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CC RES 2008-015 RESOLUTION NO. 2008-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING STORM DRAIN EASEMENTS FOR THE MCCARRELL CANYON STORM DRAIN PROJECT INCLUDING EASEMENTS FROM PALOS VERDES BAY CLUB, INC. AND ST. PETER'S BY THE SEA PRESBYTERIAN CHURCH WHEREAS, the City of Rancho Palos Verdes (the "City") is implementing the McCarrell Canyon Storm Drain Project, which will include storm drain facilities to convey drainage through various private properties, thus improving drainage on and across the properties; and WHEREAS, implementation of the McCarrell Canyon Storm Drain project involves the acquisition by, and conveyance to, the City of easements for storm drain purposes over, under and upon certain privately owned real properties; and WHEREAS, the City obtained such an easement from Palos Verdes Bay Club, Inc. ("Bay Club") in 2005, but subsequently entered into an agreement to amend that easement and acquire an additional easement for storm drain purposes from Bay Club; and WHEREAS, the City has negotiated an easement for storm drain purposes with St. Peter's By The Sea Presbyterian Church (St. Peter's); and WHEREAS, Government Code Section 27281 provides that deeds conveying any interest in real property to the City for public purposes cannot be accepted for recordation without the consent of the City evidenced by a certificate of acceptance attached to or printed on the deed; and WHEREAS, Government Code Section 27281 further provides that the City may accept deeds conveying interests in real property by action of the City Council; and WHEREAS, in order to provide for the orderly and efficient execution of documents relating to the acquisition of property for the McCarrell Canyon Storm Drain Project, the City desires to authorize the City Manager to execute documents necessary to effectuate the acquisition by and conveyance to the City of interests in real property needed for the McCarrell Canyon Storm Drain Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council does hereby find that the above recitals are accurate and are hereby incorporated and made part of this Resolution by reference. R6876-0001\1006848v2.doc Section 2. The City Council hereby accepts the interests in real property conveyed by (a) the Amendment to Easement dated October 16, 2007, amending the storm drain easement granted by Bay Club to the City (the "Amendment to Easement"), (b) the Grant Deed of Easement dated October 16, 2007, from the Bay Club to the City for storm drain purposes (the "Bay Club Grant Deed of Easement"), and (c) the Grant Deed of Easement dated February 15, 2008, from St. Peter's to the City for storm drain purposes (the "St. Peter's Grant Deed of Easement"). The Amendment to Easement is attached hereto as Exhibit "A" and incorporated herein by this reference. The Bay Club Grant Deed of Easement is attached hereto as Exhibit "B" and incorporated herein by reference. The St. Peter's Grant Deed of Easement is attached hereto as Exhibit "C" and incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to execute the Certificates of Acceptance attached to the Amendment to Easement, the Bay Club Grant Deed of Easement, and the St. Peter's Grant Deed of Easement. Section 4. The City Council hereby consents to the recordation of the Amendment to Easement, the Bay Club Grant Deed of Easement, and the St. Peter's Grant Deed of Easement. Section 5. The City Clerk shall certify to the adoption of the Resolution and shall cause the Resolution and her certification to be entered in the Book of Resolutions of the Council of the City. PASSED, APPROVED, and ADOPTED this 4th da of M. ch 20e ,.- ) too Mayor Attest: g,,,,,,„ / ,I // /, 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. 2008-15 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 4, 2008. , / /, City Clerk. Resolution No. 2008-15 Page 2 of 2 R6876-0001\1006848v2.doc - This page is part of your document- DO NOT DISCARD A!mg:- Zooso779397 010 Pages: II II I I II III I I I II IiiIIIIllUIllU tl Recorded/Filed in Official Records Fee: 0.00 Recorder's Office, Los Angeles County, California Tax: 0.00 Other: 0.00 05/02/08 AT 09:28AM Total: 0.00 1909503 200805020010007 Mail TITLE(S) 1111111111111111110 H 4 L E A D S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - £z„�, THIS FORM IS NOT TO BE DUPLICATED - r RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: 05/02/08 City Clerk VERNMS City of Rancho Palos Verdes 30940 Hawthorne Boulevard �,�8�77g397 Rancho Palos Verdes, CA 90275-5391 2 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to Government Code§6103 Documentary Transfer Taxes is:$0.00 AMENDMENT TO EASEMENT This Amendment to Easement ("Amendment") is made as of October 16, , 2007 by and between PALOS VERDES BAY CLUB, INC., a nonprofit California corporation ("Grantor"), and the CITY OF RANCHO PALOS VERDES, a municipal corporation of the State of California("City"), with reference to the following: A. The Grantor has previously granted to City an easement for storm drain purposes over that certain property described in Exhibit"A" attached hereto and pursuant to that certain Grant Deed of Easement from Grantor to City and recorded as Instrument No. 05-2178412 in the Official Records of Los Angeles County (the"Grant Deed"). B. Grantor and City desire to amend the Grant Deed to revise the easement granted thereby. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct, and incorporated herein. 2. Amendment to Easement. The Grant Deed is hereby modified to insert the following language: (a) "The easement herein described has been granted by Grantor to the City of Rancho Palos Verdes, a municipal corporation of the State of California, in perpetuity." (b) "The Grantor agrees for itself, and its successors and assigns, not to construct, erect, place or maintain, nor to permit the construction, erection, placement or maintenance, of any permanent or temporary building, improvement, or structure upon the property described in Exhibit "A" attached hereto, other than those of the type located on such R6876-0001\1004189v4.doc 1 of 8 e i . . .3 t property as of October 16 , 2007 (e.g., landscaping, hardscaping, parking lot and private driveways and roads)." 3. Force and Effect. Except as modified by this Amendment, the Grant Deed remains in full force and effect. 4. Counterparts. This Amendment may be executed and acknowledged in one or more counterpart copies, which counterpart copies, when fully executed by both parties hereto shall collectively constitute one fully executed agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first set forth above. CITY OF RANCHO PALOS ',ID ES PALOS VERDES BAY CLUB, INC., a munici p.1 co ••• ation a nonprofit California corporation ti w ,, BY: BY: THOMAS D. LONG [Name]/ /,. s4 '1i A4a. MAYOR 7'°1' BY: ., [Name] wa 4/# rn Gr. W [Title] 7-X0/9-51 az"-a ATTEST: 1 4,/ ‘24A,e.elle- CARLA MORREALE CITY CLERK Approved as to Form: BY:_,.....:44C____ "1 _ .._ CAROL W. L 0, H CITY ATTORNEY R6876-0001\1004189v4.doc 2 of 8 1 1 1 t STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On t9iWt'i/(, , before me, e;f a O( d' , a Nota Public in and for said �.