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ROMF
MEMORANDUM
TO:GRANT BRIMHALL, CITY MANAGER
J. LOUrS SCHERER, DTRECTOR OF PUBLTC WORKS
DECEMBER 20, 1983 DATE:
SUBJECT:HILLCREST DRIVE WIDENING (CI NO. 8O-]-2}
STATE ROUTE 23 TO FLTTTNER CIRCLE, RIGHT OF WAy
AGREEMENT - GREENWTCH VTLLAGE TRACT, LOT 9,
BLOCK L2 (CLEARY) APPROPRTATTON - $30,000
ACCOUNT NO. 313-090-716-813
The Ventura County Pub1ic Works Agency were contracted to handle the right of way acquisitions and, with directions from City staff, they have completed negotiations for the subject property. The agreement provides:
l_.Without compensations, Mr. Cleary will grant to. City the necessary right of way while the City conveys to Mr. Cleary land from the City owned adjacent lot to provide for a 2 car garage in compliance with City ordinances.
2. City constructs new 2 car garage at the proper location and demolishes the existing garage that is in the path of the road construction. City assumes all costs associated with the new garage construction and demolition of the old garage
3. City compensates for existing yard improvements that are within the new right of wyy. Cost of yard. improve- ments are consistent with pr?ces used by Cityrs appraiser. ..i. +. - '"+;j The garage construction, demolition and other associated costs are estimated. at_ $30,000.
RECOMIIENDATION
It is the recommendation of your staff that the City Council:
Approve the appended. Agreement and authorize the Mayor to sign the Agreement
2. Appropriate $30,000 from Account 313-090-716-813.
Prepared by: Submitted. by:
fz&s'
osrer,rector Senior Civil Engineer
GRP: JLS /kk/ L0 / 60
attachments
cc: Bob BieryCarol Lee
1_
nt of Public Works
ATTACHMENT #3
DPW: 420-63\ND\ev\Council\2024\013024\ Disposition of City-owned Land Adjoining to 897 East Hillcrest Drive Att 3.pdf r -i':;: ,'. ai'.,_'-., ,,' ,1. .. r: ;,: ) 11 " ' i:.r.r- ' r- : ;...-.."1..::,.,.:.;. ''' i -':r: ,:,.,,11,i. ''1,
RIGHT OF
(cTo - E.
WAY AGREEMENT
Hillcrest Dr. )
THIS AGREEMENT is made and entered into by and between
STANTON
hereinafter
CITY OF
hereinafter
E. CLEARY
called l'Grantorr" and
THOUSAND OAKS
called "Entity. "
Instrument No. CTO 104.228t in the form of covering the property particularly described in ment, has been executed and delivered to H. L. l,lanager of Entity. a deed or the above
grant
instru- Cargill, oivision
In consideration of whichr'and other consideration herein- after set forth, it is mutually agreed as follows:
' 1. The parti.b3', have herein sr&{ lforth the whole of their agreement. The public improvement proposed is to be constructed in accordance with the improvement plan designated Exhibit "A" r attached hereto and made a-.part hereof by reference.. ..The :per- formance of this agreement constitutes the entire consideration for said document and shatl- relieve the Entity of a1r further obligation or claims on this account r or on account of the loca- tion, grade or construction of the proposed public improvement.
2. The Entity: --
A. GARAGE RECONSTRUCTION.
cost torana \tt()rEwo car garageEnLity shall construct, at no of the same or greater size as
GranLorrs existing attached garage. Garage to be constructed of the same quarity materials as existing ga-age and shall match design and color of Grantorrs house. rn addition to the above nevr garage shall contain the following:
Smal-l entry door for access to and from house with entry door light Gutters and down spouts with from garage and house.
proper drainage away
Inside studs covered with painted plywood of the quality and thickness as in existing garage.
Shelves of same width and thickness of existing are to be installed, floor to ceiling along one same
shelves
waLl.
i.,Jij':lirii ti,i i:: .:':r' r j.ii.i ln.
.i::.
B
garage
model
Gas, water and electricity suitable for hook up of wash- ing machine and dryer (gas or electric) to be installed.
Electrical outlets in quantity and locations to inside of existing garage. comparable
. HOUSE REMODEL.Upon completion ofconstruction of new
from house and re- Entity shal1 remove existing garage
house as follows:
Roof to be extended in area where garage is removed to match existing overhang and reseal_ed to prevent leaking.
Install gutters and down spouts from house to provide for drainage away from house and new garage.
Reroute water lines required to provide
garage reconstruction and
'' nt lY-
Relocate mailbox.
to house and and new garage as
equivalent water service.
house remodel, do the following:
"ti'n I
Lighted address to be provided on front of house.
C. SURROUNDING YARD AREAS.Entity shall, ,as part of
Pay Grantor his actual reasonable cost to landscape around front of house, new garage and plant grass in areas where old driveway and garage are removed. Included in this cost will be the labor required to install plantings. payment to Grantor is to be based upon estimate approved in advance by Entity. construct A.c. driveway of sufficient width to accommo- date two cars. Prior to construction of new driverrray Entity shalr advise Grantor of the cost differential between A.C. and concrete. If concrete driveway is desired by Grantor, he may pay to Entity the differ- ential and Entity will then install concrete driveway. construct concrete walkways from garage small entry door to house and from garage door (main) to front door of house installing steps if required for reasonable access.
