HomeMy WebLinkAboutAGENDA REPORT 1996 1106 CC SPC ITEM 04AAGENDA REPORT
C Z TY OF MOORPARK
TO: The Honorable City Council 1-4
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: November 4, 1996 (Council Meeting 11 -6 -96)
SUBJECT: Hearing Relative to Resolution of Necessity for
Acquisition of Certain Property Known as Parcels 3, 5A and
5B, Said Parcels Being Easements Across Certain Property
Owned by the Southern California Edison Company (SCE)
Identified as Assessor's Parcel Nos. 506 -0- 010 -045 & 506-
0- 010 -615, Within the City of Moorpark
This presents at a hearing, a Resolution of Necessity to initiate
eminent domain proceedings for the acquisition of certain easements
across certain SCE property located on the south side of the Arroyo
Simi (AP Nos. 506 -0 -010 -045 & 506 -0- 010 -615), which are required
for the construction and use of a Pedestrian / Equestrian / Bicycle
/ Emergency Access Bridge across the Arroyo Simi in the vicinity of
Liberty Bell Road.
The City has caused plans and specifications to be prepared for the
construction of the above mentioned bridge. The City has also
worked to acquire certain easements across a number of properties,
which are required for the construction and use of said bridge.
All of the necessary easements have been acquired, except the
subject easements across certain property owned by the Southern
California Edison Company (SCE).
A. Facts
1. The City made an offer on October 10, 1996, to SCE to
purchase certain easements, known as Parcels 3, 5A and 5B,
across certain SCE property, identified as Assessor's Parcel
Nos. 506 -0 -010 -045 and 506 -0 -010 -615, located within the City
of Moorpark, California, pursuant to the Section 7267.2 of
pedbrq.or3
SCE Acquisition
November 1996
Page 2
the California Government Code. The offer of $7,700.00 to
SCE represents the full amount determined to be just
compensation for the property and improvements. A copy of
the letter of offer is attached as Exhibit 1.
2. The current use of the above described SCE property is for
the transmission of electricity. No power poles are situated
within Parcels 3, 5A or 5B; overhead transmission and /or
distribution wires do cross all three of these parcels.
3. The City's offer was rejected by SCE. A copy of the SCE
rejection letter, dated October 15, 1996, is attached as
Exhibit 2. Said rejection letter was received by the City
via fax transmittal on October 17, 1996, and by mail on
October 18, 1996.
4. On October 22, 1996, the City Council directed that a Notice
be mailed to SCE of the City's intent to hold a condemnation
hearing on November 7, 1996, regarding the proposed
acquisition of the above described easements, within the City
of Moorpark, California.
5. Pursuant to said action, on October 23, 1996, the City mailed
said notice to SCE advising them of the hearing scheduled for
November 7, 1996. A copy of that NOTICE OF INTENTION is
attached as Exhibit 3.
6. On October 17, 1996, the City received a letter from SCE
dated October 15, 1996, again rejecting the City's offer and
requesting that the City proceed with the steps required to
initiate condemnation proceedings. A copy of that letter is
attached as Exhibit 4.
7. On November 4, 1996, the City received a letter from SCE
dated November 1, 1996, (also attached as a part of Exhibit
4) waiving the fifteen (15) day period between the date of
the notice and the date of the hearing. That letter also
acknowledged the City's intent to schedule the hearing on
November 6, 1996, at 6:45 p.m.
pedbrq.cf3
SCE Acquisition
November 1996
Page 3
B. Analysis
As to the findings of the proposed Resolution of Necessity, the
City staff have the following comments:
1. PUBLIC INTEREST AND NECESSITY: The present access to
Arroyo Vista Community Park is limited to only one point
of access via a park access road extending westerly from
the park to Tierra Rejada Road. There is no other means
for the public to gain access to the park or for emergency
vehicles to travel to or from the park. Accordingly, the
City has determined the public use of the park, as well as
the safety of the public while in the park, would be
improved significantly if a pedestrian, equestrian,
bicycle, emergency vehicle access bridge were to be
constructed across the Arroyo Simi to provide such access
between the park and the area north of the arroyo. Said
bridge would improve public and emergency access to the
park. It would also provide another safe route to school
between the residences south of the arroyo and a Middle
School located north of the arroyo, and residents north of
the arroyo and a High School located south of the arroyo.
2. PUBLIC GOOD VERSUS PRIVATE INJURY: The above described
bridge is planned to be located near the south end of
Liberty Bell Road, a public street, in order to provide
the most optimal access to the bridge from the areas north
of the arroyo. This location enables the City to provide
to the public the benefits to be derived from the bridge
at the least cost to private property owners, by limiting,
to the farthest degree possible, the size and number of
access easements required for the construction and use of
the bridge.
3. EASEMENTS ALREADY ACQUIRED: The City has already acquired
from others, easements across the arroyo and across
property located north of the arroyo, which are required
for the construction and use of the bridge.
4. NATURE OF EASEMENTS TO BE ACQUIRED FROM SCE: Parcel 3 is
required in order to provide the City with access and
related rights across SCE property between the bridge and
the park. Parcels 5A and 5B are required in order to
provide for the construction of a portion of a maintenance
pedbrp.of3
SCE Acquisition
November 1996
Page 4
road along the south levy of the arroyo, which is
compatible with both the present conditions as well as
planned future improvements to the arroyo by the Ventura
County Flood Control District (VCFCD).
Staff recommends that, subsequent to the acceptance of comments
received at the hearing and a review of all relevant facts, the
City Council adopt the Resolution of Necessity (Exhibit 5) to
initiate eminent domain proceedings to acquire easements over,
under and across certain SCE property identified as AP Nos. 506 -0-
010 -045 and 506 -0- 010 -615, said easements being Parcels 3, 5A and
5B, as described in Exhibit 'A' of said resolution.
pedbrg.oi3
f l.. b.! 1
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
October 10, 1996
Southern California Edison Company
Att: Paula Ames, Real Properties Agent
P.O.Box 4757
Ventura, CA 93007
Re: Written Offer to Acquire Certain Easements
(Parcels 3, 5A and 5B) Across Certain
SCE Property (AP Nos. 506 -0- 010 -045 and
506 -0- 010 -615)
Dear Mr. inter,
This letter will serve as the City's written offer to acquire the
subject easements (a legal description and diagram of same
enclosed) across the subject SCE property (Assessor's map also
enclosed). The amount of the City's offer is $7,700. This amount
represents the full amount the City Council has determined to be
just compensation for the subject easements, based on an appraisal
of the fair market value of said easements. A copy of the
Appraisal Summary is also enclosed.
