HomeMy WebLinkAboutAGENDA REPORT 1994 1116 CC REG ITEM 08MME
FROM:
DATE:
ITEM
AGENDA REPORT
C = TY OF MOORPARK
The Honorable City Council
Kenneth C. Gilbert, Director of Public Works
November 4, 1994 (Council Meeting 11- 16 -94)
SUBJECT: Consider Approval of Certificate of Acceptance for Two
Easement Deeds [Herrera & Altamirano] for the
Construction of Sidewalk Improvements at the Northwest
and Southwest Corners of First Street and Bard Street
DISCUSSION
A. Background
In the very near future, the City will be proceeding with a
project to reconstruct the entire length of First Street and
that portion of Bard Street between the south MetroLink parking
lot and Second Street.
B. Handicap Ramps
The project design calls for the construction of standard
handicap access ramps at the northwest and southwest corners of
First Street and Bard Street. That design requires the
construction of a flat platform area behind each ramp. To
construct this standard design handicap ramp, an Easement will
be required from the properties at each of these corners. A
plan showing these proposed improvements and required Easements
is attached as Exhibit 'A'. This design was developed
subsequent discussions with and verbal approval from the
affected property owners.
C. Deeds
An Easement Deed for each of the subject corners has been signed
by the owners of the affected properties. A copy of each of
those Deeds, and the Certificates of Acceptance, are attached as
Exhibits 'B' and 'C'.
Approve Certificates of Acceptance for two Easement Deeds for the
Construction and Maintenance of a sidewalk at the northwest and
southwest corners of First Street and Bard Street.
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
CERTIFICATE OF ACCEPTANCE
NOTICE IS HEREBY given by the City of Moorpark in the County of
Ventura, State of California, as follows:
1. That on the day of , the Easement from Andres E.
Altamirano and Martha Altamirano was accepted by the City of
Moorpark.
2. That the name of the political subdivision accepting said
Grant Deed is the CITY OF MOORPARK, in the County of Ventura,
State of California, whose address is 799 Moorpark Avenue,
Moorpark, California 93021.
3. That the City Clerk of the City of Moorpark is authorized to
accept and consent to the recordation of any deed or grant
conveying any interest in or easement upon real property to
said City which the City Council has approved pursuant to
Resolution No. 85 -163 which was duly recorded with the County
Recorder of Ventura County.
City of Moorpark
Lillian E. Hare, City Clerk
00067
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed on Recyded Paper
RECORDING REQUESTED BY
City of Moorpark
AND WHEN RECORDED HAIL TO
Name City of Moorpark
Street 799 Moorpark Avenue
Address Moorpark, CA 93021
City, State &
Zip Code
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT
GENERAL
---- - - - - -- . ► ---- - - - - --
THIS AGREEMENT is made and entered into this _
day of
19 fk4 , by and between Andres E. Altamirano and Martha
Altamirano, husband and wife as joint tenants whose address is 194 First
Street, Moorpark, CA 93021 _. hereinafter called "Grantor "), and the City of
Moorpark, a municipal corporation, whose address is 799 Moorpark Avenue,
Moorpark, CA 93021 (hereinafter called "Grantee "), WITNESSET'H:
WHEREAS, the Grantor owns and has fee simple title to that certain parcel of real property located in the City of
Moorpark ___, County of Ventura
State of California legally described as follows:
(Here insert legal description of the real property or that portion thereof to be subject to the easement, right -of -way or rights desired by
the Grantee)
See Exhibits A & B attached hereto.
AND WHEREAS, the Grantee desires to use said real property for the purpose of*
•(Insert here nature and type of easement, right-of-way or right desired by the Grantee)
Construction and maintenance of a public sidewalk.
NOW, THEREFORE, it is hereby agreed between the parties hereto as follows:
The Grantor does hereby grant, assign and set over to the Grantee*
•(Insert here nature and type of easement, right- of-way or right granted to Grantee or. the real property or any portion thereof)
An easement fore purpose of construction and maintenance of a
public sidewalk.
