HomeMy WebLinkAboutAGENDA REPORT 1987 0819 CC REG ITEM 09ACLINT HARPER, Ph.D.
Mayor
ELOISE BROWN
Mayor Pro Tern
THOMAS C. FERGUSON
Councilmember
JOHN GALLOWAY
Councilmember
JOHN PATRICK LANE
Councilmember
MAUREEN W. WALL
City Clerk
MOORPARK ITEM 9•A•
M E M O R A N D U M
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
DATE: August 12, 1987
SUBJECT: APPEAL OF ADMINISTRATIVE DECISION - STRUCTURAL CONCEPTS OF CALIFORNIA INC.
(DP -302)
RACKGROIIND
The firm of Structural Concepts of California Inc. is representing Mr. G-ershenberg
who had received approval of the subject building for the Woodcrest Carpet
Mill. Currently the building under construction will be occupied by American
Products (pool equip.).
The subject site is located on the north side of Los Angeles Avenue along the
City's west boundary line.
The project was approved with conditions related to certain roadway and flood
control improvements.
Condition No. 33 of Resolution 85 -201 (see attached) required:
Developer shall provide street improvements to Los Angeles Avenue in accor-
dance with the Los Angeles Area of Contribution report and the City's
General Plan, with all improvements subject to approval by both City Engi-
neer and CalTrans. Improvements shall be provided as follows:
Developer shall construct the ultimately planned improvement to the portion
of the Walnut Canyon Channel fronting the property and crossing under
Los Angeles Avenue per the VCFCD, with money reimbursement arrangements
for the improvements to the channel made with the VCFCD. Improvements
to Los Angeles Avenue shall include 8' sidewalk, curb and gutter, and
an additional 8' of pavement (per Plate B -2B and core improvements shown
on page 7 of the Los Angeles Avenue Area of Contribution Report).
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
August 12, 1987
Page -2-
DISCUSSION
To accomplish meeting Condition No. 33 the applicant must obtain a
temporary easement across a portion of the property to the south of
Los Angeles Avenue.
Structural Concepts of California Inc. has appealed the Director's
decision to accomplish an amendment to Condition No. 33 as a Major
Modification. They would request that such a change to occupy the
building prior to the resolution of Condition No. 33 be addressed as
a minor modification. Structural Concepts claims that negotiations
for the use of the area south of Los Angeles Avenue are at an impasse
and requests the City approve a revised Condition No. 33 as drafted
by the City Engineer under a minor modification process.
SUMMARY
The Director of Community Development is requiring a major modification
to amend Condition No. 33 of Resolution 85 -201 - Structural Concepts
of California Inc. has appealed that decision to as to obtain approval
of a City Engineers draft amended Condition No. 33 under the minor
modification process.
RECOMMENDATION
Determine the appropriateness of the Director's decision and either
uphold, modify or deny the appeal.
Attachments:
1. Resolution No. 85 -201
2. Draft City Engineer revised Condition No. 33.
3. Letter July 17, 1987 Structural Concepts of California
Inc. with attachments.
MOORPARK, CALIFORNIA
City Cou�lcil meeting
of 198
ACTION:
By
RESOLUTION NO. 85 -201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE MITIGATED
NEGATIVE DECLARATION AND APPROVING DEVELOPMENT
PLAN PERMIT NO. DP -302 ON APPLICATION OF JERRY
GERSHENBERG
WHEREAS, at a duly
1985, the Moorpark Planning
application for approval to
ustrial building for manufa
to and notrh of Los Angeles
of Buttercreek Road; and
noticed public hearing on April 11,
Commission considered the subject
construct a 104,840 square foot ind-
::turing carpeting, located adjacent
Avenue, approximately 2,000 feet west
WHEREAS, after careful consideration, the Planning
Commission reached its decision in the matter and adopted its
Resolution No. PC- 85 -43, recommending approval of the Mitigated
Negative Declaration and conditional approval of Development Plan
Permit No. DP -302; and
WHEREAS, public notice having been given in time, form
and manner as required by law, the City Council of the City of
Moorpark has duly considered said DP -302 and has reached its decision;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That this body, after review and consideration
of the information contained in the Mitigated Negative Declaration,
finds that this project will not have a significant effect on the
environment, and approves the Mitigated Negative Declaration.
SECTION 2. The City Council adopts the findings contained
in the staff report dated April 11, 1985, which report is incor-
porated herein by reference as though fully set forth herein.
SECTION 3. The City Council hereby conditionally approves
DP -302, subject to compliance with -all the conditions attached hereto,
and does hereby find, determine and resolve that violation of any
such conditions shall be grounds for revocation of said permit.
PASSED, APPROVED AND ADOPTED this 22nd day of May ,
1985.
ATTEST: Mayor o the City of 1400rpark
California
City Clerk t'4 /V �-*�- ,r r
(SEAL) /` ► / �/�'I �J�%� d
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK. )
I, DORIS D. BANKUS , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 85 -201 was adopted by the City Council of the
City of Moorpark at an adjourned regular meeting thereof held
on the 22nd day of May , 19 85 , and that
the same was adopted by the following roll call vote:
AYES: Councilmembers Yancy- Sutton, Weak, February,
Woolard and Mayor Prieto;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City this
22nd day of May , 19 85
City Clerk
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS FOR: DEVELOPMENT PLAN PERMIT - DP 302
APPLICANT: Jerry Gershenberg
Woodcrest Carpet Mills
14933 Culvert Street
Van Nuys, California 91411
PLANNING DIVISION
1. That the
facility
Exhibits
herein.
ments sh
vations.
permit
shown-on
"3" and
That the
all be as
is granted for the carpet manufacturing
the plot plan(s) and elevations labeled
"4 ", except or unless indicated otherwise
location and design of all site improve -
shown.on the approved plot plans and ele-
2. That the development is subject tc all applicable regula-
tions of the (Limited Industrial) zone and all agencies of
the State of California, County of Ventura, City of Moorpark
and any other governmental entities.
3. That unless the use is inaugurated not later than one (1)
year after the date this permit is granted, this permit
shall automatically expire on that date. The Director of
Community Development may, at his discretion, grant one
additional one (1) year extension for use inauguration if
there have been no changes in the adjacent areas and if
permittee has diligently worked toward inauguration of use
during the initial one year period.
4. That any minor changes may be approved by the Director of
Community Development upon the filing of a Minor Modifica-
tion application, but any major changes will require the
filing of a Major Modification to be considered by the City
Planning Commission.
5. That the design, maintenance and operation of the permit
area and facilities thereon shall comply with all applicable
requirements and enactments of Federal, State, County, and
City authorties, and all such requirements and enactments
shall, by reference, become conditions of this permit.
6. That no condition of this entitlement shall be interpreted
aspermitting or requiring any violation of law, or any
unlawful rules or regulations or orders of an authorized
governmental agency. In instances where more than one set
of rules apply, the stricter ones shall take precedence.
7. That if any of the conditions or limitations of this deve-
lopment plan are held to be invalid, that holding shall not
invalidate any of the remaining conditions or limitations
set forth.
Resolution No. 85 -201, adopted May 22, 1985
( CONDITIONS: DP -302
Page -2-
8. That prior to construction, -a Zoning Clearance shall be ob-
tained from the Planning Division and a Building-- Permit
shall be obtained from the Building and Safety Division.
9. That prior to the issuance of a Zoning Clearance, a land-
scaping and planting plan (three sets), together with
specifications and a maintenance program, prepared by a
State licensed Landscape Architect, in accordance with
County Guidelines for Landscape Plan Check, shall be sub-
mitted to the Director of Community Development. The appli-
cant shall bear the total cost of such review and of final
installation inspection. The landscaping and planting plan
shall be accompanied by a fee specified by the City of
Moorpark. All landscaping and planting shall be accomplish-
ed and approved prior to the inauguration of use of this
permit. Landscape plan shall indicate areas within public
right -of -way to be maintained by Developer.
10. That the final landscape plans shall provide for a 50% shade
coverage within all parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a
selected specimem tree at 50 percent maturity. Landscaping
and irrigation shall be provided to the curb.
