22, 2068
Page 3
acquire the Interests described herein, as well as any other matter regarding the right to
take the Interests by eminent domain;
f_ Whether the City has statutory authority to acquire the Interests by
eminent domain;
g_ Whether the City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the proposed Project;
h_ Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1245.235, was given in regard to the
Interests;
i. Whether the public uses to which the Interests are to be applied by the
City, as described above, are more necessary and paramount public uses, pursuant to
Code of Civil Procedure Section 1240.610, than the use to which the property is
appropriated; and
j. Whether the public uses to which the Interests are to be applied by the
City, as described above, will not unreasonably interfere with or impair the continuance
of the public use as it exists or may reasonably be expected to exist in the future
pursuant to Code of Civil Procedure, Section 1240.510.
A copy of the proposed Resolution of Necessity will be available, upon your
request, for inspection at the office of the City Clerk at 799 Moorpark Avenue, Moorpark,
California 93621, five (5) days after this Notice is mailed and prior to the hearing at the
place of the hearing.
The amount of the compensation to be paid for the acquisition of the Interests is
not a matter or issue being heard by the City Council at this time. Your nonappearance
at this noticed hearing will not prevent you from claiming greater compensation, as may
be determined by a court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between you and the City on
the amount of compensation to be paid for the Interests.
If you desire to be heard, please be advised that a written request must be
actually received by the City Clerk within fifteen (15) days after this Notice is mailed.
The date of mailing appears at the end of this Notice. A failure to file a written request
to appear and be heard within fifteen (15) days after the Notice is mailed will result in
waiver of the right to appear and be heard on the above matters and issues that are the
subject of the hearing. If you elect not to appear and not to be heard, you will only be
LA #i 1850- 8021 -5810 v1 000084
BURKE. WILLIAMS L SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
September 22, 2008
Page 4
foreclosed from raising in a court of law the issues that are the subject of this noticed
hearing and that are concerned with the right to take the property by eminent domain.
Should you have any questions regarding this hearing, please have your
attorneys contact the undersigned at (213) 236 -0600.
Very truly yours,
BURKE, WVAV &_-agRENSEN, LLP
N A. SOZIO
AAS:amc
Enclosures
Date of Mailing: September 22, 2008
LA #4850 -8021 -5810 v1 w "J00085
tt E
BURKE. WILLIAMS d SGRENSEIV, LLP
EXHIBIT I
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH B9 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °56'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B" OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02`41" AN ARC LENGTH OF 153.14 FEET;
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION S.
LA #4850- 8021 -5810 vl 000086
�G-
t
4 rw- � -:��:7 Fr_ � NI'''�7 r3�S '' .:y-'•l + -w;��. �F'.F+! � �;�;fi,�
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 1
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND,
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST, 4,00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 °58'02" EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02" WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN
ARC LENGTH OF 6 -28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89'58'02" WEST, 4.OD FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION 15 DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
;ENSE EXPIRES 12/31109
TE PREPARED: 03/05/08
LANO SL�L
JOHN MARTIN �A
smrrH m
EXP. 12/JI /ti9 7�
ffeOCA
O�,Fo��
LA #4850- 8021 -5810 v1 yJ O U 08 /
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BURKE, WILLIAMS 50RENSEN, LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
— — EXISTING LOT LINE
CENTERLINE
ACCESS ROAD EASEUENT
1�- 7\7 \mN SLOPE EASEMENT
----- - - - - -- 00F'iT1NG EASEMENT
N06- 45.27 -W
�r (RAO) — >-cpv-
SEE DETAIL
SHEET ON
SHEET 2
N70'57'10'W
(PRCF
f7 1
STRIP 1 C3o \
SCALE: 1 " =250'
,$
p
G 6
~� �NORTNERLY LINE OF PARCEL '13' OF
INST. NO. 21211 AEC. 4/26/62
IN SK 2141 PG 558
of 5U�D1N151p1j
E'LY LINE OF THE pORT1oK i0H OF F.A "C
W. 1/2 OF THE F -TY,E 11 £ T, M
S.E. 1/11 SEC, 5 pp 0 p AO
f T. 2 W. R. 19 W. HOOK
j5.8.1r�.
�t - LOS ANGELES AVENUE
LINE TABLE
LINE
11=1IIG
LENGTH
U
N89 58'02"W
20.00'
L2
N89'58.02'W
72.00
1
_p �� `n
'- f o
o_ 'D
gk
Lr
0
w
m
1Q Q
L �
g �
�0 S11A1.
2Q.00'
F:• �
S.E. COR. 5EG. 6 I
T. 2 N., R. 19 Yf.
_
S.S.W.
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
CI
70'Z9'00-
84.00'
104.07'
C2
5712'01'
84.00'
83.86'
C3
64'02141'
137.00'
153.14'
C4
19'02'59"
145.00'
149.44"
{� SHEET 1 OF 2
�■� „�Derrla neat $ew�ete C=Wt aasaJhah, Iaa
U
ACCESS ROAD EASEMENT RE- AGNMEN7 y�1� �j• -., • ...�..f..
CITY OF MOORPARK, CALIFORNIA " � SWAXWAM
LA #4850- 8021 -5810 v1
000088
xywr � �°.'-t�»6 3 �14?�L rP w'�'r.�'+vt ='—. •� .s .
1�� P -�'�'. S� F'} • �t�a„ Iii i ts�Sr}^l"� '„} y i�,�r`
al Y
.BURKE, WILLIAMS SORENISEN, LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
RADIUS
N
C1
74'54'08'
84,00'
N.T.S.
CS
iI
6.28'
Cfi
1
6.28'
� O e- \
'W
I
,
L4
P.O.B. -I PCL 'A'
-LZ
i
LI
/�
STRIP 1
NO_
IIIk
'
�
C6
I
/1
LEGEND
g
— -- — EXISTING LOT LINE
--- — CENTERLINE
ACCESS ROAD EASEMENT
c
----- - - - - -- EXISTING EASEMENT
v
LINE TABLE
LINE
13EARINC
LENGTH
LI
N89'S8'02`W
24.40'
LZ
N89'S8'OZ'W
5200'
L3
N00'41'58'E
4.06'
L4
S89'58'62'E
4.00'
s° L5
540TIY58 "W
4.00'
L6
tl89'58'O2
SHEET 2 OF 2
4
U
ACCESS ROAR
EASEMENT RE- ALIGNMENT
°' lm= . ovdt
��DETLIo �aoaQSC G>twltub, Inc
o
CITY OF MOORPARK, CALIFORNIA
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C1
74'54'08'
84,00'
{04.07'
CS
90'00'06'
6.28'
Cfi
96'00'00'
6.28'
'W
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C1
74'54'08'
84,00'
{04.07'
CS
90'00'06'
6.28'
Cfi
96'00'00'
6.28'
LA #4850- 8021 -5810 v1 000089
'Ny�ty'�i�+3i ; $2, y'� `�-� -ski 7�r �r'j�j� .ni��. ��. ' • • _ _ ' ' / /
a -
� ��. -_-fr° r:+='x �.; � ��t� Lit :x� 3r '� . � T.. • 1 . / / f /
•
Wrilere fired Dial: (213) 236 -2819
Our File No; 01359 -1067
asozia@bwslaw. romil
September 22, 2008
VIA CERTIFIED MAIL
Walker A. Matthews Ill, Esq.
Linda Anabtawi, Esq.
Southern California Edison
P.O. Box 800
2244 Walnut Grove Ave.
Rosemead, California 91770
Re: Interests In Land Over 40 -l=oot Strip Of Land
Portion of APN 511 -0- 200 -040
NOTICE OF HEARING IN CONSIDERATION OF THE INTENTION OF
THE CITY COUNCIL OF THE CITY OF MOORPARK, A GENERAL LAW
CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN PROPERTY
FOR OFF -SITE ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A
17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH
OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
Dear Mr. Matthews and Ms. Anabtawi:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Moorpark ( "City ") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property Iocated within the County of Ventura, State of California,
for public use relative to paved public roads and utility purposes, and all uses
appurtenant thereto.
The interests to be acquired ( "Interests ") consist of a non -- exclusive appurtenant
easement and right of way for public access road, emergency access and utility
purposes, together with an easement for slope purposes, and are described and
depicted on Exhibits 1" and "2U attached hereto. The Interests shall serve as the
primary access to that property owned by A -B Properties described as all of lots 1
through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded
as Document # 20070820 - 00162805 -0 with the County Recorder ( "Property ") until such
time as the Improvements (as defined in Section 6.22 of the Development Agreement
LA #4822- 5255 -5523 v1 000090
.,.,.r L� Sig `! ��+ -L+:S 't" 3i.� i ' �'••lrN4. "[� �+ -�-,F� -,. ,�_^
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
September 22, 2008
Page 2
By and Between the City of Moorpark and A -B Properties) are constructed or until other
alternative access is provided via construction of a 2 -lane portion of North Hill Parkway
from the Property to Gabbert Road following Moorpark's approval of an amendment to
said Development Agreement, after which the paved access road shall become an
emergency access only for the Property_ The Interests to be acquired shall also allow
for the installation, repair, replacement, maintenance and operation of subsurface water,
sewer, electric, gas, cable, and telephone utilities, and shall additionally allow for 2
empty conduits for potential future utility use that serve the Property.