This offer is conditioned upon execution of Easement Deeds
conveying these easements to the City of Moorpark and the Ventura
County Flood Control District (VCFCD). The originals of those
documents will be provided to you upon receipt of your acceptance
letter.
It is requested that you provide the undersigned with a written
response to this offer by 5:00 p.m., Monday, October 21, 1996.
Please call if you should have any questions.
Yours truly,
'mow
S even Kueny
City Manager
Enclosures:
1. Appraisal Summary
2. Legal Description (w /diagram) of Easements
cc: The Honorable City Council
Cheryl Kane, City Attorney
Kenneth Gilbert, Director of Public Works
rHUu w.' ' . 4PN JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ
ayor Mayor Pro Tem Councilmember Councilmember Councilmember
EXHIBIT "A"
(PARCEL 3)
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE H7 OFMMAPS DESCR BED IDNLTHE
DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960
IN BOOK 1933,'PAGE 408 AND NOVEMBER 24,
9
BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE ICOUNTY RECORDERGOFISAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY
BELL ROAD (40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS
SAID INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK
112, PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET, A RADIAL TO SAID POINT
OF BEGINNING BEARS NORTH 17'48'19" EAST, (SHOWN ON SAID MAP AS HAVING A
BEARING OF NORTH 17'24'52" EAST);
- THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF :3'51'47" A
LENGTH OF 148.33 FEET;
- THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68019'54" EAST, 22.64 FEET;
- THENCE LEAVING SAID NORTHERLY LINE SOUTH 16'42'57" WEST, 91.91 FEET;
- THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 IN BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING
1ST: SOUTH 21'50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03045'13" EASE, 12.02 FEET; THENCE
3RD: SOUTH 27'56'38" EAST, 72:75 FEET TO THE EASTERLY LINE OF A 60.00
FEET WIDE EASEMENT FOR ROAD PURPOSES RESERVED AND DESCRIBED AS
STRIP 2 IN THE SECOND MENTIONED DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY RECORDED NOVEMBER 24, 1964; THENCE ALONG SAID
EASTERLY LINE
4TH: SOUTH 00'26'22' WEST, 163.79 FEET TO THE SOUTHERLY LINE OF THE
LAND DESCRIBED AS PARCEL 1 IN LAST MENTIONED DEED TO SOUTHERN
CALIFORNIA EDISON COMPANY; THENCE ALONG SAID SOUTHERLY LINE
5TH: NORTH 82'20'06" WEST, 60.48 FEET TO THE WESTERLY LINE OF SAID
60.00 FEET WIDE EASEMENT DESCRIBED AS STRIP 2; THENCE ALONG SAID
WESTERLY LINE
6TH: NORTH 00'26'22" EAST, 252.81 FEET; THENCE LEAVING SAID WESTERLY
LINE
NIEx
(PARCEL 3 - CONT'D)
7TH: SOUTH 71'40'35" EAST, 35.43 FEET; THENCE
8TH: NORTH 46'09'14" EAST,__14..18 FEET TO THE INTERSECTION OF THE
SOUTHERLY LINE OF SAID STRIP OF LAND 50.00 FEET WIDE HEREABOVE
.DESCRIBED IN THE 1ST COURSE WITH A LINE PARALLEL WITH AND DISTANT
WESTERLY 52.46 FEET MEASURED AT RIGHT ANGLES FROM SAID'IST
COURSE; THENCE ALONG SAID PARALLEL LINE
9TH: NORTH 21'50_'26" EAST, 50.00 FEET TO THE SOUTHERLY LINE OF SAID.
160.00 FEET WIDE VENTURA COUNTY FLOOD CONTROL EASEMENT HEREABOVE
DESCRIBED; THENCE ALONG SAID SOUTHERLY LINE
10TH: SOUTH 68'10'38" EAST, 52.46 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL 3 CONTAINS 19,401 SQ. FT. (0.4454 ACRES).
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R.C.E. 18481
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EXHIBIT "A"
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF RANCHO SIMI IN VENTURA AND LOS
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE 7 OF MAPS DESCRIBED IN THE
DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960
IN BOOK 1933, PAGE 408 AND NOVEMBER 24, 1964 IN BOOK 2677, PAGE 169
BOTH'OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
(PARCEL "5A ")
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY BELL ROAD
(40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS SAID
INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK 112,
PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET, A RADIAL TO SAID POINT
OF BEGINNING BEARS NORTH 17'48'19" EAST, (SHOWN ON SAID MAP AS HAVING A
BEARING OF NORTH 17'24'52" EAST);
— THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF-.3'51'47" A
LENGTH OF 148.33 FEET;
— THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68'19'54" EAST, 22.64 FEET;
— THENCE LEAVING SAID NORTHERLY LINE SOUTH 16'42'57" WEST, 91.91 FEET;
— THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 IN BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING AND A POINT HEREAFTER REFERRED TO AS POINT "X";
THENCE CONTINUING
1ST: SOUTH 21 °50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03'45'13" EAST, 12.02 FEET; THENCE
3RD: NORTH 89'28'52" EAST, 102.44 FEET; THENCE AT RIGHT ANGLES TO THE
SOUTHERLY LINE OF SAID 160.00 FEET WIDE EASEMENT
4TH: NORTH 21'49'22" EAST, 21.91 FEET TO SAID SOUTHERLY LINE; THENCE
ALONG SAID SOUTHERLY LINE
5TH: NORTH 68 °10'3c" WEST, 99.92 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBE:: PARCEL "5A" CONTAINS 4,208 SQ.FT. (0.0966 ACRES)
(PARCEL "5B ")
BEGINNING AT POINT "X" AS DESCRIBED ABOVE IN PARCEL "5A "; THENCE ALONG
SAID SOUTHERLY LINE OF SAID 160.00 FEET WIDE EASEMENT, NORTH 68010'38"
WEST, 52.46 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND
DISTANT WESTERLY 52.46 FEET FROM THE 1ST COURSE DESCRIBED ABOVE IN
PARCEL "5A" AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL
LINE
1ST: SOUTH 21050'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF SAID
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 75'50'23" WEST, 21.99 FEET; THENCE
3RD: NORTH 71'40'35" WEST, 35.43 FEET TO THE WESTERLY LINE OF THE 60.00
FEET WIDE EASEMENT FOR ROAD PURPOSES RESERVED AND DESCRIBED AS
STRIP 2 IN SAID SECOND MENTIONED DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY RECORDED NOVEMBER 24, 1964; THENCE
4TH: NORTH 61 45'09" WEST, 26.12 FEET; THENCE
5TH: NORTH 50 °12'05" WEST, 201.42 FEET TO THE SOUTHERLY LINE OF SAID
160.00 FEET WIDE EASEMENT; THENCE ALONG SAID SOUTHERLY LINE
6TH: SOUTH 68 °10'38" EAST,, 258.77 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL "5B" CONTAINS 10,200 SQ.FT. (0.2342 ACRES).
