HomeMy WebLinkAboutAGENDA REPORT 2023 0118 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 18, 2023
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2023-
4154. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
F. Consider Acceptance of Landscape Maintenance Improvements in Landscape
Maintenance District AD 01-02 and Assignment of Road Easement and
Maintenance Access Agreement and Making a Determination of Exemption Under
CEQA in Connection Therewith. Staff Recommendation: 1) Adopt Resolution No.
2023-4154, accepting landscape improvements in Tract 5463 into Assessment
District AD 01-02 and authorizing City to assume maintenance responsibilities
effective February 1, 2023; and 2) Determine that approval of the Assignment of
Road Easement and Maintenance Access Agreement is exempt from the
California Environmental Quality Act; and 3) Approve Assignment of Easement
and Maintenance Access Agreement, and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager; and 4)
Authorize the City Clerk to record the document. (Staff: Jeremy Laurentowski,
Parks and Recreation Director) (ROLL CALL VOTE REQUIRED)
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 01/18/2023 Regular Meeting
SUBJECT: Consider Acceptance of Landscape Maintenance Improvements in
Landscape Maintenance District AD 01-02 and Assignment of Road
Easement and Maintenance Access Agreement and Making a
Determination of Exemption Under CEQA in Connection Therewith
BACKGROUND
Toll Brothers (Toll) developed the Country Club Estates Community. As a part of the
Conditions of Approval for that development, an assessment district was formed to fund
City maintenance costs for various landscape maintenance improvements. In March
2001, Landscaping and Lighting Maintenance Assessment District 01-02 (AD 01-02) was
formed to fund the City maintenance costs for the landscape improvements installed in
Tract 4982. Toll later developed an adjacent community, The Masters (Tract 5463), which
is generally located on the north side of Championship Drive. Similar to Country Club
Estates, Toll was required to make certain improvements which included certain
Landscape Maintenance Areas (Attachment 1, Exhibit A to Resolution) which were a
requirement of the Conditions of Approval for the project. In September 2015, the City
Council approved the annexation of The Masters community landscape maintenance
assessment into the AD 01-02, upon the City’s acceptance of the landscape maintenance
improvements. The Conditions of Approval of Tract 5463 also required the construction
of a detention basin. Ventura County Waterworks District #1 (VCWWD#1) owns property
adjacent to the detention basin location. In order to facilitate the construction and
maintenance of the detention basin, Toll and VCWWD#1 entered into an Easement and
Maintenance Agreement to allow Toll to use the existing VCWWD#1 access road to
construct and maintain the basin.
DISCUSSION
The Landscape Maintenance improvements have been completed and all required
warranty periods have ended. It is now appropriate for the City to accept the landscape
maintenance improvements in Tract 5463 and annex those improvements into Landscape
Item: 10.F.
631
Honorable City Council
01/18/2023 Regular Meeting
Page 2
Maintenance District AD 01-02, also known as Landscape Maintenance District 15
(LMD15). Since the detention basin will be maintained by LMD15, it is appropriate for
Toll to assign the Easement and Maintenance Agreement to the City. At the time the
Agreement was drafted, it was anticipated by Toll and VCWWD#1 that the easement
would be transferred to the City upon the City’s acceptance of the LMD areas in The
Masters.
Staff is recommending that the City Council accept the landscape improvements into
Assessment District AD 01-02 to facilitate City commencement of maintenance
obligations for these improvements.
Staff is also recommending approval of the Assignment Agreement as the access will be
needed by LMD15 to properly maintain the basin. The Access Agreement has a provision
that would require LMD15 to participate in the periodic maintenance of the District’s
access road. The maintenance expenses would be apportioned between the parties
based on who used the road and what type of equipment was used on the road (heavy
equipment vs light duty trucks) during the periods in between maintenance activities. The
parties would negotiate what each side would pay prior to the maintenance activities
being conducted.