A hearing will be held on October 15, 2008 at 7:00 p.m., or as soon thereafter as
the City Council can hear said matter, at the Council Chambers, located in the
Community Center at 799 Moorpark Avenue, Moorpark, California 93021. If the
resolution is adopted at this meeting, it will authorize the City to acquire the Interests by
eminent domain for the construction of, and public use relative to, paved public roads
and utility purposes, and all uses appurtenant thereto to satisfy conditions of the
Development Agreement between A -B Properties and the City (hereinafter, the
"Project ").
Please take further notice that you have a right to appear and be heard at said
hearing on the following matters and issues, and to have the City Council give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest, convenience and necessity require the
acquisition by the City of the interests forthe proposed Project;
b. Whether the proposed Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury;
c_ Whether the Interests sought to be acquired by eminent domain and
described in the Resolution of Necessity are necessary for the proposed Project;
d. Whether the offer required by Government Code Section 7267.2(x),
together with the accompanying statement and summary of the basis for the amount
established as just compensation, was actually made and whether said offer and
statement/summary were in a form and contained all of the factual information required
by Government Code Section 72672(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to take ") to
LA #4822 -5255 -5523 v1 111100091
- =`�•'i ,!it_�Et Eli ir' .if Y �f-s' ��.. 4,°i 5r�._
•
Walker A. Matthews 111, Esq_
Linda Anabtawi, Esq.
September 22, 2008
Page 3
acquire the Interests described herein, as well as any other matter regarding the right to
take the Interests by eminent domain;
f. Whether the City has statutory authority to acquire the Interests by
eminent domain;
g. Whether the City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the proposed Project;
h. Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1245.235, was given in regard to the
Interests;
i. Whether the public uses to which the Interests are to be .applied by the
City, as described above, are more necessary and paramount public uses, pursuant to
Code of Civil Procedure Section 1240.610, than the use to which the property is
appropriated; and
j. Whether the public uses to which the Interests are to be applied by the
City, as described above, will not unreasonably interfere with or impair the continuance
of the public use as it exists or may reasonably be expected to exist in the future
pursuant to Code of Civil Procedure, Section 1240.510.
A copy of the proposed Resolution of Necessity will be available, upon your
request, for inspection at the office of the City Clerk at 799 Moorpark Avenue, Moorpark,
California 93021, five (5) days after this Notice is mailed and prior to the hearing at the
place of the hearing.
The amount of the compensation to be paid for the acquisition of the Interests is
not a matter or issue being heard by the City Council at this time. Your nonappearance
at this noticed hearing will not prevent you from claiming greater compensation, as may
be determined by a court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between you and the City on
the amount of compensation to be paid for the Interests.
If you desire to be heard, please be advised that a written request must be
actually received by the City Clerk within fifteen (15) days after this Notice is mailed.
The date of mailing appears at the end of this Notice. A failure to file a written request
to appear and be heard within fifteen (15) days after the Notice is mailed will result in
waiver of the right to appear and be heard on the above matters and issues that are the
subject of the hearing. If you elect not to appear and not to be heard, you will only be
LA #4822- 5255 -5523 v1 000092
�eT�,(�"�.�. �a s - •�' T-c i � h a .ar; irr G'�� z
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
September 22, 2008
Page 4
foreclosed from raising in a court of law the issues that are the subject of this noticed
hearing and that are concerned with the right to take the property by eminent domain.
Should you have any questions regarding this hearing, please contact the
undersigned at (213) 236 -0600.
Very truly yours,
BURKE, V11,E UAM; - &)SORENSEN, LLP
FA
•
AAS:amc
Enclosure
Date of Mailing: September 22, 2008
LA #4622 -5255 -5523 v1 $_i! U 093
EXHIBIT 9
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH B9 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 64.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 "57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 63.66 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B" OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153,14 FEET;
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN,
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
LA #€4822- 5255 -5523 v1 000094
EXHIBIT '1
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND.
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9D °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 °58'02° EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °0900" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4,00 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
�o y.Arto SLR
` =JOHN MARTIN
SMITH p
EXP. 12/31/09
C 5970 o
ENSE EXPIRES 12/31109 >
ATE PREPARED: 03/05108 OF CA Ll
LA #4822- 5255 -5523 v1 00009s
I
it
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
— -- EXIST1W LOY LINE
CENTERLINE
ACCESS ROAD EASEMENT
SLOPE EASEMENT
------- MOSTING EASEMENT
I N08'45 27"'1'1
(RAD) St�E,raS
1 FLY LINE
/W. 1/2 OF
S.E. 1/11 S
i T. 2 N., R.
S:B.M.
SEE DETAIL
SHEET ON
SHEEP' 2
N70'57'10'W
(0 —RC)
NORTHERLY LINE OF PARCEL 'B' OF
tNST. NO. 21271 REC. 4/26162
1N BK 2141 PG 559 Of S�$p1�1g1ptic�o S \M1.
OF THE ppg�loN �14DS of gpN
ECHE6 pP Of Y�tE L 3 P per- Z lA R-
1D W. gpOK
SE CO
_ LOS ANGLES . ASANUE
LINE TABLE
LINE
9EARIIJG
LENGTH
t:1
N8458'CF2'W
2000'
L2
NW-55.02 "W
12.00'
N
I
SCALE: 1'=250'
T.P.0.8. —STRIP 1
�IID
W
I�
'g n
10.00'
P.0-13. ~
R. SEC. b
T. 2 N., R. 19'W,
T
S.H.N.
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
70,55,00-
84.00'
104.07'
C2
57`12'01'
84.00'
83.88'
C3
64'02'41'
137:00'
153.14'
C4
59'02'59"
145.00'
179_x4'
21
j� I}tYtIO $Ilhf �L'{8b[D� COIIFII��7Il� IBL.
ACCESS ROAD EASEMENT RE— AUGNMENT DR-C �•� t.:•1� L•.�.y
ure c iuU eaaivFm j
CITY OF MOORPARk, CALIFORNIA
LA #4822 -5255 -5523 vl '1) 0 V V 96
. —ir , 4�a •i� z fy� 'ai tt,-�y P'rY .7''J -� 4 yt. zs �.y``�}��"
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
RADIUS
N
Cl
70'59'08'
64.OD'.
lOi.OT
C5
�.f-
i
6.28'
C6
90b0'OD"
4.00'
6.28'
-w
4.00'
L6
NH958'02 "W
4.00'
I
L4
P.m. -I PCL "A'
ad
l L2
I
Ll�
—
I
T.P.O.B_
P.O.B. - `B"
STRIP t
IPCL
o.
I
i�
AI- CB
m
LEGEND
a
— — EXISTING LOT UNE
---- CENTERLINE
ACCESS ROAD EASEMENT
n
----------- EXISTING EASEMENT
a
UNE TABLE
A UNE
N
BEARING
LENGTH
Li
Na9'Sa'orw
zo_oa'
L2
N89'58'02 "W
72.Op'
0 L3
NOO'01'56 "E
4.00'
`o L4
584'58'02 "E
4.00'
LS
SOOVI'.58
n
SHEET 2 OF 2.
0
U
Derdo t Sfaau G>aenlbzily Ise
ACCESS ROAD
EASEMENT
RE-ALIGNMENT
CITY OF MOORPARK, CALIFORNIA
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
70'59'08'
64.OD'.
lOi.OT
C5
90VD'DO'
4.00'
6.28'
C6
90b0'OD"
4.00'
6.28'
-w
4.00'
L6
NH958'02 "W
4.00'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
70'59'08'
64.OD'.
lOi.OT
C5
90VD'DO'
4.00'
6.28'
C6
90b0'OD"
4.00'
6.28'
LA #4822 -5255 -5523 v1 o 0 V V
144 South Flower Street - Suite 2400
' y) Los Angeles, California 90071 -2953
g voice 213.236.0600 - fax 213.236.2700
t...b. _.. s
www.bwslaw.com
BURKE, WILLIAMS & SORENSEN, LLP
October 8, 2008
VIA CERTIFIED MAIL
Mr. Richard S. Hambleton, Jr.
