A2294.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
O
ctober 24, 2022
TO
: Board of Directors, Ventura County Waterworks District No. 8 F
ROM: Department of Public Works
S
UBJECT: ADOPTION OF A RESOLUTION A PPROVING AN EASEMENT
AGREEMENT AND ACCEPTING AN EASEMENT GRANT DEED FOR
ACCESS AND MAINTENANCE TO AN EXISITING WATER MAIN LINE, LOCATED AT 7419 STUDIO ROAD, APN NOS. 648-0-210-210 AND 648- 0-210-220
STAFF RECOMMENDATION
It i
s recommended that the Board of Directors (“Directors”) adopt attached Resolution No.
WWD-290 (page 4) approving an E asement Agreement and accepting an Easement Grant Deed from Madeline Lerman and Ronald Rauch (Attachment B, page 6), property owners of 7419 Studio Road (APNS 648-0-210-210 and 648-0-210-220) (Attachment A - Location Map, page 3).
BACKGROUND AND OVERVIEW
The
Ventura County Waterworks District No. 8 (“District”) owns and maintains water mains in the southeast corner of the City in the Box Canyon area. Some of the water mains traverse through private properties upon which the District does not have recorded easements to access and perform maintenance. District staff works to obtain easements in order to continue to maintain District facilities. Staff has been presented with an opportunity to acquire an easement in exchange for a service connection. Staff recommends the Directors approve an easement agreement and accept an easement grant deed for access and maintenance purposes to an existing wa ter main line owned by the District. Resolution No.
WWD-20 (Oct. 16, 1978) authorizes the District Manager or his designee to execute a Certificate of Acceptance to be recorded along with documents that transfer real property and easements.
FINDINGS AND ALTERNATIVES
T
he property owner s of 7419 Studio Road (APN Nos. 648-0-210-210 and 648-0-210-220), Madeline Lerman and Ronald Rauch, are offering the District a 15- foot width easement to properly document access rights to an existing water main located on their property.
AGENDA ITEM NO.
Consent (5)
A2294.SR.JD
In exchange for the easement, they are requesting District staff install a service line and water meter to provide water service to their property. The easement would allow access by District staff to maintain, perform future repairs, and/or replace the existing water main.
The District will use District resources to install the requested meter box, water meter, service line, and backflow device at a cost of $2,650. Staff believes this is a reasonable cost and equal exchange for the easement.
T
he following alternatives are available to the Board of Directors:
1. A
dopt attached Resolution No. WWD-290 approving an Easement Agreement and accepting an Easement Grant D eed from Madeline Lerman and Ronald Rauch, property owners of 7419 Studio Road (APN Nos. 648-0-210-210 and 648-0-210-220);
2. D
o not accept the Easement Agreement and Easement Grant Deed;
3. P
rovide other direction to staff.
S
taff recommends Alternative No. 1.
SUGGESTED BOARD MOTION
I mov
e to adopt R esolution No. WWD -290 approving the E asement Agreement and accepting an Easement Grant Deed from Madeline Lerman and Ronald Rauch, property owners of 7419 Studio Road (APN Nos. 648-0-210-210 and 648-0-210-220).
SUMMARY
S
taff recommends approving an Easement Agreement and accepting an Easement Grant Deed from Madeline Lerman and Ronald Rauch, property owner s of 7419 Studio Road (APN Nos. 648-0-210-210 and 648-0- 210-220). The easement is needed for the purposes of access and maintenance to an existing water main, as shown on Exhibit B of the Easement Agreement and Easement Grant Deed (page 6). ___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Rob Herr, Assistant Engineer
INDEX Page
A
ttachment A – Location Map .......................................................... 3 Resolution No. WWD-290 ................................................................ 4 Attachment B – Easement Agreement and Easement Grant Deed .. 6 Certificate of Acceptance ............................................................... 25 2 EASEMENT
CITY BOUNDARY
VICINITY MAP
NO SCAI.£
NEW EASEMENT
TO BE GRANTED
TOWWD8
LOCA Tl ON MAP
NO SCAI.£
ATTACHMENT A
t -�-
I
.... ..._ ...
