HomeMy WebLinkAboutAGENDA REPORT 2022 0426 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of April 26, 2022
ACTION: Approved Staff Recommendation,
with Modified Conditions of
Approval, Including Adoption of
Resolution No. PC-2022-668.
BY: J. Lugo
A. Consider Resolution No. PC-2022-668, Making a Determination that the Proposed
Vacation and Dedication of Right-of-Way Adjacent to 5751 Condor Drive is in
Conformance with the Moorpark General Plan, Directing Staff to Report that Finding
to the City Council and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith, on the Application of
Condor Industrial Building, LLC. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt Resolution
No. PC-2022-668, making a determination that the proposed vacation and dedication
of right-of-way adjacent to 5751 Condor Drive is in Conformance with the Moorpark
General Plan, directing staff to report this finding to the City Council and finding the
project exempt from the California Environmental Quality Act (CEQA). (Staff: Philip
Neumann)
Item: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Philip Neumann, Assistant Planner
DATE: 04/26/22 Regular Meeting
SUBJECT: Consider Resolution No. PC-2022-668, Making a Determination that
the Proposed Vacation and Dedication of Right-of-Way Adjacent to
5751 Condor Drive is in Conformance with the Moorpark General Plan,
Directing Staff to Report that Finding to the City Council and Making a
Determination of Exemption Pursuant to the California Environmental
Quality Act in Connection Therewith, on the Application of Condor
Industrial Building LLC
STAFF RECOMMENDATION
1.Open the public hearing, accept public testimony, and close the public hearing;
2.Adopt Resolution No. PC-2022-668, making a determination that the proposed
vacation and dedication of right-of-way adjacent to 5751 Condor Drive is in
Conformance with the Moorpark General Plan, directing staff to report this finding
to the City Council and finding the project exempt from the California
Environmental Quality Act (CEQA).
BACKGROUND
To provide clarity through this Staff Report, please note that 5850 Condor Drive required
an address change to 5751 Condor Drive for the Ventura County Fire Department.
On July 15, 2020, City Council approved Industrial Planned Development No. 2019-01
and Conditional Use Permit No. 2020-02 via Resolution No. 2020-3935 for the
development of a 48,787 square-foot, single-story industrial building, and associated site
improvements on an undeveloped 3.46-acre site at 5850 (5751) Condor Drive and made
a determination of exemption under CEQA in connection therewith. Subsequently, a lot
merger was recorded on March 3, 2022, to merge the existing three lots into a single lot
to facilitate the development of the industrial project.
Item: 8.A.
1
Honorable Planning Commission
5751 Condor Drive
04/26/2022 Regular Meeting
Page 2
The 3.46-acre project site is located on the southeast corner of Princeton Avenue and
Condor Drive (Image 1). Surrounding land uses are primarily industrial buildings, single-
family dwellings, community park and school. The site consists of two undeveloped lots
and a corner lot that was previously public right-of-way and covered with asphalt adjacent
to Princeton Avenue. The 0.22-acre property that was formerly Princeton Avenue right-
of-way, at the southeast corner of Condor Drive and Princeton Avenue, was vacated by
the City Council to the property owner on April 4, 2001. The vacation was part of the
conditions of approval for the now-expired Industrial Planned Development Nos. 99-01
and -02, in order to realign the intersection of Princeton Avenue (formerly known as Los
Angeles Avenue) and Condor Drive.
Image 1 - Image of Project Site shown in blue – Industrial Planned Development 2019-01
ANALYSIS
The plans associated with the current project propose private landscaping improvements
on land within the City right-of-way and a bus turnout, sidewalk, and related improvements
located on private property. These improvements were designed with City Staff to
facilitate a smooth radius at the intersection for improved traffic and pedestrian circulation.
The proposed actions would reestablish the property lines so that these improvements
are located appropriately in the private property and the public right-of-way. Exhibits
2
Honorable Planning Commission
5751 Condor Drive
04/26/2022 Regular Meeting
Page 3
depicting the locations of proposed vacation and dedication are included in Attachment
3, Draft Resolution.
Special condition of approval no. 26 required that the applicant provide street dedication
and/or easement documents for consideration to the satisfaction of the City
Engineer/Public Works Director to reset the location of the property line at the back of the
proposed sidewalk. The dedication also provides that property currently in the right-of-
way on which private landscaping improvements are proposed become part of the private
property and are maintained by the applicant. Therefore, the proposed dedication and
vacation of property between 5751 Condor Drive and the City of Moorpark for public
purposes would satisfy special condition no. 26.
General Plan Consistency
Per Section 65402 of the Government Code of the State of California, the proposed
dedication and vacation of right-of-way requires a determination of consistency with the
General Plan by the Planning Commission. Following this determination, the City Council
would consider the request to grant the vacation and dedication. The properties
associated with the Industrial Planned Development include two General Plan land use
designations. The General Plan land use designation for two of the existing lots is Light
Industrial (l-1). The lot on the corner which was previously vacated as right-of-way is
designated Freeway/Right-of-Way (Frwy-R/W) (Attachment 1). The General Plan land
use designation of the corner parcel is proposed to be updated to Industrial Park as part
of the General Plan update to be consistent with the remainder of the site and the
approved development. The proposed action is consistent with the General Plan land
use designations of the subject property.
The General Plan’s Circulation Element designates all roadway classifications within the
City on Figure 2 – Highway Network (Attachment 2). One of the main goals for the
highway network is to ensure appropriate roadway capacity needs are met based on
prevailing traffic volumes during peak hours, while preserving community values and
character. The southwest corner of the property is located on the section of Princeton
Avenue that is classified as a rural collector. The proposed action is consistent with the
General Plan Circulation Element roadway designations of the subject property.
