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Home My WebLink AboutRES CC 2024 4271 2024 0904 RESOLUTION NO. 2024-4271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING A GRANT DEED OF PROPERTY FROM THE MOORPARK UNIFIED SCHOOL DISTRICT FOR THE EXTENSION OF CASEY ROAD WHEREAS, the Moorpark Unified School District ("School District") owns property described and depicted in the Grant Deed, attached hereto and incorporated herein by this reference ("Estate 3"), which is a 0.42 acre portion of real property at the western terminus of Casey Road, a public roadway owned and maintained by the City of Moorpark ("City"); and WHEREAS, the School District filed an eminent domain claim against sixteen defendants that jointly owned several properties in order to acquire those sites to construct a new school. The School District's action was titled Moorpark Unified School District v. Marshall Craig Milligan, et. al., Case No. SC 016973, and was filed in the Superior Court of California, County of Ventura (the "Action"). On December 18, 1997, a Final Order of Condemnation was entered in the Action and the School District became the fee owner of several properties, including the property known as Estate 3; and WHEREAS; pursuant to the Action, Estate 3 is designated as a "Restricted Use Area for Road & Utility Related Purposes;" and WHEREAS; the School District adopted Resolution No. 2023-2024-13, approving the conveyance of Estate 3, as described and depicted in Exhibits A and B of the Grant Deed, for roadway and utility related purposes to the City; and WHEREAS, the Estate 3 property will provide for the future extension of Casey Road into the public street system and for the future development of Tentative Tract 5708 in a manner consistent with the 2050 General Plan Circulation Element in order to provide a roadway connection from Walnut Canyon Road into and out of the Hitch Ranch development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the proposed acquisition of property for right-of-way purposes, which property is depicted in Exhibits A and B of the Grant Deed, is consistent with the adopted 2050 General Plan Circulation Element. SECTION 2. The City Council hereby accepts title to the property described in the Grant Deed, in fee and in an "as is" condition, as that property is described and depicted in Exhibits A and B of the Grant Deed. SECTION 3. The City Council authorizes the City Clerk to execute the Certificate of Acceptance of the Grant Deed that is attached to this Resolution. Resolution No. 2024-4271 Page 2 SECTION 4. The City Council directs the City Clerk to file and record the Deed and the Certificate of Acceptance with the Ventura County Recorder's Office. SECTION 5. 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 4th day of September, 2024. Chris R. Ene n, or ATTEST: P,� irk►'°< so 4:$4WW111��2 K Spa ler, Ci lerk _ � a Y P : * ,: i cll 41.E o Attachment: Grant Deed — Estate 3 Property Aar !+ �U1 Resolution No. 2024-4271 ATTACHMENT Page 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark,CA 93021 Attn: City Clerk APN [X] Portion SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee pursuant to Government Code§6103 No Documentary Transfer Tax per R&T Code§11922 No Recording Fee per Government Code§27383 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, MOORPARK UNIFIED SCHOOL DISTRICT, a public school district organized and existing under the laws of the State of California("GRANTOR"),does hereby GRANT to the CITY OF MOORPARK, a municipal corporation ("GRANTEE"), in fee and as-is, that certain real property located in the City of Moorpark, County of Ventura, State of California described more particularly in EXHIBIT"A"and depicted in EXHIBIT"B"attached hereto and incorporated herein by this reference, together with all improvements thereon, and all easements, rights and benefits appurtenant thereto for public use, namely public street, public utility,and drainage purposes,and all uses necessary or convenient thereto. IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the date set forth below. GRANTOR: MOO IFIED SCHOOL DISTRICT Date: ) 0 2-9 By: �� . =c t Title: - "1rf 12853-001912927053v1.doc Resolution No. 2024-4271 Page 4 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 Ventura ) On -7 1-1 , before me, i'LL � � tt�� et � � t insert me and title of the officer) Notary Public,personally appeared I\` M�- J 0 t ''�-( •S who proved to me on the basis of satisfactory evidence to be the person() whose name() is/a/e subscribed to the within instrument and acknowledged to me that lA/she/thty executed the same in h /her/thhir authorized capacity(icis),and that by lis/her/then signature(p)on the instrument the person(,or the entity upon behalf of which the person($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) • XASHIF CHADURY . * Notary Public-California i Ate . Ventura County ] +ry-�q' Commission t 279A92i_ 1_ _•_My Comm.ExDiresADr 2s,202 12853-0019\2927053v1.doc Resolution No. 2024-4271 Page 5 EXHIBIT "A" LEGAL DESCRIPTION ESTATE 3 That part of Lot T, Tract L, Rancho Simi, in the City of Moorpark, County of Ventura, State of California,according to the map recorded in Book 5,page 5 of Maps in the office of the County Recorder of said county, lying within a portion of the land described as Parcel 5 in the quitclaim deed, recorded on March 30, 1995 as document number 95-037565 in the office of said recorder, said portion being more particularly described as follows: Beginning at the intersection of the west line of the land described in the deed to The Boys and Girls Club of Moorpark, a