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CC RES 2000-004 RESOLUTION NO. 2000-04 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF WHEREAS, the City of Rancho Palos Verdes is a public body, corporate and politic, in the County of Los Angeles, State of California. WHEREAS, the property hereinafter described is to be taken for a public use, namely, for development, construction and maintenance of sewer facilities and all purposes convenient and necessary thereto, and pursuant to the authority conferred upon the City of Rancho Palos Verdes to acquire property by eminent domain by California Constitution article I, Section 19, Government Code sections 37350.5 and 40404, Code of Civil Procedure sections 1230.010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, and other provisions of the law. WHEREAS, the property to be taken is located in the City of Rancho Palos Verdes and is more particularly described on Exhibit "A" attached hereto and which is incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines as follows: A. A pp anel of experts appointed to address the movement of the p p Abalone Cove Landslide recommended, among other measures, the installation of sewer facilities to control the amount of water entering the landslide mass. B. The proposed sewer system is required to decrease the amount of water entering the Abalone Cove Landslide mass, which in turn, will reduce the amount of earth movement. C. The project is consistent with the City's goal of preserving property values, forestalling soil subsidence, and insuring the public health and safety. Section 2. The City Council further finds and determines as follows: A. The potential environmental impacts of the proposed Project, including the proposed acquisitions, were studied in connection with Environmental Impact Report SCH No. 95021037 as well as the supplement thereto. The Board of the Redevelopment Agency of the City of Rancho Palos Verdes certified the FEIR, and a Notice of Determination thereof was duly filed with the County Recorder on. A Supplement to the Final Supplemental EIR for the Abalone Cove Combination Sewer System Project was prepared and certified by the Redevelopment Agency Board on May 4, 1999. B. The City therefore made the findings required by the California Environmental Quality Act for the proposed Project in connection with the FEIR. Those findings are also the appropriate environmental findings with regard to the proposed acquisition of the subject property identified on Exhibit "A" hereto. No new information has been obtained since the Redevelopment Agency Board's last action regarding the sewer system on May 4, 1999 that would require further environmental analysis. Section 3. The City Council hereby further finds and determines that: A. The public interest and necessity require the proposed sewer project; B. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The acquisition of the interests in property described on Exhibit "A" attached hereto is necessary for the proposed sewer project; and D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. Section 4. The findings and declarations contained in this resolution are based upon the record before the City Council on February 1, 2000, which includes the Department of Public Work's report, the environmental documents referenced above, and any testimony, records, and documents produced at the hearing, all of which are incorporated herein by this reference. Section 5. The City Council of the City of Rancho Palos Verdes hereby authorizes and directs the law firm of Richards, Watson & Gershon to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibit "A" attached hereto. Resol No. 2000-04 Page 2 PASSED, APPROVED and ADOPTED by the City of Rancho Palos Verdes this 