HomeMy WebLinkAboutAGENDA REPORT 2019 0206 REG CCSA ITEM 10FCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 2.6.2019
ACTION Approved staff
recommendation.
BY M. Benson
F. Consider Granting Water and Sewer Easements to Ventura County Waterworks
District #1 at Arroyo Vista Community Park. Staff Recommendation: Approve
granting of sewer and water easements to Ventura County Waterworks District
#1 at Arroyo Vista Community Park and authorize the Mayor to sign the
easements.
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 02/06/2019 Regular Meeting
SUBJECT: Consider Granting Water and Sewer Easements to Ventura County
Waterworks District #1 at Arroyo Vista Community Park
BACKGROUND AND DISCUSSION
During the construction of the Recreational Trail Project at AVCP, Ventura County
Waterworks District #1 (WWD#1) notified the City that no easements for water or sewer
existed east of the recreation center for WWD#1’s water and sewer facilities. WWD#1’s
water and sewer lines were extended to accommodate the restroom facility that was
constructed at the east end of the park in 2002. WWD#1 requested that the City
prepare and grant these easements to WWD#1.
During the preparation and review of these easements it was further discovered that no
easement had been granted to WWD#1 for the fire hydrant lateral line that runs from the
access road into Parking Lot A, west of the recreation center.
All of the easement documents and legal descriptions have been prepared and
reviewed by the County. Staff is recommending that the City Council grant these
easements to WWD#1 to legitimize the access to their facilities within the park.
FISCAL IMPACT
The cost to survey and prepare the easements was $5,750. No additional fiscal impact
will occur due to granting the easements.
STAFF RECOMMENDATION
Approve granting of sewer and water easements to Ventura County Waterworks District
#1 at Arroyo Vista Community Park and authorize the Mayor to sign the easements.
Attachments:
1 – Water Easement
2 – Sewer Easement
Item: 10.F.
315
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Clerk
with a copy to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code Section 27383.
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the CITY OF MOORPARK (“Grantor”) hereby grants to the County of
Ventura, Waterworks District #1 (“Grantee”), a perpetual, nonexclusive easement to
install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain,
repair, improve and relocate sewer pipeline(s) and necessary devices and
appurtenances thereto (“Pipeline(s)”) in and on that certain real property in the County
of Ventura, State of California, described in Exhibit “A” and depicted on Exhibit “B”
attached hereto (such rights being described hereafter as the “Easement” and the area
affected thereby, the “Easement Area”).
Grantee accepts the Easement Area in its current “AS IS” condition, without
representation or warranty, express or implied, and subject to all matters or records and
all matters that would be disclosed by a diligent inspection.
The Pipeline(s) and every part thereof shall be confined to the Easement Area
and shall be constructed by Grantee with sufficient ground cover (i.e., distance between
ground surface and top of Pipeline(s)) as shown on the construction plans for the
Pipeline(s)), as determined in good faith by Grantor.
The Easement includes (a) the right to reasonably enter the Easement Area to
reasonably survey, construct, reconstruct, lay, relay, maintain, operate, control, use and
remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with
the construction, operation and maintenance thereof; and (b) a reasonable right of
access across Grantor’s adjacent property to and from the Easement Area for the
purpose of exercising the rights granted herein. The Easement is being granted after
certain improvements have been made. Grantee understands that any curbs, gutters or
sidewalks disturbed as a part of Grantees operations on the Pipelines, shall be replaced
-1-
12853-0001\2165648v1.doc 316
by Grantee, to the satisfaction of the Grantor, at Grantee’s expense. Due to the location
of the Easement, Grantor requires thirty (30) days advance notice of Grantee’s routine
maintenance or replacement operations on the Pipelines. Grantee shall notify Grantor of
operations on the Pipelines due to an emergency situation as soon as reasonably
possible.
Grantor reserves the right to occupy and use Grantor’s Property for any purpose
not inconsistent with the rights and privileges above granted and which will not interfere
with or endanger the Pipeline(s) or the use thereof. Grantee shall use due care in the
construction, operation and maintenance of the Pipeline(s). Grantee shall obtain and
maintain reasonable liability insurance for the Easement Area naming Grantor as
additional insured, and prior to using the Easement Area shall provide reasonable
evidence thereof to Grantor (and thereafter shall provide such evidence promptly upon
written request by Grantor).
Grantee shall defend, indemnify and hold Grantor harmless from and against any
and all claims, liabilities, damages, losses, costs and expenses incurred or suffered by
Grantor as a direct or indirect result of Grantee’s use of the Easement Area or access
thereto.
This Grant of Easement is intended to encumber the Easement Area, and bind
Grantor and Grantor’s successors-in-interest to the Easement Area.
GRANTOR:
CITY OF MOORPARK
By:
Janice S. Parvin, Mayor
Attest:
Maureen Benson, City Clerk
-2-
12853-0001\2165648v1.doc 317
EXHIBIT "A"
DESCRIPTION OF EASEMENT AREA
12853-0001\2165648v1.doc 318
EXHIBIT "B"
DEPICTION OF EASEMENT AREA
(Attached.)
