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CC RES 2003-085RESOLUTION NO. 2003-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER AND THE ASSISTANT CITY MANAGER TO ACCEPT GRANT DEEDS DEDICATING TO THE CITY REAL PROPERTY TO IMPROVE THE TERMINUS OF COOLHEIGHTS DRIVE, AN OPEN SPACE CONSERVATION EASEMENT, AND PUBLIC ACCESS TRAIL EASEMENT IN CONNECTION WITH HEIGHT VARIATION 899 (3787 COOLHEIGHTS DRIVE), WHEREAS, On August 27, 2002 the Planning Commission unanimously approved, with conditions, Height Variation No. 899, et. al., to allow the construction of a new 5,407 square foot single - family residence on the Property commonly known as 3787 Coolheights Drive (the "Property "); and WHEREAS, the conditions of approval imposed by the Planning Commission required, among other things, that portions of the Property be conveyed to the City in the form of Grant Deeds and Easements prior to the issuance of building or grading permits to improve the terminus of Coolheights Drive with a cul -de -sac turn - around (which was requested by neighbors of the project at 3787 Coolheights Drive), to provide public access trails adjacent to the Forrestal Nature Preserve, and to establish an Open Space Conservation Easement for habitat protection; and WHEREAS, on November 4, 2002, Dr. and Mrs. Farooq at 3777 Coolheights Drive executed a grant deed dedicating to the City of Rancho Palos Verdes approximately 4.05 square feet of land for the construction of the cul -de -sac turnaround at the terminus of Coolheights Drive; and WHEREAS, on November 4, 2002, Mr. and Mrs. Ortolano, Sr. at 3776 Coolheights Drive executed a grant deed dedicating to the City of Rancho Palos Verdes approximately 12.78 square feet of property for the construction of the cul -de -sac turn- around at the terminus of Coolheights Drive; and WHEREAS, on November 4, 2002, Mr. Ortolano Jr. at 3778 Coolheights Drive executed a grant deed dedicating to the City of Rancho Palos Verdes approximately 83.80 square feet of property for the construction of the cul -de -sac turn - around at the terminus of Coolheights Drive; and WHEREAS, on September 25, 2003, Mr. and Mrs. Nassiri at 3787 Coolheights Drive executed the following documents in favor of the City of Rancho Palos Verdes: (1) a grant deed dedicating to the City of Rancho Palos Verdes approximately 1,650 square feet for the construction of the cul -de -sac turn - around at the terminus of Coolheights Drive; (2) a grant deed for the construction of the Coolheights trailhead link adjacent to the cul -de -sac dedicating to the City of Rancho Palos Verdes a five foot trail easement along the property line that abuts Mr. Ortolano Jr.'s property to accommodate the relocation of five feet of the existing ten foot wide trail easement from Mr. Ortolano Jr.'s property; (3) a grant deed dedicating to the City of Rancho Palos Verdes public access trails adjacent to the Forrestal Nature Preserve; (4) a grant deed dedicating to the City of Rancho Palos Verdes the area between the Coolheights trailhead link, the trail easement, and the cul -de -sac; (5) a grant deed dedicating to the City of Rancho Palos Verdes conveying an easement to accommodate turns by large vehicles; and (6) a grant deed conveying to the City of Rancho Palos Verdes 1.06 acres, in the form of an Open Space Conservation Easement, for mitigation for .53 acres of impact to habitat resulting from the Fire Department's mandated brush clearance; and WHEREAS, on October 7, 2003, the City of Rancho Palos Verdes approved the grant deed conveying to Ralph Ortolano Jr. an easement for ingress and egress to and from 3778 Coolheights Drive to the drop curb that is to be constructed in the public street right -of -way (on Coolheights Drive) to the northern boundary line of Mr. Ortolano Jr.'s property, provided that Mr. Ortolano, Jr. authorizes the escrow company to record contemporaneously the grant deed dedicating to the City of Rancho Palos Verdes approximately 83.80 square feet of his property for the construction of the cul -de -sac turn - around and provided that the escrow company is authorized to record contemporaneously all of the other deeds and easements that are required to construct the cul -de -sac turn - around; and WHEREAS, on October 7, 2003, the City Council approved the grant deed vacating the easterly five feet of the ten foot wide trail easement along the western edge of the lot at 3778 Coolheights Drive, which was previously granted by Ralph Ortolano Jr. to the City of Rancho Palos Verdes on October 1, 1998, provided that Mr. Ortolano, Jr. authorizes the escrow company to record contemporaneously the grant deed dedicating to the City of Rancho Palos Verdes approximately 83.80 square feet of his property for the construction of the cul -de -sac turn - around and provided that the escrow company is authorized to record contemporaneously all of the other deeds and easements that are required to construct the cul -de -sac turn - around; and WHEREAS, Government Code Section 27281 allows the City to authorize by resolution one or more of its officers or agents to accept such deeds or 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 Assistant City Manager and the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes are hereby duly authorized to accept the above - referenced grant deeds and easements and to record said easements on behalf of the City of Rancho Palos Verdes by executing the form which is attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 2003 -85 Page 2of3 PASSED, APPROVED and ADOPTED tl�' ,Zth day of Ntober, 2003. Attest: State of California County of Los Angeles City of Rancho Palos Verdes ss Mayor I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003 -85 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 7, 2003. rf , City Clerk Resolution No. 2003 -85 Page 3 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this deed or grant dated , from Joe M. and Mashid Nassiri, husband and wife, as joint tenants, to the City of Rancho Palos Verdes, a political corporation, is hereby accepted by the undersigned agent on behalf of the City of Rancho Palos Verdes pursuant to authority conferred by Resolution No. 2003 -85 of the City Council of the City of Rancho Palos Verdes, adopted on October 7, 20031 and the grantee consents to the recordation thereof by its duly authorized agent. Dated: October 10, 2003 Attest: City Clerk Les Evans, City Manager Resolution No. 2003 -85 Exhibit A