� Notary state, ersonal� appeared fi4 (c "'♦ c- :-: • • - or p y pp � �i � proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NAV- ' - edA4 Pr % Com i' 170290$ Notary Public in and for said State : ' Nota( blic•California ', •, •3 Angeles Count Comm Fx }lres Nov 7 2Q10 • Co 11i • MIMS Notary Public•CalNerniat g + 1 Los Angeles County .. IVlyt Corm Expires Nov 7,2010 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) °natter/4 be f o r , � Morr&k, a N o t ary Public in and for said state, persona a pp eared Ii I i known to mo.(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. e v = Commission#t 1702993 y r Li4WeAd(--- Notary Public in and for said State Notary Public-California Los Angels County *Comm Expires Nov7,2010 R6876-0001\1004189v4_doc 3 of 8 ' s STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On /0, 1 before 7)Ofljz5 me a , = rre e a Nota Public in and for said state, personally a pp eared � � p ersonall personally known to me(' . e =- - �a- - =- - - -- - -' �n = •�-� - to be the person whose a . name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. &ift-e6L. 1 7O2 Notary Public in and for said State Wary Public Cafifornia .. i Los Angeles County - OpiesNas SOS R6876-000111004189v4.doc 4 of 8 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The following portion of Tract 28905, as recorded in Book 727 Pages 65 et seq. in the office of the Los Angeles County Recorder on August 19, 1964, to wit: BEGINNING AT the northwesterly corner of said Tract,thence; N 79°31'36" E 464.17 feet along the northerly line of said Tract to the most northeasterly corner of said Tract, thence; S 11°02'18" E 189.25 feet along the easterly line of said Tract,thence; Continuing along the easterly line of said Tract, S 0°37'15"W 270.18 feet,thence; Continuing along the easterly line of said Tract S 4°54'25"E 168.30 feet,thence; Continuing along the easterly line of said Tract, S 9°25'55"E 134.78 feet,thence; Continuing along the easterly line of said Tract, S 13°30'50" E 131.87 feet, thence; Continuing along the easterly line of said Tract, S 8°21'20" W 91.20 feet,thence; Continuing along the easterly line of said Tract and the westerly prolongation of the southerly right-of-way line of Sea Cove Drive, as shown on the final map of said Tract, S 49°30'00" W 40.00 feet,thence; Continuing along the easterly line of said Tract S 40°30'00" E 40.00 feet,thence; Continuing along the easterly line of said Tract N 49°30'00" E 40.00 feet,thence; Continuing along the easterly line of said Tract S 40°30'00" E 240.00 feet,thence; Continuing along the easterly line of said Tract S 30°10'00" E 165.91 feet to the most southeasterly corner of said Tract,thence; S 59°50'00" W 147.70 feet along the southerly line of said tract, thence; Continuing along the southerly line of said Tract S 56°39'40" W 434.29 feet,thence; Continuing along the southerly line of said Tract S 65°50'00" W 176.00 feet to the most southwesterly corner of said Tract, thence; N 6°27'47" W 521.76 feet along the westerly line of said Tract to the southerly right-of-way line of Sea Cove Drive, as shown on the final map of said Tract,to a point of cusp with a curve concave to the northwest having a radius of 72.00 feet and to which beginning a radial line bears S 30°13'15"E,thence; 5 of 8 R6 876-0001\100418 9v4.doc . 1 Continuing along the southeasterly line of the bulb of the intersection of Sea Cove Drive and Coastsite Drive, as shown on the final map of said Tract, northeasterly along said curve 96.32 feet through a central angle of 66°16'42", to the beginning of a line radial to the preceding curve, thence; N 83°30'03"E 2.36 feet, thence; S 6°29'57" E 264.59 feet, to a tangent curve concave to the northeast having a radius of 77.00 feet, thence; Southerly, southeasterly, easterly and northeasterly along said curve 180.78 feet through a central angle of 134°31'07" to the beginning of a reverse curve concave to the southeast having a radius of 588.00 feet, a radial line through said reverse curve bears S 50°58'54" E, thence; Northeasterly along said reversing curve 226.10 feet through a central angle of 22°01'53", thence; N 61°02'59"E 110.97 feet, to a tangent curve concave to the east having a radius of 77.00 feet, thence; Northeasterly, northerly and northwesterly along said curve 171.80 feet through a central angle of 127°50'13", thence; N 66°47'14" W 30.59 feet,to a tangent curve concave to the west having a radius of 123.00 feet, thence; Northwesterly, northerly and northeasterly along said curve 215.19 feet through a central angle of 100°14'17" to the beginning of a reverse curve concave to the west having a radius of 77.00 feet, a radial line through said reverse curve bears S 56°32'57"E,thence; Northerly along said curve 63.12 feet through a central angle of 46°57"53", thence; N 13°30'50" W 25.62 feet to a tangent curve concave to the east having a radius of 1323.00 feet, thence; Northerly along said curve 94.26 feet through a central angle of 4°04'55", thence; N 9°25'55" W 39.19 feet to a tangent curve concave to the east having a radius of 1323.00 feet, thence; Northerly along said curve 104.49 feet through a central angle of 4°31'30", thence; N 4°54'25" W 66.30 feet to a tangent curve concave to the east having a radius of 1123.00 feet, thence; Northerly along said curve 108.35 feet through a central angle of 5°31'40", thence; N 0°37'15" E 164.41 feet to a tangent curve concave to the east having a radius of 477.00 feet, thence; 6 of 8 R6876-0001\1004189v4.doc l Northerly along said curve 97.28 feet through a central angle of 11°41'07", thence; N 11°03'52" W 4.55 feet to a tangent curve concave to the southeast having a radius of 77.00 feet, thence; Northerly, Northwesterly and westerly along said curve 120.16 feet through a central angle of 89°24'32", thence; S 79°31'36" W 325.85 feet to the easterly right-of-way line of Coastsite Drive, as shown on the final map of said Tract,thence N 6°44'54" E 10.13 feet along the easterly right-of-way line of Coastsite Drive, as shown on the final map of said Tract to a tangent curve concave to the west having a radius of 45.00 feet, thence; Northerly along said curve 53.63 feet through a central angle of 68°16'45" TO THE POINT OF BEGINNING. A radial of said curve to the point of BEGINNING bears N 28°28'09". Said portion of Tract 28905, as described above, contains 5.903 acres, more or less. 7 of 8 R6876-0001 tl 004189v4.doc l' 1 4 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Amendment to Easement dated as of October 16, 2007, made by Palos Verdes Bay Club, Inc., a nonprofit California corporation, in favor of the City of Rancho Palos Verdes, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by Resolution No. 2008-15 of the City Council of the City of Rancho Palos Verdes adopted on March 4, 2008, and the grantee consents to the recordation thereof by its duly authorized officer. Dated as of: LA—__ , 2008. A_S _ _A A Carolyn Lehr, ity Manager ATTEST: &A/a_ / Carla Morreale, City Clerk • ACKNOWLEDGMENT State of California ) County of D5 4- &k-S r1 before me Mo rr Nokivy ?bJ On o b (insert name and title of the officer) personally appeared 1co r1 r p Y pp who proved to me on the basis of satisfactory evidence to be the person if whose nameV) is/a• subscribed to the within instrument and acknowledged to me that J he/th executed the same in J er/tb ir'authorized capacity(ie ) and that byliTher/tbeirsignaturecirron the instrument the person 8% 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 paragraph is true and correct. WITNESS my hand and official seal. r *`►` Corn •t• i 170 • 3 • . PubIIc-C• fornbo V-0+,j` Los Angele ounty My • •.