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HomeMy WebLinkAboutAGENDA REPORT 2001 1107 CC REG ITEM 11H i ITEM Ac "Q!x�r�. C� ....__ r��rnrr� �ah_►►�lc,�l�nc�. _ on 7.001� t9�So Moorpark City Counci � Agenda Report To: The Honorable City Council . 1 From: Kenneth C. Gilbert, Director of Public Works Date : October 22 , 2001 (Council Meeting 11 - 7- 01) Subject : Consider Reconveyance of Certain Street Rights-of-Way Required for the Construction of the Casey Road / Walnut Canyon Road Traffic Signal Project OVERVIEW Apparently the legal descriptions for certain street rights-of - way on the east side of Walnut Canyon Road [herein "Right -of - Way"] , which were acquired for the subject project , were not in a form acceptable to Caltrans . In order to correct this problem, it is necessary to process new deed documents for the Right -of -Way. This presents for approval : • A Quitclaim Deed relinquishing the Right -of -Way back to the Moorpark Unified School District [herein "MUSD"] ; • A Certificate of Acceptance for a new Grant Deed for the Right-of-Way from MUSD to the City; and • A Resolution authorizing the City Manager to execute a new Grant Deed, conveying the Right -of-Way to Caltrans . BACKGROUND 1 . MUSD undertook certain street improvements, at and near the intersection of Casey Road and Walnut Canyon Road, to serve the new Walnut Canyon Elementary School . That project included street realignment, street widening, sidewalks and a traffic signal . Caltrans agreed to fund fifty percent (500 ) of the improvements on the State Highway . 2 . As a prerequisite of the Caltrans funding, Caltrans required the City to serve as the lead agency during the construction phase of the project , and to be the recipient of the Caltrans funding. The City and Caltrans entered into a Cooperative Agreement for this purpose. Casey_011022 f�� , Casey Signal : Right-of -Way October 22 , 2001 Page 2 3 . The City and MUSD entered into a separate Agreement with respect to the "pass-thru" of the Caltrans funding to MUSD, and the MUSD reimbursement of all City project - related costs . 4 . Prior to the construction phase of the project , MUSD acquired the Rights-of -Way . The mutual agreements between the parties called for the Right -of -Way to be conveyed to the City, with the City, in turn, conveying it to Caltrans . 5 . In January of 1999, the City Council accepted certain Grant Deeds from MUSD for the Right -of-Way . Subsequently, Grant Deeds for the Right-of -Way were forwarded to Caltrans . 6 . As stated above, those documents are flawed and new deed documents must be processed . DISCUSSION A. Prior Deed to Caltrans The previous Grant Deed conveying the Right-of -Way from the City to Caltrans, has been discarded . B. Quitclaim Deed A Quitclaim Deed (Exhibit 1) has been prepared quitclaiming back to MUSD, all City interest in the Right -of -Way which was conveyed to the City by the prior Grant Deeds from MUSD to the City. it is recommended that the City Manager be authorized to execute this document and that the City Clerk be directed to have the document recorded . C. Certificate of Acceptance It is the intent of MUSD to grant to the City a new Grant Deed for the Right -of -Way. An "unsigned" copy of that deed is attached as Exhibit 2 . It is recommended that the City Clerk be directed to sign a Certificate of Acceptance for that deed and provide for the recordation of that deed and Certificate of Acceptance . D. Grant to Caltrans Caltrans is in the process of preparing a new Grant Deed for the Right-of-Way, to convey the Right-of-Way from the City to Caltrans . It is anticipated that this document will be forwarded to the City within the next few weeks . It is casey_011022 Casey Signal : Right-of-Way October 22, 2001 Page 3 recommended that the City Council adopt a Resolution (Exhibit 3) authorizing the City Manager to execute the new Grant Deed and directing the City Clerk to forward said document to Caltrans for acceptance and recordation. E. Caltrans Funding In December of 2000, the City sent Caltrans the final invoice for their share of the project costs. The amount of the invoice was $91, 114 . 