HomeMy WebLinkAboutRES CC 1988 464 1988 0413RESOLUTION NO. 88 -464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, MODIFYING NUMBER 2. OF SECTION 3. OF RESOLUTION
85 -246 AND ALLOWING 1,465 DWELLING UNIT OCCUPANCIES IN
PLANNED COMMUNITY NO. 3.
WHEREAS, Number 2. of Section 3. Resolution Number 85 -246 limits the
number of dwelling unit occupancies in Planned Community No. 3 (PC -3)
to 1,230 until the Tierra Rejada Road Bridge (Bridge) is constructed;
WHEREAS, the City is in process of constructing the Bridge but
completion will not occur until after the 1,230th dwelling unit in PC -3
is ready for occupancy dwelling;
WHEREAS, City and Urban West Communities (UWC) are desirous of
cooperating to allow additional occupancies in PC -3 to occur prior to
Bridge completion;
WHEREAS, City and UWC are desirous of clarifying the access from Tierra
Rejada Road to the Community Park located south of the Arroyo Simi,
east of Tierra Rejada Road and a fourteen (14) acre site owned by UWC
and hereinafter referred to as the '14 acre site';
WHEREAS, the access to the Community Park will travel across the 14
acre site and is hereinafter referred to as the 'park road';
WHEREAS, the park road is planned to take access from Tierra Rejada
Road on property owned by the Moorpark Unified School District (MUSD)
said access is hereinafter referred to as the 'park access entry';
WHEREAS, Bridge is currently estimated to be completed by September
1988 with a contractual obligation for completion to occur no later
than ,January 1, 1989;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council does hereby authorize a total of
1,465 Dwelling Unit occupancies in Planned
Community No. 3 upon receipt of written concurrence
by UWC of the following eight (8) items:
1. Within thirty (30) days of adoption of the
park road alignment by the City Council, UWC
shall provide the City with the legal
description to allow UWC to grant the City an
easement for road purposes (or fee title if
desired by the City) across the 14 acre site
to connect the park access entry and the
Community Park. The alignment to be generally
consistent with the alignment illustrated on
the Preliminary Design dated April 11, 1988.
2. UWC agrees not to convey title to any or all
of the 14 acre site to any other entity
excluding any other UWC related entity until
it has granted the aforementioned easement (or
fee title) to the City. UWC further agrees to
grant the park road easement (or fee title)
within five (5) working days of the City's
request to do so.
3. In the event MUSD doesn't grant the
twenty -four (24) month temporary easement for
the park access entry within sixty (60) days
of adoption of the park road alignment by the
City Council, the City reserves the right to
modify the alignment illustrated on the
Preliminary Design to provide direct access at
any location fronting Tierra Rejada Road from
the 14 acre site desired by the City. UWC
agrees to grant to the City an easement (or
fee title) within five (5) working days of the
City's request to do so for that portion of
the 14 acre site desired by the City pursuant
to the aforementioned modified alignment to
provide direct access fronting Tierra Rejada
Road from the 14 acre site at no cost to the
City.
4. Within twenty -four (24) months of City's
receipt of temporary easement for the park
access entry from MUSD and in no event later
than July 1, 1990, UWC agrees to obtain from
MUSD a permanent road easement for the park
access entry and give same to City at no cost
to the City. Within thirty (30) days of the
granting of the temporary easement for the
park access road by MUSD to the City, but in
no event later than July 1, 1988 UWC shall
provide an Irrevocable Letter of Credit in an
amount determined by the City but not to
exceed $75,000 to guarantee this obligation.
In the event UWC does not obtain the permanent
easement for the park access road as herein
specified, City retains the right to modify
the alignment illustrated on the Preliminary
Design to provide direct access at any
location fronting Tierra Rejada Road from the
14 acre site desired by the City at no cost to
City. UWC agrees to grant to the City an
easement (or fee title) within five (5)
working days of the City's request to do so
for that portion of the 14 acre site desired
by the City pursuant to the aforementioned
modified alignment to provide direct access
fronting Tierra Rejada Road from the 14 acre
site at no cost to the City.
5. UWC agrees not to convey title to any or all
of the 14 acre site 'to any other entity
excluding any other UWC related entity until
it has granted an easement (or fee title) to
the modified alignment described in numbers 3.
and 4., above.
6. UWC agrees on or before July 1, 1988 to pay
the remaining unreimbursed cost (estimated at
$33,583) incurred by MUSD for improvement of
the park access entry to MUSD.
7. UWC agrees that when park road is designed
that the park road surface elevation will be
out of the 100 year Flood Plain except as
needed to accommodate development of the park
as determined by the City Council.
8. In addition to the aforementioned park road,
UWC shall grant to the City the necessary
utility easement on the 14 acre site to
accommodate connection of the utilities
serving the park to Tierra Rejada Road prior
to conveyance of any or all of the 14 acre
site to any other entity excluding any other
UWC related entity.
9. City shall continue to issue certificates of
occupancy to a maximum of 1,465 dwelling units
only so long as UWC is not in default on any
of items 1 -8, above. City shall give written
notice to UWC of any default and UWC shall
have three (3) working days to correct any
such default.
SECTION 2. The Planning Commission is directed to take the
Major Modification Public Hearing scheduled for
April 18, 1988 off calendar and to not hear the
matter;
SECTION 3. That this Resolution shall take effect immediately.
SECTION 4. That the City Clerk shall certify to the passage
and adoption of this Resolution and shall enter it
into the book of original Resolutions of said City.
PASSED AND ADOPTED this 13th day of April , 1988.
Ev > �(\
�ohn Patrick Lane, Mayor
City of Moorpark, CA
ATTEST:
I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury, that the foregoing Resolution No.
88- 464 was adopted by the City Council of the City of Moorpark at their
meeting thereof held on the 13th day of April 1988, and that
the same was adopted by the following vote:
AYES: Councilmembers Brown, Harper, Perez and Mayor Lane.
NOES: Councilmember Galloway.
ABSENT: None.
ABSTAIN: None.
Witness my hand and the official seal of said City this 20th day of
April 1988. Executed in the City of Moorpark, California,
County of Ventura.
City Cle
(Beall