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R.C.E. 18481
EXPIRES: 6 -30 -97
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SCALE: 1" = 60'
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MM: AsEMR WitiMu>KXM«4 THO
00 CE
MES&WLY CONgnTUTt LEGAL LOTS.
O4Edt WTH Coulm KXFV VORS oF"m on
RANPwm orvts m TO vEbrr
x
Ifo
SUMMARY OF DATA AND CONCLUS IONS
�i
Location
South of Ventura Flood Control R/W at approximate prolongation
of Liberty Bell Road in the City of Moorpark, California.
Property Zoning
OS (Open Space)
Land Area
Parcel 3 - 19,401 SF; Parcel 5A - 4,208 SF; Parcel 5B - 10,200 SF
Principal
Improvements .
None - vacant land
Thomas Bros.
Reference Number
496 D2
Highest And
Best Use
Current Use
Sales History
Not Available
Value Date
July 29, 1996
Estates
Parcel 3 - permanent easement; P e t, Parcel SA - permanent easement;
Parcel 5B - permanent easement.
Concluded Values
Parcel Parcel 5A Parcel SB
$4,400 $1,000 $2,300
(Based upon the estimated Fair Market Rental capitalized at 10 %)
1r] SOUIHMN CALIFORNIA
EDISON
\n /0ISOA 1.A71 RV-1710V'.1! Cunipam
0 C T 18 1996
CxM:1�:1 2
City of Moorpark �'�`1'' F' October 15, 1996
Attn: Ken Gilbert
799 Moorpark Avenue
Moorpark, CA 93021
SUBJECT: Appraisal Value
Edison Property adjacent the Arroyo Simi Flood Control
Dear Ken;
Edison's Appraisal Department has reviewed your correspondence dated
October 10, 1996 and the appraisal dated July 29, 1996. The following is
the result of that review:
1) Edison cannot evaluate the appraisal submitted for the subject property
without also reviewing the proper easement documents explaining the
rights the City is requesting. These documents were not included in the
package. Because an accurate value could not have been determined
without these said easement documents, we are assuming the City has
them in their possession. Edison must know exactly what rights the City
are requesting.
2) There are other questions about evaluating the land at raw land value as
opposed to with other uses that are currently allowed under the OS
zoning, that would bring in considerable revenue for Edison.
3) The final plans which were received on Thursday, October 10, 1996 are
also being reviewed and evaluated as to their effect on the access from
one half of our parcel to the other, for Operating purposes, as well as,
Licensing purposes.
Because of these missing documents and due to the unanswered question
of value, liability, severance and access, the Edison Company must reject
this offer.
Edison urges you to go ahead with the "friendly" condemnation
proceedings explained to you during the Special Meeting of October 9,
1996, to expedite the construction of the bridge. Edison's Law Department
100601ciciflraph Rd,
Vcntura, CGS c)-)004-17o5
P. O. Roy 4757
\"cnlura. C' %A 93007 -47->7
803 -0 54 -7144
kiv 803- o54 -7273
City of Moorpark
Page 2
feels the friendly condemnation proceeding will allow you the possession of
the property within 6 - 10 days. If you would like the City Attorney to speak
with Edison's Condemnation Attorney, Doug Ditonto, please feel free to call
him at (818) 302.1914.
Thank you very much.
0
SinckreIy,
PAULA A. AMES, CCIM
Licensing Specialist
cc: R. Gonzales
B. Perez
S. Kueny
D. Ditonto
A. Knudsen
MOORPARK
l o� 4
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
October 23, 1996
Southern California Edison Company
P.O.Box 800
Rosemead, CA 91770
Re: NOTICE OF INTENTION OF THE CITY
RESOLUTION OF NECESSITY FOR THE
EASEMENTS (Parcels 3,, 5A and 5B)
OWNED BY THE SOUTHERN CALIFORNIA ED
ON THE SOUTH SIDE OF THE ARROYO
ASSESSOR PARCEL NOS. 506 -0 -010 -045
Dear Sirs:
1st Class Mail
OF MOORPARK TO ADOPT A
ACQUISITION OF CERTAIN
ACROSS CERTAIN PROPERTY
[SON COMPANY ( SCE) .LOCATED
SIMI AND IDENTIFIED AS
AND 506 -0- 010 -615
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedures
Section 1230.01.0 et_- _.sect. that the City Council of the City of
Moorpark intends to consider the adoption of a Resolution of
Necessity for acquisition by eminent domain of certain easements
across certain property described on Exhibit "A" attached hereto
and incorporated herein by reference, for public access and utility
purposes and all uses appurtenant thereto. The hearing on the
Resolution will be held on November 7, 1996, at 7:00 p.m., or as
soon thereafter as the City Council can hear said matter, at the
Council Chambers, located at 799 Moorpark Avenue, Moorpark,
California.
YOU ARE FURTHER NOTIFIED that you have the right to appear and be
heard on the issues to be considered at the hearing. The precise,
and only issues which will be considered, are as follows:
1. Whether or not the public interest and necessity require the
proposed project;
2. Whether or not the proposed project is planned or located in the
manner that will be most compatible with the greater public good
and the least private injury;
3. Whether or not the easements sought to be acquired are necessary
for the proposed project; and,
4. Whether or not the offer required by Government Code Section
7267.2 has been made to the owner or owners of record.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ
Mayor M=iyor Pro Ten-, Councilmember Councilmember
Councilmember
Notice of Intent
Page 2
If you wish to be heard at this hearing you MUST FILE A WRITTEN
REQUEST indicating your intent to appear and be heard within
fifteen days of the mailing of this notice by filing or delivering
that written. notice to the City Clerk, 799 Moorpark Avenue,
Moorpark, California 93021, telephone (805) 529 -6864, ext. 213, no
later than 5:00 p.m. on November 7, 1996.