The proposed action is consistent with Goals 1 and 5 of the Circulation Element. Goal 1
states: Provide a transportation system that supports the land use plan in the General
Plan and provides for the safe and efficient movement of people, goods, and services
within, into, out of, and through the City of Moorpark. Goal 5 states: Provide a citywide
system of safe, efficient, and attractive bicycle and pedestrian routes for commuter,
school, and recreational use. Through the dedication of the property, it would provide the
ability for the City to rightfully maintain the sidewalks and bus turnout as they would be
within the public right-of-way, thereby assisting with the necessary safety of the circulation
element.
3
Honorable Planning Commission
5751 Condor Drive
04/26/2022 Regular Meeting
Page 4
The proposed action would also assist with Goals 2 and 3 of the Circulation Element.
Goal 2 states: Provide a circulation system which supports existing, approved, and
planned land uses throughout the City while maintaining a desired level of service on all
streets and at all intersections. Goal 3 states: Adopt and maintain a set of roadway
standards and transportation system design criteria which supports and maintains the
desired character of the City of Moorpark. Through the vacation and dedication, the
property line would be realigned, thus supporting the proposed public and private
improvements in addition to providing an improved radius for the planned right-of-way.
Section 65402 of the Government Code requires the Planning Commission to make a
report as to General Plan conformity prior to the dedication or vacation of any real
property.
ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by resolution, the
Community Development Director or designee determines the level of review necessary
for a project to comply with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category listed in CEQA.
Other projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of a significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines
because the vacation and dedication both solely involve an exchange of property. The
vacation and dedication do not involve any type of construction at this time. Therefore,
Staff has determined that there is no substantial evidence that the project would have a
significant effect on the environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
1.Publication. The notice of the public hearing was published in the Ventura County
Star on April 15, 2022.
2.Mailing. The notice of the public hearing was mailed on April 15, 2022, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assessor
Roles, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s)
subject to the hearing.
4
Honorable Planning Commission
5751 Condor Drive
04/26/2022 Regular Meeting
Page 5
3.Sign. Two 32 square-foot signs were placed on the street frontages on April
14, 2022.
NEXT STEPS
Following a determination by the Planning Commission that the proposed vacation and
dedication of right-of-way is consistent with the General Plan, the vacation and dedication
request will be considered by the City Council at a future meeting.
ATTACHMENTS
1.Location Map – 5751 Condor Drive
2.General Plan Circulation Element, Figure 2 – Highway Network
3.Draft Resolution PC-2022-668 (including Exhibits depicted the proposed vacation
and dedication)
5
Location Map - 5751 Condor Drive
PC ATTACHMENT 1
6
LEGENQ
FREEWAY ;"):= rmtROV\l'IGE
SIX-LA.NE ARTERIAL
FOUR-LANE ARTERIAL
--R--RURAL COli.ECTOR
LOCAL COll..f:CTOR
SIGNALIZED INTERSCCrlON
AT-GRADE RR CROSSING
r,RADE SEP·\R.-\IT:O RR CFH1SSING
-·-·-·-·-· CITY LIMfT OOUNOM\ Y
1 .. ••••DI SR-118 FREEWAY CURRIDOR
'\;(JT'f.. Thu m•>) 9•:.0::J ru:n ~1nr., prec!.K •Ugru:ru:nu trn lvn .. r~
, ... ..,..."' ?!~&Jo< :o-uuu '"'""' 11'ic C.rr ,,, .\.frx•'T'•t\ P ~ooc
""nr..., n,.,,.r:~"''H 1n.1 Cutt.::ou.r..r, [X-..t:1opm~"1 CX-p.i,nmct.1
rnr Jd>J•""".i.~ •flhi,.rr.•'""''
FIGURE 2
CITY OF MOORPARK
GENERAL PLAN CIRCULATION ELEMENT
HIGHWAY NETWORK
May 13, 1992
19
I
PC ATTACHMENT 2
7
RESOLUTION NO. PC-2022-668
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, MAKING A DETERMINATION
THAT THE PROPOSED VACATION AND DEDICATION OF RIGHT-
OF-WAY ADJACENT TO 5751 CONDOR DRIVE IS IN
CONFORMANCE WITH THE MOORPARK GENERAL PLAN,
DIRECTING STAFF TO REPORT THAT FINDING TO THE CITY
COUNCIL AND MAKING A DETERMINATION OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF
CONDOR INDUSTRIAL BUILDING LLC
WHEREAS, consideration is being given to the proposed vacation of a portion of
Condor Drive for 5751 Condor Drive and dedication of portions from 5751 Condor Drive;
and
WHEREAS, Special Condition of Approval No. 26 of Resolution No. 2020-3935
required the applicant to provide street dedication and/or easement documents for
consideration to the satisfaction of the City Engineer/Public Works Director; and
WHEREAS, the Planning Commission of the City of Moorpark has reviewed this
proposed dedication and vacation and has found them to be in conformance with the
Moorpark General Plan as required by Section 65402 of the Government Code of the
State of California; and,
WHEREAS, at a duly noticed public hearing on April 26, 2022, for the proposed
vacation and dedication of right-of-way adjacent to 5751 Condor Drive is in Conformance
with the Moorpark General Plan, the Planning Commission considered said dedication
and vacation, including the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both for
and against the proposal.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, based on its own independent analysis and judgment, concurs with the
Community Development Director’s determination that the project is categorically exempt
from the requirements of the CEQA pursuant to Section 15301 (Class 1: Existing
Facilities) of the CEQA Guidelines. No further environmental documentation is needed.
