CC RES 1997-114 RESOLUTION NO. 97-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THE
RECORDATION OF CONSERVATION EASEMENTS ON A
PORTION OF THE SHORELINE PARK PROPERTY AND ON
ALL OF THE PALOS VERDES DRIVE EAST SWITCHBACK
PROPERTIES IN CONJUNCTION WITH THE OCEAN
TRAILS PROJECT
WHEREAS, as part of the Coastal Commission's approval of the Ocean Trails
project, the developer was required to prepare a Habitat Conservation Plan for the
project, which included acquisition of conservation easements on the adjacent
Shoreline Park and Palos Verdes Drive East Switchback properties; and,
WHEREAS, the conservation easements are intended to ensure that the
properties will be maintained as open space in the future, thereby safeguarding the
coastal sage scrub habitat that currently exists or will be revegetated on the sites as
part of the Ocean Trails project. Coastal sage scrub is the habitat of the federally-
listed California gnatcatcher, as well as other sensitive native plant and animal species;
and,
WHEREAS, as required by the HCP, the conservation easements must be in
place before the developer can begin grading on the Ocean Trails project site.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The execution of the conservation easements on the Palos Verdes
Drive East Switchback and Shoreline Park properties are necessary in order to comply
with the requirements of the Habitat Conservation Plan approved for the Ocean Trails
project.
Section 2: The conservation easements are necessary to ensure that the
properties will be maintained as open space in the future, thereby safeguarding the
coastal sage scrub habitat that currently exists or will be revegetated on the sites as
part of the Ocean Trails project.
Section 3: The adoption of this Resolution is categorically exempt from the
California Environmental Quality Act pursuant to CEQA Guidelines Section 15303.
Section 4: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council
of the City of Rancho Palos Verdes hereby approves the conservation easements
attached hereto and made a part thereof, and authorizes the Mayor and City Clerk to
execute conservation easements on the Shoreline Park and Palos Verdes Drive East
Switchback properties that are in substantial conformance with the draft documents
attached to this Resolution, in order to satisfy the requirements of the Habitat
Conservation Plan (HCP) approved for the Ocean Trails project.
PASSED, APPROVED and ADOPTED this 16th day of December 1997.
MAYOR
ATTEST:
CI 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
that the above Resolution No. 97-114 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on December 16,1997.
City Cl9ncho
City of Palos Verdes
N:\GROUP\PLANNING\RESOS\CC\OTCON.WPD
Resolution No.. 97-114
Page 2 of 4
RECEIVED
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T • r City cif`Rancho Palos Verdes
.97 1!)9%231
I 10 1998
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RECORDING REQUESTED BY, AND RECORDED/FILED IN OFI _
WHEN RECORDED S OFF1 MAIL TO: RECORDER` � K s OFFICE
LOS ANGELES COUNTY
CITY CLERK _ CALIFORNIA
CITY OF RANCHO PALOS VERDES 9:01 AM -
DEC S 1997
30940 Hawthorne Boulevard 1
Rancho Palos Verdes, CA 90275-5391
(Space Above for Recorder's Use) - FREE
IRREVOCABLE OFFER TO CONVEY A CONSERVATION EASEMENT TO
THE CALIFORNIA DEPARTMENT OF FISH AND GAME
THIS IRREVOCABLE OFFER TO DEDICATE A CONSERVATION EASEMENT
TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME is made this 16th
day of December, 1997, by the City of Rancho Palos Verdes,
("Grantor") , in favor of the California Department of Fish and -
Game, ("Grantee") .
WITNESSETH.-
WHEREAS,
ITNESSETH:WHEREAS, Grantor is the sole owner in fee simple of certain
real property in the City of Rancho Palos Verdes, County of Los
Angeles, State of California, which is described in Exhibit "A"
attached hereto and incorporated herein by this reference (the
"Property") , which' is commonly referred to as "Shoreline Park" ;
and
WHEREAS, portions of the Property contain Coastal Sage Scrub
Habitat ("Habitat" ) which is of value in' the efforts that- are
being undertaken by various governmental entities, . including
Grantor, Grantee, and the United States Fish and Wildlife
Service, on behalf of the people of Los Angeles County, the
people of the State of California and the People of the United
States, to preserve certain species including, but not limited
to, the California Gnatcatcher, which is listed as a threatened
species under the Federal Endangered Species Act; and
WHEREAS, pursuant to the Ocean Trails Residential and Golf
Community Coastal Sacre 'Scrub and Sensitive Species Habitat
Conservation Plan (the "HCP") and the related Implementing
Agreement ("Implementing Agreement") among Palos Verdes Land
Holdings Company, Zuckerman Building Company, the United States
Fish and Wildlife Service ("USFWS") , the California Department of
Fish and Game ( "CDFG") and the City of Rancho Palos Verdes,
Grantor is to dedicate a conservation easement to Grantee as set
forth herein, subject to the terms and conditions set forth
below; and
WHEREAS, pursuant to the HCP and the Implementing Agreement,
Grantor also is to convey a license agreement to the developer of
the Ocean Trails Project to enhance and maintain Coastal Sage
970923 R6876-01010 pjn 0691992.006
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Scrub Habitat on twenty-one of the acres of said Property, as
described in the HCP and the Implementing Agreement; and
WHEREAS, pursuant to Fish and Game Code Section 1802,
Grantee has jurisdiction over the conservation, protection and
management of fish, wildlife, native plants and the habitat
necessary . to sustain said species; and
WHEREAS, Grantor intends, as the owner of the Property, to
convey to Grantee, the right to preserve and protect the Habitat
in perpetuity as set forth herein; and
WHEREAS, Grantee agrees upon accepting this grant to honor
the intentions of Grantor stated herein to preserve and protect
in perpetuity the Habitat located on the Property for- the benefit
of the species, this generation and the generations to .come
NOW, THEREFORE, in consideration of the above and the mutual -
covenants, terms, conditions, and restrictions contained herein,
and pursuant to the laws of the State of California, . including
Civil Code Section 815, et seq. , Grantor hereby offers to
dedicate to Grantee a conservation easement in perpetuity over
said Property of the nature and character and to the extent
hereinafter set forth ("Easement" ) .