FISCAL IMPACT
There is a moderate fiscal impact based on the assumption of future maintenance
obligations for the use of the Waterworks District access road. However, these activities
would be planned in advance and budgeted within the LMD15 budget, which is a fully
funded LMD, so there is no General Fund obligation for any maintenance activities under
the Agreement.
Additionally, staff anticipated acceptance of LMD15 during the current fiscal year and
included funding for maintenance in the Fiscal Year 2022/23 Operating Budget. No
additional appropriation is needed for maintenance activities.
ENVIRONMENTAL DETERMINATION
The Community Development Director has evaluated the Acceptance of Assignment of
Easement and Maintenance Agreement for The Masters (Tract 5463) to be maintained
by Landscape Maintenance District 15 (LMD15) for compliance with the California
Environmental Quality Act (CEQA) and determined that the proposed improvements are
categorically exempt from environmental review in accordance with Section 15301, Class
1 (existing facilities). The proposed action is associated with the maintenance of an
existing stormwater detention basin and does not involve expansion or alteration of the
basin.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
632
Honorable City Council
01/18/2023 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2023-____, accepting landscape improvements in
Tract 5463 into Assessment District AD 01-02 and authorizing City to assume
maintenance responsibilities effective February 1, 2023; and
2. Determine that approval of the Assignment of Road Easement and Maintenance
Access Agreement is exempt from the California Environmental Quality Act; and
3. Approve Assignment of Easement and Maintenance Access Agreement, and
authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager; and
4. Authorize the City Clerk to record the document.
Attachment 1: Draft Resolution No. 2023-____
Attachment 2: Road Easement and Maintenance Agreement
Attachment 3: Assignment Agreement
633
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING LANDSCAPE
IMPROVEMENTS INTO LANDSCAPE MAINTENANCE
DISTRICT 15 (ASSESSMENT DISTRICT 01-02) AS
COMPLETE
WHEREAS, the City Council approved Residential Planned Development
(RPD) 03-04 and Tract 5463 which allowed Toll Brothers to construct The Masters
housing project (“Project”) within the City of Moorpark; and
WHEREAS, the Conditions of Approval of RPD 03-04 required construction of
certain landscaping improvements within the tract and annexation into assessment district
(Assessment District No. AD 01-02) within the tract to fund the costs of City maintenance
of these landscape improvements at such time as the maintenance is taken over by the
City; and
WHEREAS, Toll Brothers has completed construction of the required Landscape
Improvements in Tract 5463; and
WHEREAS, in order to take over the maintenance obligations of the Landscape
Improvements, the City Council must accept the improvements into Assessment District
No. AD 01-02 and approve the Assignment of Road Easement and Maintenance
Agreement; and
WHEREAS, the Community Development Director has determined that this action
is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15301 Class 1 (existing facilities) of the CEQA guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on
its own independent analysis and judgment, concurs with the Community Development
Directors determination that the project is categorically exempt from the requirements of
CEQA pursuant to Section 15301 Class 1 (existing facilities) because the proposed action
is associated with the maintenance of an existing stormwater detention basin and does
not involve expansion or alteration of the basin. Therefore, no further environmental
documentation is required pursuant to CEQA.
SECTION 2. The City of Moorpark hereby accepts the Landscape Improvements
detailed in Exhibit A pursuant to RPD 03-04 and authorizes the City to assume the
responsibility to maintain such improvements, effective February 1, 2023.
SECTION 3. The City of Moorpark approves the Assignment of Easement and
Maintenance Agreement.
ATTACHMENT 1
634
Resolution No. 2023-____
Page 2
SECTION 4. 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 18th day of January, 2023.
