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HomeMy WebLinkAboutAGENDA REPORT 1984 0801 CC REG ITEM 11GMOORPARK_ 799MOORPA1FtK AVENUE P.O. BOX 701. MOORPARK. CA 93021 (806) 629 -6864 07 • eo e M E M O R A N D U M TO: The Honorable City Council i FROM: Niall Fritz Director of Community Development DATE: July 27, 1984 SUBJECT: Easement Deeds for MOORPARK STOW -IT, DP 289 Poindexter Road PROPOSED ACTION Accept the proposed easement deeds. BACKGROUND INFORMATION CITY COUNCIL LETA YANCY- SUTTON MAYOR ALBERT PRIETO MAYOR PRO TEM ROBERT BEAULIEU CLINT HARPER, Ph. O. JERRY STRAUGHAN As part of the approval of DP 289 for a self -serve storage mini- warehouse project on Poindexter Avenue, the County required the widening of Poindexter Avenue by 10 feet. At the rear or southerly end of the property there is a pro- posed cul -de -sac street which will provide access to this and other industrial properties. It was also required that a small portion of the property be provided as part of that cul -de -sac. The proposed easements would be for these street improvements. SUGGESTED MOTION Adopt Resolution No. 84- from Moorpark Stow -It. attachment accepting easement deeds MOORPARK 799 MOORPARK AVENUE P.O. BOX 701. MOORPARK, CA 903021 (805) 529 -6864 MEMORANDUM TO: Niall Fritz, Director of Community Development FROM: R. Dennis Delzeit, City Engineer RAJ CITY COUNCIL LETA YANCY•SUTTON MAYOR ALBERT PRIETO MAYOR PRO TEM ROBERT BEAULIEU CLINT HARPER, Ph. O. JERRY STRAUGHAN DATE: July 18, 1984 SUBJECT: Review of Easement Deed for "Moorpark Stow -it, DP 289" We have reviewed the information transmitted in Ray Holzer's June 29, 1984 letter (enclosed), and everything appears to be in order and ready for final processing. RDD:lb Encl. cc: John Knipe, Assistant City Engineer PUBLIC WORKS AGENCY venture Director of Arthur E. Goulet county Manager — Administrative Services Deputy Directors Paul W. Ruffin Ron Brazill Real Property Services Al F. Knuth Transportation T. M Morgan June 29, 1984 EngineeringServices G. I Nowak Flood C ontroiMater Resources Mr. Niall Fritz Moorpark P. 0. Box 701 Moorpark, CA 93021 Subject: POINDEXTER ROAD, TRACT 100.1E (MOORPARK STOW -IT) AND OFFER TO GRANT AN EASEMENT AGREEMENT Dear Mr. Fritz: Enclosed for acceptance and recordation is a deed and Offer to Grant Easement required in conjunction with DP 289. Also enclosed is sketch depicting the areas described in the two documents. Very truly yours, Ray W. Holze Real Estate Services Division Real Property Services RWH:vrm Encl. 800 South Victoria Avenue, Ventura, CA 93009 RECEIVED JUL Q 2 W4 Gtyof A RESOLUTION NO. 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ACCEPTING EASEMENT DEEDS FOR PUBLIC ROAD PURPOSES, FROM MOORPARK STOW -IT PROPERTIES LTD., A CALIFORNIA LIMITED PARTNER- SHIP, FOR DP 289. BE IT RESOLVED, that the City of Moorpark, California, a municipal corporation, does hereby accept and consent to the recordation of the following deeds: -1- Recorded at request of and Return to Public Works Agency Real Property Services AP # 511- 070 -18 Instr. # N/A NO TAX DUE County of Ventura OFFER TO GRANT AN EASEMENT AGREEMENT (DP 289) RW -llb FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowl- edged, MOORPARK STOW -IT PROPERTIES LTD, a California limited partnership do(es) hereby GRANT to MOORPARK, a municipal corporation an irrevocable offer to grant an easement and right of way in, on, over, under and across the following described real property in the State of California, County of Ventura, for all the pur- poses of a public road. (See description on following page(s)) The undersigned, hereinafter called "Grantor ", has offered this Offer To Grant An Easement Agreement, hereinafter called "Agreement ", and the City of Moorpark, a municipal corporation hereinafter called "Entity" has accepted this Agreement upon the express understanding and intention that: 1. REJECTION OF OFFER. By acceptance of this Agreement, Entity does hereby reject the Offer, provided, however, that the Offer shall remain open and in effect so that Entity may accept the Offer at a later date. 2. TERMINATION. This Offer shall automatically terminate upon the first of the following to occur: a) The adoption of a Resolution by Entity's Board of Supervisors wherein they rescind the prior rejection of the Offer and accept the Grant of Easement; 1 of 3 C_ The northerly 10 feet of that land described in the Grant Deed recorded in Book 1981, page 97887 of Official Records on October 16, 1981, in the Office of the County Recorder in the County of Ventura. 