You may use the enclosure for the purpose of notifying the City of
your intent and desire to be heard. Your failure to timely file a
written request to appear and be heard may result in a waiver of
your right to be heard
For further information, contact the
Moorpark City Hall.
Yours truly,
C \ � / cam/
Lillian Hare
City Clerk
City of Moorpark
City Clerk's Office at
Enclosures:
Legal Description (w /diagram) of Easements
cc: The.Honorable City Council
Steven Kueny, City Manager
Cheryl Kane, City Attorney
Kenneth Gilbert, Director of Public Works
Paula Ames, SCE
k 3 3 -� 11)
Name:
Address:
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF CERTAIN
EASEMENTS (Parcels 3, 5A and 5B)
ACROSS CERTAIN PROPERTY OWNED BY
THE SOUTHERN CALIFORNIA EDISON COMPANY (SCE)
LOCATED ON THE SOUTH SIDE OF THE ARROYO SIMI
AND IDENTIFIED AS ASSESSOR PARCEL
NOS. 506 -0- 010 -045 AND 506 -0- 010 -615
Tel. No.:
Date:
Signature
RANCHO SIMI
PORTION TRACT M
",,-5 E Col 1354/430 _ ,
Tax Rote Area
10007
10014
x'28
506 -01
507
Mart: ASSEMR PARCELS SHOW" ON TM NROt
00 Wr 1ECIMARQr CMOrTVrf LE" R,Ort
CHECK WITH CoUMTV 7URVEVCWI or"CE OR
PLAWW4 Dr#MOM To VERNr
400'
1�
X
EXHIBIT "A"
(PARCEL 3)
3 0
Page 1 of 2
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN- THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF RANCHO SIMI IN VENTURA AND LOS
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY 7REC0 RECORDED NOVEMBERD36, 1960
IN BOOK 1933,'PAGE 408 AND NOVEMBER 24,
9
BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE ICOUNTY RECORDERGOFISAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY
BELL ROAD (40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS
SAID INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK
112, PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET, A RADIAL TO SAID POINT
OF BEGII-7iiING BEARS NORTH 17'48'19" EAST, (SHOWN ON SAID MAP AS HAVING A
BEARING OF NORTH 17'24'52" EAST);
- THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF�3'51'47" A
LENGTH OF 148.33 FEET;
- THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68'19'54" EAST, 22.64 FEET;
- THENCE LEAVING SAID NORTHERLY LINE SOUTH 16 042'57" WEST, 91.91 FEET;
- THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE 'SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 IN BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING
1ST: SOUTH 21'50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03'45'13" EASE, 12.02 FEET; THENCE
3RD: SOUTH 27'56'38" EAST, 72:75 FEET TO THE EASTERLY LINE OF A 60.00
FEET WIDE EASEMENT FOR ROAD PURPOSES RESERVED AND DESCRIBED AS
STRIP 2 IN THE SECOND MENTIONED DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY RECORDED NOVEMBER 24, 1964; THENCE ALONG SAID
EASTERLY LINE
4TH: SOUTH 00'26'22' WEST, 163.79 FEET TO THE SOUTHERLY LINE OF THE
LAND DESCRIBED AS PARCEL 1 IN LAST MENTIONED DEED TO SOUTHERN
CALIFORNIA EDISON COMPANY; THENCE ALONG SAID SOUTH ET, LINE
5TH: NOi,.'�H 82'20'06" WEST, 60.48 FEET TO THE WESTERLY LIFT: OF SAID
60.00 FEET WIDE EASEMENT DESCRIBED AS STRIP 2; THENCE ALONG SAID
WESTERLY LINE
6TH: NORTH 00 °26'22" EAST, 252.81 FEET; THENCE LEAVING SAID WESTERLY
L I t, '�.
n
(PARCEL 3,- CONT'D)
7TH: SOUTH 71'40`35" EAST, 35.43 FEET; THENCE
} ( 6 J tt
EXHIBIT A
Page 2 of::2
8TH: NORTH 46'09'14" EAST,,__.14.18 FEET TO THE INTERSECTION'OF THE
SOUTHERLY LINE OF SAID STRIP OF LAND 50.00 FEET WIDE HEREABOVE
DESCRIBED IN THE 1ST COURSE WITH A LINE PARALLEL WITH AND DISTANT
WESTERLY 52.46 FEET MEASURED AT RIGHT ANGLES FROM SAID IST.
COURSE; THENCE ALONG SAID PARALLEL LINE
9TH: NORTH 21'50'26" EAST, 50.00 FEET TO THE SOUTHERLY LINE OF SAID.
160.00 FEET WIDE VENTURA COUNTY FLOOD-CONTROL EASEMENT HEREABOVE
DESCRIBED; THENCE ALONG SAID SOUTHERLY LINE
10TH: SOUTH 68010'38" EAST,, 52.46 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL 3 CONTAINS 19,401 SQ. FT. (0.4454 ACRES).
JOHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
6A 30 0 60 120
SCALE: 1" = 60'
ISKAN— LIBERTY
DEVELOPMENT
A CALIFORNIA N1i48'19 "E F
GENERAL PARTNERSHIP TRACT2 4547)
NeSS6,
22'
N 663£
x262
N68,1
l EXHIBIT B
LIBERTY BELL 'V SHEVETI "oF 2 SHEETS
ROAD o'`
°�"2'
Ra
34,;P-
P,
2
� 1¢0p. kD io O,e 83
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3
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933 �V 0�� C /FOR
408 Ny
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26.12'
S EDISON, CALIFO
PRCL 4 ON COMPANY
2677 O'
169
t�
PRCLED/SONNC AL' ORNIA
1 _ 2677 O,RY 169
PROPOSED RIGHT —OF —WAY
PEDESTRIAN OVERCROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
SEE
N85'56'22" E
66.31'
I.6_
pgRO�<
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s
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9
V6 , 9,992,
"E 102.44 -
N2 49'22"E
21.91'
PARCEL 3
SEE SHEET 2
N .':: ':':: ' 60, WIDE
...:':.:: ...'.'..'.'.'..'..'. - ROgD
o : '�` RESERVED AS EASEMENT
z ......'.....'....' :' :'::'::': 2677 O.R.
