RDA RES 2011-006 RESOLUTION NO. RDA 2011-06
A RESOLUTION OF THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY AUTHORIZING THE
AGENCY'S APPROVAL OF A MAINTENANCE
EASEMENT AGREEMENT WITH THE CITY OF RANCHO
PALOS VERDES REGARDING AGENCY-OWNED
PROPERTY.
WHEREAS, in 1987, the subject property, Lot 1 of Parcel Map No. 17161
("Property"), was conveyed by Transamerica to the Rancho Palos Verdes
Redevelopment Agency ("Agency"); and
WHEREAS, the Property is within the active portion of the Portuguese Bend
Landslide and moves several feet each year; and
WHEREAS, portions of Palos Verdes Drive South are located on and adjacent to
the Property and storm drain facilities are also located on the Property, both of which
the City of Rancho Palos Verdes ("City") may maintain from time to time; and
WHEREAS, the Agency now wishes to enter into a maintenance easement
agreement memorializing the existing arrangement between the City and the Agency.
NOW, THEREFORE, THE RANCHO PALOS VERDES REDEVELOPMENT
AGENCY 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 Agency Board of Directors, 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 Agency the A ency whereby the City may enter the Property from time to time, at the
City's discretion, to maintain its facilities.
Section 3. That the Agency Board of Directors 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 maintenance, prevention, mitigation or repair work that the City may
in the exercise of its discretion undertake."
R6876-0001\1346971v1.doc
Section 4. That the Agency Board of Directors authorizes the Chairman to
execute the Agreement on behalf of the Agency.
Section 5. That the Agency Secretary shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED ON Ap • 1 . 111.
/
Aiiiiiiiiii,
Chairman
Attest:
/ • r/ //
Agency Secretary
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, Agency Secretary of the Rancho Palos Verdes
Redevelopment Agency hereby certify that the above Resolution No. RDA 2011-06 was
duly and regularly passed and adopted by the said Redevelopment Agency at a regular
meeting thereof held on April 19, 2011.
P
f sl-midc
Agency Secretary
R6876-0001\1346971v1.doc
RDA Resolution No. 2011-06
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RECORDINGKLQUESTED BY AND WHEN
RECO'RDED MAIII., "FO:
City CIerk
(7ity of Rancho Palos Verdes
30940 Flawthome Boulevard
Rancho Palos Verdes, ("A 90275-5391
MAIL S'"FATENIENTS TO:
MOMM
0511012011 ,
In
*20,110663448,*
SPACE 1ABOVE IIIIS IJNE FOR RE"C"'ORDEWS USE
Exenipt from Recording Fees pursuant to Cald"ornia Ciwvernnient ("ode Sect m 6103 and
14
1" he. undersigned, grantor(s) declare(s): Assessor's Parcel No.: '115.
Documentary transfier tax is $0.00 Project No, & Name: Lot I Palos- \1"C'm"Ies
computed on full value of property conveyed, or DI-I've South
comptited, on full value less, value of hens and
encuinbrances rer.naining at fitlie ofsale.
(x) City of Rancho Palos Verdes /Rancho Palos Verdes Redevelopment Agency
NIAIN`144"NANCE EASEMENT AGREEMEN"r
, M, atntenance Easement Agreenient (this "'Agree men t") is entered into as of,th,e
feet I*veDate" veen Ranclic)'Palos Verdes
2011 ("Ef by and betN
R, de -61opment A,gency, a public body, corporate and poll'tic, dUly organized and existing under
the laws of the State of Califomia (the "Agency") and City of Rancho Palos Verdes, a municipal
corporation, duly formed and existing under the laws of the State of ('I'afifoniia (the "City").
A. The Agency owes a certain. parcel o f land located in t: e CIty, vvhich is more t1111y
described in the attached Exhibit A (the "Property").
B#
""' he Property is subject to damaging landslides and other land movern.ei"its from,
titile to tinle.