Hoffman, Vance & Worthington
1000 S. Seward Ave.
Ventura, CA 93001 -3735
Re: Interests In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0- 200 -040
CHANGE OF HEARING DATE
TO
NOVEMBER 5, 2008
Writer's Direct Dial: (213) 236 -2819
Our File No: 01359 -0187
asozio @bwslaw.comil
NOTICE OF HEARING IN CONSIDERATION OF THE INTENTION OF
THE CITY COUNCIL OF THE CITY OF MOORPARK, A GENERAL LAW
CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN PROPERTY
FOR OFF -SITE ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A
17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH
OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
Dear Mr. Hambleton:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Moorpark ( "City ") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property located within the County of Ventura, State of California,
for public use relative to paved public roads and utility purposes, and all uses
appurtenant thereto.
The interests to be acquired ( "Interests ") consist of a non - exclusive appurtenant
easement and right of way for public access road, emergency access and utility
purposes, together with an easement for slope purposes, and are described and
LA #4825- 3259 -5971 v1
I nc Annalac - Inin 1 r--;— I_._ _
000098
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
October 8, 2008
Page 2
depicted on Exhibits 1" and "2" attached hereto. The Interests shall serve as the
primary access to that property owned by A -B Properties described as all of lots 1
through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded
as Document # 20070820 - 00162805 -0 with the County Recorder ( "Property") until such
time as the Improvements (as defined in Section 6.22 of the Development Agreement
By and Between the City of Moorpark and A -B Properties) are constructed or until other
alternative access is provided via construction of a 2 -lane portion of North Hill Parkway
from the Property to Gabbert Road following Moorpark's approval of an amendment to
said Development Agreement, after which the paved access road shall become an
emergency access only for the Property. The Interests to be acquired shall also allow
for the installation, repair, replacement, maintenance and operation of subsurface water,
sewer, electric, gas, cable, and telephone utilities, and shall additionally allow for 2
empty conduits for potential future utility use that serve the Property.
Please be advised that, in response to Southern California Edison Company's
written request to postpone the initially - scheduled hearing of October 15, 2008, the
hearing will now be held on November 5, 2008 at 7:00 p.m., or as soon thereafter as
the City Council can hear said matter, at the Council Chambers, located in the
Community Center at 799 Moorpark Avenue, Moorpark, California 93021. If the
resolution is adopted at this meeting, it will authorize the City to acquire the Interests by
eminent domain for the construction of, and public use relative to, paved public roads
and utility purposes, and all uses appurtenant thereto to satisfy conditions of the
Development Agreement between A -B Properties and the City (hereinafter, the
"Project ").
Please take further notice that you have a right to appear and be heard at said
hearing on the following matters and issues, and to have the City Council give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest, convenience and necessity require the
acquisition by the City of the Interests for the proposed Project;
b. Whether the proposed Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury;
C. Whether the Interests sought to be acquired by eminent domain and
described in the Resolution of Necessity are necessary for the proposed Project;
d. Whether the offer required by Government Code Section 7267.2(a),
together with the accompanying statement and summary of the basis for the amount
LA #4825 - 3259 -5971 v1) 0 O A g
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
October 8, 2008
Page 3
established as just compensation, was actually made and whether said offer and
statement/summary were in a form and contained all of the factual information required
by Government Code Section 7267.2(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the ."right to take ") to
acquire the Interests described herein, as well as any other matter regarding the right to
take the Interests by eminent domain;
f. Whether the City has statutory authority to acquire the Interests by
eminent domain;
g. Whether the City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the proposed Project;
h. Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1245.235, was given in regard to the
Interests;
L Whether the public uses to which the Interests are to be applied by the
City, as described above, are more necessary and paramount public uses, pursuant to
Code of Civil Procedure Section 1240.610, than the use to which the property is
appropriated; and
j. Whether the public uses to which the Interests are to be applied by the
City, as described above, will not unreasonably interfere with or impair the continuance
of the public use as it exists or may reasonably be expected to exist in the future
pursuant to Code of Civil Procedure, Section 1240.510.
A copy of the proposed Resolution of Necessity will be available, upon your
request, for inspection at the office of the City Clerk at 799 Moorpark Avenue, Moorpark,
California 93021, five (5) days after this Notice is mailed and prior to the hearing at the
place of the hearing.
The amount of the compensation to be paid for the acquisition of the Interests is
not a matter or issue being heard by the City Council at this time. Your nonappearance
at this noticed hearing will not prevent you from claiming greater compensation, as may
be determined by a court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between you and the City on
the amount of compensation to be paid for the Interests.
LA #4825 - 3259 -5971 v1 000100
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Richard S. Hambleton, Jr.
October 8, 2008
Page 4
If you desire to be heard, please be advised that a written request must be
actually received by the City Clerk within fifteen (15) days after this Notice is mailed.
The date of mailing appears at the end of this Notice. A failure to file a written request
to appear and be heard within fifteen (15) days after the Notice is mailed will result in
waiver of the right to appear and be heard on the above matters and issues that are the
subject of the hearing. If you elect not to appear and not to be heard, you will only be
foreclosed from raising in a court of law the issues that are the subject of this noticed
hearing and that are concerned with the right to take the property by eminent domain.
Should you have any questions regarding this hearing, please have your
attorneys contact the undersigned at (213) 236 -0600.
Very truly yours
BURKE,1WItWA)A!5 §A SPRENSEN, LLP
A. SOZI
AAS:amc
Enclosures
Date of Mailing: October 8, 2008
LA #4825- 3259 -5971 A
000101
K x�
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 1
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B' OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153.14 FEET;
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
LA #4825 - 3259 -5971 v1 1) t! 0 1 V 2
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 1
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND.
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 °58'02" EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °0900" AN
ARC LENGTH OF 8.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4:00 FEET TO
THE 'TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
yea 4AN0 SUS`
U�? JOHN MARTIN FA
SMITH
p
EXP. 12/31/09
8070
LA #4825 - 3259 -5971 vi 000103
3G +�.?�",q. { �, � ti Yak• . "x ..s•. 1 � �, '
fi
w BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD .EASEMENT AND SLOPE. EASEMENT
LEGEND
--- — E%I£.TING LOT LINE
- C£NTERUNE
ACCESS ROAD EASEMENT
R\7�77 \W SLOPE EASEMENT
-- --- -- - - -- E)0S`nNG EASEMENT
1
II NW4V27'W_
(WAD T_ c1 -OP E__vi
SLOPE
SEE DETAIL
SHEET ON
SHEET 2
N70•57.10 7W
(PRC)
W
SCALE: 1 "=250'
NORTHERLY L1.NE OF PARCEL 'B' OF I I
INST. NO. 21211 REC. 4/25/52 FQ
I IN BK 2141 PG 558
1 �stoN "
J N of SUgDtV �c "O StMt.
(� E'LY LINE OF THE pw, p4Ds of IkA 20.00'
W. 1/2 OF THE M Of fN�c L G� T' M 1t. P.O.B. I 1-
S.E. 1/4 SEC, 6 NP p A
T. 2 N.. R. 19 W. 90OK S.E. COR. SEC. 6 I S.t3.lA. T. 2 N.. R. 19 W.
$.H.1,1, 1 _ — _ _ _t _LOS -iJG - AVE - - -
T.P.O.H.. -STRIP 1
- i'I •
kn
P� o -EE
Amu
20.00'
LINE TABLE
LINE
9 ARItgG
1 LENfaTFf
LI
N89�vB`CF2 W
20.00'
L2
N89'58`O2'W
12.00'
CURVE TABLE
CURVE
DELTA
RADIUS
LEN.GTN
Ct
70'59' .
84.00'
104.07'
C2
5712'R;
4A0
83.86'
C3
64'0$`41"
137.00'
153,14-
C4
59'02'59'
145.00'
149.44'
SHEET 1 OF 2
(L Dtmt _" Rao um Gert$]b1 � Cae
ACCESS ROAD EASEMENT RE— ALIGNMENT �Jiii �• ��•
CITY OF MOORPARIC, CALIFORNIA M74 E — u�.ao17°,,,1,,, ...,
LA #4825 - 3259 -5971 v1 ) O U 10 4
BURKE, WILLIAMS I& SORENSEN, LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
RADIUS
N
Q
Cl
•
84.00'
N.T.S.
CS
b
1
6.28'
C6
"tap I
4.00'
6.28'
00'
I
L4
P.O.B. I PCL 'A'
Cl -� -L2
1
Ll�
.........
'
I
IPCL
T.P.0.8.
