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Home My WebLink AboutRES CC 2024 4282 2024 1106 RESOLUTION NO. 2024-4282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A GRANT OF EASEMENT TO VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR CONSTRUCTION AND MAINTENANCE OF A WATER LINE AND SANITARY SEWER CONNECTION AT GLENWOOD PARK AND MAKING A DETERMINATION OF CONSISTENCY WITH THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark is the owner of APN 504-0-021-185, commonly referred to as Glenwood Park; and WHEREAS, KB Homes is the Developer of the Beltramo Ranch by KB Homes Project (KB Homes), which has been approved a Residential Planned Development (RPD) 2021-01; and WHEREAS, KB Homes is required to provide a public water and sewer line that will serve the future development; and WHEREAS, in order for KB Homes to construct the water and sewer connection, a 30-foot wide easement over/under City property needs to be granted to Ventura County Waterworks District No. 1 (VCWWD No. 1) who will be the ultimate owner of the water and sewer facilities; and WHEREAS, CITY is willing to provide the easement subject to the requirements of the easement deed; and WHEREAS, on July 20, 2022, the City Council adopted Resolution No. 2022-4117 approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program associated with the Beltramo Ranch Development (RPD 2021-01 and Vesting Tentative Tract Map No. 2021-01) for a residential project consisting of 47 single-family home and associated site improvements on 7.4 acres of property. 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 that the proposed grant of easement is consistent with, and within the scope of, the Mitigated Negative Declaration (MND) adopted for the Beltramo Ranch Development. Thus, no subsequent environmental review is required pursuant to CEQA Guidelines Section 15162 for the following reasons set forth below: I I Resolution No. 2024-4282 Page 2 A. On July 20, 2022, the City Council adopted Resolution No. 2022-4117 approving a MND and Mitigation Monitoring and Reporting Program (MMRP) for the Project. The Community Development Director reviewed the MND and has determined that the proposed easement and improvements are consistent with the development analyzed in the MND, and that the Project does not involve new information of substantial importance which shows that the Project would have significant effects not discussed in the approved MND. Therefore, all potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MMRP will reduce those impacts to a level that is less than significant. B. Based upon the whole of the record before it and its independent review and judgment, the City Council concurs with staff and finds that the Project is not subject to further environmental review pursuant to CEQA Guidelines Section 15162 because: a. The Project and circumstances under which the Project is undertaken do not involve substantial changes which would result in new significant environmental effects not discussed in the MND; and b. All potential environmental impacts associated with the Project are adequately addressed by the MND, and those mitigation measures contained in the MMRP will reduce those impacts to a level that is less than significant. The custodian of records for the MND, and all other materials that constitute the record of proceedings upon which the determination is based, is the Community Development Department. Those documents are available for public review with the City of Moorpark, Community Development Department, 323 Science Drive, Moorpark, California, 93021. SECTION 2. The proposed grant of easement is consistent with the 2050 General Plan in that it will facilitate the provision of required water and sanitary infrastructure to an approved residential development. SECTION 3. Based on the findings contained herein, the City Council approves the grant of easement to the Ventura County Waterworks District No. 1 at Glenwood Park for construction and maintenance of water and sewer connection, attached hereto as Exhibit A, and authorizes the Mayor to sign the Easement Agreement. Resolution No. 2024-4282 Page 3 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 6th day of November, 2024. Chris R. Ene n, Mayor ATTEST: Ky Spa ler, City lerk 41,011111 10 Exhibit A — Grant of Easement ‘511)404111607;*io TJ' ' Resolution No. 2024-4282 Page 4 Exhibit A [Grant of Easement] Resolution No. 2024-4282 Page 5 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: County of Ventura Real Estate Division 800 South Victoria Avenue Ventura, CA 93009 Copy to: City of Moorpark 323 Science Drive Moorpark, CA 93021 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code Section 27383. GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF MOORPARK ("Grantor") hereby grants to the County of Ventura, Waterworks District #1 ("Grantee"), a perpetual, nonexclusive easement to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate water and sewer pipeline(s) and necessary devices and appurtenances thereto ("Pipeline(s)") in and on that certain real property in the County of Ventura, State of California, described in Exhibit "A" and depicted on Exhibit "B" attached hereto (such rights being described hereafter as the "Easement" and the area affected thereby, the "Easement Area"). Grantee accepts the Easement Area in its current "AS IS" condition, without representation or warranty, express or implied, and subject to all matters or records and all matters that would be disclosed by a diligent inspection. The Pipeline(s) and every part thereof shall be confined to the Easement Area and shall be constructed by Grantee with sufficient ground cover (Le., distance between ground surface and top of Pipeline(s)) as shown on the construction plans for the