__________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Landscape Maintenance Areas
635
Resolution No. 2023-____
Page 3
EXHIBIT A
636
ATTACHMENT 2
Recorded a t the l~equest Of:
County of Ven tura Public W orks Agency
Real Estate Services Division
And When Recorded Return To:
Toll CA LP, a California Ltd . Partnershi p
725 West Town and County Road,
Suite 200
Orange, CA 92868
APN 502-0-140-250 & -285
11\1\\11~\\ \II\\\\\\ \\\\1~11 \ \I\ I
20170622-00081025-0 1/11
Ventur a County Cla rk a nd Recorder
l'IARK A. LUNN
06122 120 17 09 :45 :07 Al'I
1214741 $44.00 VA
Above Space ror Recorder's Use Only
ROAD EASEMENT AND MAINTENANCE AGREEMENT
T HIS ROAD EASEMENT A ND MAI NTENA NCE AGREEM ENT ("Agreement") is entere d into by and between the Ventura Coun ty Waterworks Dis trict No. 1 , hereinafter referred to as "District," and Toll CA, L.P., a California limited partnership, here inafter refer red lo as "Toll."
WHEREAS, the District owns the real property described in Exhibit ''A" attached hereto and made a part hereof ("District Property"), ove r which the Dist rict has an existing access road ("Access Road"); and
WHEREAS, Toll owns the real property described in Exhibit "B'' attached hereto and made a part hereof ("Toll Property"), which adj oins the District Property; and
WHEREAS. a portion of the Toll Property has been or is proposed to be imp roved with a detention bas in and related improvements ("Detention Basin") in co nnection with the construction of residences and other improvements in the residential common interest development project adjacent to the west and north of the District Property ("Project"); and
WHEREAS, Toll desires a non-exclusive easement for ingress and egress over the portion ot the District Property described in Exhibit "C" and depicted in Exhibit "D" attached hereto a nd made a part hereof ("Easement Area"), lo construc t, inspect, maintain, and reconstruct the Detention Basin ; and
WHEREAS, the Access Road lies within a portion of the Easement Area, a nd
WHEREAS, District is willing to grant Toll said non-exclusive easement fo r ingress and egress over the Easement Area, including the Access Road; a nd
WHEREAS, it Is planned that the City of Moorpark ("City ") wi ll assume responsibility for maintenance of th e Detention Basin through a City mainte nance d istrict following construction o r the Detention Basin. and that the easement gran ted to Toll below in connection w ith the Detention Basin and certain of Toil's obligations ·-set forth in this Agreement be assigned to the City in connection therewith ; and
NOW. THEREFORE, in consideration o f the mutual benefits to be derived, the parties agree as follows.
1O2384330v11 Page 1 of 4
637
1. GRANT OF EASEMENT. District hereby grants lo Toll a non-exclusive easement for ingress and
egress by Toll, its agents, representatives, contractors, subcontractors, partners. officers, directors,
members, employees and affiliates over the Easement Area, to construct, inspect, maintain, and
reconstruct the Detention Basin ("Easement"). together with tt1e right to assign the Easeme nt as provided
i n Section 2 below.
2. ASSIGNMENT. The Easement and Toil's rights and obliga tions under this Agreement w ith respect
to th e Easement may be assigned to the City ancl to the Masters at Moorpark Country Club Homeowners
Association , a California nonprofit mutual benefit corporation (each, a "Transferee"), without the consent of
District, provided that such assignment is made by written i nstrument recorded in the Office of the County
Recorder of Ventura County , pursuant to which the Transferee assumes al l o f Toil's obligations under this
Agreement with respect to the Easement. Upon recordation of such instrument in the Office of tt1e County
Recorder of Ventura County, Toll shall have no fu rtt,er liability for the performance or non-performance of
any obligations of the Easement Holder (defined below) under this Agreement with respect to the
Easement. Any other assignments shall require th e prior written conse nt of District, which consent shall
not be unreasonably witl1held, and shall be made by written instrument as described in th is paragraph . All
references in this Agreement to the "Easement Holder" shall initially mean Toll and its successors and
assigns. Upon assignment of the Easement pursuant to this Section 2, "Easement Holder" shall mean the
applicable Transferee and its respective successors and assigns.
3. USE OF ACCESS ROAD. District and Easement Holder shall have the mutual non-exclusive right
to use the Access Road. The Access Road shall be used for ingress and egress on ly. Easement Holder
sha ll not park automobiles or equipment, construct structures, or store items of any kind on the Access
Road.
