HomeMy WebLinkAboutAGENDA REPORT 1999 0505 CC REG ITEM 11ECity of Moorpark
Agenda Report
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ITEM If • E•
00 Council meeting
of 15-5 -qcl
AC FTO n r
To: The Honorable City Council
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From: Kenneth C. Gilbert, Director of Public Works
Date: April 23,1999 (Council Meeting 5 -5 -99)
Subject: Consider Acceptance of Deed for Certain Property
Acquired for the Construction of the Tierra Rejada Road
Bridge Across the Arroyo Simi
DISCUSSION
A. Background
In 1989 certain properties (see Exhibit 1) were acquired from
the Boething Family Trust, which were needed in order to
construct the Tierra Rejada Road bridge across the Arroyo
Simi. Those properties were acquired by Court Order under
eminent domain proceedings.
B. Access Ramps
That acquisition included certain properties required to
provide access from Tierra Rejada Road to the levee
maintenance road on the north side of the arroyo. In order to
re- establish "legal" access to this levee road by those
requiring its use, it was the intent of the City to grant
easements across these "ramp" parcels to the Ventura County
Flood Control District (VCFCD) and to the Southern California
Edison Company (SCE).
C. Legal Description Problems
Although the Court Order stated that all of the property
acquired from the Boething Family Trust was conveyed in "fee,"
the legal descriptions contained within the Court Order
described the access ramps as "access road easement." The word
"easement" proved to be a source of concern to the Title
Company asked to provide the City a Policy of Title Insurance
guaranteeing the City's fee interest to all of the properties
Tierra Rejada Road Bridge
Boething Acquisition
April 23, 1999
Page 2
acquired. The Title Company declined to issue the required
Policy. Without this assurance that the City was the fee
owner, the City could not grant easements to VCFCD or SCE.
D. New Deed
In order to resolve this "cloud" on the title, the City asked
the trustees for the Boething Family Trust to execute a new
deed (Exhibit 2) with a revised legal description which
omitted the word "easement ". That deed has been executed and
is ready to be recorded.
E. Policy of Title Insurance
A title company retained by the City is prepared to issue a
Policy of Title Insurance for the subject deed, upon
recordation of that document.
F. Future Actions
It is the intent of the staff to ask the City Council to
approve the grant of an easement to SCE across the access ramp
parcels. Subsequent to the recordation of that document, it is
the intent of staff to ask the City Council to approve the
recordation of a "Quitclaim Deed" to the VCFCD for the two
access ramps.
RECOMMENDATION
Staff recommends that the City Council approve Certificates of
Acceptance for the subject right -of -way deed and direct the City
Clerk to forward the deed and Certificate to the City's title
officer for recordation.
Boething_deed
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21.16
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= 53'52' 19
R= 42.00'
L =39.49
PART 8
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EXHIBIT "A"
SCALE: 1 " =100'
P.O.B.
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PARCELS SHOWN HEREON SHOULD
PART B
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EXHIBIT
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SOUTHERN CALIFORNIA I ( TIERRA REJADA ROAD
EDISON COMPANY LAND ( PER INST. NO. -8089
PER 2677 O.R. 169 I REC 1/26/83
I
PART B
PER EXHIBIT •A•
1p �.� � 2
SOUTHERN CALIFORNIA --I
EDISON COMPANY LAND
PER 1933 O.R. 408
COURSES - PART B
4 i PART . A
13 �_N `4�a, PER EXHIBIT `A`
I.
5
35.74'
T.P.O.B. COURSES - PART
PART B
EXHIBIT "A"
ITEM
03
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RADIUS
04
00
EXIST. SLOPE
S.59'13'24 W.
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EASEMENT TO
21.16
= 71'44'34
THE
L =73.88'
4
S.0'24 41 W.
ORPARK
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= 53'52' 19
R= 42.00'
L =39.49
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NOTE:THE BOUNDARIES OF THE
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PARCELS SHOWN HEREON SHOULD
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BE LOCATED IN ACCORDANCE
WITH THE WRITTEN. LEGAL DESC.
"A "'
EXIST. SLOPE
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PER EXHIBIT AND NOT BY
EASEMENT TO
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DATA SHOWN HEREON.
THE CITY OF
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MOORPARK
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P6y-e �
T.P.O.B.
PART A
EXHIBIT "A"
PART B
PER EXHIBIT •A•
1p �.� � 2
SOUTHERN CALIFORNIA --I
EDISON COMPANY LAND
PER 1933 O.R. 408
COURSES - PART B
4 i PART . A
13 �_N `4�a, PER EXHIBIT `A`
I.
