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Home My WebLink AboutAGENDA REPORT 2014 0305 CCSA REG ITEM 10E ITEM 10.E. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL of 3-s-aoi4- AGENDA REPORT ACTION: (100.4 49-nal """TU its—twat: - TO: Honorable City Council BY' ' FROM: Dave Klotzle, City Engineer/Public Works Director DATE: February 24, 2014 (CC Meeting of 03/05/14) SUBJECT: Consider Hiking and Equestrian Trail Easement Deeds to the City of Moorpark from Toll Land XIX Limited Partnership for Tract Map 5045-8 DISCUSSION Toll Land XIX Limited Partnership (Toll) is the developer of Tract 5045-8, a 132-lot residential subdivision located north of Ridgecrest Drive and east of Spring Road as shown on Attachment 1. A condition of development for Tract 5045-8 is the construction of a public hiking and equestrian trail. A hiking and equestrian trail easement from Toll to the City is required for the trail to be open for public use. The trail has been constructed and an easement over the trail was granted on the Tract 5045-8 Final Map. However, a portion of the trail was required to be constructed outside of the original easement in order to achieve an appropriate longitudinal slope of the trail. Additional hiking and equestrian trail easement areas are required on lots 17 and 18 to cover the as- constructed trail location. Toll has executed the necessary hiking and equestrian trail easement deeds for acceptance by the City (Attachments 2 and 3). FISCAL IMPACT None STAFF RECOMMENDATION Accept the hiking and equestrian trail easement deeds on Lot 17 and Lot 18 of Tract 5045-8 and authorize the City Clerk to sign and record an acceptance certificate for the said deeds and the attachments thereto in the office of the Ventura County Recorder. Attachments: 1 — Vicinity Map 2 — Hiking and equestrian trail easement deed on Lot 17 of Tract 5045-8 3 — Hiking and equestrian trail easement deed on Lot 18 of Tract 5045.-8 S:Public Works\EveryonelReports\Staff Reports\2014\March\03-05-2014(Tract 5045-8 Lot 17&18 Trail Easement).doc 90 VICINITY MAP 14 15 18 11 18 19 70 11111111 '1111111614113 Attachment 1 '+--~--EXISTING HIKING AND EQUESTRIAN TRIAL EASEMENT DEDICATED ON TRACT MA~-8 _,,-- HIKING AND EQUESTRIAN TRAIL HIKING AND EQUESTRIAN TRAIL RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT Attachment 2 No Fee Required SPACE ABOVE THIS LINE FOR RECORDER'S USE (Gov't Code Sec. 6103 & 27383) The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Moorpark Assessor's Parcel No.: 513-0-190-095 Project No. & Name: :Tract 5045-8. Lot 17 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TOLL LAND XIX LIMITED PARTNERSHIP, a California limited partnership hereby GRANTS to: City of Moorp.ark, a Municipal Corporation the following described real property in the City of Moorpark, County of Ventura, State of California: a hiking and equestrian trail easement over, under, across and upon that portion of Lot 17 of TRACT NO. 5045-8, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 157, Pages 7 through 23, inclusive, of Miscellaneous Records, in the Office of the County Recorder of Ventura County, described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof. TOLL LAND XIX LIMITED PARTNERSHIP, a California limited partnership By: Toll CA GP Corp., a California corporation, Its General Partner MAIL TAX STATEMENTS AS DIRECTED ABOVE US.JV 804311226.1 92 Acknowledgment State of California County of Of 411J e before 3Jwca C. WvcJA12ff n11f1uy fpj/;1; S _ IL ~ (here insert name and title of the officer) personally appeared & TYi (I who proved to me on the basis of satis act evidence to be the person(.81 whose name(~ is/are subscribed to the within instrument and acknowledged to me that he/sl:ie/tl:iey executed the same in his/hs~Jtl:ieir authorized capacity(JesY, and that by his/t.et'ltheir