HomeMy WebLinkAboutAGENDA REPORT 1993 0217 CC REG ITEM 08ETO:
FROM:
DATE:
AGENDA REPORT
The Honorable City Council
^•IFOR�
ITEM-IF
Z 19; 3
AC d:
By
Kenneth C. Gilbert, Director of Public Works
February 10, 1993 (Council Meeting 2- 17 -93)
SUBJECT: Consider Approval of Certificate of Acceptance of
a Deed for Surplus Caltrans Property on the South
Side of Los Angeles Avenue west of the Freeway
Overpass (La Falda).
OVERVIEW
This requests approval of a Certificate of Acceptance for the
Deed to the subject surplus Caltrans property.
DISCUSSION
A. Background
1. The subject property was apparently a part of lands
acquired by Caltrans for the construction of the
freeway connector project. once the ultimate right -of-
way needs were set, it was determined that the subject
property was no longer needed and the property was
declared surplus.
2. In December of 1990, the City first received an inquiry
from Caltrans regarding the City's interest in
acquiring the property. In February of 1991 the City
Council directed staff to send a letter of interest to
Caltrans. Upon receipt of that letter, Caltrans
ordered an appraisal and other documents in preparation
for more substantive negotiations.
3. In May of 1991, the City was notified that Caltrans'
offer had been withdrawn. They stated that it was
their intent to exchange the property for rights -of -way
being acquired elsewhere.
4. The City then became aware of the proposed auction of
the subject property. Staff contacted Caltrans
regarding the proposed sale of the property in light of
the withdrawal of their offer of the property to the
City. Caltrans then withdrew the property from the
list of properties being auctioned.
lafelde3
La Falda Acquisition
Page 2
5. In September of 1992, the City received another offer
from Caltrans. In October, the City Council directed
staff to proceed with acquisition efforts.
6. Prior to proceeding with the acquisition, staff
investigated a number of questions and concerns
regarding the property. These matters were
satisfactorily answered by Caltrans.
7. Last month the Acquisition Agreement and a check in the
amount of ten per cent (10 %) of the purchase price was
forwarded to Caltrans.
B. Property Description
1. Location: The subject property is located on the south
side of Los Angeles Avenue just west of the southbound
freeway overpass. The subject property and the
adjacent future street (discussed below) are shown on
Exhibit 1.
2. Size: The size of the parcel is approximately 13,552
s.f. (0.3 acres), including a slope easement, measuring
approximately 90' x 1501.
3. Zoning Designation: M -2
4. Current Use: The property is now being leased from
Caltrans by the adjacent property owner (Red Iron
Fabricators) on a month -to -month lease.
5. Flood Zone: The elevation of the entire property is
significantly lower (six to ten feet) than the
elevation of the street. A cursory review of the Flood
Zone maps indicates that all, or almost all of the
property is within Zone A (one hundred year storm flow
area).
6. Purchase Price: The property is being offered for sale
by Caltrans at the appraised value of $84,900.
C. Property Acquisition Documents
The City has received a number of documents from Caltrans
relating to the subject property transfer. These
documents are attached as Exhibit 2.
lafald&3
La Falda Acquisition
Page 3
D. Certificate of Acceptance
Caltrans has requested that the City approve a Certificate
of Acceptance for the subject property prior to submittal
of the proposed sale to the California Transportation
Commission for approval.
RECOMMENDED ACTION
Staff recommends that the City Council authorize the City Clerk to
sign a Certificate of Acceptance for the subject parcel and
direct the City Clerk to forward same to Caltrans for
approval and recordation with the Deed.
lafalda3
4A
of
1.0
............
STATE OF CALIFORNIA SUSINESS AND TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 120 SO. SPRING ST.
LOS ANGELES, CA 9001:
TDD 12131 6203550
February 2, 1993
Kenneth C. Gilbert
Director of Public Works
799 :Moorpark Avenue
:1oorpark, Ca 93021
Dear Mr. Gilbert:
a-%W 2. (( A a)
PETE IVI(SON, Gove-o,
R�C> ivr- �
FEB 4 IT-13
7- Ven- 118 -18.2
DD 045882- 01-01
The preparation of the Director's Deed has been comple-ed
and I am mailing you a copy for the City's review and acceptance.
Included with the Director's Deed is a Statement of Condition of
Title. Although the title is somewhat dated, it should provide
a good representation of the condition of title. Upon receiving
the Certificate of Acceptance from the City of Moorpark with the
City's official seal, the sales transaction will be submitted to
the California Transportation Commission (CTC) for approval.
Once authorization is received from the CTC, a demand will be
made for the remaining balance of the purchase price. The
Director's Deed will then be recorded.
If you should have any questions, please call me at the
number listed below.
