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Home My WebLink AboutAGENDA REPORT 2022 0921 CCSA REG ITEM 10LCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 21, 2022 ACTION ADOPTED RESOLUTION NO. 2022-4136. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. L. Consider Acceptance of an Amendment to the Temporary Construction Easement Agreement from National Ready Mixed Concrete Co. to the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2022-4136 Approving the Temporary Construction Easement Agreement and authorizing the execution of a Certificate of Compliance in Connection Therewith. (Daniel Kim, City Engineer/Public Works Director) (ROLL CALL VOTE REQUIRED) Item: 10.L. 12853-0001\2709670v2.doc Item: 10.L. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 09/21/2022 Regular Meeting SUBJECT: Consider Acceptance of an Amendment to the Temporary Construction Easement Agreement from National Ready Mixed Concrete Co. to the City of Moorpark SUMMARY In 2017, the City obtained a temporary construction easement from National Ready Mix Company (NRM) in connection with the Princeton Avenue Improvement Project. On April 11, 2022, NRM granted an extension of that temporary construction easement by way of an Amendment to the 2017 Temporary Construction Easement Agreement, which Amendment was executed by the City on April 20, 2022, and recorded on April 25, 2022. This action will formalize the City’s acceptance of that Amendment as required by law. BACKGROUND The Princeton Avenue Improvement Project is a long-planned critical project to widen and improve Princeton Avenue. Completion of the Project requires a temporary construction easement to use a portion of NRM’s property in connection with construction of the Project. In 2017, NRM granted that temporary construction easement. NRM has provided an Amendment to the temporary construction easement to extend the time for the City’s use of the easement area until July 28, 2025, or when the City completes the Project, whichever occurs first. City Council now needs to formally approve the Amendment so as to ensure all steps required for its approval and use have been accomplished. 496 Honorable City Council 09/21/2022 Regular Meeting Page 2 -2- 12853-0001\2709670v2.doc DISCUSSION The temporary construction easement is generally described as follows: Temporary Construction Easement Agreement Variable width easement along NRM’s frontage on Princeton Avenue, approximately 24,115 square feet required for construction activities associated with the widening of Princeton Avenue. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Adopt Resolution No. 2022-____ approving the Temporary Construction Easement Agreement and authorizing the execution of a Certificate of Compliance in connection therewith. Attachment: Draft Resolution No. 2022-____ 497 12853-0019\2716624v1.doc RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN AMENDMENT TO A TEMPORARY CONSTRUCTION EASEMENT FROM NATIONAL READY MIX COMPANY TO EXTEND THE DURATION OF SUCH EASEMENT AND AUTHORIZING THE EXECUTION OF A CERTIFICATE OF ACCEPTANCE IN CONNECTION THEREWITH WHEREAS, the City is undertaking the Princeton Avenue Improvement Project which is a long-planned critical street improvement project to improve an important segment of Princeton Avenue located between Spring Road on the west and Condor Drive on the east; and WHEREAS, construction of the Project requires the City to utilize an approximate 24,115 square foot portion of the property owned by National Ready Mix Company, a California Corporation, (NRM), which property is identified as Ventura County Tax Assessor Numbers 512-0-160-635 and 512-0-160-755; and WHEREAS, in 2017, NRM granted the City a temporary construction easement by way of that certain Temporary Construction Easement Agreement which was recorded on June 28, 2017 as Document Number 20170628-0083817-0 1/13 which allowed the City to utilize a portion of the NRM property to construct certain roadway improvement; and WHEREAS, due to Project delays, the City needed to extend the permitted duration of the temporary construction easement; and WHEREAS, on April 11, 2022, NRM approved an Amendment to the Temporary Construction Easement Agreement by which NRM granted the City an