STRIP 1
P.O.B. - 'B'
I
L
LS
C6
1
!
n
a
m
LEGEND
o
EXISTING LOT LINE
- - - CENTERLINE
ACCESS ROAD EASEMENT
s
----- - - - - -- EXISTING EASEMENT
0
v° LINE TABLE
LINE
BEARING
LENGTH
Ll
W
N89'58'02 "W
20.00'
L2
N89'S8'02'W
12.00'
0 L3
n
N00'O7'S8`E
4.00'
b L4
S89'S8'02`E
4.00'
0
s lS
S00'01'58`W
4.00'
LB
N8958'02`W
49
n
SHEET 2 OF 2
0
v
'n
t imm r4adtutli bL
o ACCESS ROAD
EASEMENT
RE- ALIGNMENT
��•
�... . a+.�.,.++
CITY OF MOORPARK,
CALIFORNIA
"M"IM � � q ws-OW
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
70'59'08'
84.00'
104.07'
CS
90'00'00'
4.00'
6.28'
C6
90'00'00`
4.00'
6.28'
00'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
70'59'08'
84.00'
104.07'
CS
90'00'00'
4.00'
6.28'
C6
90'00'00`
4.00'
6.28'
LA #4825 - 3259 -5971 v1 000105
144 South Flower Street - Suite 2400
I 1 Los Angeles, California 90071 -2953
I= voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
BURKE, WILLIAMS & SORENSEN, LLP
October 8, 2008
VIA CERTIFIED MAIL
Walker A. Matthews 111, Esq.
Linda Anabtawi, Esq.
Southern California Edison
P.O. Box 800
2244 Walnut Grove Ave.
Rosemead, California 91770
Re: Interests In Land Over 40 -Foot Strip Of Land
Portion of APN 511 -0- 200 -040
CHANGE OF HEARING DATE
TO
NOVEMBER 5, 2008
Writer's Direct Dial: (213) 236 -2819
Our File No: 01359 -1087
asozio@bwslaw.comil
NOTICE OF HEARING IN CONSIDERATION OF THE INTENTION OF
THE CITY COUNCIL OF THE CITY OF MOORPARK, A GENERAL LAW
CITY, TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION FOR PUBLIC PURPOSES OF CERTAIN PROPERTY
FOR OFF -SITE ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A
17 -LOT INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH
OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
Dear Mr. Matthews and Ms. Anabtawi:
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., that the City Council of the City of Moorpark ( "City ") intends to
consider the adoption of a Resolution of Necessity for acquisition by eminent domain, of
certain interests in real property located within the County of Ventura, State of California,
for public use relative to paved public roads and utility purposes, and all uses
appurtenant thereto.
The interests to be acquired ( "Interests ") consist of a
easement and right of way for public access road, erne
purposes, together with an easement for slope purposes
LA #4833- 8823 -3987 v1
non - exclusive appurtenant
rgency access and utility
, and are described and
0001UG
Los Angeles - Inland Empire - Orange County - San Diego - San Jose - Ventura County
BURKE, WILLIAMS & SORENSEN, LLP
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
October 8, 2008
Page 2
depicted on Exhibits 1° and "2" attached hereto. The Interests shall serve as the
primary access to that property owned by A -B Properties described as all of lots 1
through 17, inclusive, per Tract No. 5147, Miscellaneous Records 158 MR 37, Recorded
as Document # 20070820 - 00162805 -0 with the County Recorder ( "Property ") until such
time as the Improvements (as defined in Section 6.22 of the Development Agreement
By and Between the City of Moorpark and A -B Properties) are constructed or until other
alternative access is provided via construction of a 2 -lane portion of North Hill Parkway
from the Property to Gabbert Road following Moorpark's approval of an amendment to
said Development Agreement, after which the paved access road shall become an
emergency access only for the Property. The Interests to be acquired shall also allow
for the installation, repair, replacement, maintenance and operation of subsurface water,
sewer, electric, gas, cable, and telephone utilities, and shall additionally allow for 2
empty conduits for potential future utility use that serve the Property.
Please be advised that, in response to Southern California Edison Company's
written request to postpone the initially - scheduled hearing of October 15, 2008, the
hearing will now be held on November 5, 2008 at 7:00 p.m., or as soon thereafter as
the City Council can hear said matter, at the Council Chambers, located in the
Community Center at 799 Moorpark Avenue, Moorpark, California 93021. If the
resolution is adopted at this meeting, it will authorize the City to acquire the Interests by
eminent domain for the construction of, and public use relative to, paved public roads
and utility purposes, and all uses appurtenant thereto to satisfy conditions of the
Development Agreement between A -B Properties and the City (hereinafter, the
"Project ").
Please take further notice that you have a right to appear and be heard at said
hearing on the following matters and issues, and to have the City Council give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
a. Whether the public interest, convenience and necessity require the
acquisition by the City of the Interests for the proposed Project;
b. Whether the proposed Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury;
C. Whether the Interests sought to be acquired by eminent domain and
described in the Resolution of Necessity are necessary for the proposed Project;
d. Whether the offer required by Government Code Section 7267.2(a),
together with the accompanying statement and summary of the basis for the amount
LA #4833 -8823 -3987 v1 006107
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
October 8, 2008
Page 3
established as just compensation, was actually made and whether said offer and
statement/summary were in a form and contained all of the factual information required
by Government Code Section 7267.2(a);
e. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to take ") to
acquire the Interests described herein, as well as any other matter regarding the right to
take the Interests by eminent domain;
f. Whether the City has statutory authority to acquire the Interests by
eminent domain;
g. Whether the City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the proposed Project;
h. Whether the necessary notification of the Notice of Hearing, as required
by the California Code of Civil Procedure, Sec. 1245.235, was given in regard to the
Interests;
i. Whether the public uses to which the Interests are to be applied by the
City, as described above, are more necessary and paramount public uses, pursuant to
Code of Civil Procedure Section 1240.610, than the use to which the property is
appropriated; and
j. Whether the public uses to which the Interests are to be applied by the
City, as described above, will not unreasonably interfere with or impair the continuance
of the public use as it exists or may reasonably be expected to exist in the future
pursuant to Code of Civil Procedure, Section 1240.510.
A copy of the proposed Resolution of Necessity will be available, upon your
request, for inspection at the office of the City Clerk at 799 Moorpark Avenue, Moorpark,
California 93021, five (5) days after this Notice is mailed and prior to the hearing at the
place of the hearing.
The amount of the compensation to be paid for the acquisition of the Interests is
not a matter or issue being heard by the City Council at this time. Your nonappearance
at this noticed hearing will not prevent you from claiming greater compensation, as may
be determined by a court of law in accordance with the laws of the State of California.
This Notice is not intended to foreclose future negotiations between you and the City on
the amount of compensation to be paid for the Interests.
LA #4833 - 8823 -3987 v1 ``,, 0 qq
BURKE, WILLIAMS & SORENSEN, LLP
Walker A. Matthews III, Esq.
Linda Anabtawi, Esq.
October 8, 2008
Page 4
If you desire to be heard, please be advised that a written request must be
actually received by the City Clerk within fifteen (15) days after this Notice is mailed.
The date of mailing appears at the end of this Notice. A failure to file a written request
to appear and be heard within fifteen (15) days after the Notice is mailed will result in
waiver of the right to appear and be heard on the above matters and issues that are the
subject of the hearing. If you elect not to appear and not to be heard, you will only be
foreclosed from raising in a court of law the issues that are the subject of this noticed
hearing and that are concerned with the right to take the property by eminent domain.
Should you have any questions regarding this hearing, please contact the
undersigned at (213) 236 -0600.
AAS:amc
Enclosure
Date of Mailing:
LA #4833 -8823 -3987 v1
October 8, 2008
Very truly yours,
BURKE, WIL S & ENSEN, LLP
ALAN A. SOZIO
=1<00109
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 1
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00'01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89'58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST:
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57012'01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL 'B' OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64'02'41" AN ARC LENGTH OF 153.14 FEET;
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL • ANGLE OF
59'02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
LA #4833- 8823 -3987 v1
r
� 100110
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 1
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND.
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00'01'58" EAST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89'58'02' WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89'58'02" EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING,
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00001'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89'58'02' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89'58'02" WEST, 4:00 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B° AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
E10 t.AND So,
h i-
JOHN MARTIN Fo
SMITH p
N M. SMITH, P.L.S. 807 * EXP. 12/31/09
;ENSE EXPIRES 12/31/09 > a070
TE PREPARED: 03/05/08 �F 0 r c
LA #4833 -8823 -3987 v1 E i ' U 111
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
--- --- --- EXISTING LOT LINE
= CENTERLINE
ACCESS ROAD EASEMENT
N\7\W7\W SLOPE EASEMENT
-- --- --- --- MOSVING EASEMENT
}
II NOW4W27'W_
(RADA —., OPE
(r
SEE DETAIL
SHEET ON
SHEET 2
N70'57`10"W
— -TMC) —,,
SCALE: 1" =250'
T.P.4,6. —STRIP t
1
— IE 20.00'
LINE
NORTHERLY SINE OF PARCEL '8' OF
I 1 C
INST. NO. 21211 REC. 4/26/62:
I IN SK 2141 PG 558 •L'
I
�$
Z
BURKE, WILLIAMS & SORENSEN, LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
--- --- --- EXISTING LOT LINE
= CENTERLINE
ACCESS ROAD EASEMENT
N\7\W7\W SLOPE EASEMENT
-- --- --- --- MOSVING EASEMENT
}
II NOW4W27'W_
(RADA —., OPE
(r
SEE DETAIL
SHEET ON
SHEET 2
N70'57`10"W
— -TMC) —,,
SCALE: 1" =250'
T.P.4,6. —STRIP t
1
— IE 20.00'
LINE TABLE
LINE
NORTHERLY SINE OF PARCEL '8' OF
I 1 C
INST. NO. 21211 REC. 4/26/62:
I IN SK 2141 PG 558 •L'
I
�$
Z
jj 511Bp1Ny51ON �O StM�•
4
1 12.00
N OF
I E'L ,LINE OF THE Po�St14E WOS of
4.00
2Q.00'
W. 1 2 OF THE �.A a.
M•
/ S.E. 1/4 SEC, 6 AQ OF p pGE T' P.0.8.
