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HomeMy WebLinkAboutAGENDA REPORT 1991 1016 CC REG ITEM 08ETO: FROM: DATE: SUBJECT: BACKGROUND MOORPARK 799 Moorpark Avenue Mc>or :aarK, California 93021 MEMORANDUM The Honorable C:it [cunc:1 Dirk Lovett, Asst City Engineer October 16, 191+1 ITEM-&- (805) 529 -6864 ..DORPARK. CAUFORNtA City Cou it Meefng of ld I L 1994 ACTION: Certificate of ,Pc eptanc( for an easement deed (PM 3408) Wicks Road improvements were a ondition of development for the subject parcel map. The City a sc required a slope easement of the developer on Lot 1 for futu- widening of Wicks Road. On July 16, 1991, the Council ,_Atnorized that a grading permit for Lot 2 and an encroachment pe mit for improvements to Wicks Rd be issued, with the condition t a'. the letter of credit not be released until the slope ea <em n de-�icati.on on Lot 1 is re- corded. The applicant is requesting that *.he Council approve the certifi- cate of acceptance so that this isement can be recorded. DISCUSSION The City's previous Engineer (Wi ldan 8 Assoc.) has reviewed the legal description for this easement and requested revisions of this description. Upon discuss,(:-) with Willdan it was determined that the legal description was o mi) l et e and ready for recorda- tion. The attached legal description a �d nap are in a form acceptable to be recorded by the City. RECOMMENDATION Direct the City Clerk to execute he Certificate in behalf of the City for the recordation of th( ub)ect slope easement on Lot 1 of Parcel Map 3408. Attachments: Exhibit "A'' Exhibit "13" Application for recordatio f easement Certificate of acceptancF N LAVJRASCN JR BE M. PLHE7 S' ^'T M;i ,( �. � J7 E TALLEV JR Mayo` Mayor P": .f,,n �,.ru —C r ( venal eTber JOHN E WOZNIAK Councilmember MOORPARK 799 Moorpark Avenue Mc ,)rpark, California 93021 (805) 529 -6864 CERTIFICATE JT_ACCEPTANCE NOTICE IS HEREBY given by the ity of Moorpark in the County of Ventura, State of California, a follows: 1. That on the 16th day of October, 1991, the EASEMENT DEED from William R. and Cassandra Denny was accepted by the City Council of the Cite o" Moorpark. 2. That the name of the polit cal subdivision accepting said EASEMENT DEED is the C::it.y of Moorpark, in the County of Ventura, State of Calif(:)rn_a, whose address 799 Moorpark Avenue, Moorpark, Calif ox r a 133021.. 3. That the City Clerk of the City of Moorpark is authorized to accept and consent to the ecordation of any deed or grant conveying any interest in :,r easement upon real property to said City which the City ("':suncil has approved pursuant to Resolution No. 85 -163 whx.( :.. was duly recorded with the County Recorder of Vent u: C .i -nt.y I t y ()f Moorpark �Lllian Kellerman, City Clerk W LAWRASON JR BERNARDO M PEPEZ SC077 M_)t, SOKOE 3y POY E TA' LEti JR JOHN E WOZNIAK Klavo, May<), V— 'ern C c ir Coin.: :memo, CouncdmemCer EXHIBI L "N" LEGAL DES, :.RIPTION THAT PORTION OF PARCEL 1, PARCEL MAP NO. 3408, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN BOOK 32, PAGES 98 AND 99 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY W7PHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT THE NORTHWEST CORNET, OF SA--,..D PARCEL 1; THENCE 1ST: SOUTH 0 002'00" EAST 145 (1 FEET THENCE 2ND: NORTH 43 °00100" EAST 20v 0 -EE'' TO THE EASTERLY LINE OF PARCEL 1; THENCE 3RD: NORTH 12 058'57" WEST 52.1,. FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1, AIl.) NORTHWESTERLY CORNER BEING A POINT ON A CURVE MN THE SOUTHERLY LINE OF WICKS ROAD, A PUBLIC STREET, 60.00 FEET WIDE, AS SAID STREET IS SHOWN ON SAID MAP, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 770.00 FEET, A RADIAL LINE OF SAID CUR',7E `C'0 SAID POINT HAVING A BEARING OF NORTH 20" 25' (E ' W;I-:ST; THENCE 4TH: ALONG SAID CURVE AND SOt1TtiERLY LINE THROUGH A CENTRAL ANGLE OF 4"50'54" AN ARC: ENGTH OF 65.16 FEET; THENCE CONTINUING ALONG SAID SC)t" 