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HomeMy WebLinkAboutAGENDA REPORT 2020 1007 CCSA SPC ITEM 07ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of October 7, 2020 ACTION Approved Staff Recommendation. (Roll Call Vote: Unanimous). BY B.Garza. A. Consider Cooperation Agreement and Acceptance of Quitclaim Deed from UWC- Moorpark Investors, LTD for Tierra Rejada Park (APN 506-0-271-015). Staff Recommendation: 1) Approve Cooperation Agreement with UWC-Moorpark Investors, LTD, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2) Authorize Acceptance of the Quit Claim Deed from UWC-Moorpark Investors, LTD for Tierra Rejada Park (APN 506-0-271-015), and 3) Direct the City Clerk to accept the Quitclaim Deed and cause the Quitclaim Deed to be recorded in the office of the County Recorder of Ventura County, California, in accordance with Resolution No. 1985- 163. (Staff: Jessica Sandifer) (ROLL CALL VOTE REQUIRED) Item: 7.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Community Services Manager DATE: 10/07/2020 Special Meeting SUBJECT: Consider Cooperation Agreement and Acceptance of Quitclaim Deed from UWC-Moorpark Investors, LTD for Tierra Rejada Park (APN 506- 0-271-015) SUMMARY It is recommended that the City Council approve the Cooperation Agreement and accept the Quitclaim Deed for Tierra Rejada Park. BACKGROUND A condition of the approval of the Mountain Meadows master-planned community was the development of three neighborhood parks. Today the parks are known as Mountain Meadows Park, Country Trail Park, and Tierra Rejada Park. The Developer was conditioned to provide the land, develop the park with the City’s input, and then was supposed to deed the land to the City at the conclusion of the maintenance period. DISCUSSION Tierra Rejada Park was constructed by UWC-Moorpark Investors, LTD (UWC), the developer of the Mountain Meadows community. The park was completed in 1992 and was accepted by the City on January 1, 1993. At the time of the City’s acceptance of the park, for reasons unknown, the deed to transfer the park to the City’s ownership was never prepared nor recorded, however, the City has continuously operated the land as a park since the turnover in 1993. The oversight with the deed was discovered when staff began preparing the application for the Land and Water Conservation Fund (LWCF) grant application for the Inclusive Playground Project. Ownership of the land is a requirement of the application for the LWCF grant. Upon discovery of the oversight, staff was able to track down the original development partners of UWC and has been working with them on the deed and legal description to transfer the land to the City. Item: 7.A. 584 Honorable City Council 10/07/2020 Special Meeting Page 2 As a part of the process to draft the Quitclaim Deed, UWC has requested that the City cooperate with them in resolving any issues that may arise around property tax liability for the property once the deed is recorded by the County Assessor. UWC’s main concern is that the County Assessor may try to assess back property taxes from UWC, since the property was never properly transferred to the City, and it has been in their ownership since the tract map was recorded. Staff does not believe that this will be an issue, because the park was denoted as common area on the Tract Map and therefore was never subject to property taxation per Revenue and Tax Code Section 2188.5. Nevertheless, staff has agreed to assist UWC should any issues arise. To that end, a Cooperation Agreement has been prepared. FISCAL IMPACT There is no fiscal impact from this action, as there is no cost to transfer the property from UWC to the City. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategy 5, Goal 5, Objective 3 (5.5.3) - Seek grant funding for installation of universally accessible play equipment. STAFF RECOMMENDATION 1. Approve Cooperation Agreement with UWC-Moorpark Investors, LTD, and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager; and 2. Authorize Acceptance of the Quit Claim Deed from UWC-Moorpark Investors, LTD for Tierra Rejada Park (APN 506-0-271-015), and 3. Direct the City Clerk to accept the Quitclaim Deed and cause the Quitclaim Deed to be recorded in the office of the County Recorder of Ventura County, California, in accordance with Resolution No. 1985-163. Attachment 1: Quit Claim Deed for Tierra Rejada Park Attachment 2: Cooperation Agreement 585 88600-00031/3827216.1 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Clerk APN: 506-0-271-015 QUITCLAIM DEED THE UNDERSIGNED GRANTOR declares: This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922 (conveyance to a Public Entity), and is exempt from Recording Fees pursuant to California Government Code Section 6103. This Quitclaim Deed is being recorded to confirm title of the within land to the City of Moorpark. It is, and was, the intent of Grantor to grant the within property to Grantee on or about January 1, 1993, to be used as a public park and in fact is, and has been, used as a public park known as Tierra Rejada Park located at 11900 Mountain Trail Drive, Moorpark, California 93021, since on or about January 1, 1993. UWC-MOORPARK INVESTORS, LTD., a California limited partnership (“Grantor”), HEREBY REMISES, RELEASES AND QUITCLAIMS to the City of Moorpark, a California municipal corporation (“Grantee”), the land located in the County of Ventura, State of California, more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference. SUBJECT TO: All liens, encumbrances, easements rights of way, covenants, conditions, restrictions, reservations and all other matters of record. SIGNATURE PAGE FOLLOWS ATTACHMENT 1 586 587 588 589 590 EXHIBIT "A" 88600-00031/3827216.1 EXHIBIT "A" LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL “E” OF TRACT NO. 4141-4, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 106, PAGES 39 THROUGH 44 OF MISCELLANEOUS RECORDS (MAPS), IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER A PORTION OF SAID LAND AS RESERVED BY LOUISE B. COHN, LEE GLASER, THEO. C. PARKER, AND FRANK W. CLARK, JR., AS EXECUTORS OF THE LAST WILL OF A. B. COHN, DECEASED, IN DEED RECORDED JUNE 25, 1952 IN BOOK 1073, PAGE 227 OF OFFICIAL RECORDS. BY INSTRUMENTS RECORDED OCTOBER 31, 1966 IN BOOK 3062, PAGE 39, BOOK 3062, PAGE 40 AND BOOK 3062, PAGE 41, ALL OF OFFICIAL RECORDS, ANY RIGHT OF SURFACE ENTRY ON THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET WAS EFFECTIVELY RELEASED. ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER A PORTION OF SAID LAND AS RESERVED BY MORRIS B. COHN AND HATTIE B. COHN IN DEED RECORDED JUNE 25, 1952 IN BOOK 1073, PAGE 229 OF OFFICIAL RECORDS. BY AN INSTRUMENT RECORDED OCTOBER 31, 1966 IN BOOK 3062, PAGE 68 OF OFFICIAL RECORDS, ANY RIGHT OF SURFACE ENTRY IN THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET WAS EFFECTIVELY RELEASED. ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/8TH OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND AS RESERVED BY GERTRUDE C. COHN, A MARRIED WOMAN, IN DEED RECORDED AUGUST 9, 1956 IN BOOK 1433, PAGE 133 OF OFFICIAL RECORDS. BY AN INSTRUMENT RECORDED OCTOBER 31, 1966 IN BOOK 3062, PAGE 66 OF OFFICIAL RECORDS, ANY RIGHT OF SURFACE ENTRY ON THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET WAS EFFECTIVELY RELEASED. ALSO EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID OIL, GAS, PETROLEUM AND OTHER MINERALS OR HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF WELLS DRILLED INTO SAID SUBSURFACE OF SAID LAND FROM DRILL SITES 591 2 88600-00031/3827216.1 LOCATED ON OTHER LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID DEPTH OF FIVE HUNDRED (500) FEET, FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY LIBERTY BELL RANCH, A PARTNERSHIP, IN DEED RECORDED MARCH 21, 1961 AS INSTRUMENT NO. 11796 IN BOOK 1977, PAGE 181 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF WELLS DRILLED INTO SAID SUBSURFACE OF SAID LAND FROM DRILL SITES LOCATED ON OTHER LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT SAID GRANTOR , ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET, FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY LIBERTY BELL RANCH, A PARTNERSHIP, IN DEED RECORDED OCTOBER 26, 1961 AS INSTRUMENT NO. 46875 IN BOOK 2064, PAGE 215 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF WELLS DRILLED INTO SAID SUBSURFACE OF SAID LAND FROM DRILL SITES LOCATED ON OTHER LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT SAID GRANTOR , ITS SUCCESSORS AND ASSIGNS, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET, FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY LIBERTY BELL RANCH, A PARTNERSHIP, IN DEED RECORDED OCTOBER 26, 1961 AS INSTRUMENT NO. 46882 IN BOOK 2064, PAGE 264 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE REMAINING ONE-HALF OF THE OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID OIL, GAS, PETROLEUM AND OTHER MINERALS OR HYDROCARBON SUBSTANCES 592 3 88600-00031/3827216.1 FROM SAID LAND BY MEANS OF WELLS DRILLED INTO SAID SUBSURFACE OF SAID LAND FROM DRILL SITES LOCATED ON OTHER LAND, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET FOR ANY PURPOSE WHATSOEVER, AS EXCEPTED BY EDWARD ALBERT HEIMBERGER AND MARGO BOLADO HEIMBERGER, IN DEED