16gsrR1P 2
...'.'.' :.'. ".'.'.'. N
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VCE, INC
397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010
(805)388 -6460
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PARCEL 3
SEE SHEET 2
N .':: ':':: ' 60, WIDE
...:':.:: ...'.'..'.'.'..'..'. - ROgD
o : '�` RESERVED AS EASEMENT
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397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010
(805)388 -6460
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4 _2677 OAR 169
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2677 O.RY 169
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EXHIBIT B
SEE SHEET 1 OF 2
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N ':: : -: RES
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z : 3: rn 9
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PARCEL 3
19,401 SQ.FT.
0.4454 ACRES
60.48.::.:
N82'20'06" W
60 30 0 60 120
SCALE: 1" = 60'
PROPOSED RIGHT—OF—WAY
PEDESTRIAN OVERCROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
i
i
JOHN R. DICKERSON
R.C.E. 18481 �yOFESS /O�
EXPIRES: 6 -30 -97 pIC1 9�
F�oF
y
NO. 18481
XP. 6 -30-97
\T9T, CIV��
VCE, INC
397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010
(805)388 -6460
wei
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Page 1 of 2
EXHIBIT "A"
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF RANCHO SIMI IN VENTURA AND LOS
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE 7 OF MAPS DESCRIBED IN THE
DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960
IN BOOK 1933, PAGE 408 AND NOVEMBER 24, 1964 IN BOOK 2677, PAGE 169
BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
(PARCEL "5A ")
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY BELL ROAD
(40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS SAID
INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK 112,
PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET, A RADIAL TO SAID POINT
OF BEGINNING BEARS NORTH 17'48'19" EAST, (SHOWN ON SAID MAP AS HAVING A
BEARING OF NORTH 17024'52" EAST);
-THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF..3'51'47" A
LENGTH OF 148.33 FEET;
-THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68'19'54" EAST, 22.64 FEET;
- THENCE LEAVING SAID NORTHERLY LINE SOUTH 16'42'57" WEST, 91.91 FEET;
-THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 ICY BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING AND A POINT HEREAFTER REFERRED TO AS POINT
THENCE CONTINUING
1ST: SOUTH 21'50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03'45'13" EAST, 12.02 FEET; THENCE
3RD: NORTH 89'28'52" EAST, 102.44 FEET; THENCE AT RIGHT ANGLES TO THE
SOUTHERLY LINE OF SAID 160.00 FEET WIDE EASEMENT
4TH: NORTH 21'49'22" EAST, 21.91 FEET TO SAID SOUTHERLY LINE; THENCE
ALONG SAID SOUTHERLY LINE
5TH: NORTH 68'10'38" WEST, 99.92 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL "5A" CONTAINS 4,208 SQ.FT. (0.0966 ACRES)
(lo
EXHIBIT A
Page 2 of 2
(PARC --- 115B")
BEGIT��,tiG AT POINT "X" AS DESCRIBED ABOVE IN
SAID E-- THERLY LINE OF
PARCEL "5A"• THENC
-WEST,
_2.46 FEET TO
SAID 160.00 FEET WIDE
THE INTERSECTION
EASEMENT,, NORTH 68E10LONG 38
DIST_ :'�
PARCH:'
WESTERLY 52.46
WITH A LINE PARALLEL WITH AND
FEET FROM THE 1ST COURSE
LINE
SA" AND THE
TRUE POINT OF BEGINNING:
DESCRIBED ABOVE I N
THENCE ALONG
SAID P
PARALLEL
1ST: Z
�
TH 21'50'26"
00- FEET WIDE
WEST, 50.00 FEET TO THE
EASEMENT
SOUTHERLY LINE OF SAID
DESCRIBED IN THE FIRST MENTIONED DEED TO
=�HERN CALIFORNIA EDISON COMPANY RECORD
-
`iCE
NOVEMBER 30, 1960;
2ND:
`'H 75 °50'23"
REST, 21.99 FEET; THEt�C;°
3RD:
- -4H 71'40'35'
_ WIDE EASEMENT
r, "EST, 35.43 FEET TO ' t r
FOR ROAD
° <-
ERLY DINE OF THE 60.00
2 IP, SAID
PURPOSES ^
`,a�COND MENTIONED DEE "HERN
`D AND ?DESCRIBED AS
D?'+ COMPANY R'c'ORDED NOVEMBER 24,
CALIFORNIA
�TH:
61 "45'09 "'
!'`��,T, 26.12 FEET;
STH:
i
50 °12' 05"
�,�
WEST, 201.42 FEET TO HE
)0 FEET WIDE
EASEMENT;
; THENCE ALC-7
.- _'J`'HERLY LINE OF
- SAID
"`
SOUTHERLY LINE
258.77 FEET TO _ -;
POINT OF BEGINNING.
THE A= DESCRIBED PARCEL "5B" CONTAINS , -
- :. FT. (0.2342 ACRES) .
JOHN
2. C.E.
EXPIRZ,.
:KERSON
31
- -30 -97
60 30 O 60 120
SCALE: 1" = 60'
ISKAN - LIBERTY
DEVELOPMENT
A CALIFORNIA N1 '48'19 "E F
GENERAL PARTNERSHIP (N172 4547)
M8SS62
,
66
110. 262
2"
12 24e�
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EXHIBIT B
LIBERTY BELL I� ,
ROAD
N85'56'22" E
6 -- -6_
�. 66,
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JOHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
,\
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r�
*1 N0. 18481 f
EXP. f3o-97
W
PROPOSED RIGHT- OF -WAy
PEDESTRIAN OVERGROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
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0.0966 ACRE;
ETA„
99
........................
- N89'28'S2" E 102.44'
N21 49'22"E
21.91 \
SOUTHERN
E0/ /SON 0 C �� RNIA
19,33 O.R. 408 -
sour
- _ HORN CALIF
- - �PgRCEL 4 ORNIA EDISON COMP
- PARCEL 1 _ - 2667 O R ANY
60' VdIDE ROAD 2667 16169
RESERVED EASEME °•R. g
v 2677 O.R 169STRIP 2 NT o
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397 MOBIL AVENUE, SUITE 5 M
CAMARILLO, CA. 93010
(805)388 -6460
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JOHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
,\
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r�
*1 N0. 18481 f
EXP. f3o-97
W
PROPOSED RIGHT- OF -WAy
PEDESTRIAN OVERGROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
c-a z
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6
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ry.