'HERL`� ,INE AND TANGENT TO SAID CURVE 5TH: SOUTH 64`44'00" WEST 7•I FEET 'O THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION !F THE ABOVE DESCRIBED PARCEL OF LAND SHOWN ON SAID MAP AS "SI.O'E EASEMENT TO THE COUNTY OF VENTURA." THE AREA OF THE ABOVE PARCEL OF L,.NI1 IS ,4,118 SQUARE FEET MORE OR LESS. �f / Q4,1 PREPARED BY: �OFESS /p4 H01" m uJ No. 24769 rn Exp. 12 -31-92 DANNY . HOLMES, R.C.E. 24769 �� - — sT CND �P LEGEND: /A = Slope Easement - City of Moo ,T 'K per P.M. No. 3408 - shown <is "Slope Easement to Co. of Storm Drainage Easement as shown, on P.j',I- "Jo. 3408 0) PREPARED BY: PARCEL a KD 340E t,-- c1 1 qcj 0\ l REGORGING REOUESIEO Hv AND WHEN RF_OROE;) MAq ? tNarne Street Holmes Enterprises Inc Address 2710 W Kelly Poad City states Newbury Park, CA L Gode 91 320 d, PH Jf " ; I ,E OR RECORDER S USE— EASEMENT THIS AGREEMENT i$ mace on: elered into tni - -- — - day of _- __ tw arc oer,•..r r 1 am n Denny and Cassandra Denny — - - -- - -- Nnose �dc 253 ress is r Parr Street, Camarillo, California (hereinafter callen ;r,ntor ill City oC ) r vhose address is Mo- ,orpark :svernie, Moorpark f ,rca r - ihereinaf(er ca: etc "Grantee'�, WITNESSETH WHEREAS the Grantor owns ans has fee s:mp:e !lic c: 31 ), ce f ea property locates In the City of Moor -ark ant.0 r a State of California Here msen rga desc or on , lire i - egal , r a nrroenr of Tat dcriorr rerr I 5 �'id I ws Lot 1 of Parcel Map 3408 ,r Q',' of way or ngnl =: dewed by the Sranleel AND WHEREAS. the Grantee desires to use said real pro.)en� Inc' of Ipo�t o 'Ilnsert Pere nature and lyoe of easement r,gnl 01 ay or right desne 1 1, , , Grading for road right -of -way _ rev me,nt NOW, THEREFORE. it is hereby agreed between the parts , s 'c ow The Grantor does hereby grant, assign and set over to th, (, al 'Insert here nature and lype of easement, gnrof -way or rlgr- Grainer 1.,. r .':qr, : air ponron thereof Slope easement per attached t Except as IO the rights granted herein the Grantor shall conllnr,e property. The Grantee hereby agrees to hold and save the (Ira, r arising from the use. possession and occupancy of the rea r�r =. ave the tuil use occupancy and enjoyment of said real 3rm,ess from any and all claims. Ilabllily and damages is ern Trait -d no hereby furlher agrees to pay for any and all damage or damages which may occur to the real p oFr v, d r 411 is ot't e Grantor or er person Of properly through Grantees use, occupation and possession of th' -E dl ':pe!'y )r the r cols herein granted e TO HAVE AND TO'HOLD card easement. right and right -o e Ir7nn'ee s successors or assigns for a period of � subject to the tollowing specific cendtlions and restnctlr) 1, - -- - None This agreement shall be binding upon and Inure to t,e e - administrators, executors. successors and assigns e "artt Hereto, and their respective heirs. IN WITNESS WHEREOF, the parties hereto have executed ht n . Nmr "nt rnri�s Erv� day of r � on r� II n - _ STATE OF CALIFORNIA COUNTY OF On this kL- lay f Y - tr"- i _ and for said Stale. personally appeared J l Q.l year oebr.re me . the undersigned, a Notary Public in " known personally to me for proved to rip 1n the oasis of sanSfaC!:1 - to the within instrument ,rid acF now ear. eo fn me that he _. e -nose name -_ - ,__ —__ subscribed WITNESS my hand and othaal seat OFI'IC1,1L SEhL ANNETTL r'RTIZ e corr.rw c r, My L1 vt Como v es Jul '. ',92 p i Jotary P ac in and for said Slate STATE OF CALIFORNIA 1j COUNTY OF_ -__ J 5. On tors _— - -- 0,,y of - - - - -- and for said Stale personauv aef -- me. the undersigned, a Notary Public to appeared Personally known to me for proved to me or the oasis of satrsl3Clo, r4 e 10 the within instrument 3n . MI ack nOw'�20i]ed 0 e hi ""S(- nhcde name_ - -- - Su OSCrtped to me that WITNESS my hand and otter 3[ sear ft eseCUted by 7 Co'co,inion the Cotporition Form and for S3:o State 1 ;: 4;;tr'0.iedgTol must be uled 1111