1 . Purpose. It is the purpose of this Easement to assure
that, except for certain trails that are specified in Grantee' s
conceptual Trails Plan and the conditions of approval of the
Project including, without limitation, the Coastal Permit that '
was issued by the California Coastal Commission (A-5-RPV-93-005-
A6..) , the Property will be retained forever in a natural and open
space condition to prevent any use of the Property that will
significantly impair or interfere with the Habitat located on the
Property. Grantor intends that except as provided herein, this
Easement will restrict the use of the Property to open space and
such activities including, without limitation, those --involving
the preservation and enhancement of native species and their
habitat in a matter consistent with the habitat conservation
purposes of this Easement and the provisions of the HCP and the
Implementing Agreement .
2 . Rights of Grantee. To accomplish the purpose of this
Easement the following rights are conveyed to Grantee upon
acceptance of this Easement :
(a) To preserve and protect the Habitat located on the
Property;
(b) To enter upon the Property at reasonable times to
monitor Grantor' s compliance with and to otherwise enforce the
terms of this Easement; provided that Grantee shall not
unreasonably interfere with Grantor' s use and quiet enjoyment of
the Property;
970923 R6876-01010 pin 0691992.006 - 2 -
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(c) To prevent any activity on or use of the Property
that is inconsistent with the purposes of this Easement and to
require the restoration of such areas of the Property that may be
damaged by any inconsistent .activity or use;
(d) All mineral, air and water rights required to
protect and sustain the biological resources on the Property; and
(e) All present and future development rights to
develop the property for residential, institutional, commercial,
agricultural or industrial purposes.
In addition to the foregoing, this Easement recognizes :
(1) that Grantor will be recording a license agreement in favor
of the developer of the Ocean Trails Project which will allow
said developer and its agents to create, restore, maintain and
revegetate Habitat on the Property, as set forth in the HCP and
Implementing Agreement, and (2) that the Staff of the California -
Coastal Commission may enter the Property for purposes of
determining compliance with the conditions of approval of -the
Coastal Permit that was issued by the Coastal Commission for the
Ocean Trails Project (A-5-RPV-93-005-A6) .
3 . Prohibited Uses. Any activity on or use of the
Property inconsistent with the habitat conservation purposes of
this Easement is prohibited. Without limiting the generality of
the foregoing, unseasonal watering, the use of herbicides,
rodenticides or weed abatement or fire protection activities, in
a manner which would endanger, remove or ,adversely affect the
Coastal Sage Scrub Habitat located on the Property are expressly
prohibited. Grantor shall undertake all reasonable actions to
prevent the entry into the Habitat areas located on the Property
by persons whose activities may degrade or harm said Habitat
including, but not limited to, the installation of fences around
the Habitat. In addition, Grantor shall not authorize the use by
Grantor, Grantor' s agents or any third party of off-road
vehicles, grazing or surface entry for exploration or extraction
of minerals.
4 . Reserved Rights . Grantor reserves to itself, and to
its representatives, heirs, successors, and assigns, all rights
accruing from its ownership of the Property, including the right
to engage in or permit or invite others to engage in all uses of
the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including the
use of the trails set forth in Grantor' s Conceptual Trails Plan
or referred to in the Coastal Permit that traverse a portion of
the Property. In addition, Grantor further reserves the right to
maintain and improve the trails referred to in this Paragraph 4,
and to undertake or perform other maintenance or improvements
which will maintain the stability of the Property or the trails.
Any such activities by Grantor will preserve and protect the
Habitat located on the Property to the greatest extent
practicable, and if any of the Habitat is to be damaged or
970923 R6876-01010 pin 0691992.006 - 3 -
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destroyed by virtue of said activities of Grantor, Grantor shall -
comply with the environmental laws applicable to the particular
work, obtain any applicable permit (s) or authorization (s) from
Grantee and/or USFWS to perform the work, and shall replace or
restore said Habitat, in the same location, elsewhere on the -
Property, or on other portions of Shoreline Park, in accordance
with the replacement standards prevailing at that time.