ROBHERR/STUDI07419-EASEMENT.DWG
3 SanWaterEng\Water\ReferenceDocuments\PropertyEasements\Studio7419\3 - Resolution RESOLUTION NO. WWD-290
A RESOLUTION OF THE BOARD OF DIRECTORS OF
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
APPROVING AN EASEMENT AGREEMENT AND
ACCEPTING AN EASEMENT GRANT DEED FOR ACCESS
AND MAINTENANCE PURPOSES TO AN EXISITING
WATER MAIN LINE AT 7419 STUDIO ROAD APN NOS.
648-0-210-210 AND 648-0-210-220
WHEREAS, the Board of Directors may not have deeds or grants conveying an interest in or an easement upon real estate accepted for recordation without its consent evidenced by its certificate or resolution of acceptance in accordance with Section 27281 of the Government Code;
WHEREAS, the Board of Directors, by Resolution WWD -20 adopted on October 16,1978, designated the District Engineer as the officer authorized to accept deeds and grants; and
WHEREAS, the Board of Directors finds and determines that the agreement and easement for water main line access and maintenance purposes, described and depicted in the Easement Agreement and Easement Grant Deed , attached to the staff report dated the 24
th day of October 2022, is acceptable for recordation.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF VENTURA
COUNTY WATERWORKS DISTRICT NO. 8 DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The agreement and easement for water main line access and maintenance purposes as described and depicted in Exhibits “A” and “B”, respectively, and attached to the Easement Agreement and Easement Grant Deed shown as Attachment B to the staff report dated the 24th day of October 2022 is accepted, and the District Manager or designee may execute said deed.
SECTION 2 . The District Engineer is hereby directed to execute the Certificate of Acceptance.
SECTION 3 . The District Secre tary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the District Secretary, and shall cause the Easement Grant Deed with the executed Certificate of Acceptance to be recorded in the Ventura County Recorder’s Office. 4 RES. NO. WWD-290
SanWaterEng\Water\ReferenceDocuments\PropertyEasements\Studio7419\3 - Resolution PASSED and ADOPTED this 24th day of October 2022.
Attest:
_
Lucy Blanco, Keith L. Mashburn, Chair of the Ventura District Secretary County Waterworks District No. 8
Approved as to Form: Approved as to Content:
David L. Caceres, District Counsel Brian Paul Gabler, District Manager
Ronald K. Fuchiwaki
Public Works Director
5 ATTACHMENT B
6 7
8 9
10 11
12 13
EXHIBIT A
15’ WATER EASEMENT
LEGAL DESCRIPTION
A 15 FOOT WATER LINE EASEMENT OVER PARCELS 3 AND 4 OF DOCUMENT NO. 1999-027796 IN THE OFFICE OF THE RECORDER, COUNTY OF VENTURA, STATE OF CALIFORNIA, SAID EASEMENT BEING 5 FOOT SOUTHERLY AND 10 FOOT NORTHERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 4, SAID POINT BEING DISTANT SOUTH 02°43’48” EAST 101.13 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE 1) SOUTH 66°56’43” WEST 334.69 FEET TO THE WEST LINE OF SAID PARCEL 3.
Prepared July 28, 2022 by;
William L. Meagher, LS 5948
14 648-0-210-22
PARCEL 4
DOC # 1999-0207796
648-0-210-23
648-0-210-21
PARCEL 3
DOC # 1999-0207796
SHEET: 1 OF 1JOB No.: B22092 DRAWN BY: WM DATE:07/28/2022 WM SURVEYS INC.