extension to the duration of the temporary construction easement until July 28, 2025, or until the Project is complete, whichever occurs first; and WHEREAS, the Amendment to the Temporary Construction Easement was executed by the City on April 20, 2022, and was recorded in the Ventura County Recorder’s Office as Document Number 2022000050640 on April 25, 2022; and WHEREAS, the City now desires to formalize the City’s approval and acceptance of the Amendment to the Temporary Construction Easement by the adoption of this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the Amendment to the Temporary Construction Easement Agreement, attached hereto as Exhibit A and incorporated herein by this reference. ATTACHMENT 498 Resolution No. 2022-_____ Page 2 12853-0019\2716624v1.doc SECTION 2. The City Council hereby approved the Certificate of Acceptance for the Amendment to the Temporary Construction Easement, attached hereto as Exhibit B and incorporated herein by this reference, and authorizes the City Manager to execute that Certificate. 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 21st day of September, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk Attachments: Exhibit “A” – Amendment to Temporary Construction Easement Agreement Exhibit “B” – Certificate of Acceptance 499 Resolution No. 2022-_____ Page 3 12853-0019\2716624v1.doc EXHIBIT “A” Amendment to Temporary Construction Easement Agreement 500 Recording Requested by and when recorded return to: City of Moorpark 799 Moorpark Ave. Moorpark, California 93021 Attention: City Clerk 2022000050640 Recorded in Official Records Ventura County Clerk-Recorder Mark A. Lunn 04/25/2022 02:02 PM VEN CERVANTD Titles: 1 Pages: 8 Fees: $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel Nos. 512-0-160- 635 and 512-0-160-755 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Moorpark and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code§ 6103) and Documentary Transfer Tax (Rev. and Tax. Code§ 11922). AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Amendment to Temporary Construction Easement Agreement (Amendment) is entered into by and between National Ready Mixed Concrete Co., a California corporation, successor by merger to Conejo Ready Mix, Inc., a California Corporation (Grantor) and the City of Moorpark, a municipal corporation (City or Grantee) and is effective on the date it is fully executed. Grantor and the City are referred to below collectively as the "Parties". This Amendment is based on the following facts, which are incorporated herein by this reference: A. Grantor is the record owner of that certain real property identified as Ventura County Tax Assessor's Parcel Numbers 512-0-160-635 and 512-0-160-755 (Grantor's Property). B. Consistent with City of Moorpark Planning Commission Resolution No. PC- 2016-615 (CUP), Grantor granted to the City an approximate 24,115 square foot Temporary Construction Easement (Subject TCE) on Grantor's Property pursuant to that certain Temporary Construction Easement Agreement recorded on June 28, 2017 as Document Number 20170628- 0083817-0 1/13 (Recorded TCE Agreement). Pursuant to the Recorded TCE Agreement, Gran tor authorized the City to use the Subject TCE to facilitate the City's construction of public street improvements in connection with Princeton Avenue Roadway Improvement Plan (Project No. 8012), including but not limited to public street, retaining walls, curb, gutter, drainage, utilities, landscaping and related improvements (Project). The Recorded TCE Agreement is incorporated herein by this reference. The Subject TCE is described more particularly in Exhibit A" and depicted on Exhibit "B" hereto. C. Due to unexpected delays in securing the necessary approvals and funding for the Project, the City was unable to award construction of the Project until February 2022. The City has not used the approximate 24,115 square foot Subject TCE. It is necessary for the Parties to extend the term of the TCE to ensure that the City is authorized to use the approximate 24,115 EXHIBIT AResolution No. 2022-________ Page 4 501 square foot Subject TCE to construct the Project consistent with Conditions 11 and 12 of the CUP. D. Accordingly, the Parties wish to amend Section 2 of the Subject TCE to