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HomeMy WebLinkAboutRES CC 2021 3999 2021 0317RESOLUTION NO. 2021-3999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A GRANT OF EASEMENT TO VENTURA COUNTY TRANSPORTATION COMMISSION FOR CONSTRUCTION AND MAINTENANCE OF A SANITARY SEWER CONNECTION AT 31 POINDEXTER AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, the City of Moorpark (CITY) is the owner of APN 511-0-090-200, commonly referred to as 31 Poindexter Avenue; and WHEREAS, the Ventura County Transportation Commission (VCTC) is the owner of APN 511-0-090-410, commonly referred to as 585 Moorpark Avenue, which is immediately adjacent to 31 Poindexter Avenue; and WHEREAS, Southern California Regional Rail Authority (SCRRA), operator of the Metrolink Commuter Rail System, is making improvements to the system on the property owned by VCTC, which includes construction of a sanitary sewer connection to the site; and WHEREAS, in order for SCRRA to construct the sanitary sewer connection a 10- foot wide easement over/under City property is needed; and WHEREAS, CITY is willing to provide the easement subject to the requirements of the easement deed; and WHEREAS, CITY Staff has determined that the installation of a sanitary sewer line on the City-owned property is exempt from the California Environmental Quality Act (CEQA) because it is within the scope of Class 3 Categorical Exemption as provided by State CEQA Guidelines Section 15303 (d) (installation of sewer lines) and there is no evidence of unusual circumstances that apply to this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the Community Development Director's determination that the installation of a sanitary sewer line on the City-owned property is exempt from the California Environmental Quality Act (CEQA) because it is within the scope of Class 3 Categorical Exemption as provided by State CEQA Guidelines Section 15303 ( d) (installation of sewer lines) and there are no unusual circumstances applicable to the project. SECTION 2. Based on the findings contained herein, the City Council approves the grant of easement to the Ventura County Transportation Commission at 31 Poindexter for construction and maintenance of sanitary sewer connection, attached hereto as Exhibit A, and authorizes the Mayor to sign the Easement Agreement. Resolution No. 2021-3999 Page2 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 17th day of March, 2021. ATTEST: ~201Au1Fr1./-) <aice&Parvin, Mayor Resolution No. 2021-3999 Page 3 Exhibit A [Grant of Easement] Resolution No. 2021-3999 Page4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Ventura County Transportation Commission 751 E. Daily Drive Suite 420 Camarillo, CA 93010 Attention: Commission Clerk with a copy to: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103, 27383 EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made on this __ day of ____ , ___ , by and between the City of Moorpark, a California municipal corporation ("Grantor"), and the Ventura County Transportation Commission ("Grantee"). Granter and Grantee shall hereinafter be referred to collectively as the "Parties" and each individually as a "Party." RECITALS A. Granter is the owner of that certain real property situated in the City of Moorpark, State of Califomia, as shown and legally described in the attached Exhibit A ("Grantor's Property"). B. The Southern California Regional Rail Authority ("SCCRA") is constructing safety enhancements to the Metrolink Commuter Rail System in the City of Moorpark on a parcel of property owned by Grantee adjacent to Grantor's Property ("Project"). C. As part of the Project, SCCRA desires to construct and install a sanitary sewer connection to serve the Project, which will cross Grantor's Property. D. In order to facilitate construction of the Project, Grantee has requested Granter to provide a 10-foot wide easement over/under a portion of Grantor's Property to accommodate the sanitary sewer connection, as described and as depicted in the location shown in the attached Exhibit B ("Easement Area"), on the terms and conditions described in this Agreement. E. Granter is willing to provide the easement on the terms and conditions described in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt of which each of the parties hereto does hereby acknowledge, the parties hereto do hereby agree as follows: 4 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 5 AGREEMENT 1. Grant of Easement. Subject to the provisions of this Agreement, and subject to all matters of record (which Grantee covenants not to violate), Granter hereby grants to Grantee a nonexclusive easement for construction, installation, and maintenance of a sanitary sewer connection ("Easement") over and across the Easement Area. With the exception of a proposed City-owned 20 foot by 8 foot trash enclosure ("Trash Enclosure") that will encroach into the Easement Area, Granter will not construct any other improvements except as may be approved by Grantee, which approval shall not be unreasonably withheld or delayed. The location and orientation of the Trash Enclosure is depicted in attached Exhibit C. Grantee accepts the Easement Area in its current "AS IS" condition, without representation or warranty express or implied. Upon completion of the construction of the sanitary sewer connection, Grantee shall (i) restore the surface to the same condition as before the excavation/improvements, and (ii) promptly notify Granter of the completion of work. If Grantee shall fail to comply with clause (i) within sixty (60) days after written demand from Granter, then Granter may repair the Easement Area, and Grantee shall reimburse Granter for costs thereof within ten (10) days after written demand with evidence of the costs. 