signature(gf on the instrument the person($f, or the entity upon behalf of which the person'8f acted, executed the instrument. I certify under P~NAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. usw 804311226.1 93 RBF Consulting 14725 Alton Parkway Irvine, California 92618 EXlllBIT "A" LEGAL DESCRIPTION HIKING & EQUESTRIAN TRAIL EASEMENT WITHIN LOT 17 OF TRACT NO. 5045-8 November 21, 2013 JN 10-101690 Page 1 of2 That certain parcel of land situated in the City of Moorpark, County of Ventura, State of California, being that portion of Lot 17 of Tract No. 5045-8 as shown on a map thereof filed in Book 157, Pages 7 through 23 of Miscellaneous Records (Maps) in the Office of the County Recorder of said Ventura County, described as follows: COMMENCING at the northwest comer of said Lot 17 as shown on said Tract No. 5045-8; thence along the westerly line of said lot South 00°33'53" East 25.00 feet to a line parallel with and 25.00 feet southerly from the northerly line of said lot, said point being the TRUE POINT OF BEGINNING; thence along said parallel line South 89°26'54" East 100.00 feet to the easterly line of said lot; thence along said easterly line South 00°33'53" West 20.59 feet; thence leaving said easterly line through the following courses: South 67°44'01" West 6.04 feet; thence South 59°36'28" West 9.23 feet; thence South 80°30'3 l" West 53.03 feet; thence North 31°03'07" West 6.44 feet to a point on a non-tangent curve concave southwesterly and having a radius of 87.00 feet, a radial line of said curve from said point bears South 53°45'16" West; thence along said curve northwesterly 29.12 feet through a central angle of 19°10'30"; thence non-tangent from said curve North 74°21'57" West 7.25 feet; thence North 84°10'36" West 2.94 feet to said westerly line of Lot 17; thence along said westerly line North 00°33'53" East 9.29 feet to the TRUE POINT OF BEGINNING. CONTAINING: 2651 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. 11/21/2013 Kurt R. Troxell, L.S. 7854 Date H:\pdata\10101690\Admin\LEGALS\TR 5045-8\Lots· l 7 _Trail.docx T.P.O.B. 16 0 ""'" II . -I"'-,..,... "<t" 0 I"') w • -I"') L[) I"'-,..,... I"') O'> I"') 0 I"'- N 0 z EXHIBIT "8" P.O.C. 100.00' -I.() N 17 TRACT NO. 5045-8 PARCEL 11 19 P.M. 5 N89°26'54"W 1547.90' -,..,... "<t" 0 ..- I"') w • I") L[) -I"') I") 0 0 0 z 1 8 -L[) N CITY OF MOORPARK HIKING & EQUESTRIAN TRAIL EASEMENT PER TRACT NO. 5045-8 1 9 157 M.R. 07-23 DATA TABLE NO. BRNG/DELTA RADIUS LENGTH 1 N00°33'53"E 9.29' 2 N84°10'36"W 2.94' 3 N74°21'57"W 7.25' 4 19°10'30" 87.00' 29. 12' 5 N31°03'07"W 6.44' 6 S59°36'28"W 9.23' 7 S67° 44 '01 "W 6.04' 8 soo·33'53"w 20.59' SKErCH TONXOIPNN A LEGAL DESCRIPTION FOR ---L..l ~IL HIGHTOP STREET SHEET 2 OF 2 SHEETS HIKING & EQUESTRIAN TRAIL EASEMENT LOT 17 OF TRACT NO. 5045-8 CONTAINING: 2651 SQ.FT. +/- DESIGN 8 CONSTRUCTION 14725 AL TON PJW!NAY FmE. CALFOfNA 921518-2027 C 0 NS U LTI N G 949.472.3505 • FAX 949.472.8373 • www.ABF.com ~Vflf£R 21, 2013 J.N. 10-101690 H: \POAT A \10101690\CADD\MAPPINC\EXHIBITS\ TR 5045-8\LOTS-17 _ TRAILDll'C CA THY.SCHUERSAL 11 /21 /13 3: 16 pm RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT Attachment 3 No Fee Required ' SPACE ABOVE THIS LINE FOR RECORDER'S USE (Gov't Code Sec. 6103 & 27383) The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Moorpark Assessor's Parcel No.: 513-0-190-105 Project No. & Name: :Tract 5045-8. Lot 18 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TOLL LAND XIX LIMITED PARTNERSHIP, a California limited partnership hereby GRANTS to: City of Moorp.ark, a Municipal Corporation the following described real property in the City of Moorpark, County of Ventura, State of California: a hiking and equestrian trail easement over, under, across and upon that portion of Lot 18 of TRACT NO. 5045-8, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 157, Pages 7 through 23, inclusive, of Miscellaneous Records, in the Office of the County Recorder of Ventura County, described in Exhibit "A" and shown on Exhibit "8," attached hereto and made a part hereof. TOLL LAND XIX LIMITED PARTNERSHIP, a California limited partnership By: Toll CA GP Corp., a California corporation, Its General Partner By: ::==:;:2:'.