N
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22 649
6)&, "46.W
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X"
ry PARCEL 5
4,208 SQ.FT.
0.0966 ACRE;
ETA„
99
........................
- N89'28'S2" E 102.44'
N21 49'22"E
21.91 \
SOUTHERN
E0/ /SON 0 C �� RNIA
19,33 O.R. 408 -
sour
- _ HORN CALIF
- - �PgRCEL 4 ORNIA EDISON COMP
- PARCEL 1 _ - 2667 O R ANY
60' VdIDE ROAD 2667 16169
RESERVED EASEME °•R. g
v 2677 O.R 169STRIP 2 NT o
N <
N >
VCE, INC
397 MOBIL AVENUE, SUITE 5 M
CAMARILLO, CA. 93010
(805)388 -6460
U
10/25/96 16:03 $805 654 7275 SCE NBNTURA
.J SOUTHERN CALIWRNIa
EDISON
,%n jinisON INTF.RNATIUNAI, Cumpady
Ken Gilbert
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
SUBJECT: Arroyo Vista Pedestrian Bridge and
Edison Easements
Dear Ken-,
( x 4
( 1 ,3113)
October 26, 1996
Thank you for the Construction Plans shown as "Arroyo Simi F E destrian
Bridge Overcrossing @ Liberty Bell Road ", dated August 21, 1995,
received by Edison representatives on October 10, 1996.
Edison was pleased to see that the City has started the conclE mnation
proceedings so immediate possession could be sought.
There is some vital information that is not shown on these F:l3ns that
Edison will require to complete the approval process. This procr!,,.s allows
Edison to meet Operational and Safety Regulations required for
construction within fee owned and easement property.
The following information is required:
1) Edison requires all property lines and Edison facilities within th , project
area, be plotted as they currently exist. This includes all Distribut : n and
Transmission lines affected by the project. Also, this project will rE quire
the wet crossing and the access to the crossing north of the Arroy,) be
plotted.
2) All elevations must be shown on the plans. The elevations are critical
when reviewing G095 Safety regulations for required clearance. 1 his
includes the two (2) wood pole lines that run north to south and east to
west and the 66kV Transmission Line that runs diagonally.
3) On the north side of the arroyo, additional rights to the City m 3y be
required for any construction within our existing easements. Incliided
would be any construction within any Edison distribution easeme r.
10060 T!Iegraph Rd.
Vcnrura, CA 93004.1705
P. 0. Boa 4757
Ventura, CA 93007.4757
805.651 7214
Fax 805.614 -7275
( C
OCT 25 196 17:07
C'� 1, -�
805 654 7275 PAGE_Gf1
Z001
10/25/96 16:03 U805 654 7275 SCE VENTURA 2002
L' l Z,J3 1
4) The easements being requested by the City should also be plott. -.d on
these plans.
5) The pipeline on the "Irrigation Plan" dated May 17, 1996 appe;i's to be
outside of the easement being requested. Please verify.
I have enclosed a sample of the Construction Agreement which will De
required, for your convenience. These terms and conditions will ni !t:d to be
complied with during construction to again, ensure safety and oper,iting
regulations are met. An Agreement for your execution will be forw-I •ded to
you upon award of the property to the City.
Your immediate response to these requests would greatly expedite his
approval process. If you have any construction questions please f(A.1 free to
call Andy Anderson with Grid Operation & Maintenance at (805) 2! :,4.1542
or call me at (805) 654 -7248. Thank you.
Very incerely,
Paula A. Ames, CCIM
Licensing Specialist
cc: A. Knudsen
D. Ditonto
R. Gonzales
S. Kueny
OCT 25 '96 17: oe onal cc w
Southern California Edison Co.
P.O. Box 4757
Ventura, CA 93007
(805) 654 -7248
Fax: (805) 6547275
November 1, 1996
Kenneth C. Gilbert
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark CA 93021
Dear Mr. Gilbert:
Southern California Edison Company (SCE) is in receipt of your letter dated October 23, 1996, advising of a
hearing scheduled for 7:00 p.m. on November 7, 1996. The purpose of the hearing is to discuss the City's
adoption of a Resolution of Necessity to initiate Eminate Domain proceedings for the City to acquire certain
easements from (SCE) which the City requires for the construction and use of a Pedestrian Bridge across the
Arroyo Simi. This letter will serve to waive the fifteen (15) day period between the date of your notice and
the date of said hearing.
SCE r understands it is the intent of the City to schedule this hearing for 6:45 p.m. on November 6,
1996, agrees to said hearing date and time.
Sm* ;, Y,
Paula Ames
Real Properties Agent
cc: Steven Kueny, City Manager
Cheryl Kane, City Attorney
PWrcCG%147)ITIU11 /011%
RESOLUTION NO. 96 - 1247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND
y - MINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUIS%TILON OF CERTAIN
rr-IOEMENTS ACROSS CERTAIN PROPERTY LOCATED
SOUTH OF THE ARROYO SIMI KNOW: r;3 r9 VIVO. 506-
0- 010 -045 AND 506 -0 -010 -615, WITHIN THE CITY
OF MOORPARK, CALIFORNIA, FOR PUBLIC �TSE ( SCE;
WHEREAS, the City wishes to construct a Pedestrian / Equestrian
/ Bicycle / Emergency Access Bridge across the Arroyo Simi in the
vicinity of Liberty Bell Road; and,
WHEREAS, the City requires certain easements across certain
property owned by the Southern California Edison Company (SCE) in
order to proceed with the construction and use of said bridge; and,
WHEREAS, the City made an offer to SCE on October 10, 1996, to
purchase said easements for the full amount determined by the City
Council to be just compensation for said easements; and,
WHEREAS, said offer of $7,700.00 represents the full amount
determined to be just compensation for the property and
improvements; and,
WHEREAS, on October 15, 1996, SCE rejected the City's offer;
and;
WHEREAS, the City then notified SCE on October 23, 1996, of a
hearing, to be held fifteen (15) days from the date of said
notification, on November 7, 1996, at which time a Resolution of
Necessity to acquire the easements by eminent domain would be
considered; and,
WHEREAS, SCE has waived the fifteen (15) day notification period
and has acknowledge the City's intent to hold said hearing at 6:45
p.m. on November 6, 1996.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
Cr�? T '`�' "' "" -U ~ HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
.0 is r- I- D"aca, L.,,, Lam
SECTION 1. The real property that is the subject of this
resolution and is to be taken by the City of Moorpark consist of
three easements, approximate'-,,, �.776 in teal 3r°� id�ntifi °d w°
Parcels 3, 5A and 5B and located on property identified as AP Nos.