C. City infi -astructure and Ufa cilities, including a public street and drainage filcilities,
are located, on and I n1mediately adjacent to the Property.
D. The Agency desires to grant,- the Oty an easement in perpetuity on, in, over and
across the Property fiar mairiteriance purposes and for Ole preven,tion and nutigation of' &Lich
landslides and an movement, and the repair of any damage that may result flierefi -oni.
RDA Res o. 2011-
Ex it "A"
Page 1 of 6
AGREEMENT
a. Grading intended to arrest and movemetil, or to correct or repair fl'ie
in-ipacts of any such land iiiovement,
b. Maintenance or repair of public facitities, including but not finlited to
roads', sewers, drainage facilities arid water distribution fines,
C. Word relating to the preverition or rniti gat ion of beat hfront erosioiri.
2. ,r his Agreement is not'intended, nor shall it be construed, to crea,te an, obliget
on the City's part to take any act,ion as law 'bed in Section I above. "Flie City has absolUte
discretion regarding the exercise of its, rights and the use of the'Easement granted hereby,
including without limitation the timingmethod and scope of any maintenance,., prevention,,
mitigation or repair work that the Gity may in the exercise of its discretion undertake.
4. All rights and, oblioations in this Easenient Agreement shall bind and '*4run,with"
C>
the Property, and this Agreement shall. be binding upori all persons and entities w'ho acqUire any'
right, title or interest in all or any, portion of" the Prope ly,
5. Eacn of the Agency and the City agrees to execute any and all docunients that are
reasonably necessary or exped�tent to carry out the tntent of this Agreement, to do S II other
i,,*easonable acts as will further the purposes hereof,, and to refrain f*ro,tii any actions I iic ,otdd,
I
impede or otherwise interfere with the other party with respect to the perR)rniance of its duties
arid obligations liereUrider.
I I I
6. If any term, covenant, condition or provision in this Ag�reement, or the applicatioti
thereof to tang person or circunistance, shall to any extent be held by a COUrt Of C0111peterit
JUI-Isdiction'to be invalid, void, or unenf'orceabl,e, the reniainder of the ten-ris, co, ,eriants,
conditions, or provisions of" thi s Agreement", or the application thereof to any pet-son or
I1244- 0001\1 5 55 .d RDA Reno. 2011-06
Exhibit "A"
Page 2 of 6
circumstances, shall rernain infull force and effect, and shall in no way be affected, impaued or
invalidated thereby.
7. Except as otherwise provided herein, the provisions oft l,ils Agreenielit sli,afl intire
to the benefit of and be bindtng upon the parties hereto and their respective successors, legal
representatives, and assigns.
S. No modifications or amend nients ire ofshall'be effective unless mZ-Kie in wi-iting
and exec uted bar both parties hereto.
9. This Agreement shall 1-�e interpreted and en,forced in ziccordance with the laws of'
the State of California,
10. This Agreement may be executed in coutiteq)arts, each of which shall be deenled
an. original, and all of x�,rhlch, taken together, shall constitute otle and ttie same nistrUment.
IN WITNESS WHEREOF, the riders one have executed thisAgreenient as of ttie
date first written above.
AT"TES71".
Secretary
B y
0`111 il
P ri n t 'Nt i e 'rhomas D., 1....oLig
Tit I e Ma,
A" "'TEST
Oty Clerk
3
11 244-0001\1345455v3 . do c RDA Res o. 2011-06
Exhibit "A"
Page 3 of 6
7
satisfactory evidence to be the person(s�whose nat-ne(4 is/wpd-subscribed to the Nvithin
instrunient atid ackriovv I edged to me that hellshe4they-executed the samy in his/14t4r",thrff'
authorized capacity(iesj, and that by his/hef4htt*-r S.Igynaturq(sf'on tfic instrUTTIC11t tile PCI.SOT'1�5�
01
the entity upon behalf of which the person acted, executed the instrument.