11. That all turf plantings associated with this project shall
be a drought tolerant, low water using variety.
12. That the final design of site improvements, including
materials and colors., is subject to the approval of the
Planning Commission.
13. That all roof - mounted equipment (vents, stacks, blowers,
air - conditioning equipment) that may extend above the
parapet wall shall be enclosed on all four sides by suitable
screening or fencing. Said screening material shall be of
similar material used in the construction of the parent
building. Prior to issuance of a Zoning Clearance, the
final design and location of the project must be approved by
the City Planning Commission.
14. That trash disposal areas shall be provided in a location
which will not interfere with circulation, parking or access
to the building and shall be screened with a six (6) foot
high, solid fence or wall enclosure. Final design of said
enclosure shall be subject to the approval of the
Director of Community Development.
15. That all utilities shall be placed underground.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -3-
16. That all parking areas shall be surfaced with asphalt or
concrete and shall include adequate provisions for drainage,
- striping and appropriate wheel blocks, curbs or posts in
parking areas adjacent to landscape areas.
17. That signs are subject to the City of Moorpark Ordinance
Code, Article 24, Sign Ordinance. A•sign permit is required.
18. Roof design and construction shall include a minimum six
inch extension of the parapet wall above the highest point
of the roof.
19. That no later than ten (10) days after any change of proper-
ty ownership or of lessee(s) or operator(s) of the subject
use, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s), together with a letter from any
such person(s), acknowledging and agreeing to comply with
all conditions of this permit.
20. That the permittee agrees as a condition of issuance and use
of this permit to defend, at his sole expense, any action
brought against the City because of issuance (or renewal) of
this permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by our court
to pay as a result of any such action. The City may, at its
sole discretion, participate in the defense of any such
action, but such participation shall not relieve permittee
of his obligations under this conditon.
21. That permittee's acceptance of this permit and /or operations
under this permit shall be deemed to be acceptance by
permittee of all conditions of this permit.
22. That disposal of all potentially hazardous wastes shall be
by a means approved by the Ventura County Environmental
Health Division.
23. That at the time water service connection is made, cross
connection control devices shall be installed on the water
system in accordance with the requirements of the Ventura
County Environmental Health Department.
24. That the continued maintenance of the permit area and
facilities shall be subject to periodic inspection by the
City. The permittee shall be required to remedy any defects
in maintenance as indicated by the City inspector within 30
days after notification.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -4-
25. Prior to issuance of a Zon, Clearance, a "Will Serve" letter
from water and sewer service will be obtained from Ventura
County Waterworks District.
26. Prior to issuance of a Zone Clearance, the developer shall
obtain a "District Release" from Calleguas Municipal Water
District indicating payment of the District's Capital Con-
struction charges.
Deleted.
28. Deleted.
29. The unimproved area shall be* improved with grasses, shrubs,
trees or other plant material and /or ground cover. These
improvements shall be included as part of the landscape
maintenance plan identified in Condition No. 9.
30. In accordance with Section 8161- 2.4.1.2.1 of the Zoning
Ordinance, the permittee may defer construction of those
parking lot improvements as shown on Exhibit 3.
CITY ENGINEER CONDITIONS
31. That prior to zoning clearance the Developer shall submit to
the City of Moorpark for review and approval, a grading plan
prepared by a Registered Civil Engineer; shall obtain a
Grading Permit; and shall post sufficient surety guaran-
teeing completion.
32. That prior to zoning clearance the Developer shall submit to
the City of Moorpark for review and approval, a detailed
Geotechnical Report. The grading plan shall incorporate the
recommendations of the approved Geotechnical Report.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -5-
33. Developer shall provide street improvements to Los Angeles
Avenue in accordance with the Los Angeles Area of Contribution
report and the City's General Plan, with all improvements
subject to approval by both the City Enginner and CalTrans.
Improvements shall be provided as follows:
Developer shall construct the utltimately planned improvement
to the portion of the Walnut Canyon Channel fronting the
property and crossing under Los Angeles Avenue per the
VCFCD, with money reimbursement arrangements for the im-
provements to the channel made with the VCFCD. Improvements
to Los Angeles Avenue shall include 8' sidewalk, curb and
gutter, and an additional 8' of pavement (per Plate B -2B and
core improvements shown on page 7 of the Los Angeles Avenue
Area of Contribution Report).
34. That prior to any work being condµcted within the State or
City right -of -way, the developer shall obtain an Encroach-
ment Permit from the appropriate Agency.
35. That prior to zoning clearance. the Developer shall demon-
strate feasible access with adequate protection from Q10
storm to the satisfaction of the City of Moorpark.
36. That prior to zoning clearance the Developer shall deposit
with the City of Moorpark a contribution for the Los Angeles
Avenue Improvement Area of Contribution.
37. That prior to zoning clearance the Developer shall indicate
in writing to the City of Moorpark. the disposition of any
water well(s) and any other that may exist within the site.
If any wells are proposed to be abandoned. or if they are
abandoned and have not been properly sealed, they must be
destroyed per Ventura County Ordinance No. 2372.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -6-
38. That prior to zoning clearance. the Developer shall submit
to the City of Moorpark for review and approval, drainage
plans, hydrologic, hydraulic calculations prepared by a
Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete the improvements and
shall post sufficient surety guaranteeing the construction
of the improvements. The drainage plans and calculations
shall indicate the following condition before and after
development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns. diversions, collection systems,
flood hazard areas, sump and drainage courses.
39. That prior to zoning clearance the Developer shall submit to
the City of Moorpark for review and approval, evidence that
the building site will be protected from flooding.
40. That prior to zoning clearance, the Developer shall deposit
with the City of Moorpark a contribution for the Walnut
Canyon Improvement Local Drainage Area.
41. That prior to zoning clearance, the Developer shall annex
the subject site into Ventura County Waterworks District No.
1 for the purpose of obtaining water and sewer services.
COUNT' FIRE DEPARTMENT
42. That the applicant shall provide sufficient proof of the
ability to prevent vehicle parking in "no parking" areas and
that enforcement can be secured in order that access by
emergency vehicles will not be obstructed.
43. That access roads shall be installed with an all- weather
surface, suitable for access by fire department apparatus.
44. That all drives shall have a minimum vertical clearance of
13 feet, 6 inches (13'6 ").
45. Any gates, to control vehicle access, are
allow a vehicle waiting for entrance to be
the public roadway. If applicable, it is
the gate(s) swing in both directions. Th
control shall be subject to review by the
Prevention.
to be located to
completely off
recommended that
e method of gate
Bureau of Fire
Resolution No. 85 -201, adopted May 22, 1985
l CONDITIONS: DP -302 `
Page -7-
46. That prior to construction. the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants. Show existing hydrants on
plan within 300 feet of the development.
47. That fire hydrants shall be installed and in service prior
to combustible construction and shall conform to the minimum
standards of the Ventura County Water Works Manual.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have two 4 inch and one 2� inch outlet(s).
b. The required fire flow shall be achieved at no less
than 20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center. and
so located that no structure will be farther than 150
feet from any one hydrant.
d. Fire hydrants shall be recesed in from curb face 24
inches at center.
48. That the minimum fire flow required is determined by the
type of building construction, proximity to other struc-
tures, fire walls, and fire protection devices provided, as
specified by the I.S.O. Guide for Determining Required
Fire Flow. Given the present plans and— intormation, the
required —fire flow is approximately 2250 gallons per minute.
The applicant shall' verify that the water purveyor can
provide.the required quantity at the project.
49. That a minimum individual hydrant flow of 1250 gallons per
minute shall be provided at this location.
50. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, accord-
ing to the Ventura County Weed Abatement Ordinance.
51. That address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy. shall be of contrasting color
to the background. and shall be readily visible at night.
Where structures are setback more than 250 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event a structure(s)
is not visible from the street. the address number(s) shall
be posted adjacent to the driveway entrance.
52. That a plan shall be submitted to the Ventura County Bureau
of Fire Prevention for review indicating the method in which
buildings are to be identified by address numbers.