506 -0- 010 -045 and 506 -0- 010 -615, as more particularly described in
Resolution No. 96-
Page 2
Exhibit 'A' which is attached hereto and incorporated herein, and
as more particularly depicted on Exhibit 'B' which is also attached
hereto and incorporated herein.
SECTION 2. The public use for which the above described
property is to be taken is the construction and use of a Pedestrian
/ Equestrian / Bicycle / Emergency Access Bridge across the Arroyo
Simi in the vicinity of Liberty Bell Road to provide access to
Arroyo Vista Community Park from certain neighborhoods located on
the north side of the arroyo. The City of Moorpark is authorized
to acquire the above described property by eminent domain pursuant
to Section 19, Article 1 of the California Constitution, Section
37350.5 of the California Government Code and Sections 1240.010
through 1240.050 of the California Code of Civil Procedure.
SECTION 3. The City Council of the City of Moorpark finds and
determines as follows:
1. That the public interest and necessity require the
construction and use of a Pedestrian / Equestrian / Bicycle
/ Emergency Access Bridge across the Arroyo Simi in the
vicinity of Liberty Bell Road;
2. That the above described bridge is planned and located in the
manner that will be most compatible with the greatest public
good and the least private injury;
3. That the above described easements across the above described
property are necessary for the construction and use of the
above described bridge; and,
4. That the offer to purchase the above described easements
across the above described property has been made to the
owner of record of the property, as required by California
Government Code Section 7267.2 and said offer has not been
accepted by said owner.
SECTION 4. If any of the above described property has been
previously appropriated to some public use, the public use for
which it is taken under this proceeding is a compatible public use
or, in the alterative, a more necessary public use.
SECTION 5. The City Attorney and the firm of Burke, Williams
and Sorensen are hereby authorized and directed to prepare,
institute, and prosecute in the name of the City of Moorpark such
proceedings in the court having jurisdiction thereof as may be
necessary for the acquisition of the above described easements.
Resolution No. 96-
Page 3
SECTION 6. The City Clerk shall certify to the adoption of this
resolution by a vote of not less than two - thirds of all of the
members of the City Council.
SECTION 7. This resolution shall be effective immediately upon
its adoption.
PASSED AND ADOPTED this day of November, 1996.
Mayor, City of Moorpark, California
ATTESTED:
City Clerk
EXHIBIT "A"
(PARCEL 3)
Page 1 of _A,
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF RANCHO SIMI IN VENTURA AND LOS
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE 7 OF MAPS DESCRIBED IN THE
DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960
IN BOOK 1933, 'PAGE 408 AND NOVEMBER 24, 1964 IN BOOK 2677, PAGE 169
BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY
BELL ROAD (40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS
SAID INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK
112, PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET,
OF BEGINNING BEARS NORTH 17'48'19" EAST, (SHOWN ONR SAID LMAP ASIHAVIINGTA
BEARING OF NORTH 17'24'52" EAST);
- THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF 3051'47" A
LENGTH OF 148.33 FEET;
-THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68'19'54" EAST, 22.64 FEET;
- THENCE LEAVING SAID NORTHERLY LINE SOUTH 16042'57" WEST, 91.91 FEET;
- THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 IN BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING
1ST: SOUTH 21'50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03045'13" EASE, 12.02 FEET; THENCE
3RD: SOUTH 27'56'38" EAST, 72.75 FEET TO THE EASTERLY LINE OF A 60.00
FEET WIDE EASEMENT FOR ROAD PURPOSES RESERVED AND DESCRIBED AS
STRIP 2 IN THE SECOND MENTIONED DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY RECORDED NOVEMBER 24, 1964; THENCE ALONG SAID
EASTERLY LINE
4TH: SOUTH 00 °26'22' WEST, 163.79 FEET TO THE SOUTHERLY LINE OF THE
LAND DESCRIBED AS PARCEL 1 IN LAST MENTIONED DEED TO SOUTHERN
CALIFORNIA EDISON COMPANY; THENCE ALONG SAID SOUTHERLY LINE
5TH: NORTH 82'20'06"
60.00 FEET WIDE
WESTERLY LINE
WEST, 60.48 FEET TO THE WESTERLY LINE OF SAID
EASEMENT DESCRIBED AS STRIP 2; THENCE ALONG SAID
6TH: NORTH 00 °26'22" EAST, 252.81 FEET; THENCE LEAVING SAID WESTERLY
LINE
EXHIBIT A
Page 2 of 4„
(PARCEL 3 - CONT'D)
7TH: SOUTH 71'40'35" EAST, 35.43 FEET; THENCE
8TH: NORTH 46'09'14" EASTI,_14..18 FEET TO THE INTERSECTION OF THE
SOUTHERLY LINE OF SAID STRIP OF LAND 50.00 FEET WIDE HEREABOVE
DESCRIBED IN THE 1ST COURSE WITH A LINE PARALLEL WITH AND DISTANT
WESTERLY 52.46 FEET MEASURED AT RIGHT ANGLES FROM SAID 1ST
COURSE; THENCE ALONG SAID PARALLEL LINE
9TH: NORTH 21'50_'26" EAST, 50.00 FEET TO THE SOUTHERLY LINE OF SAID
160.00 FEET WIDE VENTURA COUNTY FLOOD CONTROL EASEMENT HEREABOVE
DESCRIBED; THENCE ALONG SAID SOUTHERLY LINE
10TH: SOUTH 68 °10'38" EAST, 52.46 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL 3 CONTAINS 19,401 SQ. FT. (0.4454 ACRES).
