HomeMy WebLinkAboutAGENDA REPORT 2015 0318 CCSA REG ITEM 10E ITEM 10.E.
crry OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL ACTION: ���t.�w�
AGENDA REPORT
BY: Yb
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director J
DATE: March 9, 2015 (CC Meeting of 03/18/15)
SUBJECT: Consider Grant of Easements to Calleguas Municipal Water District
for Groundwater Monitoring Wells on Moorpark Avenue and Daisy
Court
DISCUSSION
In September 2014, the City issued an encroachment permit to Calleguas Municipal
Water District (Calleguas) for the District's installation of two groundwater monitoring
wells, one at the south end of Moorpark Avenue and the other at the south end of Daisy
Court. The approximately two hundred foot deep wells have been installed, and are
used by Calleguas to monitor the level of water in the aquifer that Calleguas pumps
water into and out of as part of their routine management of groundwater supplies. No
water is extracted or injected into these wells; they are for monitoring purposes only. A
condition of the encroachment permit requires Calleguas to obtain operation and
maintenance easements over both groundwater monitoring wells from the City.
The easements must be granted to Calleguas by the City, and accepted by Calleguas.
The attached easement documentation has been prepared by Calleguas and is of a
form approved by the City Attorney. Staff is requesting that City Council approve the
grant of easements to Calleguas and authorize the Mayor to sign the easement grant
deeds.
FISCAL IMPACT
There is no fiscal impact related to the grant of easements to Calleguas.
222
Honorable City Council
March 18, 2015
Page 2
STAFF RECOMMENDATION
Approve the grant of easements to Calleguas Municipal Water District for groundwater
monitoring wells on Moorpark Avenue and Daisy Court and authorize the Mayor to sign
the easement grant deeds subject to final language approval by the City Manager and
City Attorney.
Attachment:
Easement Grant Deeds
S:\Public Works\Everyone\Repods\Staff Reports\2015\March\3-18-2015(Calleguas Groundwater Well Easements).docx 2 2 3
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
with a copy to:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
SPACE ABOVE THIS LINE FOR RECORDER'S
USE No fee pursuant to Government Code§6103 No
Documentary Transfer Tax per R&T Code§ 11922 No
Recording Fee per Government Code§27383
NO TAX DUE
Calleguas Municipal Water District
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The CITY OF MOORPARK("GRANTOR")
does hereby GRANT to the
CALLEGUAS MUNICIPAL WATER DISTRICT("DISTRICT")
its successors and assigns forever:
A permanent non-exclusive easement and right of way at any time and from time to time, for
construction, maintenance, and/or removal of a ground water monitoring well and related appurtenances
such as markers, manholes, monitoring devices, data logging devices, and all related incidents, and
fixtures necessary for the use of the groundwater monitoring well, under all those certain lands situated
and lying in the City of Moorpark, County of Ventura, State of California, as described on Exhibit "A"
and depicted on Exhibit "B", both of which are attached hereto and incorporated by reference herein(the
"Easement Area"), without representation or warranty, express or implied, and subject to the following
terms and conditions.
District acknowledges that the Easement Area is within public streets, and the foregoing grant is subject
and subordinate to the rights of the City and the public to use such public streets,the rights of the City to
maintain such public streets,and all matters of record.
Without the consent in writing of Grantee, or its successors or assigns, first given to Grantor, or its
successors or assigns, no building or other structure of any kind shall be erected, placed or maintained
by Grantor, or its successors or assigns, upon any of the Easement Area.
CM W D PARCEL NO.2924 2 2 4
12853-0001\1802514v2.doc
District shall defend, indemnify and hold Grantor harmless from and against any and all claims, liabilities,
losses, damages, costs and expenses as a result of(i) damages to personal or real property, and/or for
injuries to persons, caused by District's exercise of its rights hereunder,except to the extent caused by the
negligence of Grantor; or(ii)Grantor's approving and entering into this Easement Deed.
