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Home My WebLink AboutAGENDA REPORT 1988 1207 CC REG ITEM 08G iii. /Sot MOORPARK ITEM . G. JOHN PATRICK LANE STEVEN KUENY Mayorc•"" °� , City Manager ELOISE BROWN o° / CHERYL J. KANE Mayor Pro Tern APPI/4• City Attorney JOHN GALLOWAY � PATRICK RICHARDS, A.I.C.P. Councilmember - At:S. . Director of CLINT HARPER, Ph.D. o.� Community Development Councilmember o R. DENNIS DELZEIT BERNARDO M. PEREZ �O City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: November 29, 1988 (CC meeting of 12/7/88) SUBJECT: INDUSTRIAL DEVELOPMENT PLAN PERMIT NO. DP-390/CONDITIONAL USE PERMIT NO. CUP-4507 Background A condition of approval for DP-390/CUP-4507 is that a meandering sidewalk be provided along the Los Angeles Avenue frontage at Goldman Avenue. Caltrans will not issue an encroachment permit allowing the developer to construct a meandering sidewalk unless the city accepts responsibility for maintenance and liability of the sidewalk. Staff has drafted an agreement letter (attached) under the direction of Caltrans to satisfy their needs. Also attached is a letter of agreement between the applicant and the city which will ensure that the applicant, or future owner of the subject industrial property will be responsible for maintaining the landscaped areas within the Caltrans right-of-way. Recommended Action 1. Review and approve the letter of agreement requiring the applicant, Sig Friedman, to maintain the landscaped area within the Caltrans right-of-way. 2. Review and consider the letter of agreement with Caltrans to permit a meandering sidewalk along Los Angeles Avenue for DP-390/CUP-4507 and authorize the City Manager to sign the letter of agreement. Attachment: Draft Letter of Agreement between Applicant and City Draft letter of Agreement between City and Caltrans ,1f1OOR^ARK, C,AI_€FORN,A City Counci' F eting of j2-- 7 _198 2 ACTION• .fir a 4T ^^fEzs p n� 799 Moorpark Avenue Moorpark, Califomia 93021 „,�� , tic 64 DP390/CHRONI PJR:MAR:DT:JS:CM:crl . ..V. ; _ — November 29, 1988 Department of Transportation 120 South Spring Street, Room 110 Los Angeles, CA 90012 Attention: Tony Colella, Associate District Permit Engineer Subject: DP-390/CUP-4507 Sig Friedman, Los Angeles Avenue at Goldman Avenue, Moorpark - ENCROACHMENT PERMIT Dear Mr. Colella: The City has reviewed and approved the plans for the installation of improvements consisting of landscaping and irrigation systems, tree walls, meandering sidewalk and street improvements which Sig Friedman is to install in the State highway right-of-•way on Los Angeles Avenue in the City of Moorpark. The City will be responsible for the maintenance and liability for any landscaping and irrigation systems, tree wells, meandering sidewalk and street improvements which are places under this project in the public right-of-way and agrees that this construction meets all City requirements and will not prejudice the City' s accepting this portion of the highway when it is offered for relinquishment. Sincerely, Steven Kueny City Manager cc:. R. Dennis Delzeit, City Engineer Patrick J. Richards, Director of Community Development Sig Friedman Amy Dengler DP348A/CHRONI PJR:MAR:DT:JS:r_M:cr7. November 30, 1988 Mr . Pat Richards Director of Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, Ca . 93021 Re: Landscape Letter Agreement for CALTRANS Encroachment Permit . .DP-390 SIGMUND FRIEDMAN Dear Mr . Richards: SIGMUND FRIEDMAN, ( hereinafter called "Owner " ) in connection with the development of DP-390 , is required to landscape within CALTRANS property ( "Landscaped Area" ) ( ( see attached ) ) located in Los Angeles Avenue adjacent to the subject development . CALTRANS will permit "Owner " to do this only if the City of Moorpark agrees to maintain the Landscaped Area and in turn, the City requires the "Owner" to be responsible for such maintenance . The "Owner " hereby agrees to maintain the Landscaped Area and will do so at his own cost and expense. If the City incurs any expense as a result of "Owner" maintenance