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CC RES 2012-077 RESOLUTION NO. 2012-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER OR COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE AN EASEMENT AGREEMENT DEDICATING TO THE CITY A PUBLIC ACCESS AND RECREATION EASEMENT OVER A PORTION OF THE PROPERTY OWNED BY THE SALVATION ARMY LOCATED AT 30840 HAWTHORNE BOULEVARD. WHEREAS, at a Planning Commission public hearing on September 27, 2011 regarding a revision to the Salvation Army's Conditional Use Permit, the Salvation Army stated that it was interested in dedicating to the City of Rancho Palos Verdes ("City") a public trail easement over a small portion of its property located at 30840 Hawthorne Boulevard, Rancho Palos Verdes, California (APN 7573-002-013) along Palos Verdes Drive South to connect existing trails on the Upper Point Vicente property with the remainder of the Preserve trail system; WHEREAS, the City Staff and Salvation Army have drafted an easement agreement therefore, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, Government Code Section 27281 allows the City to authorize by resolution one or more of its officers to accept such easements upon real estate for public purpose 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and hereby incorporates these facts into this Resolution by this reference. Section 2. The City Manager or the Community Development Director of the City are hereby duly authorized to accept the above-referenced easement agreement and record it on behalf of the City by executing Exhibit "A." PASSED, APPROVED AND ADOPTED this 16th day of Oc ••- 2012. -IWO* M;yor Attest: /:;41/ 70A4-1/1e- 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. 2012-77 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 16, 2012. � I e9d4 City,Clerk 4 t This page is part of your document - DO NOT DISCARD 20121686242 ♦ � + Recorded /Filed in Official Records Recorders Office, Los Angeles County, � � California 11106/12 AT 12:36PM FEES: TAXES: OTHER: A& P0g13 0.00 0.00 0.00 PAID: 0.00 IIIIIIII IIIIIIIIIIIIIIIIIII� IIIIIII I IIIIIII IIIIIIII IIINIIIIIIIIIIII Il�llllllllu L EAOSH EET IIINI III I IIIII IIIII INII Ills III I IIIII �I I III I III I IIIII ICI IIIII IIIII ICI IIII 7111277060060004 00000720783 004406775 SEQ: 01 DAR - Counter (Upfront Scan) IIISIEII� 1111�19Y���11■IlIIIIl�mll� 110 �191� NY I�InvINIRNI��I��RY�I���II�flnW�ll��� - THIS FORM IS NOT TO BE DUPLICATED - EW412 Resolution No. 2012 -]] Exhibit Page 1 of 13 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275- 5391 Attention: City Clerk APN: 7573--002=()13 61 2 SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is recorded at the request of and for the benefit of the City of Rancho Palos Verdes and is therefore exempt from the payment of recording fees pursuant to California Government Code Sections 6103 and 27383. This document is also exempt from the payment of documentary transfer taxes as a conveyance to a public entity. EASEMENT AGREEMENT THIS EASEMENT (the "Easement Agreement ") is made and entered into as of odtober 16 , 2012, by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ( "Grantee "), and THE SALVATION ARMY ( "Grantor "). RECITALS: A. Grantor is the owner of certain land located at 30840 Hawthorne Boulevard in the City of Rancho Palos Verdes, County of Los Angeles, State of California, (the "Burdened Property "); B. Grantee is the owner of a public street, Palos Verdes Drive South (the " Benefitted Property "), which abuts the Burdened Property. B. Grantee has requested that Grantor convey to Grantee, for the benefit of Grantee, the Benefitted Property, and the public, and in order to facilitate and effectuate Grantee's public trails plan, an access and recreation easement over the portions of Grantor's property that are p y generally adjacent to the southerly property line of the Burdened Property, which are described and depicted on Exhibit "A" (the "Easement Property "); AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing recitals, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants to Grantee a perpetual easement (the "Easement ") over the Easement Property for public access and recreational use. The Easement granted herein shall be deemed to include such R6876- 000111424454v 1.doc Resolution No. 2012 -77 Exhibit A Page 2 of 13 incidental rights as are reasonably necessary to improve, use and maintain the Easement Area for such purposes. 