W.L. Meagher
2747 Sherwin Ave. #12
Ventura, Ca. 93003
(805) 677-4850
SKETCH TO ACCOMPANY LEGAL
DESRIPTION
APN #648-0-210-21 & 22
STUDIO ROAD
BOX CANYON,
VENTURA COUNTY
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15 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx RECORDING REQUESTED OF:
CITY OF SIMI VALLEY
CITY CLERK’S OFFICE
WHEN RECORDED, MAIL TO:
CITY OF SIMI VALLEY
CITY CLERK’S OFFICE
2929 TAPO CANYON ROAD
SIMI VALLEY, CA 93063
THIS SPACE RESERVED FOR RECORDER
ONLY
(GOV.CODE § 27361.6)
APN: 648-0-210-210, 648-0-210-220
"NO FEE REQUIRED"
Pursuant to Government Code Sections 6103 & 27383
Recorded for the Benefit of the Ventura County
Waterworks District No. 8 (City of Simi Valley)
EASEMENT AGREEMENT
Easement Agreement between Madeline Lerman and Ronald Rauch and the Ventura County Waterworks District No. 8 (District) dated October 24, 2022, for dedication of a waterline easement to the District over portions of Assessor’s Parcel Number 648-0-210-210 and 648-0-210-220.
16 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx
EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between Ventura County Waterworks District No. 8 (“District”) and Madeline Lerman and Ronald Rauch (“Grantor”) on this 24th day of October, 2022, under the following terms and conditions:
RECITALS:
A. Grantor is the owner of that cer tain parcel of land located in unincor porated Ventura County, California, that is referred to by the Ventura County Assessor's Office as AP# 648-0-210-210 and 648-0-210-220 ("Real Property").
B. Grantor has pending plans to utilize the Real Property as agriculture and in conjunction with such development, Grantor seeks to obtain a " Water Will Serve Letter" for water service from the District.
C. District owns and operates existing water lines and related facilities ("District Waterline Facilities") that are currently located under and across a portion of the Real Property. District Waterline Facilities have been in place for at least 50 years.
District cannot locate a recorded easement instrument for these District Waterline Facilities. District therefore wishes to obtain and record an Easement Grant Deed describing and reserving the area within which the existing District Waterline Facilities are located upon the Real Property to formalize documentation of District permanent waterline easement rights on the Real Property as a conditi on of granting a Water Will Serve Letter.
D. District agrees to issue one non -residential Water Will Serve letter to Grantor for water service at the Real Property, under the terms md conditions specified in this Agreement.
Now therefore, the Parties agree as follows:
1. DISTRICT EASEMENT Grantor agrees to grant to District a Permanent Easement ("Real Property Easement") in gross to survey, install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, relocate, and to replace, and maintain a water conduit, consisting of one or more underground water pipelines and related facilities across a portion of the Real Property. Grantor shall execute a Real Property Easement Grant Deed, a copy of which is identified as Attachment " B," attached hereto and incorporated by reference herein, as a condition of District's issuance of a Water Will Serve Letter. After executing said Real Property Easement Grant Deed, Grantor authorizes recordation of the Real Property Easement Grant Deed in the Ventura County Recorder's Office following District acceptance of same and District's issuance of a Water Will Serve Letter to Grantor. 17 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx District agrees to pay any and all recording fees, transactional closing costs, and title insurance costs, if any, associated with said Real Property Easement Grant Deed recordation.
2. WATER WILL SERVE LETTER : District agrees to install one non-residential service line, meter box and meter, pressure-reducing principle backflow prevention assembly, and issue one non -residential Water Will Serve letter to Grantor, or Grantor's successor in interest, for water service at the Real Property, within 30 days from the date Grantor delivers executed and recordable Easement Grant Deeds for the Real Property Easement . Grantor understands and ack nowledges that it will be Grantor's sole responsibility to submit all water connection applications, permits, and any other necessary paperwork that is required in conjunction with an application for water service, and that the Water Will Serve letter will not be issued until all such paperwork is submitted and all conditions of this agreement are satisfied. Grantor further acknowledges that it will be Grantor's sole responsibility to pay for the ongoing monthly water usage fees, and District shall bear all costs of water main connecti on installation and water capital improvement charges.