4 . MAINTENANCE. The District and Easement Holder shall be mutually responsible for routine
periodic maintenance of the Access Road; however, District and the Easement Holder shall each be so lely
responsible for the repair of any damage to the Access Road caused by its vehicles or equipment. Such
damage would include, but not be limited to , ruts and potholes caused by repeated heavy traffic on the
Access Road during major cleanout operations. If District is not notified in advance of major cleanout
operat ions by the Easement Holder so that the pre-cleanout condition of the Access Road can be
documented by the Easement Holder and the District, then the District shall determine what damage, if any ,
was caused by tt1e Easement Holder and the Easement Holder wil l be bound by said damage
determination.
5. APPORTIONM ENT OF MAINTENANCE EXPENSES. The apportionment of maintenance
expenses between the District and the Easement Holder shall be mutually decided in advance of any
scheduled maintenance. The apportionment of expenses shall be based upon the respective quantity and
type of vehicular traffic that the respective parties have generated since entering into this Agreement and ,
thereafter, since the last routine maintenance was completed. It is the intent of the parties to t11is Agreement
t11at t11e maintenance expenses sl1all be fairly apportioned based on the relative wear and tea r that the
District and the Easement Holder have each, respectively, caused to the Access Road .
6. NECESSITY TO MAINTAIN THE ACCESS ROAD. Tl1e District and Easement Holder sl1all have
th e non-exclusive right to have a lock on the gate across the Access Road near Championship Drive. The
District and Easement Holder shall utilize a daisy-chain lock system, so that either District or Easement
Holder may open the gate using only its own lock. Public safety and necessity requires that the Access
Road be maintained in good repair so that District personnel and vehicles can access its facilities for the
benefit of the public. If District and the Easement Holder are unable to agree on the fa ir apportionment of
maintenance costs for the Access Road, or if Easement Holder should fail to make timely repairs of any
damage that _it may have caused to the Access Road, th e District shal Lbwe the right to make necessary
routine maintenance and/or repairs to the Access Road and to bill the Easement Holde r for the actual cost
of its portion of said maintenance or repairs , tog e ther with the District's reasonable overhead costs for
managing said repairs.
102384330v1 I Page 2 of4
638
7. INSURANCE AND SURETY BOND. Prior to entry upon the Easement Area , Easement Holder shall
provide and maintain proof of Comprehensive General Liabi lity Insurance in th e minimum amount o f One
Million Dollars ($1,000,000) per incident with no deductible or self-insured retention l im it and shall name
the District, its Board , officers, employees, agents, representatives, contractors, subcontractors, and
invitees as additional insureds. The policy shall be written by a company authorized to transact business in
the state of California by the California D epartment of Insurance. The District re serves the right to require
the Easement Holder to provide a Surety Bond to assure tt1at any damage to th e Access Road caused by
the Easement Holder is repaired in a timely manner.
8 . CONDEMNATION. If the whole of the Access Road should be taken by a public authority u n der
the power of eminent domain, then this Agreement shall cease on the date of possession by said public
authority. If only a portion of the Access Road should be taken under eminent domain, then the remaining
portion of the Access Road shall continue to be governed by this Agreement.
9 . PARTIES BOUND AND BENEFITED. The covenants, terms and conditions herein contained shall
apply to, bind and benefit the District. Easement Holder, and their respective successors and assigns.
10. HOLD HARMLESS.
(a) By Easement Holder. Easement Holder hereby promises to indemnify and defend the
District, its Board , officers and employees and to hold them harmless from any loss or damage arising out
of or relating to any death, bodily injury , or property damage resulting from, or in conjunction with, the use
of the Access Road by the Easement Holder. its agents, invitees or employees, except to the extent that
such loss or damage arises out of or is related to the gross negligence or intentional or willful acts or
omissions of District.
