HomeMy WebLinkAboutRES CC 2022 4150 2022 1221 RESOLUTION NO. 2022-4150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A GRANT OF
EASEMENT TO SOUTHERN CALIFORNIA EDISON TO
CONSTRUCT, USE, OPERATE AND MAINTAIN AN
UNDERGROUND ELECTRICAL SUPPLY AND
COMMUNICATION SYSTEMS AT A CITY-OWNED
PROPERTY DESCRIBED IN RECORDED DOCUMENT NO.
96-0088341, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
WHEREAS, the City of Moorpark (City) is the record owner in fee of real property
within portions of Lots 53 and 54 of the Resubdivision of the Colonia Virginia Tract, as
per Map recorded in Book 20, Pages 33 and 34 of Miscellaneous Records (20 MR 33 and
20 MR 34) in the Office of the County Recorder; and
WHEREAS, that said portions of Lots 53 and 54 are more specifically described in
a Director's Deed from the State to the City as Recorded Document No. 96-0088341,
recorded on June 27, 1996 in the Office of the County Recorder; and
WHEREAS, Southern California Edison owns, operates, and maintains facilities
for transmitting and distributing electricity for any and all purposes within the City,
including along Princeton Avenue and the City-owned property described in Recorded
Document No. 96-0088341; and
WHEREAS, the City is constructing the Princeton Avenue Improvement Project
(Specification No. MPK 21-03) and requires Southern California Edison facilities along
Princeton Avenue to be relocated underground within City-owned property described in
Recorded Document No. 96-0088341; and
WHEREAS, in order for Southern California Edison to construct, relocate, use,
operate and maintain the electrical and communications supply systems, a 6-foot wide
easement under City-owned property is needed; and
WHEREAS, City is willing to grant the easement to Southern California Edison for
the purposes to construct, relocate, use, operate and maintain the electrical and
communications supply systems; and
WHEREAS, City Staff has determined that the construction, relocation, use,
operation and maintenance of the electrical supply and communications systems on the
City-owned property is exempt from the California Environmental Quality Act (CEQA)
because it is within the scope of Section 15301, Class 1 (existing facilities of both investor
and publicly-owned utilities used to provide electric power) for Categorical Exemption and
there is no evidence of unusual circumstances that apply to this project.
Resolution No. 2022-4150
Page 2
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 construction,
relocation, use, operation and maintenance of the electrical and communications supply
systems on the City-owned property is exempt from the California Environmental Quality
Act (CEQA) because it is within the scope of Section 15301, Class 1 (existing facilities of
both investor and publicly-owned utilities used to provide electric power) 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 Southern California Edison at the City-owned property
described in Recorded Document No. 96-0088341 for construction, relocation, use,
operation and maintenance of the electrical and communications supply systems,
attached hereto as Exhibit A, and authorizes the Mayor to sign the Grant of Easement.
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 December, 2022.
Chris R. E -gren, Mayor
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Resolution No. 2022-4150 EXHIBIT A
Page 3
RECORDING REQUESTED BY
j5041H10t CAUFS WNk
EDISON
WHEN RECORDED MAIL TO
SOtiTHE RN CALIFORNIAEDISONCOMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attu Tide and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER'S
SCB Doc No
GRAFT OF OCCUMENTARv TRANSFER TAX 5 NONE a-G rtrr m,n,ccracar acai.he wv u:c
EASEMENT .+uve ANO CON DERATWNt,EEE THAN Sfoo.aol Tboassad Oaks TD24 td?24
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{ CITY OF MOORPARK, a municipal corporation, (hereinafter referred to as "Grantor'),hereby grant to SOUTHERN
CALIFORNIA EDISON COMPANY, a corporation,its.successors and ass:gns(hereinafter referred to as"Grantee"),an easement
and right of way to construct,use,maintain,operate,alter, add to,repae,replace,reconstruct, inspect and remove at any time and
from time to time mrdereround electrical supply systems and communication systems (hereinafter referred to as " ;tens'),
consisting of wires, undergrosusd conduits cables, vault,manholes,hndholes, and including above-ground enclosures, markers
and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and foe
transmitting intelligence, data a ndi'or communications (eg. through fiber optic cable). in, on, over, under. across and along that
certain real property in the County of Ventura,State of California described as follows.
