HomeMy WebLinkAboutRES CC 2025 4346 2025 0806 RESOLUTION NO. 2025-4346
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE GRANT OF
A DRAINAGE AND CONSTRUCTION EASEMENT
AGREEMENT, AND AN EMERGENCY ACCESS,
PEDESTRIAN ACCESS, AND CONSTRUCTION
EASEMENT AGREEMENT TO MOORPARK CASEY
ROAD LP, SUBJECT TO FINAL LANGUAGE APPROVAL BY
THE CITY MANAGER AND CITY ATTORNEY, AND MAKING
A FINDING OF CONSISTENCY WITH THE APPROVED
MITIGATED NEGATIVE DECLARATION FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.
2012-02 IN CONNECTION THEREWITH
WHEREAS, the City of Moorpark ("City") is the owner of certain real property
identified as Parcel "B" of Lot Line Adjustment No. 2014-01, as evidenced by the
document recorded on August 31, 2016 as Instrument No. 20160831-00125261 of Official
Records, located at the corner of High Street and Walnut Canyon Road (the "City
Property"); and
WHEREAS, Moorpark Casey Road LP ("Developer") is the owner of property
located at 150 Casey Road, Moorpark, California, on which it is developing a 200-unit
affordable apartment community commonly known as Vendra Gardens (the "Project"),
approved under Residential Planned Development Permit No. 2012-02; and
WHEREAS, as Conditions of Approval for the Project, the Developer is required to
secure certain easements on the City Property to provide for emergency vehicular and
pedestrian access to High Street, as well as to construct and maintain certain drainage,
sedimentation, and retaining wall improvements to support stormwater management and
fire safety needs for the Project; and
WHEREAS, to satisfy these conditions, the Developer and City have negotiated a
Drainage and Construction Easement Agreement and an Emergency Access, Pedestrian
Access, and Construction Easement Agreement (collectively, the "Easement
Agreements") that provide the Developer with non-exclusive easements over portions of
the City Property for the construction, use, and maintenance of the required
improvements; and
WHEREAS, the Developer shall construct all improvements within the easement
areas at its sole cost and incorporate the improvements into a maintenance assessment
district to ensure ongoing maintenance at no cost to the City's General Fund; and
WHEREAS, on July 18, 2007, the City Council adopted a Mitigated Negative
Declaration (MND) and Mitigation Monitoring and Reporting Program for the Project, and
the Community Development Director has determined that the proposed Easement
Agreements are consistent with the Project as analyzed in the MND, requiring no further
environmental review under Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines.
Resolution No. 2025-4346
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby concurs with the Community Development
Director's finding that the approval of the Easement Agreements is consistent with the
previously adopted Mitigated Negative Declaration for Residential Planned Development
Permit No. 2012-02 and this action does not require additional environmental review
pursuant to CEQA Guidelines Section 15162.
SECTION 2. The City Council hereby approves the Drainage and Construction
Easement Agreement and the Emergency Access, Pedestrian Access, and Construction
Easement Agreement, in substantially the form presented to the City Council and
attached hereto as Exhibits "A" and "B," subject to final language approval by the City
Manager and City Attorney.
SECTION 3. The City Council hereby authorizes and directs the City Manager to
execute the Easement Agreements on behalf of the City and take all actions necessary
or appropriate to implement this Resolution.
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 August, 2025.
Chris R. E gren, Mayor
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Exhibit A: Drainage and Construction Easement Agreement
Exhibit B: Emergency Access, Pedestrian Access, and Construction Easement Agreement
Resolution No. 2024-4346
Page 3 EXHIBIT A
This instrument prepared by and when recorded return to:
Moorpark Casey Road LP
5251 Ericson Way
Arcata, CA 95521
DRAINAGE AND CONSTRUCTION EASEMENT AGREEMENT
This Drainage and Construction Easement Agreement(this"Agreement") is dated as of
,2025,by and between MOORPARK CASEY ROAD LP, a California limited
partnership,whose address is 5251 Ericson Way, Arcata, CA 95521 ("Grantee"), and the CITY
OF MOORPARK,a California municipal corporation,whose address is 323 Science Drive,
Moorpark, California 93021 ("Grantor"). Grantor and Grantee are sometimes individually
referred to herein as a"Party"or collectively as the"Parties."
RECITALS
A. Grantor owns certain real property in the City of Moorpark, Ventura County, State
of California, located at the corner of High Street and Walnut Canyon Road and more particularly
described on Exhibit"A" attached hereto ("Grantor Land").
B. Grantee owns certain real property in the City of Moorpark, Ventura County, State
of California, located at 150 Casey Road and more particularly described on Exhibit`B"attached
hereto ("Grantee Land").
C. Grantee intends to develop a 200-unit affordable apartment community commonly
known as Vendra Gardens (the"Project")on the Grantee Land.
D. The Grantor Land is currently vacant.
E. The Grantor Land and the Grantee Land are sometimes referred to individually
herein as a-Parcel"and collectively as the"Parcels."
F. As a condition of Project approval by the City of Moorpark Planning Department
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
Moorpark,Grantee is required to utilize a detention basin on the Grantor Land for the flow of storm
water that originates both upslope of the Grantee Land and from the Grantee Land that flows
through the Grantor Land to a detention basin ("Detention Basin") within the portion of the
S-1
Moorpark—Emergency Access Easement
Resolution No. 2024-4346
Page 4
Grantor Land legally described and depicted on Exhibit"C"attached hereto(the"Detention Basin
Easement Area").
G. Grantee is also required,as a condition of Project approval by the City of Moorpark
Planning Department and as a pre-requisite of the Project receiving its final inspection or certificate
of occupancy from the City of Moorpark, to construct the Detention Basin and a related access
road as depicted on Exhibit"C"attached hereto(collectively,"Detention Basin Improvements")
at its cost and as depicted on the approved plans for the Project identified as "Precise Grading
Plans"as approved by the City of Moorpark on March 9, 2023 ("Approved Plans").
H. Grantee is also required,as a condition of Project approval by the City of Moorpark
Planning Department and as a pre-requisite of the Project receiving its final inspection or certificate
of occupancy from the City of Moorpark,to construct a sediment basin on the Grantor Land as an
erosion control measure ("Sediment Basin") as depicted on Exhibit"C" attached hereto, as well
as landscaping improvements(collectively,"Sediment Basin Improvements")as depicted on the
Approved Plans.
I. As a condition of Project approval by the City of Moorpark Planning Department
and as a pre-requisite of the Project receiving its final inspection or certificate of occupancy from
the City of Moorpark,Grantee is also required to construct a retaining wall on the Grantor Property
(the "Retaining Wall") within the portion of the Grantor Land legally described and depicted on
Exhibit"C"(the"Retaining Wall Area").
J. The Grantor Land has been used to stockpile soil in accordance with that certain
Easement Agreement between Grantor and Essex Moorpark Owner, L.P., dated April 17, 2017,
and recorded on April 17, 2017 as Instrument No. 20170417-0050722 in the Official Records of
Ventura County (the "Stockpiling Easement") which soil the Grantee shall remove and use in
connection with the development of the Project. As a condition of Project approval by the City of
Moorpark Planning Department and as a pre-requisite of the Project receiving its certificate of
occupancy from the City of Moorpark, Grantee is required to restore the Grantor Land upon the
removal of the stockpiled soil to the graded condition that is set forth in the Approved Plans.
