The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2007 0606 CC REG ITEM 09F M I . F- CITV pity ft men Wmitlog of -�-�001 ACTION: A e a-.— MOORPARK CITY COUNCILBX AGENDA REPORT TO: Honorable City Council FROM: Yugal K. Lail, City Engineer DATE: May 30, 2007 (CC Meeting of 6/6/07) SUBJECT: Consider Proposed Settlement Agreement to Provide for Access to Tract No. 5147 (AB Properties) BACKGROUND/DISCUSSION Tentative Tract 5147 (AB Properties) was approved by City Council on March 15, 2000, and is a 34.5-acre industrial subdivision development project located approximately 1 ,300 feet west of Gabbert Road, north of the Union Pacific Railroad right-of-way, and is identified by tax roll purposes as APN 500-34-22. Tentative Tract No. 5147 created 17 industrial lots, 1 lot for conservation easement, and 1 lot for landscaping purposes. Currently a 40-foot wide private access easement abutting Gabbert Road and extending westerly over Hitch Ranch per document number 2001-0012562-00 recorded on January 18, 2001 , provides access to Tentative Tract 5147 (Attachment 1). The developer of this property is conditioned to provide public access for this development, and the private access easement, as provided, is insufficient. As such, the developer is required to provide the City public access easement prior to recordation of Final Tract Map 5147. On March 21 , 2007, the City Council approved the Final Map for Tract 5147. It was determined later that the access easement was not for public purposes. It is recommended that a settlement agreement between the City and AB Properties be used as an instrument to guarantee the procurement of the necessary public access easement. The Settlement Agreement, as proposed, will allow the map to record, but prohibit the sale or transfer of any of the 17 industrial lots to other parties until the access rights have been obtained. This will allow AB Properties to obtain its construction financing. If AB Properties fails to obtain the necessary easement, the City would proceed to acquire it at AB Properties' sole cost. The City will be reimbursed for all of its costs related to both the proposed Settlement Agreement and if the City must act to acquire the easement. 011iI y2 Honorable City Council June 6, Meeting Page 2 STAFF RECOMMENDATION 1) Accept the Settlement Agreement with AB Properties, subject to final language approval by the City Manager and City Attorney. 2) After execution of the Settlement Agreement, direct the City Clerk to send the Final Map for Tract No. 5147 for recordation. ATTACHMENTS: 1) Access easement 2) Proposed Settlement Agreement 52 OF THE SOUTHERLY LINE OF LOT 54 OF THE SOUTHERLY LINE OF LOT 56 OF THE �+ RECORDED IN 13 0 12 VALLETTE TRACT PER MAP RECORDED IN VALLETTE TRACT PER MAP RECORDED IN 10 ATTACHMENT N E 41 11 BOOK 3, PAGE 41 BOOK 3, PA W 5890.68' ---------------- ----- ----------------- -------------------- 1320.955' 1320.955' L", NORTHERLY LINE OF THE SOUTHEAST d o U) z QUARTER OF SECTION 6, T2N, R19W, 'PR�VF�Y ,gCCE55 15 IpRovtDED RANCHO SIMI B VIA A GRANT DEED RECORDED AT I z O w N89'53'53"W <w 3 A 3D 340.00' o VENTURA COUNTY AS DOCUMENT 1478S Li _ co ON MARCH 22, 1968 AND VIA A 6RANT 3 _ C 50' DEED RECORDED AT YCNIUkk GOUNTY A )OCUMIENT 200\-0017562- 00 ON o o ' B O JANUARY 18, 2001, who o N Z = w S O O N(n U N 1 crf zv~iN - ow O M f .7 '_! - "" ' 17 j i" j� LLLJ� N co � N 6 p6, 6 '- -'' � ; 6 36 E�0 C7 RECORD, & 2g5 pp 3280, / `N° w �4�88 20'- - PAGE 2"26' R A' g9.6(3 co Li w I O J Z o w o V � °o cn 9 2 v N Z u c~a No O rn OZ % Z w a r Z w s O _ I tn Z 5 co OpF Jrn W co w cli— m I - — J z z !� ; COMMERCE AVENUE.. I � o n Q N O (ID wo o SOUTHERLY LINE OF ~ I w w v SECTION 6, T2N, R19W, SBM, 'o N C a c w Q RANCHO SIMI I 11 oaf ;I 1 z')n o S, ._ I N.T.S. VICINITY MAP ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City of Moorpark 799 Moorpark Avenue Moorpark, CA Attn: City Clerk Exempt from Recording Fees Govt. Code section 6103 SETTLEMENT AGREEMENT AFFECTING. TRANSFERABILITY OF PROPERTY (Govt. Code Section 27281 . 5) This Settlement Agreement ("Agreement") is made by and between AB Properties , ("AB") and the City of Moorpark ("City") with regard to the recordation of Tract Map 5147 and the property described therein. WHEREAS, AB Properties applied for approval of a subdivision map identified as Tract 5147 (the "Map") for the property described on Exhibit A, attached hereto (the "Property") ; WHEREAS , the Map contemplates access across adjacent property (the "Adjacent Property" described on Exhibit B, attached hereto) and a dispute has arisen between AB and City as to whether or not the existing -1- LA #4816-8708-4033 v1 access rights referenced in the Map are sufficient for the Map; WHEREAS, the parties to this Agreement desire to settle and compromise all claims relating to the Map; NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows : Section 1 NO ADMISSION OF LIABILITY This Agreement is a mutual compromise and is not intended to be, nor shall it be construed as, an admission of liability by any party to any other party. Section 2 AB' S OBLIGATIONS a. AB shall obtain an easement or fee across the Adjacent Property to provide rights (the "Access Rights") equivalent to "A 40 . 