(b) By District. D istrict hereby promises to indemnify and defend Easement Holder, its
directors, officers, members, partners, affiliates and employees and to hold them harmless from any loss
or damage arising out of or relating to any death, bodily injury, or property damage resulting from, or in
conjunction with, the use of the Access Road by District, its agents, invitees or employees, except to th e
extent that such loss or damage arises out of or is related to the gross negligence or intentional or willful
acts or omissions of Easement Holder.
11 . ENTIRE AGREEMENT. This Agreement constitutes th e entire understanding of the parties with
respect lo the subject matter hereof. superseding all negotiations, prior discussions, ancl preliminary
agreements or understandings, written or oral.
12. AGREEMENT MODIFICATION This Agreement may be not be terminated or amended except
upon the mutual written consent of both th e District and the Easement Holder. On behalf of the District,
such modification may be executed by t11e Director of the Water & Sanitation Department or his or her
autt1orized designee.
13. PARTIAL INVALIDITY. If any term, covena nt, condition or provision of this Agreement is found by
a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the p rovisions hereof
sliall remain in full force and effect and shall in no way be affected, impaired, or invalidated there by.
14. NOTICES. All notices required under this Agreement, including changes of address or ownersl1ip,
shall be in writing All notices shall be given (i) by delivery in person, (ii) by a nationally recognized next
day delivery service, or (iii) by first class. registered or certified mail , postage prepaid to th e address that
each party has specified below. All notices shall be effective upon (i) receipt by the party to which notice is
given, or (ii) on the fiftt,·(5th) clay following mailing, whichever occurs first.
"Dis trict"
Ventura County Waterworks District No.
102384 330V'11 Page 3 of 4
639
Attention: Eric Kel ler, Deputy Director -Operations & Maintenance
6767 Spring Road
"Toll"
Moorpark, CA 93021
Toll CA, L.P.
725 West Town and Country Road
Suite 200
Orange CA 92868
15. ARTICLE HEADINGS. Article headings in tt1is Agreement are fo r conven ience only and are not
intended to be used in interpreting or construing the terms. covenants. and conditions of this Agreement.
16. EFFECTIVE DATE. Th is Agreement sllall become effective upon execution of the Agreement by
the last signatory to it.
Date: __ l,_· _l t._tt_\_l_'\" __ _
APPROVED:
d~ager
Real Estate Services Division
Ventura County Pub lic Works Agency
102384330v11
NTY WATERWORKS DI STRICT
,J. · · C io, Director
C tra l Ser vices Department
V tura County Pub lic Works Agency
"DISTRICT"
TOLL CA, L.P., a California limited Partnership
By: Toll CA GP Corp.,
Page 4 of 4
a Ca lifornia corpora io
Its General Partne
Name: ----'fmre-Res,::;i------
DMsfon Vice President Its: _____________ _
"TOLL"
640
A notary public or other officer completing this certificate verifies only the identity of the individual who
s igned the document to which this certificate is attached , and not the truthful ness, accuracy, or validity of
th at document.
ACKNOWLEDGMENT
STATE OF c?/-lc..1 ;-'O£/)/(T'
COUNTY OF Co_-;; ,4-<_J 6,!::.2ES
--)
On e,,,_JUjJE I <o , 20/ '.l-, before me. ///-} lv?F~_/l -Si-. 0U/-IU_? 'a Notary Public in
and for said County and State, personally appeared )/a Ce' /?DS~I . who
proved to me o n the basis of satisfactory evidence to be the person(,0whose name(%) is/qre subscribed to
the wit11in instrument and acknowledged to me that he/s~e/tl)€y executed th e same in his/l)e'r/t~ir
authorized capacity(i~). and that by his/l)er/tQeir signature($) on the instrument the person~). or the entity
upon behalf of which the person(,0' 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.
1············~ PAMELA ST. JOHNS ~ Notary Public -California :
~ Los Angeles County ►
"' Commission• 2099487 -~ a O O O M1c::,Ex:e:;e~8,e1: f
WITNESS my hand and official seal.
----....
