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HomeMy WebLinkAboutAGENDA REPORT 1998 0603 CC REG ITEM 10E la ITEM _ CITY OF MOORPARK.CALIFORNIA AGENDA REPORT City Council Meedog CCTV OF MOORPA: L 11 . 3 18 ACTION: Arrrou d 5iaFf TO: The Honorable City Council recommends+'o FROM: Kenneth C. Gilbert, Director of Publi.. BY: "1 ' v v - LLL DATE: May 26, 1998 (Council Meeting 6-3-98) SUBJECT: Consider Approval of a Street Right-of-Way Acquisition Agreement between the City and the Moorpark Presbyterian Church Pertaining to the Acquisition of Additional Street Right-of-Way on the South Side of Peach Hill Road East of Spring Road EXECUTIVE SUMMARY This report request approval of the subject agreement and authorization to proceed with the preparation of the final design for a project to widen Peach Hill Road east of Spring Road in order to provide for the addition of a westbound left-turn lane. BACKGROUND 1. The Conditions of Approval for RDP 89-3 [Presbyterian Church] which were recommended by staff, required a forty-six feet (46' ) wide street within a fifty-nine feet (59' ) wide right-of- way, for street improvements to be constructed on Peach Hill Road east of Spring Road. This cross section was requested in order to allow for the construction of a left turn lane, two travel lanes and two Bike Lanes [5'-12'-12'-12'-5' ] . 2. In July of 1990, in response to an appeal from the applicant, the City Council revised those Conditions to only require a forty feet (40' ) wide street within a fifty-three feet (53' ) wide right-of-way. That change eliminated the westbound left turn lane. 3 . On September 4, 1996, the City Council considered a report discussing the current and projected future traffic congestion problems at this intersection. On that date the City Council authorized the City Engineer to prepare an Intersection Capacity Study, with recommendations on how to provide for a left turn lane for westbound traffic in order to alleviate those problems. 4 . On December 4, 1996, the City Council reviewed and approved that Engineering Study, approved a Design alternate for the construction of improvements to add a westbound left turn lane and directed staff to proceed with efforts necessary to develop a design for those improvements. pch_spg6 000147 • Peach Hill Road East of Spring Road June 3 , 1998 Page 2 5. In January of 1997, a proposal was received from the City Engineer to develop a design for this project. That proposal was not selected. Instead, it was decided to seek competitive proposals for this design work. 6. In August of 1997, subsequent to receipt, review and evaluation of proposals from several civil engineering firms, the City Council selected Charles Abbott Associates to prepare the project design. 7. In November of 1997, the preliminary design for the street improvements was completed. Staff then opened negotiations with the property owner, the Moorpark Presbyterian Church, regarding the acquisition of the additional street right-of-way required for this project. Consistent with the direction of the City Council, Councilmember Perez has participated in those discussions. 8 . The terms and conditions of the proposed conveyance of the additional needed street right-of-way were discussed and developed over several months. In February of 1998, the final draft terms were compiled and presented to the property owner in the form of the subject Street Right-of-Way Acquisition Agreement. 9. In May of 1998, the subject Agreement was signed and presented to the City. DISCUSSION A. Project Description The purpose and intent of the subject project is to widen the south side of Peach Hill Road just east of Spring Road in order to allow for the re-striping of Peach Hill Road to provide the following: a) one twelve feet (12' ) wide eastbound thru lane; b) one twelve feet (12' ) wide westbound thru lane; c) one twelve feet (12' ) wide westbound left-turn lane; d) two five feet (5' ) wide Bike Lanes; and, e) two six and one-half feet (61' ) wide sidewalks. The curb-to-curb dimension will increase from forty feet (40' ) to forty-nine feet (49' ) . The width of the street right-of-way width will increase from fifty-three feet (53' ) to fifty-nine feet (59' ) . A storm drain catch basin in the widened area will be removed and reconstructed and the traffic signal poles at the southeast corner of the intersection will be relocated. pch_spgb 000148 Peach Hill Road East of Spring Road June 3 , 1998 Page 3 B. Design The City Engineer has completed the preliminary design