2. Compliance With ,Law. The Grantee shall not use the Easement Property in any way that will conflict with any law, statute, ordinance, rule, regulation or requirement of any duly constituted public authorities with jurisdiction, whether now in force or hereafter enacted or promulgated. 3. Im movements; Ma�.intenance. Grantee, at its sole cost and expense, shall be permitted to improve the Easement Property for the purposes permitted under Section 1, including the removal of portions of Grantor's fence that currently are located within the Easement Property, which Grantee shall replace on the northern boundary of the Easement Property. Grantee, at its sole cost and expense, shall repair and maintain the Easement Property and Grantee's improvements thereon in a safe, sanitary and passable condition for public use in compliance with all applicable governmental laws, ordinances, rules and regulations. Grantee shall give Grantor reasonable prior written notice to Grantor of the commencement of any work on the Easement Property. 4. Indemnity. Grantee shall protect, indemnify, defend and hold Grantor free and harmless from and against any and all claims, causes of action, demands, damages, liens, liabilities, losses, costs and expenses (including, without limitation, attorneys' fees) to which Grantor may become exposed or which Grantor may incur in connection with Grantor exercising its rights hereunder and any use of the Easement Property by the public or the Grantee. 5. Runs with the Land for Benefit of City. All rights and obligations in this Easement Agreement shall bind and "run with" the Burdened Property, and this Easement Agreement shall be binding upon all persons and entities who acquire right, title or interest in all or any portion of the Burdened Property. 6. Notices. All notices and communications (each a "Notice ") required or permitted to be given under this Easement Agreement shall be in writing and may be sent in the following manner: (a) by personal delivery, (b) by certified mail, or (c) by overnight courier service for next business day delivery. All Notices shall be deemed given and delivered as follows: (i) if sent by personal delivery, when delivered to the address of the receiving party, (ii) if sent by certified mail, three (3) business days after deposit of the Notice in the United States mail, postage prepaid, with return receipt requested, addressed to the receiving party, and (iii) if sent by overnight courier service, one (1) business day after deposit of such Notice with such courier service addressed to the receiving party. All Notices shall be addressed as follows (except that a party may change its address for notices by a notice given in accordance with this Section): Grantor: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90274 -5391 Attn: Community Development Director -2- R6876- 000111424454v I .doc Resolution No. 2012 -77 Exhibit A Page 3 of 13 Grantee: The Salvation Army 30840 Hawthorne Boulevard Rancho Palos Verdes, California 90274 -5391 Attn: 7. Governing Law. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 9. Complete Agreement. This Agreement supersedes any prior negotiation, discussions or communications b y and between Grantor and Grantee and constitutes the entire agreement between Grantor and Grantee with respect to the subject matter hereof. 10. Attorneys'_ Fees. Should Grantee or Grantor institute any action or proceeding to enforce this Agreement, or for damages by reason of any alleged breach of this Agreement, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the non - prevailing party all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party in connection with such action or proceeding. 11. Further Assurances. Each party hereto 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. The City Manager of the Grantee shall have the authority to approve and execute such documents, as well as non - material amendments to this Easement Agreement. 