K. Grantor desires to grant a temporary construction easement in favor of the Grantee
and its agents, contractors, and subcontractors ("Grantee Construction Parties") to allow the
Grantee Construction Parties access to the Grantor Land to construct the Detention Basin
Improvements, Sediment Basin Improvements, and Retaining Wall and for the removal of the
stockpiled soil and grading and restoration of the Grantor Land substantially in accordance with
the Approved Plans(collectively,the"Work").
NOW, THEREFORE, in consideration of the foregoing and mutual representations,
warranties,covenants,and agreements herein contained,and such other consideration,the receipt
of which is hereby acknowledged by the Parties,the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement.
2. Term and Commencement Date. The commencement date of this Agreement shall be the
date that the Grantee acquires fee title to the Grantee Land ("Closing Date") or such later date
Moorpark — Drainage and Construction Fas,ment S-2
Resolution No. 2024-4346
Page 5
set forth herein. Except for the Construction Easement set forth herein,the covenants under this
Agreement are to run with the land in perpetuity and will be binding on all parties and all persons
claiming under them.
3. Grant of Drainage Easement. Subject to the terms and conditions of this Agreement,
Grantor hereby grants to the Grantee, a perpetual non-exclusive easement for the use of the
Detention Basin for the purposes of draining storm water that flows from land upslope of the
Grantee Land and also from the Grantee Land through the Grantor Land to the Detention Basin.
Except as otherwise provided in Section 6 of this Agreement, Grantor shall not enter into any
agreement or do or suffer any other act or permit any condition which would unreasonably
interfere with the reasonable access to and use of the easements set forth herein.
4. Grant of Temporary Construction Easements. Grantor hereby grants to the Grantee
Construction Parties, a temporary construction easement (the "Construction Easement") to be
used for the movement and staging of equipment, and the movement of a work force, over, upon
and across the Grantor Land, to perform the Work on the Grantor Land together with the right of
ingress and egress through the Grantor Land. The Construction Easement shall automatically
expire and be of no further force and effect on the date that the City of Moorpark performs a final
inspection on,or issues a certificate of occupancy for,the last building in the Project("Occupancy
Date").
5. Construction of Improvements. Grantee shall cause the Work to be performed
substantially in accordance with the Approved Plans and all other applicable plans and
specifications approved by Grantor's City Engineer and Community Development Director. Any
and all Work performed by Grantee within the Grantor Land shall be performed in a good and
workmanlike manner and in compliance with all applicable laws,rules,regulations and ordinances.
Grantee agrees that all Work shall be performed at its sole cost and expense.
6. Modification and Relocation of Easements and Improvements. Grantor shall have the
right, in its sole and absolute discretion and at Grantor's cost after the Occupancy Date, to
modify or relocate all or any portion of, and/or eliminate portions of,the Detention Basin
Easement Area,the Sediment Basin Improvements,the Retaining Wall Easement Area,and/or
improvements within such easement areas, in connection with Grantor's lawful use,development
or redevelopment of the Grantor Land, including but not limited to,the extension of High Street
through the Grantor Land by Grantor or by a third party at the request of Grantor, so as to permit
Grantor to construct or cause the construction of such extension with design features required
and approved by Grantor or permit Grantor to develop or redevelop the Grantor Land, so long as
such modification,relocation, or elimination does not materially adversely impact the use or
operation of the Project. Grantor hereby acknowledges and agrees that any such relocation or
elimination of improvements by the City pursuant to this Section shall not result in a default
under the Development Agreement entered into between the Parties, and shall not result in a
violation of the City of Moorpark Municipal Code.
7. Indemnification.Unless caused by the gross negligence or willful misconduct of Grantor,
Grantee hereby agrees to defend,indemnify and hold Grantor harmless from and against any and
all claims, liabilities, loss, damage,cost or expense, including, but not limited to, attorneys' fees
and court costs (collectively, "Loss"), which may be incurred or suffered by Grantor in
Moorpark — Drainage and Construction Fast ment S-3
Resolution No. 2024-4346
Page 6
connection with the use of the Grantor Land by the Grantee Parties and Grantee Construction
Parties. Notwithstanding the foregoing, Grantor shall not be indemnified for any Loss to the
extent caused by the gross negligence or willful misconduct of Grantor. This provision shall
survive the expiration or termination of this Agreement.
8. Maintenance Obligations. The Detention Basin Improvements, and Retaining Wall shall
be included within a maintenance assessment district(the"District")to be created by the
Grantor prior to the Occupancy Date. Grantee's land shall be included within the District and
subject to assessments under the District to contribute to the maintenance of the Detention Basin
Improvements and Retaining Wall. If and when other private property owners on Grantor's land
or on other lands offsite from Grantor's land or Grantee's land that utilize or benefit from the
Detention Basin Improvements and Retaining Wall, such property owners shall be included
within the District and contribute their legally required and proportionate share of that
maintenance cost through assessments imposed by the District.
9. Mortgagee Protection.Notwithstanding anything to the contrary herein,no breach of this
Agreement shall defeat,render invalid,diminish or impair the lien of any mortgage or deed of trust
made in good faith for value now or hereafter encumbering any Parcel or any portion thereof. Any
party acquiring title to any Parcel or any portion thereof pursuant to the foreclosure or deed-in-lieu
of foreclosure of a Mortgage shall not be liable for any fines,penalties,reimbursement obligations
or other amounts owing under this Agreement which arise prior to the date such party acquires
title to any Parcel or any portion thereof.
10. Entire Agreement. This Agreement constitutes the whole agreement between the Parties
hereto and no warranties, agreements or representations have been made or shall be binding upon
either Party unless set forth within this Agreement or within a written addendum executed by all
Parties hereto. All prior oral agreements between the Parties are superseded by this Agreement.
11. Amendments. Except as otherwise set forth herein,this Agreement may not be amended,
modified,changed,or terminated except by a writing signed by all the Parties hereto.A Party may
waive one or more of its rights under this Agreement in writing signed by the Party and such
writing need not be recorded. Otherwise, no modification or amendment of any provision of this
Agreement shall be binding unless signed by both Parties and recorded against the Parcels in the
real property records of Ventura County, California.
12. Notice. (a) All notices shall be addressed to the parties at such the addresses as are
specified in the introductory paragraph on page 1 to this Agreement, or as the parties may from
time to time direct in writing. Specifically, the Parties agree to give the Investor Limited Partner
(as defined below)and any Mortgagee of a Parcel prompt written notice of any default by the other
Party under this Agreement.Any notice under this Agreement shall be in writing and be delivered
in person or by public or private courier service (including U.S. Postal Service Express Mail and
Federal Express) or certified mail. Any notice given by certified mail shall be sent with return
receipt requested. Any notice shall be deemed to have been given on(a)the actual day of delivery
or refusal, or(b)the day of mailing by registered or certified mail.
(b) Notice to Investor Limited Partner in the event of Grantee's default.