for the subject project. Those efforts included the preparation of a legal description for the additional street right-of-way required for the project. The final design will be prepared upon acquisition of the needed street right-of-way. C. Terms of Acquisition As mentioned above, certain terms and conditions regarding the acquisition of the required additional street right-of-way, have been negotiated by and between the City and the Presbyterian Church. Said terms and conditions are set forth in the subject Street Right-of-Way Acquisition Agreement (Exhibit 1) . The most substantive elements of that Agreement are summarized as follows: 1 . the area of the subject street right-of-way shall be approximately 1 ,000 s.f. ; 2 . the Moorpark Presbyterian Church shall grant said street right-of-way, in fee, to the City at no cost; 3 . in consideration of said grant, City shall pay for all design, construction, inspection and other incidental costs associated with the construction of certain proposed modifications to the street improvements along a portion of the Peach Hill Road frontage of the church property; 4 . in lieu of constructing a retaining wall adjacent to the relocated sidewalk, the area adjacent to the relocated sidewalk shall be re-graded to increase the slope from approximately 5:1 to approximately 4:1; 5. the width of the re-graded slope area will be approximately eight feet (8' ) ; 6. the project will have no impact upon the existing monument sign or the future proposed new building; 7. trees . • any existing trees in the work area shall be protected in place and/or transplanted, if necessary; • any transplanted tree shall be maintained for a period of six (6) months; • any tree which does not survive the six month maintenance period shall be replaced with a 24" box tree of like species; psh spg6 000149 Peach Hill Road East of Spring Road June 3 , 1998 Page 4 8. ground cover . . . • all re-graded areas shall be re-planted with Myaporium ground cover; • said ground cover shall be planted, from flats, eight inches (8" ) on center; plus, • the planting of one hundred (100) each one gallon Myaporium plants to be planted at locations to be mutually determined by the City and the grantor. D. Project Cost Estimate A total project cost estimate was provided to the City Council in prior reports. That cost estimate is slightly updated and restated as follows: • Design $ 13 ,000 • Construction $ 85,000 • Contingency $ 9,000 • Amin. / Inspection $ 8 .000 $115,000 No further appropriations are required at this time. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Approve the subject Street Right-of-Way Acquisition Agreement and authorize the Mayor to execute said document. 2. Direct staff to seek and obtain a Grant Deed (Exhibit 2) for the subject property, duly executed by the grantor. 3 . Approve a Certificate of Acceptance for said Deed, subject to execution of the deed by the grantor, and direct the City Clerk to forward said certificate along with said executed deed to the County Recorder for recordation. 4 . Direct staff to proceed with the preparation of the final design for the subject project. pcti spg6 0001SO 31- STREET STREET RIGHT-OF-WAY ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into by and between Moorpark Presbyterian Church hereinafter called "Grantor", and City of Moorpark herein after called "City". It is the desire of the City to design and construct certain street improvements to the south side of Peach Hill Road along the frontage of the Church's property, hereinafter called "Project". It is the desire of the Grantor to convey to the City certain street right-of-way required for said Project, subject to the conditions set forth herein. 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration related to the conveyance of the required street right-of-way, and shall relieve the City of all further obligations or claims on this account, or on account of the location, grade or construction of the Project. 