HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 09C ITEM 9.C.
CITY OF MOORPARK,CAUUFORNRA
Cita Council Meeting
of
ACTION: ,
MOORPARK CITY COUNCILAGENDA REPORT
REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director A4--
DATE: June 13, 2017 (CC Meeting of 6/21/2017)
SUBJECT: Consider Acceptance of Right-of-Way Grant Deed and Temporary
Construction Easement Agreement from National Ready Mixed
Concrete Co. to the City of Moorpark
BACKGROUND
The project to widen Princeton Avenue requires additional right-of-way and a temporary
construction easement from National Ready Mixed Concrete Co. (NRM). At its meeting of
December 6, 2016 the Planning Commission approved Conditional Use Permit 2003-05
for the continued operation of NRM's concrete batch plant located at 13950 Princeton
Avenue. Condition of Approval No. 11 of this permit includes a requirement that NRM
dedicate right-of-way and a temporary construction easement for the Princeton Avenue
Project. NRM has provided both documents for the City's acceptance and recording.
DISCUSSION
The dedication of right-of-way and easement are generally described as follows:
Attachment Type Description
1 Grant Deed Variable width right-of-way along NRM's frontage
Right-of-Way on Princeton Avenue, approximately, 20,403 square
in Fee feet.
2 Temporary Variable width easement along NRM's frontage on
Construction Princeton Avenue, approximately 24,115 square
Easement feet required for construction activities associated
Agreement with the widening of Princeton Avenue.
60
Honorable City Council
June 21, 2017
Page 2
FISCAL IMPACT
None.
STAFF RECOMMENDATIONS
1. Accept the Grant Deed of Right-of-Way, authorize the City Manager to sign and
the City Clerk to record the Certificate of Acceptance for said Grant Deed and
the attachments thereto in the office of the Ventura County Recorder.
2. Approve the Temporary Construction Easement Agreement, authorize the City
Manager to sign and the City Clerk to record said Agreement and the
attachments thereto in the office of the Ventura County Recorder.
Attachments:
1 — Grant Deed of Right-of-Way
2 — Temporary Construction Easement Agreement
61
S:\Public\Norks\Everyone\Reports\Staff Reports\2017\06_June106-21-2017(National Ready Mix deed and TCE).docx
Attachment 1
Recording Requested by and when recorded
return to:
City of Moorpark
799 Moorpark Ave.
Moorpark, California 93021
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel Nos. 512-0-160-0635 and 512-0-160-0755 [X] Portion
Documentary Transfer Tax$0.00
This Instrument is for the benefit of the City of Moorpark and is exempt from Recording Fees (Govt. Code § 27383),
Filing Fees(Govt. Code§6103)and Documentary Transfer Tax(Rev. and Tax. Code§ 11922).
GRANT DEED
National Ready Mixed Concrete Co., a California corporation, successor by merger to
Conejo Ready Mix, Inc., a California corporation (Grantor) is the record owner of that certain
real property identified as Ventura County Tax Assessor's Parcel Numbers 512-0-160-0635 and
512-0-160-0755 (Grantor's Property).
FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby
acknowledged, Grantor hereby grants in fee to the CITY OF MOORPARK, a municipal
corporation, an approximate 20,403 square foot portion (Subject Property) of Grantor's Property
for public street, drainage, utility purposes, and all uses necessary or convenient thereto in
connection with the Princeton Avenue Roadway Improvement Plan (Project No. 8012). The
20,403 square foot fee Subject Property is described more particularly on Exhibit "A" and
depicted on Exhibit "B" hereto with the label "Road Right-of-Way". Exhibits "A" and "B" are
attached hereto and incorporated herein by this reference.
The foregoing grant of real property is subject to non-delinquent taxes, all easements,
covenants, conditions and restrictions and all matters of record affecting title to the Subject
Property as of the date of said grant.