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. The District Facilities in the street area shall be underground (except that
well covers may be flush with the street) and the District Facilities may not obstruct use of street and
sidewalk areas by vehicles and pedestrians. Well covers must be flush with the street, and within thirty
(30) days of written notice from Grantor, District, at its sole cost, shall make adjustments thereto in the
event of street resurfacing so that well covers remain flush with the street. Plans for District Facilities
shall be subject to approval by Grantor in its governmental capacity, and District will need to obtain any
encroachment agreements,permits and approvals required by the City in its governmental capacity for the
District Facilities or any work in, under or on the Easement Area. District shall give at least ten (10)
business days written notice to Grantor of any work to be done by or on behalf of District in the Easement
Area pursuant to this paragraph.
District shall provide 24 hours notice to Grantor prior to any routine data collection from District
Facilities in the Easement Area. Advance notice will not be required by District to Grantor to address an
emergency situation concerning District Facilities in the Easement Area, but notice will be provided to
Grantor within 24 hours of any emergency work that an emergency situation was addressed. 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, 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.
District may not assign this agreement or any rights or obligations of District herein to any person or
entity other than a successor to District without the prior written consent of Grantor.
GRANTOR:
City of Moorpark
Date: , 2015 By:
Janice S.Parvin,Mayor
Date: , 2015 Attest:
Maureen Benson,City Clerk
CMWD PARCEL NO.2924
12853-0001\1802514v2.doe 2.2 5
CERTIFICATE OF ACCEPTANCE
(Government Code §27281)
This is to certify that the interest in real property conveyed by the deed or grant dated
from the City of Moorpark,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 November 5,2015,and the grantee consents to the
recordation thereof by its duly authorized officers.
Dated:
By:
Scott H.Quady,President,Board of Directors
By:
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:
CMWD PARCEL NO.2924 2 2 6
12853-0001\1802514v2.doc
EXHIBIT"A"
LEGAL DESCRIPTION
OF EASEMENT AREA
That portion of Parcel 11. Panel Map No. 3118, In tile,City of Moorpark,County of Ventura, State of
California, as per the OW Rad in Book 28, Pages 59 and 60 of Parcel Maps in the office of the County
Recorder of Ventura courtz described as follows:
Beginning at the westerly terminus of the centerline of Moorpark Av , shown on the Record of
Survey filed In Book 56,Page-3of Records of Survey in the office amid County Recorder as having a
bearing and distance Of West 10.00 feet; thence South 75°58'16" West 28 33 reettothe True Point of
Beginning of this descript n;thence,
1St. North 14°01'44"West 1.80 ,thence,
2nd: SOW)75058116"West 6.00 feet$ enpe,,
3rd: South 14°011441'Eclat WV-feet;theneei
4th: North 75°58'16"E 6.00feet;thence,
5th: North' 11 F"`WW4• feetthe True Point of Beginning of this description.
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PREPARED BY:
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BENNER. AND CARPENTER: INC.
506 EAST MAIN STREET SKETCH TO ACCOMPANY
SANTA PAULA. CA 93060 _ LEGAL DESCRIP7ION
(805) 525-3396
228
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
with a copy to:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
SPACE ABOVE THIS LINE FOR RECORDER'S
USE No fee pursuant to Government Code§6103 No
Documentary Transfer Tax per R&T Code§ 11922 No
Recording Fee per Government Code§27383
NO TAX DUE
Calleguas Municipal Water District
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The CITY OF MOORPARK("GRANTOR")
does hereby GRANT to the
CALLEGUAS MUNICIPAL WATER DISTRICT("DISTRICT")
its successors and assigns forever:
A permanent non-exclusive easement and right of way at any time and from time to time, for
construction, maintenance, and/or removal of a ground water monitoring well and related appurtenances
such as markers, manholes, monitoring devices, data logging devices, and all related incidents, and
fixtures necessary for the use of the groundwater monitoring well, under all those certain lands situated
and lying in the City of Moorpark, County of Ventura, State of California, as described on Exhibit "A"
and depicted on Exhibit "B", both of which are attached hereto and incorporated by reference herein (the
"Easement Area"), without representation or warranty, express or implied, and subject to the following
terms and conditions.
