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CC RES 2011-025 RESOLUTION NO. 2011-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY'S ACCEPTANCE OF A MAINTENANCE EASEMENT AGREEMENT REGARDING PROPERTY OWNED BY THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY. WHEREAS, in 1988, the subject property, which is commonly referred to as Abalone Cove Shoreline Park ("Property"), was conveyed by Los Angeles County to the Rancho Palos Verdes Redevelopment Agency ("Agency"); and, WHEREAS, he State of California has established an Ecologic Reserve and an Environmentally Sensitive Habitat Area on portions of the Property; and WHEREAS, the City of Rancho Palos Verdes has been operating a park on the Property and constructing and maintaining its park improvements, such as picnic tables, restrooms, office/guard building, parking areas and roadway; 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 operate the park and 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 scope of any construction, maintenance, mitigation or repair work that the City may in the exercise of its discretion undertake." R6876-0001\1346938v1 Section 4. That the City Council acknowledges the Agreement does not does not alter any of the existing designations that the State has placed on the Property: "This Agreement is not intended, nor shall it be construed, to limit any existing right, interest or designation that the State of California has previously established with respect to portions of the Property, including the establishment of an Ecological Reserve or an Environmentally Sensitive Habitat Area." Section 5. That the City Council authorizes the Mayor to execute the Agreement on behalf of the City. Section 6. 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 7. 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 May 3, 2011. Mayor Attest: diLik. / I 0 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. 2011-25 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 3, 2011. (hfica_,(7)17guetk_ City Clerk Resolution No. 2011-25 Page 2of2 • l RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk 1111116/16/2011 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275-5391 liden *20110820608* 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): Documentary transfer tax is$0.00 Project Name: Abalone Cove Shoreline Park ( ) computed on full value of property conveyed,or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. (x) City of Rancho Palos Verdes/Rancho Palos Verdes Redevelopment Agency MAINTENANCE EASEMENT AGREEMENT This Maintenance Easement Agreement(this"Agreement")is entered into as of the 3rd day of May,2011 ("Effective Date"),by and between the Rancho Palos Verdes Redevelopment Agency, a public body, corporate and politic, duly organized and existing under the laws of the State of California(the"Agency")and the 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 commonly known as Abalone Cove Shoreline Park and is more fully described in the attached Exhibit A (the"Property"). The County of Los Angeles conveyed the Property to the Agency in 1988. B. City-operated park facilities and appurtenant.structures (including, among others, picnic tables,restrooms, fencing, a scenic overlook,playground equipment, an office/guard building,a roadway,parking lots and a lifeguard station)have been constructed and installed by City on the Property. C. Other City infrastructure and facilities,including a public street and drainage facilities, and sanitary sewer lines are also located on and immediately adjacent to the Property. D. From time to time,the Property may be subject to landslide activity, subsidence and beach erosion. 1 1244-0001\1349481 v2.doc Resolution No.2011-25 Exhibit A Page 1 of 11 f , E. The Agency desires to grant the City an easement in perpetuity on,in,over and across the Property for(i)operation of the park facilities and related appurtenant structures on the Property, (ii)construction,maintenance or repair of City infrastructure and facilities on and adjacent to the Property, and(iii)the prevention and mitigation of erosion, landslides and land movement,and the repair of any damage that may result therefrom. AGREEMENT 1. The 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 the purposes described in the recitals of this Agreement, including but not limited to,the following: a. Operation of the park facilities and related appurtenant structures on the Property; b. Construction,maintenance or repair of public facilities, including but not limited to roads, sewers, drainage facilities and water distribution lines; c. Grading; and d. 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 construction,maintenance, mitigation or repair work that the City may in the exercise of its discretion undertake. 