3. INDEMNIFICATION BY DISTRICT . This Agreement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever c ause arising out of District's, its contractors, agents, officers, members, employees, invitees or licensees exercise of Real Property Easement rights granted to District pursuant to this Agreement, including any liability for injury or death to the person or property of District, its contractors, agents, officers, members, employees, invitees or licensees or to any property under control or custody of District. District hereby covenants and agrees to defend and indemnify Grantor , its officers, employees, agents, students, invitees, and guests, and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out Of any such injury or losses caused or claimed to be caused by the use of the Real Property Easement by District, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor.
4. HOLD HARMLESS AND INDEMNIFICATION BY GRANTOR. Grantor shall indemnify, defend, and hold harmless District, its officers, agents, and employees and their respective successors and assigns from any failure to comply with the terms of this Easement Agreement, and against any and all claims, damages, liabilities, stop notices, mechanic's liens, obligations, losses, costs, expenses (including, without limitation, attorney's fees) and judgments (in equity or law) (collectively, "losses") arising out of, resulting from or related to 1) any activities for which the Grantor, its agents, employees, contractors, representatives, invitees, successors and assigns, is responsible and arising out of or connected to District's use of the Easement; and 2) Grantor's performance under this Easement 18 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx Agreement, including, but not limited to, Grantor's construction, maintenance, and operation of the Easement improvements.
5. GRANTOR WARRANTIES . Grantor warrants, by submitting this Real Property Easement Grant Deed, that they are the owner(s) of the Real Prope rty and that there are no other parties, including Lessees, having any title, interes ts, or rights to compensation or possession of the Real Property Easement area or if there are any such leases, Grantor agrees to hold the District harmless and reimburse District for any and all of its losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor.
6. WHOLE AGREEMENT . The parties have herein set forth the whole of their Agreement. The performance of this Agreement constitutes the entire consideration for the rights granted by the parties herein and for the Real Property referenced herein, and shall relieve District and Grantor of all further obligation or claims related thereto.
7. ARTICLE HEADINGS. Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.
8. SUCCESSORS IN INTEREST. This Agreement shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors, and assigns of the parties.
MAILING ADDRESS OF GRANTOR: GRANTOR:
Madeline Lerman and Ronald Rauch Madeline Lerman and Ronald Rauch P.O. Box 3608
Chatsworth, CA 91313
MAILING ADDRESS OF DISTRICT: DISRTICT:
Ventura County Waterworks District No. 8 Ventura County Waterworks District No. 8 2929 Tapo Canyon Road
Simi Valley, CA 93063 By:
Name: Brian Paul Gabler
Title: District Manager
19 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx California All-Purpose Acknowledgement
State of California
County of
On before me,
Personally appeared
who 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.
I certify under PENALITY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
OPTIONAL INFORMATION
Description of Attached Document
The preceding Certificate of Acknowledgement is attached to a document title/for the purpose of
Easement Agreement containing, pages, and dated
The signer(s) capacity or authority is/are:
Individual Attorney-in-fact Corporate Officer(s)
Guardian/Conservator Partner – Limited/General Trustee(s)
Other:
20 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ________________ )
On ________________, 2022, 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(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.
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.
Signature ____________________________ (Seal)
Signature ____________________________ (Seal)
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.
