CC RES 2011-023 RESOLUTION NO. 2011-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA
AUTHORIZING THE CITY'S ACCEPTANCE OF A
MAINTENANCE EASEMENT AGREEMENT REGARDING
PROPERTY OWNED BY THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY.
WHEREAS, in 1987, the subject property, Lot 1 of Parcel Map No. 17161
("Property"), was conveyed by Transamerica to the Rancho Palos Verdes
Redevelopment Agency ("Agency"); and
WHEREAS, the Property is within the active portion of the Portuguese Bend
Landslide and moves several feet each year; and
WHEREAS, portions of Palos Verdes Drive South and appurtenant drainage
facilities are located on and adjacent to the Property which the City of Rancho Palos
Verdes ("City") may maintain from time to time; and
WHEREAS, the City now wishes to enter into a maintenance easement
agreement memorializing the existing arrangement between the City and the Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. That the foregoing recitals are true and correct and are a
substantive part of this Resolution.
Section 2. That the City Council, pursuant to its right and authority, does
hereby authorize and accept a maintenance easement agreement, which is attached
hereto as Exhibit A and incorporated herein by this reference ("Agreement"). The
Agreement memorializes the existing arrangement between the City and the Agency
whereby the City may enter the Property from time to time, at the City's discretion, to
maintain its facilities.
Section 3. That the City Council acknowledges the Agreement does not create
any obligation on the part of the City to perform any maintenance on the Property, as is
stated in Section 2 of the Agreement:
"This Agreement is not intended, nor shall it be construed, to create an obligation
on the City's part to take any action as described in Section 1 above. The City
has absolute discretion regarding the exercise of its rights and the use of the
Easement granted hereby, including without limitation the timing, method and
R6876-0001\1346938v1
scope of any maintenance, prevention, mitigation or repair work that the City may
in the exercise of its discretion undertake."
Section 4. That the City Council authorizes the Mayor to execute the
Agreement on behalf of the City.
Section 5. That the City Council authorizes the City Manager to execute the
certificate of acceptance on behalf of the City and to cause the Agreement to be
recorded.
Section 6. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original City Resolutions.
PASSED, APPROVED AND ADOPTED ON Apr' 1 � =011.
0 ,
Mayor
Attest:
(kit_ 1 ' 1/ 4
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2011-23 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on April 19, 2011.
4-,ilitguebk
City Clerk
Resolution No. 2011-23
Page 2 of 2
:I-
MMO/20i
:RECORDING REQUESTED BY AND WHEN ill 1 11 1
111111111-1111111
1111 r 11
RECORDED MAIL TO:
I II '41
1 1 1111 11 li
Hi, it al ,
City Clerk *20110663448*
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275-5391
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383
The undersigned grantor(s)declare(s): Assessor's Parcel No.: 1 TI CAA— ct craN
Documentary transfer tax is$0.00 Project No.&Name: Lot I —Palos Verdes
) computed on full value of property conveyed,or Drive South
) computed on full value less value of liens and
encumbrances remaining at time of sale.
(x) City of Rancho Palos Verdes I Rancho Palos Verdes Redevelopment Agency
MAINTENANCE EASEMENT AGREEMENT
,iThis Maintenance Easement Agreement(this"Agreement") is entered into as of the
/VIII ,2011 ("Effective Date"),by and between Rancho Palos Verdes
Redevt9opment Agency, a public body, corporate and politic,duly organized and existing under
the laws of the State of California(the"Agency") and City of Rancho Palos Verdes, a municipal
corporation, duly formed and existing under the laws of the State of California(the"City").
RECITALS
A. The Agency owns a certain parcel of land located in the City, which is more fully
described in the attached Exhibit A(the"Property").
B. The Property is subject to damaging landslides and other land movements from
time to time.
C. City infrastructure and facilities, including a public street and drainage facilities,
are located on and immediately adjacent to the Property.
D. The Agency desires to grant the City an easement in perpetuity on, in, over and
across the Property for maintenance purposes and for the prevention and mitigation of such
landslides and land movement, and the repair of any damage that may result therefrom.
11244-0001\1345455v3.doe Reso. 2011-23
Exhibit "A"
Page 1 of 6
AGREEMENT
1. Agency hereby grants to the City an easement in perpetuity on, in,over and across
the Property(the"Easement") for any activity thereon by the City(and the City's agents and
contractors) as the City, from time to time and in the exercise of its discretion,shall deem
necessary or appropriate for maintenance purposes,the prevention of landslides and land
movement on, in or around the Property,and the repair of any damage that may result from such
landslides or land movement, including but not limited to,the following:
a. Grading intended to arrest land movement, or to correct or repair the
impacts of any such land movement;
b. Maintenance or repair of public facilities, including but not limited to
roads, sewers,drainage facilities and water distribution lines;
c. Work relating to the prevention or mitigation of beachfront erosion.
2. This Agreement is not intended,nor shall it be construed,to create an obligation
on the City's part to take any action as described in Section 1 above. The City has absolute
discretion regarding the exercise of its rights and the use of the Easement granted hereby,
including without limitation the timing,method and scope of any maintenance,prevention,
mitigation or repair work that the City may in the exercise of its discretion undertake.
3. The Agency agrees to indemnify,defend and hold free and harmless the City,
including the elected officials,officers, employees and agents of the City, from and against any
and all claims, causes of action, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, liabilities,damages, costs and expenses(including attorneys' fees and costs)
resulting from or in any way attributable actually, allegedly or impliedly, in whole or in part to
any action undertaken by the City(including its agents,employees, contractors, subcontractors
or invitees) in or on the Property and pursuant to the provisions of this Agreement, except to the
extent caused by the gross negligence or willful misconduct of the City.