Resolution No. 85 -201, adopted May 22, 1985
CONDITION: DP -302
Page -8-
53. That building plans of public assembly -- areas, which have an
occupant load of 50 or more, shall be submitted to the
Ventura County Bureau of Fire Prevention for review.
54. That building plans of all "H" occupancies shall be sub-
mitted to the Ventura County Bureau of Fire Prevention for
review.
55. That fire extinguishers shall be installed in accordance
with National Fire Protection Association, Pamphlet #10.
The placement of extinguishers shall be reviewed by the Fire
Prevention Bureau.
56. That the building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County of Fire Prevention for
review.
57. That plans for the installation of an automatic fire extin-
guishing system (such as, halon or dry chemical) shall be
submitted to the Ventura County Bureau of Fire Prevention
for review to insure proper installation.
58. That plans shall be submitted for any hazardous operation
for approval by the Ventura County Bureau of Fire Preven-
tion.
59. That any structure greater than 5,000 square feet in area
and /or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance No. 14.
60. That roofing material shall be any fire retardant roofing as
defined by the Uniform Building Code.
61. OTHER: That appropriate.permits be obtained as necessary
for high piled stock. flammable liquid storage, and any
other as are applicable.
62. The developer of DP -302 shall install a fire access gate
within the east property line. The gate shall be located
such as to provide ease of access between the adjacent
properties.
63. The Fire Prevention Bureau of Ventura County and the Ventura
County Environmental Health Department will require permits
for the onsite storage of hazardous materials.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -9- `
64. If the manufacturing process associated with this project
generates combustible fibrous material as defined by the
Ventura County Fire Code, the building plans shall address
"H -3" occupancies requirements.
65. If the building plans for the project demonstrate a
cafeteria o a large conference room, the plans shall be mod-
ified to address "A -3" occupancies.
66. The Developer shall submit building plans to the Ventura
County Fire Department concurrently with the submittal of
building plans to the Department of Building and Safety for
plan check.
COUNTY SHERIFF'S DEPARTMENT
67. That all parking areas shall be provided with a lighting
system capable of illuminating the parking surface with a
minimum of one foot candle of light & shall be designed to mini-
mize the spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather & breakage resistant
covers.
68. All exterior doors and windows should be well - lighted during
hours of darkness especially during non - working hours.
69. All exterior doors should be of a solid core wood or metal
construction with minimum one -inch dead bolt locks.
70. There should not be an easy exterior access to the roof area
i.e., ladders, trees, or nearby high walls.
71. That landscaping near driveways and within the parking lot
shall not interfere with ingress, egress, and internal cir-
culation sight distance.
72. Any alarm systems should be wired to all entrance /exit
doors. all exterior windows,'and to any roof openings.
73. All driveway entrances /exits off from the surface streets
(excluding the main entrance) should be a minimum of thirty
(30) feet in width with radius curb returns.
COUNTY FLOOD CONTROL DISTRICT:
74. Improvements to the Ventura County Flood Control channel
adjacent to the site (DP -302) shall be completed in compli-
ance with the standards and requirements of the Ventura
County Flood Control District. Prior to obtaining a build-
ing permit the Developer shall submit to the
Ventura County Flood Control District the following for
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -10-
approval of construction of channel improvements
across frontage of Parcel. (Ex. 8 )
1) Improvement plans for the modification to existing L.A.
Avenue crossing.
2) Improvement- plans for the modification of the existing
flood control channel adjacent to the project site.
3) Structural analysis of the existing channel walls and
floor and to include recommendation for structural re-
pair if necessary.
4) Channel modification construction program.
WATERWORKS DISTRICT NO. 1:
75- The Developer shall submit plans to Waterworks District
No. 1 for approval, prepared by a licensed engineer,
demonstrating an on -site monitoring manhole. Plans
shall be approved by County Waterworks District No. 1
prior to obtaining a building permit.
ENVIRONMENTAL HEALTH:
76. The storage of all potentially hazardous materials, includ-
ing the latex material. Shall be by means approved by the
Ventura County Environmental Health Division.
ADDITIONAL PLANNING COMMISSION DECISIONS:
77. That the permit is granted for the tufting and finishing of
carpeting and that no dying operations are allowed without
prior approval of a Major Modification to this permit.
78. That no latex materials which contain formaldehyde or other
potentially toxic material may be used.
79. Within 30 days of the completion of each quarter of the
calendar year, a report shall be provided to the City listing
all potentially hazardous materials used or stored on the
premises. Quantities are to be.indicated.
rA
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302 If
Page -11-
ADDITIONAL CITY COUNCIL CONDITION:
80. That all above ground public utilities, including poles
and fire hydrants, shall not be located within the sidewalk.
1
A so
RESOLUTION NO. 85 -201 ADOPTED MAY 22 1985��
DP -302 fJ��
DRAFT OF AMENDED CONDITION NO. 334k
Developer shall provide street improvements to Los Angeles
Avenue in accordance with the Los Angeles Avenue Area of
Contribution Report and the City's General Plan, with all
improvements subject to approval by both the City Engineer
and CalTrans. Improvements shall be provided as follows:
A. Prior to occupancy, the developer shall construct
street improvements along the Highway 118 frontage of
the project with these minimum features:
(1) Through vehicular traffic lanes eastbound and
westbound.
(2) A left turn pocket into the project.
(3) A right turn deceleration lane into the project.
(4) Street lighting at the entrance to the project.
(5) Graded shoulders suitable for pedestrian, bicycle
or emergency parking usage.
(6) Additional traffic safety features as required by
the City and /or CalTrans.
B. Condition 33 as adopted by the City Council on May 22,
1985, required the developer to construct the
ultimately planned portion of the Walnut Canyon Channel
prior to occupancy. In order to construct the
improvements to Highway 118 and the Walnut Canyon
Channel, it is necessary to provide a temporary detour
on the property along the southern right -of -way of
Highway 118. Right -of -way discussions with this
property owner have resulted in a stalemate. Hence,
prior to occupancy, the developer is now required to
deposit the estimated right -of -way acquisition costs
with the City, and post surety, satisfactory to the
City Attorney, to guarantee the ultimate construction
of the Channel improvements and the improvements to
Highway 118 consistent with the City, the Ventura
County Flood Control District, and CalTrans.
Construction of the improvements to Highway 118 and the
Walnut Canyon Channel shall commence within four months
of the acquisition of the necessary right -of -way unless
the construction timing would occur during the rainy
season, between October 15th and April 15th and deemed
inappropriate, by the VCFCD, for construction during
this time period. Then, commencement of the Walnut
Canyon Channel Improvements would begin upon completion
of the rainy season. n
BM0217 . Mem /� (� /Lid d
:r))24FT 3y CITY
'Structural conce is of
P
W [alifordia /et. ie
July 17, 1987
Mr. Patrick Richards, A.I.C.P.
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA. 93021
RE: DP -302 Draft of Amended Condition -33,
Decision Appeal
Dear Mr. Richards:
As per our conversation of July 16, 1987 I am forwarding this "Formal
Request of Appeal" regarding your decision on the handling of Amended
Condition -33 as a major modification.
We ask that the "Appeal Form" and attached documentation enclosed
herein be submitted to the appropriate decision making body for
consideration at the earliest possible time.
We sincerely appreciate your assistance in this matter and trust in
your understanding of our need to appeal this decision.
Sincerely,
Thomas C. Nelson
Owners Agent
TCN;lmn
Enc.
- RECEIVED
JL11_ 2 0 1987
CITY OF MOORPARK
,477W NAB- �- 3
480 CONSTITUTION AVENUE • CAMARILLO, CALIFORNIA 93010 * (805) 388 -2305
TO:
— RECEIVED
CITY OF MOORPARK JUL. 201g87
799 Moorpark Avenue C1rr of MOORPAE;K
Moorpark, California 93021
APPEAL FORM
City Council
Planning Commission
Appeal No.
I hereby appeal the decision of the Patrick J. Richards which
was given on July 14 , lg
The decision was as follows: The revision of Condition -33 as it relates
to DP -302, be handled as a mayor modification.
The grounds of appeal are: (attach extra sheets as needed)
See Note # 1.
t
I request that the appropriate decision - making body take the
following action: See Note # 2.