2. City and Grantor mutually agree that: a. the area of the street right-of-way to be acquired, as generally shown on Exhibit 1 attached hereto, is approximately 1,000 square feet; b. the modification of the slope to be undertaken by the Project shall be approximately as shown on the cross section depicted in Exhibit 2 attached hereto; c. the Project will not affect the Church's monument sign; d. the Project will not affect the location of a proposed future building to be located adjacent to Peach Hill Road as generally described on the site plan for said future work contained within City Case File No. RPD 89-3; 000151 Ex Peach Hill Road Right-of-Way Agreement Page 2 e. the Project will include provisions for any required repair and relocation of the existing irrigation system and that any such modification and/or repair shall be performed in a timely manner; f. the Project will include provisions for the planting of ground cover plants in the areas of the slope to be re-graded, and that said replanting shall consist of the planting, from flats, of Myaporium plants, eight inches (8") on center, plus the planting of one hundred (100) each one gallon (1 ga.) plants of said species, in areas and at locations to be mutually determined by City and Grantor; g. the City responsibility for the protection and preservation of the any trees within the work area shall be limited to the provisions set forth in Paragraph 3h herein; and, h. the Church will be notified, at least two (2) weeks prior to the start of construction, of the construction schedule for the project. 3. City shall: a. prepare, at no cost to Grantor, a legal description and deed for the conveyance of fee title to certain property required for the construction of the Project; b. prepare, at no cost to Grantor, a legal description and deed for a temporary construction easement in the slope area south of the existing and proposed additional street right-of-way, for the slope re-grading and related work; c. provide said deeds to the Grantor for execution; d. cause, at no cost to Grantor, the executed deeds to be recorded; e. prepare, at no cost to Grantor, the engineering design for the Project; f. cause, at no cost to Grantor, the construction of the Project; g. provide, at no cost to Grantor, for the inspection of the work and the administration of the construction contract for the Project; h. provide, at no cost to Grantor, for the protection of all trees located within the area of the slope to be regraded, provided that the responsibility of the City shall be limited to the provisions set forth herein. In this regard, City shall: 1) transplant trees if necessary and as required; 2) replace any trees which cannot be transplanted or which do not survive the six (6) month maintenance period described herein; 000192 Peach Hill Road Right-of-Way Agreement Page 3 3) maintain any transplanted or replaced trees for a period not to exceed six (6) months; and, 4) provide a 24" box tree for any tree required to be replaced; i. incorporate all applicable terms of this Agreement into the plans and/or specifications for the Project, and shall provide to the Grantor, at no cost, a full set of said plans and specifications; and, j. invite Grantor to participate in, and provide input to, the final inspection to be performed by the City, of the construction of the Project by the City's contractor. 4. The Grantor shall: a. sign (with Notary) and return the required deed(s) to the City. Dated: .17315 Grantor: k(Z-dCze. ceAmcdok ATTESTED: CITY OF MOORPARK Debbie Traffenstedt, Patrick Hunter, City Clerk Mayor 000153 Cn . 1 CALIFORNIA �, Ik i !`\ k�: ,tel - ALL-PURPOSE " �n .l/L '�Ullti yn� �RyN ry9�.> i... '� . n.,,: ..�, ^.'.`}` !. :• ACKNOWLEDGEMENT STATE OF CALIFORNIAI / COUNTY OF V ) On 5- 13- (1-3 before me, SAnE) WL-k , mo-r y DATE NAME.TITLE OF OFFICER-E.G . "JANE DOE. NOTARY PUBLIC' personally appeared, C HFl RLEk)E 5. Q/) I LE Y personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,"„”t�%� JAMES WU V:, 1. Comm. •1096066 / tiet•.�A� OTARY PUBLIC.CALIFANW5 — INK � , VENTURA COUNTY 0 (SEAL) wt., Comm. Exp.April 28,2000 a ARY PUBLIC SIGNATURE .414,01- OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT . 1 flAit L�1 t d-C U - a �i41v1 �G�� G DATE OF DOCUMENT 5" 13 - I-8 NUMBERVOF PAGESD3 SIGNER(S)OTHER THAN NAMED ABOVE 000154 acne CT: 1J11AMLtS AbDUI1 ASSQC 12-19-97 11 :17AM; 3102120817 => 8055295416; #4 v et 'C. r )5l kill; / ' 1 I I Wm j 1 0 g ` j j1 0 , it 1 • � �I cc i 1 6 1: . 11: i ‘ a ' 1 0,1V t \I $ iii' \ a_ W Q 1 1 Z l . 1 Viii. ti„ \. 4 II to 1 4 1 ill!!! • 0 i O. WO2 U-1 <CC tn N o _ 1 I : ::, I-- o aoW I \ '1' ` ~¢t , T 0 ti 5 g o m o 3 �rr{ .1\ •\ N7 NZ0o Vi(6 j2 Ow V) i- 3 iii � • P. \.\- 0-\...‘ till' G 2 Q c ::.>. p \ ryd1v ted. '� z m I , \ r4.t.' "Iillii , -1111C\ _ • , \ ‘ , u)s4%<.\ t. '' ‘ �\ `: . or. -- . c� 4i\' :. \ mG /� a � � ,� \ safACca-PtVe liktail- 41\ \r ‘ -- IFVNte‘ .1‘44k8tra4le °P..‘\ ‘ cr . 1ft% 'Nit,i ;,--AW V 44) \ • \�\', \ \ I, V\\ 000155 l iJ V�� \ / V_x\,: - \ 2- u. - N. o 0 U :11 kW Z tb U F �� L U CL L1pW ��0(� el- .. 