HomeMy WebLinkAboutAGENDA REPORT 2014 0115 CC SPC ITEM 05A ITEM 5.A.
CITY OF MOORPARK,CALIF•
City Council Meeting
MOORPARK CITY COUNCIL Ot o L2-5-°2691-14
AGENDA REPORT ' '` � �- - �_ .. «.
_,,. .
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director ,11
DATE: January 13, 2014 (CC Special Meeting of 01/15/14)
SUBJECT: Consider Grant of Easement to Calleguas Municipal Water District for
Relocation of Las Posas Feeder Unit 1 Air Vacuum and Air Release
Valves for the Widening of Los Angeles Avenue Between Maureen
Lane and Leta Yancy Road (Project 8058)
DISCUSSION
The subject project includes widening the south side of Los Angeles Avenue and
restriping to provide three through lanes in each direction and a center lane for left
turns. The project also includes the construction of a protective concrete cap over the
existing 36-inch Calleguas Municipal Water District (Calleguas) Las Posas Feeder Unit
1 (LPF-1) pipeline. Several Calleguas LPF-1 and Las Posas Feeder No. 3 valves and
manholes also must be adjusted or relocated to the south beyond the widened roadway.
On April 3, 2013, the City Council authorized the City Manager to enter into an
agreement with Calleguas for the required pipeline protection and adjustment work and
for the City to provide an easement to Calleguas over their facilities. The agreement
with Calleguas has been executed and a deposit of $55,000.00 has been placed with
Calleguas for the cost of the pipeline work.
On January 16, 2013 the City Council approved the project and authorized staff to
advertise for construction bids, and on October 2, 2013, the City Council awarded a
contract to Sully Miller Contracting Company for construction of the project. Prior to
construction, the easement to Calleguas must be granted by the City and accepted by
Calleguas. The attached easement documentation has been prepared and staff is
requesting that City Council approve the grant of easement to Calleguas and authorize
the Mayor to sign the easement grant deed.
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Honorable City Council
January 15, 2014
Page 2
FISCAL IMPACT
There is no fiscal impact related to the grant of easement to Calleguas.
STAFF RECOMMENDATION
Approve the grant of easement to Calleguas Municipal Water District for Relocation of
Las Posas Feeder Unit 1 Air Vacuum and Air Release Valves for the Widening of Los
Angeles Avenue Between Maureen Lane and Leta Yancy Road (Project 8058) and
authorize the Mayor to sign the easement grant deed subject to final language approval
by the City Manager and City Attorney.
Attachment:
Easement Grant Deed
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Recorded at request of and
When recorded return to:
Calleguas Municipal Water District
c/o Hamner, Jewell & Associates
Government Real Estate Services
4476 Market Street, Suite 601
Ventura, California 93003
ATTACHMENT
Space above this line for Recorder's Use
NO TAX DUE
Calleguas Municipal Water District
EASEMENT GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The CITY OF MOO RP ARK ("GRANTOR")
does hereby GRANT to the
CALLEGUAS MUNICIPAL WATER DISTRICT ("DISTRICT")
the following interests in real property:
A Permanent Easement in gross to survey, install, construct, reconstruct, enlarge, lay, alter,
operate, patrol, remove, replace, and maintain a water conduit, consisting of one or more underground
water pipelines and related facilities. These related facilities may include but are not limited to markers,
air valves, manholes, valves, meters, surge control devices, test stations, buried communication devices,
buried electrical conduits and devises, pull boxes, and all related incidents, fixtures, and appurtenances.
The markers, test stations, pull boxes, blow off valves, air release valves, manholes, other related
facilities, and turnouts may be located above ground or partially above ground. This easement shall be
in, over, on, through, within, under, and across the Easement Area of the Real Property as defined in this
paragraph. The "Real Property" is in the City of Moorpark, County of Ventura, State of California, and
is described in Exhibit "A", attached hereto and incorporated by reference herein. The "Easement Area"
which comprises the Permanent Easement is described and depicted in Exhibit "B", attached hereto and
incorporated by reference herein.
The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. The District facilities and improvements installed in the Easement Area collectively are
referred to herein as "District Facilities." Plans for District Facilities as they exist from time to time shall
be maintained at the District's principal offices.
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2. District shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Easement Area at any time, without prior notice, including the right to
use lanes, drives, rights-of-way, and roadways within the Real Property which now exist or which
hereinafter may be constructed, as shall be convenient and necessary for the purpose of exercising the
rights herein set forth; provided, however, that nothing herein shall prevent or limit Grantor's rights to
close such roadways, lanes, or rights-of-way, and to provide District with comparable alternative access
to the Easement Area, as deemed reasonable by the District.
3. As the amount of earth or other fill over its facilities can affect the structural integrity of the
District's underground facilities, District shall have the right to maintain the height of earth or other fill
over District's underground facilities. Grantor shall not temporarily or permanently modify, or allow
others to in any way modify, the ground surface elevation in the Easement Area from the elevation
established upon completion of construction of the District's facilities without the District's written
consent, which consent shall not be withheld unreasonably. Grantor shall not conduct, or permit others
to conduct, grading operations, ripping, stockpiling, or use, or permit others to use, explosives within or
proximate to the Easement Area to the extent that District facilities may be damaged.