5 . Grantee' s Remedies. In addition to any and all
remedies available to Grantee in law or in equity, --Grantor
intends that the remedies set forth in this Paragraph 5 shall be
available to Grantee and to USFWS, as an expressly identified
third party beneficiary of this Easement. If Grantee determines
that Grantor is in violation of the terms of this Easement or
that a violation is threatened, Grantee shall give written. notice
to Grantor of such violation and demand corrective action -
sufficient to cure the violation and, where the violation
involves injury to the Habitat resulting from any use or activity -
inconsistent with the purpose of this Easement, to restore the
portion of the Property or Habitat so injured. If Grantor tails
to cure the violation within fifteen (15) days after receipt of
notice thereof from Grantee, or under circumstances where the
violation cannot reasonably be cured within the fifteen (15) day
period, fails to begin curing such violation within the fifteen
(15) day period, or fails to continue diligently to cure such .
violation until finally cured, Grantee may bring an action in a
court of competent jurisdiction to enforce the terms of this
Easement, to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction, and to require the restoration
of the Property to the condition that existed prior to any such
injury. If Grantee, in its sole and reasonable discretion,
determines that circumstances require immediate action to prevent
or mitigate significant damage to the Habitat, Grantee may pursue
its remedies under this paragraph without waiting for the period
provided for cure to expire. Grantee' s rights under this
paragraph apply equally in the event of either actual or
threatened violations of the terms of this Easement, and Grantor
agrees that Grantee' s remedies at law for any violation of the
terms of this Easement are inadequate and that Grantee shall be
entitled to the injunctive relief described in this paragraph,
both prohibitive and mandatory, in addition to such other relief
to which Grantee may be entitled, including specific performance
of the terms of this Easement, without the necessity of proving
either actual damages or the inadequacy of otherwise available
legal remedies. Grantee' s remedies described in this paragraph
shall be cumulative and' shall be in addition to all remedies now
or hereafter existing at law or in equity. Furthermore, the
provisions of Civil Code Section 815, et sea. , are incorporated
herein by this reference and this Easement is made subject to all
of the rights and remedies set forth therein. If at any time in
the future Grantor or any subsequent transferee uses or threatens
to use the Property for purposes not in conformance with the
stated conservation purpose contained herein, notwithstanding
Civil Code Section 815, et sea. , the California Attorney General,
970923 R6876-01010 pjn 0691992.006. - 4
the United States, acting through the USFWS, or third-party -
entities organized for conservation purposes have standing as
interested parties in any proceeding affecting this Easement .
5 . 1 Costs of Enforcement . Any costs incurred by -
Grantee in enforcing the terms of this Easement against Grantor,
including, without limitation, costs of suit and attorneys' fees,
and any costs of restoration necessitated by Grantor' s negligence
or violation of the terms of this Easement shall be borne by-
Grantor.
5 .2 Grantee' s Discretion. Enforcement of the terms of
this Easement shall be at the sole discretion of Grantee, and any
forbearance by Grantee to exercise its rights under this Easement
in the event of any breach of any term of this Easement by
Grantor shall not be deemed or construed to be a waiver by
Grantee of such term or of any subsequent breach of the same or
any other term of this Easement or of any of Grantee' s rights -
under this Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
5 .3 Acts Beyond Grantor' s Control . Nothing contained
in this Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor' s control,
including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant
injury to the Property resulting from such causes.
6 . Fence Installation and Maintenance. Grantor. shall
install and maintain a fence around the Habitat where necessary
to protect it .
7 . Access . This Easement is not intended to convey
general right of access to the Habitat located on the Property to
the public; however, access for scientific research and
interpretive purposes shall be reserved to Grantee, USFWS or
their designees .
8 . Costs and Liabilities. Grantor retains all
responsibilities and shall bear all costs and liabilities of any
kind, including transfer costs, costs of title and documentation
review, expenses incurred from other State agency reviews, and
costs related to the ownership, upkeep, and maintenance of the
Property.
8 . 1 Taxes . Grantor shall pay before delinquency all
taxes, -assessments, fees, and charges of whatever description
levied on or assessed against the Property by competent authority
(collectively "taxes") , including any taxes imposed upon, or
incurred as a. result of, this Easement, and shall furnish Grantee
with satisfactory evidence of payment upon request .
970923 R6876-01010 pjn 0691992.006 - 5 -
8 . 2 Condemnation. The habitat conservation purposes
are presumed to be the best and most necessary public use as
defined in California Code of Civil Procedure Section 1240 . 680,
notwithstanding California Code of Civil Procedure Sections
1240 . 690 and 1240 . 700 .
9 . Assignment . This Easement is transferable, but Grantee
.shall not assign modify or abandon its rights and obligations
under this Easement without the prior written consent of the
USFWS. Grantee may assign its rights and obligations= under this
Easement only to an organization that is a qualified organization
at the time of transfer under Section 170 (h) of the Internal
Revenue Code of 1954, as amended (or any successor provision then
applicable) , and the applicable regulations promulgated
thereunder, and authorized to acquire and hold conservation
easements under California law, Civil Code Section 815, et sea. ,
(or any successor provision then applicable) . As a condition of
such transfer, Grantee shall require that the conservation
purposes that this grant is intended to advance will continue to
be carried out and notice of such restriction shall be recorded
in the Office of the Recorder of Los Angeles County. Grantee
shall give Grantor and USFWS at least thirty (30) days prior
written notice of the proposed transfer; Grantor and -USFWS each
have the right to object to such transfer, provided such
objection is transmitted in writing to Grantee within fifteen
(15) days of receipt of the written notice from Grantee.