M �'
'
I T. 2 N.. R. 19 W. 9 oOK
S.B.M. •
S.E. N..
153.14'
R 19W.
S.H.M.
LOS ANGEI
ES AVENUE
14Q.44'
LINE TABLE
LINE
9fARitVG
LENriTH
ll
N69138'f32 W
1 20. 00'
_. L2
N89'5WC* -W
1 12.00
CURVE TABLE
CURVE
RADIUS
LENGTH
Cl
84.OD'
104.0C2
M5712VOI
4.00
83.86'
C3
137.00
153.14'
C4
145.00'
14Q.44'
SHEET 1 OF 2
Flllil0 QIC� BGODC
C4AilvbIIia4dt.
ACCESS ROAD EASEMENT RE—ALIGNMENT » c om c..�.,.,.
a c.+....v
wuvub
CITY OF MOORPARK, CALIFORNIA .�,PO- "" a „p, (714)
LA #4833 -8823 -3987 v1
000112
i
BURKE, WILLIAMS & SORENSEN. LLP
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
RADIUS
N
Q
Ct
70'59'09'
84.00'
N.T.S.
cs
1
�
ssa'
C6
4.00'
6.29'
W
N
LB
a 'Sa 02 W
4.00'
I
L4
P.O.S. i PCL 'A'
i
I
!r
i
IPCL
T.P.O.B.
STRIP i L
P.O.B. - 'e'
I
a
C6
i
��tid�•�
I
I
n
'V
LEGEND
o
EXISTING LOT LINE
- - - CENTERLINE
ACCESS ROAD EASEMENT
s
0
----- - - - - -- EXSTING EASEMENT
a
o° UNE TABLE
LINE
N
BEARING
LENGTH
Lt
w
N89'S8'02 "W
20.00'
L2
s
N8 '58 o2'w
i2.00'
`v L3.
N00'01'58"E
4.00'
L4
S89 '02
4. '
s LS
S00'011581
s
n
J
SHEET 2 OF 2
0
U
ACCESS ROAD EASEMENT RE- ALIGNMENT
N CITY OF MOORPARK, CALIFORNIA
J
". »a t9a > �wo
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Ct
70'59'09'
84.00'
104.07'
cs
soroo'oo"
a.00•
ssa'
C6
90'00'00"
4.00'
6.29'
W
4.00'
LB
a 'Sa 02 W
4.00'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Ct
70'59'09'
84.00'
104.07'
cs
soroo'oo"
a.00•
ssa'
C6
90'00'00"
4.00'
6.29'
LA #4833- 8823 -3987 v1 000113
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN PROPERTY FOR OFF -SITE PUBLIC
ACCESS ROAD PURPOSES FOR TRACT NO. 5147, A 17 -LOT
INDUSTRIAL SUBDIVISION ON 34.53 ACRES, LOCATED
APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH OF
THE UNION PACIFIC RAILROAD RIGHT -OF -WAY LOCATED IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA
WHEREAS, Section 66462.5 of the Government Code provides that a city and a
subdivider may, by agreement, provide for the acquisition of off -site interests from third
parties by the city at the subdivider's expense, where such interests are required to satisfy
map conditions; and
WHEREAS, on December 16, 1998, the City Council adopted Ordinance No. 250
(effective January 15, 1999), approving a Development Agreement between the City of
Moorpark and A -B Properties in connection with General Plan Amendment (GPA) No. 97-
02 and Zone Change (ZC) No. 97 -06, for a 34.53 -acre industrial development, with
Section 6.21 of the Development Agreement requiring improvement of a 32 -foot wide
paved access road to the property; and
WHEREAS, on March 15, 2000, the City Council adopted Resolution No. 2000-
1714, conditionally approving Tentative Tract No. 5147 for this 34.53 acre property,
allowing its division into 17 lots, with Condition No. CED -33 requiring improvement of a 32-
foot wide paved access road to the property; and
WHEREAS, on January 23, 2008, A -B Properties requested in writing that the City
of Moorpark acquire all property necessary to construct the 32 -foot wide paved access
road as described and shown in Exhibits 1 and 2 attached hereto; and
WHEREAS, following City Council authorization on March 19, 2008, the City and A-
B Properties on May 6, 2008 entered into a reimbursement agreement in regard to the
initiation of the process of acquisition of said property; and
WHEREAS, on November 5, 2008, the Moorpark City Council held a duly noticed
hearing at a public meeting in order to initiate eminent domain proceedings for the
acquisition of the property described and shown in Exhibits 1 and 2.
CC ATTACHMENT 3
o00114
Resolution No. 2008 -
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark (hereafter "City "), after
consideration of the Agenda Report, staff presentation, discussion, oral testimony, and
evidence presented at the public meeting on October 15, 2008, hereby finds,
determines, and declares as follows:
a. The public interest, convenience, and necessity require Tract 5147 to require
the acquisition by City of certain interests in and to certain real property located
within the County of Ventura, State of California, for public use relative to paved
public roads and utility purposes, and all uses appurtenant thereto; and
b. The interests to be acquired ( "Interests ") consist of a non - exclusive
appurtenant easement and right of way for public access road, emergency
access and utility purposes, together with an easement for slope purposes, and
are described and depicted on Exhibits 1 and 2 attached hereto. The Interests
shall serve as the primary access to that property owned by A -B Properties
described as all of lots 1 through 17, inclusive, per Tract No. 5147, Miscellaneous
Records 158 MR 37, Recorded as Document # 20070820 - 00162805 -0 with the
County Recorder ( "Property ") until such time as the Improvements (as defined in
Section 6.22 of the Development Agreement By and Between the City of
Moorpark and A -B Properties) are constructed or until other alternative access is
provided via construction of a 2 -lane portion of North Hill Parkway from the
Property to Gabbert Road following Moorpark's approval of an amendment to
said Development Agreement, after which the paved access road shall become
an emergency access only for the Property. The Interests to be acquired shall
also allow for the installation, repair, replacement, maintenance and operation of
subsurface water, sewer, electric, gas, cable, and telephone utilities, and shall
additionally allow for 2 empty conduits for potential future utility use, that serve
the Property.
c. The project, which consists of development consistent with Development
Agreement between the City and A -B Properties in connection with General Plan
Amendment (GPA) No. 97 -02, Zone Change (ZC) No. 97 -06, and Tract No. 5147
for a 34.53 -acre industrial development including the proposed non - exclusive
appurtenant easement and right of way for public access road, emergency
access and utility purposes, together with an easement for slope purposes, to
satisfy conditions of said Development Agreement ( "Project "), is planned and
located in a manner that will be most compatible with the greatest public good
and least private injury; and
000115
Resolution No. 2008
Page 3
d. The City has fully complied with all the provisions of California's
Environmental Quality Act in regard to the Project; and
e. The taking of the Interests as above described is necessary for the Project,
and such taking is authorized by Section 19, Article I of the California
Constitution, Sections 37350 et seq., Sections 40401 et seq., including Section
40404 and Sections 66462.5 et seq., of the California Government Code,
Sections 5100 et seq., and 10102 et seq., of the California Streets and Highways
Code, Section 1230.010 et seq., of the California Code of Civil Procedure, and
other applicable law; and
f. The offer to purchase required by California Government Code Section
7267.2 has been made to the owner of the Property, as well as to easement
holder, Southern California Edison; and
g. The necessary notification of the Notice of Hearing, as required by the
California Code of Civil Procedure, Section 1245.235 was given.
SECTION 2. The City Council of the City of Moorpark hereby declares that it is
its intention to acquire said Interests in its name in accordance with the provision of the
laws of the State of California with reference to condemnation procedures.
