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HomeMy WebLinkAboutRES CC 2025 4361 2025 1105 RESOLUTION NO. 2025-4361 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 SANITARY SEWER CONNECTION AT 83 HIGH STREET AND MAKING A DETERMINATION OF CONSISTENCY WITH THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark (City) is the owner of APNs 511-0-050-175 and 511-0-050-265, commonly referred to as the New Moorpark City Library; and WHEREAS, the City is required to relocate a public sewer line that serves most of north Moorpark and the New Moorpark City Library; and WHEREAS, in order for the City to relocate the sewer line a 10-foot wide easement over/under City property needs to be granted to the Ventura County Waterworks District No. 1 (VCWWD No. 1) who will be the ultimate owner of the sewer facilities; and WHEREAS, City is willing to provide the easement subject to the requirements of the easement deed; and WHEREAS, on February 27, 2024, the Planning Commission adopted Resolution No. PC-2024-706 certifying the Final Environmental Impact Report (FEIR) for the New Moorpark City Library Project consisting of construction of a 17,272 square foot City Library and associated site improvements located at 83 High Street and demolition of the existing 7,900 square foot public library structure located at 699 Moorpark Avenue. 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 Final Environmental Impact Report (FEIR) adopted for the New Moorpark City Library Project. Thus, no subsequent environmental review is required pursuant to CEQA Guidelines Section 15162 for the following reasons set forth below: A. On February 27, 2024, the Planning Commission adopted Resolution No. PC-2024-706 approving a FEIR 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 FEIR, 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 FEIR. Therefore, all potential environmental impacts associated with the Project are adequately addressed by the FEIR, Resolution No. 2025-4361 Page 2 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 FEIR or substantially more severe impacts than those disclosed in the FEIR; and b. All potential environmental impacts associated with the Project are adequately addressed by the FEIR, and those mitigation measures contained in the MMRP will reduce those impacts to a level that is less than significant and remain applicable to the Project pursuant to Project Approvals. The custodian of records for the FEIR, 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. Based on the findings contained herein, the City Council approves the grant of easement to the Ventura County Waterworks District No. 1 at the New Moorpark City Library (83 High Street) for construction and maintenance of sewer connection, attached hereto as Exhibit A, and authorizes the Mayor to sign the Easement Agreement. SECTION 3. 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 5th day of November, 2025. Chris R. E egren, Mayor ATTEST: OP9 <'pa c4 p �0,9 Ky Spa ler, Cit Jerk _FirrabrOjP1 ClOr Li Exhibit A— Grant of Easement q/ Resolution No. 2025-4361 Page 3 EXHIBIT A Recorded at the request of and Return to: Public Works Agency County of Ventura Attn: Real Estate Services 800 S. Victoria Avenue Ventura, CA 93009-1640 A. P. #511-0-050-175, 511-0-050-265 Instrument# WWD1 (S) 107.60E No Fee Required (Govt. Code Sec. 6103 & 27383) (Rev. & Tax. Code Sec. 11922) EASEMENT DEED (Moorpark Library Sewer Lines) FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, THE CITY OF MOORPARK, a municipal corporation ("Grantor") does hereby GRANT to VENTURA COUNTY WATERWORKS DISTRICT NO. 1 ("Grantee") the following: A perpetual easement and right of way ("Easement") to construct, use, maintain, operate and repair subsurface sewer pipelines ("Pipelines") and related purposes, including but not limited to such surface installations and devices that are appurtenant to said sewer pipelines, and for any subsurface electrical and/or communications lines necessary, incidental, and