Moorpark — Drainage and Construction Easement S-4
Resolution No. 2024-4346
Page 7
Grantor agrees to give RBC Community Investments,LLC,a Delaware limited liability company,
Grantee's investor limited partner ("Investor Limited Partner"), written notice of any and all
defaults by Grantee under this Agreement, and an opportunity, at the Investor Limited Partner's
option,to cause the cure of such default within the cure periods set forth herein,prior to exercising
any remedies under this Agreement. Grantor agrees that the Investor Limited Partner will have
thirty(30)days after the delivery to the Investor Limited Partner of notice of such default to cure,
or, as to non-monetary defaults, such longer period as is reasonably necessary for the Investor
Limited Partner to effect a cure,provided that curative action is commenced within the cure period
and diligently prosecuted. Grantor agrees to accept cure by the Investor Limited Partner as if such
cure were made by Grantee. All notices to Investor Limited Partner shall be sent in accordance
with the procedures for delivering notices set forth herein to the following address or such alternate
or additional contact names and/or addresses of which Grantor is so notified in writing by the
Investor Limited Partner:
c/o RBC Community Investments,LLC
600 Superior Avenue, Suite 2300
Cleveland, Ohio 44114
Attention: President and General Counsel
with a copy to:
Bocarsly Emden Cowan Esmail&Arndt LLP
633 West Fifth Street, 64th Floor
Los Angeles, California 90071
Attention: Kyle Arndt, Esq.
(213) 239-8048
13. Time. Time is of the essence of this Agreement.
14. Counterparts. This Agreement may be executed in counterparts and upon every Party
having executed a counterpart,each signed copy shall have the same force and effect as an original
document and as if the Parties to the counterparts had signed the same document.
15. Binding Agreement. This Agreement shall extend to and bind the representatives,
successors and assigns of the parties hereto.
16. Severability. If any term or provision of this Agreement or the application of it to any
Party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement or the application of such term or provision to Parties or circumstances, other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
17. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall
they be in any way interpreted or construed to create, a joint venture, partnership, or any other
similar relationship between the Parties.
Moorpark— Drainage and Construction Easement S-5
Resolution No. 2024-4346
Page 8
18. Captions and Headings. The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants,
conditions or agreements contained herein.
19. Exhibits and Recitals. The recitals above, mortgagee consents, and exhibits attached
hereto are incorporated herein and made a part hereof to the full extent as if each were set forth in
its entirety in the body hereof.
20. Interpretation.This Agreement is intended to satisfy the requirements of Internal Revenue
Code Section 42, as amended, and the treasury regulations promulgated thereunder and all
applicable affordable housing requirements, and shall be interpreted consistently therewith. If this
Agreement does not satisfy any such requirement, it shall be retroactively amended in the smallest
amount possible so as to comply with such requirements. The parties agree to make any
adjustments necessary to facilitate such compliance.
21. Estoppel Certificates. From time to time, upon written request of either party or any of
their mortgagees,successors or assigns,each party shall execute and deliver to the requesting party
an estoppel certificate confirming whether there are any defaults under this Agreement and such
other matters as such requesting party shall reasonably request.
22. Choice of Law. This Agreement and all rights and obligations of the parties hereunder
will be governed by and construed and interpreted in accordance with the laws of the State of
California.
23. Insurance. Grantee shall maintain comprehensive broad form general liability insurance
in the amount of$1,000,000 per occurrence and $2,000,000 in the aggregate,covering the Access
Area and shall cause its insurance carrier to name such requesting Party as an additional insured
on its general liability policy and shall provide evidence of such insurance to Grantor. This
provision shall survive the expiration or termination of the Agreement.
24. No Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication
of any portion of the Grantor Land for the benefit of the general public or for any public purposes
whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited
to the purposes herein expressed.
[Signatures appear on the following pages.]
Moorpark — Drainage and Construction Facement S-6
Resolution No. 2024-4346
Page 9
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day,month and year first above written.
GRANTEE:
MOORPARK CASEY ROAD LP,
a California limited partnership
By: Moorpark Casey Road LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
GRANTOR:
CITY OF MOORPARK,
a California municipal corporation
By:
Name:
Title:
Moorpark — Drainage and Construction Easement S-7
Resolution No. 2024-4346
Page 10
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, , a 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.
Notary Public
(SEAL)
Moorpark — Drainage and Construction Easement S-8
Resolution No. 2024-4346
Page 11
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, , a 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.
Notary Public
(SEAL)
Moorpark — Drainage and Construction Easement S-9
Resolution No. 2024-4346
Page 12
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL "B"AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS EVIDENCED BY
DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-00125261-0 OF
OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS
DOCUMENT NO. 20050503-0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT"T", TRACT NO. "L", RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF
SAID COUNTY RECORDER.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK BY DEED APRIL
30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-
03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32"WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34"WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54"WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID
PARCEL 1A.
ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE
THEREOF, WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS
RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF
OFFICIAL RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER
SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN
BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND
MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE
ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED
VERTICALLY THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED
RECORDED IN BOOK 1587, PAGE 274 OF OFFICIAL RECORDS.
APN: 511-0-020-275
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Resolution No. 2024-4346
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EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE LAND
Real property in the City of Moorpark, County of Ventura, State of California, described as
follows:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL "A"AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1,AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-
00125261-0 OF OFFICIAL RECORDS,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED JULY 21, 2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING A
PORTION OF LOT"T", TRACT NO. "L",RANCHO SIMI,AS PER MAP FILED IN BOOK 5,
PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE OFFICE OF SAID COUNTY
RECORDER AND A PORTION OF LOT 4, TRACT NO. 3 AS PER MAP ENTITLED "MAP
OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND ADDITION TO
MOORPARK,IN THE RANCHO SIMI,VENTURA COUNTY, CALIFORNIA" IN SAID
CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 5, PAGE 37 OF
SAID MISCELLANEOUS RECORDS (MAPS).
TOGETHER WITH THAT PORTION OF PARCEL 1A OF IN THAT CERTAIN LOT LINE
ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA,RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503-
0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,BEING A PORTION OF LOT "T", TRACT NO. "L",RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE
OFFICE OF SAID COUNTY RECORDER, LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03,DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE,DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
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Resolution No. 2024-4346
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3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER
HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET, MEASURED VERTICALLY
FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER,BY DEED
RECORDED IN BOOK 1592,PAGE 487 OF OFFICIAL RECORDS.
ALSO EXCEPT 50%OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN
AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653,PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25%IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE
RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET
OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM,AS RESERVED
BY RILEY SPENCE AND DORA E. SPENCER,IN DEED RECORDED IN BOOK 1587,
PAGE 274 OF OFFICIAL RECORDS.