5
35.74'
T.P.O.B. COURSES - PART
PART B
EXHIBIT "A"
ITEM
DESCRIPTION
RADIUS
DISTANCE
1
S.59'13'24 W.
i=110.00'
28.58
N.11'51 17 E.
21.16
= 71'44'34
R= 59.00'
L =73.88'
4
S.0'24 41 W.
30.17'
= 53'52' 19
R= 42.00'
L =39.49
ITEM
DESCRIPTION
RADIUS
DISTANCE
1
&-27 27'38
i=110.00'
L= 52.72'
S.59'13'24 W.
17.90'
=30'48'33
R= 60.00'.
L= 32.26'
4
N.0'24'41 E.
27.46'
CITY OF MOORPARK
rfoAftm EXHIBIT ` ►B` ►_
DRAWN HY: fP itWU -T-DAN ASSOCIATES cnv r—Ent :
010MURS . FIMN RS
37� PW S'tAE]Ef surrE 101
Cs- iECKEO 8Y: KS �[Htvan. cu akNIA 93001 Jahn F. Knipe - --- a C.F. 27n
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE
SHOWN BELOW, MAIL TAX STATEMENT TO:
Name City of Moorpark
Street
Address 799 Moorpark Avenue
O'H s Moorpark, State p rk, CA 93021
Zip Attn: City Clerk
Title Order No. Escrow No.
T 355 Legal (2 -94)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $
❑ unincorporated area ❑ City of
Parcel No. 504 -0- 021 -145
❑ computed on full value of interest or property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
I (We), John W. Boething and Susan A. Boething, co- trustees of the Boething
Family Trust
hereby GRANT(S) to the City of Moorpark, a municipal corporation,
the following described real property in the City of Moorpark
county of Ventura state of California: See Exhibit 'A' (legal description)
attached hereto and made a part hereof by reference.
Dated?
STATE OF CALIFORNIA
COUNTY OF
On
I S.S.
1Cl qq - before me,
a Notary Pubii?. in nd forhsa i ounty and State, pe onally appeared
personally known to m,
evidence) to be fFe per
within instrument and a
the same in his/her /their
signature(s) on the insti
of which the person(s)
WITNESS my hand an,
Signature
MAIL TAX STA
,oved to metbn the basis of satisfactory
whose name(s) is /are subscribed to the
[edged to me that he /she /they executed
zed capacity(ies), and that by his/her/their
the person(s), or the entity upon behalf
executed the insfrument_
John W. Boething and Susan A. Boething
ru ee of tIaVoething Family Trust
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TO PARTV CAnWN nW Fni i nuTim - r n.,v..c
_- CYNTHIA MENDOZA
"�` Commission # 1162704
Z �� Notary Public- California
Los Angeles County
4My Comm. Expires Nov 23, 2001
(This area for official notarial seal)
Street Address City & State
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2 �2-
Exhibit "A"
LEGAL DESCRIPTION
Those certain parcels of land described in a Final Order and
Judgement in Condemnation , had in Superior Court Case'Ne. 96763,
a certified copy of which is recorded on October 11, 1989 as
Document No. 89- 168790 of Official Records in the Office of the
County Recorder of Ventura County, and more particularly
described as follows:
Parcel 1
That certain parcel of land situated in the County of Ventura,
State of California, being those portions of Subdivision "L" as
per map entitled "Map of the Lands of Rancho Simi in Ventura and
Los Angeles Counties, California" and recorded in Book 3, Page 7
of Maps in the office of the County Recorder of Ventura* County,
and of Lot 37 of Fremont Tract as per map recorded in Book 3,
Page 39 of Maps, in the office of the County Recorder of Ventura
County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of
the Easterly line of Tierra Rejada Road, 94 feet wide, as shown
on the Map of Tract No.. 2817 -2 recorded in Book 83, Pages 59 and
60 of Miscellaneous Records (Maps), in the office of the County
Recorder of Ventura County with aline parallel with and distant
Southerly 155.00 feet from the Northerly line of that portion of
a strip of land, 155.00 feet wide, described as having a bearing
of North 890 29' 56" West, and a length of 2,345.45 feet as
described and designated as a portion of Parcel 1 in the deed to
Southern California Edison Company, recorded November 24, 1964 in
Book 2677, Page 169, of Official Records, in the office of the
County Recorder of said County; thence along said Southerly
prolongation Southerly 467.32 feet to the Northwesterly line of
the strip of land, 50 feet wide, described in the deed to
Southern California Edison Company, recorded November 30, 1960 in
Book 1933,; Page 408 of Official Records in the office of the
County Recorder of said County; thence along said Northwesterly
line Southwesterly 109.88 feet to the Southerly prolongation of
the Westerly line of said Tierra Rejada Road, 94.00 feet wide;
thence along said prolongation Northerly 524.28 feet to said
parallel line, hereinabove described as being distant Southerly
155.00 feet from the Northerly line of that portion of a strip of
land, 155.00 feet wide; thence along said parallel line Easterly
94.00 feet to the point of beginning.