• =,Nov 7,2010 Signature (Seal) Signature of Notary Public i� , Commission 0 1702993 Notary Public.California !O$ bias Coup roPkes fN1►taoi�nt, i� yvo2me 8 of 8 R6876-0001/10041 89v4.doc A EXHIBIT"B" Grant Deed of Additional Easement, Legal Description of Easement, and Engineering Drawings R6876-0001\1004189v4.doc 1 • - This page is part of your document- DO NOT DISCARD - ��: 20080779398 007 es: II I III Recorded/Filed in Official Records Fee: 0.00 Recorder's Office, Los Angeles County, California Tax: 0.00 Other: 0.00 03!02108 AT 09:28AM Total: 0.00 1909504 200805020010007 Mail TITLE(S) :". L E A D 11 111 1110 II 01 11 H S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - F211663 THIS FORM IS NOT TO BE DUPLICATED - 5. , } RECORDING REQUESTED BY: 05102/0$ WHEN RECORDED MAIL TO: City Clerk City of Rancho Palos Verdes 200$0779398 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 Section 6103 The undersigned grantor(s)declare(s): Assessor's Parcel No.: 7573-012-11 through 250 Documentary transfer tax is$0.00 Project No. &Name: Palos Verdes Bay Club ( ) computed on full value of property conveyed,or Storm Drain ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated are: (x)City of Rancho Palos Verdes,and V i GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Palos Verdes Bay Club,Inc.,a nonprofit California corporation("Grantor"),hereby GRANTS in perpetuity to the City of Rancho Palos Verdes,a municipal corporation of the State of California,the following described real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California: An easement for storm drain purposes, including construction,maintenance, inspection,removal and replacement of storm drain facilities over,under and upon that property described in Exhibit"A"attached hereto(the"Property"). Exhibit`B"attached hereto is attached for clarity only. The Grantor agrees for itself,and its successors and assigns,not to construct,erect,place or maintain,nor to permit the construction, erection, placement or maintenance, of any permanent or temporary building, improvement, or structure upon the Property,other than those of the type located on the Property as of the date hereof(e.g., landscaping,hardscaping,parking lot and private driveways and roads). [SIGNATURES ON FOLLOWING PAGE] 1of5 R6876-0001\1004189x4.doc DATED: (J�C,�l ber /��� 02f/o7 PALOS VERDES BAY CLUB,INC.,a nonprofit California corporation STATE OF CALIFORNIA ) By: �i��/s __, / if'�� COUNTY OF LOS ANGELES ) �-Y� �, J Name: //��C i SS',� On j9i*�'r /� &Ot � before me, (Type or Print Name) C et idea rreaje___ ,a Notary Public,pe sonally appeared /K�1`S'Sat Title:ii9,eese,t) j , , (T ,- o (or proved to me on the basis of satisfactory evidence)to be the person whose namefaj'is/are subscribed to the within B � L instrument and acknowledged to me thatleishe/tkcy' 7 (Signature) executed the same in 1itliher/tbzif authorized capacityciasj, and that by lOrther/tlyzlr signature(eon the instrument the Nye: )!.( person�a'j,of the entity upon behalf of which the person Na (Type or Print me acted,executed the instrument. Title: TZ& $t)r �Q WITNESS my han and official seal (Type or Print) ("fait_ 21,4“-Eile-- rig.' Commission• 1702419$ 1 , Notary h+bNc•California Low ' Los AnpNes County �i?onri�.ipY�Mov7.f010 2 of 5 R6876-0001\1004189v4.doc . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,• A A.,®. .t.e��O,.....► _�`_,N:4 <-41.,...:-,:-.. ._®O\'ii.,a_ .--4.,.:-.:-..—4-i\---4....---\-- \a' _'�y_� iii• _\._,,_?7 g r _ _ .. , ioe I I State of California ss. County of IjD5241lL(e3 1 i /4b(C&k!On c60 before me (1V1tt ,, , , . 1)4-bit' Date I Name and Title of Officer(e.g.,"Jane Doe,Note Public") personally a eared (LAi11O1'flr p Y pp , g 4 Name(s)of Signer(s) Ol El personally known to met ci Yi , [roved to me on the basis of satisfactory 1 i evidence 1 4 to be the personwhose nameca'j i i .. . .71 r subscribed to the within instrument and '� Commission 170z�l� acknowledged to me that he/ executed oj A Notary Public•California 4� • 1 Los ! the same in his/Ieerr-/h +r- authorized .� \ � An�h�: County 0j q PAVCommbPimit4m7.2010 capacitycie< and that by his/h.-.r/th._it._ 01 signature'on the instrument the person, or a' i the entity upon behalf of which the person fey' �!ol acted, executed the instrument. I, WITNESS my hand and official seal. oi ,i li G� _ i f ',' Place Notary Seal Above edit-E.A._ Signature of Notary Public Pi 1. OPTIONAL i. Though the information below is not required by law, it may prove valuable to persons relying on the document :� % and could prevent fraudulent removal and reattachment of this form to another document. I } it Description of Attached Document i Title or Type of Document: 1'l Document Date: Number of Pages: ', A Signer(s) Other Than Named Above: ;, i1. Capacity(ies) Claimed by Signer ;j • Signer's Name: RIGHT THUMBPRINT ❑ Individual OF SIGNER l i' f Top of thumb here ❑ Corporate Officer—Title(s): a; (, ❑ Partner—❑ Limited ❑ General It, ❑ Attorney in Fact ❑ Trustee 3. ' ❑ Guardian or Conservator • ❑ Other: i; Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 r Exhibit"A" Legal Description of the Property That portion of Lot 1, Map No. 28905, in the City of Rancho Palos Verdes, State of California as recorded in Book 727, page 65, et seq. in the office of the Los Angeles County Recorder on Aug. 19, 1964, described as follows: Commencing at the most southerly corner of said Lot 1, thence North 06°27'47" West 521.76 feet along the westerly line of said Tract to the southerly line of Sea Cove Drive, being a point of cusp of a 72.00-foot radius curve concave northwesterly, a radial to said point bears South 31°05'15" East; thence continuing along the arc of said curve through a central angle of 20°4T20", a distance of 26.02 feet to a point of intersection with a line that bears North 06°27'47" West in Seagate Drive, designated as Private Street in said Tract, said line being 23.00 feet westerly from the easterly sideline and 19.00 feet easterly from the westerly sideline of said Seagate Drive;thence leaving said curve