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HomeMy WebLinkAboutAGENDA REPORT 1998 0819 CC REG ITEM 11DiA7.3 (I T) ITEM c 0 ' 30ORMRK, CALIFORNIA Of Council Meeting of- ACTION: A roved AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works �- DATE: July 29, 1998 (Council Meeting 8- 19 -98) SUBJECT: Consider Approval of Certificate of Acceptance for a Deed Conveying Campesina Park to the City A summary of the background of this project is attached as Exhibit "A." �70-TWOMMMM Cabrillo Economic Development Corporation (CEDC) is in the process of finalizing the design for this project. Ground Breaking for the construction of this project was August 11, 1998. C. Conveyance of Property to the City A deed conveying the property to the City, has been executed by CEDC (copy attached as Exhibit "B "). Staff recommends that the City Council approve the Certificate of Acceptance for the subject Deed and direct the City Clerk to record said document. Y :, f i�0J,tt - os,, Exhibit A: Background 1. By Resolution 86 -297 the City Council approved Tract 4147 for the development of the Villa Campesina neighborhood. The Conditions of Approval for that tract required the developer, CEDC, to construct a park on a lot at the south end of the tract (Parcel 'A'). That lot is encumbered by an easement for flood control purposes, granted to the Ventura County Flood Control District [VCFCD] (see Exhibit 2). 2. In late 1995 and early 1996 City and County officials met with CEDC and area residents to discuss VCFCD plans for the construction improvements to the Arroyo Simi. Those plans called for the widening of the channel into the area proposed for the park (Parcel 'A'). As a result of those meetings, revisions were made to the channel improvement plans which moved the channel widening upstream to accommodate a park site on the westerly portion of Parcel 'A'. That action reduced the park from approximately 2.0 acres to approximately 1.5 acres. 3. In March of 1996 the City Council approved the revised conceptual design for the park based on the amended channel widening plans. As a part of that action or a prior action of the City Council, it was determined that the City would assist, to a degree, in the development of the plans for this project by not requiring CEDC to pay the City for any staff time expended on the review of the project design or the administration of the project development, nor would CEDC pay any administrative overhead charges for any outside costs incurred by the City, which are normally paid by the applicant. 4. The VCFCD has prepared a legal description for that portion of Parcel 'A' to be developed as a park site. Presuming that this park is to be maintained by the City, the plan would be to have CEDC convey all of Parcel 'A' to the City. The City would then convey that portion east of the park to VCFCD coincidentally with the VCFCD relinquishing its easement over the entire Parcel 'A' (see Exhibit 3). 5. CEDC has had plans and specifications prepared for both the landscape improvements and the " hardscape" improvements. A diagram showing the final design for the park is attached as Exhibit 4. 6. On December 4, 1996, the City Council considered a request from CEDC for partial funding of park improvement costs and to accept the future park and its maintenance. The matter was referred to the Public Works, Facilities and Solid Waste Committee. camps Exhibit 'A' : Background Page 2 7. The Public Works, Facilities and Solid Waste Committee discussed the subject request at their meetings on December 16, 1996, January 22, 1997 and February 18, 1997. Although the matter was discussed, the Committee took no action and made no recommendations. 8. In April of 1997, the City Council again considered the request from Cabrillo Economic Development Corporation (CEDC) for 1) City funding of a portion of the Campesina Park construction costs; and, 2) City acceptance of said Park for City ownership and maintenance upon completion of construction. The matter was again referred back to the Public Works, Facilities and Solid Waste Committee. 9. The Public Works, Facilities and Solid Waste Committee (Councilmembers Wozniak and Evans) has discussed this request at their meetings held in April and May of 1997. 