Moorpark — Drainage and Construction Easement S-12
Resolution No. 2024-4346
Page 15
EXHIBIT C
DESCRIPTION AND DEPICTION OF DETENTION BASIN
AND RETAINING WALL AREAS
[attached]
Moorpark— Drainage and Construction Easement S-13
Resolution No. 2024-4346
Page 16
SHEET 1 OF 5
EXHIBIT C
EASEMENT 1 - DETENTION BASIN
THAT PORTION OF LAND SHOWN ON THE RECORD OF SURVEY IN THE CITY OF
MOORPARK, RECORDED ON MAY 17. 2024, IN BOOK 65, PAGES 5 THROUGH 7, AS
INSTRUMENT NO. 2024000030971 IN RECORD OF SURVEYS, COUNTY OF VENTURA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 2 OF SAID RECORD OF
SURVEY THENCE,
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2; NORTH 89°34'52" EAST,
81.05 FEET TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 87.50 FEET, A
RADIAL FROM WHICH BEARS SOUTH 24°38'00" EAST; THENCE,
LEAVING SAID NORTHERLY LINE, SOUTHWESTERLY AND SOUTHERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 64°48'28", AN ARC DISTANCE OF 98.97 FEET;
THENCE,
SOUTH 00°33'31" WEST, 165.10 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 37.50 FEET; THENCE,
SOUTHERLY, SOUTHEASTERLY & EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 98°41'51", AN ARC DISTANCE OF 64.60 FEET TO THE BEGINNING
OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 544.50 FEET;
THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°41'08", AN ARC
DISTANCE OF 120.56 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 569.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°15'25", AN ARC
DISTANCE OF 181.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 287.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4°14'44", AN ARC
DISTANCE OF 21.30 FEET; THENCE,
LEAVING NON-TANGENT FROM SAID CURVE, NORTH 00°37'03" EAST, 237.59 FEET;
THENCE,
SOUTH 86°11'42" WEST, 61.15 FEET; THENCE,
NORTH 03°48'18" WEST, 2.50 FEET TO A POINT REFERRED TO HEREINBELOW AS
POINT"A"; THENCE,
Resolution No. 2024-4346
Page 17
SHEET 2 OF 5
EXHIBIT C
SOUTH 86°11'42" WEST, 3.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE,
WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 76°59'11", AN ARC DISTANCE OF 20.15 FEET TO THE BEGINNING
OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 29.00
FEET; THENCE,
SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 78°27'55", AN ARC DISTANCE OF 39.71 FEET; THENCE,
SOUTH 87°40'26" WEST, 132.37 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 28.00 FEET: THENCE,
WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 74°56'23", AN ARC DISTANCE OF 36.62 FEET TO A POINT ALONG
THE NORTHERLY LINE OF SAID PARCEL 2; THENCE,
WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°34'52" WEST, 41.15 FEET TO THE
TRUE POINT OF BEGINNING.
AREA (MORE OR LESS): 85,691 S.F. (1.97 AC.)
EASEMENT 2-5' RETAINING WALL STRIP
THAT PORTION OF LAND SHOWN ON THE RECORD OF SURVEY IN THE CITY OF
MOORPARK, RECORDED ON MAY 17, 2024, IN BOOK 65, PAGES 5 THROUGH 7, AS
INSTRUMENT NO. 2024000030971 IN RECORD OF SURVEYS, COUNTY OF VENTURA,
STATE OF CALIFORNIA, BEING A STRIP OF LAND, FIVE (5) FEET WIDE, THE
CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT HEREINBEFORE REFERRED TO AS POINT "A"; THENCE,
NORTH 86°11'42" EAST, 113.81 FEET; THENCE,
SOUTH 89°12'55" EAST, 177.98 FEET; THENCE,
SOUTH 89°56'42" EAST, 199.96 FEET; THENCE,
NORTH 89°28'04" EAST, 117.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 16.33 FEET; THENCE,
EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 53°30'26", AN ARC DISTANCE OF 15.25 FEET TO THE BEGINNING OF A REVERSE
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.67 FEET; THENCE,
Resolution No. 2024-4346
Page 18
SHEET 3 OF 5
EXHIBIT C
SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 51°37'37", AN ARC DISTANCE OF 14.12 FEET; THENCE,
SOUTH 88°39'07" EAST, 56.70 FEET; THENCE,
SOUTH 01°20'53" WEST, 2.68 FEET TO THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE TERMINATE PERPENDICULAR TO SAID
CENTERLINE.
AREA (MORE OR LESS): 3,491 S.F. (0.08 AC.)
EXHIBIT`B', CONSISTING OF TWO (2) SHEETS, ATTACHED HERETO IS MADE A PART
HEREOF.
THIS REAL PROPERTY DESCRIPTION WAS PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROVISIONS OF THE PROFESSIONAL LAND
SURVEYOR'S T OF THE STATE OF CALIFORNIA.
�O�pND S06)
/20
J
1.7652
LARRY L. MAR, PLS 7652 DATE
gTfi OF CO
Resolution No. 2024-4346
rage 10
EXHIBIT C SHEET 4 OF 5
PARCEL"1" RECORD OF SURVEY
INST. NO. 2024000030971
BOOK 65, PAGE 5-7 R.O.S.
r
1.-- 1,----71------ - - , ,
_ _
- -7 ,- —3
/ SEE EASEMENT 2 BELOW
IPARCEL"2" RECORD OF SURVEY
INST. NO. 2024000030971
BOOK 65, PAGE 5-7 R.O.S.
N I HIGH ST
SEE EASEMENT 1 ON SHEET 5
SCALE: 1"=160'
EASEMENT2
POINT"A" AREA: 3,491 S.F.
P.O.B. PARCEL 1, RECORD OF SURVEY
BOOK 65, PAGES 5-7, R.O.S. (0.08 A.C.)
(EASEMENT 2)
-- -- -- S89'12 55"E >77.98' - S_89 56'4_2'_E 199.96'
i w
/i I w
N86'1142"E 113.81' PARCEL 2, RECORD OF SURVEY
BOOK 65, PAGES 5-7, R.O.S.
.\--
EASEMENT 2
PARCEL 1, RECORD OF SURVEY AREA: 3,491 S.F.
BOOK 65, PAGES 5-7, R.O.S. (0.08 A.C.)
'� 588'39'07'E 56.70' I
> S89'56 42'E 199.96' N89 28'04 E 117.65' C7 --_� N
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Q I- -- — �� —�— -- -- -- S120'S3'1V
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2.68'
C8 1
PARCEL 2, RECORD OF SURVEY
BOOK 65, PAGES 5-7, R.O.S.
SCALE 1"=60'
PREPARED BY
Southland 87 N
Raymond
te 300
Pa ad na,CAAve.,S91103
Civil Engineering Office 626-486-2555
&Survey,UPFax 626-486-2556
Resolution No. 2024-4346
ragc 20
EXHIBIT C SHEET 5 OF 5
POINT "A"
PARCEL 1, RECORD OF SURVEY
P.O.B.
BOOK 65, PAGES 5-7, R.O.S. (EASEMENT 2) SEE DETAIL
BELOW
T.P.O.B.
,(EASEMENT 1) C4 -- --
N89'34 52 E 589'34'52'1N -- 61.15'
.- - 81.05' _ 41.15=. _ •_ / 586'1142"W
\66' S8740 26'W 132.37'
N
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O Z . CURVE TABLE
d W CD
m CURVE/ DELTA RADIUS LENGTH TANGENT a,
w
w 1 Cl 64 4828" 87.50' 98.97' 55.54' rn
yr
C2 98'4151" 37..50' 64.60' 43.67' 4'-,
N-)
C3 474 44" 28750' 21.30' 10.66' 0
in
o C4 76'59'11" 15.00' 20.15' 11.93'
h
C5 782755" 29.00' 39.71' 23.68'
C6 74 5623" 28.00' 36.62' 21.46'
C7 53'3026" 16.33' 15.25' 8.23'
r_
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C8 513737" 15.67' 14.12' 758'
EASEMENT 1
T=91.51'
AREA: 85,691 S.F. ,�815,25" R=5695D' c3 1----
\\\ (1 .97 A.C.) _ p-1
T,6p.535C
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f]=12�41 p8 PARCEL 2, RECORD OF SURVEY
BOOK 65, PAGES 5-7, R.O.S.