SECTION 3. If any of the area of the Interests has been appropriated to some
public use, the public uses to which they are to be applied by the City, as described
above, are more necessary and paramount public uses, pursuant to Code of Civil
Procedure Section 1240.610, or at the very least will not unreasonably interfere with or
impair the continuance of the public use as it exists or may reasonably be expected to
exist in the future pursuant to Code of Civil Procedure, Section 1240.510.
SECTION 4. The Interests, the acquisition of which is required by said public
interests, convenience, and necessity for the purposes set forth in Section 1 hereof, are
located within the County of Ventura, State of California.
SECTION 5. The City Attorney and the firm of Burke, Williams & Sorensen, LLP,
as special counsel, under the direction of the City Attorney, are authorized and directed
to prepare, institute, and prosecute in the name of the City such proceedings in the
proper court having jurisdiction thereof as may be necessary for the acquisition of the
Interests, including filing of an application for an order of immediate possession prior to
judgment.
SECTION 6. This Resolution shall be effective immediately upon its adoption.
oOO1JLs
Resolution No. 2008 -
Page 4
SECTION 7. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of November, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 1: Legal Description
Exhibit 2: 40 -Foot Public Road Easement and Slope Easement
000II"-
Resolution No. 2008 -
Page 5
*:1:11 =111Iil
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT L IN RANCHO SIMI, IN THE COUNTY OF VENTRUA, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 3 PAGES 7, OF MISCELLANEOUS MAP, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
STRIP 1
BEING A STRIP OF LAND, 40.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF GABBERT ROAD AND LOS
ANGELES AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 5147
FILED IN BOOK 158, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID GABBERT ROAD, NORTH 00 °01'58" EAST,
1803.57 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 89 °58'02" WEST, 20.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE, THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89 °58'02" WEST, 12.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 84.00 FEET;
2) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
70 °59'08" AN ARC LENGTH OF 104.07 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 84.00 FEET, A
RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 70 °57'10" WEST;
3) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °12'01" AN ARC LENGTH OF 83.86 FEET TO A LINE PARALLEL WITH AND 20.00
FEET NORTHERLY OF THE NORTHERLY LINE OF PARCEL "B" OF INSTRUMENT
NO. 21211 RECORDED APRIL 26, 1962 IN BOOK 2141 PAGE 558;
4) ALONG SAID PARALLEL LINE, SOUTH 76 °14'51" WEST, 833.49 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
137.00 FEET;
5) LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 64 °02'41" AN ARC LENGTH OF 153.14 FEET,
6) NORTH 39 °42'28" WEST, 138.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 145.00 FEET;
7) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59 °02'59" AN ARC LENGTH OF 149.44 FEET TO THE EASTERLY LINE OF THE
WESTERLY HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 2
NORTH, RANGE 19 WEST, SAN BERNARDINO MERIDIAN_
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD AND TO TERMINATE IN
EASTERLY LINE OF THE WESTERLY HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 6.
000118
Resolution No. 2008 -
Page 6
LEGAL DESCRIPTION
TOGETHER WITH AN EASEMENT FOR SLOPE PURPOSES ADJACENT TO THE ABOVE
DESCRIBED 40 FOOT STRIP OF LAND NECESSARY FOR THE CONSTRUCTION OF AN
IMPROVED ROAD, IN, UNDER AND ACROSS SAID 40 FOOT STRIP OF LAND.
TOGETHER WITH
PARCEL "A"
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 00 °01'58" EAST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 6.28 FEET TO A POINT OF CUSP WITH THE NORTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 °58'02" EAST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
TOGETHER WITH
PARCEL "B"
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STRIP 1 DESCRIBED
ABOVE AND THE WESTERLY RIGHT OF WAY LINE OF SAID GABBERT ROAD; THENCE
ALONG SAID RIGHT OF WAY LINE, SOUTH 00 °01'58" WEST, 4.00 FEET TO A POINT OF
CUSP WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 4.00 FEET, A
RADIAL LINE FROM SAID POINT BEARS NORTH 89 °58'02' WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °00'00" AN
ARC LENGTH OF 8.28 FEET TO A POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID
STRIP 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89 °58'02" WEST, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3 SQUARE FEET, MORE OR LESS.
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
O yANp SU
ti 4i�' RL
JOHN MARTIN �A
SMITH p
N M. SMITH, P.L.S. 807 * EXP. 12/31/09 `*
;ENSE EXPIRES 12/31/09 'rP 8o7U ,EOQ�
TE PREPARED: 03/05108 of CA,y
000119
Resolution No. 2008 -
Page 7
EXHIBIT 2
40 -FOOT PUBLIC ROAD EASEMENT AND SLOPE EASEMENT
LEGEND
EXISTING LOT LINE
CENTERLINE
ACCESS ROAD EASEMENT
, \7VW SLOPE EASEMENT
7\7
----------- E)O!,nNG EASEMENT
NW45*27-0
r
-qPE k h
yn\li
v
62
E'LY LINE
W. 1/2 OF
S.E. JJJ 1/4 S
1 T. 2 N., R.
S.B.M.
SEE DETAIL
SHEET ON
SHEET 2
N70*57'10"W
-TO-R!;T — \
NORTHERLY LINE OF PARCEL '8' OF
INST. NO. 21211 REC. 4/26/62
IN Sk 2141 PG SW
lk,10'4
W THE po
THE f v- r.
EC, 6 opp f '5' p AGE 19 W. 500y-
SE C
I LM MOEUS AVENUE
LINE TABLE
LINE
8 NG
I
LENGTH
L►
, C'2 W
20,00'
L2
I N89-5M-W
12.00-
SCALE:
i
N
1
1"=250*
T.P.O.S.-STRIP I
20.00'
rr
20,00,
P.O.B. jt
SEC. a
T, 2 N, R. 19 W.
S.B.M.
CURVE TABLE
CURVE
DELTA
RADIUS
I LENGTH
Cl
70' 9'
54
104.07'
C2
53.86'
C3
64'0 41
1
137.00
153.14'
C4 _
54'02'50'
145.00'
1 149.44*
D t low" cammW114 Im
40w ftm -W" - xvo�
ACCESS ROAD EASEMENT RE– ALIGNMENT ft t I OVA&AW
CITY OF MOORPARK, CALIFORNIA dL � �a CA IN UA4) "b-"W
1)00120
Resolution No. 2008 -
Page 8
40-FOOT PUBLIC ROAD EASEMENT
CURVE TABLE
CURVE
DETAIL
nN
LENGTH
CI
_
70^59'06"
u
N.T.S.
104.07'
CS
i
I
4.00'
6.28'
C6
90'00'00"
4. 0'
6.28'
8'02'w
4.00'
L
P.o.e. I Pa 'A•
�.
�a -�L -L2
Ll
I
T.P.O.B
P.O.B. — PCL 'B"
STW 1
r'o,
Ii
s
�
Alp
n
m
LEGEND
— — — EXISTING LOT LINE
n
— - — CENTERLINE
ACCESS ROAD EASEMENT
----- - - - - -- EXISTING EASEMENT
0
a — LINE TABLE
a°
LINE
BEARING
LENGTH
Lt
N89'S8'02'W
20,001
L2
N89'S8'02'W
12.00'
0 L3
N00'Ot' "E
4.00'
L4
g
SB9'S8'02'E
4.00'
Ls
$ brs6'w
4.00'
0 LS
n
N89'5
SHEET 2 OF 2
0
o ACCESS ROAD
EASEMENT
RE- ALIGNMENT
DRC ��'�"`
CITY OF MOORPARK, CALIFORNIA
"~wot Hit u win rA41 Us-r
CURVE TABLE
CURVE
DELTA
LENGTH
CI
_
70^59'06"
_RADIUS
84.00'
104.07'
CS
90'00'00"
4.00'
6.28'
C6
90'00'00"
4. 0'
6.28'
8'02'w
4.00'
CURVE TABLE
CURVE
DELTA
LENGTH
CI
_
70^59'06"
_RADIUS
84.00'
104.07'
CS
90'00'00"
4.00'
6.28'
C6
90'00'00"
4. 0'
6.28'
OGT /031/2008 /FRI 08:47 AM
JMJFJ SOUTHERN CAUPORNIA
EDISON
Aa BDISON 1=JT1VATI0NAG CM*W
October 3, 2008
VIA FACSIMME AND U.S. MAIL AND CERT MD MAIL
Alan A. Sortio, Esq.
Burke, Williams & Sorensen, LLP
444 S. Flower Street, Suite 2400
Los Angeles, CA 90071
Re: Notice of Hearing to Adopt a Resolution of Necessity for
,A,cquisitlon of Property Owned by Southem California
Ldison Company
Dear Mr. Sozio:
P. 002
wauW A. Matthews FOR
w2]1eer naaft&Ns®soe.C=
This letter is in response to your letter dated, September 22, 2008, regarding the City of
Moorpark's (Moorpark) intention to adopt a Resolution of Necessity to acquire by eminent domain
a portion of Southern California Edison Company's (SCI) interest in property identified by Ventura
County Assessor Parcel Number 511 -0- 200 -040.