and/or the failure thereof of said maintenance , the "Owner " shall fully reimburse the City for any expenses incurred due to non-performance of the required maintenance. The duties and obligations under this Letter Agreement shall initially belong to said "Owner" . If another party becomes "Owner " , that party shall assume all such duties and obligations and the present "Owner " ( Sigmund Friedman ) shall be released from any further responsibilities . The "Owner " will record this Letter Agreement within ninety ( 90 ) days after is approval by the City . Ver , Truly Yours SIGMU D FRIEDMAN, Owner 6441 LaCumbre Road Somis , California 93066 ( 805 ) 987-8455 WHEN RECORDED , RETURN TO: CITY CLERK City of Moorpark 799 Moorpark Avenue Moorpark , Ca. 93021 AGREEMENT FOR LANDSCAPE AREA Sigmund Friedman, ( hereinafter called "Owner " ) , in connection with the development of DP-390 , is required to landscape within CALTRANS property ( "Landscaped Area" ) ( ( see attached ) ) located in Los Angeles Avenue adjacent to the subject development . CALTRANS will permit "Owner" to do this only if the City of Moorpark agrees to maintain the Landscaped Area and in turn, the City of Moorpark requires the "Owner" to be responsible for such maintenance . The "Owner " hereby agrees to maintain the Landscaped Area and will do so at his own cost and expense . If the City incurs any expense as a result of "Owner" maintenance and/or the failure thereof of said maintenance, the "Owner" shall fully reimburse the City for any expenses incurred due to non-performance of the required maintenance . The duties and obligations under this Letter Agreement shall initially belong to said "Owner" . If another party becomes "Owner " , that party shall assume all such duties and obligations and the present "Owner " ( Sigmund Friedman ) shall be released from any further responsibilities. The "Owner" will record this Letter Agreement within ninety ( 90 ) days after its approval by the City . tflEDMneH /AN , 0/ Pwner ACCEPTED AND AGREED TO: this day of , 198__ CITY OF MOORPARK By Attest Its: APPROVED AS TO FORM: City Attorney . .. At 4------- . . SKETCH TO ACCOMPANY ., LEGAL DESCRIPTION • FOR SIDEWALK PUPOSES ACROSS PARCEL I, PM NO. 3244-1 5C41_e • i"— .40e Icx,',5- /4,5./41 -- ---,A.0, ( (1,7( i ku , > N: CI ....4 ‘k./.._ .4 ,.., P:...I. •*.Jsf::' . . 3 - I,,,...4 .....,... ... ......,,, ,-.. 1 16 66t11°I11- 'IN C11 . 0 5/°- 1 NI si\1 u) \ kk•\ ItNI , ti) .4 14:470.6)2 154' Al 3/1'30'37"W SQ.55 1--.....„; .,e'z 40•Dor N O'c75 1 02'0 /25.2.7'— 1 ". u% I N, it'd GOZ-0"44 isi 4 Nr -. . 1 • I §4I I .. • . • %I Ntil i•-(.,,i,‘ Orl n I TI!\-. viLof BS toov PREPARED BY% ‘,5) a K 4e 4, t.71,‘,.0 • 01,1 ic...., L.B. KOVACS, CIVIL ENGINEER 798 MOORPARK AVE, 2 ,71- i-r, MOORPARK, CA. 9302I . • . . No. 28522 ( 805) 529-7300 .Eri?.f/go * 0 ..A •Nr 15,e CIVIL 4 nsL , • • , ' , . .••:. ! • DP-390 <FRIEDMAN) • LEGAL DESCRIPTION FOR SIDEWALK PURPOSES THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 3244-1 , IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGES 20 THROUGH 22 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1 , BEING A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF LOS ANGELES AVENUE, 89 FEET WIDE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 1st: N0°05' 00"W 14 . 00 FEET; THENCE LEAVING SAID EASTERLY LINE 2nd: N89°57 ' 54"W 171 . 50 FEET; THENCE 3rd: N31°30 ' 37" W 30. 55 FEET TO A POINT IN THE EASTERLY LINE OF GOLDMAN AVENUE, 40. 00 FEET WIDE, AND THE • BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 40. 00 FEET, A RADIAL LINE TO SAID CURVE BEARS N89°55' 00"E; THENCE 4th: SOUTHEASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 90°02' 54" AN ARC DISTANCE OF 62. 87 FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF SAID LOS ANGELES AVENUE AND THE SOUTHERLY LINE OF SAID PARCEL 1 ; THENCE 5th: S89°57 ' 54"E 147. 47 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING otoFESSipiv PREPARED BY: h 40 B. �� Q ,\,O 8Ps/as . 28522 • L. B. KOVACS, RCE 28522 DATE • rao ss z 9f� CIV1l �l