SECTION 2. The following findings are made pursuant to the requirements of
Section 65402 of the State of California Government Code:
8
PC ATTACHMENT 3
Resolution No. PC-2022-668
Page 2
A.The vacation of the portion of right-of-way along Condor Drive for 5751 Condor
Drive as more particularly described and shown on Exhibit ‘A’, attached hereto and
made a part hereof, is hereby found to be in conformance with the Moorpark
General Plan.
B.The right-of-way dedication to the City of Moorpark of portions of 5751 Condor
Drive more particularly described and shown on Exhibit ‘B’, attached hereto and
made a part hereof, is hereby found to be in conformance with the Moorpark
General Plan.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 26th day of April 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A – Area to be Vacated for 5751 Condor Drive, Moorpark, CA
Exhibit B – Area to be Dedicated from 5751 Condor Drive, Moorpark, CA
9
PARCEL 1:
THAT PORTION OF CONDOR STREET, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, ADJOINING LOT 15 OF TRACT NO. 3492 AS
PER MAP RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF
MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, ALSO ADJOINING THAT VACATED PORTION OF LOS ANGELES AVENUE
AS DESCRIBED IN RESOLUTION NO. 2000-1747 RECORDED ON JULY 17, 2000, IN
SAID OFFICE OF COUNTY RECORDER, LYING NORTHERLY OF THE LINE DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, SOUTH 81
DEGREES 06 MINUTES 24 SECONDS WEST 86.02 FEET FROM WESTERLY TERMINUS
OF A CURVE WITH RADIUS OF 470.00 FEET, A LENGTH OF 135.61 FEET AND
THROUGH A TURNED ANGLE OF 16 DEGREES 31 MINUTES 54 SECONDS; THENCE
SOUTH 09 DEGREES 22 MINUTES 35 SECONDS EAST 1.90 FEET; THENCE SOUTH 81
DEGREES 28 MINUTES 29 SECONDS WEST 13.75 FEET TO A TANGENT CURVE
CONCAVE NORTHERLY WITH A RADIUS OF 92.00 FEET; THENCE WESTERLY ALONG
SAID CURVE 66.34 FEET THROUGH A TURNED ANGLE OF 41 DEGREES 18 MINUTES
50 SECONDS TO THE SOUTHERLY LINE OF SAID VACATED PORTION OF LOS
ANGELES AVENUE.
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Cynthia A. de Leon
03/17/2022(e.signed)
Resolution No. PC-2022-668
EXHIBIT A
Area to be Vacated for 5751
Condor Street
EXHIBIT “A”
AREA TO BE VACATED
FOR 5751 CONDOR STREET, MOORPARK, CA
10
Cynthia A. de Leon
03/17/2022
(e.signed)
11
Vacation Closure Calc. Report
Client: Prepared by:
Paul Minoo Cynthia De Leon
M&G Engineering & Land Surveying
347 S. Robertson Blvd. Beverly Hills, CA 90211
Date: 03/16/2022
PortionofCondorStreettoBeVacated
Description:Parcel1
ProcessSegmentOrderCounterclockwise:False
North:4918.3566'East:4682.4606'
Segment#1:Line
Course:S09°22'34.60"ELength:1.898'
North:4916.4840'East:4682.7698'
Segment#2:Line
Course:S81°28'29.00"WLength:13.747'
North:4914.4461'East:4669.1747'
Segment#3:Curve
Length:66.338'Radius:92.000'
Delta:41°18'50"Tangent:34.685'
Chord:64.910'Course:N77°52'06.10"W
CourseIn:N08°31'31.00"WCourseOut:S32°47'18.79"W
RPNorth:5005.4295'East:4655.5361'
EndNorth:4928.0874'East:4605.7143'
Segment#4:Curve
Length:50.032'Radius:270.000'
Delta:10°37'02"Tangent:25.088'
Chord:49.960'Course:S81°11'48.31"E
CourseIn:N14°06'42.37"ECourseOut:S03°29'41.00"W
RPNorth:5189.9394'East:4671.5441'
EndNorth:4920.4415'East:4655.0857'
Cynthia A. de Leon
03/17/2022(e.signed)
12
Segment#5:Curve
Length:21.304'Radius:35.000'
Delta:34°52'37"Tangent:10.994'
Chord:20.978'Course:S81°26'19.33"E
CourseIn:N25°59'58.73"ECourseOut:S08°52'37.40"E
RPNorth:4951.8994'East:4670.4285'
EndNorth:4917.3185'East:4675.8300'
Segment#6:Line
Course:N81°06'24.00"ELength:6.712'
North:4918.3562'East:4682.4613'
Perimeter:160.031'Area:349.89Sq.Ft.
