HomeMy WebLinkAboutAGENDA REPORT 2006 0503 CC REG ITEM 08AINA-03
Y. A.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of
ACTION :dA4Ad!:r'R
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council qQ
FROM: Yugal K. Lall, City Engineer / Public Works Director /
BY: Kenneth C. Gilbert, Public Works Consultant
DATE: April 20, 2006 (Council Meeting 05- 03 -06)
SUBJECT: Resolution to Vacate a Certain Segment of Magnolia Street
OVERVIEW
This presents a resolution vacating the street right -of -way for that portion of Magnolia
Street between Charles Street and a point approximately one hundred twenty feet (120')
south of Charles Street.
DISCUSSION
A. Magnolia Park
It is the intent of the City to construct a neighborhood park in the vicinity of the
southwest comer of Charles Street and Magnolia Street (Attachment 1).
The proposed construction of Magnolia Park is consistent with certain language set
forth in the Open Space, Conservation and Recreation Element of the Moorpark
General Plan which discusses the development of "miniparks" in the downtown area.
B. Street Closure / Vacation
It is also the intent of the City to close the northerly one hundred twenty feet (120') ±,
of Magnolia Street (Attachment 2) and incorporate that property into the
neighborhood park. As such, it is necessary for the City to vacate the street right -of-
way for the subject segment of Magnolia Street, before the City can proceed with
P'WI VKLOB021/RPT /OU1 9108
000001
Street Vacation: Magnolia Street
May 3, 2006
Page 2
modifications to the street improvements in this area, and the construction of the new
neighborhood park.
It should be noted that the Moorpark Downtown Specific Plan discusses the closure
of Magnolia Street to through traffic for the purpose of creating outdoor pubic places.
C. Ownership of Underlying Fee Interest
The City owns the property at the southwest comer of Charles Street and Magnolia
Street. As owner of the property on the west side of Magnolia Street, the City is also
the owner of the underlying fee title interest in the west one -half of that portion of
Magnolia Street fronting the City's property.
The Area Housing Authority of the County of Ventura is the owner of the property at
the southeast comer of that intersection. Recently, the Housing Authority granted to
the City of Moorpark, all of the street rights -of -way fronting their property.
Subsequent to the recordation of that deed, the City of Moorpark is also the owner of
the underlying fee title interest in the east one -half of the subject street segment.
D. Utilities / Utility Easements
There are two underground utilities located within the subject street segment: a gas
line and a sewer line. Staff has worked with the owners of those utilities and
prepared utility easements for recordation to preserve the rights of those utility
owners. If the street vacation is approved, it is the intent of staff to have all necessary
utility easements recorded coincidental with, or prior to, the recordation of the City
Council Resolution effectuating the street vacation.
It is proposed that existing utilities will remain in place within those easements,
subsequent to the vacation of the street and the construction of the new park.
E. Report on Conformity
Section 65402 of the Government Code of the State of California requires the
Planning Commission of an agency to render a finding, with regard to any proposed
street vacation, as to the conformity of such action with the General Plan. On
January 24, 2006, the Moorpark Planning Commission adopted Resolution No. PC-
2006-495, finding the subject proposed street vacation to be in conformance with the
Moorpark General Plan.
PW/VKL00021/RPT104/79M 000002
Street Vacation: Magnolia Street
May 3, 2006
Page 3
F. Resolution of Intent
On April 5, 2006, the City Council adopted Resolution No. 2006 -2450 stating its intent
to proceed with the vacation of the subject street segment and setting May 3, 2006,
as the date of a public hearing to consider such action. That resolution was
published, mail and posted on the subject property as required by law, and included a
statement that the proposed street vacation is being undertaken in compliance with
the requirements of Chapter 3, Part 3, Division 9 (Sections 8320 through Section
8325) of the Streets and Highways Code of the State of California.
G. Effective Date Subsequent to Recordation of Utility Easements
The Resolution (Attachment 3) directs the City Clerk to record said Resolution
subsequent to the date of the recordation of all easement deeds necessary to
preserve the rights of the owners of existing utilities affected by the street vacation.
Pursuant to Section 8325 of the Streets and Highways Code of the State of
California, the subject street vacation will become effective on the date of the
recordation of that Resolution.