Except as to the rights granted herein, the Grantor shall continue to have the full use, occupancy and enjoyment of
said real property. The Grantee hereby agrees to hold and save the Grantor harmless from any and all claims,
liability and damages arising from the use, possession and occupancy of the real property as herein granted and
00068
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hereby further agrees to pay for any and all damage or damages which may occur to the real property, or rights of
the Grantor or any other person or property through Grantee's use, occupation and possession of the real property or
the rights herein granted.
TO HAVE AND TO HOLD said easement, right and right -of -way unto Grantee, his succ'hssors or assigns for a
period of until vacated or relinquished by the Grantee , subject to the
following specific conditions and restrictions:
None
This agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs,
administrators, executors, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
�Y'A N ;3 q Dvrl` 19
_ day of
STATE OF CALI ORN-Iy-A, f
COUNTY OF I U Pn �/
ON this D- day of 1 U ) 0, , in the �� year 19 q f before me, the
Notary Public in and for the State, personally appeared IT T H & A- L TA H1
per5cnaii o me (or proved to me on the basis of satisfactory
evidence) to be the person_ whose name_
_he _ executed it.
WITNESS my hand and official seal.
, a
subscribed to the within instrument, and acknowledged to me tAala s
VA WRTM W-MI. PA
TWA=
USTATE OF CALIFORNIA
o,
COUNTY OF
ON this day of the year 19 before me, the undersigned, a
Notary Public in and for the State, personally appeared AN M e S LT A M 1 R N-3
ally Jamwff-to-" (or proved to me on the basis of satisfactory
evidence) to be the person— whose name_
_he _ executed it.
WITN hand and official
subscribed to the within instrument, and acknowledged to me
lbyA Pith lit, itillmd"for said' State
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M. #%5192
NOTARY PUBLIC • CALIFORNIA
> COUNTY
My Comm. VENTURA iw Aprit 26, 1996
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Exhibit 'A'
LEGAL DESCRIPTION
A triangular shaped piece of land located at the northeast corner of
Lot 20 and 21, Block 6, in the City of Moorpark, County of Ventura,
State of California, as per map entitled "Map #1 of Tract "O" of
Moorpark Subdivision, Rancho Simi, Ventura County, California" and
recorded in the Office of the County Recorder of said County, in Book
8 of Miscellaneous Records (Maps) at Page 13, described as follows:
Commencing at the northeast corner of Lot 21, said point being
the TRUE POINT OF BEGINNING; thence,
1st westerly along the north line of said Lot 21, 10.00 feet;
thence,
2nd southeasterly to a point in the east line of the aforesaid Lot
21, located 10.00 feet south of the aforesaid northeast corner
of said lot; thence,
3rd northerly along said east line to the TRUE POINT OF BEGINNING.
AN 512-0- 102 -160
00070
Exhibit "B"
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SUBS EC � PAuPEQTY
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00071
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MOORPARK
4orpark Avenue Moorpark, California 93021 (805) 529 -6864
CERTIFICATE OF ACCEPTANCE
NOTICE IS HEREBY given by the City of Moorpark in the County of
Ventura, State of California, as follows:
1. That on the day of , the Easement from Jose Marta
Herrera, Jr. was accepted by the City of Moorpark.
2. That the name of the political subdivision accepting said
Grant Deed is the CITY OF MOORPARK, in the County of Ventura,
State of California, whose address is 799 Moorpark Avenue,
Moorpark, California 93021.
3. That the City Clerk of the City of Moorpark is authorized to
accept and consent to the recordation of any deed or grant
conveying any interest in or easement upon real property to
said City which the City Council has approved pursuant to
Resolution No. 85 -163 which was duly - recorded with the County
Recorder of Ventura County.
PAUL W. LAWRASON JR.
Mayor
PATRICK HUNTER
Mayor Pro Tem
City of Moorpark
Lillian E. Hare, City Clerk
SCOTT MONTGOMERY
Councilmember
00072
BERNARDO M. PEREZ JOHN E. WOZNIAK
Councilmember Councilmember
Printed on Recycled Paper
RECORDING REQUESTED BY
City of Moorpark
AND WHEN RECORDED HAIL TO
Name City of Moorpark
Street 799 Moorpark Avenue
Address Moorpark, CA 93021
City, State &
Zip Code
SPACE ABOVE THIS LINE FOR RECORDER'S USE —
EASEMENT
GENERAL
---- - - - - -- - ---- - - - - --
THIS AGREEMENT is made and entered into this
C- 'L
day of
19 �_,
by and between Jose
Maria
Herrera, Jr.