1st day of February, 2000. Ma r ATTEST: At l / City-Clerk State of California } County of Los Angeles }ss City of Rancho Palos Verdes } I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify the above Resolution No. 2000-04 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 1, 2000. a _ City Clerk Resol No. 2000-04 Page 3 M 1 ' 3 4 6 9 1C 11 12 13 14 15 16 11 18 19 2a 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 \4 0a V. EW161T 2 EXHIBIT A LEGAL DESCRIPTION A p ortion of Lot 119 of the L.A.C.A Map No. 51, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per map recorded in Book 1, . Page 1 of Assessor's Maps, and that portion of Lot 1 of Tract No. 13836, as per map recorded in Book 416, Page 19 of Maps, as conveyed to York Long Point Associates, L.P., a California Limited Partnership per deed recorded March 9, 1995 - as Document No. 95- 365969 of Official Records, all in the office of the County Recorder of said County, more particularly described as follow: PARCEL.1: That portion of said Lot 119 included within a strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: Beginning the Southerly terminus of that certain course on the Southeasterly line of said York Long Point Associates, L.P. land described in said deed as "South 24 °08'22" West 253.39 feet more or less "; said point being on the Northerly right of way of Palos Verdes Drive South and a curve concave Northeasterly and having a radius of 714.00 feet; a radial line through said Point Of Beginning bears South 21 ° 50 53" West; Thence Northwesterly along said curve and the Northerly line of Palos Verdes Drive South an arc distance of 41.12 feet to .the True Point of Beginning: "hence leaving said Northerly line North 29 039'32" East a distance of 293.96 feet; Thence N55 107'29" East a distance of 232.91 feet more or less to a line that is parallel with and distant- 15.00 feet Southwesterly from that certain curve on the Southwesterly line of Tract No. 14500, as per map recorded in Book 322, Pages 38-41, Inclusive, of Maps, Records of said County. Said Southwesterly line being a curve concave Southeasterly and having radius of 100.00 feet, said line also being the Southwesterly line of Narcissa Drive 9 (30 foot wide private street) as shown on said Tract 14500. The sidelines of said are to be lengthened or shortened so as to terminate Southwesterly at the Norther) right of way of Palos Verdes Drive and Northeasterly at a line parallel with and Northerly distant 15.00 feet Southwesterly from the Southwesterly line of said Tract No. 14500._ Containing 7,736 sq. ft, more or less. Resol. No. 2000 -04 Exhibit "A" Page 1 of 3 Page 1 Fork 7572 -012- 028,029 169/170 0. P . �I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 IF 5 PARCEL 2: • .A.C.A. Ma No. 51 together with a portion of Lot 1 of Tract No. That portion of Lot 119 of L p the • within a strip of land 15.00 feet wide, lying 7.50 feet on each side of 13816 included within p following described centerline: • Easterly corner of that land described in that certain deed recorded Beginning at the most East y . July 1962 as Instrument No. 33, Records of said County; Said comer being on a non- tangent 3 Southwesterly and having a radius of 808.97 feet; a Radial line tangent curve concave S Y through said Easterly erl corner bears North 27 °48'47" East ; Thence Northwesterly along said curve and the Northeasterly asterl line of Lot 1 of said Tract No. 13836 an arc distance of 14.91 feet; � ' said Northeaster) line South 40 °28'51 " West a distance of 25.76 feet more Thence leaving Y or less to a line that is parallel with and distant 25.00 feet Southwesterly from the Lot 1 of said Tract No. 13836, said line also being the Southwesterly Northeasterly line of Lo line of Narcissa • Drive (50.00 foot wide private street) and the TRUE POINT OF BEGINNING of this description: Southwesterly line and along a line that is parallel with and 20.00 feet Thence leaving said S Y NQSthWe Y F sterl from the Northwesterly line of that land described in said Instrument No. 33, West a distance of 313.63 feet to a point hereinafter referred to as Point South 400228'51 u ». Thence continuing along said parallel line South 40 °28'51 " West a distance of 0.40 feet; parallel line South 30 °07' 12" West a distance of 400.52 feet to a line Thence leaving said par certain curve on the ' parallel � with- and distant 15.00 feet Northeasterly from that cart that is p a recorded in book 322, Pages 38-41, Northwesterly line of Tract No. 14500, as per map d • Records of said County Said curve being concave Inclusive of Maps, Rec Southeasterly an having a radius of 100.00 feet; Said line also being the Northeasterly line of Narcissa Drive (30.00 feet wide) as shown on Tract No. 14500, and the terminus of this description. • easement are to be lengthened or shortened so as to terminate The sidelines of said e�asem Southwesterly from the at a line that is parallel with and distant 25.00 feet Southw y . Northeasterly p e that is parallel with ! line of said Tract No. 14195,. , and Southwesterly at a lip p Southwesterly and distant 15.00 Northeasterly easterl from the Northwesterly line of said Tract No. 14500. Containing 10,803 sq. ft, more or less. Page 2 of 3 York 7572 -012- 028,029 Resol. No. 2000 -04 Exhibit "A" Page 2 169/170 I* i .)1 a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 *",45 PARCEL 3: with that portion of Lot 119 of t..A. C.A. Map That portion of Lot 1 of Tract No. 13836 along wi p alifornia Tha p County of Los Angeles, State of C ' e City of Ranch Palos Verdes, in , tY of No.. 51, �n th Y s in the office of the County Recorder per ma recorded in Book 416, page 19 of map , asp p Southwesterly said County tying 25.00 feet South y of the following described tine: d described in that certain deed recorded Beginning at the most Easterly comer of that Ian on a non - Beg Records of said County, Said comer being - Jul 3, 1962 as Instrument No. 33, 97 feet; a radial line Y Southwesterly and having a .radius of 808. , tangent curve concave So Y Northwester) along said • comer bears North 27048'47" East , Thence Y through said Easterly com 33 and arc distance of 25.68 feet to curve and the Northeasterly line of said Document No. Northerly corner of Lot 1 of said Tract No. 13836; the most Nort y _ • Southwesterly tine of Lot 1, Block 1 of said Northeasterly line and along the South Y Thence leaving Tract No. 14195, as per map recorded in book . 323 i, Pages g through 10, Inclusive of Maps, Record of sand County, North 64 0 termination of • ° 0'22" West a dstance of 5.67 feet to the this description. Containing 774 sq. ft, more or less. PARCEL 4: Th at • feet Northeasterly., Northerly, westerly and portion of said Lot 119 lying 15.00 f Southwesterly of the following descr ibed tine. of Lot 6 o Tract No. 13836 as per map recorded the most Southwesterly corner f Beginning at i Los Angeles County; said paint also being on k 416 page 19 of Maps, Records 9 n boo , Rords of said p g Tract of ma recorded in book 322, pages 38 Northwesterly tine No. 14500, as per p the N Y said County; 41, inclusive of Maps, Records of Y through Southwesterly line of said Tract No. 14500 along Y Thence 9 the Northwesterly, Westerly, and So through the following courses: .00 feet to the beginning of a curve concave South SO 62 °29 29 ,� East a distance of 104 Southeasterly and having a radius of 100.00 feet; l an arc distance of 274.00 feet along Northwesterly, Southerly, and Southeasterly that deed Thence her) corner of that land described in said