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HomeMy WebLinkAboutAGENDA REPORT 1997 0618 CC REG ITEM 08BTO: FROM: DATE: SUBJECT: OVERVIEW AGENDA REPORT CITY OF MOORPARK The Honorable City Council J Dirk Lovett, Assistant City Engineer I June 6, 1997 (Council Meeting 6- 18 -97) ITEM- Crff OF MOORPAR& CALMRNL , city cmwu Meeting Of m -7 �rr>< / `, 3 n Resolution to Vacate Pedestrian Easements on Lots 64 and 65 of Tract 4342 -3, at the East End of Sagewood Drive (American Stores) Vacation No. V -97 -1 This item asks the City Council to consider the testimony and evidence received at the Public Hearing of June 18, 1997, on the matter of it's previously declared intention to vacate pedestrian easements on the east end of Sagewood Drive. If after considering the testimony and evidence presented at the hearing, the City Council finds it appropriate, this item then includes for the Council's consideration a Resolution ordering the vacation of pedestrian easements at the east end ol' Sagewood Drive. Any and all conditions, which may have earlier been considered as necessary precedent to ordering this vacation, have since been satisfied. Upon passage and recordation of the resolution, the described pedestrian easements are vacated and closed to public use. CA].Y�I�7.Y.�iP�i A. Background When the Final Map 4342 -3 was recorded, a 10 boot wide easement was dedicated to the City of Moorpark to provide pedestrian access from the cast end of Sagewood Drive to the future shopping center. During the pre - entitlement review for the current Lucky's shopping center several local residents stated that the access was not desired and requested that the easement be vacated. Concurring, the City Council directed staff to process a vacation of the easement. American Stores and California Community Builders have each paid one half of the cost to complete the vacation process, �tN►�►�35 Improvements at the subject shopping center are substantially complete and the Lucky's market is open for business. A masonry wall was constructed which effectively prohibits pedestrians from using these easements. Owners of Lots 64 and 65 are currently maintaining these easements as a part of their normal yard maintenance activities. On May 21, 1997, the City Council of the City of Moorpark adopted Resolution No. 97- 1322, Resolution of Intent to Vacate the aforementioned pedestrian easements and setting forth June 18, 1997, at 70) P.M. in the. Community Center as the time, date and place for a public hearing on the matter As required by Section 65402 of the Government Code, no street or alley shall be vacated until the Planning Commission has reported on the proposed location, purpose and extent as to conformity with the Moorpark General Plan. By Planning Commission Resolution No. 9 7 - 3 3 8 . adopted at its meeting of June 9, 1997, the Commission has determined that the vacation conforms to the General Plan. The City Council must now consider the testimony and evidence received and make certain findings of fact after which it may adopt a resolution of vacation. Finding of Fact: • the pedestrian easement is unnecessary for present or prospective public use. • the easement area is not useful as a non - motorized transportation facility. B. Easement Vacation The 10 foot wide pedestrian easement crosses 3 properties between the east end of Sagewood Drive and the Lucky's shopping center. The easement spans Lot R of Tract 4342 -1 and straddles Lots 64 and 65 (5 feet on each) ol' Tract 4342 -3. Excerpts from the recorded final maps have been attached which illustrate the location of the easement. Currently a new final map is being prepared by American Stores that includes Lot R of Tract 4332 -1. The portion of the easement that spans Lot R will be vacated with the new map when it records. The portion of the easement that straddles Lots 64 and 65 of Tract 4342 -3 needs to be vacated by a separate instrument. It is, therefore, appropriate for the City Council to take action to vacate the easements on Lots 64 and 65 at this time. Q00036 C. Process Local agencies may vacate, public easements by adoption of a resolution pursuant to the requirements of applicable provisions of' the Streets and Highways Codes of the State of California. Those provisions require a public hearing to be conducted and due notification of' said hearing to be given. The attached resolution sets the time and date of the public hearing as 70) P.M. on the 1 8th OI June, 1 997 KWO " ru 1210 V • Consider the testimony and evidence submitted at the public hearing. 2. Make those necessary findings Cur tact prerequisite to vacating public easements. 3. 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