89. A chart showing the total project cost and the Caltrans' share, is attached as Exhibit 4 . When payment is received, a like amount will be forwarded to MUSD. Caltrans has deferred payment of their share of the project costs until the subject right-of-way issues are resolved. MUSD has retained an engineer to work with the City and Caltrans on the resolution of these matters . STAFF RECOMMENDATION 1 . Authorize the City Manager to execute a Quitclaim Deed (Exhibit 1 ) for the Right-of-Way, relinquishing to MUSD all interest in the Right-of-Way, and direct the City Clerk to provide for the recordation of that document . 2 . Direct the City Clerk to execute a Certificate of Acceptance for a new Grant Deed for the Right-of-Way from MUSD to the City, and direct the City Clerk to provide for the recordation of those documents . 3. Adopt Resolution No. 2001- authorizing the City Manager to execute a Grant Deed to Caltrans for the Right-of-Way and directing the City Clerk to forward said document to Caltrans for acceptance and recordation. Attachments : Exhibit 1 : Quitclaim Deed Exhibit 2 : New deed from MUSD Exhibit 3 : Resolution Exhibit 4 : Project Cost Summary: Caltrans Share casey_011022 RECORDING REQUESTED BY: WHEN RECORDED, RETURN TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Clerk DOCUMENTARY TRANSFER TAX $ NONE Computed on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax-Firm AP No QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF MOORPARK. A MUNICIPAL CORPORATION Do(es) hereby REMISE. RELEASE AND FOREVER QUITCLAIM to MOORPARK UNIFIED SCHOOL DISTRICT, A LOCAL PUBLIC AGENCY The real property in the CITY OF MOORPARK County of Ventura, State of California, described as SEE ATTACHED EXHIBITS "A" and `B" FOR LEGAL DESCRIPTION Dated: CITY OF MOORPARK, a Municipal Corporation By: SEE NEXT PAGE FOR NOTARY STATE OF CALIFORNIA )ss. COUNTY OF ) On before me, 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 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. Signature EXHIBIT "A" PARCEL 1: That portion of Lot 13, Tract Number 2 of M.L. Wicks Subdivision per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Beginning at the southeasterly corner of said Lot 13; thence along the easterly line of said Lot 13, North 00°29'35" East 2.79 feet to a line that lies 2.50 feet northeasterly of and parallel with the southwesterly line of said Lot 13; thence along said parallel line, North 63°00'25" West 64.09 feet; thence North 51°34'00" West 13.93 feet; thence North 59°40'00" West 35.42 feet to the westerly line of said Lot 13; thence along said westerly line, South 00°29'35" West 8.19 feet to the southerly line of said Lot 13; thence along said southerly line, South 63°00'25" East 110.69 feet to the southeasterly corner of said Lot 13 and the point of beginning of this description. PARCEL 2: That portion of Lot 12, Tract Number 2 of M.L. Wicks Subdivision per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Beginning at the southwesterly corner of said Lot 12; thence along the southerly line of said Lot 12, thence, South 89'28'15" East 6.50 feet; thence leaving said southerly line, North 63'13'12" West 7.08 feet to the westerly line of said Lot 12; thence along said westerly line, South 00°29'35" West 2.79 feet to the southwesterly corner of said Lot 12 and the point of beginning of this description. EXHIBIT "B" That portion of Lot 15, Tract Number 2 of M.L. Wicks Subdivision per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Beginning at the southerly corner of that land described in the deed to Ventura County, a body corporate and politic in the State of California, recorded in Book 180, page 150 of Deeds in the office of said recorder, thence along the northeasterly line of said land (said southerly corner and northeasterly line being shown in State of California, Department of Transportation, surveyors field book 94-049 at page 10), thence North 39°31'25" West 95.00 feet along said northeasterly line (described as North 39°58' West 125.20 feet in said decd) to the TRUE POINT OF BEGINNING of this description; thence leaving said northeasterly line, North 28°32'00" West 16.45 feet; thence North 23°00'41" West 16.45 feet; thence North 16°51'59" West 16.45 feet; thence North 11'26'32" West 8.23 feet; thence North 7 048'07" West 16.45 feet; thence North 4°09'42" West 7.66 feet to the north line of said Lot 15; thence along said north line, North 89°45'49" West 4.98 feet to the easterly line of that land described in the deed to Ventura County, a body corporate and politic in the State of California, recorded in Book 163, page 394 