Name of Appellant Thomas Craig Nelson
Address of Appellant 6882 N. Auburn Circle, Moorpark, CA
Telephone Number of Appellant (805 ) 529 -3010
Is the appellant a party in the application? Yes If not, state
basis for filing appeal as an "aggrieved person ".
Owners Agent
Date: July 17, 1987
5/84
RECEIVED -
JUL ? 0 1Q97
R E C E I P T CITY OF MOORpApX
Appeal and deposit fee of
Received at .m., on 19
NIALL FRITZ
Director of Community Development
BY
APPEAL PERIODS
A. Appeals of all entitlements, permits and administrative
decisions shall be filed within 10 calendar days (15
calendar days for subdivision matters) following the date
of approval, conditional approval, denial or date of the
alleged error. (Section 8111- 8.2) * **
B. An appeal of a Planning Commission decision shall be filed
within 10 calendar days (15 calendar days for subdivision
matters) following the date a decision was rendered.
(Section 8111- 8.2) * **
C. An appeal of an environmental decision shall be filed within
10 working days following the date a decision was rendered.
* ** If the end of an appeal period falls upon a weekend or
holiday, the appeal must be filed by 5:00 p.m. on the
first working day thereafter.
RECEIVED
JJ[. ? 0 1?q7
CITY OF MOORPARK
NOTE # 1
Condition -33 as it relates to D.P. -302, specifies certain street
improvements to Highway 118 as well as specific improvements to
the Gabbert Canyon Flood Control Channel, the completion of which
is conditioned to occupancy. The land along the southern right
of way of Highway 118, needed to construct the detour necessary
to facilitate the requirements of Condition -33, is not attainable
at this point in time. Negotiations for the use of said land
have reached an apparent impasse, thereby making the requirements
of Condition -33 an unattainable condition of occupancy.
The enclosed copies of ongoing correspondence between the developer's
attorney, the property lease holder and the property owner and
their respective attorney's, will demonstrate the developers good -
faith efforts to secure the land necessary for the detour.
NOTE # 2
Review the enclosed Draft of Amended Condition -33 as written by
the City Engineer and approve said document through the process
of minor modification.
TYRE KAMINS KATZ & GRANOF A LAW CORPORATION
1800 CENTURY PARK EAST, TENTH FLOOR LOS ANGELES, CALIFORNIA 90067 213/879.2177 553.6822
MILTON S TYRE
R`C`HA.RD U KAMINS
LEON KATZ
GERALD H GRANOF
DONALD S SIMONS
HERMAN S PALARZ
PETER M APPLETON
BARTON W ROBERTSON
CAMERON WILLMMS
RANDALL H KENNON
PETER M SLOAN
DAVID J PASTERNAK
MARLA E LEVINE
CLINTON L BURCH
RITA M. HAEUSLER
WILLIAM W HOLCOMS
THOMAS C. BANKS
September 30, 1986
— RECEIVED —
Jul 2 0 1087
Mr. David L. Potter
Civil Engineer CITY OF h`iGvRPYIFi,�
Potter Engineering
12 North Ash Street
Ventura, CA 93001
Dear Mr. Potter:
We are the attorneys for Muranaka Farm, Inc., the lessee of
the property lying south of Los Angeles Avenue, over which
you propose to construct a temporary detour for the Woodcrest
Carpet Mills Development.
As your construction may adversely affect our client's opera-
tions, our client will require the following assurances:
1. That your work will not disrupt our client's water --
service. For your information, there is an 8" water
line on the southern part of your proposed detour area, as
well as a 6" water line south of the detour area, which water
lines come up at, and cross, the channel;
2. That your work will retain and not interfere with our
client's service road, and maintain its access to Los
Angeles Avenue and across the channel;
3. That the drainage ditch across the property south of
the water line will be kept open at all times and not
interfered with;
4. That the existing bridge on the north side of Los
Angeles Avenue, which you propose to remove, will be
moved by you and installed over the channel for our client's
service road;
5. That upon completion of your client's construction, you
will leave the detour area paved and fenced off;
6. That our client be indemnified
r expense resulting from the
V r yours,
ill A
LE N KATZ
of
TYRE KAMINS KATZ 6 GRANOF
LK: fh
for any damage, loss
contemplated construction.
GERALD M. CHIZEVER
DOUGLAS R. RING
ROGER H. HOWARD
PAUL S. ABLON
GLEN L. KULIK
KENT Y. MOUTON
MARTINE E. SAFRAN
STEPHEN L.SPECTOR
KEITH E. THOMAS
RALPH M. WEISS
ALAN G. SALER
OF COUNSEL
BONNIE M. REISS
LAW OFFICES
HOWARD, RING & CHIZEN -ER
A PROFESSIONAL CORPORATION
10960 WILSHIRE BOULEVARD. SUITE 2100
LOS ANGELES. CALIFORNIA 90024
TELEPHONE (213) 478 -3022
December 19, 1986
William Holcomb, Esq.
Tyre, Kamins, Katz & Granof
1800 Century Park East, 10th Floor
Los Angeles, California 90067
Re: Gershenberg /Muranaka
Dear Bill:
TELEX
182606
:AP MAIL
(213) 477 -OSS2
TELECOPIER
(213) 473-3689
OUR FILE NUMBER
1749 -11405
_ MCEI�`ED -
A L A. 2 0 M7
CITY OF MOORPARK
Enclosed please find the estimate prepared by Structural
Concepts of California Inc. for the cost of the removal of
the concrete bridge. Please review same with your client
and give us your comments as quickly as possible. We must
conclude this matter with all due haste.
Very truly yours,
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:ld
Enclosure
cc: Mr. Gerry Gershenberg
Douglas R. Ring, Esq.
z
Str' uctura/ [oOLe is of
�[allfornia Inc iw
December 15, 1986
Kent Mouton
Howard Ring & Associates
10960 Wilshire Blvd., #2100
Los Angeles, CA 90024
Dear Kent:
Structural Concepts proposes to transport the
bridge, located at the flood control channel
on Mr. Gershenbergs property, to the property
directly across Los Angeles Avenue for the sum
of $8,800.
This proposal will include all engineering,
demolition, street permits, crane time and
traffic control. We specifically exclude any
foundation or preparation work for the bridge
at its new location.
Should you have any further questions, please
feel free to contact me.
Sincerely,
Art Dawley
AD /sk
cc: Mr. Jerry Gershenberg
— RECEIVED
JUL ? 0 1987
CITY OF MOUAPk ,K
480 CONSTITUTION AVENUE • CAMArZILLO, CALIFORNIA 93010 • (805) 388 -2305
.rte
Mr. Gerry Gershenberg
c/o Hyatt Hotel -Union Square
345 Stockton
San Francisco, California 94108
Re: Temporary Easement Agreement
Dear Gerry:
Enclosed please find a draft copy of the Temporary
Easement Agreement for use in connection with the improvement
work to Los Angeles Avenue. I would like you to carefully
review the Easement Agreement to see if all of the issues
which we have discussed in the past have been incorporated
into the agreement, and by copy of this letter I ask that
David Potter do the same. I am not sure that Caltrans should
be one of the recipients of the easement and I would appreciate
any advice that you could give in connection with this partic-
ular issue.
I look forward to your comments and if you should
have any questions in the interim, then please do not hesitate
to call.
Very truly yours,
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:ld
Enclosure
cc: Mr. David Potter (w /enc., via Federal Express)
Douglas R. Ring, Esq.
-- RECEIVED �.