-1-
12853.0019!2073781v1 62
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date shown
below:
GRANTOR
NATIONAL READY MIXED CONCRETE CO.,
a California corporation,
successor by merger to CONEJO READY
MIX, INC., a California corporation
Dated: By:
Tim Toland, President
Dated: By:
Dave 011is, Controller
-2-
12853.0019/2073781v
2-
12853.0019/2073781v 1 6 3
Exhibit "A"
EXHIBIT"A"
LEGAL DESCRIPTION
All that portion of Parcel A as described in Document No.2007-123849 of Official Records,in the City of
Moorpark,County of Ventura,State of California,recorded in the Office of the County Recorder of said
County,lying northwesterly of a line that is parallel with and 40 feet southeasterly,measured at right
angle,from the following described line:
Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52,Pages
58 through 61,inclusive,of Records of Survey as"N87°17'49"E M&BASIS OF BEARINGS",being a
point on the centerline of West Los Angeles Avenue as shown thereon,now known as Princeton Avenue;
thence along said centerline
1st- North 87°46'51"East 816.13 feet to an angle point thereon;thence,continuing along said
centerline,
2nd- North 71'36'08"East 397.26 feet;thence,leaving said centerline,
3rd- North 59°08'29"East 234.22 feet to the beginning of a tangent curve concave northwesterly
having a radius of 458.96 feet;thence,along said curve,
4th- Northeasterly through a central angle of 24°39'22"an arc length of 197.50 feet;thence,
5th- North 3429'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a
radius of 504.95 feet;thence,along said curve,
6th- Northeasterly through a central angle of 3147'42"an arc length of 280.21 feet;thence,
7th- North 66°16'49"East 500.42 feet to the beginning of a curve concave southerly,having a
radius of 700.00 feet;thence,along said curve,
8th- Easterly through a central angle of 24°12'17"an arc length of 295.72 feet.
Containing an area of 20,403 square feet,more or less.
All bearings and distances described herein are based on the California Coordinate System of 1983
(CCS83),Zone 5,2007.0 epoch. To obtain ground distances,multiply distances shown herein by
1.00006602.
001
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No.8552
41144'
orCAL ila
55/7.417
64
Exhibit "B"
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EASEMENT (24,115 Q. FT.)
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65
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached,and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF VENTURA
On before me, ,Notary Public
personally appeared
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,and that by his/her/their
signature(s)on the instrument the person(s),or the entity(ies)upon
behalf of which the person(s)acted,executed the instrument.
I 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.
•
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
RIGHT THUMBPRINT
Signer's Name: OF SIGNER
D Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner— 0 Limited 0 General
O Attorney in Fact
•
❑ Trustee
❑ Guardian or Conservator
O Other:
Signer is Representing:
66
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached,and not the truthfulness, accuracy,or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF VENTURA
On before me, ,Notary Public
personally appeared
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,and that by his/her/their
signature(s)on the instrument the person(s),or the entity(ies)upon
behalf of which the person(s)acted,executed the instrument.
I 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.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
RIGHT THUMBPRINT:-
Signer's Name: OF SIGNER
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner— 0 Limited 0 General
O Attorney in Fact
O Trustee
O Guardian or Conservator
O Other:
Signer is Representing:
67
CITY OF MOORPARK
Office of the City Clerk
799 Moorpark Ave.
Moorpark, California 93021
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Govt. Code § 27281)
(Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755)
This is to certify that the attached Grant Deed, which grants to the City of Moorpark in fee an
approximate 20,403 square foot portion of Assessor's Parcel Numbers 512-0-160-0635 and
512-0-160-0755 for public street, drainage, utility purposes, and all uses necessary and
convenient thereto in connection with Princeton Avenue Roadway Improvement Plan (Project
No. 8012) is hereby accepted under the authority of the City Council of the City of Moorpark and
the City of Moorpark consents to the recordation thereof by its duly authorized officer.
Dated: , 2017 CITY OF MOORPARK, a municipal corporation
By:
Steve Kueny, City Manager
ATTEST:
By:
Maureen Benson, City Clerk
APPROVED AS TO FORM:
By:
Kevin Ennis, City Attorney
68
Attachment 2
Recording Requested by and when recorded
return to:
City of Moorpark
799 Moorpark Ave.
Moorpark, California 93021
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel Nos. 512-0-160-0635 and 512-0-160-0755 [X] Portion
Documentary Transfer Tax$0.00
This Instrument is for the benefit of the City of Moorpark and is exempt from Recording Fees (Govt. Code § 27383),
Filing Fees (Govt. Code§6103)and Documentary Transfer Tax(Rev. and Tax. Code§ 11922).