curve more or less, to the most Northerly . • ' Page 335, of official Records of said County. recorded in Book 29650, g . or shortened so as to terminate at the of said easement are to be lengthened The sidelines d the Northerly tine of that land line of Lot 6 of said Tract No. 13836, an Northwesterly li 35 of official Records of said County. e deed recorded in Book 29650, Page 3 described in th Re s o 1. No. 2000-04 Exhibit "A" Page 3 Pane 3 of 3 169/17 � York 7572 -012- 028,029 I* 0 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 P22 3 24 25 26 27 29 29 30 31 32 33 34 35 36 KI PARCEL 5: That portion of Lot 119 of L.A. C.A. Map a No. included within a strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: Beginning nin at Point "A" as described in the hereinabove Parcel 1; o feet to the Northwesterly tine that certain Thence South 49 31 09 East a distance of 20.00 f deed recorded Jul parcel of land described in a de Y 3, 1962 as Instrument No. 33, Records of said County and the terminus of this description. • d or shortened so as � to terminate Southeasterly at the The sidelines are to be lengthens strument No. Northwesterly line of the land described in a deed recorded July 3, 1962 as In Y 33, Records of said County, and Northwester) at the Southeasterly line of the hereinabove described Parcel 2. Containing 189 sq. ft, more or less. p Attached hereto a and made art of this legal is .a lat designated as Exhibit B. This legal description was prep Y me , . prepared b or under my supervision on July 7, 1999. I Michael L. Foreman, P.L.S. 5778 Page 4 of 3 Fork 7572- 012 - 028,029 fs Resol. No. 2000 -04 Exhibit "A" Page 4 169/170 SCALE 1" =100' POB. LOT sp 119" s LAAAs NOS 51 0� a° ti• N� 2 ti T.P.0.8. �► 2 P.D.B. PCL. 1 �O F� Berr rr�Sn & Hon!aar y 85/ Cesivtfeett.l�e. Mt�i�er t Roy.lat. •s 4 v C-A '~ NTY LINE ' O.R. 29550133 NW LY, rLY do SVLY LINE TR. NO. 14500 M.B. 322/38 -41 9� SEE SHEET NO. 2 ' Y COR LOT 6 TRACT N0. TM I.B. 416/19 0 i -p o� C) -H IIIIIIIIIIIIIIIIIIIIIillillililllllllllllllIIIIIIIIIIIIIIIIIIIIIIIiiiiiiiilljlIlljI N � , w 0 z -- • 0 U) a) \ NOTE: ALL DATA SHOWN HEREON IS DERIVED FROM RECORD LEGEND QDENOTES EASEMENT AREA AREA PARECEL 1 = 7.736 SQ.FT.t AREA PARECEL 2 10,803 SQ.FT.t AREA PARECEL 4 = 5,968 SQ.FT.f RANCHO PALOS VERDES R�UEVELOPMENT AGENCY ABALONE COVE SEWER EASEMENT Vim LM OMINER: gyp. APN: 7572 -012- 028 029 DATE: OS -25— DRAwN 8Y: A118 SHEET 1 OF 2 - A 3'0mimmum— EXHIBIT B �• 3 � SEE DETAIL »A» o 4J CD CD fd CD P4 SCALE 1 =100 DET - . N N.T.S. "� ` ,r w. • MOST N'LY COR. PORO LOT "11V 0 �P 4f 4F *64'x, LOT 1, TR. N0. 13836 ,�'S• �, s6x' ��" , LAs C I M P NO. 51 9s 4 PARCEL 3 ,ham 0 40y�� R4�is E l Y COR. 8g897�so9" DOC. NO. 33 NW'LY LINE iNST. a •� E' S,�, REC. 7/3/62 '`� NO. 33 .B. PCL 2 & 3 r, ' e4� s. Q00 PARCEL 5 . SEE DETAIL B" ��, �• N � 0= W18'58r � �S ?��9• R= 783.97' •°p' ��`E' MOST VLY CORNER N � D, yti ,�, DOC. NO. 33 L 4.33 ?p. _ , J �• Ss. �0 REC. 7/3/62. (1) N40728'51" E 25.76' R= 783.97' �s, �• j �lb L= 20.56' ®D =103 22' � , 'gyp IL „B„ R =808 97 Q • L= 14.91' �s• N.T.S. m bh NW LY LINE iNST. G N PARCEL 5 N0. 33 DENO T ES EASEMENT AREA Q' ;O°'• AREA PARCEL 1 = 7,736 SO.FT.f AREA PARCEL 2 = 10,803 SO.FT.f MOST WTY CORNER AREA PARCEL 3 = 774 SQ.FT. f ,��► �� DOC. NO. 33 AREA PARCEL 4 = 5,968 SQ.FT.f °�� °p� REC. 7/3/62. AREA PARCEL 5 = 189 SQ.FT.f LY COR LOT 6 N TE: 4 TRACT NO. 1 � �� ALL DATA SHOWN HEREON �(/ + 740 00 IS DERIVED FROM RECORD L 2 PCL. 2 SEE SHEET N . 1 Beirryrr�►sn & Hen4,9f Nt�l'LY, w'LY & SW'LY • w j e e, a c. UNE TR. NO. 14540 e s t c o a s o t t e o t o o live. ' r M.B. 322/38 -41 I.B. 416/19 � �s' RANCHO PALOS VERDES REDEVElSQPM�N�OVEENCY At3A!_V SEWER EASEMENT OWNER: APN:7572- 012 - 028,029 I&I DATE: 05-25-94 DRAWN BY: AYB I SHEET 2 OF � �: