HomeMy WebLinkAboutAGENDA REPORT 2024 0904 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 4, 2024
ACTION APPROVED STAFF
RECOMMENDATIONS, INCLUDING
ADOPTION OF RESOLUTION NO. 2024-
4271. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
H. Consider Resolution Accepting the Conveyance of Property from the Moorpark
Unified School District for the Extension of Casey Road. Staff Recommendation:
1) Consider and approve draft Resolution No. 2024-4271, accepting the Grant
Deed of certain real property described as Estate 3 in fee and "as-is," as described
and depicted in Exhibits A and B of the Grant Deed; and 2) Authorize the Mayor to
execute the Certificate of Acceptance of the Grant Deed, in fee and as-is, of certain
real property described as Estate 3 in fee and "as is" and as described and
depicted in Exhibits A and B of the Grant Deed; and 3) Direct the City Clerk to file
and cause to be recorded the Certificate of Acceptance in the Ventura County
Recorder’s Office. (Staff: Daniel Kim, City Engineer/Public Works Director)
(ROLL CALL VOTE REQUIRED)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 09/04/2024 Regular Meeting
SUBJECT: Consider Resolution Accepting the Conveyance of Property from the
Moorpark Unified School District for the Extension of Casey Road
SUMMARY
The City seeks to obtain title to property that would allow for the extension of Casey
Road into the Hitch Ranch development so as to provide a connection between Hitch
Ranch and Walnut Canyon Road. This agenda item is to accept a piece of property
from the Moorpark Unified School District that would facilitate that connection.
BACKGROUND
On December 18, 1997, a Final Order of Condemnation for real property was issued for
the public purpose of the construction, operations, and maintenance of the Casey Road
Elementary School site, now known as Walnut Canyon Arts & Technology Magnet
School. As part of this Action, the Moorpark Unified School District took into possession
several pieces of real property described as Estate 1, Estate 2, and Estate 3 and as
depicted in Attachment 1. Estate 3 encompasses approximately 0.42 acres and is
designated as a “Restricted Use Area for Road & Utility Related Purposes.” Although
conveyance of these properties to the City was anticipated to occur, the actual
conveyance never took place. The implementation of the Hitch Ranch project
necessitates the conveyance of Estate 3 for the construction roadway improvements
within the Hitch Ranch project.
DISCUSSION
On June 18, 2024, the Moorpark Unified School District Board of Education approved
and adopted Resolution No. 2023-2024-13, authorizing the conveyance of Estate 3 to
the City of Moorpark for roadway and utility related purposes. Attachment 2 contains
the Grant Deed by which Estate 3 is conveyed to the City in fee and in an “as is”
condition.
Item: 10.H.
133
Honorable City Council
09/04/2024 Regular Meeting
Page 2
Currently, Estate 3 serves as a private extension of Casey Road, an existing public road
that is owned and maintained by the City. The existing improvements on Estate 3
provides for a private driveway that accesses the Walnut Canyon Arts & Technology
Magnet School campus and its facilities. Estate 3 is already restricted for the use of
road and utility purposes and its conveyance to the City will provide for the future
extension of Casey Road into the public street system and for the future development of
Tentative Tract No. 5708 (Hitch Ranch). The future extension of Casey Road will also
program infrastructure improvements for Casey Road that will be designed to public
street standards that will include proper drainage conveyance, curb and gutter,
sidewalks, and driveways. This dedication of right-of-way is consistent with the 2050
General Plan Circulation Element and is necessary for one of the planned access points
into and out of the Hitch Ranch development.
In addition to examining the Final Order of Condemnation and its boundary conditions,
City staff requested a Phase 1 Environmental Site Assessment (ESA) specifically for
Estate 3. ESAs are typically conducted for the purpose of evaluating the environmental
condition of a property that is associated with a land transaction and is performed in
accordance with the Environmental Protection Agency and American Society for Testing
and Materials (ASTM). In summary, Estate 3 was inspected for the presence of
Recognized Environmental Conditions (RECs) from historic and current uses and
identified no obvious conditions that compromise its environmental quality.
Staff recommends that the City Council consider and approve a draft Resolution,
Attachment 3, to accept from Moorpark Unified School District the Grant Deed in fee for
Estate 3.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act (CEQA) does not apply to activities that will
not result in a direct or reasonably foreseeable indirect physical change in the
environment or is otherwise not considered a project as defined by CEQA Statute
§ 21065 and CEQA State Guidelines § 15060(c)(3) and § 15378. The acceptance of
the Grant Deed, in fee, of Estate 3 meets the above criteria and is not subject to CEQA.
