HomeMy WebLinkAboutAGENDA REPORT 2006 0503 CC REG ITEM 10CTO:
FROM:
BY:
DATE:
ITEM 1 () - C -
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
Yugal K. Lail, City Engineer / Public Works Director
Earl B. Schwartz, Assistant City Engineer
April 26, 2006 (Council Meeting 05- 03 -06)
SUBJECT: Resolution of Intent to Vacate that Portion of Park Crest Lane
Described as Located at the Northeasterly Corner of Park
Lane and Park Crest Lane Containing Approximately 0.072
Acre (3,153 Square Feet)
OVERVIEW
This presents a resolution declaring the City's intent to vacate the subject portion of street
right -of -way.
BACKGROUND
The approval of CDP 2005 -03, Renaissance Development on the west side of Park Lane
by the City Council on November 2, 2005, did not include reservation of street right -of-
way for the future extension of Unidos Avenue from the terminus easterly to Park Lane.
This approval meant that the City decided not to connect Unidos Avenue to Park Lane.
CDP 2005 -03 was approved after the approval of CDP 2004 -02, Kylexa Development
and CDP 2005 -02, Tuscany Development. Both of these developments were conditioned
to modify the configuration of Park Lane and Park Crest Lane intersection. The City by
the approval of CDP 2005 -03 ultimately decided not to connect Unidos Avenue to Park
Lane and as a prerequisite to such a configuration of Park Lane /Park Crest Lane, a
vacation of the excess right -of -way is necessary.
DISCUSSION
A. It is now the intent of the City to initiate the vacation of a portion of Park Crest Lane
(Attachment 1). Presently, Park Crest Lane at the northeasterly corner of Park Lane
and Park Crest Lane has a right -of -way configuration to enable the future connection
PW/VKL06019/RPT /04 /07/06 000139
Street Vacation: Park Crest Lane
May 3, 2006
Page 2
of Unidos Avenue through to Park Crest Lane. A portion of street right -of -way is no
longer necessary and should return to a typical configuration as satisfied by this
Vacation.
B. Process
Local agencies may vacate surplus street right -of -way by adoption of a resolution
pursuant to the requirements of applicable provisions of the Streets and Highways
Code of the State of California. Those provisions require a public hearing to be held
prior to taking such action.
C. Ownership of Underlying Interest
The subject street was dedicated as part of Parcel Map 5316, filed in Book 60 Pages
87 et. Seq. in the office of the County Recorder of Ventura County, by the owners of
Herbert I. Rosenkrantz and Barbara Ann Rosenkrantz, trustees of the Rosenkrantz
Living Trust, and Edward Lewis, Trustee of the Edward Lewis Intervivos Trust, for the
purpose for public use as right -of -way. The subject street was therefore dedicated as
an easement and is not in fee. If the vacation is executed, the said land will revert to
the current owners of the said land as Kylexa Enterprises LLC, a California limited
company.
D. Utilities / Utility Easements
There are no underground utilities located within the subject street.
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. This intent
to vacate will be presented to the Planning Commission on May 23, 2006, and their
findings will be presented to the City Council as part of the report for the proposed
June 7, 2006, public hearing.
PW/YKL06019 /RPTJ04 107!06 0 V 01 ra 0
Street Vacation: Park Crest Lane
May 3, 2006
Page 3
F. Resolution of Intent
It is recommended below that the City Council adopt a resolution stating its intent to
proceed with the vacation of the subject street segment. The attached Resolution
(Attachment 2) states that this proceeding 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. If adopted, it is the
intent of staff to publish, mail and post notices of a public hearing to formally consider
this action, in a manner consistent with those requirements.
STAFF RECOMMENDATION
Adopt Resolution No. 2006 -
Attachments:
Attachment 1:
Attachment 2:
Park Crest Lane Roadway Vacation
Resolution
PW NKLO6019 /RPT/04/07/06 00014-IL
EXHIBIT "B"
PARK CREST LANE ROADWAY VACATION
LOS ANGELES AVE
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SCALE I" = 100'
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GRAPHIC SCALE
VACATION OF ROADWAY
DEDICATION BY THE
CITY OF M00 PARK
(0.072 ACRE ®oavt
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PREPARED BY:
FRED W. HAMMAR
CA
P.O. BOX 162
SOMIS, CA 93066
(805)491 -0294
R.C.E. 13765 EXP. 03 -31 -07 DATE
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I PARK CREST LANE i
CURVE DATA
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A
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1
12753'47"
266.00'
59.87'
30.06'
6523'5101
37.00'
42.23'
23.75'
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3
89'57'00"
35.00'
54.95'
34.97'
SHEET 1 OF 1 SHEETS
000142
Attachment 2
RESOLUTION NO. 2006 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING ITS INTENT TO
VACATE THE STREET RIGHT -OF -WAY LOCATED AT THE
NORTHEASTERLY CORNER OF PARK LANE AND PARK
CREST LANE CONTAINING APPROXIMATELY 0.072
ACRES (3,153.16 SQUARE FEET)
WHEREAS, the circulation element has been modified and Unidos Avenue will not
be a through street; and, the purpose of the irregular shaped street right -of -way located
at the northeasterly comer of Park Lane and Park Crest Lane is no longer necessary and
should return to a typical configuration; and, the liability for maintenance would be
removed; and
WHEREAS, it is the desire of the City Council to vacate said portion of Park Crest
Lane and revert to the original owners who are the current owners of the said land as
Kylexa Enterprises LLC, a California limited company; Herbert I. Rosenkrantz and
Barbara Ann Rosenkrantz, as trustees of the Rosenkrantz Living Trust, dated May 2,
1988, as to an undivided Y2 interest; and Edward Lewis, as Trustee of the Edward Lewis
Intervivos Trust, dated September 11, 1987, as to an undivided % interest; and
WHEREAS, it is appropriate, therefore, for the City Council to consider the
vacation of a segment of the street right -of -way located at the northeasterly comer of Park
Lane and Park Crest Lane containing approximately 0.072 acres (3,153.16 square feet).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That portion of street right -of -way located at the northeasterly comer
of Park Lane and Park Crest Lane containing approximately 0.072 acres (3,153.16
square feet), as more particularly described as Exhibit `A', and shown on Exhibit 'B',
attached hereto and made a part hereof, is to revert to the current owners of the said land
as Kylexa Enterprises LLC, a California limited company.