STAFF RECOMMENDATION
1. Open the public hearing; receive public testimony, and close the public hearing.
2. Adopt Resolution No. 2006-
Attachments:
Attachment 1
Attachment 2
Attachment 3
Park
Street Vacation
Resolution
0000(;3
000064
0
am
50.00'
15
BLK. E
50.00'
<0-�LLL A YVO
CHARLES
50.00'
0 b
16 ° °°
0 6
Lo N
r r
'7
r Z
O
_
E15
J
O
o
o
0
�� 7
J
ZD
C/)
Cho C
� r
YL
U
N
rlo
°Q
WEST
50 -nn' .
2
0
Q aP
P.L.S. 63 vZ 01. 25 1 0
0
0
Lo
r
- - -- — - -' —T -- - --
P.O.B.
SjgT -p . 12 31 0�\Q,
OF CALF
30' 15' 0' 30' 6
SCALE I"=30'
WEST j 75.00'
i
PATRICK T. CORCORAN, P.L.S. 3325
DATE
STANTEC CONSULTING INC.
310 NORTH WESTLAKE BOULEVARD
SUITE 150
WESTLAKE VILLAGE, CA 91362
Stantf'C 805.495.6522 #,,,tec - °m
CIS
0
STREET co
50.00' i 50.00'
DELTA =90 °00'00"
R= 15.00' L= 23.56'
�1 i
0
co
ui
CD 10
r
=
92
O
O
Lr)
•-
G
o
o
ol,. W
I o
LuI
Cho C
0
Q F-
o U)
rlo
°Q
Lo
ZI
oI�
Z�
60,
30' Q
Y
30'
-j
O�
i z
Z
O
Z
C�
G
I
0'
I
CU
i
PATRICK T. CORCORAN, P.L.S. 3325
DATE
STANTEC CONSULTING INC.
310 NORTH WESTLAKE BOULEVARD
SUITE 150
WESTLAKE VILLAGE, CA 91362
Stantf'C 805.495.6522 #,,,tec - °m
CIS
0
STREET co
50.00' i 50.00'
DELTA =90 °00'00"
R= 15.00' L= 23.56'
�1 i
0
co
ui
CD 10
r
=
7
O
O
Lr)
•-
O
o
o
rO
y )
0
r
Lo
r
cr-
C)
N
Y
Lo
N
U
WEST
/ 50.00'
11
BLK. F
50.00'
CURVE TABLE
RVE LENGTH RADIUS DELTA
C1 15.71' 36.00' 24 °59'59"
C2 40.30' 23.00' 100 °23'20"
C3 1 15.71' 1 36.00' 24 °59'59"
0.15 Ac.
MAGNOLIA STREET VACATION
A PORTION OF MAGNOLIA STREET AND LOT 10, BLOCK F
AS SHOWN ON MAP OF M.L.WICKS SUBDIVISION OF A PART
OF TRACT'U' AND ADDITION TO MOORPARK (5 MR 37),
IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE
OF CALIFORNIA 0(2) Ut f 5
MARCH 2006
L?
•
°
o
o
9
0
r
Lo
r
11
BLK. F
50.00'
CURVE TABLE
RVE LENGTH RADIUS DELTA
C1 15.71' 36.00' 24 °59'59"
C2 40.30' 23.00' 100 °23'20"
C3 1 15.71' 1 36.00' 24 °59'59"
0.15 Ac.
MAGNOLIA STREET VACATION
A PORTION OF MAGNOLIA STREET AND LOT 10, BLOCK F
AS SHOWN ON MAP OF M.L.WICKS SUBDIVISION OF A PART
OF TRACT'U' AND ADDITION TO MOORPARK (5 MR 37),
IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE
OF CALIFORNIA 0(2) Ut f 5
MARCH 2006
L?