i
JOHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
Page A of -.+
EXHIBIT "A"
THOSE PORTIONS OF SUBDIVISIONS "L" AND "M" OF THE RANCHO SIMI IN THE
CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS SHOWN ON
THE MAP ENTITLED "MAP OF THE LANDS OF RANCHO SIMI IN VENTURA AND LOS
ANGELES COUNTIES" RECORDED IN BOOK 3, PAGE 7 OF MAPS DESCRIBED IN THE
DEEDS TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960
IN BOOK 1933, PAGE 408 AND NOVEMBER 24, 1964 IN BOOK 2677, PAGE 169
BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
(PARCEL "5A ")
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LIBERTY BELL ROAD
(40.00 FEET WIDE) WITH THE NORTHERLY LINE OF PARCEL "A" AS SAID
INTERSECTION IS SHOWN ON A MAP OF TRACT NO. 4147 RECORDED IN BOOK 112,
PAGE 7 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 2,200.00 FEET, A RADIAL TO SAID POINT
OF BEGINNING BEARS NORTH 17048'19" EAST, (SHOWN ON SAID MAP AS HAVING A
BEARING OF NORTH 17024'52" EAST);
- THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRAL ANGLE OF.3'51'47" A
LENGTH OF 148.33 FEET;
- THENCE CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL "A" AND TANGENT
TO SAID CURVE SOUTH 68'19154" EAST, 22.64 FEET;
- THENCE LEAVING SAID NORTHERLY LINE SOUTH 16'42'57" WEST, 91.91 FEET;
- THENCE SOUTH 21'50'26" WEST, 203.75 FEET TO A POINT IN THE SOUTHERLY
LINE OF THE 160.00 FEET WIDE EASEMENT DESCRIBED IN THE DEED TO VENTURA
COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 7, 1968 IN BOOK 3377,
PAGE 570 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING AND A POINT HEREAFTER REFERRED TO AS POINT "X ";
THENCE CONTINUING
1ST: SOUTH 21 °50'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF THE
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960;
THENCE
2ND: SOUTH 03'45'13" EAST, 12.02 FEET; THENCE
3RD: NORTH 89'28'52" EAST, 102.44 FEET;
THENCE
SOUTHERLY LINE OF SAID 160.00 FEET WIDE EASEMENT
ANGLES TO THE
4TH: NORTH 21'49'22" EAST, 21.91 FEET TO SAID SOUTHERLY LINE; THENCE
ALONG SAID SOUTHERLY LINE
5TH: NORTH 68 °10'38" WEST, 99.92 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL "5A" CONTAINS 4,208 SQ.FT. (0.0966 ACRES)
EXHIBIT A
Page 4, of
(PARCEL "5B ")
BEGINNING AT POINT "X" AS DESCRIBED ABOVE IN PARCEL "5A "•
SAID SOUTHERLY LINE OF SAID 160.00 FEET WIDE EASEMENT, NORTH 68'1 0'38"
WEST, 52.46 FEET TO THE INTERSECTION WITH A LINE PARALLEL THENCE ALONG
DISTANT WESTERLY 52.46 FEET FROM THE 1ST COURSE DESCRIBED ABOVEAIN
PARCEL "5A" AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID IN
LINE ID PARALLEL
1ST: SOUTH 21050'26" WEST, 50.00 FEET TO THE SOUTHERLY LINE OF SAID
50.00 FEET WIDE EASEMENT DESCRIBED IN THE FIRST MENTIONED DEED TO
SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 30, 1960•
THENCE
2ND: SOUTH 75'50'23" WEST, 21.99 FEET; THENCE
3RD: NORTH 71'40'35" WEST, 35.43 FEET TO THE WESTERLY LINE OF THE
FEET WIDE EASEMENT FOR ROAD PURPOSES RESERVED AND DESCRIBEDASO'00
STRIP 2 IN SAID SECOND MENTIONED DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY RECORDED NOVEMBER 24, 1964; THENCE
4TH: NORTH 61045'09" WEST, 26.12 FEET; THENCE
5TH: NORTH 50'12'05" WEST, 201.42 FEET TO THE SOUTHERLY LINE OF
SAID
160.00 FEET WIDE EASEMENT; THENCE ALONG SAID SOUTHERLY LINE
6TH: SOUTH 68'10'38" EAST,. 258.77 FEET TO THE TRUE POINT OF BE
THE ABOVE DESCRIBED PARCEL "5B" CONTAINS 10,200 SQ.FT. 0 GINNING.
( .2342 ACRES).
t`
JOHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
60 30 0 60 120
SCALE: 1" = 60'
ISKAN - LIBERTY
DEVELOPMENT N1'748'19 "E
A CALIFORNIA (N17*24'52"E
GENERAL PARTNERSHIP TRACT 4147)
Ness62
q-
No262re
Ns
EXHIBIT B (1)
LIBERTY BELL_ D/\ SHEET 1 OF 2 SHEETS
ROAD
,
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0
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15' 25'
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SOUTHERN CALIF
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2677 O.R. 169
SO U _ a RN CALIF�ORN� IA EDIS2PRCL 1 g OMPANY
O. R• 169
PROPOSED RIGHT —OF —WAY
PEDESTRIAN OVERCROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
SEE
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:::'::':' RESERVED AND EASEMENT
............... 2677 O.R. 6gS7RIP 2
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397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010
(805)388 -6460
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PARCEL 3
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CAMARILLO, CA. 93010
(805)388 -6460
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60 30 0 60 120
SCALE: 1" = 60,
PROPOSED RIGHT —OF —WAY
PEDESTRIAN OVERCROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
t
7
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JOHN R. DICKERSON
R.C.E. 18481 QFESS
EXPIRES: 6 -30 -97 � DI
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397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010 0
(805)388 -6460
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SCALE: 1" = 60'
RO�TM BELL�,�o'�
ISKAN — LIBERTY
DEVELOPMENT N1T48'19 "E in po. --14�000•
A CALIFORNIA 9 833,
GENERAL PARTNERSHIP TRACT 45 D
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0.0966 ACRES
T
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o........ •.:•.::::::::... ry .
.:::. •:.• ......:::::::::::::::::::::
........................
8928'52"E 102 .44'
N21'49'22"E rr
21.91'
SOL ?yERN CALIF
193 3 O R 0 40g Y RNIq.
EXHIBIT B 3}
2 2 s� 6 19
4c
2
JUHN R. DICKERSON
R.C.E. 18481
EXPIRES: 6 -30 -97
,\
NO. 18481
EXP. 6 -30 -97
V1
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PROPOSED RIGHT —OF —WAY
PEDESTRIAN OVERCROSSING
CITY OF MOORPARK
COUNTY OF VENTURA
STATE OF CALIFORNIA
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SOUTHER
PARC CALIFORNIA EDISO
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RESERVED AS D CEMENT 16g 3
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397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010 0
(805)388 -6460
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SOUTHER
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VCE, INC z
397 MOBIL AVENUE, SUITE 5
CAMARILLO, CA. 93010 0
(805)388 -6460
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