12. Severability. If any term of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term of this Agreement will be valid and be enforced to the fullest extent permitted by law. 13. Change, Discharge, Termination or Waiver. No provision of this Agreement may be changed, discharged, terminated or waived except in writing signed by the parties. No failure on the part of a party to exercise, and no delay by a party in exercising, any right or remedy hereunder or under law or in equity shall operate as a waiver thereof. -3- R6876- 000111424454v l .doc Resolution No. 2012 -77 Exhibit A Page 4 of 13 EXHIBIT "A" DESCRIPTION AND DEPICTION OF EASEMENT PROPERTY Commencing at the westerly property line of the Burdened Property and running easterly100 feet in length, and 100 feet in width as measured from the southerly property line of the Burdened Property, and then becoming 30 feet in width, as measured from the southerly property line, and running 840 to the east along the southerly property line, as depicted on Exhibits A -1 and A -2; and Commencing 820 feet from the easterly property line of the Burdened Property and running 135 feet in length to the west, and 20 feet in width as measured from the southerly property line of the Burdened Property, as depicted on Exhibit A -3. R6876- 0001 \1424454v1.doc Resolution No. 2012 -77 Exhibit A Page 5 of 13 CERTIFICATE OF ACCEPTANCE (California Government Code Section 2728 1) This is to certify that the interest in real property conveyed to the City of Rancho Palos Verdes by that certain Easement Agreement dated as of October 16 , 2012, executed by The Saivation Army , is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos Verdes pursuant to the authority conferred by resolution of the City Council adopted on October 16, 2012, and the. Grantee consents to recordation thereof by its duly authorized officer. Dated: October 16 , 2012 Print Dame: Carolyn Lehr Title: City Manager I R6876- 000111424454v l .doc Resolution No. 2012 -77 Exhibit A Page 6 of 13 TRAIT, EASEMENT DESCRIPTIONS The land referred to herein is situated in the State of California, County of Los Angeles, and described as follows: That portion of Lot "R" of Rancho Los Palos Verdes, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, allotted to Jotham Bixby by decree of partition in the action "Bixby, et al vs. Bent, el al. ", Case No. 2373 in the District Court ofthe 17th Judicial District of said State of California, in and for said County of Los Angeles and entered in Book 4, Page 57 of Judgments, in the Superior Court of said County, described as follows: Parcel `A' Beginning -at a Point shown on Book 220 Page 34 of Record of Survey in the center line of Palos Verdes Drive South shown on L.A.C.A. Map No. 51, recorded in Book 1 Page 1, of Assessor's Maps, in the Office of the County Recorder of said County lying 25 feet southeasterly, measured at right angles, from the Southeast line of Parcel 86 shown on said Map, distant along said center line South 67° 25'23" West 1,350.00 feet (shown as 1349.77 feet on Book 220 Page 34 of Record of Survey) from the Westerly terminus of that curve in said center line shown on said map as being concave to the South and having a radius of 2,500 feet, said Point being the most easterly corner of the Salvation Army parcel described in Instrument No. 1715 Recorded April 15, 1975 in Official Records shown on said Book 220 Page 34 of Record of Survey. Thence from said Point, along said center line South 67° 25'23"' West 845.06 feet. Thence North 221 34'37" West 120.00 feet to the True Point of Beginning. Thence South 67° 25'23" West 27.50 feet. Thence North 22" 34'37" West 5.00 feet. Thence South 67° 25'23" West 80.00 feet. Thence South 220 34'37" East 5.00 feet. Thence South 67° 25'23" West 27.50 feet. Thence South 22° 34'37" East 20.00 feet to the southeast Line of Parcel O described in Book 56068, Page 193 Official Records recorded November 14, 1957. Thence along said line North 67° 25' 23" East 47.50 feet. Thence North 221 34' 37" West 5.00 feet to the northwest line of Parcel 2 described in Book 45250, Page 318 Official Records recorded August 5, 1954. Resolution No. 2012 -77 Exhibit A Page 7of13 Thence along said line North 67° 25' 23" East 40.00 feet to the northwest corner of Parcel N described in said Book 56068, Page 193 Official Records. Thence along the westerly line of said Parcel N, South 22° 34'. 