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HomeMy WebLinkAboutRES CC 2004 2183 2004 0421RESOLUTION NO. 2004 -2183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING THE OFFER OF A CONSERVATION EASEMENT FOR OPEN SPACE PURPOSES FOR LOT 263 OF VESTING TENTATIVE TRACT MAP NO. 5187 FROM WEST POINTE HOMES WHEREAS, the City Council required the dedication of Lot 263 in fee simple as a Condition of Approval of Vesting Tentative Tract Map No. 5187, and as a provision of the Development Agreement adopted by Ordinance 277; and WHEREAS, the City Council, in Section 7.10 of the Development Agreement adopted by Ordinance No. 277, agreed to cooperate with the developer to receive the maximum amount of tax benefits for its voluntary dedication of Lot 263; and WHEREAS, the acceptance of a Conservation Easement would allow the developer to realize the tax benefits of such a dedication. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council makes the following findings pursuant to Section 51084 of the California Civil Code: A. That the preservation of the land as open space is consistent with the General Plan of the City; and B. That the preservation of the land as open space is in the best interest of the City and specifically because the land is essentially unimproved and if retained in its natural state, has scenic value as well as value as a wildlife preserve, and the proposed easement contains appropriate covenants to that end. SECTION 2. The City Council has received a report from the Community Development Department indicating consistency of the Conservation Easement with the Moorpark General Plan, pursuant to Section 51085 of the California Civil Code. SECTION 3. The City Council hereby accepts the Conservation Easement, as shown on Exhibit A. Resolution No. 2004 -2183 Page 2 g7rTION 4 Th C't of this filed in K-- i y resolution and shall the book of origir PASSED AND ADOPTED thi ATTEST: Clerk shall certify to the adoption cause a certified resolution t-n he Deborah S. Traffenste , City Clerk ATTACHMENT: Exhibit A - Conservation Easement Resolution No. 2004 -2183 Page 3 EXHIBIT A RECORDING REQUESTED BY: CLERK, CITY OF MOORPARK WHEN RECORDED, RETURN TO City of Moorpark Attn: Deborah S. Traffenstedt, City Clerk 749 Moorpark Avenue Moorpark, California 93021 Escrow No.: WV914194- 301 -CF2 Title No.: 2020216 OPEN -SPACE EASEMENT GRANT DEED THIS OPEN -SPACE EASEMENT GRANT DEED (this "Easement Agreement ") is made this 13th day of April, 2004 by WEST POINTE HOMES, INC., a California corporation, having an address at 26500 W. Agoura Road, Suite 652 Calabasas, California 91302 ( "Grantor "), in favor of the City of Moorpark, California, having an address at 749 Moorpark Avenue, Moorpark, California 93021 ( "Grantee "). RECITALS A. Grantor is the sole owner in fee simple of certain real property in the City of Moorpark, County of Ventura, State of California, legally described as fully set forth in Exhibit A attached hereto (the "Property "). B. It is the intention of Grantor to grant to Grantee an open -space easement on, over, across and under the Property pursuant to the Open -Space Easement Act of 1974 (California Government Code. Section 51070 et. seq.). The purpose of this grant is to preserve the natural, scenic and open space character of the Property, and to allow, in the discretion of Grantee, access for passive recreational use by the general public. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the foregoing Recitals, and the covenants, terms and conditions set forth herein, the parties hereby agree as follows: Resolution No. 2004 -2183 Page 4 1. GRANT OF EASEMENT. Subject to the terms and conditions of this Easement Agreement, Grantor hereby voluntarily grants and conveys to Grantee an open space easement over the Property in order to preserve the natural, scenic and open space character of the Property. Said easement shall run with the Property and be binding upon Grantor and its successors and assigns. Pursuant to this Easement Agreement, the Property shall remain as open space, and free of improvements except as expressly provided herein. Grantee may, in its discretion, allow public access to the Property provided such access shall be limited to passive recreational use of the Property. Except as expressly provided herein, no other uses are authorized by Grantee pursuant to this Easement Agreement. 2. GRANTEE'S OBLIGATIONS. (a) Permissible Access Areas. In the event Grantee permits public access to the Property, Grantee shall limit public access to (i) trails that currently exist on the Property, and (ii) trails that Grantor, subsequent to the date of this Easement Agreement, constructs on the Property in fulfillment of the conditions and requirements previously imposed upon Grantor by any governmental agency in connection with Grantor's development of that certain real property located in the City of Moorpark, County of Ventura, State of California, described in Exhibit B attached hereto ( "Grantor's Adjacent Property "). of its (b) As -Is the Property whic h "As -Is" condition. Condition. Grantee accepts the condition is subject to this Easement Agreement in (c) Rules. If Grantee authorizes public access to the Property, Grantee shall adopt and enforce appropriate rules regarding such access. 3. GRANTOR'S RESERVED RIGHTS. to all uses and occupancy of, and from, the Property consistent with Without limiting the generality notwithstanding any other provision to the contrary, the following rights Grantor reserves the right ingress and egress to and this Easement Agreement. of the foregoing, and of this Easement Agreement are expressly reserved: (a) The right to take any action, or make any improvement or alteration of the Property, reasonably necessary in Grantor's sole and absolute discretion to fulfill the conditions and requirements imposed upon Grantor by any Resolution No. 2004 -2183 Page 5 governmental agency in connection with Grantor's development of Grantor's Adjacent Property; (b) The right, but not the obligation, to modify the Property, and vegetation and improvements located thereon as Grantor may find appropriate to protect against fire, flood or other natural disaster; and (c) The right to take any other action, or make any improvement or alteration of the Property, reasonably necessary in connection with Grantor's development of Grantor's Adjacent Property. (d) Prior to exercising its above rights, Grantor shall give City thirty (30) days written notice to: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 4. COSTS AND LIABILITIES. (a) Liability. Grantor is liable for any injury to persons or property arising from, or related to, Grantee's rights or obligations hereunder. (b) Indemnity. Grantor hereby agrees to indemnify, defend and hold harmless Grantee from any liability, claim, damage, loss, cost or expense, including, without limitation, reasonable attorneys' fees and other litigation expenses, arising from any injury to persons or property resulting from, or related to, Grantee's rights or obligations hereunder, or Grantee's failure to perform any of its obligations hereunder. (c) Insurance. Grantor shall maintain in force liability insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the annual aggregate naming Grantee (and Grantee's successors -in- interest to the Property) as an additional insured to protect Grantee against any and all claims arising from, or related to, Grantee's rights or obligations hereunder. Resolution No. 2004 -2183 Page 6 (d) Taxes. Prior to Grantee's acceptance of fee simple title to the Property, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority. (e) Condemnation. If any interest in the Property is acquired or condemned in an action in eminent domain, or if the Property is acquired for a public improvement by a public agency or person, the provisions of this Easement Agreement will be null and void as to the interest in the Property condemned or acquired. Grantor or its successor - in- interest shall be entitled to compensation for the taking consistent with Section 51095 of the California Government Code. Grantor's entitlement to compensation for the taking shall cease upon Grantee's acceptance of fee simple title to the Property. 5. ENFORCEMENT. The covenants, terms, conditions and restrictions of this Easement Agreement may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California, consistent with the terms of Section 51086(a) of the California Government Code. In the event either party shall institute any action or proceeding against the other party relating to this Easement Agreement, the unsuccessful party in such action or proceeding shall reimburse the successful party for its fees and costs incurred in connection therewith, including, without limitation, reasonable attorneys' fees. 6. SUBSEQUENT TRANSFERS. Grantor agrees to incorporate the terms of this Easement Agreement in any deed or other legal instrument by which Grantor transfers any interest in the Property. Grantor shall have the right to assign its rights and obligations hereunder to a homeowners' association formed for the purposes of managing and maintaining certain common area on Grantor's Adjacent Property until Grantee's acceptance of fee simple title to the property. 