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HomeMy WebLinkAboutAGENDA REPORT 2006 0607 CC REG ITEM 08FTO: FROM: rrEM 8 • F- 7 nr�trc�w�rc, CALIFORNIA L:ity Council Meeting to - %0700 fo ACTION: MOORPARK CITY COUNCIL"'. AGENDA REPORT The Honorable City Council Yugal K. Lail, City Engineer / Public Works Director PREPARED BY: Earl B. Schwartz, Assistant City Engineer DATE: May 30, 2006 (Council Meeting 06- 07 -06) SUBJECT: Consider Resolution to Vacate a Portion of Park Crest Lane (Northeasterly Corner of Park Lane and Park Crest Lane, Approximately 3,153 Square Feet) OVERVIEW This presents a resolution vacating 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 vacate a portion of Park Crest Lane (Attachment 1). Presently, Park Crest Lane at the northeasterly comer of Park Lane and Park Crest Lane has a right -of -way configuration to enable the future connection 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. PWfYKL06041/RPTI05 /1 &06 0 IJi 0 ®3 9 Street Vacation: Park Crest Lane June 07, 2006 Page 2 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. On May 23, 2006, the Moorpark Planning Commission adopted Resolution No. PC- 2006 -498, finding the subject proposed street vacation to be in conformance with the Moorpark General Plan. F. Resolution of Intent On May 3, 2006, the City Council adopted Resolution No. 2006 -2459 stating its intent to proceed with the vacation of the subject street segment and setting June 7, 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. P W IYKL080411RPTl05 /19108 (300040 Street Vacation: Park Crest Lane June 07, 2006 Page 3 G. Effective Date Subsequent to Recordation of Utility Easements The Resolution (Attachment 2) directs the City Clerk to record said Resolution subsequent to the date of the recordation. 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: Park Crest Lane Roadway Vacation Attachment 2: Resolution PWML060411RPT /05119106 000041 EXHIBIT "B" PARK CREST LANE ROADWAY VACATION LOS ANGELES AVE EASI 102.0 o N.A.P. 00 b 0 z EAST 618, ^ SCALE 1" = 100' 0 50' 100' GRAPHIC SCALE VACATION OF ROADWAY DEDICATION BY THE CITY OF MOO PARK (0-0-72 AC-RC-5 0 -009 ! Na 1STr� PREPARED BY: FRED W. HAMMAR P.O. BOX 162 SOMIS, CA 93066 (805)491 -0294 a) Lo I � a! PARCEL MAP 5316 L to PARCEL A z I `" 60 PM 87 g 2 o co, '6 Y � oo i� 0 � •°o Z A%* N00'03'00 "W �� 25.66' 54.95' 34.97' R.C.E. 13765 EXP. 03 -31 -07 DATE S7' ooft '113 c" C I— _q — PARK CREST LANE CURVE DATA Attachment 1 rn cD �t 0 0 M 0 z w o' o' i P.O.B. O Q R L T 1 12'53'47" 266.00' 59.87' 30.06' 2 65'23'51" 37.00' 42.23' 23.75' 3 89'57'00" 35.00' 54.95' 34.97' SHEET 1 OF 1 SHEETS Attachment 2 RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, VACATING 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 current owners of the said land as Kylexa Enterprises LLC, a California limited company; and WHEREAS, on May 23, 2006, the Planning Commission of the City of Moorpark adopted Resolution No. PC- 2006 -498 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 May 03, 2006, the City Council adopted Resolution No. 2006 -2459 declaring its intention to vacate a portion of the northeasterly corner of Park Lane and Park Crest Lane; and WHEREAS, said Resolution set June 7, 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 -2459 ; and WHEREAS, said Resolution was duly published as required by Section 8322 of the Streets and Highways Code of the State of California; and PWNKL06M2/RPT105119106 000,043 Resolution No. 2006 - June 7, 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 June 7, 2006, the City Council held the aforesaid public hearing and received and considered the evidence with respect thereto. 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 3,153 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 corner of Park Lane and Park Crest Lane containing approximately 3,153 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 (Section 8320 through 8325) of the Streets and Highways Code of the State of California. SECTION 3. The above described street segment is not required for street purposes and is hereby vacated. SECTION 4. 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 consistent with the requirements of Section 8325 of the Streets and Highways Code. SECTION 5. Upon the date of the recordation of this Resolution, the above described street segment shall no longer constitute a public street. PWNKL06042IRPTl05119100 0 0 C 04 4 Resolution No. 2006 - June 7, 2006 Page 3 SECTION 6. 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 7th day of June, 2006. ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit "A ": Exhibit "B ": Patrick Hunter, Mayor Legal Description for Park Crest Lane Roadway Vacation Plat of Street Segment to be Vacated PWIYKL060421RPT /05/18/06 0 0 e ©4 5 EXHIBIT "A" Legal Description for Park Crest Lane Roadway Vacation All that portion of Park Crest Lane "Offered for medication" 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 89 57' 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 78 017' 51" West, having a radius of 37.00 feet; said curve being on the Northerly line of said Park 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 268.00 feet; thence Southeasterly along said curve, 6th: 59.87 feet through a central angle of 12° 53'47". a radial at said point bears South 00 MY 13" West to the True Point of Beginning Containing 0.072 Acres 4�OFSIM10Nq� p W U. Np, t9i85 d OF ���Q 000041 6 EXHIBIT "B" PARK CREST LANE ROADWAY VACATION —Q — - LOS ANGELES AVE EAS' 102.0 3 as o 0 N.A.P. o «o 0 a z I EAST 6.8 SCALE 1" = 100' 0 50' 100' GRAPHIC SCALE VACATION OF ROADWAY DEDICATION BY THE CITY OF MOORPARK 0-072 r4cR�> raQ kqi k fvu PREPARED BY: C sr NIL Kl� F RED W. HAMMAR _,.. P.O. BOX 162 SOMIS, CA 93066 (805)491 -0294 a� Ln I°'• A PARCEL MAP 5316 L T PARCEL A i N 60 PM 87 z fN m tD � Y o r7~ a •° o z ^�/ N00'03'00 "W ��� 25.66' i 34.97' R.C.E. 13765 EXP. 03 -31 -07 DATE S77-06'001, �l1.3Z,,. E 'rn 1W V1 V 3 0 0 M O a *� Z . �Q i !� P.O. B. `JJ i•L.JJ I Wr .V-T _CE - (D I PARK CREST LANE CURVE DATA O A R L T 1 12'53'47" 266.00' 59.87' 30.06' 2 65'23'51" 37.00' 42.23' 23.75' 3 89'57'00" 35.00' 54.95' 34.97' SHEET 1 OF 1 SHEETS