Remoder existing sprinkler system to serve new area and remaining areas in front and rear of house.
Remove fencing between Lots 9 and r0 and retaining wall as necessary for proper drainage. rnstall 3 foot high chain link fence with appropriate gating around fronl, portion of property. From the front of garage to rear property line, along new property line instalr 50 lineal - "l; "
' : :i..+ i,':i,o :..:?+i,,'
feet of 5 foot high block wall, remaining section of fence to be 5 foot high chain link. prior to construc- ting the 5 foot section of chain tink fence Entity shall advise Grantor of the cost differential between chain Link and block wall. If block wall along entire section is desired.by Grantor, he may pay to Entity the differ- ential and Entity will install block wal1 D. BUILDING CODES.Upon completion of the foregoing work Grantorrs property and improvements shall conform to all appro- priate City of Thousand Oaks building regulations.
E. DRAINAGE.Entity shal1 design and construct provements and modifications described herein to allow drainage'of entire property F. PHOTOGRAPHS. Prior to commencement of work on Grantorts ' :i..
Entity sha1l
all im-
for proper
property Entity sharl take color photographs of Grantorrs prop- erty and interior of existing garage. The purpose of these photographs is to be used in the settlement of any dispute be- tween Grantor and Entity regardirig the before and af ter conditions.
G.
$1035 a
Lhe pro
herei
graSS ;*= t,reeS
to Entity.
YARD IMPROVEIVIENTS.pay
and
to'the Grantorshrubs .located on s payment in*fulL for perty to be ionveyed H. RECORDATION OF INSTRUMENT.
n reterenced i_nstrument and caus
Entity shall- accept
e it to be recorded
the
in Lhe
office of the Ventura County Recorder
3. The Grantor:
WORK AREA. Grantor shalL atlow Entity use Gran6rrs-remaining property as a work and tion
to enter upon
area in conjunc- with the herein described modifications.
4. The parties agree:
A. EXCHANGE OF PROPERTY.
of wayconveyeto it by the Gra
Grantor approximately I7L4 squar Exhibit r! Brr . In conj unction . wiL prepare and complete a lot line authorities sufficient to make G ing lot.
The Entity, in exchange for right ntor agrees to convey to the e feet of Lot 10 as shown on
h this exchange Entity shal1
adjustment through appropriate rantorrs new lot a legal conform- real property
certain Deeds
323 of Official3155, pa9€
agrees that receives from
Prior to cornpletion of this exchange, title to the conveyed to Entity shal1 be free and clear of those of Trust recorded June 16, L967 in Book 3156r pa9€ Records of Ventura County and June L6, L967 in-eook 324 of Official Records of Ventura County. Grantor these liens may be transferred to property Grantor Entity. -.-.i
.. +,,:.,." ,;- 1 .,; . .. '.-.-, '-.,:'::"a'.;1i1#,n,ii..":-'tf .,.r,':+: .;;l;,",i iii;,::;;:; ...J-. :l; ,- ,'..- .'-. -nj;:i..,.:1.:1.- ra .....r j . _,i.' B. I"IEETING. Prior to f inalization of remodeling plans Entity sfrETf arFange for a meeting with Grantor to discuss final detail-s such as location of light fixtures ' utility hook-ups, fencing patterns etc. Grantor may be reached dur- ing the day at 2L3-7L0-2828.
C. JUDGMENT IN LIEU OF DEED. IN thc CVCNT GTANTOT iS
unable to nable time under the terms of
this agreement, the Entity may file an action in eminent domain to puriue the acquisition of this parcel, and this agreement shall constitute a stipulation which may be filed in said pro- ceedings as final and conclusive evidence of the total amount of damiges for the taking, including all of the items listed in Section L260.230 of the Code of Civil Procedure ' regarding this parcel.
D. ARTICLE HEADINGS. Article headings in
are for c@and are not intended to
interpreting or construing the terms, covenants
of this agreemenL.
consti
this agreement
be used in
and conditions
E. COMPLETE UNDERSTANDING. This Right. of Way Agreement tutes the entire understanding between the parties with respect to the subt-ect matter hereof ,. superseding all, negotia- tions, prior discussions, and prelilnlnary agreements or under- standings, written or oral. This agreement may not be amended except in writing by the Pfrties hereto or their successors or assigns
ment
made
()
F. SPECIAL PROVISIONS. AIl
are contained rn Exh:.bit,c'
a part hereof by reference, is (r/l is not -applicable. other provisions of this
, which is attached hereto
if applicable. Exhibit uC
agree-
and
t!
Dated:t)^ z-7 j
Jmc fu.*.'.
-----SEanton r. cTeary /
Grantor ( s )
Dated:By
ATTEST:
By
Nancy A. Dillon, City Clerk
NO OBLIGATION OTIIER THAN THOSE
Right of Way Agreement
(CrO - E. Hillcrest Dr
CITY OF THOUSAND OAKS
Frances K. Prince, l{ayor
APPROVED AS TO FORM:
Mark G. Sellers, Acting Crty Attorney
SET FORTH FIEREIN WTLL BE RECOGNIZED.
)
APPROVED
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