non-profit California corporation, recorded on December 11, 1991 as document number 91-185164, with a line that lies 31.50 feet southerly and parallel with the centerline of Casey Road (defined herein as having a bearing of N 89° 19' 45" W) as shown in State of California,Department of Transportation,surveyors field book 94-049 at pages 5, 11 and 12;thence along said west line and its southerly prolongation, South 00°35'30"West 85.50 feet to the beginning of a tangent curve concave northeasterly having a radius of 31.00 feet, and having its forward tangent passing through the southeasterly terminus of a line that bares South 27° 59' 45" East 187.17 feet from said intersection and point of beginning;thence southerly along said curve, through a central angle of 55°00'00"an arc length of 29.76 feet;thence along said forward tangent, South 54°24'30"East 93.21 feet to said southeasterly terminus;thence along a line parallel with said centerline, South 89° 19'45"East 12.90 feet;thence South 00°41'00"West 334.50 feet;thence North 89° 19'00"West 28.00 feet;thence South 84° 34' 15" West 416.50 feet to the beginning of a tangent curve concave southeasterly having a radius of 50.00 feet;thence southwesterly along last said curve, through a central angle of 54° 22' 45" an arc length of 47.45 feet; thence tangent to last said curve, South 30° 11'30"West 126.50 feet to the beginning of a tangent curve concave northerly having a radius of 60.00 feet;thence southerly,westerly and northwesterly along last said curve, through a central angle of 90° 00' 00" an arc length of 94.25 feet to its northwesterly terminus;thence tangent to last said curve, North 59°48' 30" West 320.00 feet; thence Exhibit"A"—1 12853-001912927053v 1.doc Resolution No. 2024-4271 Page 6 Estate 3 (Legal Description) Continued South 30° 11' 30" West 5.00 feet to the beginning of a non-tangent curve concave easterly having a radius of 65.00 feet.A radial line bears South 30° 11'30"West from the beginning of last said curve; thence northwesterly, northerly and northeasterly along last said curve, through a central angle of 95° 00' 00" an arc length of 107.77 feet; thence tangent to last said curve, North 35° 11' 30"East, 327.00 feet;thence along a line that bears North 00° 39' 30" East, 176.64 feet to its intersection with a line that lies parallel with and 39.50 feet southerly of said centerline and its westerly prolongation. Last said intersection being the TRUE POINT OF BEGINNING of this description;thence continuing, 1st North 00° 11' 30" East 59.50 feet to its intersection with a line that lies parallel with and 20.00 feet northerly of said centerline;thence along last said parallel line, 2nd South 89° 19' 45" East 304.30 feet to its intersection with the 12th course in Parcel 5 of said document number 95-037565,described therein as"North 39.79 chains";thence along said 12th course and easterly line of said Parcel 5, 3rd in a southerly direction, 59.50 feet to its intersection with a line that lies parallel with and 39.50 feet southerly of said centerline and its westerly prolongation;thence along last said parallel line, 4th North 89° 19'45" West 304.47 feet to said TRUE POINT OF BEGINNING. EXHIBIT "A"—2 12853-0019\2927053v 1.doc Resolution No. 2024-4271 Page 7 EXHIBIT"B" DEPICTION OF ESTATE 3 PROPERTY Exhibit"B" — 1 12853-0019\2927053v l.doc Resolution No. 2024-4271 Page 8 • 0 n Na. $'__ W 1I7 . ,_...... 4 es,Is'4s-E JP430' } �$ ESTA1E 3 a CASEY_ BES,incNll asse saurE N Iv Ter 45'WW }� 8 fce MAD A uRum NIA=nwc565 'n •i. N4A-•MI!t�1Fs I §II SCALE: Y a MO' ��.p &' FSrArE'a`� Z. REVISED NAY�.ISO7 �Li 1;e 1 c� BGUNOARY KA7 •,.`t el b - RROFEERTYY ACOUI 11O S FOR " [ CASEY ROAD ELINENTARY SCHOOL ' 1 { ¢ g x 4' S51,:›011Ow -\(:1— I g I as r 0 o4pp/ ) r ,�rt�S >: F ~O'y .. en._ ..., GG T 1 A �L HST$ 6 1 '+L lA-;'-, �'+c. Pi. ��T� 4 N n, Ni f i t °5 C'CtI s1Y4. 8 :u M't 443 ,n zi oi• ^6gTM eao- .t OaA 0 * - g-c P k 1. .A" PREPARED BY $ f. ROSECRANS S ASSOCIATES �, 4. }gy, --'''� PROFESSIONAL LAND SURVEYORS NOTE; fluff PUT NAf WEN CONP AgnuED FN `G4t it AVAJLARLE WFORNAIION FOR DIE EXPRESSED 28.10 R®ADSIb bRtl� SUITE 152 PURPOSE OP M IING TIE USRR p IDIEMFYIN6 p , \ -€ AGOURA HILLS. CA. 91301 A5S AtEA4ire oafs wM D PM:R 54 WHIN cees Nos q+, �.'�• + 2 p®. ESTAFE 1 (B18) 889•-7445 RFFriESENT A SURVEY Or THE SUBJECT mean. cv-- 9. ESTATE j NO 9mf+F ROOM'lS WENDED OK w114FIE& e`°40, 4. tws t'O PREPARED FOR KO• T+MS PLAT IS BElIE+F TO BE,,tR 1. 1 MOORPA K UNIFIED SCHOOL DISTRICT KO Waxer IS A55INfFD FOI AMY JQ.�QCURN4 ? s. . BY MEASON EF PCUANCE EN�L � B 4ci REPRESEN rn MEM tiff— _ ___---_ ) FLAT SKr(lkl 2 or 2 0_ 0 . EXHIBIT "B"—2 12853-001912927053v1.doc Resolution No. 2024-4271 Page 9 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Grant Deed dated , from Moorpark Unified School District, a public school district organized and existing under the laws of the State of California, 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 Council of the City of Moorpark on , and the City of Moorpark consents to recordation thereof by its duly authorized officer. Dated: ,2024 Print Name: Title: 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 Ventura ) f On ,before me, (insert name and title of the officer) 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) 12853-0019\2927053v1.doc Resolution No. 2024-4271 Page 10 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2024-4271 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of September, 2024, 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 5th day of September, 2024. Ky Sp n le , Cit lerk (seal) Pp`p p� q< zir tr-; D 44,i. ^ July