Exhibit "A" (Page 2 of 5)
Legal. Description
3
Subject to covenants, conditions, restrictions, reservations,
rights, rights -of -way, and easements, if any, of record.
Parr_P 1 9
That certain parcel of land situated in the County of Ventura,
State of California being those portions of Subdivision "L" as
per map entitled "Map of the Lands of Rancho Simi in Ventura and
Los Angeles Counties, California" and recorded in Book 3, Page 7
of Maps in the office of the County Recorder of Ventura County,
and of Lot 37 of Fremont Tract as per map recorded in Book 3,
Page 39 of Maps, in the office of the County Recorder of Ventura
County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of
the Easterly line of Tierra Rej ada Road, 94 feet wide, as shown
on the Map of Tract No. 2817 -2 recorded in Book 83, Pages. 59 and
60 of Miscellaneous Records (Maps) in the office of the County
Recorder of Ventura County with a line parallel with and distant
Southerly 155.00 feet from the Northerly line of that portion of
a strip of land, 155.00 feet wide, described as having a bearing
of North 890 291 5611 West, and a length of 2,345.45 feet as
described and designated as a portion of Parcel 1 in the deed to
Southern California Edison Company, recorded November 24, 1964,
in Book 2677, Page 169 of Official Records, in the office of the
County Recorder of said County; thence along said Southerly.
prolongation South 0° 241 41" West, 29.00 feet to the True Point
of Beginning; thence, leaving said Southerly prolongation, South
190 011 43" East 36.06 feet; thence South 40 321 39" East, 173.65
feet; thence South 2° 49' 20" East, 128.29 feet; thence South 43°
361 11" East, 44.98 feet; thence South 30° 461 3611 East, 26.7.3
feet to the Northwesterly line of the strip of land, 50 feet
wide, described in the deed to Southern California Edison
Company, recorded November 30, 1960 in Book 1933, Page 408 of
Official Records in the office of the County Recorder of said
County; thence along said northwesterly line South 59° 131 2,411
West, 92.73 feet to said Southerly prolongation; thence along
said Southerly prolongation North 0° 241 41" East, 438.32 feet to
the True Point of Beginning.
Subject to covenants, conditions, restrictions, reservations,
rights -of -way, and easements, if any, of record.
Exhibit "A" (Page 3 of 5)
Legal Description
Parcel 3
That certain parcel of land situated in the County of Ventura,
State of California being those portions of Subdivision "L" as
per map entitled "Map of the Lands of Rancho Simi in Ventura and
Los .Angeles Counties, California" and recorded in Book 3, Page 7
of Maps in the office of the County Recorder of Ventura County,
and of Lot 37 of Fremont Tract as per map recorded in Book 3,
Page 39 of Maps, in the office of the County Recorder of Ventura
County, described as a whole as follows:
Beginning at the intersection of the Southerly prolongation of
the Westerly line of Tierra . Rej ada Road, 94 feet wide, ' *as shown
on the Map of Tract No. 2817 -2 recorded in Book 83, Pages 59 and
60 of Miscellaneous Records (Maps) , in the .office of the County
Recorder of Ventura County with a line parallel with and distant
Southerly 155.00 feet from the Northerly line of that portion of
a strip of land, 155.00 feet wide, described as having a bearing
of North 890 29' 56" West, and a length of 2,345.45 feet as
described and designated as a portion of Parcel 1 in the deed to
Southern California Edison Company, recorded November 24, 1964 in
Book 2677, Page 169, of Official Records, in the office of the
County Recorder of said County; thence along said Southerly
Prolongation South 0° 24' 41" West, 113.00 feet to the True Point
of Beginning; thence, 1 eaving said Southerly prolongation, South
8.0 44' 45" West, 158.68 feet; thence South 50 33' 04" West,
142.68 feet; thence South 300 47' 26" West, 121.03 feet; thence
South 20 42' 17" West 68.00 feet to the Northwesterly line of the
strip of land, 50.00 feet wide, described in the deed to Southern
California Edison Company, recorded November 30, 1960 in Book
1933, Page 408 of Official Records in the office of the County
Recorder of said County; thence along said northwesterly line
North 59° 13' 24" East, 116.58 feet to said Southerly
prolongation; thence along said Southerly prolongation North 0°
24' 41" East, 411.28 feet to the True Point of Beginning.
Subject to covenants, conditions, restrictions, reservations
rights-of.,. way, and easements, if any, of record.