3. This Agreement is not intended,nor shall it be construed,to limit any existing right,interest or designation that the State of California has previously established with respect to portions of the Property, including the establishment of an Ecological Reserve or an Environmentally Sensitive Habitat Area. 4. This Agreement is not intended,nor shall it be construed,to limit any right or interest that the City has previously acquired with respect to the Property. 5. 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. 11244.000111349481 v2.doc 2 Resolution No.2011-25 Exhibit A Page 2 of 11 11A 6. 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. 7. 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. 8. 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 circumstances, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. 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. 10. No modifications or amendments hereof shall be effective unless made in writing and executed by both parties hereto. 11. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. 12. 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. • [Remainder of Page Intentionally Left Blank] 11244-0001\1349481 v2.doc 3 Resolution No.2011-25 Exhibit A Page 3 of 11 • • • r r. .t 5 r • • •• • ..••n.•••....5 •••. ..t....�....•....•....••.....•••• •••..•.......••••�•�•...•..••..•.....•.....•.•..••..•...• 5 t .. .rt•.• ..55.. t .. .. •.... ..._.....5l t:........ .......... ...t..I.t•n,rll. . ` c IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first written above. RANCHO P• IS VERDE S REDS $ ' ,1 NT AGE NC By: ( : Print Name: Thomas D. Long Title: Chairman ATTEST: !iii _ ' ii' A!(L Secretary CITY OF RAN O PALOS VERDE By: Print Name: Thomas D. Long Title: Mayor ATTEST: .Lid i • Zit A.I.d' • City Clerk 11244-000111349481v2.doc 4 Resolution No.2011-25 Exhibit A Page 4 of 11 • State of California ) County of Los Angeles ) City of Rancho Palos Verdes ) y AIoku',On Z fi before me AfOrr C Date Insert Name= •Title of the Qtficer personally appeared , t ,who proved to me on the basis of Name of Signer(s) satisfactory evidence to be the personc 'whose namegis/subscribed to the within instrument and acknowledged to me that he/ -executed the same in his authorized capacity(i ), and that by his/hocitheir signatures on the instrument the persons or the entity upon behalf of which the person 'acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CARLA MORREAIEI paragraph is true and correct. / ; COMM.#1907778 Y iY, �•, " NOTARY PUBLIC•CALIFORNIA official seal. � WITNESS my hand and o LOS ANGELES COUNTY — y LiNviviniviaCmwwwwomm1islOr1 Expires NOV.7,20'14 wwwwvwwwww,vvvw &Lei_(-2220e- Place Notary Seal and/or Stamp Above Signature of Notary Public State of California ) County of Los Angeles ) . City of Rancho Palos Verdes ) `,3 cl before me rk rr On � �� �1 � ate Insert Name and Title of the Officer/ personally appeared t ,who proved to me on the basis of Name of Signer(s) satisfactory evidence to be the person whose name(s)is/subscribed to the within instrument and acknowledged to me that he/sh .a y-executed the same in his/heritheir authorized capacity ' , and that by his/h the signaturefg on the instrument the person(8 or the entity upon behalf of which the personj4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing rw...77wwwwwarawalararl... paragraph is true and correct. COMM.#1907778 • 1•!- NOTARY PUBLIC•CALIFORNIA 7 LOS ANGLES COUNTY WITNESS my hand and official seal. Commission Expires NOV.?,20'14 C7X1WeA,gctA- e Place Notary Seal and/or Stamp Above Signature of Notary Public 11244-0001\1349481v2.doc Resolution No.2011-25 Exhibit A Page 5 of 11 EXHIBIT A DESCRIPTION OF THE PROPERTY The property referred to in this Maintenance Easement Agreement is described as follows: • Parcel A: That portion of Lot H,Rancho Los Palos Verdes, in the City of Rancho Palos Verdes, County of Los Angeles, State of California,as shown on partition map filed in Case No. 2373 of the District Court of the 17th Judicial District of the State of California in and for the County of Los • Angeles,within the following described boundaries: Beginning at a point in the 925 foot radius curve in the southwesterly boundary of that certain 100 foot strip of land described in Parcel A of deed to County of Los Angeles,for Palos Verdes Drive South,recorded as Document No. 3469, on December 23, 1952, in Book 40587,page 284, of Official Records,in the office of the Registrar-Recorder of said County, distant southeasterly along said curve 151.82 feet from the northwesterly terminus thereof, a radial of said curve to said point bears South 56°31'30" West;thence South 56°31'30" West 132.17 feet;thence North 87°53'30" West 38.43 feet;thence North 31°05'00" West 12.22 feet;thence North 7°26'00"East 51.90 feet; thence North 12°25'00" West 38.20 feet;thence North 26°13'30" West 128.70 feet;thence North 49°52'30" West 33.80 feet;thence North 64°1370" West 91.90 feet; thence South 28°55'00" West 39.10 feet;thence South 2°05'00" East 73.60 