ErrorClosure:0.0009Course:S58°12'34.52"E
ErrorNorth:Ͳ0.00046East:0.00074
Precision1:175783.333
Cynthia A. de Leon
03/17/2022
(e.signed)
13
EXHIBIT “A”
AREAS TO BE DEDICATED
FROM 5751 CONDOR AVENUE, MOORPARK, CA
PARCEL 1:
THAT VACATED PORTION OF LOS ANGELES AVENUE, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, WITHIN TRACT 3492, AS PER MAP
RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF MISCELLANEOUS
RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
DESCRIBED IN RESOLUTION NO. 2000-1747 (VACATION NO. V-2000-1),
RECORDED ON JULY 17, 2000, IN SAID OFFICE OF COUNTY RECORDER, LYING
WESTERLY OF THE LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT 3492;
THENCE NORTHWESTERLY ALONG THE PROLONGATION OF THE NORTHERLY LINE OF
SAID LOT, NORTH 82 DEGREES 06 MINUTES 24 SECONDS WEST 3.20 FEET;
THENCE SOUTH 07 DEGREES 54 MINUTES 30 SECONDS WEST 210.48 FEET TO
A TANGENT CURVE CONCAVE TO THE WEST WITH A RADIUS OF 447.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A TURNED ANGLE OF 01
DEGREES 16 MINUTES 19 SECONDS WITH A LENGTH OF 9.92 FEET TO THE
TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 40.50 FEET AND A RADIAL
BEARING OF SOUTH 81 DEGREES 27 MINUTES 05 SECONDS EAST; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A TURNED ANGLE OF 24 DEGREES 24
MINUTES 53 SECONDS AND AN ARCLENGTH OF 17.26 FEET TO A POINT ON A
REVERSE CURVE WITH A RADIUS OF 48.00 FEET; THENCE SOUTHERLY 25.33
FEET ALONG SAID CURVE THROUGH A TURNED ANGLE OF 30 DEGREES 14
MINUTES 19 SECONDS TO A POINT ON A COMPOUND CURVE WITH A RADIUS
OF 457.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 50.83 FEET
THROUGH A TURNED ANGLE OF 06 DEGREES 22 MINUTES 21 SECONDS TO A POINT
ON A COMPOUND CURVE WITH A RADIUS OF 48.00 FEET; THENCE SOUTHERLY
ALONG SAID CURVE 25.33 FEET THROUGH A TURNED ANGLE OF 30 DEGREES 14
MINUTES 19 SECONDS TO A REVERSE CURVE WITH RADIUS OF 40.50 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 17.47 FEET THROUGH A CENTRAL
ANGLE OF 24 DEGREES 42 MINUTES 35 SECONDS TO A POINT ON THE
WESTERLY LINE OF SAID VACATED PORTIONS OF LOS ANGELES AVENUE PER
RESOLUTION NO. 2000-1747, SAID POINT HAVING A RADIAL OF SOUTH 63
DEGREES 43 MINUTES 34 SECONDS EAST.
Cynthia A. de Leon
03/17/2022
(e.signed)
Resolution No. PC-2022-668
EXHIBIT B
Areas to be Dedicated from 5751
Condor Avenue
14
PARCEL 2:
THAT VACATED PORTION OF LOS ANGELES AVENUE, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, WITHIN TRACT 3492, AS PER MAP
RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF MISCELLANEOUS
RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
DESCRIBED IN RESOLUTION NO. 2000-1747 (VACATION NO. V-2000-1),
RECORDED ON JULY 17, 2000, IN SAID OFFICE OF COUNTY RECORDER, LYING
WESTERLY OF THE LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT NO. 3492;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 15, SOUTH 05 DEGEES 18
MINUTES 17 SECONDS WEST 405.15 FEET TO A POINT ON A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE, 42.35 FEET THROUGH A CENTRAL ANGLE OF
69 DEGREES 19 MINUTES 20 SECONDS TO A POINT ON A NON-TANGENT CURVE
CONCAVE NORTHERLY AND HAVING A RADIAL OF 270.00 FEET, A RADIAL BEARING
NORTH 03 DEGREES 29 MINUTES 41 SECONDS EAST; THENCE EASTERLY ALONG
SAID CURVE, 50.03 FEET THROUGH A CENTRAL ANGLE OF 10 DEGREES 37
MINUTES 02 SECONDS TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON
A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 92.00
FEET AND A RADIAL BEARING OF NORTH 32 DEGREES 47 MINUTES 19 SECONDS
EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 8.59 FEET THROUGH A TURNED
ANGLE OF 05 DEGREES 21 MINUTES 08 SECONDS; THENCE NORTH 51 DEGREES 51
MINUTES 34 SECONDS WEST 3.35 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST WITH A RADIUS OF 42.01 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE 5.51 FEET THROUGH A TURNED ANGLE OF 07 DEGREES 30 MINUTES 55
SECONDS; THENCE NORTH 18 DEGREES 51 MINUTES 41 SECONDS WEST 36.15 FEET
TO A NON-TANGENT CURVE CONCAVE TO THE EAST WITH A RADIUS OF 42.01
FEET; THENCE NORTHERLY ALONG SAID CURVE 16.51 FEET THROUGH A
TURNED ANGLE OF 22 DEGREES 31 MINUTES 30 SECONDS TO A POINT ON THE
THE WESTERLY LINE OF SAID VACATED PORTION OF LOS ANGELES AVENUE PER
RESOLUTION NO. 2000-1747, SAID POINT HAVING A RADIAL OF SOUTH 60
DEGREES 50 MINUTES 58 SECONDS EAST.
EXCEPT FROM PORTIONS OF LOT 15, ALL OIL, COAL, PETROLEUM, NATURAL GAS
AND KINDRED SUBSTANCES ON THAT PORTION OF SAID LAND LYING WITHIN THE
WEST HALF OF THE NORTH HALF OF SAID SECTION 3, WITH A RIGHT OF ENTRY
TO DEVELOP SAID SUBSTANCES, AS RESERVED BY THE SIMI LAND AND WATER
COMPANY, IN DEED RECORDED NOVEMBER 16, 1889 IN BOOK 29, PAGE 314 OF
DEEDS, AS AMPLIFIED AND/OR MODIFIED BY THAT CERTAIN INSTRUMENT
ENTITLED "LIMITED QUITCLAIM OF SURFACE RIGHTS OF ENTRY", DATED JANUARY
24, 1963, EXECUTED BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, A
CORPORATION, AND SAUL BIRNBAUM AND JANET BIRNBAUM, HUSBAND AND WIFE,
AND RECORDED MAY 20, 1963, IN BOOK 2325, PAGE 28 OF OFFICIAL RECORDS,
WHICH PROVIDES, IN PART, FOR THE RELEASE AND QUITCLAIM TO ENTER UPON
THE SURFACE OF SAID LAND AND TO USE ANY OF THE SURFACE OF SAID LAND
ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, AS THEREIN
PROVIDED.