of Deeds in the office of said recorder; thence South 9°02'28" East 53.80 feet along last said easterly line (described as South 8°54' East 81.66 feet in last said deed) to the aforementioned easterly line of the land described in said deed recorded in Book 180, page 150; thence along last said easterly line, South 39°31'25" East 31.95 feet to the TRUE POINT OF BEGINNING of this description. RECORDING REQUESTED BY: WHEN RECORDED, RETURN TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Clerk DOCUMENTARY TRANSFER TAX $ NONE Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax-Firm GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MOORPARK UNIFIED SCHOOL DISTRICT, a local public agency hereby GRANT(S) to CITY OF MOORPARK, a municipal corporation The real property in the City of MOORPARK County of Ventura, State of California, described as See Attached Exhibit"A" for legal description Dated: Moorpark Unified School District, a Local Public agency By. SEE NEXT PAGE FOR NOTARY STATE OF CALIFORNIA )ss. COUNTY OF ) On before me, 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 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. Signature CASEY ROAD AND WALNUT CANYON ROAD LEGAL DESCRIPTION EXHIBIT "A" Parcel 1 That portion of Lot 13, Tract Number 2 of M.L. Wicks Subdivision in The County of Ventura, State of California per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Beginning at the intersection of the easterly line of said Lot 13 and the northeasterly line of Walnut Canyon Road, 40.00 feet wide, as shown on said map, said northeasterly line being parallel to and 20 feet northeasterly of the centerline of said Walnut Canyon Road; thence along the easterly line of said Lot 13; 1) North 00 030'26" East 2.80 feet to a line that lies 2.50' northeasterly of and parallel with said northeasterly line of Walnut Canyon Road; thence along said parallel line, 2) North 62 059'34" West 64.09 feet; thence, 3) North 51 033'09" West 13.93 feet; thence, 4) North 59 039'09" West 35.42 feet to the westerly line of said Lot 13; thence along said westerly line, 5) South 00°30'26" West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence along said northeasterly line, 6) South 62°59'34" East 110.70 feet to the intersection of the easterly line of said Lot 13 and said northeasterly line of Walnut Canyon Road, said intersection being the point of beginning of this description. Parcel 2: That portion of Lot 12, Tract Number 2 of M.L. Wicks Subdivision in The County of Ventura, State of California per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Beginning at the intersection of the northeasterly line of Walnut Canyon Road 40.00 feet wide, as shown on said map, and the westerly line of said Lot 12; thence along said northeasterly line of Walnut Canyon Road, 1) South 62 159'34" East 1.44 feet; to the northerly line of Everett Street, 50.00 feet wide, as shown, but not labeled "Everett Street" on said map, said northerly line being parallel to and 25 feet northerly of the centerline of said Everett Street; thence along said northerly line, 2) South 89°27'24" East 5.67 feet; thence 10-1701 •Il 3) North 63012'2 1- West 7.76 feet to a point in said westerly line, that is distant 2.50 feet northeasterly, measured at right angles from said northeasterly line of Walnut Canyon Road; thence 4) South 0°30'26" West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon Road and the westerly line of said Lot 12, said intersection being the point of beginning of this description. Parcel 3• That portion of Lot 15, Tract Number 2 of M.L. Wicks Subdivision in The County of Ventura. State of California per map recorded in Book 5, page 37 of Miscellaneous Records (Maps) in the office of the Ventura County Recorder, described as follows: Commencing at the most southerly corner of that land described in the deed to Ventura County, a body corporate and politic in the State of California, recorded in Book 180, page 150 of Deeds in the office of said recorder, thence along the northeasterly line of said land (said southerly corner and northeasterly line being shown in State of California, Department of Transportation, surveyors field book 94-049 at page 10), thence North 39°35'50" West, 95.00 feet along said northeasterly line (described as North 39°58' West, 125.20 feet in said deed) to the TRUE POINT OF BEGINNING of this description; thence