•
Attachment 3
RESOLUTION NO. 2006 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, VACATING THE STREET
RIGHT -OF -WAY FOR A PORTION OF MAGNOLIA STREET
SOUTH OF CHARLES STREET
WHEREAS, vehicular traffic on Magnolia Street south of Charles Street is not
required in order to provide for the adequate circulation of vehicular traffic in this
residential neighborhood, and the closure of Magnolia Street south of Charles Street may
even reduce the volume of non -local traffic on Magnolia Street, Charles Street and other
residential streets in this area; and
WHEREAS, it is the desire of the City Council to close Magnolia Street to through
traffic south of Charles Street, remove the street improvements in this area and add this
property to a parcel located at the southwest corner of Magnolia Street and Charles
Street set aside for the development of a neighborhood park; and
WHEREAS, on January 24, 2006, the Planning Commission of the City of
Moorpark adopted Resolution No. PC- 2006 -495 finding the proposed street vacation to
be in conformance with the Moorpark General Plan, as required by Section 65402 of the
Government Code of the State of California; and
WHEREAS, on April 5, 2006, the City Council of the City of Moorpark adopted
Resolution No. 2006 -2450 declaring its intention to vacate a portion of Magnolia Street
south of Charles Street; and
WHEREAS, said Resolution set May 3, 2006, at 7:00 p.m. as the date and time of
a public hearing before the City Council, to hear persons interested in or objecting to the
proposed street vacation, said date being at least fifteen (15) days subsequent to the date
of the aforesaid Resolution No. 2006 -2450; and
WHEREAS, said Resolution was duly published as required by Section 8322 of
the Streets and Highways Code of the State of California and was published and posted
in the same manner prescribed for the publishing and posting of Resolutions of the City
Council of the City of Moorpark; and
P W /YKL 06022/RPT /011 1 9/06
0 000(; d
Resolution No. 2006 -
Page 2
WHEREAS, pursuant to Section 8323 of the Streets and Highways Code of the
State of California, three (3) notices of this street vacation were posted conspicuously
along the line of said street to be vacated, setting forth the passage of the Resolution of
Intention and the time and place of the public hearing on the matter; and
WHEREAS, on May 3, 2006, the City Council held the aforesaid public hearing
and received and considered the evidence with respect thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings:
A. This street vacation is made pursuant to Chapter 3, Part 3, Division 9
(Sections 8320 through 8325) of the Streets and Highways Code of the State
of California.
B. The street segment to be vacated is generally described as that segment of
Magnolia Street between Charles Street and a point approximately one
hundred twenty feet (120') south of Charles Street, as more particularly
described and shown on Exhibit 'A' and Exhibit 'B', attached hereto and made
a part hereof.
C. Certain existing utilities are located within the aforesaid street segment to be
vacated.
D. It is the intent of the City to prepare easement deeds, in a form acceptable to
the owners of those affected utilities, and record said easements for the
purpose of preserving the rights of said utility owners to operate and maintain
said utilities in place.
SECTION 2. The above described street segment is not required for street
purposes and is hereby vacated.
SECTION 3. The City Clerk is authorized and directed to cause a certified copy of
this Resolution to be recorded in the Office of the County Recorder of the County of
Ventura, subsequent to the date of the recordation of all easement deeds necessary to
preserve the rights of the owners of all utilities which are currently in place within the
street segment to be vacated.
SECTION 4. Upon the date of the recordation of this Resolution, the above
described street segment shall no longer constitute a public street.
PW„ff,L Tro,,,9M 0 0 (? Of) 17
Resolution No. 2006 -
Page 3
SECTION 5. 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 3`d day of May, 2006.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
Attachments:
Exhibit 'A': Legal Description of Street Segment to be Vacated
Exhibit 'B': Diagram of Street Segment to be Vacated
PWNKL06022/RPT /0111 9106 ` ` 0 (21 ^ C" 8
EXHIBIT 'A'
LEGAL DESCRIPTION
MAGNOLIA STREET VACATION
Being that portion of Magnolia Street, 60.00 feet wide, between High Street and Charles
Street, shown on map of M.L. Wicks Subdivision of a Part of Tract `U' and Addition to
Moorpark, in the City of :Moorpark, County of Ventura, State of California, filed in Book
5, at Page 37 of Miscellaneous Records (Maps), in the office of the County Recorder of
said County, and in that portion of Lot 10, Block F of said M.L. Wicks Subdivision,
described as:
Beginning at the northeasterly corner of Lot 16, Block E, of said M.L. Wicks
Subdivision; thence,
Along the easterly line of said Lot 16, South 120.80 feet to the beginning of a non -
tangent curve concave northwesterly, having a radius of 36.00 feet, a radial to said curve
bears South 25 °11'41" East; thence,
Northeasterly along said curve, through a central angle of 24 °59'59 ", an arc length of
15.71 feet to the beginning of a reverse curve concave southerly, having a radius of 23.00
feet, a radial to said curve bears North 50 °11'40" West; thence,
Northeasterly, easterly, and southeasterly along said curve, through a central angle of
100 °23'20 ", an arc length of 40.30 feet to the beginning of a reverse curve concave
northeasterly, having a radius of 36.00 feet, a radial to said curve bears South 50'11'40"
West; thence,
Southeasterly along said curve, through a central angle of 24 °59'59 ", an arc length of
15.71 feet to a point in the westerly line of Lot 10, Block F of said M.L. Wicks
Subdivision; thence,
Along said westerly line, North 105.80 feet to the beginning of a concave curve
southeasterly, having a radius of 15.00 feet; thence,
Northerly, northeasterly and easterly through a central angle of 90 °00'00" an arc distance
of 23.56 feet to a point in the southerly right -of -way line of Charles Street, 60.00 feet
wide. shown on said map of M.L. Wicks Subdivision; thence,
Along the southerly line of said Charles Avenue, West 75.00 feet to the point of
beginning.
