HomeMy WebLinkAboutAGENDA REPORT 2017 1220 CCSA REG ITEM 10K CM OP OAR(,CALOFORMA
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BY:
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
AGENDA REPORT
To: Honorable Successor Agency Members
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From: Jessica Sandifer, Community Services Manag
Date: December 12, 2017(Successor Agency Meeting of 12/20/17)
Subject: Consider Transfer of North Metrolink Parking Lot (512-0-090-120)
Back to the Ventura County Transportation Commission
BACKGROUND
The Redevelopment Agency of the City of Moorpark ("Agency") acquired the 2.34 acre
site, located at 192 High Street ("Property"), from the Ventura County Transportation
Commission (VCTC) on August 8, 1993. This Property was part of a total purchase of
4.77 acres on the south side of High Street. At the time, it was believed that the property
the City purchased started at the corner of Moorpark Avenue and High Street, where
the Chamber of Commerce building is located, and ended at the edge of the improved
paving for the North Metrolink Parking Lot. In 2007, the City conducted an ALTA survey
of the south side of High Street from Moorpark Avenue to Spring Road. As a result of
that survey, it was determined that the property the City had purchased actually ended
153' west of the improved paving for the North Metrolink Parking Lot. This meant that
approximately 15,000 square feet of the property was still in VCTC ownership. In 2008,
staff brought up the discrepancy to VCTC, and a lot line adjustment was prepared to
move the property line to what was originally intended to be the City's property
purchase. The Agency also paid VCTC $56,000 for the additional land area, since it
was not included in the original purchase price. Since that time, the Redevelopment
Agency was dissolved and all properties held by the Agency were transferred to the
Successor Agency by operation of law. In 2016, it was discovered that when the grant
deed for the 15,000 sq. ft. area was recorded in 2008, an incorrect exhibit was attached
to the grant deed that included the legal description for the North Parking Lot. This
meant that not only was the 15,000 sq ft. parcel transferred to the Agency, but also the
entire North Metrolink Parking Lot.
107
Honorable Successor Agency
December 20, 2017
Page 2
DISCUSSION
The north parking lot was never intended to be transferred to the Agency (now
Successor Agency), and the funding source that VCTC used to purchase the North
Metrolink Parking Lot precludes them from selling the property and leaving it with the
Successor Agency. As such it is appropriate at this time to transfer the property back to
VCTC, who is the lawful owner.
FISCAL IMPACT
There will be no fiscal impact from transferring the property back to VCTC.
STAFF RECOMMENDATION
Approve transfer of the North Metrolink Parking Lot (APN 512-0-090-120) back to the
Ventura County Transportation Commission, and authorize the Executive Director to
sign the Grant Deed and all documents required to facilitate the return of the property.
Attachment: Grant Deed
108
ATTACHMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Ventura County Transportation Commission
950 County Square Drive, Suite 207
Ventura, CA 93003
Attention: Office Services Manager
APN(s): 512-0-090-120 [SPACE ABOVE FOR RECORDER'S USE ONLY]
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &
Taxation Code Section 11922, and exempt from Recording Fees pursuant to California
Government Code Section 6103.
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK WHO TOOK TITLE AS THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK ("Grantor") hereby grants to the VENTURA COUNTY
TRANSPORTATION COMMISSION "Grantee"), the land located in ,the County of
Ventura, State of California, more particularly described on Exhibit A attached hereto
and incorporated herein by reference and all improvements and fixtures thereon
(collectively, the "Property").
SUBJECT TO:
General and special real property taxes and assessments and supplemental
assessments for the current fiscal year; and
All liens, encumbrances, easements, rights of way, covenants, conditions,
restrictions, reservations and all other matters of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date
set forth below.
Dated: , 2018
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK
By:
Steven Kueny, Executive Director
109
EXHIBIT "A"
Legal Description
Those portions of Lots 34, 35 and 36, Fremont Subdivision of Lot "L" of the Rancho
Simi, in the City of Moorpark, County of Ventura, State of California, as per Map
recorded in Book 3, Page 39 of Maps, in the office of the County Recorder of said
County, being a portion of the land described in the deed dated February 28, 1900, from
Madeline R. Poindexter, et al., to the Southern Pacific Railroad Company, recorded
March 20, 1900, in Book 64, Page 169 of Deeds, as shown and described as Parcel B
on Lot Line Adjustment No. 2006-10, recorded February 8, 2008, as Document No.
20080208-17993 of Official Records.
EXCEPT all minerals and mineral rights, interests and royalties, including without
limitation, all oil, gas and other hydrocarbon substances, as well as metallic or other
solid minerals of whatever kind or character, whether now known or hereafter
discovered, in and under the land below a depth of 500 feet under the surface without
regard to the manner in which the same may be produced or extracted from the land,
but without any right to enter upon or through the surface down to 500 feet below the
surface to extract, drill, explore or otherwise exploit such minerals or mineral rights and
without any right to remove or impair lateral or subjacent support, recorded September
27, 1991, as Document No. 91-143119, Official Records.
APN: 512-0-090-120
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the Ventura County
Transportation Commission (the "VCTC") by that certain Grant Deed, dated
, 2017, executed by the Successor Agency of the Redevelopment
Agency of the City of Moorpark is hereby accepted by the undersigned officer on behalf
of the VCTC pursuant to the authority conferred by Resolution No. of the VCTC
Commission of the VCTC, adopted on , 2017, and the VCTC consents to
the recordation thereof by its duly authorized officer.
Dated: , 2017
VENTURA COUNTY TRANSPORTATION
COMMISSION
By:
Donna Cole, Clerk of the Board
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