I) North 28°36'25" West 16.45 feet; thence 2) North 23 005'06" West 16.45 feet; thence 3) North 16°56'24" West 16.45 feet; thence 4) North 11030'57" West 8.23 feet, thence 5) North 7 052'32" West 16.45 feet; thence 6) North 4'14'07" West 7.66 feet to the north line of said Lot 15; thence along said north line, 7) North 89'50'14" West 4.98 feet to the easterly line of that land described in the deed to Ventura County, a body corporate and politic in the State of California, recorded in Book 163, page 394 of Deeds in the office of said recorder; thence 8) South 9°06'53" East 53.77 feet along last said easterly line (described as South 8° 54' East 81.66 feet in last said deed) to the aforementioned easterly line of the land described in said deed recorded in Book 180, page 150; thence along last said easterly line, 9) South 39°35'50" East 31.45 feet to the TRUE POINT OF BEGINNING of this description. �1� 4 s ` • 1. J 10-17-01 . A ce O 2 V ti 2 4 228.5' 100' 100' 100' PAKM a GAS 14 1© 12 � I J1 a 0 p N T S 15 S0' �\ Pmt t N DEDICATIONS EVERETT ST. NOTE, > a ALL BEARINGS ROTATED TO FIT STATE APPRAISAL MAP 25908-C 07-VEN-23-13.7 a of ° o �y f � a r y 5�a3p . ��•+ �2 �3 1 olP Oti r � O YO> N1�5��N� > : 1 59.39'09' W N 61'33.09, ! <47-4ep e � S 00.30'26' W 35.42' 13 �✓ 1 N 62.59'34' W L6409' 93 8.19' `- -�_1- S 62.55'30' E 110.70' c 0 N C/L ------------------------------------------ ------------ ROUTE 23 S r-. A., 2' N. 2 o o I 1ti i,.7' 1.434 :?4/./-) N.\ f. 01 i \ *V `C L`` G 4,' U "'t 1 ,. / rya. .. -4 0) r0 � ' i\ � -5 .,„/ O -0 A' I, c) N ,,,.. ci el '/ ■./ cJ / :1 .'•r"tx . Q' �/ ' bbd&.0 1 h' 2, /• gp�,/ ..//'-'-' ... S ICJ n•S2'�ANN ` •OSS`6 S • f. ,. S9�n, it ` es ^ aS•68N ` .861t IN,VA, d J� d� Exhibit 3 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED CONVEYING TO THE STATE OF CALIFORNIA, CERTAIN STREET RIGHT-OF- WAY ON WALNUT CANYON ROAD REQUIRED FOR THE CONSTRUCTION OF THE CASEY ROAD / WALNUT CANYON ROAD TRAFFIC SIGNAL PROJECT WHEREAS, the Casey Road / Walnut Canyon Road traffic signal and street improvement project required the acquisition of certain additional street right-of-way on the east side of Walnut Canyon Road; and WHEREAS, said additional street right-of-way has been acquired by the City of Moorpark; and WHEREAS, this segment of Walnut Canyon Road is a part of Highway 23 and is, therefore, under the jurisdiction of Caltrans; and WHEREAS, it is necessary and appropriate, therefore, for the City to convey this additional street right-of-way to the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . The City Manager is hereby authorized to execute any deeds and documents necessary to convey to the State of California, the additional street right-of-way on the east side of Walnut Canyon Road acquired for the construction of the Casey Road / Walnut Canyon Road Intersection Improvement Project. SECTION 2 . The City Clerk is hereby directed to forward said deeds and documents to Caltrans for acceptance and recordation. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2001 . Patrick Hunter, Mayor ATTEST: Deborah Traffenstedt, City Clerk Exhibit City of moorpark Casey Road Signal Final Cost Summary December 19,2000 Total Total Eligible Ineligible Total Description Costs(S) Costs(S) Cost(S) Remarks Construction Construction Contract Signals 37,536.50 - Ex 2: Item A20 t CCO$0 5 Roadwork 60,349.05 136,521.37 sub-total X8$333— 136,521.37— � Less Utility Work (1,280.00) 1,280.00 Item A5(per Sec 1.15 sub-total ` V6._0 33— T37XU_1T7 Material Procurement 27,847.00 27,847.00 Includes Controller&Cabinet Total Construction -'TFd;d= 7777UTT3 F —T6TT= Perconent of Total 47.5% 52.5% Preliminary Engineering 22,273.92 24,663.00 46,936.92 Split based on percent of construction costs Construction Engineering 15,503.31 17,166.19 32,669.50 Split based on percent of construction costs R-O-W Acquisition n!a tva n1a Costs ineligible--not shown here City Administration Costs 20,000.00 20,000.00 40,000.00 One half of total costs are to School District related to the Construction Managemanet phase of the the work and are,therefore, considered to be elegible costs per Abdi Saghafi, Caltrans. TOTAL —T9£7.7.7r Fifty percent(50%)of Eligible Cosi 91,114.89 Less cost of State furnished Signal Controller&Cabinet >>> - Ref.Agreement Sec 111-6 Controller&Cabinet State's Share of Project Costs 91,114.89 included in above Material Costs