=-\--~--'?1-HL.... Nam Its: -+-----i~--+--=--+>1~-+"ir-:-L.....,r- MAIL TAX STATEMENTS AS DIRECTED ABOVE usw 804311228.1 96 Acknowledgment State of California County of/)( 4{!].e, ond·d-6-llf personally appeared ~=-.i..::::....L-~-...!..-1-L.L..!...-+------------------------ who proved to me on the basis of satisfa o e dence to be the person(~ whose name(.efis/~ subscribed to the within instrument and acknowledged to me that he/eh~ executed the same in his/h&fAheir authorized capacity(~. and that by his/hedtlielt signature(.81 on the instrument the person~ or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. REBECCA C. WYCKOFF .·. _ Commission# 1999461 H .-:;: · Notary Public -California ~ z · ..•. , · Orange County _. J.;: ~·. ,M! SoT"! ;x~r: peg t7·}~1al usw 804311228.1 97 RBF Consulting 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION HIKING & EQUESTRIAN TRAIL EASEMENT WITHIN LOT 18 OF TRACT NO. 5045-8 November 21, 2013 JN 10-101690 Page 1 of2 That certain parcel of land situated in the City of Moorpark, County of Ventura, State of California, being that portion of Lots 18 of Tract No. 5045-8 as shown on a map thereof filed in Book 157, Pages 7 through 23 of Miscellaneous Records (Maps) in the Office of the County Recorder of said Ventura County, described as follows: COMMENCING at the northwest corner of said Lot 18 as shown on said Tract No. 5045-8; thence along the westerly line of said lot South 00°33'53" East 25.00 feet to a line parallel with and 25.00 feet southerly from the northerly line of said lot, said point being the TRUE POINT OF BEGINNING; thence along said parallel line South 89°26'54 11 East 40.54; thence South 51°36'08 11 West 7.57 feet to a point on a non-tangent curve concave northwesterly and having a radius of 72.00 feet, a radial line of said curve from said point bears North 41°12'22" West; thence along said curve southwesterly 23.02 feet through a central angle of 18°19'13"; thence non-tangent from said curve South 77°46'44" West 15.73 feet to a point on said westerly line of Lot 18, distant thereon South 00°33'53 11 East 20.59 feet from the TRUE POINT OF BEGINNING; thence along said westerly line North 00°33'53 11 East 20.59 feet to the TRUE POINT OF BEGINNING. CONTAINING: 582 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. 11/21/2013 Kurt R. Troxell; L.S. 7854 Date H:\pdata\l 0 I 0 I 690\Admin\LEGALSITR 5045-8\Lot-l 8 _ Trail.docx 98 15 0 '<I" II : -lf) N PARCEL 1, 19 P.M. 5 N89°26'54"W 100.00' T.P.O.B. -lf) N - " " .;t' 0 n w n - lf) " " 17 n m n 0 " 0 N 0 z TRACT NO. 5045-8 ----L-LCIL HIGHTOP STREET -" v 0 ,,, w n lf) -I") ,.,., 0 0 0 z EXHIBIT "8" NOTE: RECORD DATA PER TRACT NO. 5045-8, 157 M.R. 07-23 SKETCH TO N:iCOlll!AN'f A LEGAL DESCRIPTION FOR HIKING & EQUESTRIAN 'TRAIL EASEMENT LOT 18 OF TRACT NO. 5045-a CONTAINING: 528 SQ.FT.+/- P.O.C. NW CORNER LOT 18 1547.90' 100.00' '\. '\. N41°12'22"W 3 '------'\ (RAD) '\ S22°53'09"E '--"{RAD)-- -lf) N CITY OF MOORPARK HIKING & EQUESTRIAN TRAIL EASEMENT PER TRACT NO. 5045-8 1 8 157 M.R. 07-23 DATA TABLE 1 9 NO. BRNG/DELTA RADIUS LENGTH 1 S89°26'54"E 40.54' 2 ss1·3s'oa"w 7.57' 3 18°19'13" 72.00' 23.02' 4 s77•45'44"w 15.73' 5 Noo·33'53"E 20.59' SHEET 2 OF 2 SHEETS PLANNING • OElillQN • CON&TRUCTION 14725 ALTON PAR(WAY fME. CAL.FaNA 92618-2027 CONSULTING 949.472.3505 • FAX949.472.8373 • www.RBF.com NOVEMB£R 21, 2013 J.N. 10-101690 H: \PDA TA\ 10101690\CAOO\MAPPING\EXHIBITS\ 1R !5045-8\LOTS-18_ lRAILOWG CA THY.SOiMERSAI. 11 /21 /13 J: 45 pm 99