HomeMy WebLinkAboutAGENDA REPORT 1991 0306 CC REG ITEM 08GMOORPARK ITEM ER-Q&
PAUL W. LAWRASON JR. � % <PARK, CALIFORNIA
Mayor Ciy coun II Meot9ng
BERNARDO M. PEREZ of 199
Mayor Pro Tem L
SCOTT MONTGOMERYACTION:
Councilmember
JOHN E. WOZNIAK
Councilmember
B
LILLIAN KELLERMAN
City Clerk
M E M O R A N D U M
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE.
City Treasurer
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: February 25, 1991 (Council Meeting 3 -6 -91)
SUBJECT: Acceptance of Easement and Grant Deeds
Related to the Improvement of
Avenida Colonia and Nogales Avenue
1) Lot 20 (Faircloth);
2) Lot 87 (Simen); and,
3) Lot 94 (Simen)
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This requests acceptance of certain easementand grant deeds
required for the construction of the subject project.
DISCUSSION
A. Background
In order to construct the Nogales / Avenida Colonia project
in accordance with the plans, it is necessary to acquire
street right -of -way and slope easements at the locations
noted on the map attached as Exhibit 1.
B. Description
The subject deeds are generally described as follows:
1. Lot 20 lFairclothl: This is an easement for street right -
of -way purposes. Consideration included the construction
of an additional driveway apron on an adjacent vacant lot
owned by grantee.
799 Moorpark Avenue Moorpark, California 93021
(805) 529 -6864
Acceptance of Deeds
Avenida Colonia
Page 2
2. Lot 87 (Simen): This is a slope easement needed for the
construction of full street improvements . [Lot 87
formerly known as the Beltran /Ceniceros property, was
recently acquired by the Simens.]
3. _Lot 94 (Simen): This is a grant deed for additional
street right -of -way at the northeast corner of Avenida
Colonia and Nogales Avenue, which is required in order to
construct a street improvements in accordance with the
approved plans. Consideration included payment of $3.50
per sq. ft. (x 310 sq. ft.) for a total amount of $1,085.
Note: As a related matter, the property
granting to the City a temporary ;
permit (Exhibit 2) to allow
Contractor to occupy certain addit
on Lot 94 during the construction
improvement project.
C. Summary
owner is also
Right of Entry
the City's
ional property
of the street
The owners of the affected properties have signed the original
documents which are on file with the City Clerk (copies
attached) . It is now appropriate for the City Council to accept
these offers of dedication.
Staff recommends that the City Council take the following
actions:
1. authorize the City Clerk to execute a "Certificate of
Acceptance" for the subject documents and forward same to the
County for recordation.
2. approve the temporary Right of Entry Permit for a portion of
Lot 94 and authorize the City Manager to execute same.
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3492
JUL 061988
CITY OF MOORPARK
Assessor's Map Bk.513 Pg. 03
1R_2 GHT (:),F ENTRY
I /We, Anthony W. Simen & Yolanda M Simen, the owners of the
subject property, do hereby grant permission to the City of
Moorpark, a municipal corporation of the State of California,
its agents or representatives, the right to enter upon the
property located at 726 Nogales Avenue in the City of Moorpark,
County of Ventura, the description of which is contained in
Exhibit A attached hereto and made a part hereof by reference,
for the purpose of constructing street improvements adjacent
thereto.
The City of Moorpark agrees to indemnify and hold harmless
Anthony W Simen & Yolan a K Simen, the owners of the subject
property, from any liability arising out of the City of
Moorpark's use of the property pursuant this Right of Entry.
This City of Moorpark further agrees to repair any damages
caused by the use of the property by the City of Moorpark or its
agents or representatives, at the sole cost and expense of the
City and /or its agents or representatives, and to restore said
property as nearly as practicable to the state in which it
existed prior to the use of the property by the City of
Moorpark.
The right granted by the owners of said property to the City of
Moorpark, and its agents or representatives, is personal and the
City of Moorpark agrees not to assign, transfer, lease pledge,
surrender or otherwise dispose of its Right of-Entry without
the prior expressed written approval of the owners of said
property. No right to enter existing buildings or alter them is
conveyed by this instrument.
This Right of Entry shall expire upon completion of the
construction of the City's street improvement project and in any
event no later than unless extended
by agreement between the owners of the property and the City of
Moorpark.
DATED:
Owner of Property
Owner of Property
By:
The City of Moorpark
City Manager
Exhibit 2 ( 1 of 2 )
R=GHT OF ENTRY
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TEMPORARY 1
CONSTRUCTION 1
PROPOSED R W
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A= 105'32'00" � X LOT 98
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L= 51.57' ,X
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' Exhibit 2 (2 of2)