Sincerely,
DAVID LACKMAN
Right of Way Agent
Excess Land Sales
(213) 897 -4799
DL: ca
Enclosures
2 Zo�B
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
WPE: SMITH 11 -27 -91 S'ly of Los Angeles Ave.,W'ly of Rte 118
ritten by: AM Checked by : RS DISTRICT COUNTY ROUTE POST MILE i NUMBER
P Disk,#3 jy
DIRECTOR'S DEED
07 VEN ! 118 18.2 ! JD 045882 -01 -01
I
The STATE OF CALIF011NIA, acting; I)v and through its Director of Transportation. does hereby grant to
Fwy.
all that real property in the
Ventura
Counh• of
City of Moorpark
State of California, described as:
Those portions of Lots 52 and 53 of Colonia Virginia Tract,
as shown on map recorded in Book 19, page 29 of Maps, in the
office of the County Recorder of said county, described as
follows:
Beginning at the Northwesterly corner of said Lot 52; thence
along the Westerly line of said Lot 52, S 00 34' 4711 W, 152.68
feet to the Southwesterly corner of last mentioned Lot; thence
along the Southerly lines of said Lots 52 and 53,
S 890 25' 13" E, 90.00 feet; thence along a line parallel with
said Westerly line N 00 34' 4711 E, 148.47 feet to the Northerly
line of said Lot 53; thence along said Northerly line and the
Northerly line of said Lot 52, N 860 44' 4011 W, 90.11 feet to the
point of beginning.
STATI-All-'A"I'S TO
FORM RW 02 -19 (REV. 8-82)
2 (340
There shall be no abutter's rights of access appurtenant to
the above- described real property in and to the adjacent State
Freeway.
RESERVING unto the State of California, its successors and
assigns, an easement for slope purposes in, on, over, across and
upon that portion of the hereinabove described parcel of land,
described as follows:
Beginning at the Northerly terminus of that certain parallel
course described above as N 00 34' 47" E, 148.47 feet; thence
along the Northerly line of said Lot 53, N 860 44' 40" W, 5.00
feet; thence S 210 08' 08" W, 42.72 feet; thence
S 9° 50' 11" E, 110.53 feet to the Southerly terminus of above
mentioned parallel line; thence along said parallel line
N 0° 34' 47" E, 148.47 feet to the point of beginning.
ALSO PROVIDED, however, that the grantee, his successors or
assigns shall have the right at any time to remove or alter said
slopes and /or portions thereof, upon providing in place thereof
adequate lateral support, the design and construction of which
shall be approved by the City of Moorpark.
EXCEPT all coal, lignite, coal oil, petroleum, naphtha,
asphalt, maltha, brea, natural gas and all kindred or similar
minerals, or mineral substances which now exist or at any time
hereafter may exist upon, in or under said land, together with
the rights incidental thereto, as reserved by Simi Land and Water
Company in deed recorded November 16, 1889 in Book 29, page 314
of Deeds.
ALSO EXCEPT from Lots 52 and 53, the interest conveyed to
Ventura County in deed recorded October 8, 1900 in Book 67, page
379 of Deeds.
This real property description has been prepared by me, or
under my direction, in conformance with the Professional Land
Surveyors Act.
Signature LAND
Licen ed Land Surveyor
Date /z - c'�� -�! ROY DONALD SMITH 1
* No. LS 4243
Exc. 6-30-92
\JF aLj�
&x ',� A 2 (4 oV 2
Sithject to special assessments if any, restrictions, reservations, an,i casements of record.
This conveyance is executed pursuant to the authority vested in the Director of "l'!- ,mslX,rt,ition t,\ law
and, in particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the Statc• of Ca'iforr,:,, this
day of
S'L'ATE OF CALIFORNIA
DEPARTMENT OF TRA \SPORTA I'lON
Director of Transportation
M.
STATE OF CALIFORNIA
COUNTY OF SACRAMENTO ss.
Attorney in Fact
On this day of in the year 19—, before me
a Notary Public in and for the State of California, residing therein, duly commissioned and sworn,
personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name iS subscribed
to this instrument as the Attornev in Fact of
Director of Transportation of the State of California, and that he (she) subscribed the name of
as Director of Transportation, and hi_ (her)
own name as Attorney in Fact, and that the State of California executed the same.
WITNESS my hand and official seal.
Notary Public
THIS IS TO CERTIFY That the California
Transportation Commission has authorized
the Director of Transportation to execute
the foregoing deed at its meeting regularly
called and held on the
day of
the City of
19_ in
Dated this day of . 19.