SECTION 2. The City Council of the City of Moorpark hereby elects to proceed
with said easement vacation pursuant to the provisions of Chapter 3, Part 3, Division 9
(Sections 8320 through Section 8325) of the Streets and Highways Code of the State of
California.
PW,MLPT,W07/06 000143
Street Vacation: Park Crest Lane
May 3, 2006
Page 2
SECTION 3. The City Council hereby sets 7:00 p.m., June 7, 2006, in the City
Council Chambers at City Hall, 799 Moorpark Avenue in the City of Moorpark, California,
as the time and date and location of a public hearing before the City Council to hear all
persons interested in or objecting to the proposed street vacation.
SECTION 4. The City Clerk is authorized and directed to cause the posting of at
least three (3) notices of said proposed street vacation, conspicuously along the line of
the street to be vacated. Said Notices shall be posted at least fourteen (14) days before
the date of the date of said hearing and shall be prepared and posted pursuant to Section
8323 of the Streets and Highways Code of the State of California.
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 resolution.
PASSED AND ADOPTED this 3`d day of May, 2006.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments:
Exhibit "A ":
Exhibit "B ":
P W /YKL06000/RPT104107 /06
Patrick Hunter, Mayor
Legal Description for Park Crest Lane Roadway Vacation
Plat of Street Segment to be Vacated
000144
EXHIBIT "A"
Legal Description for
Park Crest Lane Roadway Vacation
All that portion of Park Crest lane "Offered for Dedication" as shown on Parcel Map 5316 in the
City of Moorpark, County of Ventura, State of California as recorded in Book 60 Pages 87 - 90 of
Parcel Maps in the Office of the County Recorder of said county, further described as follows:
Beginning at the Southeast comer of Parcel -A of said Parcel Map, said point being on the
Northerly line of said Park Crest Lane; thence,
1st: West 163.04 feet to a point on a tangent curve concave Northeasterly and
having a radius of 35 feet; thence Westerly and Northerly along said
curve,
2nd: 54.95 feet through a central angle of W 5T 00" to a point on the Southerly
prolongation of the Westerly line of said Parcel A said Westerly line being
the East Right of Way of Park Lane, having a width of 68 feet; thence tangent
to said curve and Northerly along said Southerly prolongation,
3rd: North 00 03' 00" West 25.66 feet to a point on a non tangent curve concave
Northeasterly, a radial to said curve at said point bears South 78 °1T 51" West,
having a radius of 37.00 feet; said curve being on the Northerly line of said Paris
Crest Lane; thence along said Northerly line by the following three courses,
Southeasterly along said curve,
4th: 42.23 feet through a central angle of 650 23' 51 "; thence tangent to said curve,
5th: South 7706' 00" East 113.59 feet to a point on a tangent curve concave
Northeasterly and having a radius of 266.00 feet; thence Southeasterly
along said curve,
6th: 59.87 feet through a central angle of 120 53' 47", a radial at said point bears
South 00 00' 13" West to the True Point of Beginning
Containing 0.072 Acres
Q�pFESSion
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000145
EXHIBIT "B"
PARK CREST LANE ROADWAY VACATION
LOS ANGELES AVE
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SCALE 1" = 100'
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GRAPHIC SCALE
VACATION OF ROADWAY
DEDICATION BY THE
CITY OF MOORPARK
0.072 AC-Re)
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ko. 19Tes
PREPARED BY: T
FRED W. HAMMAR` ".'� ',,,"�';,-�
P.O. BOX 162
SOMIS, CA 93066
(805)491 -0294
R.C.E. 13765 EXP. 03 -31 -07 DATE
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CURVE DATA
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1
12'53'47"
266.00'
59.87'
30.06'
2
6523'51 "
37.00'
42.23'
23.75'
3
89'57'00"
35.00'
54.95'
34.97'
SHEET 1 OF 1 SHEETS
000146