37" East 5.00 feet. Thence along the southerly line of said Parcel N, North 67° 25'23" East 47.50 feet to a point that bears South 22° 34'37" East from the True Point of Beginning. Thence leaving said line North 22° 34'37" West 20.00 feet to the True Point of Beginning. Parcel `B' Beginning at a Point shown on Book 220 Page 34 of Record Survey in the center line of Palos Verdes Drive South shown on L.A.C.A. Map No. 51, recorded in Book 1 Page 1, of Assessor's Maps, in the Office of the County Recorder of said County lying 25 feet southeasterly, measured at right angles, from the Southeast line of Parcel 86 shown on said Map, distant along said center line South 67° 25'23" West 1,350.00 feet (shown as 1349.77 feet on Book 220 Page 34 of Record of Survey) from the Westerly terminus of that curve in said center line shown on said map as being concave to the South and having a radius of 2,500 feet, said Point being the most easterly corner of the Salvation Army parcel described in Instrument No. 1715 Recorded April 15, 1975 in Official Records shown on Book 220 Page 34 of Record Survey. Thence from said Point, along said center line South 67° 25' 23" West 1210.56 feet. Thence North 22° 34'37" West 130.00 feet to the True Point of Beginning. Thence South 67° 25' 23" West for 179.00 feet. Thence North 22° 34'37" West 5.00 feet. Thence South 671 25' 23" West 23 0. 01 feet. Thence North 22° 34' 37" West 10.00 feet. Thence South 67° 25'23" West 30.00 feet. Thence South 701 32'43" West 84.42 feet. Thence South 76° 47'22" West 84.42 feet. Thence South 10° 05' 19" East 10.00 feet. Thence South 82° 39'46" West 75.36 feet. 2 Resolution No. 2012 -77 Exhibit A Page 8 of 13 Thence South 881 09'55" West 75.36 feet. Thence North 001 55'00" East 65.00 feet. Thence North 87° 05' 38" West 49.99 feet. Thence North 831 06' 54" West for 49.99 feet to the west line of said Salvation Army parcel described in Instrument No. 1715 Recorded April 15, 1975 in Official Records and shown on said Book 220 Page 34 of Surveys. Thence along said west line South 49° 01'26" West for 81.65 feet to an angle point in said Line. Thence South 11 ° 43' 49" West 3 5.83 feet to a point in the southeast Line of Parcel Q described in Book 56068, Page 193 Official Records recorded November 14, 1957, said point being on a non - tangent curve having a radius of 820.00 feet from which the radius point bears North 12" 40' 50" East, Thence leaving said west line of the Salvation Army parcel, easterly and northeasterly along the southeast line of Parcel Q, Parcel P, and Parcel O, described in Book 56068, Page 193 Official Records recorded November 14, 1957, along a curve to the left for an arc length of 224.57 feet, said curve having a chord bearing of South 85° 09'55" East for 223.87 feet. Thence North 03' 00'39" West for 5.00 feet to the beginning point of a non - tangent curve having a radius of 815.00 feet from which the radius point bears North 031 00'39" West. Thence left along said curve for an arc length of 100.68 feet, said curve having a chord bearing of North 83' 27'01" East for 100.61 feet. Thence North 100 05' 19" West for 10.0.0 fret to the beginning point of a non - tangent curve to the Left having a radius of 805.00 feet from which the radius point bears North 100 05'19" West. Thence left along said curve for an arc length of 128.80 feet, said curve having a chord bearing of North 750 19'40" East for 128.66 feet. Thence North 19° 15'21 " West for 5.00 feet to the beginning point of a non - tangent curve to the Left having a radius of 800.00 feet from which the radius point bears North 190 15'21 " West. Thence left along said curve for an arc length of 14.12 feet, said curve having a chord bearing of North 70° 14' 19" East for 14.12 feet. Thence South 20° 16' 01 " East for 5.00 feet to the beginning point of a non - tangent curve to the Left having a radius of 805.00 feet from which the radius point bears North 20° 16' 01 " West. Thence left along said curve for an arc length of 32.46 feet, said curve having. a chord bearing of North 68° 34' 41 " East for 32.45 feet. Thence South 220 34' 37" East for 10.00 feet. Thence North 67° 25' 23" East for 260.01 feet. 3 Resolution No. 2012 -77 Exhibit A Page 9 of 13 Thence South 22° 34'37" East for 10.00 feet. Thence North 67° 25' 23" East for 8 9. 