W (%�'
AC7&
Place Notary Seal an&or S p Above
State ofd a fora a,
County of Los Angeles
City of Rancho Palos Verdes
I certifyander PENALTYOF PERJ1.,J)'RYT'under the
laws of the State of Call fonli:a thzatthe foregoing
paragraph is true and correct.
WITNESS my h,an,d and official seal.
Oil fp
rnAF «r
befiore me
]nse
a le anc it e of he �)tliC,er
__,,Who proved to me on the basis of
personally appeared
Name ot'Signer(s)
satisfactory evidence to be the persoij(-R� whose name(sj'iS/ArC,1SUbscribed to the within
ITISOVU,nletit and acknowledged to me mat he/sheAhe�4executed the satnein
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authorized capacity(iQsy, and thlat bv his/4+ef-4h.�.*irsign�i,tLire(s�ori the instrunient the persori( or
the entitv upon behal f of which the personW acted, executed the instrument.
W
I certify Under P'E.NA,t 4 P1.WR*JLj11R'Y under-the
laws of the State of(I'4alifornia that the foregoirig,
p -a&
at, praph is trtie and correct.
LOS ANGELES COUNry W.11TNESS my hand and offilcial. sea].
Commsssion EKpras NOV, 7, 20U
e,o
. . .... . . . . .....
Place Notary Seal and/or Stamp Above Signature of Notary' PUbfic
11244-000 1\1 345455v3,doc RDA Reso. 2011 -06
Exhibit "A"
Page 4 of 6
SignatUreof'Notary
P 6fi
U IC
Oil fp
rnAF «r
befiore me
]nse
a le anc it e of he �)tliC,er
__,,Who proved to me on the basis of
personally appeared
Name ot'Signer(s)
satisfactory evidence to be the persoij(-R� whose name(sj'iS/ArC,1SUbscribed to the within
ITISOVU,nletit and acknowledged to me mat he/sheAhe�4executed the satnein
C
authorized capacity(iQsy, and thlat bv his/4+ef-4h.�.*irsign�i,tLire(s�ori the instrunient the persori( or
the entitv upon behal f of which the personW acted, executed the instrument.
W
I certify Under P'E.NA,t 4 P1.WR*JLj11R'Y under-the
laws of the State of(I'4alifornia that the foregoirig,
p -a&
at, praph is trtie and correct.
LOS ANGELES COUNry W.11TNESS my hand and offilcial. sea].
Commsssion EKpras NOV, 7, 20U
e,o
. . .... . . . . .....
Place Notary Seal and/or Stamp Above Signature of Notary' PUbfic
11244-000 1\1 345455v3,doc RDA Reso. 2011 -06
Exhibit "A"
Page 4 of 6
[jk'47tt
DESCRIPTION OF THE PROPERI IN
The property referred to in this Mamtenance Easement Agreement is described as follmvs:
Lot I of Parcel Map No. 1716 1, in the City of Rancho Palos Verdes, In the C",ounty of Los
Angeles, State of Cali for nia, as per Map file din Book '19' ..,, Pages 91 through 94, inclusiv'e, of
Parcel Maps, in the Office of the County Recorder of said County.
11244-000 IA 345455v3.doc RDA Reso. 2011-06
Exhibit "A"
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CERTIFICATE OF ACCEPTANCE
Walifomia Governi-mit Code Sec tioti 27281."
2011
Dated 1:
CITY OF RANCII'O,PA,I,-,OS N"'ERDES
B y.*
Print Name: cc,"Irokm 1..ehr
'Fitle: City Nlaiia,�-,)er
State of Califomia
Comity of Los Angeles
City of'Rancho Palos Verdes
416,°
before me, f
Da (c I Insert it' d 1"Ifle o(the
-oved to me oti tl,l,c* basis of"
personaiiy appeared who pi
NarTIC cif' Signer(s)
Place Notary Seal and/or Stamp Above
11244-0(1 )0 1 \ I 345455v,3.doc
Signature of Notary PUblic
Exhibit "A"
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