10 . Subsequent Transfers . The terms, covenants,
conditions, exceptions, obligations and reservations contained in
this Offer shall be binding upon and inure to the benefit of the
successors and assigns of both the Grantor and the Grantee,
whether voluntary or involuntary. Grantor agrees to incorporate
the terms of this Easement in any deed or other legal instrument
by which Grantor divests itself of any interest in all or a
portion of the Property, including, without limitation, a
leasehold interest . Grantor further agrees to give written
notice to Grantee and USFWS of the intent to transfer any
interest at least fifteen (15) days prior to the date of such
transfer. The failure of Grantor to perform any act required by
this paragraph shall not impair the validity of this Easement or
limit its enforceability in any way.
11 . Estoppel Certificates . Upon request by Grantor,
Grantee shall within fifteen (15) days execute and deliver to
Grantor any document, including an estoppel certificate, which
certifies Grantor' s compliance with any obligation of -Grantor
contained in this Easement and otherwise evidences the status of
this Easement as may be requested by Grantor. ,
12 . Notices. . Any notice, demand, request, consent,
approval, or communication that either party desires or is
required to give to the other shall be in writing and either
served personally or sent by first class mail, postage prepaid, .
addressed as follows :
970923 R6876-01010 pjn 0691992.006 6
To Grantee : Department of Fish and Game
Region 5
330 Golden Shore, Suite 50
Long Beach CA 90802
Department of Fish and Game
Legal Affairs Division
1416 Ninth Street, 12th Floor
P.O. Box 944209
Sacramento, California 95814-2090
To Grantor: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Attn: City Manager
To USFWS: Field Supervisor
Unites States Fish and Wildlife
Service
2730 Loker Avenue West .
Carlsbad, California 92028
or to such other address as either party from time to time shall
designate by written notice to the other.
13 . Recordation. Grantor shall record this instrument in
timely fashion in the official records of the Office of the
Recorder of the County of Los Angeles, State of California, and
shall immediately notify Grantee through the mailing of a
conformed copy of the recorded offer of dedication of .the
easement. Grantee may record it at any time as may be required
to preserve its rights in this Easement .
14 . General Provisions .
(a) Controlling Law. The interpretation and
performance of this Easement shall be governed by the laws of the
State of the State of California.
(b) Liberal Construction. Any general rule of
construction to the contrary notwithstanding, this Easement shall
be liberally construed in favor of the grant to effect the
purposes of this Easement and the policy and purpose of Civil
Code Section 815, et sea. If any provision in this instrument is
found to be ambiguous, an interpretation consistent with the
purposes of this Easement that would render the provision valid
shall be favored over any interpretation that would render it
invalid.
(c) Severability. If any provision of this Easement,
or the application thereof to any person or circumstance, is
found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or
970923 R6876-01010 pjn 0691992.006 7 - 97 1990231
circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
(d) Entire Agreement . This instrument sets forth the
entire agreement of the parties with respect to the Easement and
supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged
herein.
(e) -No Forfeiture. Nothing contained herein will
result in a forfeiture or reversion of Grantor' s title in any
respect.
(f) Successors. The term "Grantor" , wherever used
-herein, and any pronouns used in place thereof, shall mean the
above-named Grantor, its heirs, successors, assigns, affiliates
and designers. ' The term "Grantee" , whenever used herein, and any
pronouns used in .place thereof, shall mean and include the above- -
named Grantee and any successors and assigns, and the USFWS as a
third party beneficiary identified in this Easement. .The .
covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the parties
hereto and their respective personal representatives, heirs,
successors, and assigns and shall continue as a servitude running
in perpetuity with the Property.
(g) Captions . The captions in this instrument have
been inserted solely for convenience of reference and are not a
part of this instrument and shall have no effect upon
construction or interpretation.
(h) Counterparts. The parties may execute this
instrument in two or more counterparts, which shall, in the
aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed
it . In the event of any disparity between the counterparts
produced, the recorded counterpart shall be controlling..
(i) Modifications. Any alterations, changes or
modifications of or to this Easement, including any attempt to
abandon or release the Easement, to be effective, shall require
the prior written approval of USFWS, shall be in writing and
shall be executed by Grantor and Grantee. Any such amendment
shall be recorded in the official records of the County of Los
Angeles.
(j ) Validity. If any portion of this instrument is
held to be invalid or for any reason become unenforceable, no
other provision shall be thereby affected or impaired.
15 . Benefits and Burdens. This offer shall run with
and burden the Property, and all obligations, terms, conditions
and restrictions hereby imposed shall be deemed to be covenants
and restrictions running with the land and shall be effective
970923 R6876-01010 pjn 0691992.006 8 - 97 1990231
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limitations on the use of the Property from and after the date of
recordation of this document and shall bind Grantor and all
successors and assigns of Grantor for a period of twenty-one (21)
years .
16 . Term. This irrevocable offer of dedication shall
be binding upon Grantor and its heirs, assigns or successors in
interest to the Property for a period of twenty-one (21) years.
Acceptance of this offer is subject to a covenant which runs with
the land, provided that Grantee may not abandon it but must
instead offer the easement to, other public agencies or private
associations for the duration of the term of the original offer
to dedicate, in accordance with the provisions of Section 9
above. The grant of easement, once accepted, shall run with the.
land and shall be binding on the owner of the Property and its
heirs and assigns'.