South 06°27'47" East 210.99 feet to the beginning of a tangent 100.00-foot radius curve concave northeasterly;thence southeasterly, easterly and northeasterly along said curve through a central angle of 134°31 '07", a distance of 234.78 feet to the beginning of a reversing 565.00-foot radius reversing curve concave southeasterly; thence northeasterly along said curve through a central angle of 22°01'53", a distance of 217.25 feet; thence North 61°02'59" East, 110.97 feet to the beginning of a tangent 100.00-foot radius curve concave northwesterly; a radial to said point bears South 28°57'01" East; thence leaving said last point North 28°57'01" West, 23.00 feet to the northerly side line of said Seagate Drive, said point being also the beginning of a 77.00-foot radius curve, concave northwesterly; thence northeasterly along the arc of said 77.00-foot radius curve through a central angle of 13°03'10", a distance of 17.54 feet to the TRUE POINT OF BEGINNING; thence continuing along said 77.00-foot radius curve and sideline of said Seagate Drive through a central angle of 114°47'03", an arc distance of 154.26 feet;thence tangent from last curve and continuing along the sideline of Seagate Drive North 66°47'14" West, 30.59 feet to the beginning of a tangent 123.00-foot radius curve concave northeasterly; thence northwesterly along the arc of said curve through a central angle of 08°57'42", a distance of 19.24 feet; thence leaving the side line of said Seagate Drive South 23°59'37" East, 163.07 feet to the TRUE POINT OF BEGINNING. Said portion of Lot 1, Map No. 28905 described above, contains an area of 5,886 square feet, more or less. 3 of 5 R6876-000111004189v4.doc 6,0 , . ., , f t Exhibit "B" Site Map of Property • . , . L.,-- R • k a- eo 0 rno S :7("j i 0 PI M • ...\ '%• N. -.1 7- .4 Z S S cP V • •ZOT91. • 3„Zs.ssoers „a r U e iu 0a O EN I c . u1 Q q_ •c9�; s� ea.s E .� 1 s--:::N,A t 1 • —1 .. t V-'''.('`-. .r.mod z�♦.?Q G/ 1 g. s' � l ¢ �W -r and`G� m E � `' E U . Pr 8 i N O W ~ 1 '►�.. aQ a Tg U o, y r -f�.;,. 3§ C7. H o•o o•d a � N . „.bi i i I zr. lti -.J Stu 4; k%:_f roi. g 2 ,,,,,_ ,_ _ , „ . 1dr,---) . A j: ; .�. !ii !I w i T g N.M �.: N Y '^1141 O tttddd(p �p Q i!1!1�A M[V Q ti�}ti m tC v zz'42. z } o • 0 g end • v'Al .x2.: 1 W0 e � 'L n w }' W' r i E— O U B W Z .. ,J u O. Z w N 3 d a 1 .J l V •IPJi'! 4 o a 4 }pa do I 1 • dF- '\ '8-4'4, u- � e 1.0..Fli Cr) ` / ,'$qq, lLAJ • w m (.2 *-4, ' ( 1 i '''N4' 464Pzql P g ; �f 4 s �aQQn N ra I.Rji ( _ { • • 4 of 5 R6876-0001\1004189v4.doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Grant Deed of Easement dated as of October 16, 2007,made by Palos Verdes Bay Club, Inc., a nonprofit California corporation, in favor of the City of Rancho Palos Verdes, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by Resolution No. 2008-15 of the City Council of the City of Rancho Palos Verdes adopted on March 4, 2008, and the grantee consents to the recordation thereof by its duly authorized officer. Dated as of: I. ice_� Yi,2008. Carolyn Lehr, City Manager ATTEST: /1 // Carla Morreale, City Clerk ACKNOWLEDGMENT State of California ) County of LOS nrIfele.5 On ri g aôôs before me, _(-4-Y 6t- Mo meak> ? bi 'C (insert name and title of the o icer) personally appeared 0_0,1'01/(d-11 L-ekr who proved to me on the basis of satisfactory evidence to be the person whose name(si'is/4. subscribed to the within instrument and acknowledged to me that her/she/they-Executed the same in Jii-s/her/theirauthorized capacity(Krsl, and that by lxfs/her/ther-signaturecs-ron the instrument the personor 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. f r � c • MOM S ! Los Angeles Courtly M � Signature ����%r-o�-- (Seal) Signature of Notary Public 5 of 5 R6876-000 1/1004189v4.doc - This page is part of your document- DO NOT DISCARD �` 20080809983 Pages: 019 111111111111111110111 IIllIUUUUhI IIIIIliI Recorded/Filed in Official Records Fee: 0.00 Recorder's Office, Los Angeles County, California Tax: 0.00 05/07/08 AT 12:57PM Other: 0.00 Total: 0.00 1923501 200805070040026 Counter TITLE(S) : - A Y L E A D S H E E T Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - E132731 THIS FORM IS NOT TO BE DUPLICATED - RECORDING REQUESTED BY F 05/07/08 WHEN RECORDED MAIL TO 11111011111 NAME din) op gAitito FAL05 veurs 20080809983 ADDRESS 3o9q0 4f4L4J1171oAE utto, CITY,STATE RANC1/0 P406 VER065,04 21P CODE ?o25ä39I SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) e; 5HE?L/T SaluQns Ls.201 EASEMENT AGREEMENT BETWEEN CITY OF RANCHO PALOS VERDES AND ST. PETER'S BY THE SEA PRESBYTERIAN CHURCH THIS AGREEMENT is made and entered into this 15th day of February 200 8 (the Effective Date"), by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation of the State of California ("City"), and ST. PETER'S BY THE SEA PRESBYTERIAN CHURCH (formerly known as ST. PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH), a corporation ("St. Peter's"); City and St. Peter's are referred to herein individually as a"Party" and collectively as the "Parties"with respect to the following: RECITALS: This Agreement is predicated upon the following facts: A. St. Peter's is the owner of the land described on Exhibit "1" and the improvements thereon inclusive of buildings, hardscape, and landscaping as those terms are defined in Section 3 herein (the "Property") commonly known as 6410 Palos Verdes Drive South, Rancho Palos Verdes, CA 90275. B. In prior winter rains, inflows from adjacent land have overwhelmed drainage facilities on the Property. C. The City is in the process of improving its storm drain facility located in McCarrell Canyon. The proposed design will include storm drain facilities (the "Improvements") to convey drainage through the Property, thus improving drainage on and across the Property. D. St. Peter's is willing to grant to the City an easement for storm drain purposes on portions of the Property on the following terms and conditions. