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Home My WebLink AboutAGENDA REPORT 2007 1107 CC REG ITEM 10O ffEM o. O . air Yv:�.s'�e°i P"d-ty�•r',, "-t, ' City Council Meeting mf. /-1=°Zoo 7 ACTION: _._. MOORPARK CITY COUNCIL BY. AGENDA REPORT TO: The Honorable City Council FROM: Yugal K. Lail, City Engineer/Public Works Director DATE: October 31, 2007 (CC Meeting of 11-07-07) SUBJECT: Approve Granting of Easement Deeds on Grimes Canyon Road to the County of Ventura and to the Ventura County Waterworks District No. 1 DISCUSSION A. Bridge Damage/ Repair Grimes Canyon Road, along the westerly city limit line, is entirely outside the City and is thus a County road. A few years ago, the County-owned bridge, located south of Championship Drive, was damaged by high stormwater flows. There have been past efforts and there are proposed future efforts by County agencies, to restore facilities damaged by these storm waters. B. Waterworks District The Ventura County Waterworks District No. 1 ("District') owns and maintains a reclaimed water distribution line serving the area. Prior to the above mentioned storm damage, that water line had been hung from the bridge. Subsequent to the storm damage the District opted to place the water line under the river along the west side of the road and bridge. Using emergency reconstruction methods and procedures, the District constructed the new reclaimed water distribution line along the east side of the County road, on property entirely or partially owned by the City. The City property in question is in the vicinity of the equestrian staging area located at the southwest comer of Moorpark Country Club Estates (Tract 4928). This emergency work proceeded with the understanding that easement documents would be processed at a later date. The District prepared and presented to the City, an easement deed (Attachment 1) for this relocated facility. The processing of that request had been delayed in order to clarify deed language regarding the City's prior rights to the property underlying the requested easement. SAPublic Works\Everyone\Staff Reports\2007Wovember\Grimes Deeds to County.doc Honorable City Council November 7, 2007 Page 2 C. County of Ventura (Transportation Department) The County of Ventura ("County") Transportation Department is proceeding with plans for the construction of a new bridge at the site of the above mentioned damaged bridge. The County's plans include the construction of bridge abutment and stream bank improvements required to protect the new bridge. Those improvements are to be situated outside of the County's road right-of-way. The facility protection improvements to be constructed on the east side of the bridge (downstream side) are to be constructed within the above mention city-owned property near the Country Club Estates equestrian staging area. The County has requested that the City grant the County an easement (Attachment 2), for the placement and maintenance of these bridge and stream bank protection improvements. STAFF RECOMMENDATION Approve the granting of the subject Easement Deeds to the District and to the County, and authorize the City Manager to execute same. Attachments: 1 Reclaimed Water Easement Deed 2 Grimes Canyon Road Easement Deed SAPublic Works\Everyone\Staff Reports\2007\November\Grimes Deeds to County.doc f y Attachment 1 Recorded at the request of and Return to Public Works Agency Real Estate Services Division A. P. # 502-0-090-035 Instrument # 109.1 E No Fee Required (Govt. Code Sec. 6103 & 27383) EASEMENT DEED (Reclaimed Water Easement) FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF MOORPARK, a municipal corporation do(es) hereby GRANT to VENTURA COUNTY WATERWORKS DISTRICT NO. 1 an easement and right-of-way for subsurface water pipeline and related purposes, including by not limited to such surface installations and devices that are appurtenant to said water pipeline in, on, over, under, and across the following described real property in the State of California, County of Ventura:'This easement shall be subordinate to the rights retained by the City of Moorpark in the event that the City of Moorpark should construct improvements on the property. [See description attached as Exhibit "A", attached hereto and made a part hereof] [Exhibit "B", attached hereto and made a part hereof, is attached for informational purposes only] 1 of 2 RW-8 Z Instrument No. 109.1 E RW-51 CITY OF MOORPARK, a municipal corporation Date: By: Steven Kueny, City Manager Grantor(s) APPROVED Steven R. Williams, Manager Real Estate Serivices Division Public Works Agency 20 ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On 20 , before me A Notary Public in and for said County and State, personally appeared personally known to me (or provided 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. WITNESS my hand and official seal. NOTARY PUBLIC in and for said County and State My commission expires on , 24 2 of 2 y I 4. 