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HomeMy WebLinkAboutRES CC 1984 125 1984 0801RESOLUTION NO. 84- 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEEDS FOR PUBLIC ROAD PURPOSES, FROM MOORPARK STOW -IT PROPERTIES LTD., A CALIFORNIA LIMITED PARTNER- SHIP, FOR DP 289. BE IT RESOLVED, that the City of Moorpark, California, a municipal corporation, does hereby accept and consent to the recordation of the following deeds: -1- Recorded at request of and Return to Public Works Agency Real Property Services AP # 511- 070 -18 Instr. # N/A NO TAX DUE County of Ventura OFFER TO GRANT AN EASEMENT AGREEMENT (DP 289) RW -llb FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowl- edged, MOORPARK STOW -IT PROPERTIES LTD, a California limited partnership do(es) hereby GRANT to MOORPARK, a municipal corporation an irrevocable offer to grant an easement and right of way in, on, over, under and across the following described real property in the State of California, County of Ventura, for all the pur- poses of a public road. (See description on following page(s)) The undersigned, hereinafter called "Grantor ", has offered this Offer To Grant An Easement Agreement, hereinafter called "Agreement ", and the City of Moorpark, a municipal corporation hereinafter called "Entity" has accepted this Agreement upon the express understanding and intention that: 1. REJECTION OF OFFER. By acceptance of this Agreement, Entity does hereby reject the Offer, provided, however, that the Offer shall remain open and in effect so that Entity may accept the Offer at a later date. 2. TERMINATION. This Offer shall automatically terminate upon the first of the following to occur: a) The adoption of a Resolution by Entity's wherein they rescind the prior rejection of the Offer and accept the Grant of Easement; 1 of 3 �1. The northerly 10 feet of that land described recorded in Book 1981, page 97887 of Official October 16, 1981, in the Office of the County the County of Ventura. 2 of in the Grant Deed Records on Recorder in Instr. # N/A Rw -llb b) Upon recordation of a Quitclaim Deed whereby Entity relinquishes all its right, title and interest in and to the easement hereinabove offered; c) Upon vacation of the right to accept the easement hereinabove offered, pursuant to Section 8300 et seq of the Streets and Highways Code, State of California; or d) After the expiration of a period of 20 years, com- mencing from the date of this Agreement. 3. AUTOMATIC VESTING. Title to said easement shall auto- matically vest in the Entity upon recordation of a Resolution of Entity's City Council accepting same without any further action on the part of Grantor. Title shall relate back to and be effective as of the date this Agreement is recorded in the office of the Ventura County Recorder, hereinafter called "Recorder ". 4. CONSIDERATION. Consideration for this Offer To Grant An Easement is approval of DP 289 5. PARTIES BOUND AND BENEFITED. The terms of this Agree- ment shall inure to the benefit of and be binding on the heirs, assigns or successors in interest to the parties hereto. 6. RECORDATION. Grantor and Entity intend that this Agree- ment shall be recorded in the Recorder's Office. 7. COMPLETE UNDERSTANDING. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior dis- cussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns, and recorded in the Recorder's Office. Date: RJ:jg MOORPARK STOW -IT PROPERTIES LTD., a California limited partnership By d B 3 of 3 PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF ss On �,.,r / "2 � /y�y , before me, a NOTARY PUBLIC in d for said County and 'State , personally appeared 4�9•z, ✓ L �, ,-.v known o me or prow d to me on the basis ot satin a ory evidence to be the partner(s) of the partner- ship that executed the within instrument, and acknowledged to me that such partnership executed the same. OFFICIAL SEAL HOWARD S LERNER NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY MY Comm. expims OCT 30, 1987 - /Z (2 , - f , 4"e-l-, , NOTARY PUBLIC-in and for said Co'u'nty and State RW -59 Recorded at request of and Return to Public Works Agency Real Property Services AP # 511- 070 -18 Instr. # 100.1E NO TAX DUE County of Ventura E A S E M E N T D E E D (Poindexter Road) FOR A VALUABLE CONSIDERATION, receipt of which is hereby ac- knowledged, MOORPARK STOW -IT PROPERTIES LTD., a California limited partnership do(es) hereby GRANT to MOORPARK, a municipal corporation an easement and right of way for public road and related purposes in, on, over, under and across the following de- scribed real property in the State of California, County of Ventura. (See description on following page(s)) 1 of 3 RW -10 That portion of land described in the Grant Deed recorded in Book 1981, page 97887 of Official Records on October 16, 1981, in the Office of the County Recorder in the County of Ventura, described as follows: Beginning at the southeast corner of said land; thence, 1st - North 89 °59'15" West, 50.00 feet, along the southerly line of said property to the beginning of a curve con- cave southeasterly, having a radial bearing of North 89 059'15" West, and a radius of 45.00 feet; thence, 2nd - Northeasterly 75.70 feet along said curve through a central angle of 96 023'41" to the easterly property line of said land; thence, 3rd - South 0 000'50" West 44.72 feet to the point of beginning. 2 of 3 Instr. # 100.1E RW -20b MOORPARK STOW -IT PROPERTIES LTD., a California limited partnership Dated: io1,26 RJ:jg APPROVED Grantor(s) INDIVIDUAL ACKNOWLEDGMENT STATE OF ss COUNTY OF On before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the person whose name_ subscribed to the within instrument, and acknowledged that executed the same. Notary Public in and for said County and State 3 of 3 RW -59 PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF ss On 4,.Z,_a- -L6 , before me, a NOTAR PUBLIC in and for said County and State, personally appeared wq,zj Z. s. .�• �,,ri,,gy known to me or provea to me on the oasis of satistactory evidence to be the partner(s) of the partner- ship that executed the within instrument, and acknowledged to me that such partnership executed the same. a OFFICIAL SEAL NO ARY PUBLI n and for said HOWARD S LERNER County and State a► NOTARY PUBLIC - CALtfORN,A LOS ANGELES COUNTY My comm. worns OCT 30, 1957 cv�c -ss� , I - I"I- -IV JIIVII �/ RS 561 L ASSEN AVE. P iz BloCk Numbers Shown in Ellipses Parcel Numbers Shown in CirCbs M,nero/ Numbers Shown 'n SovO�Ri El Tax Ar cle 67014 67067 67070 67066 67069 67073 EQ 1-br. S. B. E. Par. 6, 7,8 a 9 872-56-23C d • 3 •3/' R • 3206.24' L • 196,791' d •0 #65'30" -R •8580.17' L • /3 8.52' N 09 °56'30 "£ 85.47' 511 -07 o oz Assessor Is MCP Bk. 511 , P9.07 County of Ventura, Calrf. BE IT FURTHER RESOLVED, that a copy of this Resolution shall be attached to said deedspursuant to Section 27281 of the California Government Code. PASSED AND ADOPTED this lst day of August, 1984. Mayor the City of Moorpark, California ATTEST: CERTIFICATE: I declare under penalty of perjury that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Moorpark, California, at its regular meeting of August 1, 1984. DATED: ��� , 1984. -2- 17 17 . ---) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) 1, DORIS D. BANKUS City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84- 125 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the lst day of August , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. WITNESS my hand and the official seal of said City this 1st day of August , 19 84 CITY CLERK