Containing an area of 0.15 acres.
0000019
See Exhibit `B' attached and by this reference made a part hereof.
0
J
Patrick T. Corcoran D to
P.L.S. 6325, Exp.12/31/2006
Stantec Consulting, Inc.
310 North Westlake Blvd., Suite 150
Westlake Village, CA 91362
(805)495 -6522
PATRICK T. 005
* ; j63225?Rz-* f of
9TF 0�
2 000010
0
0
co
50.00'
15
BLK. E
50.00'
S�ONAL LANDS
�GK T , CoR GA
a aL -7 0
NA? P.L.S. 6325 .A
N
EXHIBIT 'B'
CHARLES P.O.B.
WEST 75.00'
50.00'
Izl
CD CD
CD
16 I ,
,
° /� / / Lo
I
�z
O
O
(n
of
U)
9
O
°�'� %�
C'7
�
U)
p�Q.7
o
N
Y
Lo
U)
U
50.00
°
N
_U
WEST N
50.00'
J
1 °
0
O
Lo
/i C12
�N W
�I w I o W
CD
M j
�� � oi.,
�Q
oil (n o��
Z� I ZI
6'0'
30' Q I 30'
J I=
O�
z o
Q z
12 3 ro��P
nF CAt�F
30' 15' 0' 30' 60'
SCALE 1"=30'
/
Jt
PATRICK T. CORCORAN, P.L.S.6325 DATE
STANTEC CONSULTING INC.
310 NORTH WESTLAKE BOULEVARD
SUITE 150
WESTLAKE VILLAGE, CA 91362
StanteC 805.495.6522
_ o
STREET
\'- DELTA =90 °00'00"
R= 15.00' L= 23.56'
10
of
°I
z L,
�I
o
O
°
(n
of
9
°�'� %�
C'7
�
U)
fY
o
N
Y
Lo
N WEST
U
50.00
S0
'o
°
of
9
O
Lo
O
0
co
50.00'
11
BLK. F
gum
•
W15.71V TABLE
DIUS DELTA
6.00' 24 759'59"
3.00' 100 °23'20"
6.00' 24 °59'59"
0.15 Ac.
MAGNOLIA STREET VACAT ION
A PORTION OF MAGNOLIA STREET AND LOT 10, BLOCK F
AS SHOWN ON MAP OF M.L.WICKS SUBDIVISION OF A PART
OF TRACT'U' AND ADDITION TO MOORPARK (5 MR 37),
IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE
OF CALIFORNIA 0` 0:11
MARCH 2006
]a-- flixuara t-ray
415 High St.
Moorpark, CA. 93021
May 3, 2006
City Council
City of Moorpark
799 Moorpark Ave.
Moorpark, Ca. 93021
Re: Resolution No. 2006 -2450
Honorable Council Members,
RECEIVED
MAY U 3 2006
CITY CLERK'S DIVISION
CITY OF MOORPARK
805- 517 - 6223 805 -529 -8270 fax
I would like to call your attention to a potential problem with the resolution to
vacate a portion of the right of way of Magnolia Street south of Charles Street.
Magnolia Street is 36 feet wide. If Magnolia Street is made a dead end street, as
proposed, then it will be very difficult to turn around, especially if cars are parked
along the curb. The probably alternatives for turning around are either backing
out into High Street, which is dangerous and illegal, or using the fire department
driveway, which is also illegal.
Ventura County standards require either an 80 foot diameter circle or a 20 foot by
75 foot hammerhead for turnaround at dead ends. In the proposed design I do not
see any turnaround area.
ely,
Richar Gray