RECORDED AUGUST 22, 1963 AS INSTRUMENT NO. 49008 IN BOOK 2379, PAGE 79 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE REMAINING ONE-HALF OF THE OIL, GAS, PETROLEUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES IN AND UNDER A PORTION OF SAID LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID OIL, GAS, PETROLEUM AND OTHER MINERALS OR HYDROCARBON SUBSTANCES FROM SAID LAND BY MEANS OF WELLS DRILLED INTO SAID SUBSURFACE OF SAID LAND FROM DRILL SITES LOCATED ON OTHER LAND, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET FOR ANY PURPOSE WHATSOEVER, AS EXCEPTED BY CARL COHEN, ET AL, IN DEED RECORDED AUGUST 22, 1963 AS INSTRUMENT NO. 49012 IN BOOK 2379, PAGE 95 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS BELOW A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID PARCEL “F” BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY UWC-MOORPARK INVESTORS, LTD., A CALIFORNIA LIMITED PARTNERSHIP IN THE DEED RECORDED APRIL 12, 1988 AS INSTRUMENT NO. 88- 047917 OF OFFICIAL RECORDS. PRIOR APN: 506-0-271-015 593 1 Cooperation Agreement 88600-00031/3841548.1 COOPERATION AGREEMENT THIS COOPERATION AGREEMENT (this “Agreement”) is entered into as of ___________, 2020, by and between UWC-MOORPARK INVESTORS, LTD., a California limited partnership (the “Partnership”), and the CITY OF MOORPARK, a California municipal corporation (the “City”), with respect to the following: WHEREAS, the Partnership and the City both intended for the Partnership to grant that certain real property legally described on Exhibit A attached hereto (the “Property”) to the City on or around January 1, 1993. WHEREAS, both the Partnership and the City believed that the Partnership had conveyed the Property to the City on or around January 1, 1993, and, since the date of the intended conveyance, the Property has been used as a public park. WHEREAS, title to the Property was inadvertently not conveyed to the City. WHEREAS, the Partnership now desires to execute and record the Quitclaim Deed attached hereto as Exhibit B (the “Deed”) in order to confirm that title to the Property is vested in the name of the City, which has held the beneficial interest in the Property since the date of the intended conveyance. WHEREAS, the parties now desire to enter into this Agreement in order to provide that the City will cooperate with the Partnership as set forth herein. NOW, THEREFORE, the parties hereby agree as follows: 1.Cooperation. In the event of any “Examination” (as hereinafter defined), the City will reasonably cooperate with the Partnership in order to resolve such Examination without the imposition of any tax, penalty, or other liability being imposed on any of the “Covered Parties” (as hereinafter defined). For these purposes: a.The term "Covered Parties” means (i) the Partnership, (ii) the Partnership’s successors and assigns, and (iii) the Partnership’s constituent partners, including both direct partners and persons that own indirect beneficial interests in the Partnership. b.The term “Examination” means any inquiry, examination or audit by the office of the County Assessor of Ventura County, California, or any other state or county authority, as a result of the recordation of the Deed. 2.Third Party Beneficiaries. Each of the Covered Parties (other than the Partnership) is hereby made a third-party beneficiary of this Agreement. 3.Recitals. The recitals to this Agreement are incorporated herein and made a part hereof as if such recitals were set forth in the body of this Agreement. ATTACHMENT 2 594 88600-00031/3841548.1 4. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. The parties herein shall be entitled to rely upon and enforce a facsimile or scanned e-mail copy of any authorized signature as if it were the original. [Signature page follows] 595 Signature Page Cooperation Agreement 88600-00031/3841548.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first mentioned above. PARTNERSHIP: UWC-MOORPARK INVESTORS, LTD., a California limited partnership By: UWC-Moorpark General, a California limited partnership, Its General Partner By: RBD Corporation, a California corporation, Its General Partner By: __________________ Steven Rottman Its President By: __________________ Beth Burnam, Its Secretary CITY: CITY OF MOORPARK, a California municipal corporation By: ___________________________ ___________________________ Its: ___________________________ 596 Exhibit A Cooperation Agreement 88600-00031/3841548.1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 597 Exhibit B Cooperation Agreement 88600-00031/3841548.1 EXHIBIT B QUITCLAIM DEED [See attached] 598