I -7-/bl'?<-<.Ltf_) a; CJfiL,µ
NOTARY PUBLIC in and for said
County and State
My commission expires on ---'--~-c!:",=-=--;(:..>8=<....a..-'Se:::._ _________ , 20~
107.364330v11
641
--------A notary public or other officer completing this certificate verifies only the identity of the individual who
s igned tile document to which this certificate is attached . and not the truthfu lness. accuracy, or validity o f
that document.
S T ATE OF CALIFORNIA
COUNTY OF V ENTURA
ACKNOWLEDG MENT
On ({ v-,...J..,,, ~ ~ , 20__(}, before me, K.{, ~ 1~· t;k , Deputy County Clerk,
persona lly appeared S. T~ ""-<:..osro . who
r:,roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 th e 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.
102384330v11
WITNESS my hand and official seal.
MARK A LUNN, County Clerk and Recorder
County of Ventura , California
By~
642
EXHIBIT "A"
DISTRI CT PROPERTY
A portion of Parce ls 2 and 3 of Lot Line Adjustment No. 2002-10, in the City o f Moorpa rk, County of Ventu ra,
State of Califo rnia. recorded as Instrument No. 20040928-0262969 of Official Records in the Office of the
County Recorder of said County, described as follows:
B eginning a l a point in the southerly line of Lot A, also being the norlht:rly Right of Way line of
Championship Drive, as shown o n the map ofTract No. 4928-3 filed in Book J.Lu , Pages 1 through
J_l _, inclusive o f Miscellaneous Records (Maps), in the Office of the County Recorder of said Ventura
County, said point b eing distant North 75"33'00" E ast 183.15 feet from the southwesterly terminus o f
that certain course shown as" N 75°33'00" E 258.50'" on the map of sai d Tract; thence, along said
southerly l ine and the northerly Righ t of Way line of Championship Drive, as shown on said 11-act ,
South 75°33'0 0" West 183.15 feet to a tangent curve con cave northe rly having a radius of 578.00 feet;
thence westerly 146.27 feet along said curve through a cen tral angle of M0 30'00" t o a reverse curve
concave southerly having a radiu s of 622.00Jcct; t h ence westerly 1 25.21 feet along said curve through
a central angle of 11 °32'01 "; thence, l eaving said Right of Way line nnd non-tangent to said c urve,
N0rth 21°17'22" West 70.46 feet; thence North 9°33'14" East 97.78 feet; thence No11h 60"35'51" West
162.48 foet; thence North 13°39'11" East 179.43 fee t to an angle point in th~ southerly line of Parcel l
of said Lot Linc Adjustment No. 2002-10; t hence, along t he sout herly line o f said Par cel 1, North
75°31'1 l" East" 220.18 foet; thence, leaving said southerly line, South 42°06'06" East 152.35 feet; thence
South 66°45'06" East 170.15 fee t ; thence: South 2 1 °13'28" East 230.24 feet, lo the point of beginning.
102384330v11
643
EXHIBIT "B"
TOLL PROPERTY
Lot I of TRACT NO . 5463, in th e City of Moorpark, County of Ventura, State of Ca lifornia, as per M ap
recorded in Book 16 1 , Pages 57 through 68 , inclusive, of Miscellaneous Records, in the Office of the County
Recorder of Ventura County.