15
ALSO EXCEPT THE INTEREST RESERVED BY JAMES E. HENDRY AND ABIGAIL W.
HENDRY IN DEED RECORDED MAY 11, 1956 IN BOOK 1404, PAGE 262 OF
OFFICIAL RECORDS, AS FOLLOWS:
"RESERVING UNTO GRANTORS HEREIN, FROM THE REMAINDER OF SAID LAND, 50%
OF ALL OIL, GAS, HYDROCARBON IN ALL FORMS AND ALL OTHER MINERALS AND
MINERAL RIGHTS WHETHER METALLIC OR NON-METALLIC IN AND UNDER SAID
LAND, BUT WITHOUT ANY RIGHT TO USE OR DISTURB THE SAID LAND WITHIN 500
FEET OF THE SURFACE THEREOF, FOR THE PURPOSE OF MINING, DRILLING,
AND/OR EXPLORING SAID LAND FOR OIL, GAS, HYDROCARBON OR OTHER MINERALS
AND REMOVING THE SAME THEREFROM."
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Cynthia A. de Leon
03/17/2022
(e.signed)
16
Cynthia A. de Leon
03/17/2022
(e.signed)
17
Dedication Closure Calc. Report
Client: Prepared by:
Paul Minoo Cynthia De Leon
M&G Engineering & Land Surveying
347 S. Robertson Blvd. Beverly Hills, CA 90211
Date: 03/16/2022
AreatoBeDedicatedtoCityOfMoorpark
Description:Parcel1
ProcessSegmentOrderCounterclockwise:False
EndNorth:4998.4358'East:7676.4779'
Segment#1:Curve
Length:17.258'Radius:40.500'
Delta:24°24’53”Tangent:8.762'
Chord:17.127'Course:S03°39'30.85"E
CourseIn:S81°27'04.53"ECourseOut:S74°08'02.83"W
RPNorth:4992.4155'East:7716.5279'
EndNorth:4981.3437'East:7677.5708'
Segment#2:Curve
Length:25.332'Radius:48.000'
Delta:30°14’19”Tangent:12.969'
Chord:25.040'Course:S00°44'47.98"E
CourseIn:S74°08'02.83"WCourseOut:S75°37'38.78"E
RPNorth:4968.2212'East:7631.3994'
EndNorth:4956.3059'East:7677.8971'
Segment#3:Curve
Length:50.827'Radius:457.000'
Delta:06°22’21”Tangent:25.440'
Chord:50.801'Course:S17°33'31.55"W
CourseIn:N75°37'38.78"WCourseOut:S69°15'18.11"E
RPNorth:5069.7452'East:7235.2002'
EndNorth:4907.8718'East:7662.5712'
Cynthia A. de Leon
03/17/2022
(e.signed)
18
Segment#4:Curve
Length:25.332'Radius:48.000'
Delta:30°14’19”Tangent:12.969'
Chord:25.040'Course:S35°51'51.08"W
CourseIn:N69°15'18.11"WCourseOut:S39°00'59.72"E
RPNorth:4924.8738'East:7617.6832'
EndNorth:4887.5792'East:7647.9011'
Segment#5:Curve
Length:17.466'Radius:40.500'
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CourseIn:S39°00'59.72"ECourseOut:N63°43'33.76"W
RPNorth:4856.1121'East:7673.3977'
EndNorth:4874.0401'East:7637.0819'
Segment#6:Curve
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Delta:16°47’08”Tangent:65.949'
Chord:130.485'Course:N17°34'22.31"E
CourseIn:N64°02'04.17"WCourseOut:S80°49'11.22"E
RPNorth:5069.7501'East:7235.2031'
EndNorth:4998.4358'East:7676.4777'
Perimeter:267.169'Area:938.92Sq.Ft.
ErrorClosure:0.0001Course:S79°26'18.83"W
ErrorNorth:Ͳ0.00003East:Ͳ0.00014
Precision1:2658240.000
Cynthia A. de Leon
03/17/2022
(e.signed)
19
AreatoBeDedicatedtoCityOfMoorpark
Description:Parcel2
ProcessSegmentOrderCounterclockwise:True
North:4790.8079'East:7635.7749'
Segment#1:curve
Length:8.594'Radius:92.000'
Delta:05°21'08"Tangent:4.300'
Chord:8.591'Course:N54°32'07.60"W
CourseIn:N32°47'18.79"ECourseOut:S38°08'26.00"W
RPNorth:4863.1655'East:7692.5934'
EndNorth:4790.8079'East:7635.7745'
Segment#2:Line
Course:N51°51'34.00"WLength:3.352'
North:4792.8781'East:7633.1386'
Segment#3:Curve
Length:5.510'Radius:42.013'
Delta:07°30'5"Tangent:2.759'
Chord:5.506'Course:N48°06'21.46"W
CourseIn:N38°08'26.00"ECourseOut:S45°38'51.08"W
RPNorth:4825.9527'East:7659.1102'
EndNorth:4796.5547'East:7629.0400'
Segment#4:Line
Course:N18°51'40.88"WLength:36.153'
North:4830.7664'East:7617.3525'
Segment#5:Curve
Length:16.514'Radius:42.008'
Delta:22°31'30"Tangent:8.365'
Chord:16.408'Course:N17°53'17.04"E
CourseIn:S83°22'27.47"ECourseOut:N60°50'58.44"W
RPNorth:4825.9194'East:7659.0799'
EndNorth:4846.3813'East:7622.3923'
Segment#6:Curve
Length:8.861'Radius:447.000'
Delta:01°08'09"Tangent:4.431'
Chord:8.861'Course:S30°32'54.55"W
Cynthia A. de Leon
03/17/2022
(e.signed)
20
CourseIn:N60°01'09.91"WCourseOut:S58°53'01.00"E
RPNorth:5069.7500'East:7235.2033'
EndNorth:4838.7502'East:7617.8886'
Segment#7:Curve
Length:64.834'Radius:35.000'
Delta:106°08'06"Tangent:46.561'
Chord:55.954'Course:S21°57'03.99"E
CourseIn:S58°53'01.00"ECourseOut:S14°58'53.02"W
RPNorth:4820.6629'East:7647.8528'
EndNorth:4786.8527'East:7638.8050'
Segment#8:Curve
Length:4.098'Radius:270.000'
Delta:00°52'11"Tangent:2.049'
Chord:4.098'Course:S75°27'12.31"E
CourseIn:N14°58'53.02"ECourseOut:S14°06'42.37"W
RPNorth:5047.6753'East:7708.6015'
EndNorth:4785.8234'East:7642.7717'
Perimeter:147.917'Area:354.81Sq.Ft.