2 of 3 Instr. # N/A RW -11 b b) Upon recordation of a Quitclaim Deed whereby Entity relinquishes all its right, title and interest in and to the easement hereinabove offered; c) Upon vacation of the right to accept the easement hereinabove offered, pursuant to Section 8300 et seq of the Streets and Highways Code, State of California; or d) After the expiration of a period of 20 years, com- mencing from the date of this Agreement. 3. AUTOMATIC VESTING. Title to said easement shall auto- matically vest in the Entity upon recordation of a Resolution of Entity's Board of Supervisors accepting same without any further action on the part of Grantor. Title shall relate back to and be effective as of the date this Agreement is recorded in the office of the Ventura County Recorder, hereinafter called "Recorder ". 4. CONSIDERATION. Consideration for this Offer To Grant An Easement is approval of DP 289 STATE OF COUNTY OF PARTNERSHIP ACKNOWLEDGMENT ss On �,�f o16 , before me, a NOTARY /PUBLIC in d for said County and '9tate, personally appeared dam* L L• ��. -.occy known tro me or prow d to me on the ba!is ot satisfactory evidence to be the partner(s) of the partner- ship that executed the within instrument, and acknowledged to me that such partnership executed the same. OFFICIAL SEAL HOWARD S 1ERNER NOTARY PUBLIC - CALIFORNIA h,.�. LOS ANGELES COUNTY My Comm. expires OCT 30, 1987 _ -- _ - N07ARY PUBLIC--in and for said C unty and State 3 of 3 RW -59 Recorded at request of and Return to Public Works Agency Real Property Services AP # 51.1- 070 -18 Instr. # 100.1E NO TAX DUE County of Ventura E A S E M E N T D E E D (Poindexter Road) FOR A VALUABLE CONSIDERATION, receipt of which is hereby ac- knowledged, MOORPARK STOW -IT PROPERTIES LTD., a California limited partnership do(es) hereby GRANT to MOORPARK, a municipal corporation an easement and right of way for public road and related purposes in, on, over, under and across the following de- scribed real property in the State of California, County of Ventura. (See description on following page(s)) 1 of 3 RW -10 That portion of land described in the Grant Deed recorded in Book 1981, page 97887 of Official Records on October 16, 1981, in the Office of the County Recorder in the County of Ventura, described as follows: Beginning at the southeast corner of said land; thence, 1st - North 89 °59'15" West, 50.00 feet, along the southerly line of said property to the beginning of a curve con- cave southeasterly, having a radial bearing of North 89 059'15" West, and a radius of 45.00 feet; thence, 2nd - Northeasterly 75.70 feet along said curve through a central angle of 96 023'41" to the easterly property line of said land; thence, 3rd - South 0 000'50" West 44.72 feet to the point of beginning. 2 of 3 Instr. # 100.1E RW -20b Dated: � 26��/ RJ:jg APPROVED STATE OF COUNTY OF MOORPARK STOW -IT PROPERTIES LTD., a California limited partnership i By PARTNERSHIP ACKNOWLEDGMENT ss Grantor(s) On 4z 0- U 66 , before me, a NO�ZL PUBLIC in and for said County an -, personally appeared ,g„_ ,\ X/ � dryors A�.b 'S-. ,�/. '/ A J'_ known to me or proven to me on the his of -satisfactory evidence to be the partner(s) of the partner- ship that executed the within instrument, and acknowledged to me that such partnership executed the same. QFFiCtAL SEAL HOWARD S LERNER EQ NOTARY PUBLIC - CALIFORNIA LOS ANGM COUNTY My comm. wpU.e OCT 30. 1957 NO said County and State RW -59 „nl v x.11 v JIIV/I d i � q (// P556) LASSEN AVE. P 12 Tox 3- de 67014 67067 67070 67066 67069 67073 Oi fbr. S. B. E. Par. 6, 7,8 a 9 872-56-23c d • 3'3/' R • 3206.24' L - 196.791' d •6'ss'3O” -R - 85so./7' L .138.51' N 89'56'30 "E 85.47' 511 -47 t' 0 • o (ED Assessor 1s Map Bk. 511 0 Pg. 07 s Block Nm ubers Shown ,n £Ibps�s Porc@l NulrOers Shown in Crrcle5 County of Ventura, Caht W'n!ra/ Nuvnbers Shown n SOuorrrs BE IT FURTHER RESOLVED, that a copy of this Resolution shall be attached to said deedspursuant to Section 27281 of the California Government Code. PASSED AND ADOPTED this lst day of August, 1984. Mayor of the City of Moorpark, California ATTEST: City Clerk (SEAL) CERTIFICATE: I declare under penalty of perjury that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Moorpark, California, at its regular meeting of August 1, 1984. DATED: , 1984. City Clerk of the City of Moorpark, California -2-