extend the term of the Temporary Construction Easement as set forth below to authorize the City to use the Subject TCE to construct the Project. NOW, THEREFORE FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, Grantor and the City agree to amend Section 2 of the Recorded TCE Agreement to read as follows : 2. Term of Temporary Construction Easement. The City's right to use the Temporary Construction Easement under the Recorded TCE Agreement commenced on June 28, 2017, which is the date the Recorded TCE Agreement was recorded in the official record s of the County of Ventura (commencement date). The term of the Temporary Construction Easement shall automatically terminate on the earlier of (i) July 28, 2025, or (ii) the date the City record s either a (a) Notice of Completion for the construction contract in connection with Project No . 8012 or (b) Notice of Termination of Temporary Construction Easement. In the event that the City delivers a written notice to Grantor per Condition No . 25 of the CUP that improvements along the Princeton Avenue frontage associated with Project No. 8012 have been completed, the City shall be required to record a Notice of Termination of Temporary Construction Easement within ten ( 10) days after the delivery of such written notice . All other terms of the Recorded TCE Agreement remain in place and are not amended by this Amendment to Temporary Con struction Easement Agreement. IN WITNESS WHEREOF, Grantor and the City have entered into thi s Agreement as of the date it is fully executed by the Parties . GRANTOR NATIONAL READY MIXED CONCRETE CO. a California corporation, successor by merger to CONEJO READY MIX, INC., a California corporation Dated : Arr·, j 1/, 2-oz;z._ By: D ated: --------By: ________ _ Resolution No. 2022-________ Page 5 502 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 1 ) County of \tentttra ~ ~ t:t..t..c.t1.. •"; On ___ 4.._{ •....,t{_1,0_,,_·v_1_· ___ _, before me, t-y '?:½f'"' \)r 6c>1-L .... \,']h--i , JJ-~f ~ insert name and title of the officer) ~ Notary Public, personally appeared s \e,\: e)-\ -1 (Ua Lode I who proved to me on the basis of satisfactory evidence to be the person(.sr-whose name(.s,r is/~bscribed to the within instrument and acknowledged to me that he,lahe/th-ey executed the same in his/Rertthetrauthorized capacity(~and that by his/hff /thetrsignaturet-strn,-the instrument the personW;or the entity upon behalf of which the persor,ifs-)'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_..----~·-·.:_,, -- EVELYN°0, EDINGTON COMM. #2363879 z Notary Public -California e; San Bernardino County .... M Comm, Ex ires Jul 30, 2025 Seal) Resolution No. 2022-________ Page 6 503 GRANTEE CITY OF MOORPARK, a municipal corporation Dated : ~ / 2o / 7.2... ATTES T : APPROVED AS TO FORM: Richards , Wat so n & Gershon J/ '1 ~ \ By. ~ ~ ~ Kevin Enni s, C it y Attorney By :_=:s..___;~-,:::_ ______ _ T "-.L._~..- Resolution No. 2022-________ Page 7 504 CITY OF MOORPARK 799 Moor p ark Avenu e, Moorpark , Cali for ni a 93021 I Ph on e (805 ) 517-6200 I Fax (805 ) 532 -2205 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. PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ss. On this 20th of April in the year 2022, before me, Ky Spangler, City Clerk of the City of Moorpark, personally appeared Troy Brown, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and who is personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as the City Manager of the City of Moorpark, and that by his signature on the instrument, acknowledged to me that the City of Moorpark 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 City Clerk J AN ICE S. PARV IN Mayor DR. ANTON IO CASTRO Co uncilmem ber CHR IS ENEGREN Cou ncilm ember DAN IEL G ROFF Councilm ember DA YID POLLOCK Councilm ember Resolution No. 2022-________ Page 8 505 Exhibit "A" EXHIBIT "A" LEGAL DESCRIPTION All that portion of Parcel A as described in Document No. 2007-123849 of Official Records, in the City of Moorpark, County of Ventura, State of California, recorded in the Office of the County Recorder of said County, lying northwesterly of a line that is parallel with and 60 feet southeasterly, measured at right angle, from the following described line: Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52, Pages 