2. Execution and Recording of Easement Agreement: Runs With the Land and Binds Successors in Interest. Granter agrees that this Agreement shall bind Granter, the Easement Area and Grantor's successors in interest to the Easement Area, and Grantee's successors and assigns. Grantee may record this Agreement with the County Recorder's Office of the County of Ventura. 3. Limitations on Use of Easement. Grantee acknowledges that the easement granted herein is nonexclusive. Granter, its successors, assigns, grantees, tenants, and licensees shall have the right to use the Easement Area in a manner that will not unreasonably interfere with Grantee's use of the Easement Area, including Grantor's use of the Easement for pedestrian and vehicular .access. Each party, and its respective successors, assigns, grantees, and licensees shall refrain from any obstruction of, blockage, or construction in the Easement Area that would unreasonably interfere with the use of the Easement Area by the other party. 4. Maintenance. Grantee shall maintain the sanitary sewer connection and associated infrastructure in a good and safe condition, sufficient to ensure that the use of the Easement does not interfere with Grantor's (and its successors', assigns', grantees', tenants' and licensees') ability to use Grantor's Property. Except for conditions created by Grantee or its contractors or licensees, Granter shall maintain Grantor's Property and the Easement Area in good and safe condition, sufficient to ensure Grantee's ability to use the Easement Area as contemplated in this Agreement at all times. 5. Removal of Sewer Connection. In the event that the sanitary sewer connection is no longer required for the sewer system it connects to (such as would be the case if the sewer system were relocated, replaced with another sewer system elsewhere, removed or no longer used), then upon prior written notice to Granter, Grantee shall remove such connection and infrastructure in such a way that the Trash Enclosure will not be damaged or impacted. Upon removal of the sanitary sewer connection, Grantee shall (i) return the Easement Area to a good and satisfactory condition, (ii) promptly notify Granter of the completion of work, and (iii) promptly execute, acknowledge and deliver to Granter, for recording, any reasonable document terminating this Easement Agreement. If Grantee shall fail to comply with clause (i) within sixty (60) days after written demand from Granter, then Granter may remove the sanitary sewer condition, dispose of 5 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page6 the items removed without liability to Grantee, and Grantee shall reimburse Granter for the costs thereof within ten (10) days after written demand with evidence of the costs. If Grantee shall failr to comply with clause (iii), then Grantor may unilaterally execute and record a recordable termination document. 6. Grantor's Reserved Rights. Notwithstanding the foregoing, Granter reserves on behalf of itself, its agents, contractors, subcontractors, suppliers, consultants, employees, invitees or other authorized persons acting for or on behalf of Granter ("Grantor's Agents"), including but not limited to any lessee, the right to use the Easement Area in any way not inconsistent with this Easement Agreement. 7. Indemnification. (a) Grantee shall indemnify, defend and hold harmless Granter, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities and damages, including payment of reasonable attorneys' fees, arising out of or resulting from the use of the Easement Area or breach of this Easement Agreement by Grantee or its officers, agents, employees, contractors or that are caused by any negligent or willful act or omission of Grantee, or its officers, agents, employees, or contractors. (b) Granter shall indemnify, defend and hold harmless Grantee, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities and damages, including payment of reasonable attorneys' fees, arising out of or resulting from the use of the Easement Area or breach of this Easement Agreement by Grantor or its officers, agents, employees, contractors or that are caused by any negligent or willful act or omission of Granter, or its officers, agents, employees, or contractors. 8. Enforcement. Each party shall have all rights and remedies at law and in equity in order to enforce the Easement and the terms of this Agreement. All rights and remedies available under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other available right or remedy. 9. Amendment. This Agreement may be amended only in writing signed and acknowledged by Granter and Grantee, or their respective successors or successors-in-interest. Any such amendment must be recorded with the County Recorder's Office of the County of Ventura. The City Manager of the Granter shall have the authority to enter into non-substantial amendments or a recordable termination of this Agreement. 