HomeMy WebLinkAboutAGENDA REPORT 2009 0121 CC REG ITEM 10DMOORPARK CITY COUNCIL
AGENDA REPORT
O ♦ "b's
City Council Meeting
of
ACTION:__ sr� s
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer /Public Works Director
DATE: December 29, 2008 (CC Meeting of 01/07/09)
SUBJECT: Consider Quitclaim of City Conservation Easement over Ventura
County Watershed Protection District's Detention Basin Lot P of
Tract 5187 -1
BACKGROUND
Tract 5187 is a 248 unit single family Residential Planned Development (RPD 1999 -02)
located west of Walnut Canyon Road and approximately one -half mile north of Casey
Road as shown on Attachment 1.
DISCUSSION
As part of the site improvements and recorded tract map for Tract 5187 -1, Lot P of said
map was both dedicated in fee to the Ventura County Watershed Protection District
(VCWPD) as a flood control basin, and as an conservation easement to the City for
permanent conservation, landscape and open space, and restricts activities such as
grading excavation on the subject lot. Development Agreement Item 6.10(c) states that
concurrently with the recordation of the first final map for Tract 5187, Developer agrees
to grant a conservation easement to retain Lot P, (and all other open space lots), in a
predominantly open space condition consistent with Civil Code Section 815 et seq.,
except for intended uses as shown on the Vesting Tentative Map and any Final Map for
Tract 5187. On the Vesting Map, Lot P was intended to be used for flood control
purposes; and on the Final Map it is used solely for VCWPD flood control purposes with
native mitigation landscaping along the upper perimeters of the basin.
Since Lot P is constructed as a flood control detention basin, restrictions as part of the
City conservation easement preclude the VCWPD from activities necessary for proper
maintenance of the flood control basin, such as excavation of deposited silt, gravel and
or sand following storm occurrences. Henceforth, a quitclaim of the City conservation
easement over Lot P is necessary to allow the VCWPD to perform all maintenance
activities necessary for proper functioning of the flood control detention basin.
SAPublic Works \Everyone \Reports \Staff Reports\ 2009\ January\ TR5187_ EsmtQuitclaimVCWPD _Agenda_010709.doc i ,L � 1 00 03 JL
Honorable City Council
January 7, 2009
Page 2
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve the quitclaim of the conservation easement and authorize the Mayor to sign
and the City Clerk to attest and record the quitclaim of conservation easement and the
attachments thereto in the office of the Ventura County Recorder.
ATTACHMENTS
1 — Vicinity Map
2 —Grant Deed of Easement
SAPublic Works \Everyone \Reports \Staff Reports\ 2009\ January\ TR5187_ EsmtQuitclaimVCWPD _Agenda_010709.doc o()003;2
VICINITY MAP NTS
000033
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO
City Clerk
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
No Fee Required SPACE ABOVE THIS LINE FOR RECORDER'S USE
(Gov't Code Sec. 6103 & 27383)
The undersigned grantor(s) declare(s) Assessor's Parcel No: 513 -0 -130 -095
Documentary transfer tax is $0.00 Project No. & Name: Tract 5187 -1, Meridian Hills
( ) computed on full value of property
or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Moorpark, and
GRANT DEED OF EASEMENT QUITCLAIM
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Moorpark, a Municipal Corporation
Hereby QUITCLAIMS to:
Ventura County Watershed Protection District
the following described real property in the City of Moorpark, County of Ventura, State of California:
an easement for permanent conservation, landscape, and open space over that property
described in Exhibit "A" consisting of one page, attached hereto and made a part hereof. Exhibit
"B" consisting of one page is attached for illustration purposes only.
By: Dated:
(signature)
Name: Janice S. Parvin
(type or print)
Title: Mayor
(type or print)
` °s. >0034
Acknowledgment
State of California )
County of )
On
personally
appeared
before me
(here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
'? +x!)35
EXHIBIT "A"
LOT P CONSERVATION, LANDSCAPE
AND OPEN SPACE EASEMENT TO VCWPD
EASEMENT QUITCLAIM
Easement Description
That permanent conservation, landscape and open space easement to the City of
Moorpark over Lot P, Tract 5187 -1, per map recorded in Book 157, Pgs 24 -40 of Miscellaneous
Records (Maps) in the office of the County Recorder of Ventura County, CA
EXHIBIT "B": Attached and by this reference made a part hereof.
a� t � 2'*10
sets
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ExP � /3r /ro
if
M.-10308O MappingV,egalslVCWPD- QuitclaimlVCWPD DRAINAGE QUITCLAIM 12- 17- 08.doc
EXHIBIT "B"
PARCEL BOUNDARY f
,., LOT P TRACT 5187 -1, TRACT MAP, BOOK 157, PAGE 4-40
- ------ - - - - --
N27 36 09 W 26.42' ---- �
(PCC) ` 2
f f
r r X52024'48" R =5.00' L =4.57' f
°'
., °�
r N59'45158"W 1. cl
Vol, 79'52'37 "W o° 1 f f
.,. � ,•- .r-' � 20.00'
'
X12'35'46" X8'05 48 �
R=261.00' � a
R= 353.12 .
,00,/j
L =57.3 1 L= 49.90' .o' 1
S51-4011 ONE 1 p
.l' /' (PCC)
AS,
� X2'15'43' ti v
;tio. R= 1042.00' •�
: �� L =41.14
&3"22'56'
N64634149 "W
R= 548.00
L= 32.35' (PRC)
LOT P N28648'07'E 24.14
.�� TR 5187 -1 •-
� � X6'39'22'
R= 312.00' p
L= 36.25' L -80
h
A105647'02" R =5.00' ��'
....., L =9.23' � *, � Igo. 0383 � �k
80'25'16 "W 11.45'
4, � / 3
l N10'11 13 E
LOT I
28.53 N12'11'28 "E 20.75' N TR 5187 -1 0 ��
14 R -�? .4e,�56 / LOT J
. o
LOT J �8 ?'90' 4'�� �62�, ' ' TR 5187 -1
TR 5187 -1 R,96•o�
~ + , GRAPHIC SCALE 1 =100
MERID1q
_.. N HILLS �
- DR. 0
oj
ng •
,�
CURVE TABLE
CURVE RADUIS (Fl) DELTA LENGTH (FIB
meenng
C1 5.00 159'44'05" 20950 W►o w Cm
50 100 200
13.94
C2
106.00
3474'470
63.67
50 100 200