21 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx RECORDING REQUESTED OF:
CITY OF SIMI VALLEY
CITY CLERK’S OFFICE
WHEN RECORDED, MAIL TO:
CITY OF SIMI VALLEY
CITY CLERK’S OFFICE
2929 TAPO CANYON ROAD
SIMI VALLEY, CA 93063
THIS SPACE RESERVED FOR RECORDER
ONLY
(GOV.CODE § 27361.6)
APN: 648-0-210-210, 648-0-210-220
"NO FEE REQUIRED"
Pursuant to Government Code Sections 6103 & 27383
Recorded for the Benefit of the Ventura County
Waterworks District No. 8 (City of Simi Valley)
EASEMENT GRANT DEED
For Waterline Purposes
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MADELINE LERMAN AND RONALD RAUCH, a California Resident, as Grantor, HEREBY GRANTS to THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8 , as Grantee, an easement for Water pipeline access and maintenance purposes in the City of Simi Valley, County of Ventura, State of California, described as follows:
A Permanent Easement (“Easement”) in gross to survey, install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, relocate, and to replace, and maintain a water conduit, consisting of underground water pipelines and related facilities. These related facilities may include but are not limited to markers, air valves, valves, meters, surge control devices, test stations, buried communication devices, buried electrical conduits and devices, pull boxes, blow off valves, air release valves, manholes, other related facilities, and t urnouts may be located above ground or partially above ground. This easement shall be in, over, on, through, within, under, and across the Easement Area of the Real Property . The “Easement Area” which comprises the Permanent Easement is described in Exhibit “A” and depicted in Exhibit “B” attached hereto and incorporated by reference herein.
The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The facilities and improvements installed in the Easement Area collectively are referred to herein as the “District Waterline Facilities.” Plans for the District Waterline Facilities as they exist from time to time shall be maintained at the District’s principal offices. District 22 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx Waterline Facilities shall be maintained and operated at the District’s sole cost and expense.
2. District shall have the right of ingress and egress for personnel, vehicles, and construction equipment to, from, and along the Easement Area at any time, without prior notice, including the right to use lanes, drives, rights -of-way, and roadways within the Real Property which now exist or which hereinafter may be constructed, as shall be convenient and necessary for the purpose of exercising the rights herein set forth; provided, however, that nothing herein shall prevent or limit Grantor’s rights to close such roadways, lanes, or rights-of-way, and to provide District with comparable alternative access to the Easement Area, as deemed reasonable by the District.
3. Grantor(s) shall not temporarily or permanently modify, or allow others to in any way modify, the ground surface elevation in the Easement Area without the District’s written consent, which consent shall not be withheld unreasonably. Grantor(s) shall not conduct, or permit others to conduct, grading operations, ripping, stockpiling, or use, or permit others to use, explosives within or proximate to the Easement Area to the extent that the District Waterline Facilities may be damaged.
4. This easement(s) is subject to all existing fencing , canals, irrigation ditches, laterals, pipeline, roads, electrical transmission facilities, and communication lines existing on the date this easement is granted, and all future uses which do not directly or indirectly interfere with or endanger District’s exercise of the rights described herein; provided, however, that District shall have the right to clear and keep clear from the Easement Area all explosives, buildings, structures, walls, and other facilities of a permanent nature, and ay earth cover or stockpile of material placed without the District’s written consent, or which interfere with District’s access to and operation and protection of the District Waterline Facilities.
5. Subsequent to the grant of this Easement, Grantor shall not grant any easement for underground work of any kind whatsoever to others under the Easement Area without the prior written approval of the District, which approval shall not be withheld unreasonably.
GRANTOR:
Date: By:___________________________________
MADELINE LERMAN, Owner
Date: By:___________________________________
RONALD RAUCH, Owner
23 \\CHVMMSFILEXX1.AD.simivalley.org\DATA\PW\Admin\ADMIN - JEANINE\ADMIN 2022\A2294.ATT B.JD.docx
STATE OF CALIFORNIA )
) ss.
COUNTY OF ________________ )
On ________________, 2022 , 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(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.
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.
Signature (Seal)
Signature (Seal)
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.
24 A2294.CERT.JD
CERTIFICATE OF ACCEPTANCE
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
This is to certify that the interest in real property conveyed by the Easement Grant Deed from Madeline Lerman and Ronald Rauch to Ventura County Waterworks District No.8, a municipal corporation and/or government agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors or said District pursuant to authority conferred by Resolution No. WWD-20 of the District adopted on October 16, 1978, and the grantee consents to the recordation thereof by its duly authorized officer.
Dated By:
Joseph M. Deakin, District Engineer
25