4. This easement is subject to all existing fencing, canals, irrigation ditches, laterals, pipelines,
roads, electrical transmission facilities, and communication lines existing on the date this easement is
granted, and all future uses which do not directly or indirectly interfere with or endanger District's
exercise of the rights described herein, including the right to use the Easement Area for agricultural
purposes excepting vegetation which endangers the integrity of District Facilities; provided, however,
that District shall have the right to clear and keep clear from the Easement Area all explosives, buildings,
structures, walls, and other facilities of a permanent nature, and any earth cover or stockpile of material
placed without the District's written consent, which interfere with District's use of the Easement Area.
Grantor shall not construct, nor permit others to construct, such permanent facilities which conflict with
District's ability to use the Easement Area. District shall have the right of exclusive use and possession
within the Easement Area for a distance of two (2) feet in every direction around the outside surface of
the District Facilities. In addition to any other legal and equitable remedies for violations of this
paragraph, District shall have the right to do all things necessary and proper to remove any such
vegetation, explosives, improvements, and materials, at the Grantor's expense.
5. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind
whatsoever to others in, over, on, through, within, under and across the Easement Area without the prior
written approval of the District, which approval shall not be withheld unreasonably; and
The easement rights conveyed herein to District are transferable, in whole or in part, by District to
other water purveyors, subject to all terms and conditions contained herein.
Page 2 of 4
GRANTOR:
City of Moorpark
Date: By:
Janice S. Parvin, Mayor
Maureen Benson, City Clerk
State of California
County of ______ _
On __________ before me,------------~ Notary Public,
personally appeared ______________________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
(Seal)
Page 3 of 4
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CERTIFICATE OF ACCEPTANCE
(Government Code §27281)
This is to certify that the interest in real property conveyed by the deed or grant dated ,
from Bell Ranch Investors, A Limited Liability Company, to Calleguas Municipal Water District, a California
Municipal Water District, is hereby accepted by order of the Board of Directors of Calleguas Municipal Water
District on , pursuant to authority conferred by Ordinance No. 18, which the Calleguas
Municipal Water District Board of Directors adopted on August 16, 2006, and the grantee consents to the
recordation thereof by its duly authorized officers.
Dated: ______________ _
Scott H. Quady, President, Board of Directors
Susan B. Mulligan, General Manager
STATE OF CALIFORNIA)
SS
COUNTY OF VENTURA)
I, Kara Wade, Clerk of the Board of Directors of Calleguas Municipal Water District, DO HEREBY
CERTIFY that the attached and foregoing is a full, true and correct copy of Ordinance No. 18 of said
Board, and the same has not been amended or repealed.
By: ________________ _
Kara Wade, Clerk of the Board
Dated:
---------------~
Page 4 of 4
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EXHIBIT II A"
LEGAL DESCRIPTION
CALLEGUAS MUNICIPAL WATER DISTRICT EASEMENT
A strip of land, 5 feet wide, in the City of Moorpark, County of Ventura, State of California, over
that portion of land described in the document recorded as Document No. 20061124-00248347
of Official Records, in the Office of the County Recorder of said County, the centerline described
as follows:
Beginning at a point on the centerline of Los Angeles Avenue, 60 feet wide, as shown on the
map recorded in Book 30, Page 56 of Miscellaneous Records, distant North 89°59'25" West
165.66 feet from the centerline of Shasta Avenue, 60 feet wide, as shown on said map; thence ·
South 00°00'35" West 30.00 feet to a point on the northerly line of that portion of land
described in said Document No. 20061124-00248347 of Official Records1 said point being the
true point of beginning; thence,
1st) South 00°00'35" West 29.00 feet to the southerly line of that portion of land described
in said Document No. 20061124-00248347 of Official Records.
Prepared on December 17, 2013 by:
#'/,/--
William L. Meagher
LS 5948 (Expires 12/14)
Page 1of1
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--- -
I
I
LOS ANGELES A VENUE
N89"59'25"W
165.66'
"! POB
tO -~ G1~
-----~~TP0~--------------------
10 I -~ 5' WIDE EASEMENT
IC? t"' I~ I 29.00' WIDE EASEMENT
I I • PER 20061124-00248347 O.R. _____ ,tr-------------------------
10 I oi
WM SURVEYS INC.
W.L. Meagher
2747 Sherwin Ave. #12
Ventura, Ca. 93003
(805) 677-4850
DATE: 1-8-2014 JOB No.: 813123
EXHIBIT 'B'
CMWD EASEMENT ~
A PORTION OF LOT K TRACT L ~
RECORDED IN 5 MR 5
LOS ANGELES AVE., MOORPARK, CA. SCALE 1" = 20'
DRAWN 8.Y: JEREMY HENRY SHEET: 1 OF 1
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