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and in consideration of the performance by the Parties of the mutual promises, covenants, and conditions herein set forth, the Parties hereto agree as follows: Section 1. Easement. (a) St. Peter's shall grant an easement to City so that City will be able to construct and maintain the Improvements on the Property (the "Easement"). City shall prepare, at City's expense, the Easement documents (in the form and substance attached hereto as Exhibit "2") for review and approval by St. Peter's, and thereafter, recordation of the Easement documents by City at City's expense. (b) The Easement granted pursuant to subsection (a) of this Section shall be for storm drain purposes, including construction, maintenance, repair, inspection, removal and replacement of any and all storm drain facilities over, under and upon the property subject to the Easement. The Easement shall include a provision that restricts St. Peter's from constructing any 979576v6 1 ti new improvements other than the type of basic improvements currently in place within or upon the easements. This provision shall not prevent St. Peter's from repairing or replacing existing improvements. Section 2. Consideration. (a) As consideration for entering into this Agreement, City shall make to St. Peters a one-time lump sum payment of twenty-five thousand dollars ($25,000.00) due and payable within fifteen(15) days of the Effective Date of this Agreement. (b) As additional consideration, City shall make improvements to the driveway along the eastern border of the Property line by installing a drop inlet along with approximately ten (10) feet of associated pipe connecting it to the Improvements, at an estimated cost of eight thousand dollars ($8,000.00). A copy of the plans shall be provided to St. Peters prior to construction. Section 3. Construction. (a) City shall obtain all permits and approvals necessary for the construction of the Improvements, including environmental approvals, and shall construct the Improvements in a good and workmanlike manner. After construction, City shall properly maintain the Improvements as part of City's storm drain system. (b) As used in this Section, these terms shall have the following meanings: (i) "Easement" shall mean the easement granted by St. Peter's to the City pursuant to Section 1 of this Agreement. (ii) "Buildings" shall mean structures that have a roof and walls, including single structures and connected structures. (iii) "Landscaping" shall mean improvements to the Property that are not Buildings or Hardscape, including but not limited to the irrigation system, lawn,plants, or trees, or a combination thereof. (iv) "Hardscape" shall mean any sidewalks, curbs, driveways, lights, parking lots, streets or private roads, or a combination thereof. (c) City shall bear all expenses for the cost of construction of the Improvements by City. City shall also bear all expenses for the cost of any restoration of the Property arising out of or relating to the Improvements, including, but not limited to any environmental restoration and cleanup and removal of any hazardous substances, when that restoration is necessary to return the Property to at least the same quality or condition that existed immediately prior to any construction, maintenance, repair, inspection, removal or replacement of the Improvements by City; provided, however, that the City shall not bear any expense and shall not be responsible for performing any slurry sealing and re-striping of any driveways, parking lots, streets or private roads as part of the restoration that will follow the initial construction of the Improvements except for those areas within the Easement directly impacted by construction. The manner in which restoration of any individual part, item or element comprising the Property will be accomplished (that is, whether by reinstallation, repair or replacement) shall be determined in good faith by the City and provided in writing to St. Peter's (the "Restoration Notice"). Such restoration shall not be performed without the written consent of St. Peter's, which written consent shall not be unreasonably denied and shall be provided to 979576v6 2 i the City within forty-eight (48) hours of St. Peter's receipt of City's Restoration Notice; provided, however, if no response is received by the City within that forty-eight(48)hour period, written consent shall not be required and the restoration shall be deemed approved. If St. Peter's objects in writing to the restoration plan, City may either (1) modify the restoration plan to reasonably conform to St. Peter's request, or (2) perform any undisputed restoration and pay St. Peter's the estimated cost that City would have paid to perform the disputed portion of the restoration as originally proposed by City and City shall have no further responsibility for the disputed portion of the restoration of the Property. (d) City shall cause photographic documentation to be taken of both the inside and outside of Buildings that will be appurtenant to the Improvements prior to the initial construction of the Improvements. City shall also cause photographic documentation to be taken of any hardscape and landscaping that will be disturbed by construction of the Improvements, as well as any hardscape and landscaping that is appurtenant to the Improvements, prior to the initial construction of the Improvements. (e) City recognizes that St. Peter's will continue to conduct activities and provide services to its parishioners and the community. Therefore, City and St. Peter's shall meet and confer about a construction and traffic control plan ("Construction Plan") that reasonably accommodates activities and events at St. Peter's during any construction, maintenance, repair, inspection, removal and replacement of the Improvements located within the Easement. Under that Construction Plan, City shall limit the hours of any construction, maintenance, repair, inspection, removal and replacement of the Improvements located within the Easement to the hours of 8:00 a.m. until 5:00 p.m.,Monday through Friday, inclusive, and, in addition, prior to the start of such activity, the City shall give St. Peter's forty-eight hours advance written notice of the anticipated start and stop date for such construction, maintenance, repair, inspection, removal or replacement of the Improvements located within the Easement (the "Period of Work"); provided, however, in the event of an emergency, the City may conduct emergency activities, whether those emergency activities involve construction, maintenance, repair, inspection, removal or replacement, or a combination thereof, at any time without a Construction Plan and without any advance notice to St. Peter's. (0 City shall conduct its activities related to the Improvements in a manner designed to minimize the disruption of utility services to the Property. In the event the City's activities result in any such disruption for more than six (6) hours, the City and its contractors shall be jointly and severally liable to St. Peter's for any and all damages directly arising from the disruption. (g) City shall conduct its activities related to the Improvements in a manner designed to create a safe and secure work site subject to the indemnity provisions in Section 4 below. (h) During the Period of Work, St. Peter's shall provide forty-eight hours advance written notice to the City of the date and approximate start and end time of any memorial service, wedding ceremony, or baptism ceremony that will be held on St. Peter's Parcel between 8:00 a.m. and 5:00 p.m., Monday through Friday, inclusive. If the City receives such timely written notice, the City shall stop all work on the Property for the date and time period indicated in the notice. 979576v6 3 f 1 (i) City shall keep St. Peter's Board of Directors apprised of the status of the approval and construction processes for the Improvements. In that regard, City shall provide copies of City's plans for the Improvements to St. Peter's and shall timely respond to inquires from St. Peter's Board of Directors regarding the plans and status of the Improvements. 