``� `A NO s� k,,
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_ _ _
f- POINT "A" o
J iTJ
P.O.B.
(EASEMENT 2)
58671'42"W J> L 7652 Z-
3.69' qlF OF CA,-
SCALE: 1"=60'
Gk 61.15' PREPARED BY
Ave.
Dpry,/ 586'11'42' ' Southland 87N.Raymond Pasade Pasadena,
N3'48'1U ' Pasadena,CA 91103
Civil Engineering ,— Office 626-486-2555
2 50 &Survey,LLP 17 Fax 626-486-2556
DETAIL
SCALE: 1"=10'
�' 7/11/25
NOMMIMMEY
Resolution No. 2025-4346
Page 21 EXHIBIT B
This instrument prepared by and when recorded return to:
Moorpark Casey Road LP
5251 Ericson Way
Arcata, CA 95521
EMERGENCY ACCESS,PEDESTRIAN ACCESS,AND CONSTRUCTION
EASEMENT AGREEMENT
This Emergency Access,Pedestrian Access, and Construction Easement Agreement(this
"Agreement") is dated as of ,2025, by and between MOORPARK CASEY ROAD
LP, a California limited partnership,whose address is 5251 Ericson Way,Arcata, CA 95521
("Grantee"), and the CITY OF MOORPARK, a California municipal corporation,whose
address is 323 Science Drive,Moorpark, California 93021 ("Grantor"). Grantor and Grantee are
sometimes individually referred to herein as a"Party"or collectively as the
"Parties."
RECITALS
A. Grantor owns certain real property in the City of Moorpark, Ventura County, State
of California, located at the corner of High Street and Walnut Canyon Road and more particularly
described on Exhibit"A"attached hereto ("Grantor Land").
B. Grantee owns certain real property in the City of Moorpark,Ventura County, State
of California, located at 150 Casey Road and more particularly described on Exhibit"B"attached
hereto ("Grantee Land").
C. Grantee intends to develop a 200-unit affordable apartment community commonly
known as Vendra Gardens (the"Project") on the Grantee Land.
D. The Grantor Land is currently vacant.
E. The Grantor Land and the Grantee Land are sometimes referred to individually
herein as a"Parcel"and collectively as the"Parcels."
F. As a condition of Project approval by the City of Moorpark Planning Department,
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
S-1
Moorpark—Emergency Access Easement
Resolution No. 2025-4346
Page 22
Moorpark the Project, the Project is required to have emergency and secondary vehicular ingress
and egress and pedestrian ingress and egress through the Grantor Property from High Street.
G. Grantor desires to grant a non-exclusive access easement ("Emergency Access
Easement")in favor of the Grantee,and the employees,agents,guests,and invitees of the Project
(collectively,the"Grantee Parties") for emergency and secondary vehicular access, ingress, and
egress to the Grantee Land, from and to High Street over the easement area legally described and
depicted on Exhibit"C"attached hereto (the "Emergency Access Area").
H. Grantor also desires to grant a non-exclusive pedestrian access easement
("Pedestrian Access Easement") in favor of the Grantee Parties for pedestrian access, ingress,
and egress to the Grantee Land, from and to High Street over the easement area described and
depicted on Exhibit "C" attached hereto (the "Pedestrian Access Area" and together with the
Emergency Access Area,the"Access Areas").
I. As a condition of Project approval by the City of Moorpark Planning Department,
and as a pre-requisite of the Project receiving its certificate of occupancy from the City of
Moorpark the Project is also required to construct the roadway to be used for emergency and
secondary, ingress and egress in the Emergency Access Area (the "Access Road
Improvements"), as well as the walkway to be used for pedestrian ingress and egress in the
Pedestrian Access Area (the "Walkway Improvements"), at its cost and as depicted on the
approved plans for the Project identified as "Precise Grading Plans" as approved by the City of
Moorpark on March 9, 2023 ("Approved Plans").
J. Grantor also desires to grant a temporary construction easement in favor of Grantee
and its agents, contractors, and subcontractors ("Grantee Construction Parties") in connection
with the construction of the Access Road Improvements and Walkway Improvements,to allow the
Grantee Construction Parties access to the Grantor Land to construct the Access Road
Improvements and Walkway Improvements substantially in accordance with the Approved Plans
(collectively,the"Work").
NOW, THEREFORE, in consideration of the foregoing and mutual representations,
warranties,covenants,and agreements herein contained,and such other consideration,the receipt
of which is hereby acknowledged by the Parties,the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement.
2. Term and Commencement Date. The commencement date of this Agreement shall be the
date that the Grantee acquires fee title to the Grantee Land ("Closing Date") or such later date
set forth herein.Except for the construction easement set forth in Section 4 below,the covenants
under this Agreement are to run with the land in perpetuity and will be binding on all parties and
all persons claiming under them.
3. Grant of Easements.
3.1 Emergency Access Easement. Subject to the terms and conditions of this
Agreement, Grantor hereby grants to the Grantee Parties, a nonexclusive easement for vehicular
Moorpark— Emergency Access Easement S-2
Resolution No. 2025-4346
Page 23
ingress and egress over, through, and from the Grantee Land to High Street through the
Emergency Access Area.By virtue of this Agreement,Grantor shall maintain a vehicular ingress
and egress connection between the Grantor Land and the Grantee Land to High Street by way of
the Access Road Improvements,as depicted on Exhibit"C"hereto.Except as otherwise provided
in Section 6 of this Agreement, Grantor shall not enter into any agreement or do or suffer any
other act or permit any condition which would unreasonably interfere with the reasonable access
to and use of the Emergency Access Easement set forth herein.
3.2 Pedestrian Access Easement. Subject to the terms and conditions of this
Agreement, Grantor hereby grants to the Grantee Access Parties, a nonexclusive easement for
pedestrian ingress and egress over, through, and from the Grantee Land to High Street through
the Pedestrian Access Area. By virtue of this Agreement, Grantor shall maintain a pedestrian
ingress and egress connection between the Grantor Land and the Grantee Land to High Street by
way of the Walkway Improvements, as depicted on Exhibit "C" hereto. Except as otherwise
provided in Section 6 of this Agreement, Grantor shall not enter into any agreement or do or
suffer any other act or permit any condition which would unreasonably interfere with the
reasonable access to and use of the Pedestrian Access Easement set forth herein.
4. Grant of Temporary Construction Easement. Grantor hereby grants to the Grantee
Construction Parties, a temporary construction easement(the "Construction Easement")to be
used for the movement and staging of equipment,and the movement of a work force,over, upon
and across the Grantor Land, for construction of the Access Road Improvements in the
Emergency Access Area and the Walkway Improvements in the Pedestrian Access Area,
together with the right of ingress and egress through the Grantor Land. The Construction
Easement shall automatically expire and be of no further force and effect on the date that the City
of Moorpark performs a final inspection on, or issues a certificate of occupancy for, the last
building in the Project("Occupancy Date").