feet;thence South 27°36'00" West 24.60 feet;thence South 55°57'00" West 27.70 feet;thence North 88°36'00" West 24.40 feet;thence North 68°45'00" West 23.40 feet;thence North 57°56'00" West 44.70 feet;thence North 50°31'30" West 69.00 feet;thence North 80°17'30" West 32.90 feet;thence South 56°37'30" West 19.80 feet;thence South 25°13'00" West 17.20 feet; thence North 64°48'30" West 19.06 feet;thence North 10°39'15" West 54.24 feet to the northerly boundary of that certain parcel of land described in deed to Edward W. Harden et ux,recorded as Document No. 1514,on December 2, 1938, in Book 16254,page 142,of said Official Records; thence along the northerly,northeasterly and northwesterly boundaries of said certain parcel of land the following described courses: South 79°20'45" West 130.47 feet;thence North 64°44'55".West 85.67 feet;thence South 46°27'50" West 274.38 feet to the Mean High Tide Line of the Pacific Ocean; thence in a general southeasterly direction along said Mean High Tide Line to the westerly boundary of that certain parcel of land described in deed to Palos Verdes Corporation, recorded as Document No. 1292,on July 18, 1941, in Book 18518,page 280,of said Official Records;thence along said westerly boundary the following described courses:North 5°21'50" East 523.32 feet;thence North 3°54'50" East 310.05 feet;thence North 3°27'45" West 253.86 feet to the southeasterly corner of Parcel 126, as shown on Los Angeles County Assessor's Map No. 51, filed in Book 1,page 1,of Assessor's Maps, in the office of said Registrar-Recorder; thence northwesterly,northerly,southwesterly and westerly along the northeasterly, easterly, northwesterly and northerly boundaries of said last mentioned parcel to the northerly boundary of said first mentioned certain parcel of land;thence westerly along said last mentioned northerly boundary to the most southerly corner of Parcel 110, as shown on said last mentioned map; thence northerly,westerly and northwesterly along the easterly,northerly and northeasterly 1 1 244-000 1\1349481v2.doc Exhibit A-1 Resolution No.2011-25 Exhibit A Page 6 of 11 boundaries of said last mentioned parcel to the northeasterly prolongation of said course of South 56°31'30" West 132.17 feet;thence South 56°31'30" West along said northeasterly prolongation to the point of beginning. Parcel B: That portion of Lot H,Rancho Palos Verdes,in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as shown on partition map filed in Case No. 2373 of the District Court of the 17th Judicial District of the State of California in and for the County of Los Angeles,within the following described boundaries: Beginning at the intersection of the northeasterly boundary of Parcel 110, as shown on Los Angeles County Assessor's Map No. 51,filed in Book 1,page 1,of Assessor's Maps,in the office of the Registrar-Recorder of the County of Los Angeles,with the easterly prolongation of that certain course of South 73°25'50" West 87.15 feet in the southerly boundary of that certain parcel of land described as Parcel 1 in deed to Filiorum Corporation,recorded as Document No. 1258,on August 15, 1930,in Book 10226,page 170, of Official Records, in the office of said Registrar-Recorder;thence South 73°25'50" West along said easterly prolongation and said certain course to the westerly terminus thereof;thence continuing along the southerly, southeasterly and southwesterly boundaries of said Parcel 1,the following described courses: South 60°15'25" West 88.62 feet;thence South 40°07'00"West 99.36 feet;thence South 79°20'45" West 259.39 feet;thence North 64°44'55" West 85.67 feet;thence South 46°27'50" West 274.38 feet to the Mean High Tide Line of the Pacific Ocean;thence in a general northwesterly direction along said Mean High Tide Line to that certain course of North 11°51'30"West 298.68 feet in the westerly boundary of said Parcel 1;thence northerly along said last mentioned certain course to the northerly terminus thereof; thence continuing along said westerly boundary North 4°49'30"West 158.02 feet to the southerly corner of that certain parcel of land described in deed to Filiorum Corporation,recorded as Document No. 1006,on September 17, 1959,in Book D604,page 844, of said Official Records;thence North 41°39'58" West along the southwesterly line of said last mentioned certain parcel of land 329.54 feet to the southeasterly boundary of Sea Coast Drive, as shown on map of Tract No. 14649, filed in Book 345,pages 23 to 26 inclusive,of Maps,in the office of said Registrar-Recorder;thence northeasterly,northerly and easterly along said Sea Coast Drive to that certain 1946.65 foot radius curve in the southerly boundary of Palos Verdes Drive South, as shown on said last mentioned map;thence northerly along a prolonged radial of said certain curve to the northwesterly continuation of that certain 1975 foot radius curve in said northeasterly boundary of Parcel 110; thence southeasterly along said northwesterly continuation to the northwesterly terminus of said last mentioned certain curve;thence southeasterly and easterly along the northeasterly and northerly boundaries of said Parcel 110,to the point of beginning. 