Exeguted on behalf of the City of Rancho Palos Verdes
on this Lday of A , 1997, at Rancho
Palos Verdes, California.
GRANTOR
CITY OF RANCHO PALOS VERDES
By. -&- atl6u
May6k .
ATTEST:
i
City Clerk
Approved as to form:
By:
Carol W. Lyn
City Attorney
City of Rancho Palos Verdes
970923 R6876-01010 pjn 0691992.006 - 9 - 97 1990231
16
State of California }
} ss.
County of }
On � , 194' , before me, , a
LNotary Public, personally appeared r �
. personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that-he/she/tom executed the same in-his/her/their authorized capacity(ies), and that by
-his/her/ter signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Jo puRcEu
Signature � carrrjhston#112974354
• �
Notary Pic--CaMforrto
My/CMM bow Mor 11,2001 �
(seal)
State of California }
} ss.
County of }
On , 19 , before me, , a
Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
970923 R6876-01010 pjn 0691992.006 97 1994231
SCHEDULE OF EXHIBITS
A. Legal Description of Property Subject to Easement
That certain parcel of land situated in the City of Rancho Palos Verdes, County of Los
Angeles, State of California, being that portion of Lot 98 of L.A.C.A. No. 51 as shown on
a map recorded in Book 1,-Page 1 of Assessor's -Maps in the Office of the County
Recorder of said Los Angeles.County, described as follows:
COMMENCING at the northeasterly corner of said Lot 98; thence along the
southeasterly line of said lot South 26° 44' 33" West 10.70 feet to a line parallel with and
10.00 feet southerIX, measured at right angles from the northerly line of said lot; thence
-along said parallel line North 84007' 21" West 107.02 feet to a line parallel with and
100.00 feet northwesterly, measured at right angles from said southeasterly fine and the
TRUE POINT OF BEGINNING ; thence continuing along first said parallel line and along
a line parallel and/or concentric with said northerly line through the following courses:
North 84007' 21"West 415.12 feet to the beginning of a tangent curve concave southerly
and having a radius of 960.00 feet; thence along said curve westerly 345.49 feet through
a central angle of 20037' 12"; thence tangent from said curve South 75015' 27" West
154.12 feet to the beginning of a tangent curve concave northerly and having a radius of
1040.00 feet; thence along said curve westerly 40.68 feet through a central angle of 020141
29" to the northwesterly line of the land described in a Grant Deed to the County of Los
Angeles, recorded January 24; 1958 as Document No. 1592 in Book 56427, Page 158 of
-,Official Records in said Office of the Los Angeles County Recorder; thence leaving said
parallel and/or concentric line, non-tangent from said curve along said northwesterly line
South 35038' 0711 West 66.52 feet; thence South 07025' 00" East 127.23 feet; thence South
43055' 00" Vilest 199.86 feet; thence South 51025' 00" West 213.50 feet to said
northwesterly line; thence along said northwesterly line through the following courses:
South 35038' 07" West 280.80 feet; thence North 54021' 53" West.194.26 feet; thence
South 14056' 57" West 279.44 feet to a point hereinafter referred to as Point "K; thence
continuing South 14056' 57" West 237.16 feet; thence leaving said northwesterly line
North 62°45' 00" East.599.84 feet; thence South 71°05' 00" East 62.33 feet; thence North
83'10' 00" East 305.00 feet; thence South 80045' 00" East 236.00 feet; thence South
27000' 00" East 115.00 feet; thence South 57000' 00" East 59.12 feet.to said line parallel
with and 100.00 feet northwesterly measured at right angles from'said southeasterly line
of Lot 98; thence along said parallel line North 26044' 33" East 1104._34 feet to the TRUE
POINT OF BEGINNING.
97 1990231
970923 R6876-01010 pjn 0691992.006
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City of Rancho Palos Verde
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1 1 1998
RECORDED/FILED IN
RECORDING REQUESTED BY, AND RECORDER'S p 1 E FFICE
WHEN RECORDED, MAIL TO: LOS ANGELES COUNTY
CALIFORNIA
CITY CLERK .
9.01AM
CITY OF RANCHO PALOS VERDE DEC1 S 1997,s
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
(Space Above for Recorder's Use) FREE
K �
IRREVOCABLE OFFER TO CONVEY A CONSERVATION EASEMENT. TO
THE CALIFORNIA DEPARTMENT OF FISH AND GAME
THIS IRREVOCABLE OFFER TO DEDICATE A CONSERVATION EASEMENT
TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME is made this 16th
day of December, 1997, by the City of Rancho Palos Verdes,
( "Grantor") , in favor of the California Department of Fish and
Game,, ("Grantee") .