85 37401
DEPARTMENT OF TRANSPORTATION - DISTRICT 07 �fll�'b•1 L �s°d�,
BIGHT OF WAY ENGINFEtiRT]i6
APPENDIX "B•
07 -VEN- 118 -18.2
Parcel No. 045882 -01- 01(45882)
STATEMENT OF CONDITION OF TITLE
The fee title to the parcel of land to be conveyed is vested in the
STATE OF CALIFORNIA free and clear of all encumbrances except:
A. 1. Easements or liens which are not shown by the public
records (a) of the District Court of the Federal
District, (b) of the county, or (c) of the city, in
which said land or any part thereof is situated;
2. Rights or claims of persons in possession of said land
which are not shown by those public records which
impart constructive notice;
3. Any fact, rights, interests, or claims which are not
shown by those public records which impart
constructive notice, but which could be ascertained by
an inspection of said land, or by making inquiry of
persons in possession thereof, or by a correct
survey;
4. Mining claims reservations in patents, water rights,
claims or title to water;
5. Any governmental acts or regulations restricting,
regulating, or prohibiting the occupancy or use of
said land or any building or structure thereon.
B. The effect, if any, of the following liens, encumbrances, defects
and other matters, to which said title is subject:
See Attached Sheet
7 -RE -65
Aug 85(Rev.)
io
i
I
I'
SEC %G. �' S� 'ZS L -01-0i
Rw- 07 -VEN- 23,12.2
No. 45880 - Andersen
i sac -
fond title Assouol ^n
Cow'age P01ky -1963
SCHEDULE A
Premium $ 6 7. 5 0
Effective
Amount $7,000.00 Date November 18, 1 971, at 8:00 a.m. Policy No. 2371b8
I N S U R E D
STATE OF CALIFORNIA
dw
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
STATE OF CALIFORNIA
Q. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
PART I
1. Taxes or assessment& which are Dot shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
z Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by mating inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in Imtents or in Acts authoriring the issuance
thereof; water rights, claims or title to water.
G
,<
1;11. A.I.cWt-
...p. ►.I; 1963
wrtittu,�l
i',rl•r II
1. An easement affecting all of said land for the purposes stated
herein, and incidental purposes,
In Favor Of: The Pacific Light and Power Corporation
For pole lines
Recorded May 23, 1914, in book 142 page 423 of Deeds
Said deed provides that the poles of said line shall be erected
on other land.
2. An easement affecting all of said land for the purposes stated
herein, and incidental purposes,
In Favor Of: Moorpark Mutual Eater Company
For water pipelines
Recorded September 18, 1914, in book 144 page 251 of Deeds
3. The right to develop water by wells or tunnels and necessary
rights of way on the south half of the southwest quarter of the
northwest quarter of Section 3, Township 2 North, Range 19 West,
Rancho Siam, as granted to Percy L. Wicks by deed dated April 1,
1915, recorded in book 145 page 421 of Deeds.
4. A deed of trust to secure an indebtedness of the amount stated
herein and any other amounts payable under the terms thereof
Dated August 20, 1963 !
Amount $ 500.00
Trustor Clement Paul Andersen and Florence M. Andersen,
husband and wife
Trustee Security Pacific National Bank, a corporation
Beneficiary Della France, a widow
Recorded October 22, 1963, in book 2413 page 402 Official
Records
Instrument No.: 62230
Said Matter Affects: Lot S6
S. An easement affecting the portion of said land and for the
purposes stated herein, and incidental purposes,
In Favor Of: Southern California Edison Company
For pole lines
Recorded May 2, 1964, in book 2545 page 163 Official Records
Affects a strip of land, 2 feet in width, the centerline of
which is described as follows:
Commencing at a point in the westerly line of Lot
52, distant southerly along said westerly line, 60
feet from the southerly line of Los Angeles Avenue,
60 feet wide: thence easterly, a distance of 30 feet.
CITY OF MOORPARK
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LOS�I ANGELES AVEI NEW
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PARCEL N0.
045882 -01 -0; (45882)
COLONIA VIRGINIA TRACT
M. B. 19 - 29
0
M n
0 POB N860 44' 40" W
9 0. 1 1
54
(50')
90.00'
° LA FALDA S89° 25' 13' E
20'
SLOPE EASEVENT
AREA =1585 SF
Ivi O rn
10.00'
0
55
(50')
AVE
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Ir
I INTERSTATE 22
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION- DISTRICT 07
PLAT ACCOMPANYING SCALE: NONE
DIRECTOR'S DEED DD 045882 -01 -01 DRWN: LG CHKD:WP
DATE:II -27 -91
REF. MAP: F 1 606 - 1 1 CADD:D30
3--
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I
4o'
6 ,
2
I w
50 51
± t
;`'
13,552 SF �
52 53
co
045882
-0i -01 `"
t
°
54
(50')
90.00'
° LA FALDA S89° 25' 13' E
20'
SLOPE EASEVENT
AREA =1585 SF
Ivi O rn
10.00'
0
55
(50')
AVE
c
Ir
I INTERSTATE 22
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION- DISTRICT 07
PLAT ACCOMPANYING SCALE: NONE
DIRECTOR'S DEED DD 045882 -01 -01 DRWN: LG CHKD:WP
DATE:II -27 -91
REF. MAP: F 1 606 - 1 1 CADD:D30