11244-000111349481 v2.doc Exhibit A-2 Resolution No.2011-25 Exhibit A Page 7 of 11 A r • CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) • • This is to certify that the easement created in favor of the City of Rancho 'alos Verdes (the"City")under that certain Maintenance Easement Agreement,dated as of ,i/'. 2011,by.and between the Rancho Palos Verdes Redevelopment Agency and the Ci ,is hereby accepted by the city Manager on behalf of the City pursuant to the authority conferred by Resolution N9 — 5 of the City Council of the City,adopted on Ma.q.- ,2011, and the City,as the grantee,consents to recordation thereof by the City Manger. Dated: 2011 CITY OF RANCHO PALOS VERDES B .y. Gimtt0' & Print Name: Carolyn Lehr Title: City Manager . State of California County of Los Angeles City of Rancho Palos Verdes On M21". 5 020ft before me, Date Insert Name and flt] f the Officer personally appeared I'" ,who proved to me on the basis of game of Signer(s) satisfactory evidence to be the persons ''whose name rs/wcewubscribed to the within instrument and acknowledged to me thatlshe/therexecuted the same in-hieher/titeir authorized capaci ,and that by her/Wiignatureson the instrument the perso4.6),or the entity upon behalf of which the perso4c "acted,executed the instrument. I certify under PENALTY OF PERJURY under the `��.. CrlirA 47Rwa LE laws o the State of California that the foregoing .k=? +r.#1 soma paragraph is true and correct. NOTARY PUBLIC•CALIFORNIA Les A g ANGELES COUNTY WITNESS my hand and official seal. Cammialoo,Expins Nov.74014 Place Notary Seal and/or Stamp Above signature of Notary Public • • • • Resolution No.2011-25 Exhibit A Page 8 of 11 a \40 RESOLUTION NO. 2011-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY'S ACCEPTANCE OF A MAINTENANCE EASEMENT AGREEMENT REGARDING PROPERTY OWNED BY THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY. WHEREAS, in 1988, the subject property, which is commonly referred to as Abalone Cove Shoreline Park ("Property"), was conveyed by Los Angeles County to the Rancho Palos Verdes Redevelopment Agency ("Agency"); and, WHEREAS, he State of California has established an Ecologic Reserve and an Environmentally Sensitive Habitat Area on portions of the Property; and WHEREAS, the City of Rancho Palos Verdes has been operating a park on the Property and constructing and maintaining its park improvements, such as picnic tables, restrooms, office/guard building, parking areas and roadway; 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 operate the park and 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 scope of any construction, maintenance, mitigation or repair work that the City may in the exercise of its discretion undertake." Resolution No.2011-25 Exhibit A Page 9 of 11 w C, E Section 4. That the City Council acknowledges the Agreement does not does not alter any of the existing designations that the State has placed on the Property: "This Agreement is not intended, nor shall it be construed, to limit any existing right, interest or designation that the State of California has previously established with respect to portions of the Property, including the establishment of an Ecological Reserve or an Environmentally Sensitive Habitat Area." Section 5. That the City Council authorizes the Mayor to execute the Agreement on behalf of the City. Section 6. 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 7. 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 May 3, 2011. /s/Thomas D. Long Mayor Attest: /s/ Carla Morreale 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. 2011-25 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 3, 2011. I ...�_ City Clerk Resolution No.2011-25 Resolutiorfiegc2 pie Exhibit A Page 10 of 11 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••t•• , 1a This page is part of your document-DO NOT DISCARD ,•1404 44,0 20110820608 ;�= 1► � f� H I ID II I llhI III II I II 1 1110 II 1 U 1II 1 II P�$„: t •_,'�� Recorded/Filed in Official Records l YiljI '{�All Recorder's Office,Los Angeles County, California C4Ufoc0`14 06/16N1 AT 09:19AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 lII1 I III11fl I IIIII 1111 l l 11IllIIiIII1llhl 0 0 PAID: 0.00 1111 II I III LEADS EET 11uI I I. III1 I III I I III I VIII I I I 11I III.I VIII II III.1111 III I I IIII 201108760080004 00004277097 11111111111101111111111111 • ooaasnea SEQ: 01 DAR - Counter (Hard Copy) I1IiIIiIl1IlilI1IlIIiII1Ii tlA111MAIIN111111Y1,Y1111WIpVllll11 111 1111111111111 111111 11111111 11 111111 11 11111 111111111111111111111111111 1111111 - THIS FORM IS NOT TO BE DUPLICATED - E41657 Resolution No.2011-25 Exhibit A Page 11 of 11