Parcel 10
That certain parcel of land situated in the County of Ventura,
State of California being those portions of Subdivision "L" as
per map entitled "Map of the Lands of Rancho Simi in Ventura and
Los Angeles Counties, California" and recorded in Book 3, Page 7
of Maps in the office of the County Recorder of Ventura County,
Exhibit "A" (Page 4 of 5)
Legal Description
and of Lot 37 of Fremont Tract as per map recorded in Book 3,
Page 39 of Maps, in the office of the County Recorder of Ventura
County, described as a whole as follows:
Beginning at the intersection of the Easterly line of Tierra
Rejada Road, 94.00 feet wide, as shown on the Map of 'bract No.
2817 -2 recorded in Book 83, Pages 59 and 60 of. Miscellaneous
Records (Maps) in the office of said County Recorder, with the
Northerly line of that portion of a strip of land, 155.00 feet
wide, described as having a bearing of North 89° 29' 56" West,
and a length of 2,345.45 feet as described and designated as a
portion of Parcel 1 in the deed to Southern California Edison
Company, recorded November 24, 1964 in Book 2677, Page 169, of
Official Records in the office of said County Recorder; thence
South 00 24' 41" West 570.82 feet along said Easterly line and
its Southerly prolongation to a point on a nontangent curve
concave to the Southwest having a radius of 110.00 feet, and to
which point a radical line bears North 13° 01' 25" East, said
point being the True Point of Beginning ; - thence Southeasterly
52.72 feet along said curve through a central angle of 27° 271
38" to the Northwesterly line of the strip of land, 50 feet wide,
described in deed to Southern California Edison Company, recorded
.November 30, 1960 in Book 1933, Page 408 of Official Records in
the office of said County Recorder; thence South 59° 13' 24" West
17.90 feet along said Northwesterly line to a point in a
nontangent curve concave to the Southwest having a radius of
60.00 feet and to which point;:, a radial line bears North 24' 48'
07" East; thence Northwesterly 32.26 feet along said curve
through a central angle of '30° 48' 33" to the Southerly
prolongation of said Easterly line; thence North 00 24' 41" East
27.46 feet along said Southerly prolongation to the True Point of
Beginning.
Subject to covenants, conditions, reservations, restrictions;
rights, rights -of- way, and easements, if any, of record.
Parcel 12
That certain parcel of land situated in the County of Ventura,
State of California being those portions of Subdivision "L'' as
per map entitled "Map of the Lands of Rancho Simi in Ventura and
Los Angeles Counties, California" and recorded in Book 3, Page 7
of Maps in the office of the County Recorder of Ventura County,
and of Lot 37 of Fremont Tract as per map recorded in Book 3,
Page 39 of Maps, in the office of the County Recorder of Ventura
County, described as a whole as follows:
MMM
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Exhibit "A" (Page 5 of 5)
Legal Description
Beginning at the intersection of the Westerly line of Tierra
Rejada Road, 94.00 feet wide, as shown on the Map of Tract No.
2817 -2 recorded in Book 83, Pages 59. and 60 of Miscellaneous
Records (Maps) in the office of said County Recorder, with the
Northerly line of that portion of a strip of land, 155.00 feet
wide, described as having a bearing of North 89° 291 5-611 West,
and a length of 2,345.45 feet as described and designated as a
portion of Parcel 1 in the deed to Southern California Edison
Company, recorded November 24, 1964 in Book 2677, Page 169, of
Official Records in the office of said County Recorder; thence
South 00 241 41" West 679.28 feet along said Westerly line and
its Southerly prolongation to a point in the Northwesterly line
of the strip of land, 50 feet wide, described in the deed to
Southern California Edison Company, recorded November 30; 1960 in
Book 1933, Page 408 of official Records in the office of said
County Recorder; thence along said Northwesterly line South 590
13' 24" West 35.74 feet to the True Point of Beginning; thence
continuing along said Northwesterly line South 59° 13' 24" West
28.58 feet; thence North 110 51' 1711 east 21.16 feet to the
beginning of a curve concave to the Southeast having a radius of
59.00 feet; thence Northeasterly 73.88 feet along said curve
through a central angle of 71° 44' 34" to the Southerly
prolongation of said Westerly line; thence South 00 241 41" west
30.17 feet along said Southerly prolongation to a point in a non-
tangent curve concave to the Southeast having a radius of 42.00
feet and to which point a radial line. bears North 90 10' 581,
West; thence Southwesterly 39.,49 feet along said curve through a,
central angle of 530 52' 19" to the True Point of Beginning.
Subject to covenants, conditions, reservations, restrictions,
right, right -of -way, and easements, if any, of record.
00 t al-