No additional environmental review is required.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
134
Honorable City Council
09/04/2024 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Consider and approve draft Resolution No. 2024-____, accepting the Grant Deed
of certain real property described as Estate 3 in fee and “as-is,” as described and
depicted in Exhibits A and B of the Grant Deed; and
2. Direct the City Clerk to execute the Certificate of Acceptance of the Grant Deed,
in fee and as-is, of certain real property described as Estate 3 in fee and “as is”
and as described and depicted in Exhibits A and B of the Grant Deed; and
3. Direct the City Clerk to file and cause to be recorded the Certificate of
Acceptance in the Ventura County Recorder’s Office.
Attachment 1: Exhibit A to Final Order of Condemnation
Attachment 2: Grant Deed – Estate 3
Attachment 3: Draft Resolution No. 2024-____
135
ATTACHMENT 1
136
ATTACHMENT 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Moorpark
799 Moorpark A venue
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§ I I 922
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 EXIDBIT "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:
HOOL DISTRICT
Date:
12853-00 l 9\2927053vl.doc 137
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 , --:to;2-Lf 'before me, k a$ h.L'. • G{;u:t_cLLvvv ' -------~---u ~ j (. iinsert me and title of the officer)
Notary Public, personally appeared '"'-' 0"10--<J:;$ ,
who proved to me on the basis of satisfactory evidence to be the personc,) whose name~ is/a/e
subscribed to the within instrument and acknowledged to me that l)e/shelth/y executed the same
in h~/her/th,iir authorized capacity(is(s), and that by lys/her/thefi signature~ on the instrument the
person(1.), or the entity upon behalf of which the person{J1 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.
12853-00 l 9\2927053vl .doc
(Seal)
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KASHIF CHAOURY ~ Notary Public • California I
) Ventura County f
Commission :/ 23 98921 -
My Comm. Expires Apr 2•. 2026
138
EXHIBIT "A"
LEGAL DESCRIPTION
ESTATE3
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 of29.76 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
12853-00 I 9\2927053vl .doc 139
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
oflast 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 I .doc 140
EXHIBIT "B"
DEPICTION OF ESTATE 3 PROPERTY
Exhibit "B" -1
12853-00l 9\2927053v I .doc 141
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EXHIBIT "B"-2
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142
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
)
)
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 PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ _ (Seal)
12853-0019\2927053vl .doc
143
RESOLUTION NO. 2024-____
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.
ATTACHMENT 3
144
Resolution No. 2024-____
Page 2
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.
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. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Grant Deed – Estate 3 Property
145
ATTACHMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Moorpark
799 Moorpark A venue
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§ I I 922
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 EXIDBIT "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:
HOOL DISTRICT
Date:
12853-00 l 9\2927053vl.doc
Resolution No. 2024-____
Page 3
146
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 , --:to;2-Lf 'before me, k a$ h.L'. • G{;u:t_cLLvvv ' -------~---u ~ j (. iinsert me and title of the officer)
Notary Public, personally appeared '"'-' 0"10--<J:;$ ,
who proved to me on the basis of satisfactory evidence to be the personc,) whose name~ is/a/e
subscribed to the within instrument and acknowledged to me that l)e/shelth/y executed the same
in h~/her/th,iir authorized capacity(is(s), and that by lys/her/thefi signature~ on the instrument the
person(1.), or the entity upon behalf of which the person{J1 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.
12853-00 l 9\2927053vl .doc
(Seal)
1,.,.,.,,,,,.eeeeeeee
KASHIF CHAOURY ~ Notary Public • California I
) Ventura County f
Commission :/ 23 98921 -
My Comm. Expires Apr 2•. 2026
Resolution No. 2024-____
Page 4
147
EXHIBIT "A"
LEGAL DESCRIPTION
ESTATE3
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 of29.76 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
12853-00 I 9\2927053vl .doc
Resolution No. 2024-____
Page 5
148
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
oflast 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 I .doc
Resolution No. 2024-____
Page 6
149
EXHIBIT "B"
DEPICTION OF ESTATE 3 PROPERTY
Exhibit "B" -1
12853-00l 9\2927053v I .doc
Resolution No. 2024-____
Page 7
150
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Resolution No. 2024-____
Page 8
151
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
)
)
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 PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ _ (Seal)
12853-0019\2927053vl .doc
Resolution No. 2024-____
Page 9
152