5 d' EXHIBIT"A" LEGAL DESCRIPTION FOR RECLAIMED WATER EASEMENT In the City of Moorpark, County of Ventura, State of California, being that portion of Lot Q of Tract No. 4928-2 as per map filed in Book 144, Pages 74 through 82, inclusive, of Miscellaneous Records in the office of the County Recorder of said County, described as follows: Beginning at a point on the northwesterly boundary of said lot, distant thereon South 38°33'36" West 25.98 feet from the northerly corner of said lot; thence SOUTH 48.13 feet to a line parallel with and 30.00 feet southeasterly, measured at right angles, from said northwesterly boundary; thence along said parallel line South 38°33'36"West 132.51 feet; thence South 83°33'36" West 42.43 feet to said northwesterly boundary; thence along said northwesterly boundary North 38°33'36" East 200.15 feet to the Point of Beginning. As shown on Exhibit"B" attached hereto and by this reference made a part hereof. LAND - \ V� Rory ry S. Williams O � Rory illiams,L.S.No.6654 Exp.12/31105 License Expire 7: December 31,2005 No. 6654 Date: `7 7 105- csOF CAS July 26,2005 W.O.1443-13X Page 1 of 1 H&A Legal No.6439 Prepared by J.Lentejas Checked by J. Stablg** 2 EXHIBIT "B" Sketch to Accompany Legal Description P.O.B. Oo CO r�� S s SS, S83°33 36"W 6 0" 42.43' /f ® HUNSAKER & ASSOCIATES EASEMENT I R V I N E I N C RECLAIMED WATER PURPOSES PLANNING - ENGINEERING ■ SURVEYING Three Hughes •Irvine, CA 92618 •PH:(949)583.1010 • FX:(949)5830759 CITY OF MOORPARK,COUNTY OF VENTURA,STATE OF CALIFORNIA DATE: 7-26-05 DAB None BY�J. LENTEJAS Byd T. VO SCALE: 1"=40' W.O. 1443-13X I:\MoorparkCCE\LD\6439\SHT01 .dwg H&A LEGAL No. 6439 SHEE ,1 - Attachment 2 Recorded at the request of and Return to Public Works Agency Real Estate Services Division A. P. # 502-0-090-035 Instrument # R071002.21 E No Fee Required (Govt. Code Sec. 6103 & 27383) EASEMENT DEED ( GRIMES CANYON ROAD ) FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF MOORPARK, a municipal corporation do(es) hereby GRANT to COUNTY OF VENTURA an easement and right-of-way for all the purposes of construction and maintenance of constructed slopes, together with appurtenant drainage structures for the preservation thereof, in, on, over, under, and across the following described real property in the State of California, County of Ventura. This easement shall be subordinate to the rights retained by the City of Moorpark in the event that the City of Moorpark should construct improvements on the property. [See description attached as Exhibit "A", attached hereto and made a part hereof] 1 of 2 RW-12 (Rev. 1 T1Qt RW-51 a ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 20 , before me , a Notary Public in and for said County and State, personally appeared personally known to me (or 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. WITNESS my hand and official seal. NOTARY PUBLIC in and for said County and State My commission expires on , 20 r 0C 2 9 Rev 4/03 RW-51 Instr. # R071002.21 E City of Moorpark, a municipal corporation Dated: By: APPROVED: Steven R. Williams, Manager Real Estate Service, County of Ventura , 20 2 of 2 Rev 2/95 EXHIBIT"A" LEGAL DESCRIPTION That portion of Lot Q of Tract No.4928-2 in the City of Moorpark, County of Ventura,State of California as shown on the map recorded in Book 144,Page 74 of Miscellaneous Records(Maps), in the Office of the County Recorder of said County,described as follows: Beginning at a point on the centerline of Grimes Canyon Road, 50 feet wide,as described in the deed recorded in Book 37,Page 451 of Deeds, in the Office of the County Recorder of said County,distant South 38°33'36"West 582.06 feet from the northeasterly terminus of the 8a'course of said deed,recited as "South 380 West 23.75 chains"and shown as"North 38°33'36"East 1566.87 feet"on the map recorded in Book 53,Page 80 of Records of Survey of said County;thence South 51°26'24"East 25.00 feet to the southerly right-of-way of said Road,being the true point of beginning;thence leaving said right-of-way, 15t) South 11°08'26"East 185.48 feet;thence, 2°d) South 78°51'34"West 138.00 feet;thence, 3`a) North 11°08'26" West 68.45 feet to said southerly right-of-way of said Grimes Canyon Road; thence along said southerly right-of-way, 5`h) North 38°33'36"East 180.94 feet to the true point of beginning. TOTAL AREA: 17,521.18 Square Feet (0.40 Acres) �Q 1AND SU Prepared on May 9,2007 by: 5 MS4 'QG Fo William eagher No. LS 5948 (Expires 12/08) �j` 9 OF Ckv\F � �1101C .. i i i �R• PROPOSED NEW PERMANENT EASEMENT APN 502009003 �`�', APN 502009001 CITY OF MOORPARK 4a `� CALLEGUAS MUN. WATER DISTRICT PROPOSED WORK AREA XIST.R/W 190' ` 18208.831 SF o° 17521.78 SF -TEMPORARY EASEMENT- BRIGDE NO 226 m � 22910 SF 80.50' 185.4v 33481 SF �z PROPOSED NEW PERMANENT EASEMENT L EXIST.R/W PROPOSED WORK AREA LUG' � j � T MR, 74 122' f 0 50 100 SCALE OF FEET __. =._"'0.__. _. _ COUNTY OF VENTURA GRIMES CANYON BRIDGE#226 °�- PUBLIC WORKS AGENCY GRIMES CANYON ROAD �------r TRANSPORTATION DEPARTMENT PROPOSED NE1N PERMANENT FASHAENi AND WORT(AREA swe A