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain
real property in the City of Rancho Palos Verdes, County of Los
Angeles, State of California, .whic.h is described in Exhibit "All
attached hereto and incorporated herein by this reference (the
"Property") , which is commonly referred to as the "Switchback
property and
WHEREAS, portions of the Property contain Coastal Sage Scrub
Habitat ("Habitat") which is of value in the efforts that are
being undertaken by various governmental entities, - including
Grantor, Grantee, and the United States Fish and Wildlife
Service, on behalf of the people of Los Angeles County, the
people of the State of .California and the People of the United
States, to preserve certain species . including, but not limited
to, the California Gnatcatcher, which is listed as a threatened
species under the Federal Endangered Species Act; and. -
WHEREAS, pursuant to the Ocean Trails Residential and Golf
Community Coastal Sage Scrub and Sensitive Species Habitat
Conservation Plan (the "HCP") . and the related Implementing
Agreement ( "Implementing Agreement" ) among Palos Verdes Land
Holdings Company, Zuckerman Building Company, the. United States
Fish and Wildlife Service ("USFWS" ) , the California Department of
Fish and Game ( "CDFG" ) and the City of Rancho Palos Verdes,
Grantor is to dedicate a conservation easement to Grantee as set
. forth herein, subject to the terms and conditions set forth
below; and
WHEREAS, pursuant to the HCP and the Implementing Agreement,
Grantor also is to convey a license agreement to the developer of
the Ocean Trails Project to enhance and maintain Coastal Sage
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Scrub Habitat on twenty-one of the acres of said- Property, as
described in the HCP and the Implementing Agreement; and
WHEREAS, pursuant to Fish and Game Code Section 1802,
Grantee has jurisdiction over the conservation, protection and
management of fish, wildlife, native plants and the habitat
necessary to sustain said species; and
WHEREAS, Grantor intends, as the owner of the Property, to
convey to Grantee, the right to preserve and protect the Habitat
in perpetuity as set forth herein; and
WHEREAS, Grantee agrees upon accepting this grant to 'honor
the intentions of Grantor stated herein to preserve and protect
in perpetuity the Habitat located on the Property for the --benefit
of the species, this generation and the generations to come;
NOW, THEREFORE, in consideration of the above and-- the mutual
covenants, terms, conditions, and restrictions contained herein,
and pursuant to the laws of the State of California, including
Civil Code Section 815, et seq. , Grantor hereby offers to
dedicate to Grantee a conservation easement in perpetuity over
said Property of the nature and character and to the extent
hereinafter set forth ("Easement" ) .
1. Purpose. It is the purpose of this Easement to assure
that, except for the Palos Verdes Drive East street right-of-way
and appurtenant drainage facilities and certain trails that are
specified in Grantee' s conceptual Trails Plan, the Property will -
be retained forever in a natural and open space* condition .to
prevent any use of the Property that will significantly impair or
interfere with the Habitat located on the Property. Grantor
intends that except as provided herein, this Easement will
restrict .the use of the Property to open space and such
activities including, without limitation, those involving the
preservation and enhancement of native species -and their. habitat
in a matter consistent with the habitat conservation purposes of
this Easement and the provisions of the HCP and the Implementing
Agreement .
2 . Rights of Grantee. To accomplish the purpose of this
Easement the following rights are conveyed to Grantee upon
acceptance of this Easement :
(a) To preserve and protect the Habitat located on the
Property;
(b) To enter- upon the Property at reasonable times to
monitor Grantor' s compliance with and to otherwise enforce the
terms of this Easement; provided that Grantee shall not
unreasonably interfere with Grantor' s use and quiet enjoyment of
the Property;
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(c) To prevent any activity on or use of the Property
that is inconsistent with the purposes of this Easement and to
require the restoration of such areas of the Property that may be
damaged by any inconsistent activity or use;
(d) All mineral, air and water rights required to
protect and sustain the biological resources on the Property; and
(e) All present and future development rights to
develop the property for residential, institutional, commercial,
agricultural or industrial purposes.
In addition to the foregoing, this Easement recognizes:
(1) that Grantor will be recording a license agreement in favor
of the developer of the Ocean Trails Project -which will allow
said developer and its agents to create, restore, maintain and
revegetate Habitat on twenty-one acres of the Property, as set
forth in the HCP and Implementing Agreement, and (2) -- that the
Staff of the California Coastal Commission may enter the Property
for purposes of determining compliance with the conditions of
approval of the Coastal Permit that was issued by the Coastal
Commission for the Ocean Trails Project (A-5-RPV-93-005-A6) .
3 . Prohibited Uses . Any activity on or use of the
Property inconsistent with the habitat conservation purposes of
this Easement is prohibited. Without limiting the generality of,
the foregoing, unseasonal watering, the use of herbicides,
rodenticides or weed abatement or fire protection activities, in
a manner which would endanger, remove or adversely affect the
Coastal Sage Scrub Habitat located on the Property are expressly
prohibited. Grantor shall undertake all reasonable actions to : -
prevent the entry into the Habitat areas located on the Property
by persons whose activities may degrade or harm said Habitat
including, but not limited to, the installation of fences around
the Habitat. In addition, Grantor shall not authorize the use by
Grantor, Grantor' s agents or any third party of off-road
vehicles, grazing or surface entry for exploration or extraction
of minerals.