7. TERMINATION. This Easement Agreement may be terminated by Grantor and Grantee by mutual written agreement upon the request of either party. A party's rights and obligations under this Easement Agreement terminate upon transfer of the party's interest in this Easement Agreement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. Resolution No. 2004 -2183 Page 7 8. ABANDONMENT. The easement contemplated herein may be abandoned in the manner provided in Sections 51093 and 51094 of the California Government Code. 9. AMENDMENT. This Easement Agreement may be amended only by a written instrument executed by the parties in interest at the time of the modification, which is then recorded in the Official Records of Ventura County, California. 10. GENERAL PROVISIONS. (a) Binding on Successors and Assigns. The covenants, terms, conditions, and restrictions of this Easement Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. (b) Controlling Law. This Easement Agreement shall be governed by, and construed in accordance with, the laws of the State of California. (c) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement Agreement shall be liberally construed in favor of the deed to effect the purpose of this Easement Agreement and the policy and purpose of the Open -Space Easement Act of 1974 (California Government Code Section 51070 et. seq.). If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. (d) Severability. The invalidity or unenforceability of any provision of this Easement Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. (e) Entire Agreement. This Easement Agreement contains the entire agreement between Grantor and Grantee as to the subject matter hereof and supersedes all prior agreements, oral or written, with respect thereto. (f) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Resolution No. 2004 -2183 Page 8 (g) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF, Grantor has executed this Open -Space Easement Grant Deed as of the date set forth above, GRANTOR: WEST POINTE HOMES, INC., a California corporation By: James S. Rasmussen, President Resolution No. 2004 -2183 Page 9 LEGAL DESCRIPTION OF PROPERTY ALL OF LOTS 20 AND 24 AND THE SOUTH HALF OF LOTS 19 AND 23 OF THE VALLETTE TRACT, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 41 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 27, 28 AND 32 OF SAID VALLETTE TRACT, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 27, SAID POINT BEING SOUTH 89 022'17" EAST 197.18 FEET FROM THE NORTHWEST CORNER OF SAID LOT 27; THENCE LEAVING SAID NORTHERLY LINE SOUTH 23 056'54" EAST 720.56 FEET; THENCE SOUTH 38 031'26" EAST 935.69 FEET; THENCE SOUTH 56 020'55" EAST 395.25 FEET; THENCE SOUTH 19 026'34" WEST 1116.31 FEET TO THE SOUTHERLY LINE OF SAID LOT 28 AND THE END OF THIS DESCRIPTION. FXHTRTT R GRANTOR'S ADJACENT PROPERTY THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: VESTING TENTATIVE TRACT MAP 5187, APPROVED BY THE CITY OF MOORPARK ON FEBRUARY 6, 2002, AND VESTING TENTATIVE TRACT MAP 5405, APPROVED BY THE CITY OF MOORPARK ON AUGUST 20, 2003. EXCEPTING, THEREFROM, ALL OF LOTS 20 AND 24 AND THE SOUTH HALF OF LOTS 19 AND 23 OF THE VALLETTE TRACT, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 41 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 27, 28 AND 32 OF SAID VALLETTE TRACT, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 27, SAID POINT BEING SOUTH 89 022'17" EAST 197.18 FEET FROM THE NORTHWEST CORNER OF SAID LOT 27; THENCE LEAVING SAID NORTHERLY LINE SOUTH 23 056'54" EAST 720.56 FEET; THENCE SOUTH 38 031'26" EAST 935.69 FEET; THENCE SOUTH 56 020'55" EAST 395.25 FEET; THENCE SOUTH 19 026'34" WEST 1116.31 FEET TO THE SOUTHERLY LINE OF SAID LOT 28 AND THE END OF THIS DESCRIPTION. GRANTOR'S ADJACENT PROPERTY IS GENERALLY DEPICTED ON EXHIBIT "B- 1" ATTACHED HERETO. Resolution No. 2004 -2183 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2183 adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st of April, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of May, 2004. ,D . Deborah S. Traffenste , City Clerk