, a single
man as to an undivided 1/3
interest and
Jose
Rene Herrera.
a single
man as to an undivided 2/3 interest, . as tenants in common whose address is
191 First Street, Moorpark, CA 93021 hereinafter called
"Grantor "), and the City of Moorpark, a municipal corporation whose address is
799 Moorpark Avenue, Moorpark, CA 93021 (hereinafter called "Grantee "),
WITNESSETH:
WHEREAS, the Grantor owns and has fee simple title to that certain parcel of real property located in the City of
Moorpark County of Ventura ,
State of California , legally described as follows:
(Here insert legal description of the real property or that portion thereof to be subject to the easement, right-of-way or rights desired by
the Grantee)
See Exhibits A & B attached hereto.
AND WHEREAS, the Grantee desires to use said real property for the purppse of*
•(Insert here nature and type of easement, right -of- y or right desired by the Grantee)
Construction and maintenance of a public sidewalk.
NOW, THEREFORE, it is hereby agreed between the parties hereto as follows:
The Grantor does hereby grant, assign and set over to the Grantee*
•(Insert here nature end type of easement, right- of-ray or right granted to Grantee on the real property or any portion thereof)
An easement fore purpose of construction and maintenance of a
public sidewalk.
Except as to the rights granted herein, the Grantor shall continue to have the full use, occupancy and enjoyment of
said real property. The Grantee hereby agrees to hold and save the Grantor harmless from any and all claims,
liability and damages arising from the use, possession and occupancy of the real property as herein granted and
00073
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hereby further agrees to pay for any and all damage or damages which may occur to the real property, or rights of
the Grantor or any other person or property through Grantee's use, occupation and possession of the real property or
the rights herein granted.
TO HAVE AND TO HOLD said easement, right and right -of -way unto Grantee, his successors or assigns for a
period of until vacated or relinquished by the Grantee , subject to the
following specific conditions and restrictions:
None
This agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs,
administrators, executors, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of /141t�1A % — c
19
Az�
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A400Cz2 ar/;
STATE OF CALIFORNIA
COUNTY OF I I U F (V�U.�R
ON this yAC day of r,/ O V . in the year 19 '' ` f , before me, the undersig
Notary Public in and for the State, personally appeared 10 S e R. O F f R E 6A �, % 5 e
evidence) to be the persons whose name
he executed it.
WITNESS my hand and official seal.
51 MARIE B. GRAICIAK tary Pubs
41 .,; COMM. # 65192
NOTARY PUBLIC - CALIFORNIA
STATE OF CALIFORNIA VENTURA COUNTY
My Comm. Expires April 26. 1996
ova
COUNTY OF
ON this day of _, in the year 19 , before me, the undersigned, a
Notary Public in and for the State, personally appeared _.
(or proved to me on the basis of
subscribed to the within instrument, and acknowledged to
for said State
a
�P.lw,t-zfi �
that
evidence) to be the person_ whose name-
--- be _ executed it.
WITNESS my hand and official seal.
personally known to me (or proved to me on the basis of satisfactory
subscribed to the within instrument, and acknowledged to me that
Notary Public in and for said State
00074
Exhibit 'A'
LEGAL DESCRIPTION
A triangular shaped piece of land located at the southeast corner of
Lot 15, Block 1, Tract "O" of Moorpark Subdivision of Rancho Simi, in
the City of Moorpark, County of Ventura, State of California, as per
map recorded in Book 8, Page 13 of Maps, in the Office of the County
Recorder of said County, described as follows:
Commencing at the southeast corner of said Lot 15, said point
being the TRUE POINT OF BEGINNING; thence,
1st westerly along the south line of said Lot 15, 10.00 feet;
thence,
2nd northeasterly to a point in the east line of the aforesaid Lot
15, located 10.00 feet north of the aforesaid southeast corner
of said lot; thence,
3rd southerly along said east line to the TRUE POINT OF BEGINNING.
ANA 512 -0- 103 -170
00075
Exhibit "B"
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