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (Agreement) is entered into by and
between National Ready Mixed Concrete Co., a California corporation, successor by merger to
Conejo Ready Mix, Inc., a California Corporation (Grantor) and the City of Moorpark, a
municipal corporation (City or Grantee) and is effective on the date it is fully executed. Grantor
and the City are referred to below collectively as the "Parties".
This Agreement is based on the following facts, which are incorporated herein by this
reference:
A. Grantor is the record owner of that certain real property identified as Ventura
County Tax Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755 (Grantor's
Property).
B. Consistent with City of Moorpark Planning Commission Resolution No. PC-2016-
615 (CUP), Grantor desires to grant to the City and the City desires to accept from Grantor an
approximate 24,115 square foot Temporary Construction Easement on Grantor's Property to
facilitate the City's construction of the public street improvements in connection with Princeton
Avenue Roadway Improvement Plan (Project No. 8012), including but not limited to public street,
retaining walls, curb, gutter, drainage, utilities, landscaping and related improvements.
NOW, THEREFORE FOR VALUABLE CONSIDERATION, receipt and sufficiency of
which is hereby acknowledged, Grantor and the City agree to the following:
1. Grant of 24,115 square foot Temporary Construction Easement. Grantor hereby
grants to the City of Moorpark, a municipal corporation, (City) the approximate 24,115 square
foot Temporary Construction Easement described more particularly on Exhibit "A" and depicted
on Exhibit "B" hereto with the label "Temporary Construction Easement". Exhibits "A" and "B"
are attached hereto and incorporated herein by this reference.
2. Term of Temporary Construction Easement. The City's right to use the
Temporary Construction Easement shall commence on the date this Agreement is recorded in
the official records of the County of Ventura (commencement date). The term of the Temporary
69
Construction Easement shall automatically terminate on the earlier of (i) the date that is five
years after the commencement date, or (ii) the date the City records either a (a) Notice of
Completion for the construction contract in connection with Project No. 8012 or (b) Notice of
Termination of Temporary Construction Easement. In the event that the City delivers a written
notice to Grantor per Condition #25 of the CUP that improvements along the Princeton Avenue
frontage associated with Project No. 8012 have been completed, the City shall be required to
record a Notice of Termination of Temporary Construction Easement within ten (10) days after
the delivery of such written notice.
3. Scope of Temporary Construction Easement. The City will provide to Grantor
written notice of the City's award of the construction contract for Princeton Avenue Roadway
Improvement Plan (Project No. 8012) within ten business days of said award. The City is
authorized to use the 24,115 square foot Temporary Construction Easement to facilitate the
City's construction of the public street improvements in connection with Princeton Avenue
Roadway Improvement Plan (Project No. 8012), including but not limited to public street,
retaining walls, curb, gutter, drainage, utilities, landscaping and related improvements. Grantor
expressly acknowledges that the Project will result in permanent minor changes to the grade
and/or slope of the Temporary Construction Easement Area consistent with the street
improvement plans for the Princeton Avenue Roadway Improvement Plan (Project No. 8012).
4. No Liens. The City agrees to keep the approximate 24,115 square foot
Temporary Construction Easement free of any liens, including without limitation, liens by
contractors, subcontractors, suppliers, engineers, architects, surveyors or others that may have
lien rights for work arising out of the City's use of the Temporary Construction Easement in
connection with the construction of Project No. 8012. If any such lien is filed on Grantor's
Property in connection with the City's use of the Temporary Construction Easement, the City
will, at its sole cost and expense, have the lien released and discharged of record in a matter
satisfactory to the Grantor within 45 calendar days of receiving notice of the lien. If the City fails
to remove the lien within such 45-day period, Grantor will have the right to remove the lien, and
City, upon demand, will reimburse the Grantor for all reasonable costs and expenses, including
without limitation reasonable attorney's fees incurred by Grantor in connection with such
removal.