District acknowledges that the Easement Area is within public streets, and the foregoing grant is subject
and subordinate to the rights of the City and the public to use such public streets, the rights of the City to
maintain such public streets, and all matters of record.
Without the consent in writing of Grantee, or its successors or assigns, first given to Grantor, or its
successors or assigns, no building or other structure of any kind shall be erected, placed or maintained
by Grantor, or its successors or assigns, upon any of the Easement Area.
CMWD PARCEL NO.2923
12853-0001\1802514v2.doc 2 2 9
District shall defend, indemnify and hold Grantor harmless from and against any and all claims, liabilities,
losses, damages, costs and expenses as a result of(i) damages to personal or real property, and/or for
injuries to persons, caused by District's exercise of its rights hereunder, except to the extent caused by the
negligence of Grantor; or(ii)Grantor's approving and entering into this Easement Deed.
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. The District Facilities in the street area shall be underground (except that
well covers may be flush with the street) and the District Facilities may not obstruct use of street and
sidewalk areas by vehicles and pedestrians. Well covers must be flush with the street, and within thirty
(30) days of written notice from Grantor, District, at its sole cost, shall make adjustments thereto in the
event of street resurfacing so that well covers remain flush with the street. Plans for District Facilities
shall be subject to approval by Grantor in its governmental capacity, and District will need to obtain any
encroachment agreements,permits and approvals required by the City in its governmental capacity for the
District Facilities or any work in, under or on the Easement Area. District shall give at least ten (10)
business days written notice to Grantor of any work to be done by or on behalf of District in the Easement
Area pursuant to this paragraph.
District shall provide 24 hours notice to Grantor prior to any routine data collection from District
Facilities in the Easement Area. Advance notice will not be required by District to Grantor to address an
emergency situation concerning District Facilities in the Easement Area, but notice will be provided to
Grantor within 24 hours of any emergency work that an emergency situation was addressed. 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, 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.
District may not assign this agreement or any rights or obligations of District herein to any person or
entity other than a successor to District without the prior written consent of Grantor.
GRANTOR: .
City of Moorpark
Date: , 2015 By:
Janice S. Parvin, Mayor
Date: , 2015 Attest:
Maureen Benson,City Clerk
CMWD PARCEL NO.2923
12853-0001\1802514v2.dec 230
CERTIFICATE OF ACCEPTANCE
(Government Code §27281)
This is to certify that the interest in real property conveyed by the deed or grant dated
from the City of Moorpark,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 November 5,2015,and the grantee consents to the
recordation thereof by its duly authorized officers.
Dated:
By:
Scott H.Quady,President,Board of Directors
By:
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 fiill,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:
CMWD PARCEL NO.2923 2 31
12853-0001\1802514v2.doc
LEGAL DESCRIPTION
OF EASEMENT AREA
that portion of Vett"1" of the Rancho Simi, in the City of Moorpark, County of Ventura, State of
C.allfornla,as pry reap recorded in Book 3, Page 7 of Miscellaneous Records (Maps)in the office of
the CoUoty Recorde•Ventura County,described as follows:
Beginning at the easterly terminus of the centerline ( Daisy Court, shown on the map of Tract No.
3032-1, hitt In Book 85, Pages 32 through 37, Inclusive of Miscellaneous Records(Maps) in the
office of said County Recorder, as having a bearing and distance of North 89°59'27":Eat 10.00 feet;
thence South.5446$3" East 27.52 feet to the True point of Beginning of this desciiptlon;thence,
1st: SOO 35° 'or West 2.75 feet; thence,
2nd: South 549i1640'':East,6.00 feet; thence,
3rd: North 35°1Y07"'€ast 6.00 feet; thence,
4th: N it 54°4G' "West 6.00 feet;thence,
5th: South 35°13 'x'3.25 feet to the True Pcilritof ming of this description.
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DETAIL "A"
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PREPARED BY: EXHIBIT'Br
BENNER AND
506 EAST MAN STREETR, INC. SI<ET TO ACCOiwPANy
SANTA PAULA, CA 93080 LEGAL DESCRIPTION
(805) 525-3396
233