CC RES 2009-022 RESOLUTION NO. 2009-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES AUTHORIZING THE CITY MANAGER, THE DEPUTY CITY
MANAGER, OR THE DIRECTOR OF PLANNING, BUILDING AND CODE
ENFORCEMENT OF THE CITY OF RANCHO PALOS VERDES TO: 1)
ACCEPT AN EASEMENT DEED DEDICATING TO THE CITY REAL
PROPERTY KNOWN AS THE "MARTINGALE TRAIL EASEMENT"
(INSTRUMENT NO. 78-168460) AND 2) EXECUTE A CORRESPONDING
QUITCLAIM OF A PORTION OF THE TRAIL EASEMENT TO MR. AND MRS.
GLENN SMITH.
WHEREAS, on May 23, 2007, the Director of Planning, Building & Code
Enforcement of the City of Rancho Palos Verdes approved Grading Case No.
ZON2007-00174, which issued an after-the-fact minor grading permit to restore the site
to its original condition and restore the Martingale Trail Easement within the existing trail
easement at the property located at 21 Martingale Drive; and,
WHEREAS, on June 23, 2008, after finding that the placement of the Martingale
Trail back within the existing easement pursuant to the Conditions of Approval resulted
in a narrow trail tread at a certain portion of the trail, with part of the trail easement
extending over a steep slope, the City asked Mr. Glenn Smith, the co-owner of the
property at 21 Martingale Drive, if he would be amenable to granting an easement that
would realign a portion of the Martingale Trail Easement located on his property; and,
WHEREAS, Mr. Smith agreed to allow City Staff to proceed with the easement
realignment, and several site visits were completed with concerned parties as well as
the property owner to design the trail easement relocation; and,
WHEREAS, on January 5, 2009, City Staff emailed the completed quitclaim legal
description and map and a dedication legal description and map to Mr. Smith for
approval, as the final trail relocation design, which resulted in an additional 43.1 square
feet of trail easement being dedicated to the City; and,
WHEREAS, on January 6, 2009, Mr. Smith emailed the City consenting to the
donation of 43.1 square feet to the City for the Martingale Trail Easement; and,
WHEREAS, an Easement Deed was drafted by the City Attorney to allow the
addition of 43.1 square feet to the existing Martingale Trail easement; and,
WHEREAS, Government Code Section 27281 allows the City to authorize by
resolution one or more of its officers or agents to accept such grants on behalf of the
City and consent to the recording of these documents;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Manager, the Deputy City Manager or the Director of
Planning, Building and Code Enforcement of the City of Rancho Palos Verdes are
hereby duly authorized, on behalf of the City of Rancho Palos Verdes, to accept the
Easement deed for the "Martingale Trail Relocation" and the corresponding Quitclaim of
a portion of the trail easement for the relocation of the "Martingale Trail", by executing
the forms which are attached hereto as Exhibit "A" and incorporated herein by this
reference.
PASSED, APPROVED and ADOPTED this 7th day of April 2009.111, EU.
Mayor
Attest:
///
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. 2009-22 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on April 7, 2009.
ge/C,-6--
City Clerk
Resolution No. 2009-22
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EXHIBIT "A"
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the attached Easement
Deed for the "Martingale Trail Easement Realignment" (for a portion of the Trail
Easement located within the private property at 21 Martingale Drive, APN 7568-007-
014), from Glenn and Elizabeth Smith, to the City of Rancho Palos Verdes, a California
municipal corporation, are hereby accepted by the undersigned agent on behalf of the
City of Rancho Palos Verdes ("Grantee") pursuant to the authority conferred by
Resolution No. 2009-22 of the City Council of the City of Rancho Palos Verdes, which
was duly adopted by the City Council on April 7, 2009, and the Grantee consents to the
recordation thereof by its duly authorized agent.
Dated: April 7, 2009.
E2ILLiJ JA IPA
City anager
Attest:
CMOckeak_
City Clerk
Resolution No. 2009-22
Exhibit"A"
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