0) The City will manage the construction of the project to the best of its ability to see that the project is constructed in accordance with the approved plans and specifications, unless unforeseen site conditions require a modification to the design. In the event that a modification is required, the City will inform St Peter's of the modification to the design. Section 4. Insurance and Indemnity (a) City shall require any contractor that performs work on the Improvements to include St. Peter's, its Board of Directors, officers, employees, and agents as additional insureds under the contractor's policies of liability insurance and shall require any such contractor to enter into the same indemnity and hold harmless agreement with St. Peter's that it enters into with the City. (b) Notwithstanding subsection (a) of Section 4, City agrees to indemnify, defend and hold St. Peter's harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs but excluding real property or personal property taxes) arising directly or indirectly from the construction, use, maintenance, repair or removal of the Improvements. Nothing in this Agreement shall prohibit the City from seeking contribution from any contractors. (c) Notwithstanding subsections (a) and (b) of Section 4, St. Peter's releases and holds City harmless from any liability, loss, cost or expense arising from any water inflow, flooding, injury, or damage to St. Peter's property that occurred prior to the Effective Date of this Agreement. Section 5. Mutual Representations, Warranties and Covenants The Parties, and each of them,hereby represents, warrants and covenants that: (a) Each of the persons and entities executing this Agreement is duly empowered and authorized to do so; (b) Execution and delivery of this Agreement does not breach or constitute a default under any other agreement, document or instrument by which any Party or its property are bound; (c) Execution and delivery of this Agreement is not in contravention of any law by which a Party or its property are bound; and (d) This Agreement, when signed by all Parties, is a valid and binding agreement, enforceable in accordance with its terms. Section 6. Miscellaneous (a) Hazardous Substances. St. Peter's is not aware of any hazardous contamination, hazardous substances, or hazardous conditions at the Property, and St. Peter's makes no representation or warranty that the Property is free of hazardous substances or that the Property has never been subject to any contamination or hazardous conditions resulting in any 979576v6 4 • environmental investigation, inquiry or remediation; provided, however, if any member of the Board of Directors, officer, employee or agent of St. Peter's has any actual knowledge of, or learns of, any hazardous contamination, hazardous substances, or hazardous conditions at the Property, St. Peter's shall promptly advise City. (b) Maintenance. The maintenance of the filtration devices that will be installed in the catch basins constructed in this storm drain system will be maintained by the City at the City's expense. (c) Notices. Any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (1) in person, (2) by certified mail, postage prepaid, return receipt requested, or (3) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses stated below, or at such other address as either Party may hereafter notify the other in writing as aforementioned: If to City: Public Works Director City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Facsimile: (310) 377-9868 If to St. Peter's: Facilities Manager St. Peter's By The Sea Presbyterian Church 6410 Palos Verdes Drive South Rancho Palos Verdes, CA 90275 Facsimile: (310) 541-5492 Service of any such notice or other communications shall be deemed effective on the day of actual delivery,whether accepted or refused. (d) Applicable Law; Venue. This Agreement shall in all respects be interpreted, enforced and governed by and under the laws of the State of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships solely within the County of Los Angeles, State of California. Venue and jurisdiction with respect to any action, claim or other proceeding arising under or in relation to this Agreement shall be exclusively in the State Courts located within the County of Los Angeles, State of California. (e) Attorneys' Fees. In the event of any dispute, action, proceeding or controversy regarding the existence, validity, interpretation, performance, enforcement or claimed breach of this Agreement, the prevailing party shall be entitled to recover all of the prevailing party's costs, including reasonable attorneys' fees incurred in connection therewith. (0 Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns. 979576v6 5 } , 1 1 (g) Interpretation. None of the Parties hereto shall be deemed to be the drafter of this Agreement, but it shall be deemed that this Agreement was jointly drafted by each of the Parties hereto. The terms of this Agreement shall not be interpreted or construed in favor of, or against, any Party hereto. Should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any Party herein, but rather by construing the terms of this Agreement as a whole according to their fair meaning. (h) Modification. This Agreement cannot be modified or changed except by written instrument signed by all of the Parties hereto. (i) Waiver. The waiver of any provision of this Agreement must be in writing and signed by the party providing such waiver. The waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision of this Agreement. Acceptance of performance after the due date of such performance shall not be deemed to be a waiver of any preceding breach of any provision of this Agreement, regardless of the accepting Party's knowledge of such preceding breach at the time of acceptance of such performance. (j) Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent agreement. In the event that any provision, section, paragraph, sentence, clause or word of this Agreement, or the application thereof, shall to any extent be held to be invalid or unenforceable, the remaining provisions, sections, paragraphs, sentences, clauses and words of this Agreement shall remain in full force and effect, and the application of such provision, section, paragraph, sentence, clause or word to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby. In the event that any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. (k) Further Assurances. The Parties agree to execute such additional documents and perform such further acts as may be reasonably necessary to effectuate the purposes of this Agreement. (1) Relationship of the Parties. The terms and provisions of this Agreement shall not cause the Parties to be construed in any manner whatsoever as partners,joint venturers