5. Construction of Improvements. Grantee shall cause the Work to be performed
substantially in accordance with the Approved Plans and all other applicable plans and
specifications approved by Grantor's City Engineer and Community Development Director. Any
and all Work performed by Grantee within the Grantor Land shall be performed in a good and
workmanlike manner and in compliance with all applicable laws, rules, regulations and
ordinances. Grantee agrees that all Work shall be performed at its sole cost and expense.
6. Modification and Relocation of Easements and Improvements. Grantor shall have the
right,in its sole and absolute discretion after the Occupancy Date and at Grantor's cost,to modify
or relocate all or any portion of, and/or eliminate portions of, the Emergency Access Easement,
Pedestrian Access Easement, and Construction Easement and/or improvements within such
easement areas, in connection with Grantor's lawful use, development or redevelopment of the
Grantor Land,including but not limited to,the extension of High Street through the Grantor Land
by Grantor or by a third party at the request of Grantor, so as to permit Grantor to construct or
cause the construction of such extension with design features required and approved by Grantor
or permit Grantor to develop or redevelop the Grantor Land, so long as such elimination,
relocation, or modification does not materially adversely impact the use or operation of the
Project. Grantor acknowledges and agrees that any such relocation or elimination of
improvements by the City pursuant to this Section shall not result in a default under the
Moorpark — Emergency Access Easement S-3
Resolution No. 2025-4346
Page 24
Development Agreement entered into between the Parties, and that elimination of all or any
portion of the Emergency Access Easement shall not result in a violation of the City of Moorpark
Municipal Code.
7. Indemnification.Unless caused by the gross negligence or willful misconduct of Grantor,
Grantee hereby agrees to defend,indemnify and hold Grantor harmless from and against any and
all claims, liabilities, loss, damage,cost or expense, including,but not limited to, attorneys' fees
and court costs (collectively, "Loss"), which may be incurred or suffered by Grantor in
connection with the use of the Grantor Land by the Grantee Parties and Grantee Construction
Parties. Notwithstanding the foregoing, Grantor shall not be indemnified for any Loss to the
extent caused by the gross negligence or willful misconduct of Grantor. This provision shall
survive the expiration or termination of this Agreement.
8. Maintenance Obligations. The Access Road Improvements and Walkway Improvements
shall be included within a maintenance assessment district (the "District") to be created by the
Grantor prior to the Occupancy Date. Grantee's land shall be included within the District and be
subject to assessments under the District to contribute to the maintenance of the Access Road
Improvements and Walkway Improvements. If and when other private property owners on
Grantor's land or on other lands off-site from Grantor's land or Grantee's land utilize or benefit
from the Access Road and Pedestrian Walkway,such property owners shall be included within the
District and contribute their legally required and proportionate share of that maintenance cost
through assessments imposed by the District.
9. Mortgagee Protection.Notwithstanding anything to the contrary herein,no breach of this
Agreement shall defeat,render invalid,diminish or impair the lien of any mortgage or deed of trust
made in good faith for value now or hereafter encumbering any Parcel or any portion thereof. Any
party acquiring title to any Parcel or any portion thereof pursuant to the foreclosure or deed-in-lieu
of foreclosure of a Mortgage shall not be liable for any fines,penalties,reimbursement obligations
or other amounts owing under this Agreement which arise prior to the date such party acquires
title to any Parcel or any portion thereof.
10. Entire Agreement. This Agreement constitutes the whole agreement between the Parties
hereto and no warranties, agreements or representations have been made or shall be binding upon
either Party unless set forth within this Agreement or within a written addendum executed by all
Parties hereto.All prior oral agreements between the Parties are superseded by this Agreement.
11. Amendments. Except as otherwise set forth herein,this Agreement may not be amended,
modified,changed,or terminated except by a writing signed by all the Parties hereto.A Party may
waive one or more of its rights under this Agreement in writing signed by the Party and such
writing need not be recorded. Otherwise, no modification or amendment of any provision of this
Agreement shall be binding unless signed by both Parties and recorded against the Parcels in the
real property records of Ventura County, California.
12. Notice. (a) All notices shall be addressed to the parties at such addresses as are
specified in in the introduction paragraph on page 1 to this Agreement, or as the parties may from
time to time direct in writing. Specifically, the Parties agree to give the Investor Limited Partner
(as defined below)and any Mortgagee of a Parcel prompt written notice of any default by the other
Moorpark — Emergency Access Easement S-4
Resolution No. 2025-4346
Page 25
Party under this Agreement.Any notice under this Agreement shall be in writing and be delivered
in person or by public or private courier service (including U.S. Postal Service Express Mail and
Federal Express) or certified mail. Any notice given by certified mail shall be sent with return
receipt requested.Any notice shall be deemed to have been given on(a)the actual day of delivery
or refusal, or(b)the day of mailing by registered or certified mail.
(b) Notice to Investor Limited Partner in the event of Grantee's default.
Grantor agrees to give RBC Community Investments,LLC,a Delaware limited liability company,
Grantee's investor limited partner ("Investor Limited Partner"), written notice of any and all
defaults by Grantee under this Agreement, and an opportunity, at the Investor Limited Partner's
option,to cause the cure of such default within the cure periods set forth herein,prior to exercising
any remedies under this Agreement. Grantor agrees that the Investor Limited Partner will have
thirty(30)days after the delivery to Investor Limited Partner of notice of such default to cure, or,
as to non-monetary defaults,such longer period as is reasonably necessary for the Investor Limited
Partner to effect a cure, provided that curative action is commenced within the cure period and
diligently prosecuted. Grantor agrees to accept cure by the Investor Limited Partner as if such cure
were made by Grantee.All notices to Investor Limited Partner shall be sent in accordance with the
procedures for delivering notices set forth herein to the following address or such alternate or
additional contact names and/or addresses of which Grantor is so notified in writing by the Investor
Limited Partner:
do RBC Community Investments,LLC
600 Superior Avenue, Suite 2300
Cleveland, Ohio 44114
Attention: President and General Counsel
with a copy to:
Bocarsly Emden Cowan Esmail&Arndt LLP
633 West Fifth Street, 64th Floor
Los Angeles, California 90071
Attention: Kyle Arndt, Esq.
(213)239-8048
13. Time. Time is of the essence of this Agreement.
14. Counterparts. This Agreement may be executed in counterparts and upon every Party
having executed a counterpart,each signed copy shall have the same force and effect as an original
document and as if the Parties to the counterparts had signed the same document.
15. Binding Agreement. This Agreement shall extend to and bind the representatives,
successors and assigns of the parties hereto.
16. Severability. If any term or provision of this Agreement or the application of it to any
Party or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Moorpark — Emergency Access Easement S-5
Resolution No. 2025-4346
Page 26
Agreement or the application of such term or provision to Parties or circumstances, other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
17. Not a Partnership. The provisions of this Agreement are not intended to create,nor shall
they be in any way interpreted or construed to create, a joint venture, partnership, or any other
similar relationship between the Parties.
18. Captions and Headings. The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants,
conditions or agreements contained herein.
19. Exhibits and Recitals. The recitals above, mortgagee consents, and exhibits attached
hereto are incorporated herein and made a part hereof to the full extent as if each were set forth in
its entirety in the body hereof.
20. Interpretation.This Agreement is intended to satisfy the requirements of Internal Revenue
Code Section 42, as amended, and the treasury regulations promulgated thereunder and all
applicable affordable housing requirements, and shall be interpreted consistently therewith. If this
Agreement does not satisfy any such requirement,it shall be retroactively amended in the smallest
amount possible so as to comply with such requirements. The parties agree to make any
adjustments necessary to facilitate such compliance.