00 foot wide non-exclusive appurtenant easement for public access road, emergency access and utility purposes, described in Exhibit "A" attached hereto, over Grantor ' s real property, described in Exhibit "B" attached hereto, for the benefit of the real property described in Exhibit "C" attached hereto, including any future subdivided portions thereof, all three Exhibits being made a part hereof . Said easement to run with the land in perpetuity for the benefit of the owners of the real property described in Exhibit C and their successors in interest. " LA #4816-8708-4033 v1 -2- Exhibit A describes the location of the easement, Exhibit B describes the Adjacent Property and Exhibit C describes the Property. AB may request alternate language, provided such is acceptable to the City Engineer and City Attorney. Should AB be unable to obtain the Access Rights , AB may request in writing that the City acquire same on behalf of AB at AB' s cost . AB shall reimburse all of City' s direct costs including staff time plus fifteen percent ( 150 ) for any consultant costs including, but not limited to attorneys, appraisals, engineers and land surveyors ; provided, however, that AB shall be required to enter into an offsite property acquisition agreement with the City prior to the City undertaking any effort in that regard. b. Prior to recordation of this Agreement AB shall pay City for its costs for preparation and review of this Agreement plus fifteen percent ( 15% ) for attorney fees . Section 3 . CITY' S OBLIGATIONS a. Upon execution of this Agreement by all Parties hereto City shall cause the Map to be recorded. b. If AB requests the City' s assistance in writing to acquire the Access Rights, City agrees to commence proceedings to acquire same; provided, however, that AB has entered into an offsite property acquisition agreement with the City and provided further that the City' s decision to adopt a resolution of necessity for acquisition by eminent domain shall be in the LA #4816-8708-4033 v1 -3- (.i�s�i ��' i r� City' s sole discretion and that a decision to not adopt such a resolution shall not be a breach of this Agreement. In the event City does not adopt a resolution of necessity for acquisition, alternative access, acceptable to City shall be acquired. C . City agrees to record such documents as are necessary to remove the restrictions on transferability set forth in this Agreement after AB has obtained the Access Rights . Section 4 . RESTRICTIONS ON TRANSFERABILITY AB agrees that it shall not transfer the Property or any portion thereof unless and until it has obtained the Access Rights . This restriction shall be binding on successors in interest to AB, and City may seek to invalidate any transfer in violation of this restriction. AB understands and agrees that this restriction shall be recorded against title to the Property and be enforceable by the City. Section 5 . SCOPE OF CLAIMS RELEASED Except as set forth in this Agreement, and subject to the obligations created or continued by this Agreement, each party to this Agreement, for itself, and its representatives, predecessors, successors, attorneys , assigns and agents , and each of them, does hereby fully remise, release and forever discharge each party to this Agreement, their representatives, predecessors, successors, assigns , officers, agents, LA #4816-8708-4033 v1 -4- f ;r°+ consultants, directors, stockholders, owners , servants, employees, sureties , insurers, attorneys and affiliated and subsidiary corporations or companies, past and present, and each of them, of and from any and all manner of actions, suits , liens , debts , dues, damages, claims, sums of money, obligations , liabilities, judgments, bonds, executions and demands of every nature, kind and description whatsoever, whether known or unknown, and whether suspected or unsuspected, either at law, in equity or otherwise, which may have arisen under and by virtue of the laws of any jurisdiction, which any party to this Agreement has had or claims to have had or now has or claims to now have in connection with the Map. Each party expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code, which provides as follows : "A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor. " Section 6 . ATTORNEYS' FEES In the event that any suit, arbitration or proceeding is brought to enforce, construe, interpret, rescind or cancel this Agreement or any of its provisions , the prevailing party shall recover against the other party or parties all of its actual LA #4816-8708-4033 v1 -5- attorneys fees and costs incurred in connection with such action, arbitration or proceeding, including any appeals . Section 7 . CALIFORNIA LAW The parties hereby agree that this Agreement is made, executed and entered into and is intended to be performed within the State of California, and that this is a California agreement that is to be construed as such under California law. Section 8 . CONSTRUCTION OF AGREEMENT The parties agree that this Agreement was jointly prepared through negotiations of the parties and the provisions of the Agreement are not to be strictly or liberally construed for or against any of the parties . Section 9 . ENTIRE AGREEMENT This Agreement contains the entire agreement and understanding among the parties hereto and supersedes and replaces all other prior negotiations, proposed agreements and agreements, written and oral. The parties further declare and represent that no promise, representation or agreement not herein expressed has been made. Section 10 . AMENDMENTS No amendment, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the parties to be bound thereby. Section 11 . COUNTERPARTS AND FACSIMILE SIGNATURES LA #4816-8708-4033 v1 _6_ The parties agree that this Agreement may be executed in counterpart and that each fully executed copy of this Agreement shall have the same binding force and effect as an original. The parties further agree that facsimile signatures shall have the same force and effect as original signatures . Section 12 . EFFECTIVE DATE OF AGREEMENT This Agreement shall become effective on the date the Agreement is signed by the last party to sign the Agreement. DATED: AB By: Signature Name: (print) Title: (print) DATED: CITY OF MOORPARK By: STEVEN KUENY, City Manager LA #4816-8708-4033 v1 -7- EXHIBIT A LOCATION OF THE EASEMENT LA #4816-8708-4033 vl -8- R-.,"7r EXHIBIT B ADJACENT PROPERTY DESCRIPTION LA #4816-8708-4033 vl -9_ Exhibit C PROPERTY DESCRIPTION LA #4816-8708-4033 vl -10- 0 G