ErrorClosure:0.0004Course:S84°42'05.34"W
ErrorNorth:Ͳ0.00003East:Ͳ0.00038
Precision1:347307.500
Cynthia A. de Leon
03/17/2022
(e.signed)
21
SUPPLEMENTAL
MOORPARK PLANNING
COMMISSION
SUPPLEMENT A L TO
AGENDA REPORT
TO: Honorable Planning Commissioners
FROM: Philip Neumann, Assistant Planner
DATE: 04/26/2022
SUBJECT: Consider Resolution No. PC-2022-668, Making a Determination that
the Proposed Vacation and Dedication of Right-of-Way Adjacent to
5751 Condor Drive is in Conformance with the Moorpark General
Plan, Directing Staff to Report that Finding to the City Council and
Making a Determination of Exemption Pursuant to the California
Environmental Quality Act in Connection Therewith, on the
Application of Condor Industrial Building LLC – Updated Exhibits and
Resolution
Updated Exhibits:
The Developer has updated the exhibits associated with the proposed dedication and vacation
following the publication of the Planning Commission Agenda. Please find attached revised
Draft Resolution No. PC-2022-668 with Exhibit A, and revised Exhibits B and C dated
04/25/2022.
Staff has identified minor technical corrections to these exhibits that will be required prior to
consideration by the City Council however these changes do not impact the Planning
Commission’s consideration of the General Plan Consistency determination.
In order to accommodate these changes, Resolution No. PC-2022-668 has been updated to
reflect the addition of special condition of approval no. 1: Applicant shall correct the dedication
and vacation exhibits prior to the City Council meeting for approval of said documents, to the
satisfaction of the Public Works Director / City Engineer.
ATTACHMENTS:
1.Updated Draft Resolution with Exhibit A – Conditions of Approval
2.Updated Exhibit B - Area to be Vacated for 5751 Condor Drive,
Moorpark, CA
3.Updated Exhibit C - Area to be Dedicated from 5751 Condor Drive,
Moorpark, CA
Item: 8.A.
RESOLUTION NO. PC-2022-668
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, MAKING A DETERMINATION
THAT THE PROPOSED VACATION AND DEDICATION OF RIGHT-
OF-WAY ADJACENT TO 5751 CONDOR DRIVE IS IN
CONFORMANCE WITH THE MOORPARK GENERAL PLAN,
DIRECTING STAFF TO REPORT THAT FINDING TO THE CITY
COUNCIL AND MAKING A DETERMINATION OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF
CONDOR INDUSTRIAL BUILDING LLC
WHEREAS, consideration is being given to the proposed vacation of a portion of
Condor Drive for 5751 Condor Drive and dedication of portions from 5751 Condor Drive;
and
WHEREAS, Special Condition of Approval No. 26 of Resolution No. 2020 -3935
required the applicant to provide street dedication and/or easement documents for
consideration to the satisfaction of the City Engineer/Public Works Director; and
WHEREAS, the Planning Commission of the City of Moorpark has reviewed this
proposed dedication and vacation and has found them to be in conformance with the
Moorpark General Plan as required by Section 65402 of the Government Code of the
State of California; and,
WHEREAS, at a duly noticed public hearing on April 26, 2022, for the proposed
vacation and dedication of right-of-way adjacent to 5751 Condor Drive is in Conformance
with the Moorpark General Plan, the Planning Commission considered said dedication
and vacation, including the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public t estimony both for
and against the proposal.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, based on its own independent analysis and judgment, concurs with the
Community Development Director’s determination that the project is categorically exempt
from the requirements of the CEQA pursuant to Section 15301 (Class 1: Existing
Facilities) of the CEQA Guidelines. No further environmental documentation is needed.
SECTION 2. The following findings are made pursuant to the requirements of
Section 65402 of the State of California Government Code:
ATTACHMENT 1
Resolution No. PC-2022-668
Page 2
A.The vacation of the portion of right-of-way along Condor Drive for 5751 Condor
Drive as more particularly described and shown on Exhibit ‘A’, attached hereto and
made a part hereof, is hereby found to be in conformance with the Moorpark
General Plan.
B.The right-of-way dedication to the City of Moorpark of portions of 5751 Condor
Drive more particularly described and shown on Exhibit ‘B’, attached hereto and
made a part hereof, is hereby found to be in conformance with the Moorpark
General Plan.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 26th day of April 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
Exhibit B – Area to be Vacated for 5751 Condor Drive, Moorpark, CA
Exhibit C – Area to be Dedicated from 5751 Condor Drive, Moorpark, CA
Resolution No. PC-2022-668
Page 3
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR VACATION AND DEDICATION OF
RIGHT-OF-WAY ADJACENT TO 5751 CONDOR DRIVE
SPECIAL CONDITIONS OF APPROVAL
1.Applicant shall correct the dedication and vacation exhibits prior to the City Council
meeting for approval of said documents, to the satisfaction of the Public Works
Director / City Engineer.