3 F WO V el- W Y 1. f 0 11.�� S z 3 (0),(13 (n w j W ..-410 N Po5 aNU N t1 b ,' Z W N J + IIIII o.I- Z V Na �, ?._>:\\;\01 ,) RECORDING REQUESTED BY \c AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: NAME City of Moorpark STREET 799 Moorpark Avenue ADDRESS CITY.STATE Moorpark CA 93021 ZIP CODE Attn: City Clerk TITLE ORDER NO. ESCROW NO. SPACE ABOVE THIS LINE FOR RECORDER'S USE \\\ /ifith\\\\ vor// \\\\\:////////attxt \U/////A1\\\\\\\\ /////erA- \\\my."//Q /n\\\\\U///////�\\\\\\\\\U///j DOCUMENTARY TRANSFER TAX 5 15 El El on full value of property conveyed, or � GRANTDEED Elcomputed on full value less liens and encumbrances remaining at time of sale. Signature of Declarant Or Agent Determining Tax Firm Name FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Moorpark Presbyterian (NAME OF GRANTORISII Church grant to the City of Moorpark, a municipal corporation (NAME OF GRANTEEISII all that real property situated in the City of Moorpark (or in an unincorporated area of) Ventura County, California described as follows (insert legal description): (NAME OF COUNTY) ISTATEI that property described in Exhibits 'A' and 'B' attached hereto and made a part hereof. 4 Assessor's parcel No. 500-0-350-365 Executed on ,at ICITY AND STATE) STATE OF COUNTY OF On before me, RIGHT THUMBPRINT(Optional) INAME)TITLE,Le.'JANE DOE.NOTARY PUBLIC) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subcribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized o capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of Which the CAPACITY CLAIMED BY SIGNER(S) person(s) acted, executed the instrument. ❑INOlvIDUAL(S) ❑CORPORATE WITNESS my hand and official seal. OFFICER(SI ITEMS} 0 PARTNER(S) 0 LIMITED SEAL) 0 (SIGNATURE OF NOTARY) GENERAL MAIL TAX 0 ATTORNEY IN FACT STATEMENTS TO: ❑TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ❑OTHER Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your SIGNER IS REPRESENTING: particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and use. Wolcotts (NAME OF PEfl5ONI510R ENTITV11E51'. makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for intended Ruse orpurpose. WOLCOTTS FORM 778- Rev. 3-94(price class 3A1 GRANT DEED 1111111111114 ©1994 WOLCOTTS S. INC. 7 67775 33778 5 0001 Zai EXHIBIT "A" THAT PORTION OF LOT 1 OF TRACT 4069, AS RECORDED IN BOOK 103, PAGE 58 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SPRING ROAD (MOORPARK ROAD) AND PEACH HILL ROAD; THENCE NORTH 58° 30' 24" EAST, A DISTANCE OF 91.85 FEET ALONG THE CENTERLINE OF PEACH HILL ROAD TO A TANGENT CURVE; THENCE RADIAL TO SAID CURVE, SOUTH 31° 29' 36" EAST, A DISTANCE OF 26.50 FEET TO THE POINT ON CURVE ON THE SOUTHERLY RIGHT- OF-WAY OF PEACH HILL ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 273.50 FEET AND A CENTRAL ANGLE OF 37° 18' 58"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 178.13 FEET TO THE POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE SOUTHERLY. HAVING A RADIUS OF 143.50 FEET AND A.CENIRAL ANGLE OF 20° 17' 25", THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 50.82 FEET, TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 05° 49' 22" WEST TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 256.50 FEET AND A CENTRAL ANGLE OF 04° 56' II" THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 22.10 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 267.50 FEET AND A CENTRAL ANGLE OF 29° 15' 25", THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 136.59 FEET TO THE POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 27.00 FEET AND A CENTRAL ANGLE OF 34° 09" 48"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 16.10 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 65° 39' 24" EAST TO THE CURVE'S END; THENCE NORTH 44° 28' 23" EAST, A DISTANCE OF 14.44 FEET; THENCE NORTH 58° 30' 24" EAST, A DISTANCE OF 4.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 935 SQUARE FEET. 000158 rno-co-yts uC :b1Y LAA-Uiamona tsar 909 598 6405 P.02 3oc a 1 XXOo0T , j / \ / ti, b, / p �tiOs / / /Nr ve, . / A = 20'17'25' 3 4 F R = 143.50' �� T = 25.68' v L = 50.82' /SIo 0� A = 04'5611' /4? `Z% Qp / R = 256.50' T = 11.06' A = 37'18'58' PCZ. el L = 22.10' R = 273.50' / T = 92.35' L = 178.13' / et/ 3 rn �\ A = 2915'25" W R = 267.50' 53' t T = 69.82' 41. L = 136.59' 5 9' ' i + 0s 26.50' 0,., N5810124'E tili 4.76' ,op 14.44' ) m N6519'24%1! R/W / m RAO. /� R/p, —.� w �S.- —.- 'a b� A = 34'09'48' mi R = 27.00' in T = 8.30' Z L = 16.10' L. — �P — —ç .. — .,_ R*-LEGALOMG SPRING ROAD ®®®1.59