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT PORTION OF LOTS 53 AND 54 OF
RESUBDIVISION OF THE COLONIA VIRGINIA TRACT,AS PER MAP RECORDED IN BOOK 20, PAGES 33
AND 34 OF MISCELLANEOUS RECORDS(MAPS), SAID PORTION IS MORE PARTICULARLY DESCRIBED
IN THE DEED TO THE GRANTOR HEREIN,RECORDED ON TUNE 27, 1996 AS DOCUMENT NO. 96-088341,
OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
HEREINAFTER REFERRED TO AS "LAND",AND". THE CENTERLINE OF SAID STRIP IS DESCRIBED AS
FOLLOWS:
COMMENCING AT nit SOUTHWEST CORNER OF SAID"LAND";THENCE ALONG THE WESTERLY LINE
OF SAID "LAND". NORTH 00'34'47" EAST 3.00 FEET TO THE TRUE POINT OF BEGINNING; THENTE
LEAVING THE WESTERLY LINE OF SAID"LAND",SOUTH 89`25'13"EAST 16.35 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 12.50 FEET;
THENCE EASTERLY,NORTHEASTERLY,AND NORTHERLY ALONG SAID CURVE,THROUGH A CENTRAL
ANGLE OF 90`00'00" AN ARC DISTANCE OF 19.63 FEET; THENCE NORTH 00'34'47" EAST 19.67 FEET;
THENCE NORTH 01'16'27'EAST 111.90 FEET TO A POINT OF ENDING L`THE NORTHERLY LINE OF SAID
"LAM".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHERLY
IN THE NORTHERLY LINE OF SAID`LAND"AND TO JOIN AT THE ANGLE PONT.
It is understood and agreed that the above description is approximate only,it being the intention of the Grantor(s)to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in,on,over,under,across,and along the Grantor(s)property.
This legal description was prepared pursuant to Sec. 8 7 30(c)of the Business&Professions Code.
Mail Tax Statements to:N/A
Resolution No. 2022-4150
Page 4
Grantor further grant;.barfain' sells and conveys unto the Grantee the light of assignment,in whole or in past,to others,
without limitation.and the right to apportion or divide in whatever manner Grantee deems desirable,any one or more,or all,of the
easement:and rights,including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
Easement_
Grantor agrees for himself, his heirs and assigns,not to erect,place or maintain,nor to permit the erection,placement or
maintenance of any building, planter boxes, earth till or other structures except walls and fences on the above described real
property. The Grantee,and its contractors, agents and employees, shall have the right to trim or cut free roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted;provided,however,that in making any excavation on said property of the Grantor,the Grantee
ill make the same in such a manner as will cause the least injury to the surface of the ground around such excavation,and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
excavation as is practicable.
CUTED this day of , 20
GRANTOR
CITY OF MOORPARK.a municipal corporation
Signature
Print Name
Title
A Notary Public or other officer completing this certificate ve ifies only the identity of the individual%rho signed the document to winch this
certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
Cowry of
Oa before me. a Notary Public personally appeared
. who proved to me on the basis of
sa:sfactory evidence to be the person(s)whose n.sme(s)is.are sobscnbed to the within instrument and acknowledged to me that ha�shethey
executed the same in hister her authorimd capadty(ies),and that by his'herthen signature(s)on the instrument the person(s), or the entity
;tpor.behalf of which the pesam(s)acted,executed die instrument
I certify under PENALTY OF PERJURY under the laws of the State of Califnmia that the foregoing paragraph is true and correct.
W ITNESS my hand and official seal.
S icrta Ire (Seal)
2 I7SE
TT12O44924
Resolution No. 2022-4150
Page 5
EaC LIED day of . 20
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY
a corporation
Signature
Print Name
Title
A Notary Public or other officer completing dais certificate verifies only the ldennty of the individual who stgwed the doc;menu
to which this certificate is attached and not the tnrthi the<_ . accuracy or validity of that docrunent.
State of Cahfornia
County of
On before me. . a Notary Public.personally appeared
. who proved to me ou the basis of
satisfactory evidence to be r person(s)whose names)isJare subscribed to the within instrunmeut and acknowledged to inc that
he shethev executed the sauce in his her/their authorized capacity(ies), and that by his:txei their signatures)on the instrument the
pea>oni(s).or the entity upon behalf of which the person(s)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 (Seal)
3 DSE
Resolution No. 2022-4150
Page 6
LOS ANGELES AVENUE
POR. POR.
LOT 52 LOT 53
f: I
I I
POR. I
LOT 54
POR. I POR.
LOT .
53 I I LOT 54
POR. LOTS 53& 54 OF ( 1 II
RESUBDIVISION OF THE
COLONIA VIRGINIA TRACT
(20 MR 33-34)
PER DEED REC. 06/27/1996
DOC. #96-088341, O.R.
VENTURA CO. I
I II
SCE -;
EASEMENT r ' I
6' WIDE
� � I
# IPOR. POR.
LOT 52 LOT 53 I '
TPOB
NO0'34'47"E
3.00' _ J
LA FALDA AVENUE Poc
SCE EASEMENT
DSE TD2046920
SLS/BT 11/04/2022
Resolution No. 2022-4150
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2022-4150 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 21st day of
December, 2022, and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 22nd day of December,
2022.
S
Ky Spa ler, Cit C rk
(seal)
2
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