EXHIBIT “A”
AREA TO BE VACATED
FOR 5751 CONDOR DRIVE, MOORPARK, CA
PARCEL 1:
THAT PORTION OF CONDOR STREET, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, ADJOINING LOT 15 OF TRACT NO. 3492 AS
PER MAP RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF
MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, ALSO ADJOINING THAT VACATED PORTION OF LOS ANGELES AVENUE
AS DESCRIBED IN RESOLUTION NO. 2000-1747 RECORDED ON JULY 17, 2000, IN
SAID OFFICE OF COUNTY RECORDER, LYING NORTHERLY OF THE LINE DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, DISTANT
THEREON SOUTH 81 DEGREES 06 MINUTES 24 SECONDS WEST 92.71 FEET FROM
THE WESTERLY TERMINUS OF A CURVE HAVING A RADIUS OF 470.00 FEET, A
LENGTH OF 135.61 FEET AND A CENTRAL ANGLE OF 16 DEGREES 31 MINUTES 54
SECONDS; THENCE ALONG SAID LINE SOUTH 81 DEGREES 06 MINUTES 24
SECONDS WEST 10.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 86.31 FEET; THENCE WESTERLY ALONG SAID
CURVE, 62.18 FEET THROUGH A CENTRAL ANGLE OF 41 DEGREES 16 MINUTES 37
SECONDS TO A POINT ON THE SOUTHERLY LINE OF SAID VACATED PORTION OF
LOS ANGELES AVENUE, SAID POINT BEING ON A NON-TANGENT CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 270.00 FEET AND A RADIAL
BEARING OF NORTH 14 DEGREES 05 MINUTES 38 SECOND EAST.
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
Cynthia A. de Leon
04/25/2022
(e.signed)
Resolution No.
PC-2022-668 EXHIBIT B
Area to be Vacated for
5751 Condor Street
∆∆∆∆
∆
No. C-31604REGISTERED P R O F ESSIONA
L
E
NGI
NEERS
T
A
TE OF CA L I F O R N IACYNTH IA A .DE
L
EONC I V I L
ENGINEER OF RECORD:
CYNTHIA A. DE LEON
M&G CIVIL ENGINEERING
AND LAND SURVEYING, INC
347 S. ROBERTSON BOULEVARD
BEVERLY HILL, CA 90211
LEGEND:
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW
AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A
DOCUMENT:
PURPOSE: PUBLIC UTILITIES
RECORDING DATE: APRIL 25, 1983
RECORDING NO.: 40832, OF OFFICIAL RECORDS
EASEMENT OF RECORD:
A
EXHIBIT "B"
Cynthia A. de Leon
04/25/2022
(e.signed)
PARCEL 1:
THAT VACATED PORTION OF LOS ANGELES AVENUE, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, WITHIN TRACT 3492, AS PER MAP
RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF MISCELLANEOUS
RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
DESCRIBED IN RESOLUTION NO. 2000-1747 (VACATION NO. V-2000-1),
RECORDED ON JULY 17, 2000, IN SAID OFFICE OF COUNTY RECORDER, LYING
WESTERLY OF THE LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT 3492;
THENCE NORTHWESTERLY ALONG THE PROLONGATION OF THE NORTHERLY LINE OF
SAID LOT, NORTH 82 DEGREES 06 MINUTES 24 SECONDS WEST 3.20 FEET;
THENCE SOUTH 07 DEGREES 54 MINUTES 30 SECONDS WEST 210.48 FEET TO A
POINT ON A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
447.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, 9.92 FEET THROUGH A
CENTRAL ANGLE OF 01 DEGREES 16 MINUTES 19 SECONDS TO THE TRUE POINT OF
BEGINNING, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE
EAST, HAVING A RADIUS OF 40.50 FEET AND A RADIAL BEARING OF SOUTH 81
DEGREES 27 MINUTES 05 SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE,
17.26 FEET THROUGH A CENTRAL ANGLE OF 24 DEGREES 24 MINUTES 53 SECONDS
TO A POINT ON A REVERSE CURVE HAVING A RADIUS OF 48.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE, 25.33 FEET THROUGH A CENTRAL ANGLE OF 30
DEGREES 14 MINUTES 19 SECONDS TO A POINT ON A COMPOUND CURVE HAVING A
RADIUS OF 457.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, 50.83 FEET
THROUGH A CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 21 SECONDS TO A POINT