• LAW OFFICES
JUL. % 0 147
HOWARD, RING & CHIZR«R
A rRpiC5410NAL CORPORATION
CITY 6r MC�vFiPE�(dt(
GERALD M CHIZEVER
10960 WILSHIRE BOULEVARD. SUITE 2100
TELEX
DOUGLAS R RING
182608
ROGER H. HOWARD
LOS ANGELES. CALIFORNIA 90024
PAUL S. ABLON
ZAP MAIL
GLEN L. KULIK
TELEPHONE (213) 478 -3022
(2131 477 -0852
KENT Y. MOUTON
TELECOPIER
MARTINE E. SAFRAN
(213) 473 -3689
STEPHEN L. SPECTOR
KEITH E. THOMAS
RALPH M. WEISS
OUR FILE NUMBER
ALAN G. SALER
January 21, 1987
Or COUNSEL
BONNIE M. REISS
1749 -11405
VIA FEDERAL
EXPRESS DELIVERY
Mr. Gerry Gershenberg
c/o Hyatt Hotel -Union Square
345 Stockton
San Francisco, California 94108
Re: Temporary Easement Agreement
Dear Gerry:
Enclosed please find a draft copy of the Temporary
Easement Agreement for use in connection with the improvement
work to Los Angeles Avenue. I would like you to carefully
review the Easement Agreement to see if all of the issues
which we have discussed in the past have been incorporated
into the agreement, and by copy of this letter I ask that
David Potter do the same. I am not sure that Caltrans should
be one of the recipients of the easement and I would appreciate
any advice that you could give in connection with this partic-
ular issue.
I look forward to your comments and if you should
have any questions in the interim, then please do not hesitate
to call.
Very truly yours,
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:ld
Enclosure
cc: Mr. David Potter (w /enc., via Federal Express)
Douglas R. Ring, Esq.
TEMPORARY
EASEMENT AGREEMENT
vbf
This 'Temporary Easement Agreement is
day of , 1987, by and between
California corporation (hereinafter,.-
Gershenberg (hereinafter, "Gershenberg'ZIp
n,._, t---- ( -Gorman rg at, the
o- =11e-cti
following facts and circumstances:
R E C I T/A L S
AP -.) r) +Gn17
C'1
E k- .
entered into th s
Muranaka Farm, In a
"Grantor") and a J.ry
4, with reference to the
S
A. Gershenberg .&""improving real property
owned by them in the immedi to area of property leased by
Grantor, and, as a co ditio to granting approval for such
improvements, government 1 ag ncies required that Gershenberg &41k4-
xeedefeet improve a por ion of the state highway ( Los Angeles
Avenue), which is Conti uo s with and lies between the real
property owned by Gershen e g and the real property
leased by Grantor.
B. ears- z-azrs has t right under state law to condemn a
�Y portion of the real pro rt leased by Grantor to permit perfor-
mance of the road impro eme t work; however, Grantor and Grantee
.K agree that it is to heir utual benefit to enter into this
Temporary Easement A eement \to permit performance of the road
improvement work in ieu of ondemnation by Caltrans.
NOW, THEREFORE, in cons id ration of the mutual covenants set
forth herein, an for good and valuable consideration, the
receipt and adequ cy of which i hereby acknowledged, Grantor and
Grantee agree as follows:
1. Gfant and use of Easement.
Gran or hereby grants, ssigns, conveys and transfers to
Grantee and Heir respective a ents and assigns, and each of
them, an eas went onto, over, ac oss and under that certain real
property 1 ased by Grantor whi h is shown and described in
Exhibit "A attached hereto an incorporated herein by this
reference (hereinafter, the "Eas went Area ") for the following
purposes: (i) to enter upon the Easement Area to perform such
inspecti ns, studies, tests and an lyses as they deem necessary;
(ii) to xcavate, fill, compact, g ade, pave, stripe, mark, and
fence t e Easement Area; ( iii ) to r move trees, pipes, fences and
other arriers to the road improvem nt work (subject to Section
3(a) low); (iv) to construct such arriers as are necessary to
creat a safe and efficient flow of t affic onto, over and across
the asement Area; (v) to permit vehi ular traffic and all other
uses across, onto and over the Easement Area as are permitted
under state law with respect to state highways and roads; (vi) to
maintain and repair same in accordance with the terms and condi-
tions of this Agreement; and (vii) to permit all other uses and
purposes necessary or related to the purposes described in this
Section 1. Grantor shall execute in recordable form and deliver
to Grantee upon Grantee's request a short form memorandum of this
Agreement for recording.
2. Term of Easement.
This grant of easement shall be effective upon the date
hereof and shall continue until that date when Grantee completes
the road improvement work on Los Angeles Avenue adjacent to the
Easement Area and Caltrans accepts same and permanently redirects
traffic from the Easement Area back to Los Angeles Avenue.
3. Covenants.
(a) Affirmative Covenants.
do to���t
Grantee at its own expense shall: (i) remove
ft certain eucalyptus trpes identified by Grantor
and Grantee as obstructing or en oaching upon the Easement
Area; (ii) construct a fence om materials approved by
Grantor and Grantee to separate the Easement Area from the
remainder of the real property ased by Grantor for a length
of approximately 600 linear fe t; and (iii) remove from the
real property owned by Gershe erg a concrete
bridge consisting of a slab concrete measuring approxi-
mately 15 feet by 12 feet an #*see same on Grantor's prop -
- +-ha.. Sri oat i on Or— c� =ni1i nh�nn s �
- ' -c-=ca Grantor shall be solely
responsible for the costs of installation of the bridge (for
example, but not by way of limitation, excavation, footings
and moorings) provided, however, that Gershenberg dRitd
shall reimburse Grantee for the actual costs of
installation of the bridge in an amount not exceeding
$3,000.00. Upon termination of this Agreement, Grantee shall
vacate and abandon the Easement Area to Grantor in its then
state and condition without cost or expense to Grantor and
Grantor shall accept same.
(b) Negative Covenants.
Grantee shall not interfere with or disturb any
water lines or drainage ditches which service Grantor's
property nor shall they interfere with Grantor's service road
or Grantor's access across the drainage channel to Los
Angeles Avenue. In the event that the road improvement works
requires that Grantee remove or replace any water lines or
drainage ditches, then Grantee may do so but Grantee shall
take such steps as are necessary to prevent any disruption or
impairment thereof, including without limitation the provi-
sion at Grantee's expense of substitute water lines and /or
drainage channels.
-2-
4. Maintenance of Easement Area.
During the term of this Agreement, Grantee shall main-
tain and repair the Easement Area. Upon termination of this
Agreement and thereafter, Grantor shall be solely responsible for
maintaining and repairing the Easement Area.
S. Indemnity.
Grantee shall indemnify and hold Grantor harmless from
and against any and all actions, causes of action, claims, costs,
demands, expenses (including reasonable attorney's fees), liabil-
ities and losses which arise from or relate to any act or omis-
sion during the term of this Agreement which relates to improve-
ments to or maintenance and repair of the Easement Area. Grantor
indemnifies and holds Grantee harmless from and against any and
all actions, causes of action, claims, costs, demands, expenses
(including reasonable attorney's fees), liabilities and losses
which arise from or relate to Grantor's installation of the
bridge described in Section 3 hereof.
Executed as of the day and year first above written.
"Grantor"
Muranaka Farm, Inc.,
a California corporation
By:
Henry Murana a, President
"Grantee"
Jwc-tY Ge r s e n e r g
t r lc VJL.
oodcr st Carpet Nill,
a Cali ornia co r oration
S� �:� ►. L . Gc� ��•�k�
By:
S � Jerry Gers en erg,;
its Presi ent
F
California De artment,iof
Tr nsportaticM
J r.
Its.
By:
Its:
-3-
GERALD M. CHIZEVER
DOUGLAS R. RING
ROGER H. HOWARD
GLEN L. KULIK
KENT V. MOUTON
MARTINE E. SAFRAN
STEPHEN L. SPECTOR
KEITH E. THOMAS
RALPH M. WEISS
ALAN G. BALER
OF COUNSEL
BONNIE M. REISS
VIA MESSENGER
LAW OFFICES
HOWARD, RING & CHIZEVER
A PROFESSIONAL CORPORATION
10960 WILSHIRE BOULEVARD. SUITE 2100
LOS ANGELES, CALIFORNIA 90024
TELEPHONE (213) 478 -3022
March 2, 1987
William W. Holcomb, Esq.
Tyre, Kamins, Katz & Granof
1800 Century Park East, Suite 1000
Los Angeles, California 90067
Re: Temporary Easement Agreement
Dear Bill:
TELEX
162608
ZAP MAIL
(213) 477 -0852
TELECOPIER
(213) 478 -3586
OUR FILE NUMBER
1749 -11405
Enclosed please find four copies of the revised the
Temporary Easement Agreement together with a redlined copy
thereof showing the changes we agreed to this week.