00 feet. Thence North 22' 3 4' 3 7" Nest for 10.00 feet. Thence North 67° 25'23" East for 20.00 feet. Thence South 22° 34' 37" East for 5.00 feet. Thence North 67° 25' 23" East for 70.00 feet to a point that bears South 22° 34' 37" East from the True Point of Beginning. Thence leaving said line North 22° 34'37" West 30.00 feet to the True Point of Beginning. SURVEYOR'S STATEMENT: This description was prepared by me on September 22, 2012 at the request of the City of Rancho Palos Verdes. Bearings are based on Book 220 Record of Survey Page 34, Los Angeles County Records. Michael R. McGee, PLS3945 4 Resolution No. 2012 -77 Exhibit A Page 10 of 13 It to +' o v v c Qi°V / i w ;0 EO EO as g o co iTZ1.5 �qqq��o Z w 0 .Ja�;w� �Ua°- �c � w o co o-j z oaDzS C ,o E Q E f� 11.1 O N 22034'37"W 910.001 0 '%�e o� O s� s� co m c: 2: 03 C• 8 3 0 O w .g w Lm W (0 8 CL o A z m c o E op �. o: v o Q o a N x N 08 RAd ca :5 0 wo m° > 3 • m= (1) AN U ..J e d �O At b y `��'' '✓� O w0 O 0�3� �, •s� Zo, � �Snr� � s doh• ,Ile ' 04) A.. W-) CV) C'4 co 0 'j 6► Opp •�� �o °° .0 0����� Mom CO) • �a�m ��0 �� �ZZ �� cps CA c'e";p s �° _ - cp .n 0 V6 qeO NA. Go C4 co }--000 ©00000" o:- ooivi�o�oicoo�o� v) occi000lriooc�goo ,00�r•eroMMOV�a� NNN��D�NNt�N��NQM0 ��i�0� z w�wwwwwwu.wwww uuw ww Y C t L C x M?! �•. % MM r~ m � Mc+� cV ciD >n ao (Y.c -NMN�N �NN4 -1 V54 'N�d'tOpch7 � loin in w ,r- .b°M'mb A N N N 1� N No No 0 0 0 0 0 0 0 0 0 Do o U-) 0 co wC'4wNNc(Dtw (0NQDr'- 00��cI�0o0 ZtAzc/)u)t/)co�Zzwzcl)ZZZZZZ WW U1 Or- NM'�'10(DP-CDO)C�-` Z s- N C7 d' to �O h► oD t- e- �-- .- r e-• .r- e- r N -. 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JJ ..J.JJJJJJJJ...7J_.JJJJJ_..IJJ �a o �s vO' `> Xro . b `10e t OD V) .00'091 3 w6VXV* L L N Resolution No. 2012 -77 Exhibit A Page 11 of 13 a O 1� 6 IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement Agreement to be executed and sealed, all the day and year first written above. GRANTEE: CITY OF RANCHO PALOS VERDES, a munZZ io By: Print Name: Anthony isetich Title: Mayor Atte • City Clerk .Y APPROVED AS TO F ORN:, ; Carol W. Lynch of Richards, Watson & Gershon, City Attorney GRANTOR: R6876- 000111424454v l .doc THE SALVATION ARMY By: Print Name:VtCT'OR WLYN G. C Title: -M Imm.. ���c secre4�ey MAR 2 2 2012 APPROVED AS TO FORM: -4- Resolution No. 2012 -77 Exhibit A Page 12 of 13 State of California County of Los Angeles On I)r\a r c h 2. L 2012, before me, �c-k 0 W., S , (insert name and title of the officer) Notary Public, personally appeared 0 t CA-bf R • Do!jjkjv ov% Gv4 (\4k% Cr • c tlau-P 2 , who proved to me on the basis of satisfactory evidence to bg the person(s) whose name(s)-is subscribed to the within instrument and acknowledged to me that - e executed the same i ter/ P,or uthorized capacity(ies), and that by eir signature s) on the instrument the person the entity upon behalf of which the persons 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. QCATHERINE J. FLORES Commission # 1801362 WI.TNES S my hand and official seal. Notary Public M California Los Angeles County My Comm. Expires Jun 13, 2012 Signature (Seal) State of California County of Los Angeles On OovtrApw. (e , 2012, before me, �' �r -'Ta , (insert name and title of the officer) Notary Public, personally appeared Y-- , who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is /Xe subscribed to the within instrument and acknowledged to me that bUshe/tVy executed the same in homer/thOrauthorized capacity(jw,;), and that by VlherlthXr signature} on the instrument the person Kor the entity upon behalf of which the person(e 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. Signature (Seal) -5- R6876- 000111424454v 1. doc TERESA PRIMAVERA TAKAOKA COMM. 01942231 NARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY Commission Expires JUNE 26, 2015 Resolution No. 2012 -77 Exhibit A Page 13 of 13