21. Estoppel Certificates. From time to time, upon written request of either party or any of
their mortgagees,successors or assigns,each party shall execute and deliver to the requesting party
an estoppel certificate confirming whether there are any defaults under this Agreement and such
other matters as such requesting party shall reasonably request.
22. Choice of Law. This Agreement and all rights and obligations of the parties hereunder
will be governed by and construed and interpreted in accordance with the laws of the State of
California.
23. Insurance. Grantee shall maintain comprehensive broad form general liability insurance
in the amount of$1,000,000 per occurrence and$2,000,000 in the aggregate,covering the Access
Area and shall cause its insurance carrier to name such requesting Party as an additional insured
on its general liability policy and shall provide evidence of such insurance to Grantor. This
provision shall survive the expiration or termination of the Agreement.
24. No Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication
of any portion of the Grantor Land for the benefit of the general public or for any public purposes
whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited
to the purposes herein expressed.
[Signatures appear on the following pages.]
Moorpark— Emergency Access Easement S-6
i
Resolution No. 2025-4346
Page 27
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day,month and year first above written.
GRANTEE:
MOORPARK CASEY ROAD LP,
a California limited partnership
By: Moorpark Casey Road LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation,a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
GRANTOR:
CITY OF MOORPARK,
a California municipal corporation
By:
Name:
Title:
Moorpark — Emergency Access Easement S-7
Resolution No. 2025-4346
Page 28
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, , a 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.
Notary Public
(SEAL)
Moorpark— Emergency Access Easement S-8
Resolution No. 2025-4346
Page 29
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, , a 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.
Notary Public
(SEAL)
Moorpark — Emergency Access Easement S-9
rl1111111.1.1rx es
Resolution No. 2025-4346
Page 30
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL"B"AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS EVIDENCED BY
DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-00125261-0 OF
OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS
DOCUMENT NO. 20050503-0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT"T", TRACT NO. "L", RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF
SAID COUNTY RECORDER.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK BY DEED APRIL
30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-
03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF;
1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32"WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34"WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54"WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID
PARCEL 1A.
ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE
THEREOF, WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS
RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF
OFFICIAL RECORDS.
ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER
SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN
BOOK 653, PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND
MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE
ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED
VERTICALLY THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED
RECORDED IN BOOK 1587, PAGE 274 OF OFFICIAL RECORDS.
APN: 511-0-020-275
Moorpark — Emergency Access Easement S-10
Resolution No. 2025-4346
Page 31
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE LAND
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL "A"AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1,AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-
00125261-0 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA,
RECORDED JULY 21, 2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A
PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI,AS PER MAP FILED IN BOOK 5,
PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE OFFICE OF SAID COUNTY
RECORDER AND A PORTION OF LOT 4, TRACT NO. 3 AS PER MAP ENTITLED "MAP
OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND ADDITION TO
MOORPARK, IN THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA" IN SAID
CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 5, PAGE 37 OF
SAID MISCELLANEOUS RECORDS (MAPS).
TOGETHER WITH THAT PORTION OF PARCEL IA OF IN THAT CERTAIN LOT LINE
ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503-
0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI AS
PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS)IN THE
OFFICE OF SAID COUNTY RECORDER,LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE
ADJUSTMENT NO. 2005-03,DISTANT THEREON NORTH 292.97 FEET FROM THE
SOUTHEASTERLY CORNER THEREOF;
1ST THENCE,DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET;
2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET;
3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE
OF SAID PARCEL 1A.
EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER
HYDROCARBON SUBSTANCES,BUT WITHOUT THE RIGHT TO ENTER UPON THE
SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET, MEASURED VERTICALLY
FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER,BY DEED
Moorpark — Emergency Access Easement S-11
Resolution No. 2025-4346
Page 32
RECORDED IN BOOK 1592,PAGE 487 OF OFFICIAL RECORDS.
ALSO EXCEPT 50%OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN
AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED
RECORDED MARCH 28, 1942 IN BOOK 653,PAGE 659 OF OFFICIAL RECORDS.
ALSO EXCEPT AN UNDIVIDED 25%IN AND TO A POINT ON SAID LAND THE TOTAL
OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE
RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET
OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM,AS RESERVED
BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN BOOK 1587,
PAGE 274 OF OFFICIAL RECORDS.
Moorpark — Emergency Access Easement S-12
Resolution No. 2025-4346
Page 33
EXHIBIT C
LEGAL DESCRIPTIONS/DEPICTIONS OF EMERGENCY ACCESS AND
PEDESTRIAN WALKWAY AREAS
[attached]
Moorpark— Emergency Access Easement s-13
Resolution No. 2025-4346
Page 34
SHEET 1 OF 5
EXHIBIT C
EASEMENT 1 - EMERGENCY ACCESS EASEMENT
THAT PORTION OF LAND SHOWN ON THE RECORD OF SURVEY IN THE CITY OF
MOORPARK, RECORDED ON MAY 17, 2024, IN BOOK 65, PAGES 5 THROUGH 7, AS
INSTRUMENT NO. 2024000030971 IN RECORD OF SURVEYS, COUNTY OF VENTURA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 OF SAID RECORD OF
SURVEY; THENCE,
ALONG THE SOUTHERLY LINE OF SAID PARCEL, SOUTH 89°30'40" EAST, 402.00 FEET;
THENCE,
NORTH 00°30'58" EAST, 119.71 FEET TO THE TRUE POINT OF BEGINNING, BEING ON
THE WESTERLY LINE OF HIGH STREET, 80.00 FEET WIDE, PER DEED RECORDED ON
APRIL 30, 2009 AS INST. NO. 20090430-00069389-0 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 312.50 FEET, A RADIAL FROM WHICH
BEARS NORTH 8°52'38" WEST; THENCE,
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°18'35", AN ARC
DISTANCE OF 34.41 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 544.50 FEET; THENCE,
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°15'25", AN ARC
DISTANCE OF 173.50 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 569.50 FEET; THENCE,
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°41'08", AN
ARC DISTANCE OF 126.09 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 62.50 FEET; THENCE,
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22°52'53", AN ARC
DISTANCE OF 24.96 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE,
WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 68°40'35", AN ARC DISTANCE OF 23.97 FEET; THENCE,
SOUTH 36°03'58" WEST, 13.15 FEET; THENCE,
NORTH 53°56'02" WEST, 20.00 FEET; THENCE,
NORTH 36°03'58" EAST, 13.15 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE,
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 68°40'22", AN ARC DISTANCE OF 23.97 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 62.52 FEET; THENCE,
Resolution No. 2025-4346
Page 35
SHEET 2 OF 5
EXHIBIT C
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 33°09'38", AN ARC
DISTANCE OF 36.18 FEET; THENCE,
NORTH 00°33'31" EAST, 165.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 112.50 FEET, A RADIAL LINE TO
WHICH BEARS NORTH 89°26'27" WEST; THENCE,
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44°12'13", AN ARC
DISTANCE OF 86.79 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE,
NON-TANGENT FROM SAID CURVE, EASTERLY ALONG SAID NORTHERLY LINE, NORTH
89°34'52" EAST, 43.41 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 87.50 FEET, A RADIAL FROM WHICH BEARS
SOUTH 24°38'00" EAST; THENCE,
LEAVING SAID NORTHERLY LINE, SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 64°48'28", AN ARC DISTANCE OF 98.97 FEET; THENCE,
SOUTH 00°33'31" WEST, 165.10 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 37.50 FEET; THENCE,
SOUTHERLY, SOUTHEASTERLY & EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 98°41'51", AN ARC DISTANCE OF 64.60 FEET TO THE BEGINNING
OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 544.50 FEET;
THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°41'08", AN ARC
DISTANCE OF 120.56 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 569.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°15'25", AN ARC
DISTANCE OF 181.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 287.50 FEET; THENCE,
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°08'06", AN ARC
DISTANCE OF 35.80 FEET TO THE SOUTHERLY LINE OF SAID PARCEL AND WESTERLY
LINE OF SAID HIGH STREET; THENCE,
NON-TANGENT FROM SAID CURVE, SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH
00°30'58" WEST, 25.37 FEET TO THE TRUE POINT OF BEGINNING.