As you are aware, California law requires that prior to adopting a resolution of necessity,
Moorpark must "make every reasonable effort to acquire expeditiously zeal property by
negotiation." Gov't. Code §§ 7267.1, 7267.2. Mxis requhvmcnt has not bean met here. Moorpark
submitted as offer to purchase SCE's pmVerty interest by letter dated September 2, 2008. SCE
responded to Moorpa&s offer by letter dated September 25, 2008. In this letter, SCE clearly
indicated that it is taking Moorpark's offer into ca idesation. In addition, SCE invoked its right to
an independent appraisal, as provided in Section 1263.025 of the Code of Civil Procedure. We
believe that SCE and Moorpark are still in the process of negotiating for the purchase of SCE's
property. Moorpark has not yet dernonstratod a -reasonable effort" to acquire the property by
negotiation. 'Tbnefore, Moorpark would be acting premaiwTely in proceeding with the Resolution of
Necessity at this point in time.
The Moorpark City Council has scheduled a hearing for October 15, 2008 to consider the
adoption of a Resolution of Necessity. However, in order to comply with the eminent domain law
and to allow SCE and Moorpark sufficient time to con iuue their negotiations, SCE requests that the
City Council postpone the hearing until a later date. If SCE's request is not granted, SCE hereby
P.O. om 800 2244 WabW Crow Ave, FWmmcd, Cs> a 91770 (626)302-"79 Inc (626) 302 3990
000122
CC ATTACHMENT 4 '
OOT /Q". "1008 /FRI 08:48 AM P.003
Abu A. same. Be%
OulDb& 3.2M
I
requests, by copy to the City Clod; fts desire to be hoaid at the City Coundl meeting on October 15,
2008.
Please call me if you have any questions regerftg this matter.
Sincerely,
MIA64"
Walker A. MAtdwws TIC
W,ADi=IwIS 73
000123
P'NN"SOUTHERN CALIFORNIA
An EDISON INTERNATIONAL Company
October 22, 2008
VIA EMAIL & OVERNIGHT MAIL
Alan A. Sozio
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071 -2953
Re: Revised Notice of Hearin to o Adopt a Resolution of
Necessity for Acquisition of Property Owned By Southern
California Edison Company
Dear Mr. Sozio:
Linda J. Anabtawi
Attomey
Linda.Anabtawi @sce.com
This letter is in response to your letter dated October 8, 2008, regarding the City of Moorpark's
(Moorpark) intention to consider the adoption of a Resolution of Necessity (Resolution) to acquire
by eminent domain a portion of Southern California Edison Company's (SCE) property (identified
by Ventura County Assessor Parcel Number 511 -0- 200 -040). SCE has easement rights over this
property to allow for the operation and maintenance of its transmission facilities.
As you know, the Moorpark City Council continued the hearing on this Resolution from its original
date of October 15, 2008 to November 5, 2008. Notwithstanding this extension of time, SCE
believes that Moorpark is acting prematurely in considering the Resolution prior to allowing SCE an
adequate opportunity to fully evaluate Moorpark's initial appraisal of the value of the subject
property, obtain its own appraisal, and engage in negotiations with Moorpark seeking a settlement in
this matter. Until SCE has been given such an opportunity, the hearing on this Resolution should not
proceed. If Moorpark nonetheless decides to proceed with a hearing on November 5, this letter
serves as SCE's request to be heard at the hearing.
The Hearing Should Not Be Held Until Negotiations Are Complete
As discussed in our letter dated October 3, 2008, the hearing should not be held until negotiations
between SCE and Moorpark are complete. SCE and Moorpark continue to negotiate in an effort to
determine whether there can be agreement between the parties on the value of the subject property.
CC ATTACHMENT 5
P.O. Box 800 2244 Wahtut Grove Ave, Rosemead, California 91770 (626) 302 -6832 Fax (626) 302 -1926 o V U 124
Alan A. Sozio
Page 2
October 22, 2008
By proceeding with the Resolution at this time, Moorpark is undermining the negotiation process.
Moorpark should therefore delay the hearing in order to allow sufficient time for the parties to
complete both the appraisal and the negotiation process. SCE has engaged an independent appraiser
and anticipates that the appraisal will be complete within the next month.
Moorpark Has Not Conducted The Required Environmental Review
In addition, Moorpark has not demonstrated its compliance with the provisions of the California
Environmental QualityAct (CEQA). Here, the city is considering an action (the exercise of its
eminent domain power) that could result in a direct physical change to the environment. As such,
the adoption of the Resolution is a "project" under CEQA, and Moorpark must conduct the required
environmental review prior to taking action on the Resolution. Public Res. Code §+§ 21065, 21080.
This requirement has not been met.I
Moorpark Is Acting On Behalf Of Private Interests, Not Public Interests
Moorpark is acting on behalf of private interests to acquire SCE's property. Specifically,
condemnation of SCE's property would benefit a developer, A -B Properties (A -B). A -B is presently
developing a parcel located west of Gabbert Road and north of the Southern Pacific Railroad tracks
in Moorpark pursuant to Tract Map No. 5147. This proposed industrial development is adjacent to a
number of SCE's easements. To gain access to its development, A -B wants to install a road through
SCE's easements. A -B claims that the fee owner of the subject property granted a second easement
to A -B covering the same location as SCE's easement. SCE has opposed A -B's claims on several
grounds because A -B's proposed road would unreasonably interfere with SCE's easement rights.
Additionally, SCE believes thatA -B's purported easement is invalid in that SCE's prior written
consent, as required by the terms of SCE's easement, was never given. In October 2007, A -B filed a
lawsuit against SCE to assert its right to construct the access road within SCE's easement. This
lawsuit is pending.
In an attempt to bypass the judicial process, A -B requested pursuant to the A- B/Moorpark
Development Agreement dated December 16, 1998 that Moorpark seek to acquire SCE's property
on its behalf. In March 2008, A -B and Moorpark entered into an agreement (Agreement Regarding
Acquisition Of Off -Site Property) whereby Moorpark would, if necessary, exercise its eminent
domain power to obtain SCE's property for A -B's benefit. This agreement further provides that A -B
will pay for all costs of acquiring the property (whether by negotiation or condemnation). The
agreement does not describe the public benefit to be gained from this arrangement. Nor could it.
Moorpark's actions on behalf ofA -B subvert the judicial process by attempting to use eminent
domain law to benefit a private developer. Thus, the Resolution of Necessity would authorize
condemnation to advance a developer's interests and monetary gain, not to promote the public
interest. As discussed below, such a purpose is not permitted by law.
1 Moorpark prepared a Mitigated Negative Declaration (MND) for Tract Map No. 5147 in February 2000. This MND
discusses a temporary access road, however, the MND is now over eight years old. Therefore, Moorpark should conduct
additional environmental review to account for any changed circumstances.
()00125
Alan A. Sozio
Page 3
October 22, 2008
SCE's Use of Its Property Provides a Public Benefit
The City's contemplated Resolution affects two separate utility easements that SCE has for its
"Sandstone — Moorpark 220 W", "Saugus — Moorpark - Santa Susana — Torrey 66 W' and
"Moorpark — Pardee 220 W' transmission lines, including electrical conductors and steel lattice
towers. These multiple high - voltage transmission lines serve hundreds of thousands of customers in
Ventura, Santa Barbara, and Los Angeles Counties and surrounding areas. SCE's facilities provide a
public benefit and are a `public use" for eminent domain purposes. See Slemons 'y Southern
California Edison Co., 252 Cal. App. 2d 1022, 1026 (1967) ("Electric power lines for the
transmission and distribution of electric energy are clearly a public use of property for eminent
domain purposes. ").
On the other hand, use of the property for an access road to serve A -B's development is not a public
use. The California Supreme Court stated that "the Constitution does not contemplate that the
exercise of the power of eminent domain shall secure to private activities the means to carry on a
private business whose primary objective and purpose is private gain and not public need." City and
County of San Francisco v. Ross, 44 Cal. 2d 52, 59 (1955). Furthermore, even if the access road
qualifies as a public use, it would only benefit a small community, whereas SCE's electric facilities
benefit a much larger population. Therefore, the access road is not a more necessary and paramount
public use than the electric facilities pursuant to Code of Civil Procedure Section 1240.610.
Because the proposed access road would only benefit a private business, Moorpark should not adopt
the Resolution.
The Proposed Road Would Unreasonably interfere With SCE's Electric Facilities
The proposed access road would unreasonably interfere with SCE's ability to operate and maintain
its electric facilities. For example:
• Grading activities associated with the access road could result in the accumulation of
dust on the transmission lines and insulators, which can lead to potential fire and
outages.