or agents of each other in the performance of their respective obligations under this Agreement, or subject either party to any obligations, loss, charge or expense of the other party unless the party to be held responsible has independently contracted with the claimant so as to make it directly responsible for the performance and/or payment, as appropriate, of the pertinent obligation, loss, charge or expense. (m) Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of this Agreement. (n) Police Power. Nothing contained herein shall be deemed to limit, restrict, amend or modify, or to constitute a waiver or release of, any ordinances, notices, orders, rules, 979576v6 6 regulations or requirements (now or hereafter enacted or adopted and/or as amended from time to time) of City, or its departments, commissions, agencies and boards and the officers thereof, or any of City's or Agency's duties, obligations, rights or remedies thereunder or pursuant thereto or the general police powers, rights, privileges and discretion of City in the furtherance of the public health, welfare and safety of the inhabitants thereof; provided, however, that City agrees not to take any action to frustrate or hinder the intent or effect of this Agreement, except as expressly provided herein. (o) Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between the Parties respecting the matters herein set forth and supersedes all prior oral or written negotiations, representations, or agreements between the Parties respecting such matters. (p) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same document. [Signatures Begin on Next Page] 979576v6 7 10 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. CITY OF RANCHO PALOS VERDES ST. PETER'S BY THE SEA PRESBYTERIAN a municipal corporation CHURCH, a corporation Formerly known as ST. PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH, BY: . J a corparat'on DOUGLAS STERN ti" /f1 MAYOR BY: 1/� � �'""�144-- [Name] PoF4/d H. j4Ja//&S [Title] Vi�e ptfc;t' 1- BY: [Name]Gc)4-LT�R . ��TF� [Title] ,5'�caETS)61 y Approved as to Form: , Of CAROL W. LYNCH CITY ATTORNEY ATTEST: ' / Cr p 1 tiLieS,C./ CARLA MORREALE CITY CLERK 979576v6 8 t EXHIBIT "1" LEGAL DESCRIPTION OF SERVIENT PROPERTY Real property in the unincorporated area of the County of Los Angeles, State of California, described as follows: THAT PORTION OF LOT 107 OF L.A.C.A. NO. 51, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF TRACT NO. 14649, AS PER MAP RECORDED IN BOOK 345 PAGE 23 TO 26 OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON SOUTHERLY 186.39 FEET FROM AN ANGLE POINT IN SAID BOUNDARY WHICH IS THE NORTHERLY END OF A STRAIGHT LINE THEREIN WHICH HAS A BEARING AND LENGTH OF NORTH 11° 03' 52" WEST 375.66 FEET; THENCE NORTHERLY ALONG SAID WESTERLY BOUNDARY TO THE MOST NORTHERLY CORNER OF SAID TRACT 14649, AND A POINT IN THE NORTHERLY BOUNDARY OF SAID LOT 107; THENCE WESTERLY ALONG SAID NORTHERLY BOUNDARY, BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2475.00 FEET, A DISTANCE OF 425.00 FEET; THENCE ALONG A LINE RADIAL TO SAID CURVE, SOUTH 12° 59' 56" EAST, 385.00 FEET; THENCE NORTH 79° 31' 50" EAST 385.93 FEET TO THE POINT OF BEGINNING. APN: 7573-012-254 979576v6 9 EXHIBIT "2" THE EASEMENT 979576v6 10 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275-5391 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees pursuant to California Government Code Section 6103 Exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922 GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, St. Peter's By The Sea Presbyterian Church, a California corporation, formerly known as St. Peter's By The Sea United Presbyterian Church, a California corporation("Grantor"), hereby GRANTS in perpetuity to the City of Rancho Palos Verdes, a municipal corporation of the State of California(the"City"),for the benefit of the City,the public and the property owned by the City,the following described real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California: An easement for storm drain purposes, including construction, maintenance, repair, inspection, removal and replacement of storm drain facilities over, under and upon that property described in Exhibit "A" attached hereto(the"Easement"). Exhibit"B"attached hereto is attached for clarity only. The Grantor agrees for itself, and its successors and assigns,not to construct, erect,place or maintain,nor to permit the construction, erection, placement or maintenance, of any permanent or temporary building, improvement,or structure upon the Property, other than those of the type located on the Property as of the date hereof(e.g., landscaping,hardscaping,parking lot,retaining walls and private driveways and roads). [SIGNATURES ON FOLLOWING PAGE] 979576v6 11 P ¢ DATED: /� ®� ST.PETER'S BY THE SEA PRESBYTERIAN CHURCH,a California corporation,formerly known as ST.PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH,a California corporati s ff a/oaf...4. 0 STATE OF CALIFORNIA ) By: �` (Signature) COUNTY OF LOS ANGELES ) a//,s Name:Perstrid • Fehr di / bef e me, (Type or Print Name)� � T( Yl� )r rie (insert name and title If the officer) Title: ICS red! 1'17 (Type or Print) personally a pp eared � it• tatitt,5 • By: ,,••• A .+ -►�� -_ ,who proved to me on the basis of (Signature) satisfactory evidence to be the person(01 whose name(4' is/w subscribed to the within instrument and acknowledged Name: C 4 L:7-fr t to me that he/shaLthey.executed the same in his/her' (Type or Print Name) authorized capacity iiesf,and that by his/Iterk4teir signature on the instrument the person(,,or the entity upon behalf of Title: which the person(4f acted,executed the instrument. (Type or rint) I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d"6 LE aidiaar WITNESS my hand and official seal. M ►` Commission 1702993 •? • Notary Public-California Vir 0•) Los Angeles County My Comm.Expires IVoti 7,20 j10 Signature -- Signature of Notary Public (Seal) 979576v6 12 fi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LDS On /' / g before me, Otth - o r ..ie1 { Date Here Insert Name:it'd Title of the Officer 14r personally appeared Q �ier .Name(s)of Sgner(s) who proved to me on the basis of satisfactory evidence to • be the person whose name(i'is/subscribed to the within instrument and acknowledged to me that he/ohe/they-executed the same in his/boa:4.F authorized capacityjae and that by his/lien signatures'on the Omission# 1702993" instrument the person(; or the entity upon behalf of I'' - ,i Notary Public•California which the person( ''acted, executed the instrument. LOS Ang•IOS County t l*CoinntelPlosNov7.20jo 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 egidet:77/Kitee& Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator El Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ✓6�✓��✓��✓G��G��4\��t✓G�✓��✓ice✓��✓��✓ice✓��✓i�✓�\�G\�ice✓ice✓i�✓6\�i�✓ice✓ice✓ice✓ice✓i�✓ice✓i��G�✓i����'���'���'���'���`'�.��'���`'�.�t'���'I��'���':���:��'!