10. Venue: Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California with venue in the court of competent jurisdiction in Ventura County. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement. 12. References; Titles. Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural. Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement. 6 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 7 13. Notices. Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial overnight courier that guarantees next day delivery and provides a receipt, or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. Granter: Grantee: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: City Manager Ventura County Transportation Commission 751 E. Daily Drive Suite 420 Camarillo, CA 93010 Attention: Darren Kettle Any mailing address number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 14. Severability. If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement {or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted bylaw. 15. Entire· Agreement. This Agreement, together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the easement which is the subject matter of this Agreement. This Agreement has been drafted by a mutual effort of the parties, and each party waives the benefit of any statute, law or judicial decision providing that ambiguities in an agreement shall be interpreted against the "drafting party." 16. Default. The failure to perform any covenant or obligation of a party hereunder and to cure such non-performance within thirty (30) days of written notice by the party to whom performance is owed shall constitute a default hereunder, provided that if more than thirty (30) days are reasonably required for such cure, no event of default shall occur if the defaulting party commences such cure within such period and diligently prosecutes such cure to completion. Upon such default, the non-defaulting party shall be entitled to all remedies and means to cure or correct such default, both legal and equitable, allowed by operation of law, except termination of the easement herein granted. 17. Survival. All waivers given or made hereunder shall survive termination of this Agreement. 7 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 8 18. a factor. Time of Essence. Time is of the essence of every provision hereof in which time is IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. GRANTEE: GRANTOR: Ventura County Transportation Commission City of Moorpark By:_____________ By: ____________ _ Name: Title: Name: __________ _ Title: ------------ APPROVED AS TO FORM: APPROVED AS TO FORM: VCTC General Counsel City Attorney Attest: Attest: Commission Clerk City Clerk 8 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 9 ACKNOWLEDGMENTS 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. STATE OF CALIFORNIA COUNTY OF ) ) ) On ___________ , before me, _____________ , a Notary Public personally appeared __________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is 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 PENAL TY 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) 9 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 10 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. STATE OF CALIFORNIA COUNTY OF On ___________ , before me, _____________ , a Notary Public personally appeared _____________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is 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 PENAL TY 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) 10 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 11 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Easement Agreement dated ______ from the Granter to the Ventura County Transportation Commission, is hereby accepted by order of its Ventura County Transportation Commission Resolution No. ___ adopted on ___ , and the Ventura County Transportation Commission consents to recordation thereof by its duly authorized officer. Dated: ----------- ATTEST: COMMISSION CLERK VENTURA COUNTY TRANSPORTATION COMMISSION By:------------- Name: ------------ Title: Executive Director Approved as to form: Date: -------- By: -------- VCTC General Counsel [SIGNATURE OF EXECUTIVE DIRECTOR MUST BE ACKNOWLEDGED] 11 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 12 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. STATE OF CALIFORNIA COUNTY OF ) ) ) On ___________ , before me, _____________ , a Notary Public personally appeared __________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is 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 PENAL TY 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) 12 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 13 EXHIBIT A Legal Description and Map of Grantor's Property 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 14 EXHIBIT B Legal Description and Map of Easement Area 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 15 EXHIBITC Location and Orientation of Proposed Trash Enclosure (To be constructed by High St. Arts Center) 15 12853-0036\2489406v3.doc Resolution No. 2021-3999 Page 16 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2021-3999 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of March, 2021, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin None None None WITNESS my hand and the official seal of said City this 17th day of March, 2021. ~ Ky Spake~ (seal)