4. All rights and obligations in this Easement Agreement shall bind and"run with"
the Property, and this Agreement shall be binding upon all persons and entities who acquire any
right,title or interest in all or any portion of the Property,
5. Each of the Agency and the City agrees to execute any and all documents that are
reasonably necessary or expedient to carry out the intent of this Agreement,to do such other
reasonable acts as will further the purposes hereof, and to refrain from any actions which would
impede or otherwise interfere with the other party with respect to the performance of its duties
and obligations hereunder.
6. If any term, covenant, condition or provision in this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void,or unenforceable, the remainder of the terms, covenants,
conditions, or provisions of this Agreement,or the application thereof to any person or
2
1244-0001\1345455v3.doe Reso. 2011-23
Exhibit "A"
Page 2 of 6
4
circumstances, shall remain in full force and effect and shall in no way be affected,impaired or
invalidated thereby.
7. Except as otherwise provided herein,the provisions of this Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective successors, legal
representatives, and assigns.
8. No modifications or amendments hereof shall be effective unless made in writing
and executed by both parties hereto.
9. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of California.
10. This Agreement may be executed in counterparts,each of which shall be deemed
an original, and all of which,taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the
date first written above.
RANCHO PALOS VERDES
REDEV • . ' ENT AGENC
tif
By
Print Name: Thomas D. Long
Title: Chairman
ATTEST-.
42 LQ,
/6 ---ki,
C A „ ffifr aXe--
Secretary
ByCITY OF I . HO PALOS • #ES
•Print Name: Thomas a Long
Title: Mayor
ATITST: r
7,7 1 \--III ''''
La -/ ." Ar .le
City Clerk
3
1 1 244-000 1\1345455vIdoe Reso. 2011-23
Exhibit "A"
Page 3 of 6
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On fAid," '3,/ apt/ before me, 4:riel Aidrreal Notary 'fiekicrn
Date Insert Name h Title of the Officer
personally appealed 1 )in5 a , who proved to me on the basis of
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Name of Signer(s)
satisfactory evidence to be the person(4whose name( isisaresubscribed to the within
instrument and acknowledged to me that he/sheitherexecuted the same in hisiheri-thet.r.
authorized eapacityksl, and that by hisitherAiteir signatureigron the instrument the personksl,or
the entity upon behalf of which the personWacted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
CARLA MORREALE
COMM.-01907778 paragraph is true and correct.
•itii
k71 NOTARY PUBLIC•CALWORMA
Lty, Los ANGELES
Commtssion ires COUNTY MU WITNESS my hand and official seal.
Exp NOV.7,
'd
1110K,eaL-.
Place Notary Seal andlor Stamp Above Signature of Notary Public
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On Mat j L . d20 II , thr
it -7 le N '
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before me, .o . .
Dal Insert N e and Title of e Officer
personally appeared ICYY(15 Dried", ,who proved to me on the basis of
Name of Signer(s)
satisfactory evidence to be the person namekeisioesubscribed to the within
instrument and acknowledged to me that heisheitheyexecuted the same in hisilierAheir-
authorized capacitycitasy"and that by his/her/their signatureksilon the instrument the personV,or
the entity upon behalf of which the personpif acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
CARLA MOR R EALE laws of the State of California that the foregoing
COMM 11907778 paragraph is true and correct.
NOTARY PUBLIC•CALIFORNIA
LOS ANGELES COUNTY 4 "I* WITNESS my hand and official seal.
yores Nov.7.,20i
/1? %)'at. 1/1PW:
Place Notary Seal and/or Stamp Above Signature of Notary Public
11244-0001\1345455v3.doc Reso. 2011-23
Exhibit "A"
Page 4 of 6
EXHIBIT A
DESCRIPTION OF THE PROPERTY
The property referred to in this Maintenance Easement Agreement is described as follows:
Lot 1 of Parcel Map No. 17161,in the City of Rancho Palos Verdes, in the County of Los
Angeles, State of California, as per Map filed in Book 192, Pages 91 through 94,inclusive, of
Parcel Maps, in the Office of the County Recorder of said County.
11244-0001\1345455v3.doe Reso. 2011-23
Exhibit"A"
Page 5 of 6
qv
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the easement created in favor of.the City of Rancho Palos Verdes
(the"City")under that certain.Maintenance Easement Agreement, dated as of Apiri il //cif
2011, by and between the Rancho Palos Verdes Redevelopment Agency and the City. is herthy
accepted by the City Manager on behalf of the City pursuant to the authority conferred by
Resolution No.,,,20/1-,Z3 of the City Coun.cil of the City, adopted on A./.,917/ i? _ , 2011,
and the City,as the grantee,consents to recordation thereof by the City*Manager.
Dated: L /,:. 201 I
.,.
CITY OF RANCHO PALOS VERDES
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By: ;.../4AC... (.,.' .'..tti.' ,:i: .--;
( „.Mt.A
Print Name: Carolyn Lehr
Title: City Manager
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
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On 1441y, i 5 1 c_ I I before me, It ? PtOrieitry: woicLry v/... tc...41<
Date/ Insert Nathe and Title orthe Officer
0 ) Lehr-
personally appeared atrb.:.,yri •:. e.:::r ,who proved to me on the basis of
Name of Signer(s)
satisfactory evidence to be the.person(sk*hose name(sris/pesubscribed to the within
instrument and acknowledged to me thathelsheithey-executed the same in4litlheritheiP--
authorized capacitytiGs%and that bylisther/their signaturef*Yon the instrument the persons or
the entity upon behalf of which the personacted.,executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
.....- .. CARLA MORREALE paragraph is true and correct.
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11244-0001\1345455v3.doc Reso. 2011-23
Exhibit "A"
Page 6 of 6