I02384 3 30v·1 1
644
EXH rnrr "C"
(D[TENTlON BASJN ACCESS EASEMENT)
Thai portion of Parcel 2 of Lot Linc A djustment No. 2002-10, in the City of Moorpark. Coun ty
of Vemura, State of California, recorded as lnstrnment No. 20040928-0262969, and also being a
portion ot· l'arccls A and B of the Grant Deed to Ventura County Water Works District No. I ,
Div. I , per lnstiument No. 20040928-0262972, both of Official Records, in the Office of the
County Recorder of said county, being a strip of land 36 feet wide, lying 18 feet on each s id e or
and either parallel or concentric with t he fol lowing dcsaibed centerline:
Commencing at the southwest corner of said Parcel A, being a point on the northe rly right-of-
way or Championship Drive as shown on the Map of Tract 4928-3 filed in Book 151 Page 7 of
Miscellaneous Records (Maps) in the offict: of the County Recorders office of said County, also
being a point on a curve concave southerly with a radius of 622.00 feet, a radial to said point
bears South 11 °29'0 I" East, thence easterly along said northerly right-of-way line an arc distance
of 79.73 feet, through a central angle of' 07''20'4 l" to the Point of Beginning; thence leaving
said right-of'-vvay line,
J s t North 04°0S120" West, a distance of 68.33 feet to a beginning of a tangent curve concave
to the southwesterly with a radius of 123.00 feet; thence along said curve,
2 11
" Northwesterly for an arc distance of 117.65 feet , through a central angle of 54''48'09";
thence tangent to said curve,
3"1 North 58°56'29" West, a distance of 114.47 feet to an angle point; thence,
4 th South 47°52'1 l '' West, a distance of 28.29 feet lo a point on the westerly line of said
Parcel A, distant thereon South 60°35'51" East 53.55 feet from the most westerly comer
of said Parcel A.
Contai n s 11,838 Square feet more or less.
The above described parcel of land is ddincatcd on the attached Exhibit ''D".
/1 ) "-JiJ.. \-1--' J1 J /)
vU,l,[f:.LtJ,u,.J/, /t(t.U/..,AJ!Q ,,
W illiam T. Hurdle
PLS 5453
,\p1it 1. 2nos
//~ Ji)-Z!Jj{)
Date
K :'il'OLl .l (,5.5\S urvcy\Lcgills\Off-Site\J655EX A , Basin :\c,:c." Es111111.do.,
645
EXHIBIT 11D 11
(DETENTION BASIN ACCESS EASEMENT)
I 10· I l { '
~...,J~-~~ PARCEL B
\J:..Y..-t--VCWWD No. 1. DIV. 1
\ \ · 20040928-0262972 OR
,_\ \ (STORM DRAIN EASEMENT)
SHEET 1 OF 2
-0 ,
.._, ~ PARCEL A
;'>(11t~~ VCWWD No. 1. DIV. 1 ,"'_,( )7/4ff~~ 20040928-0262972 OR
SEE SHEET 2 FOR LEGEND, '
NOTES AND CURI/£ TABLE i
25• o· 50• ~
c, •• ,~-~~~~ ~ WI
SCALE r=50'
HA TC HED AREA DENOTES LAND
DESCRIBED IN lllE ATTACHED
EXHIBIT •c·
~ ·'/;>~"-._✓ "/"-, z-· ,_ -
16'< 18• '-./ '
'-
'M WAM T. HURDLE
PLS 5453
DATE
JENSEN DESIGN & SURl/1::Y, INC. 1672 DONLON STREET, 1/1::NlURA, CA 93003 (805) 654-6977
646
CURVE DATA
JiQ l2W.A
Cl 04•11'20·
EXHIBIT "D" SHEET 2 OF 2
(DETENTION BASIN A CC ESS EASEMENT)
LEGEND
B1i.llli.l.S.
622.00'
l£Mfill:i
45.47'
OR OffiCIAL RECORD YENlURA COUNTY
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
(R) RADIAL
SCE 6 FOOT WIDE SOUlHERN CALIFORNIA EDISON COMPANY
PUBLIC UTILITY EASEJAENT PER INSTRUMENT NO.
2002-123B37 OR
SCE-1 4 FOOT Vr1DE SOUlHERN CALIFORNIA EDISON COMPANY
PUBLIC UTILI TY EASEJAENT PER INSTRU MENT NO.
2005-053B25 OR
SCG 3 FOOT WIDE SOUlHERN CALIFORNIA GAS COMPANY
PIPELINE AND CONDUIT EASEMENT PER INSffiUMENT NO.
20031006-0379841 OR
SCG-1 6 FOOT 'MOE SOUlHERN CALIFORNIA GAS COMPANY
PUBLIC UTILITY EASEJAENT PER INSlRUMEN T NO.