convenient to operate the sewer system, including, but not limited to such surface installations and devices that are appurtenant to and incidental to said electrical and/or communications lines in, on, over, under, and across the following described real property in the State of California, County of Ventura ("Easement Area"): [See Easement Area description in Exhibit "A" and depiction on Exhibit "B," attached hereto and made a part hereof by these references] RW-8/9 1 of 5 (Rev.9/25) Resolution No. 2025-4361 Page 4 Instrument#WWD1 (S) 107.60E AGREEMENT Grantee accepts the Easement Area 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 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 Pipelines, fixtures, and 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. Grantee shall use due care in the construction, operation and maintenance of the Pipelines and understands that any curbs, gutters, sidewalks, landscaping, or irrigation disturbed or damaged as a part of Grantee's operations on the Pipelines, shall be replaced or repaired by Grantee, to the satisfaction of the Grantor, at Grantee's expense. Grantor requires fourteen (14) 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 the Easement Area for any purpose not inconsistent with the rights and privileges granted above and which would not interfere with or endanger the Pipelines or the use thereof, including but not limited to ingress and egress by way of walkway and driveway, along with landscaping and other surface improvements. Grantee agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Grantor, its officers, employees, servants, and agents from any third-party claim, demand, damage, liability, loss, cost, or expense whatsoever arising directly or indirectly from any damage or injury to persons or property by reason of the actions or omissions, intentional or otherwise, of Grantee in exercising any of the privileges granted or in consequence thereof under the Easement. Grantor agrees, to the fullest extent permitted by law, to indemnify and hold harmless Grantee, its Board, officers, employees, servants, and agents from any third- party claim, demand, damage, liability, loss, cost, or expense whatsoever arising directly or indirectly from any damage or injury to persons or property by reason of the actions or omissions, intentional or otherwise, of Grantor using the Easement Area. 2 of 5 RW-8/9 (Rev.4/25) Resolution No. 2025-4361 Page 5 Instrument#WWD1 (S) 107.60E GRANTOR: CITY OF MOORPARK Date: By: Name: Its: GRANTEE: VENTURA COUNTY WATERWORKS DISTRICT NO. 1 Date: Joan Araujo, Director Central Services Ventura County Public Works Agency Grantor's Authorized Officer 3 of 5 RW-8/9 (Rev.4/25) Resolution No. 2025-4361 Page 6 Instrument#WWD1 (5) 107.60E 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. ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 2025, before me a Notary Public in and for said County and State, 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 in and for said County and State My commission expires on , 20 . 4 of 5 RW-8/9 (Rev.4/25) Resolution No. 2025-4361 Page 7 Instrument#WWD1 (S) 107.60E 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. ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 2025, before me a Notary Public in and for said County and State, 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 in and for said County and State My commission expires on , 20 . 5 of 5 RW-8/9 (Rev.4/25) Resolution No. 2025-4361 Page 8 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A THAT PORTION OF LOT "U", TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 5, PAGE 5, OF MISCELLANEOUS RECORDS (MAPS), IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 20.