5. City's Obligations At End of Term. The City will replace, with material of like kind
and quality, any improvements and/or landscaping that are damaged in the area of the 24,115
square foot Temporary Construction Easement in connection with the City's use of the
Temporary Construction Easement for Project No. 8012. Further, upon the expiration of the
term of the Temporary Construction Easement the City agrees to take such actions as
reasonably necessary to evidence and give effect to the extinguishment of the Temporary
Construction Easement and relinquishment of the City's rights and interests in the Temporary
Construction Easement pursuant to this Agreement, including recording a Notice of Termination
of Temporary Construction Easement.
6. Insurance & Indemnification.
a. Insurance. Prior to entry onto the Temporary Construction Easement
area, the City will cause the City's contractor for Project No. 8012 to procure and maintain a
policy of commercial general liability insurance issued by an insurer reasonably satisfactory to
the City covering the use by the City and the City's Designees with a single limit of liability of no
less than five million dollars ($5,000,000) per occurrence for all covered losses and ten million
dollars ($10,000,000) general aggregate. The City shall cause said contractor to provide a
70
certificate of insurance and copy of additional insured endorsement naming Grantor, the City
and the City's officers, employees and agents as additional insured, evidencing that such
insurance is in force and effect. Such insurance will be maintained in force throughout the term
of this Temporary Construction Easement.
b. Indemnification. The City will, and will cause its contractor for Project No.
8012, to indemnify, defend and hold Grantor and Grantor's officers, directors, employees,
attorneys, managers, members, partners, affiliates, agents, successors and assigns
(collectively, Grantor Parties) harmless from any and all liability for bodily injury, death and
property damage arising out of the entry, access and use of the Temporary Construction
Easement by the City, its contractor and designees in connection with the exercise of the City's
rights under this Temporary Construction Easement Agreement, and will reimburse Grantor
Parties for all reasonable costs, expenses and losses, including reasonable attorneys' fees,
incurred by Grantor Parties in consequence of any claims, demands and causes of action that
may be made or brought against Grantor Parties arising out of the entry on and use of the
Temporary Construction Easement Area by the City, its contractors or the City's designees in
connection with Project 8012, except for any claims, demands, causes of action for bodily injury,
death and property damage caused by or resulting from the sole or active negligence or willful
misconduct of Grantor.
7. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, by personal delivery, or by
Federal Express. Notices will be considered given upon the earlier of (a) personal delivery, (b)
two (2) business days following deposit in the United States mail, postage prepaid, certified or
registered, return receipt requested, or (c) one (1) business day following deposit with Federal
Express. The Parties will address such notices as provided below or as may be amended by
written notice:
CITY: City of Moorpark
799 Moorpark Ave.
Moorpark, California 93021
Attention: City Manager
GRANTOR: National Ready Mixed Concrete Company
15821 Ventura Boulevard, Suite 475
Encino, California 91436
Attention: Dave 011is
With a copy to: Jeffer Mangels Butler& Mitchell LLP
1900 Avenue of the Stars, 7th Floor
Los Angeles, California 90067
Attention: William F. Capps, Esq.
8. Miscellaneous Provisions.
a. Governing Law. This Agreement is deemed to have been prepared by
each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted
against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted
according to the applicable rules of interpretation of contracts under the laws of the State of
California, and not the substantive law of another state or the United States or federal common
law. This Agreement shall be deemed to have been executed and delivered within the State of
71
California, and the rights and obligations of the Parties shall be governed by, and construed and
enforced in accordance with, the laws of the State of California.
b. Entire Agreement. This Agreement contains the entire agreement
between Grantor and the City regarding the Temporary Construction Easement. No person is
authorized to make, and by execution hereof Grantor and the City acknowledge that no person
has made, any representation, warranty, guaranty or promise except as set forth herein.
c. Amendments. Any amendments to this Agreement will be effective only
by a writing executed by all Parties to this Agreement.
d. Successors and Assigns. This Agreement will be binding upon and inure
to the benefit of the heirs, executors, administrators, successors and assigns of the Parties
hereto.
e. Counterparts, Facsimile and Electronic Signatures. This Agreement may
be executed in whole or in counterparts, which together shall constitute the entire Agreement.
Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the
original signed counterpart were delivered.
f. Legal Representation. Each of the Parties acknowledge that in
connection with the negotiation and execution of this Agreement, they have each been
represented by independent counsel of their own choosing and the Parties executed this
Agreement after review by such independent counsel, or, if they were not so represented, said
non-representation is and was the voluntary, intelligent and informed decision and election of
any of the Parties not so represented; and, prior to executing this Agreement, each of the
Parties has had an adequate opportunity to conduct an independent investigation of all the facts
and circumstances with respect to the matters that are the subject of this Agreement.
g. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in
order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement
or because of a breach of this Agreement by the other Party, the prevailing Party, whether by
suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees
from the other Party.
h. Severability. If any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining provisions will not be affected, and the rights and obligations of the Parties will be
construed and enforced as if this Agreement did not contain the particular part, term or provision
held to be invalid.
IN WITNESS WHEREOF, Grantor and the City have entered into this Agreement as of
the date it is fully executed by the Parties.
GRANTOR
NATIONAL READY MIXED CONCRETE CO.
a California corporation,
successor by merger to CONEJO READY MIX, INC.,
a California corporation
72
Dated: By:
Tim Toland, President
Dated: By:
Dave 011is, Controller
APPROVED AS TO FORM:
Jeffer Mangels Butler& Mitchell LLP
By:
William F. Capps
GRANTEE
CITY OF MOORPARK,
a municipal corporation
Dated: By:
Steve Kueny, City Manager
ATTEST:
By:
Maureen Benson, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
73
By:
Kevin Ennis, City Attorney
74
Exhibit"A"
EXHIBIT"A"
LEGAL DESCRIPTION
All that portion of Parcel A as described in Document No.2007-123849 of Official Records,in the City of
Moorpark,County of Ventura,State of California,recorded in the Office of the County Recorder of said
County,lying northwesterly of a line that is parallel with and 60 feet southeasterly,measured at right
angle,from the following described line:
Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52,Pages
58 through 61;inclusive,of Records of Survey as"N879 7'49"E M&BASIS OF BEARINGS",being a
point on the centerline of West Los Angeles Avenue as shown thereon,now known as Princeton Avenue;
thence along said centerline
1st- North 87°46'51"East 816.13 feet to an angle point thereon;thence,continuing along said
centerline,
2nd- North 71'x36'08"East 397.26 feet;thence,leaving said centerline,
3rd- North 59°08'29"East 234.22 feet to the beginning of a tangent curve concave northwesterly
having a radius of 458.96 feet;thence,along said curve,
4th- Northeasterly through a central angle of 24°39'22"an arc length of 197.50 feet;thence,
5th- North 34°29'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a
radius of 504.95 feet;thence,along said curve,
6th- Northeasterly through a central angle of 31°47'42"an arc length of 280.21 feet;thence,
7th- North 66°16'49"East 500.42 feet to the beginning of a curve concave southerly,having a
radius of 700.00 feet;thence,along said curve,
8th- Easterly through a central angle of 24°1217"an arc length of 295.72 feet.
TOGETHER with that portion of Parcel 1 as shown in Book 10,Page 4 of Parcel Maps,recorded in the
Office of the County Recorder of said County,lying northwesterly of the following described line:
Beginning at the intersection of a concentric curve lying 75 feet southeasterly,measured at right
angle,from the above described 61h course with the northeasterly line of said Parcel 1,being the
beginning of a curve concave southeasterly having a radius of 429.95 feet,a radial line to said
beginning of curve bears North 24"29'21"West;thence,southwesterly along said concentric curve,
through a central angle of 4%17'13"an arc length of 30.92 feet.
TOGETHER with all that portion of said Parcel A,lying northwesterly of a line lying 60 feet southeasterly,
measured at right angles from the above described 6'h,7th and 81h courses.
EXCEPT therefrom all that portion of said Parcel A,lying northwesterly of a line that is parallel with and
lying 40 feet southeasterly,measured at right angle,from the above described eight(8)courses.
75
Containing an area of 24,115 square feet,more or less.
All bearings and distances described herein are based on the California Coordinate System of 1983
(CCS83),Zone 5,2007.0 epoch. To obtain ground distances,multiply distances shown herein by
1.00006602.
�otatd P. 91-f
No.8652
5/25/2017
76
Exhibit"B"
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77 •
PAGES 78-79
ARE INTENTIONALLY
LEFT BLANK
78-79