58 through 61, inclusive, of Records of Survey as "N87°17'49"E M & BASIS OF BEARINGS", being a point on the centerline of West Los Angeles Avenue as shown thereon, now known as Princeton Avenue; thence along said centerline 1st -North 87°46'51" East 816.13 feet to an angle point thereon; thence, continuing along said centerline, 2nd -North 71 °36'08" East 397.26 feet; thence, leaving said centerline, 3rd -North 59'08'29" East 234.22 feet to the beginning of a tangent curve concave northwesterly having a radius of 458.96 feet; thence, along said curve, 4th -Northeasterly through a central angle of 24 °39'22" an arc length of 197.50 feet; thence, 5th -North 34 '29'07" East 178.96 feet to the beginning of a curve concave southeasterly, having a radius of 504.95 feet; thence, along said curve, 6th -Northeasterly through a central angle of 31 °47'42" an arc length of 280.21 feet; thence, 7th -North 66°16'49" East 500.42 feet to the beginning of a curve concave southerly, having a radius of 700.00 feet; thence, along said curve, 8th -Easterly through a central angle of 24 °12'17" an arc length of 295. 72 feet. TOGETHER with that portion of Parcel 1 as shown in Book 10, Page 4 of Parcel Maps, recorded in the Office of the County Recorder of said County, lying northwesterly of the following described line: Beginning at the intersection of a concentric curve lying 75 feet southeasterly, measured at right angle, from the above described 6th course with the northeasterly line of said Parcel 1, being the beginning of a curve concave southeasterly having a radius of 429.95 feet, a radial line to said beginning of curve bears North 24 '29'21" West; thence, southwesterly along said concentric curve, through a central angle of 4 '07'13" an arc length of 30.92 feet. TOGETHER with all that portion of said Parcel A, lying northwesterly of a line lying 60 feet southeasterly, measured at right angles from the above described 6th , 7th and 8th courses. EXCEPT therefrom all that portion of said Parcel A, lying northwesterly of a line that is parallel with and lying 40 feet southeasterly, measured at right angle, from the above described eight (8) courses. Resolution No. 2022-________ Page 9 506 Containing an area of 24 , 115 square feet, more or less. All bearin gs and distances described herein are based on the Californ ia Coordinate System of 1983 CCSB3), Zone 5, 2007.0 epoch. To obtain ground distances, multip ly distances shown herein by 1 .00006602. Resolution No. 2022-________ Page 10 507 Ex hibit "B" c,"'-"' .... ~\) c,O~S i>- SCA LE : 1 "= 1oo· -- 0 --100 200 300 ROAD RIGf-JT-OF-WAY 20,403 SQ. FT.) TEMPORARY CONSTRUCTION EASEMENT (24,115 SQ . FT.) EXHIBIT "B" 5/15/2017 WO 18305.01 18305LEGL-100SCALE.dwg APN 512-0-160-635 & 755 Resolution No. 2022-________ Page 11 508 Resolution No. 2022-_____ Page 12 12853-0019\2716624v1.doc EXHIBIT “B” Certificate of Acceptance 509 Resolution No. 2022-_____ Page 13 12853-0019\2716624v1.doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the certain Amendment to Temporary Construction Easement Agreement dated April 20, 2022, from National Ready Mix Company to the City of Moorpark, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Moorpark pursuant to the authority conferred by action of the City of Moorpark on September 21, 2022, and the grantee consents to recordation thereof by its duly authorized officer. Dated: , 2022 _________________________________ Troy Brown, City Manager 510 CITY OF MOORPARK JANICE S. PARVIN Mayor DR. ANTONIO CASTRO Councilmember CHRIS ENEGREN Councilmember DANIEL GROFF Councilmember DAVID POLLOCK Councilmember 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov 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. PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) On this ___ day of __________ in the year 2022, before me, Ky Spangler, City Clerk of the City of Moorpark, personally appeared Troy Brown, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hisr authorized capacity as the City Manager of the City of Moorpark, and that by his signature on the instrument, acknowledged to me that the City 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 Ky Spangler, CMC City Clerk Resolution No. 2022-______ Page 14 511