12853-0001\2165648v1.doc 319
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc 320
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc 321
CERTIFICATE OF ACCEPTANCE FOR
GRANT OF EASEMENT
This Certificate of Acceptance pertains to the interest in real property conveyed
by the Grant of Easement dated __________, 2018.
From: The City of Moorpark, a municipal corporation (“Grantor”)
To: (“Grantee”)
Said Grant of Easement is hereby accepted by the undersigned officer on behalf
of the Grantee pursuant to authority conferred by the Grantee’s [governing board] on
, 201__.
The Grantee hereby consents to recordation of such Grant of Easement.
Dated: , 2018
___________________________
By:
Print Name:
Title:
12853-0001\2165648v1.doc
322
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc
323
324
325
326
327
328
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Clerk
with a copy to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code Section 27383.
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the CITY OF MOORPARK (“Grantor”) hereby grants to the County of
Ventura, Waterworks District #1 (“Grantee”), a perpetual, nonexclusive easement to
install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain,
repair, improve and relocate water pipeline(s) and necessary devices and
appurtenances thereto (“Pipeline(s)”) in and on that certain real property in the County
of Ventura, State of California, described in Exhibit “A” and depicted on Exhibit “B”
attached hereto (such rights being described hereafter as the “Easement” and the area
affected thereby, the “Easement Area”).
Grantee accepts the Easement Area in its current “AS IS” condition, without
representation or warranty, express or implied, and subject to all matters or records and
all matters that would be disclosed by a diligent inspection.
The Pipeline(s) and every part thereof shall be confined to the Easement Area
and shall be constructed by Grantee with sufficient ground cover (i.e., distance between
ground surface and top of Pipeline(s)) as shown on the construction plans for the
Pipeline(s)), as determined in good faith by Grantor.
The Easement includes (a) the right to reasonably enter the Easement Area to
reasonably survey, construct, reconstruct, lay, relay, maintain, operate, control, use and
remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with
the construction, operation and maintenance thereof; and (b) a reasonable right of
access across Grantor’s adjacent property to and from the Easement Area for the
purpose of exercising the rights granted herein. The Easement is being granted after
certain improvements have been made. Grantee understands that any curbs, gutters or
sidewalks disturbed as a part of Grantees operations on the Pipelines, shall be replaced
-1-
12853-0001\2165648v1.doc 329
by Grantee, to the satisfaction of the Grantor, at Grantee’s expense. Due to the location
of the Easement, Grantor requires thirty (30) days advance notice of Grantee’s routine
maintenance or replacement operations on the Pipelines. Grantee shall notify Grantor of
operations on the Pipelines due to an emergency situation as soon as reasonably
possible.
Grantor reserves the right to occupy and use Grantor’s Property for any purpose
not inconsistent with the rights and privileges above granted and which will not interfere
with or endanger the Pipeline(s) or the use thereof. Grantee shall use due care in the
construction, operation and maintenance of the Pipeline(s). Grantee shall obtain and
maintain reasonable liability insurance for the Easement Area naming Grantor as
additional insured, and prior to using the Easement Area shall provide reasonable
evidence thereof to Grantor (and thereafter shall provide such evidence promptly upon
written request by Grantor).
Grantee shall defend, indemnify and hold Grantor harmless from and against any
and all claims, liabilities, damages, losses, costs and expenses incurred or suffered by
Grantor as a direct or indirect result of Grantee’s use of the Easement Area or access
thereto.
This Grant of Easement is intended to encumber the Easement Area, and bind
Grantor and Grantor’s successors-in-interest to the Easement Area.
GRANTOR:
CITY OF MOORPARK
By:
Janice S. Parvin, Mayor
Attest:
Maureen Benson, City Clerk
-2-
12853-0001\2165648v1.doc 330
EXHIBIT "A"
DESCRIPTION OF EASEMENT AREA
12853-0001\2165648v1.doc 331
EXHIBIT "B"
DEPICTION OF EASEMENT AREA
(Attached.)
12853-0001\2165648v1.doc 332
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc 333
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc 334
CERTIFICATE OF ACCEPTANCE FOR
GRANT OF EASEMENT
This Certificate of Acceptance pertains to the interest in real property conveyed
by the Grant of Easement dated __________, 2018.
From: The City of Moorpark, a municipal corporation (“Grantor”)
To: (“Grantee”)
Said Grant of Easement is hereby accepted by the undersigned officer on behalf
of the Grantee pursuant to authority conferred by the Grantee’s [governing board] on
, 201__.
The Grantee hereby consents to recordation of such Grant of Easement.
Dated: , 2018
___________________________
By:
Print Name:
Title:
12853-0001\2165648v1.doc
335
State of California )
County of Ventura )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
12853-0001\2165648v1.doc
336
337
338
339
340
341