4 . Reserved Riad. Grantor reserves to itself, and to
its representatives, heirs, successors, and assigns, all rights
accruing from its ownership of the Property, including the right
to engage in or permit or invite others to engage in all uses of
the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Easement, including the
use of- the Palos Verdes Drive East street right-of-way and the
two pedestrian trails set forth in Grantor' s Conceptual Trails
Plan that traverse a portion of the Property. In addition..-
Grantor
ddition,Grantor further reserves the right to maintain and improve Palos
Verdes Drive East and the drainage facilities appurtenant
thereto, the pedestrian trails referred to in this Paragraph 4,
and to undertake or perform other maintenance or improvements
which will maintain the stability of the Property or the street
right-of-way. Any such activities by Grantor will preserve and
970923 R6876-01010 pjn 0691992.005 - 3 -
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protect the Habitat located on the Property to the greatest
extent practicable, and if any of the Habitat is to be damaged or
` destroyed by virtue of said activities of Grantor, Grantor shall
comply with the environmental laws applicable to the particular
work, obtain any applicable permit (s) or authorization (s) from
Grantee and/or USFWS to perform the work, and shall replace or
restore said Habitat, either in the same location or elsewhere on
.the Property, in accordance with the replacement standards
prevailing at that time.
5 . Grantee' s Remedies. In addition to any and all
remedies available to Grantee in law or in equity, Grantor-
intends that the remedies set forth in this Paragraph 5 shall be
available to Grantee and to USFWS, as an expressly identified
third party beneficiary of -this Easement . If Grantee determines
that Grantor is in violation of the terms of this Easement . or
that a violation is threatened, Grantee shall give written notice
to Grantor of such violation and demand corrective action
sufficient to cure the violation and, where the violation
involves injury to the Habitat resulting from any use or activity
inconsistent with the purpose of this Easement, to restore the
portion of the Property or Habitat so injured. If Grantor fails
to cure the violation within fifteen (15) days after receipt of
notice thereof from Grantee, or under circumstances where the
violation cannot reasonably be cured within the fifteen (15) day
period, fails to begin curing such violation within the fifteen
(15) day period, or fails to continue diligently to cure such
violation until finally cured, Grantee may bring an action in a
court of competent jurisdiction to enforce the terms of this
Easement, to enjoin the violation,. ex parte as necessary,. by
temporary or permanent injunction,. and to require the restoration
of the Property to the condition that existed prior to any such
injury. If Grantee, in its sole and reasonable discretion,
determines that circumstances require immediate action to prevent
or mitigate significant damage to the Habitat, . Grantee may pursue
its remedies under this paragraph without waiting for the period
provided for cure to expire. Grantee' s rights under this
paragraph apply equally in the event of either actual or
threatened violations of the terms of this Easement, - and Grantor
agrees that Grantee' s remedies at law for any violation of. the
terms of this Easement are inadequate and that Grantee shall be
entitled to the injunctive relief described in this paragraph,
both prohibitive and mandatory, in addition to such other -relief
to which Grantee may be entitled, including specific performance
of the terms of this Easement, without the necessity of proving
either actual damages or the inadequacy of otherwise available
legal remedies. Grantee' s remedies described in this paragraph
shall be cumulative and- shall- be in addition to all. remedies now
or hereafter existing at law or in equity. Furthermore, the
provisions of Civil Code Section 815, et sea. , are incorporated
herein by this reference and this Easement is made subject to all
of the rights and remedies set forth therein. If at any time in
the future Grantor or any subsequent transferee. uses or threatens
to use the Property for purposes not in conformance with the
970923 R6876-01010 pjn 0691992.005 - 4
stated conservation purpose contained herein, notwithstanding
Civil Code Section 815, et sea. , the California Attorney General,
the United States, acting through the USFWS, or third-party
entities organized for conservation purposes have standing as
interested parties in any proceeding affecting this Easement .
5 .1 Costs of Enforcement . Any costs incurred by
.Grantee in enforcing the terms of this Easement against Grantor,
including, without limitation, costs of suit and attorneys' fees,
and any costs of restoration necessitated by Grantor' s negligence
or violation of the terms of this Easement shall be borne by
Grantor.
5 .2 Grantee' s Discretion. Enforcement of the terms of
this Easement shall be at the sole discretion of Grantee, and any
forbearance by Grantee to exercise its rights under. this Easement
in the event of any breach of any term of this Easement by
Grantor shall not be deemed or construed to be a waiver by -
Grantee of such term or of any subsequent breach of the same or
any other term of this Easement or of any of Grantee' s rights
under this Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by .Grantor shall
impair such right or remedy or be construed as a waiver.
5 .3 Acts Beyond Grantor' s Control. Nothing contained
in this Easement shall be construed to entitle Grantee to bring
any action against .Grantor for any injury to or change in the
Property resulting from causes .beyond Grantor' s control,
including, without limitation, fire,- flood., storm, and earth
movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant
injury to the Property resulting from such causes .
6 . Fence Installation and Maintenance . Grantor shall
install and maintain a fence around the Habitat where necessary
to protect it .
7 . Access . This Easement is not intended to convey
general right of access to the Habitat located on the Property to
the public; however, access for scientific research and
interpretive purposes shall be reserved to Grantee, USFWS or
their designees.
8 . Costs and Liabilities. Grantor retains all
responsibilities and shall bear all costs and liabilities of any
kind, including transfer costs, costs of title and documentation
review, expenses incurred from other State agency reviews, and
costs related to the ownership, upkeep, and maintenance of the
Property.