It is imperative that your client sign and return
four copies of the Temporary Easement Agreement to this office
as soon as possible. I will have each of the four copies
countersigned by Gerry Gershenberg and will return two fully
executed copies of the agreement to you.
If you should have any questions, then please do not
hesitate to call.
Very truly yours,
1�
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:ld
Enclosures
cc: Mr. Gerald Gershenberg
Douglas R. Ring, Esq.
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement is entered into this
day of , 1987, by and between Muranaka Farm, Inc.,
a California corporation (hereinafter, "Grantor ") and Gerald H.
Gershenberg and Judith L. Gershenberg (hereinafter, "Gershenberg"
or "Grantee "), with reference to the following facts and circum-
stances:
R E C I T A L S
A. Gershenberg is improving real property owned by them in
the immediate area of property leased by Grantor, and, as a con-
dition to granting approval for such improvements, governmental
agencies required that Gershenberg improve a portion of the state
highway (Los Angeles Avenue), which is contiguous with and lies
between the real property owned by Gershenberg and the real
property leased by Grantor.
8. The California State Department of Transportation (here-
inafter, "Caltrans ") has the right under state law to condemn a
portion of the real property leased by Grantor to permit perfor-
mance of the road improvement work; however, Grantor and Grantee
agree that it is to their mutual benefit to enter into this
Temporary Easement Agreement to permit performance of the road
improvement work in lieu of condemnation by Caltrans.
NOW, THEREFORE, in consideration of the mutual covenants set
forth herein, and for good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grant and Use of Easement.
Grantor hereby grants, assigns, conveys and transfers to
Grantee and their respective agents and assigns, and each of
them, an easement onto, over, across and under that certain real
property leased by Grantor which is shown and described in
Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter, the "Easement Area ") for the following
purposes: (i) to enter upon the Easement Area to perform such
inspections, studies, tests and analyses as they deem necessary;
(ii) to excavate, fill, compact, grade, pave, stripe, mark, and
fence the Easement Area; (iii) to remove trees, pipes, fences and
other barriers to the road improvement work (subject to Section
3(a) below); (iv) to construct such barriers as are necessary to
create a safe and efficient flow of traffic onto, over and across
the Easement Area; (v) to permit vehicular traffic and all other
KYM024 -8
uses across, onto and over the Easement Area as are permitted
under state law with respect to state highways and roads; (vi) to
maintain and repair same in accordance with the terms and condi-
tions of this Agreement; and (vii) to permit all other uses and
purposes necessary or related to the purposes described in this
Section 1. Grantor shall execute in recordable form and deliver
to Grantee upon Grantee's request a short form memorandum of this
Agreement for recording.
2. Term of Easement.
This grant of easement shall be effective upon the date
hereof and shall continue until December 1, 1987; provided, how-
ever, that such termination date shall be extended by the length
of delay caused by strikes, labor difficulties, inclement
weather, acts of God and other delays beyond the control of
Grantee.
3. Covenants.
(a) Affirmative Covenants.
Grantee at its own expense shall: (i) remove
certain eucalyptus trees identified by Grantor and Grantee as
obstructing or encroaching upon the Easement Area; (ii) con-
struct a fence from materials approved by Grantor and Grantee
to separate the Easement Area from the remainder of the real
property leased by Grantor for a length of approximately 600
linear feet; and (iii) remove from the real property owned by
Gershenberg a concrete bridge consisting of a slab of con-
crete measuring approximately 15 feet by 12 feet and deposit
same on Grantor's property. Grantor shall be solely respon-
sible for the costs of installation of the bridge (for
example, but not by way of limitation, excavation, footings
and moorings). In consideration of the grant of this ease-
ment, Grantee shall pay to Grantor on or before March 16,
1987, the cash sum of $5,000.00. Upon termination of this
Agreement, Grantee shall vacate and abandon the Easement Area
to Grantor in its then state and condition without cost or
expense to Grantor and Grantor shall accept same.
(b) Negative Covenants.
Grantee shall not interfere with or disturb any
water lines or drainage ditches which service Grantor's
property nor shall they interfere with Grantor's service road
or Grantor's access across the drainage channel to Los
Angeles Avenue. In the event that the road improvement works
requires that Grantee remove or replace any water lines or
drainage ditches, then Grantee may do so but Grantee shall
take such steps as are necessary to prevent any disruption or
impairment thereof, including without limitation the provi-
sion at Grantee's expense of substitute water lines and /or
drainage channels.
-2-
4. Maintenance of Easement Area.
During the term of this Agreement, Grantee shall main-
tain and repair the Easement Area. Upon termination of this
Agreement and thereafter, Grantor shall be solely responsible for
maintaining and repairing the Easement Area.
5. Indemnity.
Grantee shall indemnify and hold Grantor harmless from
and against any and all actions, causes of action, claims, costs,
demands, expenses (including reasonable attorney's fees), liabil-
ities and losses which arise from or relate to any act or omis-
sion during the term of this Agreement which relates to improve-
ments to or maintenance and repair of the Easement Area. Grantor
indemnifies and holds Grantee harmless from and against any and
all actions, causes of action, claims, costs, demands, expenses
(including reasonable attorney's fees), liabilities and losses
which arise from or relate to Grantor's installation of the
bridge described in Section 3 hereof.
Executed as of the day and year first above written.
"Grantor"
Muranaka Farm, Inc.,
a California corporation
By:
Harry Murana a, President
"Grantee"
Gerald M. Gers en erg
Judith L. Gers en erg
-3-
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement is entered into this
day of , 1987, by and between Muranaka Farm, Inc. ,
a California corporation (hereinafter, "Grantor ") and Gerald H.
Gershenberg and Judith L. Gershenberg (hereinafter, "Gershenberg"
or "Grantee "), with reference to the following facts and circum-
stances:
R E C I T A L S
A. Gershenberg is improving real property owned by them in
the immediate area of property leased by Grantor, and, as a con-
dition to granting approval for such improvements, governmental
agencies required that Gershenberg improve a portion of the state
highway (Los Angeles Avenue), which is contiguous with and lies
between the real property owned by Gershenberg and the real
property leased by Grantor.
B. The California State Department of Transportation (here-
inafter, "Caltrans ") has the right under state law to condemn a
portion of the real property leased by Grantor to permit perfor-
mance of the road improvement work; however, Grantor and Grantee
agree that it is to their mutual benefit to enter into this
Temporary Easement Agreement to permit performance of the road
improvement work in lieu of condemnation by Caltrans.
NOW, THEREFORE, in consideration of the mutual covenants set
forth herein, and for good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grant and Use of Easement.
Grantor hereby grants, assigns, conveys and transfers to
Grantee and their respective agents and assigns, and each of
them, an easement onto, over, across and under that certain real
property leased by Grantor which is shown and described in
Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter, the "Easement Area ") for the following
purposes: (i) to enter upon the Easement Area to perform such
inspections, studies, tests and analyses as they deem necessary;
(ii) to excavate, fill, compact, grade, pave, stripe, mark, and
fence the Easement Area; (iii) to remove trees, pipes, fences and
other barriers to the road improvement work (subject to Section
3(a) below); (iv) to construct such barriers as are necessary to
create a safe and efficient flow of traffic onto, over and across
the Easement Area; (v) to permit vehicular traffic and all other
KYM024 -8
uses across, onto and over the Easement Area as are permitted
under state law with respect to state highways and roads; (vi) to
maintain and repair same in accordance with the terms and condi-
tions of this Agreement; and (vii) to permit all other uses and
purposes necessary or related to the purposes described in this
Section 1.. Grantor shall execute in recordable form and deliver
to Grantee upon Grantee's request a short form memorandum of this
Agreement for recording.
2. Term of Easement.
This grant of easement
hereof and shall continue until/„
ever, that such termination date
weather, act
Grantee.
shall be effective upon the date
December 1, 1987; provided. how-
e excen
t
3. Covenants.
(a) Affirmative Covenants.