10. On June 4, 1997, the City Council considered this matter once more. The City Council directed staff to prepare, distribute, compile and tabulate a BALLOT, consistent with the requirements of Proposition 218, to determine whether or not the property owners in the Villa Campesina neighborhood are in support of the payment of an assessment to fund future City costs for the maintenance of the proposed park. 11. On June 18, 1997, the City Council approved the levy of assessments for FY 1997/98 for AD 84 -2, which included the creation of a New Zone of Benefit to allow the levy of a $60 per lot per year assessment upon all of the lots within Tract 4147, to fund future maintenance costs for the subject park. 12. On December 10, 1997, the City Council took the following actions: • certified the tabulation of Ballots approving a $60 per lot per year maintenance assessment for Campesina Park; • directed staff to proceed with the efforts necessary to have the park property conveyed to the City; • directed staff to prepare for the acceptance of the maintenance of this future park; • confirmed the design for the proposed Phase 1 improvements for the park; and, • directed staff to provide for the release of CEDC funds set aside for the construction of said park. ceap8 ti 'v RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: NAME City of Moorpark STREET 799 Moorpark Avenue ADDRESS CITY, STATE 8 Moorpark CA 93021 LP CODE Attn: City Clerk TITLE ORDER NO. ESCROW NO. SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ GRANT DEED ❑ computed on full value of property conveyed, or ❑ computed on full value less liens and encumbrances remaining at time of sale. Signature of Declarant or Agent Determining Tax Firm Name FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), Cabrillo Economic (NAME OF GRANTOR(GI) Development Corporation grant to the City of Moorpark, a municipal corporation (NAME OF GRANTEEIS)) all that real property situated in the City of Moorpark (or in an unincorporated area of) Ventura County, California described as follows (insert legal description): (NAME OF COUNTY) (STATE) [See Exhibit 'A': Legal Description and Exhibit 'B': Sketch] Assessor's parcel No. 506 -0- 343 -165 Executed on at (CITY AND STATE) STATE OF COUNTY OF On before me, (NAME/TITLE,i.e.'JANE DOE, NOTARY PUBLIC') 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 subcribed 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 (SEAL) (SIGNATURE OF NOTARY) MAIL TAX STATEMENTS TO: Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary, to your particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an Intended use or purpose. 111111111111111111111111111111111111 WOLCOTTS FORM 778 - Rev. 3 -94 (price class 3A) GRANT DEED 7 " "67775 "3377810" 5 rerun I 1 rlumt5rHlrY 1 0 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) (TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(SI OR ENTITY(IESI- ©1994 WOLCOTTS FORMS, INC A r. EXHIBIT "A" LEGAL DESCRIPTION FOR PARK SITE DEDICATION TO THE CITY OF MOORARK Being a portion of Parcel A as shown on Tract No. 4147, in the City of Moorpark per map recorded in Book 112, Page 7 of Miscellaneous Records (Maps) in the office of the County Recorder, County of Ventura, State of California, lying northeasterly and northwesterly of the following described line. Commencing at the southwesterly corner of said Parcel A, said comer also being a point on the easterly right of way of Liberty Bell Road as shown on said Tract No. 4147; thence northerly along said right of way, North 00002'55 East 1.27 feet to the True Point of Beginning, said true point of beginning also being the northerly terminus of the second course of that certain deed recorded May 29, 1997 as Document No. 97 -066758 of Official Records in the office of the County Recorder of said County; thence southeasterly and northeasterly along the southerly line of said deed the following 7 courses. 1 st. South 74 017'13" East 87.29 feet; thence, 2nd. South 65 008'34" East 50.09 feet; thence, 3rd. South 68 034'35" East 170.42 feet; thence, 4th. South 77 055'00" East 41.55 feet; thence, 5th. North 86 004'56" East 107.15 feet; thence, 6th. South 84 053'06" East 123.63 feet; thence, 7th. South 79 °58'40" East 81.03 feet to an intersection and terminus with the easterly line of said Parcel A. pPOFESS/ �Ea Sheet 1 of 1 Sheets L-_ 0 CURVE I LENGTH I RADW I LEmGrHi s2 C1 \ 2200.00 I 148.33 1 74.19 N68 *3435'W 170.42' L4 � o L5 y I 2 T.P.O.B N8453 06'W 123.63' 17 W 81.03' !r N00'00'301E 25' P.O.C. G v © N00'02.55 -E 427' VILLA A VENUE I Q 62 1 62 ; 62 I 62 1 62 1 62 1 62 62 1 A �9a q S�rF NsB 9gcq�F� °q „ !.7 Z O A L4 TgAC 9 /rr�T4p !" CURVE TABLE CURVE I LENGTH I RADW I LEmGrHi TANGENT C1 I 03.51'47' 2200.00 I 148.33 1 74.19 LINE TABLE LIME BEARING Distance L1 N74.17'13"W 87.29' L2 N65'06'34'W 50.09' L3 N68 *3435'W 170.42' L4 N77.55'00'W 4155' L5 I N86'04 56 E 107.15' L6 N8453 06'W 123.63' 17 N79'58 40 "W 81.03' L8 N00'00'301E 4.62' 62 2415' W _J 62 � ' 0,9 62 rij 62 E. Wo rr NO. 19268 Exp. 9 -30 -01 CNk\- �P OF t 0' S0' 100' 200' 300' SCALE: 1" = 100' EXIWIT "B" SKETCH OF RAMSEYER AND ASSOCIATES, INC. PARK DEDICATION CIVIL ENGINEERS - LAND PLANNERS - SURVEYORS TO THE CITY OF MOORPARK (805) 654 -1088 1881 KNOLL DRIVE BY. JC DATE: 7 -16 -98 FAX (805) 654 -8013 VENTURA, CALIFORNIA 93003 CK'D: REW SHEET 1 OF 1 W. O. 973.3 FILENAME. kA4fW0 \wo973- 3 \perk)Dl.d.a