��'���': ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 I 6'7 Exhibit"A" Legal Description of the Easement STORM DRAIN EASEMENT IN PORTION OF LOT 107 OF L.A.C.A. NO.51 (APN 7537-012-254) (SAINT PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH) THAT PORTION OF LOT 107 OF L.A.C.A. NO. 51, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF TRACT NO. 14649, AS PER MAP RECORDED IN BOOK 345, PAGES 23 TO 26 OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON SOUTH 11°02'18" EAST (SOUTH 11°03'52" EAST PER TRACT NO. 14649) 186.39 FEET FROM AN ANGLE POINT IN SAID BOUNDARY; THENCE LEAVING SAID BOUNDARY OF TRACT NO. 14649, SOUTH 79°31'36" WEST, 13.65 FEET ALONG THE SOUTHERLY LINE OF THAT LAND DEEDED TO ST. PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH OF WHICH RECORD OF OWNERSHIP EXIST AS OF THE DATE OF THIS INSTRUMENT, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SOUTH 79°31'36" WEST, 15.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 11°02'12" WEST 7.82 FEET; THENCE SOUTH 78°57'48" WEST 23.55 FEET; THENCE NORTH 11°02"12" WEST 21.05 FEET; THENCE NORTH 78°57'48" EAST 23.55 FEET; THENCE NORTH 11°02''12" WEST 97.42 FEET; THENCE NORTH 09°50'57" WEST 173.16 FEET; THENCE SOUTH 80°09'03" WEST 27.86 FEET; THENCE NORTH 09°50'57" WEST 29.07 FEET; THENCE NORTH 75°19'30" EAST 26.33 FEET; THENCE NORTH 14°40'32" WEST 42.60 FEET TO A POINT IN THE ARC OF A 2,475.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 04°24'53" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°21'11" A DISTANCE OF 15.25 FEET; THENCE LEAVING SAID 2,475-FOOT RADIUS CURVE SOUTH 1 14°40'32" EAST 57.14 FEET; THENCE NORTH 80°00'00" EAST 18.68 FEET; THENCE SOUTH 10°00'00" EAST 18.46 FEET; THENCE SOUTH 80°00'00" WEST 18.50 FEET; THENCE SOUTH 09°50'57" EAST 169.84 FEET; THENCE SOUTH 11°02'12" EAST 126.28 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF LOT 107 OF L.A.C.A. NO. 51 DESCRIBED ABOVE, CONTAINS AN AREA OF 7,253 SQUARE FEET, MORE OR LESS. 979576v6 13 . 1. cA cN LEGEND, I f ] RECORD PER MAP 14649 souTw -rill i �Es DR- -- RECORD PER DEED TO ST. l.t X425.40`(C1� �� �� PA ° ,19" 8=2475 L C4 VO PETER'S BY THE SEA UNITED ;09 50 p.90 (C2} PRESBYTERIAN CHURCH. D R=2475 L..37 Q=�8.3510" o� w TPOB TRUE POINT OF BEGINNING 5 LU Q INDICATES EASEMENT AREA IN A FOR INFORMATION ON , A 0 0 PORTION OF LOT 107, L.A.C.A. ?� BOUNDARY OF EASEMENT �" r., "°�CC NO. 51, CONTAINING w 4 AREA HATCHED SEE � � APPROXIMA TEL Y 7253 SF. ° (HATCHED), = —'`�-----• PAGE TWO w� z COURSE TABLE a NO. BEARING DISTANCE _ w PORTION OF LOT �.�. --- L1 N79°31'3&E[[N79°31'S0'E]J 385.80' [[385.931]] o 107 ° o • N11 0218'W N110352'WJ 186.39 T.i j fAPN 7678 C?12 264)::: N79°31'36"E 357.15' � � r � �• F--+ L4 N79°31'36"E 15.00' N i ' F-, ►�, �. -P L5 N79°31`36"E 41 ' O `b 13.65' l'... 0 ►-t C T9, -�.,�- $E� N CURVE TABLE Der / - cu NO. DELTA RADIUS LENGTH as L3 1-1 A y ! �r - C1 A=09°50'19" 2475.00' 425.00' SCALE DETAIL w`�� C2 A=08°35'10" •2475.00' 370.90' 7" = 100' 1.3 ��--C3 A-00°21'11" 2475.00' 15.25' r C4 A=00°53158" 2475.00' 38.85' DRIVE AGATE ETl s� stR� RADIAL COURSE TABLE in IVATE ' 1"' ��� 7R C O. �89� NO. BEARING --u 7 N '� R1 N04°24'53"W r. R2 , N04°03'42"W CO a ��o o SL,Q 0\ . sG" ,� 0 This Exhibit was prepared by '' " • e or under _t y directi a n. NO. L5398 II I HARRIS&ASSOCIATES EXHIBIT "A" TO ACCOMPANY DESIGNED DRAWN CHECKED -- f . ' * EXP. 9-30-08 750 g Sired,S s 1500 LEGAL DESCRIPTION OF EASEMENT BY BY BY .41,_, i ; f LA( l . 14, ,, Q' So a+�p,CA 92101 FOR ST. PETER'S BY THE SEA NB BP NB Saturnino T. ,• uil, y DATE of co,' PG tti (610236-1778•(619)236-1179 CHURCH STORM DRAIN -:1; e► 1_-• 4- •• L.S.5398 i 9-30-08 1 OF 2 r r.■rte - ,. S !• 4 J - J c ?a CD FOR INFORMATION ON °, m -0 I 'E BOUNDARY PAGE OF ONE $ v LOT, SEE N �.. 1,, VI 1 oi o w � i 1 � v L.A.C.A. ��a � R-�I : ; °Liz7 5 s� 1,13 . 53 o �j c.„, R2 ,O, to 73•'6' 1 Ni. - .:i.1 0 tJ . N�► �► � � � 182.01' '� �►. ° " 03 D9 58'W1 e ® RAD. L6 �► NO3 0 944W( LN 11't , n 6.2a 12 N'�1°p2�12 'tg6.3�'(L2� I O ti� "': N11°0352- ° ,1a� � � � �, tT1 �1102 limilligilla TRACT NO, ` ,.b 4 Ei P COURSE TABLE � '—' NO. BEARING DISTANCE L,FGEND N O eY: cil L1 N79°31'361 F79°31'50'ED 385.80' [[385.93']) 7 ;SCALE O b L2 N11°02'18'W(N11°03'5?WJ 186.39' .1 RECORD PER MAP 14649 1 = 50 -+, ,.� n L3 N79°31'36"E 357.15' N 0 L4 N79°31'36"E 15.00' IT B RECORD PER DEED TO ST. PETER'S BY THE SEA UNITED PRESBYTERIAN CHURCH. C L5 N79°31'36"E 13.65' `C TPOB TRUE POINT OF BEGINNING L6 N11°02'12'W 7.82' L7 N78°57'48"E 23.55' INDICATES EASEMENT AREA IN A PORTION OF LOT 107, L.A.C.A. NO. 51, CONTAINING L8 N 11°02'12'W 21.05' 11 APPROXIMATELY 7253 SF. L9 N78°57'48"E 23.551 L10 N80°09'03"E 27.86' ___ L11 N09°50'57'W 29.07' CURVE TABLE RADIAL COURSE TABLE L12 N75•19'30"E 26.33' _ NO. DELTA RADIUS LENGTH NO. BEARING L13 N1a°40'32"Illl _ 42.60' C1 A=09050'19" 2475.00' 425.00' L14 N14°40'32'W 57.14' ° , „ , , R1 N04°24'53'W D C2 A=0803510" 2475.00 370.90 - ° . , „ �a 44? L15 N80°00 001.E 18.68'; C3 A=0.0°21'11" 2475.00' 15.25' R2 N04 03 42 W c, N o TL 16 N 10 0000 W 18.46 j, r `rG L17 N80°00'00°E 18.50' C4 A=00°53'58" 2475.00' 3.8.85' This Exhibit was prepared by _'`') t 1) me or under my direction. NO. L5398 HARRIS&ASSOCIATES EXHIBIT "A" TO ACCOMPANY DESIGNED DRAWN CHECKED , P ` 1 * EXP. 9-30-08 *8 Snot,Still 1600 LEGAL DESCRIPTION OF EASEMENT BY: BY: BY: . i1, ,(+, m �i Z'd ►I• s), � Ill San oloyo, 92101 FOR ST. PETER'S BY THE SEA NB BP NB Saturnino T. °-uiI DA E. "a' oQ� op cAO PG L S 5398 E p.9-30-08 OF 2 (619)236-1TJ$+(619)236-1119 CHURCH STORM DRAIN i PREPARED ON 12-24-2007," le\ CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Grant Deed of Easement dated as of February 15, 2008, made by St. Peter's By The Sea Presbyterian Church, a California corporation, formerly known as St. Peter's By The Sea United Presbyterian Church, a California corporation, in favor of the City of Rancho Palos Verdes, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by Resolution No. 2008-15 of the City Council of the City of Rancho Palos Verdes adopted on March 4, 2008, and the grantee consents to the recordation thereof by its duly authorized officer. Dated as of: a ,2008. V Carolyn Lehr, ity Manager ATTEST: .1/ Carla Morreale, City Clerk ACKNOWLEDGMENT State of California County of ZS 5 4iqel€s On 47I7C � 020DY before me, CLYAL Morreede NOJtV/ Abb?:_ (insert name and title of the officer) personally appeared Caro! /fl �-�'c r who proved to me on the basis of satisfactory evidence to be the person whose name(s) subscribed to the within instrument and acknowledged to me that.kteshe/tkey-executed the same in hisfiier/theirauthorized capacity(iesj; and that by has9her/tsignaturecsron the instrument the person(‹Or the entity upon behalf of which the person0(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. "4.11?rrs- Commission# 1702993 Notary ��r.j Los A Public-California Angeles County MV COMM.Expires NOV T.2010 i Signature .��! Akl .��� ' (Seal) Signature of Notary Public 16 979576v6