Grantee at its own expense shall: (i) remove
certain eucalyptus trees identified by Grantor and Grantee as
obstructing or encroaching upon the Easement Area; (ii) con-
struct a fence from materials approved by Grantor and Grantee
to separate the Easement Area from the remainder of the real
property leased by Grantor for a length of approximately 600
linear feet; and (iii) remove from the real property owned by
Gershenberg a concrete bridge consisting of a slab of con-
crete measuring approximately 15 feet by 12 feet and deposit
same on Grantor's property. Grantor shall be solely respon-
sible for the costs of installation of the bridge (for
example, but not by way of limitation, excavation, footings
and moorings). In consideration of the grant of this ease-
ment, Grantee shall a to Grantor on or a ore Marc
e cash sum of 5,000.00. Upon termination of this
Agreement, Grantee shall vacate and abandon the Easement Area
to Grantor in its then state and condition without cost or
expense to Grantor and Grantor shall accept same.
(b) Negative Covenants.
Grantee shall not interfere with or disturb any
water lines or drainage ditches which service Grantor's
property nor shall they interfere with Grantor's service road
or Grantor's access across the drainage channel to Los
Angeles Avenue. In the event that the road improvement works
requires that Grantee remove or replace any water lines or
drainage ditches, then Grantee may do so but Grantee shall
take such steps as are necessary to prevent any disruption or
impairment thereof, including without limitation the provi-
sion at Grantee's expense of substitute water lines and /or
drainage channels.
-2-
4. Maintenance of Easement Area.
During the term of this Agreement, Grantee shall main-
tain and repair the Easement Area. Upon termination of this
Agreement and thereafter, Grantor shall be solely responsible for
maintaining and repairing the Easement Area.
5. Indemnity.
Grantee shall indemnify and hold Grantor harmless from
and against any and all actions, causes of action, claims, costs,
demands, expenses (including reasonable attorney's fees), liabil-
ities and losses which arise from or relate to any act or omis-
sion during the term of this Agreement which relates to improve-
ments to or maintenance and repair of the Easement Area. Grantor
indemnifies and holds Grantee harmless from and against any and
all actions, causes of action, claims, costs, demands, expenses
(including reasonable attorney's fees), liabilities and losses
which arise from or relate to Grantor's installation of the
bridge described in Section 3 hereof.
Executed as of the day and year first above written.
"Grantor"
Muranaka Farm, Inc.,
a California corporation
By:
Harry Murana a, President
"Grantee"
Gerald M. Gers en erg
Judith L. Gers en erg
-3-
I It
03/11/1987 09 :5'
PHILLIP L&TASA
FRANCES EVERETT
MUGARET WAAYRRS
Muranaka Farm, Inc.
15014 Chatsworth St.
Granada Hills, CA 91344
TYRE KAMINS KATZ & GRANOF 213 ^ "29024
LEW FARMS
11018 La Angola Avenue
Uoorpari, Cal1fornia 68022
March 7, 1987
Attention: Mr. Harry Muranaka, Treasurell
Dear Mr. Muranaka,
For WAtbn ccsnmunioations,
we ONLY malllag eAdsass
P. O. BOX 78467
Los Aagelei6CA. 60076
(218) 686 -6668
Confirming our telephone conversation of yesterday, this is to reiterate
our position regarding the matter of the use of our property for the
Construction of a building across the road from us.
When we were first contacted by Mr. Potter the Civil Engineer on the
project, we suggested that lie contact you, as the lessee, regarding
any remuneration to you with regard to any inconvenience that you may
Incur as a result of the use of our land.
fie- Please be advised that this in no way gives you or Muranaka Farm any
vd- right to contract, or in any way ,give you permlaslon to negotiate any
*L use, removal of trees and use of our land, beyond the scope of the agree -
4 L- ment you described to me during this subject telephone conversation.
m
This is to be dealt with between ourselves, and the people who desire
to use our property.
Yours very truly,
1; FARMS
Phi11i Latasa
cc: Mr. Potter
TOTAL P.02
03/11/1997 09 :57 TYRE KAMINS KATZ & GRANOF 213 - -29024 P.01
TYRE KAMINS KATZ & GRANOF,
A Law Corporation
1800 Century Park East, Suite 1000
Los Angeles, California 90067
213/553--6822
FAX TRANSMITTAL COVER PAGE
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this FAX document, please call 213/5536822, extension 272.
TKK00017
GERALD M. CHIZEVER
DOUGLAS R. RING
ROGER H. HOWARD
GLEN L. KULIK
KENT Y. MOUTON
MARTINE E. SAFRAN
STEPHEN L. SPECTOR
KEITH E. THOMAS
RALPH M. WEISS
ALAN G. SALER
OF COUNSEL
BONNIE M. REISS
LAW OFFICES
HOWARD, RING & CHIZEVER
A PROFESSIONAL CORPORATION
10960 WILSNIRE BOULEVARD. SUITE 2100
LOS ANGELES, CALIFORNIA 90024
TELEPHONE (213) 478 -3022
Mr. Phillip Latasa
Lew Farms
912 South Windsor
Los Angeles, CA 90019
March 25, 1987
Re: Caltrans Condemnation
Muranaka Farms
Dear Mr. Latasa:
TELEX
182608
TELECOPIER
(213) 478 -3586
OUR FILE NUMBER
1749 -11405
I have left messages on your telephone answering machine
but have not yet heard back from you and so I have taken
the liberty of addressing you through this correspondence
to discuss the potential Caltrans condemnation action which
would affect a portion of the property which you own, presently
leased to Harry Muranaka. My client's business is located
on the other side of the state highway across from the Muranaka
leased property. The State of California is permanently
widening the state highway in this area and has requested
that my client obtain a temporary easement across a portion
of the Muranaka leased property which abuts against the state
highway. If the temporary easement cannot be obtained, then
Caltrans will condemn the area.
Mr. Muranaka has tentatively agreed to the temporary
easement and we understand that you have voiced a concern
about the eucalyptus trees that will be displaced in conjunc-
tion with the state highway improvement work. Unfortunately,
there is no way to avoid the removal of the trees because
we are informed that they lie within the Caltrans right -of -way
and lie directly in the path of the widened state highway.
Mr. Muranaka is ready to proceed with the temporary
easement agreement as soon as he receives your approval.
If your approval is not forthcoming, then I am advised that
Caltrans will immediately commence the condemnation proceeding
and remove the eucalyptus trees. Your approval to the tempo-
rary easement, in favor of Caltrans to permit the state highway
LAW OFFICES
HOWARD, RING & CHIZEVER
A PPOF[SSIONAL COPPOPATION
Mr. Phillip Latasa
Page 2
March 25, 1987
improvement work, is felt by all parties concerned to be
the best alternative because certain improvements to the
Muranaka leased property consisting of a paved access road
(which is a part of the detour which will be constructed
to permit expansion of the existing state highway) will remain
on the property if the temporary easement is granted but
shall not remain on the property if the condemnation action
is commenced by the state. My understanding is that the
paved roadway will add to the value of the leased property.
We would appreciate your prompt consideration of the
temporary easement agreement and hopeful approval of the
agreement. Please contact either me, Mr. Muranaka or Mr.
Muranaka's counsel, Bill Holcomb (213/553 -6822) as soon as
possible.
If you should have any questions in the interim, then
please do not hesitate to call.
Very truly your
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:dkb
cc: Mr. Harry Muranaka
William Holcomb, Esq.
c 1:.•INc :�•
GERALD M. CHIZCVER
DOUGLAS R. RING
ROGER H. HOWARD
GLEN L. KULIK
KENT Y. MOUTON
MARTINE E. SAFRAN
STEPHEN L. SPECTOR
KEITH E. THOMAS
RALPH M. WEISS
ALAN G. SALER
OF COUNSEL
BONNIE M. REISS
LAW OFFICES
HOWARD, RING & CHIZEVER
A PROFESSIONAL CORPORATION
10960 WILSHIRE BOULEVARD. SUITE 2100
TELEX
182608
LOS ANGELES. CALIFORNIA 90024
TELECOPIER
TELEPHONE (213) 476 -3022
(213) 474-3586
OUR FILE NUMBER
April 20, 1987
1749 -11405
Mr. Gerry Gershenberg
President
Woodcrest Carpet Mills
14933 Calvert Street
Van Nuys, California 91411
Re: Muranaka Farms
Temporary Easement Agreement
Dear Gerry:
Mr. Latasa of Lew Farms (the landlord of Muranaka
Farms) has never responded to any of the numerous telephone
messages that I sent him, nor did he respond to my correspon-
dence of March 25, 1987 (a copy of which is enclosed herewith).