Pipeline(s)), as determined in good faith by Grantor. The Easement includes (a) the right to reasonably enter the Easement Area to reasonably survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof; and (b) a reasonable right of access across Grantor's adjacent property to and from the Easement Area for the purpose of exercising the rights granted herein. The Easement is being granted after certain improvements have been made. Grantee understands that any curbs, gutters or sidewalks disturbed as a part of Grantees operations on the Pipelines, shall be replaced -1- Resolution No. 2024-4282 Page 6 by Grantee, to the satisfaction of the Grantor, at Grantee's expense. Due to the location of the Easement, Grantor requires thirty (30) days advance notice of Grantee's routine maintenance or replacement operations on the Pipelines. Grantee shall notify Grantor of operations on the Pipelines due to an emergency situation as soon as reasonably possible. Grantor reserves the right to occupy and use Grantor's Property for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger the Pipeline(s) or the use thereof. Grantee shall use due care in the construction, operation and maintenance of the Pipeline(s). Grantee shall obtain and maintain reasonable liability insurance for the Easement Area naming Grantor as additional insured, and prior to using the Easement Area shall provide reasonable evidence thereof to Grantor (and thereafter shall provide such evidence promptly upon written request by Grantor). Grantee shall defend, indemnify and hold Grantor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses incurred or suffered by Grantor as a direct or indirect result of Grantee's use of the Easement Area or access thereto. This Grant of Easement is intended to encumber the Easement Area and bind Grantor and Grantor's successors-in-interest to the Easement Area. GRANTOR: CITY OF MOORPARK 1 Chris Enegren, Mayor Attest: Ky Spangler, City Clerk Resolution No. 2024-4282 Page 7 EXHIBIT "A" DESCRIPTION OF EASEMENT AREA , -2-p; , . ,;;;An' Resolution No. 2024-4282 Page 8 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 37, FREMONT SUBDIVISION OF LOT L OF RANCHO SIMI IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA,PER MAP RECORDED IN BOOK 3, PAGE 39 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 9, 1979 IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS, NORTH 194.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE 1st: WEST 106.97 FEET; THENCE 2°d: NORTH 40°00'00" WEST 46.33 FEET TO THE SOUTHEASTERLY LINE OF ELDERBERRY AVENUE AS SHOWN ON TRACT NO. 3841-2 RECORDED IN BOOK 95, PAGE 21 OF MISCELLANEOUS RECORDS (MAPS)ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 84.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 28°39'36" WEST; THENCE ALONG SAID SOUTHEASTERLY LINE 3RD: NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 20°27'14"AN ARC LENGTH OF 30.17 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET NORTHEASTERLY OF THE 2ND COURSE DESCRIBED HEREIN, RADIAL LINE TO SAID LAST MENTIONED POINT ON SAID CURVE BEARS NORTH 49°06'51" WEST; THENCE NON-TANGENT TO SAID CURVE, LEAVING SAID SOUTHEASTERLY LINE ALONG SAID PARALLEL LINE 4TH: SOUTH 40°00'00" EAST 31.76 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE 1ST COURSE DESCRIBED HEREIN; THENCE ALONG LAST SAID PARALLEL LINE 5TH: EAST 92.98 FEET TO SAID EASTERLY LINE OF LAND DESCRIBED IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE PAGE 1OF2 Resolution No. 2024-4282 Page 9 EXHIBIT "A" LEGAL DESCRIPTION (Continued) 6TH: SOUTH 30.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,144 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF. DATED: October 16 , 2024 SAND SU 4xT. � 0LFo J A * L.S.7586 * Danny T. Davis,P.L. 7586 tr)9 �e of CAt�F�� PAGE 2 OF 2 < LU CC < I— Z LIJ CO 2 -0— r. LU '•- .3.) _c CO LU — I LL :It X 0 < LL1 z ,%:.....,, •1,-,' 0 0 — LLJ :..,..,.Z..' CI `N CV c.) 00 •'''s 0 '1 , ,.... Q;; — ,...;,, •cr ,:,..,...:, 0.0 CN 0 -1- v0 . 0 Z c•I 0 •— 0.4.... 0 = 1- 1 — 0 (1) rn ci) 0) tr-1 CD CC:i co r-i a_ ommimm. -ri. .....No. .r Resolution No. 2024-4282 Page 11 THAT PORTION OF LOT 37, FREMONT SUBDIVISION OF LOT L OF RANCHO SIMI IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 3, PAGE 39 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED IN DEED RECORDED APRIL 9, 1979 IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER LINE DATA z (, L1 - N00'00'00"E 194.75' i w L2 - N90'00'00"W 106.97' Q ��OO Gi ��`' L3 - N40'00'00"W 46.33' >- ��➢ L4 - S40'00'00"E 31.76' ce LOT 10` L5 - N90'00'00'E 92.98' Lu m (H1) L6 - S00'00'00"W 30.00' c[ LOT 18,0 Lu i 9 P,R 1 CURVE DATA w LOOT 18B 4 QQ1� C1 - L=30.17', R=84.50', 46.=20'27 14" 1 1 LOOT 1BO to in 1 In 10 (n1) M^ O p 04 zv Z�' LOT 121 LEGEND AND ABBREVIATIONS: (G11) N - NORTH HARVESTER ' E - EAST STREET- 1 L4 W - WEST R/W L5 L6 S = SOUTH �� _ MR - MISCELLANEOUS RECORDS (MAPS) 1l�4 POB POINT L3 POB - POINT OF BEGINNING L2 TPOB - TRUE POINT OF BEGINNING TPOB . - CENTER LINE R/W - PUBLIC RIGHT OF WAY '/A- DESCRIBED AREA 5363 O.R. ago (4,144 SQ. FT.) POE. OF LOT 37 CO R1 - 95 MR 21 (TRACT 3841-2) FREMONT I T TRACT 3 MR 39 L1 Lo 0 w z J J co w M I- cn POB w 0 SOUTHEAST CORNER 5363 O.R.398 fri c� �ANp S� c, aQ <s -z- —N— *)1 L.S.7586 * s y F 6)F CAt\ A,_ 10-16-24 DANNY T.DAVIS,P.L.S.#7 DATE SCALE: 1"=80' EXHIBIT "B" ..�. SHEET 1 OF 1 0 80 160 Resolution No. 2024-4282 Page 12 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. 2024-4282 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of November, 2024, and that the same was adopted by the following vote: AYES: Councilmembers Delgado, Groff, Means and Mayor Enegren NOES: None ABSENT: Councilmember Castro ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of November, 2024. Ky Spa ler, Cit lerk (seal) 11 die/}J