• SCE is currently planning a transmission expansion within its easement, and the
paved access road would limit SCE's ability to expand facilities in this fast- growing
area of southern California.
• A road within its easement may interfere with SCE's ability to access its facilities for
necessary repairs. It is operationally prudent to ensure that all improvements crossing
SCE's easement do so in a manner perpendicular (rather than parallel) to the center
line of the right -of -way.
• Adequate clearances must be maintained around the towers and beneath these high -
voltage lines to protect the electric service system from damage and to provide for
the safety of others.
000126
Alan A. Sozio
Page 4
October 22, 2008
Because the proposed access road would unreasonably interfere with SCE's operation and
maintenance of its public facilities in violation of Code of Civil Procedure Section 1240.510,
Moorpark should not adopt the Resolution.
Importantly, there are other reasonable alternative locations outside of SCE's easement to construct
the road. Moorpark has not demonstrated that it specifically needs SCE's property to construct the
road, and that constructing the road within SCE's easement is the least burdensome alternative.
Conclusion
Moorpark should not hold the hearing on the Resolution prior to allowing the property owner
adequate time to evaluate the city's appraisal, obtain its own appraisal, and complete any settlement
negotiations. But if Moorpark proceeds with a hearing on November 5, SCE requests to be heard at
the hearing. For the reasons discussed in this letter (and which will be presented at the hearing),
SCE strongly urges the Moorpark City Council to deny the Resolution.
Very truly yours,
Linda J. Anabtawi
cc: Deborah S. Traffenstedt, City Clerk (Via email & Overnight Mail)
Leon Bass
Walker Matthews
LJA:c1:1578997
000127
NOTICE OF PROPOSED CONSTRUCTION
Moorpark- Newbury 66 kV Subtransmission Line
SCE Advice Letter Number: 2272 -E
Date: October 2, 2008
ProDosed Proiect:
Southern California Edison Company (SCE) proposes to construct the new Moorpark- Newbury
66 kilovolt (kV) subtransmission line to address a base case overload on the Moorpark tap of the
existing Moorpark — Newbury- Pharmacy 66 kV subtransmission line. The new Moorpark- Newbury
66 kV subtransmission line will be constructed between SCE's Moorpark Substation, located at
the northwest corner of Gabbert Road and Los Angeles Avenue in the City of Moorpark, and
SCE's Newbury Substation, located at 1295 Lawrence Drive in the City of Thousand Oaks. The
project, which will involve both the construction of new facilities and replacement and reconductor
of existing facilities, is approximately 9 miles in length, and will traverse portions of the City of
Moorpark, unincorporated areas of Ventura County, and the City of Thousand Oaks, all within
existing easements, rights -of -way (ROW) and SCE fee -owned property.
Specifically, the new Moorpark- Newbury 66 kV line will be constructed as follows:
Section 1: Construction of approximately 2,000 feet of underground 66 kV line, entirely within
Moorpark Substation.
This section will extend from Position 2 in the Moorpark 66 kV bus to a new tubular
steel pole (TSP) riser, up to approximately 90 feet in height, in the northeast corner
of Moorpark Substation, and will be cabled with 2,000 kcmil (thousand circular mils)
copper.
Section 2: Construction of 34 engineered TSPs existing in the SCE's existing Ormond Beach -
Moorpark 220 kV ROW for approximately 5 miles:
• This portion of the project will extend from the Moorpark Substation east and then
south to a point adjacent to SCE's existing 220 kV tower M16 T5. From this point,
the new line will transition to an existing 66 kV ROW as described in #2 below.
The new TSPs, which will be approximately 75 -125 feet tall and strung will 954
aluminum conductor, steel reinforced (ACSR), will be installed adjacent to the
existing 220 kV towers and the new subtransmission line will have approximately the
same span lengths as the existing Ormond Beach - Moorpark 220 kV lines in the
ROW.
Section 3: Replacement of 14 existing double- circuit 66 kV lattice steel towers (LSTs) with 14
double- circuit TSPs for approximately 2.5 miles on the existing Moorpark - Newbury- Pharmacy 66
kV subtransmission line.
• As noted in #1 above, this section begins where the existing Moorpark- Newbury-
Pharmacy 66 kV subtransmission line crosses SCE's existing Ormond Beach -
Moorpark 220 kV ROW at a point approximately 4,150 feet south of the intersection
of Santa Rosa Road and Gerry Road.
• The new double- circuit TSPs, which will be approximately 75 -125 feet tall, will carry
both the existing Moorpark- Newbury- Pharmacy 66 kV subtransmission line and the
new Moorpark- Newbury 66 kV line. Both circuits will be strung with 954 ACSR (the
existing Moorpark- Newbury- Pharmacy 66 kV line currently is strung with 653.9
CC ATTACHMENT 6 000128
ACSR, but will be reconductored as part of this project to avoid conductor swing and
rise conflict with the new Moorpark- Newbury 66 kV line).
Section 4: Replacement of 36 single- circuit wood poles with 36 double- circuit lightweight steel
(LWS) poles for approximately 1.2 miles in existing ROW.
• This section begins at a point approximately .3 miles west of the intersection of
Conejo Center Drive and Rancho Conejo Blvd and ends at Newbury Substation.
• This section will involve the transfer of the existing Moorpark- Newbury- Pharmacy 66
kV subtransmission line from existing 70 -90 foot tall wood poles to new 75 -95 foot tall
double- circuit LWS poles carrying both the new Moorpark- Newbury 66 kV
subtransmission line and the existing Moorpark- Newbury- Pharmacy 66 kV
subtransmission line.
Construction of the proposed project is scheduled to begin November 17, 2008, and is expected
to be completed in December 2010.
EMF Compliance: The CPUC requires utilities to employ "no cost" and "low cost" measures to
reduce public exposure to electric and magnetic fields (EMF). In accordance with "EMF Design
Guidelines" filed with the CPUC in compliance with CPUC Decisions 93 -11 -013 and 06 -01 -042,
SCE would implement the following measure(s) for the Proposed Project:
1. Using pole heights that meet or exceed the "preferred" 66 kV design criteria as specified
in SCE's EMF Design Guidelines.
2. Using a compact pole -head configuration that creates lower magnetic fields than other
designs.
3. Phasing circuits to reduce the magnetic fields.
Exemption from CPUC Authority: Pursuant to CPUC General Order 131 -D, Section III.B.1,
projects meeting specific conditions are exempt from the CPUC's requirement to file an
application requesting authority to construct. This project qualifies for the following exemption:
"g. power line facilities or substations to be located in an existing franchise, road -
widening setback easement, or public utility easement; or in a utility corridor designated,
precisely mapped and officially adopted pursuant to law by federal, state, or local
agencies for which a final Negative Declaration or EIR finds no significant unavoidable
environmental impacts."
Public Review Process: Persons or groups may protest the proposed construction if they
believe that the utility has incorrectly applied for an exemption or believe there is reasonable
possibility that the proposed project or cumulative effects or unusual circumstances associated
with the project, may adversely impact the environment.
Protests must be filed by October 22, 2008 and should include the following:
1. Your name, mailing address, and daytime telephone number.
2. Reference to the SCE Advice Letter Number and Project Name Identified.
3. A clear description of the reason for the protest.
The letter should also indicate whether you believe that evidentiary hearings are necessary to
resolve factual disputes. Protests for this project must be mailed within 20 calendar days to:
California Public Utilities Commission
Director, Energy Division
Southern California Edison Company
Law Department - Exception Mail
000129
505 Van Ness Avenue, 4"' Floor AND 2244 Walnut Grove Avenue
San Francisco, CA 94102 Rosemead, CA 91770
Attention: Ms. C. Lawson
SCE must respond within five business days of receipt and serve copies of its response on each
protestant and the CPUC. Within 30 days after SCE has submitted its response, the Executive
Director of the CPUC will send you a copy of an Executive Resolution granting or denying the
request and stating the reasons for the decision.
Assistance in Filing a Protest: For assistance in filing a protest, contact the CPUC's Public
Advisor in San Francisco at (415) 703 -2074 or in Los Angeles at (213) 576 -7055.
Additional Project Information: To obtain further information on the proposed project, please
contact:
For Moorpark:
Chris Coronel, SCE Local Public Affairs Region Manager
SCE Valencia Service Center
25625 W. Rye Canyon Road
Valencia, CA, 91355
Phone: (661) 257 -8227
For Thousand Oaks and Unincorporated Ventura County Areas:
Rudy Gonzales, SCE Local Public Affairs Region Manager
SCE Thousand Oaks Service Center
3589 Foothill Drive
Thousand Oaks, CA, 91361
Phone: (805) 497 -5616
0001130