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "U" AS SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 64, PAGES 12 THROUGH 16, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LOT "U" NORTH 00°30'54" EAST, 40.00 FEET TO THE NORTHERLY LINE OF THE 40.00 FOOT WIDE PUBLIC ROAD EASEMENT QUITCLAIMED TO VENTURA COUNTY PER DEED RECORDED JULY, 27, 1931 IN BOOK 358, PAGE 9, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID NORTHERLY LINE SOUTH 89°29'20" EAST, 10.00 FEET TO A LINE THAT IS PARALLEL WITH AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF SAID WESTERLY LINE OF LOT "U", SAID POINT BEING THE TRUE POINT OF BEGINNING; 1ST: THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID PARALLEL LINE NORTH 00°30'54" EAST, 420.37 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED AS TRACT 1600.2 IN THE GRANT DEED RECORDED JUNE 19, 1978 IN BOOK 5142, PAGE 424, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY ON SAID NORTHERLY LINE OF THE 40.00 FOOT WIDE PUBLIC STREET EASEMENT AND TO TERMINATE NORTHERLY ON SAID NORTHERLY LINE OF TRACT 1600.2. THE ABOVE DESCRIBED PARCEL CONTAINS 8,407 SQUARE FEET OR 0.19 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. Page 1 of 2 Resolution No. 2025-4361 Page 9 THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 6/11/25 T THY S. TIG P. 42 DATE opt. LANp ? .\*1 S FFf GAG d ;t No. 7542 tit 9l� O�� OF A���` Page 2 of 2 Resolution No. 2025-4361 rage 10 PLAT TO ACCOMPANY EXHIBIT »B» SHEET 1 OF 2 SHEETS LEGAL DESCRIP 170N IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA NOTE: SEE SHEET 2 FOR DETAIL 'A', LINE TABLE POR. PARCEL 8 EASEMENT NOTES AND VICINITY MAP -- 1984-52082, O.R. NO. BEARING LENGTH L i (N 00 30 54"E) 40.00' SOUTHERLY LINE TRAL2 (S 8929'20" . / 142 4T 1 OR00.1 TRACT B E) 1000' �� 542/2 0.R. >984- 30' i 52082, O.R. r/ NOTRACT NORTHERLY LINE 1600.2 1 5142/424 O.R. 10' I POR. PARCEL 8 CHARLES 10' 1984-52082, O.R. STREET r20' APN 511-0-050-265 rI 20070103-00001381, O.R. I-SSEE SHEET 2 APN 511-0-050-255 / I FAR DETAIL 'A' PARCEL 2 W / 20170105- W 00001825, O.R. � / Q o / I � ct 94-132836, 0.R. L. 2 PARCEL 1 APN 511-0-050-065 0 v 20170105-00001825, O.R. o O APN 511-0-050-175 �i II PARCEL A �1 Z 8,407 SQ.FT.t ii'— / I 0.19 AC.± 94-058049, O.R. � APN 511-0-050-140 / WESTERLY LINE o0 0cs � LOT "U" I o /I� 5MR5 & co o o // 64RS12 CS 0 I 03 0 0 2283-262 O.R. 10' I o i o0 o POR. APN 511-0-050-270 30' �' 7 10' o - AI IT.P.O.B. N.CS ' N.CS '' 2060-467 O.R. J I © ©c\' — NN POR. APN 511-0-050-2707 ri HIGH L2 _ _ (N 8929'20" w) _ c _ STREET c, 1 1 HIGH STREET P.O.0 LEGEND SW COR. LOT "U" 5MR5 & 64RS12 i' PARCEL A - EASEMENT AREA (XXXX) INDICATES RECORD DATA PER 0 40 80 1 60 RECORD OF SURVEY 64RS12 AND I I P.O.C. POINT OF COMMENCEMENT I-1 I g "6., SCALE: 1 = 80 T.P.O.B. TRUE POINT OF BEGINNING 42. FFT?, F o■■•■■■ �� 0 o ■��®.� G UI D� * No. 7542 PREPAR BY ME OR UNDER MY DIRECTION: ■®U■U■ Q ▪ll$ .. 220 COMMERCE,SUITE 150 • 9T SL •■ ■®a 949 IRVINE.777.2000 CA 92602 6/11/25 OF C A 0 O MiliiIMEN WWW.GUIDAINC.COM TIMOTHY S. ETTIG .S. 7542 DATE Resolution No. 2025-4361 rage 11 EXHIBIT »B» SHEET 2 OF 2 SHEETS IN THE CITY OF MOORPARK COUNTY OF VENTURA, STATE OF CALIFORNIA (N 89'29'20" W) 20.00' r IN t 9� 1 C 10'� Q P Ce ���\)' 4CZ- 10' 111 SITE ..../...20' HIGH STREET pR\NCETON S.P.R.R. ROW Y z CC Z I OS Ix NvC.' cF / PEE 9 iN VICINITY MAP "' / n NO SCALE N N er v v /N- // EASEMENT NOTES 0 /I o 2 O INDICATES A 10' WIDE STORM DRAIN CHANNEL EASEMENT TO VENTURA COUNTY PER i BK. 663, PG. 154, O.R., REC. 12/3/1942 PARCEL A O INDICATES A 10' WIDE STORM DRAIN CHANNEL Q.FT.t EASEMENT TO VENTURA COUNTY PER 8,407 S 0.19 O.FT BK. 663, PG. 155, O.R., REC. 12/3/1942 C.± INDICATES A 40' WIDE PUBLIC ROAD EASEMENT O RESERVED IN BOOK 112, PAGE 389, OF DEEDS, REC. 6/17/1907, AND QUITCLAIMED TO / VENTURA COUNTY PER BOOK 358, PAGE 9, O.R., REC. 7/27/1931 10'� /0' � 20' 7 ' N 8929'20" W 20.00' 1 NOTE: DETAIL 'A' SEE SHEET 1 FOR LEGEND NO SCALE AND LINE TABLE Resolution No. 2025-4361 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. 2025-4361 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of November, 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 6th day of November, 2025. Ky Sp gler, Ci Clerk (seal) Iflo,P-116464211 ,•A: ;op, Argo jUU%