AREA (MORE OR LESS): 17,598 S.F. (0.40 A.C.)
Resolution No. 2025-4346
Page 36
SHEET 3 OF 5
EXHIBIT C
EASEMENT 2— PEDESTRIAN WALKWAY EASEMENT
THAT PORTION OF LAND SHOWN ON THE RECORD OF SURVEY IN THE CITY OF
MOORPARK, RECORDED ON MAY 17, 2024, IN BOOK 65, PAGES 5 THROUGH 7, AS
INSTRUMENT NO. 2024000030971 IN RECORD OF SURVEYS, COUNTY OF VENTURA,
STATE OF CALIFORNIA,BEING A STRIP OF LAND, FIVE (5) FEET WIDE, THE CENTERLINE
OF SAID STRIP BEING PARALLEL WITH AND 14.95 FEET WESTERLY OF THE EASTERLY
LINE OF PARCEL 1 IN SAID RECORD OF SURVEY.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE
TO THE NORTHERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL "B".
AREA (MORE OR LESS): 1,064 S.F. (0.02 A.C.)
THIS REAL PROPERTY DESCRIPTION WAS PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROVISIONS OF THE PROFESSIONAL LAND
SURVEYOR'S ACT OF THE STATE OF CALIFORNIA.
Np SG
7/11/25
LARRY L. MAR, PLS 7652 DATE
J� L 7652 �P
qlF OF CA��F��
Resolution No. 2025-4346
rags 37
EXHIBIT C
PARCEL"1", RECORD OF SURVEY I 1
INST. NO. 2024000030971, R.O.S. I I
BOOK 65, PAGE 5-7, R.S. I
______/ _________ ___ __
1- PARCEL"2", RECORD OF SURVEY EASEMENT 2
INST. NO. 2024000030971, R.O.S. (SEE DETAIL
BOOK 65, PAGE 5 -7, R.S. BELOVV)
EASEMENT
(SHEET 5) N
1 HIGH ST.
INST. NO. 2009043-00069389-0, O.R.
1
SCALE: 1"=160'
-- - -- - -_I_--i� l 1
/
5.00' 1
I
EASEMENT 2
AREA: 1,064 S.F.
(0.02A.C.) irn
O N
PARCEL "2", RECORD OF SURVEY i W
INST. NO. 2024000030971, R.O.S. P
BOOK 65, PAGE 5 o
o o I
iZ
5.00' I `A N S
U p
L5I —J
—— —— # EXP. 12-31-26 *
HIGH ST. J4 L 7652 �Q'
INST. NO. 2009043-00069389-0, O.R. qlF OF CA��F��
1 DETAIL
SCALE: 1"=60'
PREPARED BY. DRAWN BY
LINE TABLE Southland 87 N.RaParymondedna to Ave.,Ste 300
z 00 CHECKED BY
LINE# BEARING DISTANCE Civil Engineering Office'Fax:626�86 2556
&, rvey,LLP DESIGNED BY
L5 N892629''W 14.95'
G V Li 6/17/25 Proj.No.8570-22010
Larry L.Mar,PLS 7652 Date Sheet 4 OF 5
r 4, 4111111
Resolution No. 2025-4346
rage 30
EXHIBIT C
i PARCEL"1", RECORD OF SURVEY /
N89'3452 E INST. NO. 2024000030971, R.O.S. /�
43.41 BOOK 65, PAGE 5 -7_R.S. /
1
S24 38'00"E (R)
cc?
1 C) Li
N8926271Y R
A. 1
1
i
EASEMENT
1
AREA: 17,598 S.F. SCALE: 1"=60'
1 (0.40 A.C.)
C.
co 80.00'
INST. NO.
�" 2009043-00069389-0, O.R.
`.�) PARCEL"2", RECORD OF SURVEY1-- F-
INST. NO. 2024000030971, R.O.S. w
w
BOOK 65, PAGE 5-7, R.S. _ — fig_. 1
—569.50 cn
18'j5'25» �=91.51' N8'5238; (R) ' i
6' vi 81.4725 R=544.50' _ c1'I.1 =
56 r,60 �4 50% L=173-- T lkT.P.O.B.
_ 0
\ _ L-1241• R;5 69 50" (EASEMENT 1) 1
L3 =12 �Og R'S 30' 1
/ -L- 41 09 ;63.
03 . �2' -12126. t I h
10
`_, L 1 1
lo
V
P.O.B. (EASEMENT 1)
S89 30 04"E 402.00' 1
CURVE TABLE LINE TABLE � AND S�
CURVE I DELTA RADIUS LENGTH TANGENT LINE# BEARING DISTANCE ��� Q��� L.- ", �
li
Cl 6'1835" 312.50' 34.41' 1722' L1 536'0358V 13.15' �' o
J 77
C2 22'52 53" 62.50' 24.96' 12.65' L2 N53'56 02"1' , 20.00' * EXP. 12-31-26
C3 68'4035" 20.00' 23.97' 13.66' 13 N36'0358 E 13.15' ,I� L 76524-
C4 68'40 22" 20.00' 23.97' 13.66' L4 S0'30 581N 25.37' qTF OF CO��
C5 33'09 38" 62.52' 36.18' 18.61'
C6 44'12'13" 112.50' 86.79' 45.69' PREPARED BY: DRAWN BY
C7 64'4828" 8750' 98.97' 55.54' Southland 87 N.Raymond Ave.,Ste 300 Pasadena,CA 91103 CHECKED BY
C8 98'4151" 3750' 64.60' 43.67' Civil Engineering /` Office:626-486-2555
&$ ri'ey,LLP �1.1 Fax:626-486-2556 DESIGNED BY
C9 708 06" 28750' 35.80' 1792'
6/17/25 Proj.No.8570-22010
' Larry L.Mar,PLS 7652 Date Sheet 5 OF 5
0
Resolution No. 2025-4346
Page 39
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. 2025-4346 was adopted by the
City Council of the City of Moorpark at a special meeting held on the 6th day of August,
2025, and that the same was adopted by the following vote:
AYES: Councilmembers Barrett, Castro, Delgado, Means and Mayor Enegren
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day of August, 2025.
Ky5e
S ler, Cit
p 9 Y
(seal)
0009 R K
64
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ick
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