Bill Holcolm, counsel for Muranaka Farms, advises that Mr.
Latasa has not contacted Muranaka Farms with respect to this
issue either and so I would advise that you seriously pursue
the condemnation action.
If you have any other thoughts or if you should have
any questions, then please do not hesitate to give me a call.
Very truly yours,
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:ld
Enclosure
cc: Douglas R. Ring, Esq.
Mr. Phillip Latasa
Lew Farms
912 South Windsor
Los Angeles, CA 90019
Re: Caltrans Condemnation
Muranaka Farms
Dear Mr. Latasa:
I have left messages on your telephone answering machine
but have not yet heard back from you and so I have taken
the liberty of addressing you through this correspondence
to discuss the potential Caltrans condemnation action which
would affect a portion of the property which you own, presently
leased to Harry Muranaka. My client's business is located
on the other side of the state highway across from the Muranaka
leased property. The State of California is permanently
widening the state highway in this area and has requested
that my client obtain a temporary easement across a portion
of the Muranaka leased property which abuts against the state
highway. If the temporary easement cannot be obtained, then
Caltrans will condemn the area.
Mr. Muranaka has tentatively agreed to the temporary
easement and we understand that you have voiced a concern
about the eucalyptus trees that will be displaced in conjunc-
tion with the state highway improvement work. Unfortunately,
there is no way to avoid the removal of the trees because
we are informed that they lie within the Caltrans right -of -way
and lie directly in the path of the widened state highway.
Mr. Muranaka is ready to proceed with the temporary
easement agreement as soon as he receives your approval.
If your approval is not forthcoming, then I am advised that
Caltrans will immediately commence the condemnation proceeding
and remove the eucalyptus trees. Your approval to the tempo-
rary easement, in favor of Caltrans to permit the state highway
LAW OFFICES
HOWARD, RING & CHIZMR
A PRO /CSSIONAL CORPORATION
GERALD M. CHIZCVCR
IOOAO WILSHIRC OOULCVARO. SUIT[ 2100
TCLC%
DOUGLAS R. RING
162608
ROGER H. HOWARD
LOS ANGELES. CALIFORNIA 00024
GLEN L.
T[L[CO PICK
KENT
KENT Y. MOUTON
MOUTON
TCLCPHONE (213) 470 -3022
(213) 476 -3506
MARTIN[ C. SAFRAN
STCPHCN L. SPECTOR
March 25, 1987
OUR FILE NUMS[R
KITH C. THOMAS
RALPH M. W[ISS
ALAN 6. sAL[R
1749 -11405
OF COUNS[L
•ONNIE M. R[ISS
Mr. Phillip Latasa
Lew Farms
912 South Windsor
Los Angeles, CA 90019
Re: Caltrans Condemnation
Muranaka Farms
Dear Mr. Latasa:
I have left messages on your telephone answering machine
but have not yet heard back from you and so I have taken
the liberty of addressing you through this correspondence
to discuss the potential Caltrans condemnation action which
would affect a portion of the property which you own, presently
leased to Harry Muranaka. My client's business is located
on the other side of the state highway across from the Muranaka
leased property. The State of California is permanently
widening the state highway in this area and has requested
that my client obtain a temporary easement across a portion
of the Muranaka leased property which abuts against the state
highway. If the temporary easement cannot be obtained, then
Caltrans will condemn the area.
Mr. Muranaka has tentatively agreed to the temporary
easement and we understand that you have voiced a concern
about the eucalyptus trees that will be displaced in conjunc-
tion with the state highway improvement work. Unfortunately,
there is no way to avoid the removal of the trees because
we are informed that they lie within the Caltrans right -of -way
and lie directly in the path of the widened state highway.
Mr. Muranaka is ready to proceed with the temporary
easement agreement as soon as he receives your approval.
If your approval is not forthcoming, then I am advised that
Caltrans will immediately commence the condemnation proceeding
and remove the eucalyptus trees. Your approval to the tempo-
rary easement, in favor of Caltrans to permit the state highway
vw OFFICES
HOWARD, RING & CHIZEWR
A 190019fiIONAL COI�PONATIOW
Mr. Phillip Latasa
Page 2
March 25, 1987
improvement work, is felt by all parties concerned to be
the best alternative because certain improvements to the
Muranaka leased property consisting of a paved access road
(which is a part of the detour which will be constructed
to permit expansion of the existing state highway) will remain
on the property if the temporary easement is granted but
shall not remain on the property if•the condemnation action
is commenced by the state. My understanding is that the
paved roadway will add to the value of the leased property.
We would appreciate your prompt consideration of the
temporary easement agreement and hopeful approval of the
agreement. Please contact either me, Mr. Muranaka or Mr.
Muranaka's counsel, Bill Holcomb (213/553 -6822) as soon as
possible.
If you should have any questions in the interim, then
please do not hesitate to call.
Very truly your
Kent Y. Mouton
of HOWARD, RING & CHIZEVER
KYM:dkb
cc: Mr. Harry Muranaka
William Holcomb, Esq.
WILLIAM SCHUYLER STACK
ATTORNEY AT LAW
18255 VENTURA BOULEVARD • SUITE 1015
ENCINO, CALIFORNIA 91438
(818) 7898984
April 27, 1987
Kent Y. Mouton, Esq.
Howard, Ring & Chizever
Attorneys at Law
10960 Wilshire Blvd., Suite 2100
Los Angeles, California 90024
Re: Lew Farms
Assessor's Parcel Number 504- 02 -03, Ventura County,
State of California
Dear Mr. Mouton:
Mr. Phillip Latasa, one of the owners of Lew Farms, has
consulted me regarding the proposed temporary easement for
road purposes across the Lew Farms property near Mocrpark,
California.
As you realize, Muranaka Farms are lessees of the proper-
ty, and Lew Farms are the owners.
One of the big problems regarding the temporary easement
is the existence of the eight eucalyptus trees ninety feet or
more high which are more than sixty to seventy years old and
are extremely valuable to my clients. To destroy these trees
would be a big hardship on my clients and to obtain specimens of
trees of equal height and age is extremely difficult. If my
clients agreed to the easement, you would have to furnish a bond
for the same size trees and the bond to be for the purposes of
the trees being in existence for at least two years after plant-
ing or replanting and growing well.
My clients would have to be indemnified for any damage,
loss or expense resulting from any contemplated construction
and absolved from any liability whatsoever and proof of work-
men's compensation supplied to them regarding any construction.
A time limit must be established as to how long the con-
struction will take and how long the proposed road will be in
Kent Y. Mouton, Esq.
Page Two
April 27, 1987
existence for the loss of the use of the land of my clients.
A definite agreement will have to be reached as to the com-
position of the road and its appearance, and my clients are
not convinced at this time that any new road should remain
after its use. In addition, Los Angeles Street should revert
back to its present use and position.
The work shall not disrupt the Muranaka's water service,
their service road and its access to Los Angeles Avenue and
across the channel must be maintained. Also, the drainage
ditch across the property south of the water line shall be
kept open at all times and not interfered with. Further, the
existing bridge on the north side of Los Angeles Avenue, which
is proposed to be removed,and if there is an agreement and it
is moved, shall be installed over the channel for the Muranaka's
service road.
My clients demand the sum of $20,000.00 for the above
matters, which is reasonable for what they will lose as to
the trees, the inconvenience and disruption of the use of their land,etc
Please let me hear from you as soon as possible regarding
this.
Sincer
i
WILLIAM S. STACK
WSS: jf
cc: Mr. Phillip Latasa