ON A COMPOUND CURVE HAVING A RADIUS OF 48.00 FEET; THENCE SOUTHERLY
ALONG SAID CURVE, 25.33 FEET THROUGH A CENTRAL ANGLE OF 30 DEGREES 14
MINUTES 19 SECONDS TO A POINT ON A REVERSE CURVE HAVING A RADIUS OF
40.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE, 17.47 FEET THROUGH A
CENTRAL ANGLE OF 24 DEGREES 42 MINUTES 35 SECONDS TO A POINT ON THE
WESTERLY LINE OF SAID VACATED PORTIONS OF LOS ANGELES AVENUE PER
RESOLUTION NO. 2000-1747, SAID POINT HAVING A RADIAL BEARING OF SOUTH
63 DEGREES 43 MINUTES 34 SECONDS EAST.
Cynthia A. de Leon
04/25/2022
(e.signed)
Resolution No. PC-2022-668
EXHIBIT C
Areas to be Dedicated from
5751 Condor Avenue
EXHIBIT “A”
AREAS TO BE DEDICATED
FROM 5751 CONDOR DRIVE, MOORPARK, CA
PARCEL 2:
THAT VACATED PORTION OF LOS ANGELES AVENUE, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, WITHIN TRACT 3492, AS PER MAP
RECORDED IN BOOK 95, PAGES 30 TO 32, INCLUSIVE OF MISCELLANEOUS
RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
DESCRIBED IN RESOLUTION NO. 2000-1747 (VACATION NO. V-2000-1),
RECORDED ON JULY 17, 2000, IN SAID OFFICE OF COUNTY RECORDER, LYING
WESTERLY OF THE LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 15 OF SAID TRACT NO. 3492;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 15, SOUTH 05 DEGREES 18
MINUTES 17 SECONDS WEST 405.15 FEET TO A POINT ON A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE, 42.35 FEET THROUGH A CENTRAL ANGLE OF
69 DEGREES 19 MINUTES 20 SECONDS TO A POINT ON A NON-TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 270.00 FEET AND A RADIAL BEARING
OF NORTH 03 DEGREES 29 MINUTES 41 SECONDS EAST; THENCE WESTERLY ALONG
SAID CURVE, 49.95 FEET THROUGH A CENTRAL ANGLE OF 10 DEGREES 35
MINUTES 58 SECONDS TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON
A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 86.31
FEET AND A RADIAL BEARING OF NORTH 32 DEGREES 23 MINUTES 01 SECONDS
EAST; THENCE NORTHWESTERLY ALONG SAID CURVE, 8.67 FEET THROUGH A
CENTRAL ANGLE OF 05 DEGREES 45 MINUTES 26 SECONDS TO A POINT THAT
HAS A RADIAL BEARING OF NORTH 38 MINUTES 08 SECONDS 26 MINUTES EAST;
THENCE NORTH 51 DEGREES 51 MINUTES 34 SECONDS WEST 3.35 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 42.01 FEET AND A RADIAL BEARING OF NORTH 38 DEGREES 08
MINUTES 11 SECONDS EAST; THENCE NORTHWESTERLY ALONG SAID CURVE,
5.51 FEET THROUGH A CENTRAL ANGLE OF 07 DEGREES 30 MINUTES 05
SECONDS TO A POINT THAT HAS A RADIAL BEARING OF NORTH 45 MINUTES 39
SECONDS 06 MINUTES EAST; THENCE ALONG A NON-TANGENT LINE NORTH 18
DEGREES 51 MINUTES 41 SECONDS WEST 36.15 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 42.01
FEET AND A RADIAL BEARING OF SOUTH 83 DEGREES 22 MINUTES 27 SECONDS
EAST; THENCE NORTHERLY ALONG SAID CURVE, 16.51 FEET THROUGH A
CENTRAL ANGLE OF 22 DEGREES 31 MINUTES 30 SECONDS TO A POINT ON THE
WESTERLY LINE OF SAID VACATED PORTIONS OF LOS ANGELES AVENUE PER
RESOLUTION NO. 2000-1747, SAID POINT HAVING A RADIAL BEARING OF
SOUTH 60 DEGREES 50 MINUTES 58 SECONDS EAST.
EXCEPT FROM PORTIONS OF LOT 15, ALL OIL, COAL, PETROLEUM, NATURAL
GAS AND KINDRED SUBSTANCES ON THAT PORTION OF SAID LAND LYING WITHIN
THE WEST HALF OF THE NORTH HALF OF SAID SECTION 3, WITH A RIGHT OF
ENTRY TO DEVELOP SAID SUBSTANCES, AS RESERVED BY THE SIMI LAND AND
WATER COMPANY, IN DEED RECORDED NOVEMBER 16, 1889 IN BOOK 29, PAGE
314 OF DEEDS, AS AMPLIFIED AND/OR MODIFIED BY THAT CERTAIN
INSTRUMENT ENTITLED "LIMITED QUITCLAIM OF SURFACE RIGHTS OF ENTRY",
DATED JANUARY 24, 1963, EXECUTED BY AND BETWEEN UNION OIL COMPANY OF
CALIFORNIA, A CORPORATION, AND SAUL BIRNBAUM AND JANET BIRNBAUM,
HUSBAND AND WIFE,
AND RECORDED MAY 20, 1963, IN BOOK 2325, PAGE 28 OF OFFICIAL RECORDS,
WHICH PROVIDES, IN PART, FOR THE RELEASE AND QUITCLAIM TO ENTER UPON
THE SURFACE OF SAID LAND AND TO USE ANY OF THE SURFACE OF SAID LAND
ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, AS THEREIN
PROVIDED.
ALSO EXCEPT THE INTEREST RESERVED BY JAMES E. HENDRY AND ABIGAIL W.
HENDRY IN DEED RECORDED MAY 11, 1956 IN BOOK 1404, PAGE 262 OF
OFFICIAL RECORDS, AS FOLLOWS:
"RESERVING UNTO GRANTORS HEREIN, FROM THE REMAINDER OF SAID LAND, 50%
OF ALL OIL, GAS, HYDROCARBON IN ALL FORMS AND ALL OTHER MINERALS AND
MINERAL RIGHTS WHETHER METALLIC OR NON-METALLIC IN AND UNDER SAID
LAND, BUT WITHOUT ANY RIGHT TO USE OR DISTURB THE SAID LAND WITHIN 500
FEET OF THE SURFACE THEREOF, FOR THE PURPOSE OF MINING, DRILLING,
AND/OR EXPLORING SAID LAND FOR OIL, GAS, HYDROCARBON OR OTHER MINERALS
AND REMOVING THE SAME THEREFROM."
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Cynthia A. de Leon
04/25/2022
(e.signed)
Cynthia A. de Leon
04/25/2022
(e.signed)