20041210-0326041 OR
SCG-2 6.5 FOOT Vi,DE SOUlHERN CALIFORNIA GAS COMPANY
PUBLIC UTILI TY EASEMENT PER INSTRUMENT NO.
2005-073443 OR
VCYMJ VENTURA COUNTY WA lERWORKS DISTRICT
NBRUE 100 FOOT WIDE NON-BUILDABl.£ RESTRIClEO-USE
EASEMENT PER 144 MR 53-73
JEN SEN DESIGN & SURVEY, INC. 1672 DONLON STREET, VENTURA, CA 93003 805) 654-6977
647
Toll / Masters at Moorpark Country Club 1
Assignment of Detention Basin Access Easement
103927809v1
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Dentons US LLP
4655 Executive Drive, Suite 700
San Diego, CA 92121
Attn: Ms. Katie Jacobsen
Above Space for Recorder’s Use Only
ASSIGNMENT OF EASEMENT AND MAINTENANCE AGREEMENT
(Detention Basin Access)
This ASSIGNMENT OF EASEMENT AND MAINTENANCE AGREEMENT
(“Assignment”) is made and executed as of the date of recordation hereof by and between TOLL
CA, L.P., a California limited partnership (“Toll”), and the CITY OF MOORPARK, a municipal
corporation (“City”), with reference to the facts set forth below.
RECITALS
A.By Road Easement and Maintenance Agreement recorded in the Official Records
of Ventura County, California, on ___________________ as Document No.
_________________________ (“Easement Agreement”), Ventura County Waterworks District
No. 1 conveyed to Toll a non-exclusive easement for ingress and egress to construct, inspect,
maintain and reconstruct the detention basin (“Detention Basin”) located within Lot I of Tract
No. 5463 in the City of Moorpark, County of Ventura, State of California, as per Map recorded
in Book 161, Pages 57 through 68, inclusive, of Miscellaneous Records, in the Office of the
County Recorder of Ventura County, as more particularly described in the Easement Agreement
(“Easement”).
B.The Easement is located within the portion of Parcels 2 and 3 of Lot Line
Adjustment No. 2002-10, recorded September 28, 2004, as Document No. 20040928-262969 of
Official Records of Ventura County, California, more particularly described on Exhibit “C”
attached hereto and depicted on Exhibit “D” attached hereto (“Easement Area”). (There is no
Exhibit “A” or Exhibit “B” to this Assignment.)
C.The City has agreed to assume responsibility for maintenance of the Detention
Basin, the funds for which are to be provided through a maintenance assessment district of the
City.
06/22/201720170622-00081025-0
ATTACHMENT 3
648
Toll / Masters at Moorpark Country Club 2
Assignment of Detention Basin Access Easement
103927809v1
D. As authorized by the Easement Agreement, Toll wishes to assign the Easement to
the City to provide the City access to maintain the Detention Basin.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as set forth below.
1.Assignment. Effective as of the recording of this Assignment in the Official
Records of Ventura County, California (“Effective Date”), Toll hereby assigns and transfers the
Easement to the City.
2.Assumption. As of the Effective Date, the City hereby accepts the above
assignment and assumes all obligations of the “Easement Holder” under the Easement
Agreement arising on and after the Effective Date.
3.Counterparts. This Assignment may be executed in counterparts, each of which,
when taken together, shall constitute a fully executed original.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first
above written.
TOLL:
TOLL CA, L.P., a California limited partnership
BY: Toll CA GP Corp., a California corporation, Its
General Partner
By:
Name:
Its:
ACCEPTED:CITY:
CITY OF MOORPARK, a municipal corporation
By:
Name:
Title:
649
Toll / Masters at Moorpark Country Club 3
Assignment of Detention Basin Access Easement
103927809v1
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,, Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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 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)
650
Toll / Masters at Moorpark Country Club 4
Assignment of Detention Basin Access Easement
103927809v1
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,, Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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 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)
651
652
653
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