8 . 1 Taxes. Grantor shall pay before delinquency all
taxes; assessments, fees, and charges of whatever description
levied on or assessed against the Property by competent authority
(collectively "taxes" ) , including any taxes imposed upon, or
970923 R6876-01010 pjn 0691992.005 - 5 -
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incurred as a result of, this Easement, and shall furnish Grantee
with satisfactory evidence of payment upon request_
8 .2 Condemnation. The habitat conservation purposes
are presumed to be the best and most necessary public use as
defined in California Code of Civil Procedure Section 1240 . 680,
notwithstanding California Code of Civil Procedure Sections
1240 . 690 and 1240 . 700 .
9 . Assignment . This Easement is transferable, but Grantee
shall not assign modify or abandon its rights and obligations
under this Easement without the prior written consent of the
USFWS. Grantee may .assign its rights and obligations under this
Easement only to an organization that is a qualified organization
at the time of transfer under Section 17 0 (h) of the Internal
Revenue Code of 1954, as amended (or any successor provision then
. applicable) , and the applicable regulations promulgated
thereunder, and authorized to acquire and hold conservation -
easements under California law, Civil Code Section 815, et sea. ,
(or any successor provision then applicable) As a condition of
such transfer! Grantee shall require that the conservation
purposes that this grant is intended to advance will continue to
be carried out and notice of such restriction shall be recorded
in the Office of the Recorder of Los Angeles County. Grantee
shall give Grantor and USFWS at least .thirty (30) days prior
written notice of the proposed transfer; Grantor and USFWS each
have the right to object to such transfer, provided such
objection is transmitted in writing to Grantee within fifteen
(15) days of receipt of the written notice from Grantee.
10 . Subsequent Transfers. The terms, covenants,
conditions, exceptions, obligations and reservations contained in
this Offer shall be binding upon and inure to the benefit of the
successors and assigns of both the Grantor and the Grantee,
whether voluntary or involuntary. Grantor agrees to incorporate
the terms of this Easement in any deed or other legal instrument
by which Grantor divests itself of any interest in all or a
portion of the Property, including, without limitation, a
leasehold interest . Grantor further agrees to give written
notice to Grantee and USFWS of the intent to transfer any
interest at least fifteen (15) days prior to the date of such
transfer. The failure of Grantor to perform any act required by
this paragraph shall not impair the validity of this Easement or
limit its enforceability in any way.
11. Estoppel Certificates. Upon request by Grantor,
Grantee shall within fifteen (15) days execute and deliver to
Grantor any document, including an estoppel certificate, which
certifies Grantor' s compliance with any obligation of Grantor
contained in this Easement and otherwise evidences the status of
this Easement as may be requested by Grantor.
12 . Notices. Any notice, demand, request, consent,
approval, or communication that either party desires or is
970923 R6876-01010 pjn 0691992.005 - 6 - 1990232 .
required to give to the other shall be in writing and either
served personally or sent by first class mail, postage prepaid,
addressed as follows :
To Grantee: Department of Fish and Game
Region 5
330 Golden Shore, Suite 50
Long Beach CA 90802
Department of Fish and Game
Legal Affairs Division
1416 Ninth Street, 12th Floor
P.O. Box 944209
Sacramento, California 95814-2090
To Grantor: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Attn: City Manager
To USFWS: Field Supervisor
Unites States Fish and Wildlife
Service
2730 Loker Avenue West
Carlsbad, California 92028
or to such other address as either party from time to time shall
designate by written notice to the other.
13 . Recordation. Grantor shall record this instrument in
timely fashion in the official records of the Office of the
Recorder of the County of Los Angeles, State of California, and
shall immediately notify Grantee through the mailing of a
conformed copy of the recorded offer of dedicat ion of the
easement . Grantee may record it at any time as maybe required
to preserve its rights in this Easement .
14 . General Provisions.
(a) Controlling Law. The interpretation and
performance of this Easement shall be governed by the laws of the
State of the State of California.
(b) Liberal Construction. Any general rule of
construction to the contrary notwithstanding, this Easement shall
be liberally construed in favor of the grant to effect the
purposes of this Easement and the policy and purpose of Civil
Code Section -815, et sea. If any provision in this instrument is
found to be ambiguous, an interpretation consistent with the
purposes of this Easement that would render the provision valid
shall be favored over any interpretation that would render it
invalid.
970923 R6876-01010 pjn 0691992.005 7 - 97 1990232
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(c) Severability. If any provision of this Easement,
or the application thereof to any person or circumstance, is
found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or
circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
(d) Entire Agreement . This instrument sets forth the
entire agreement of the parties with respect to the Easement and
supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged
herein.
(e) No Forfeiture. Nothing contained herein will
result in a forfeiture or reversion of Grantor' s title in any
respect.
(f) Successors. The term "Grantor" , wherever used -
herein, and any pronouns used in place thereof, shall mean the
above-named Grantor, its heirs, successors, assigns, affiliates
and designers. The term "Grantee" , whenever used herein, and any
pronouns used in place thereof, shall mean and include the above-
named Grantee and any successors and assigns, and the USFWS as a
third party beneficiary identified in this Easement . The
covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the parties
hereto and their respective personal representatives, heirs,
successors, and assigns and shall continue as a servitude running
in perpetuity. with the Property.
(g) Captions. The captions in this instrument have
been inserted solely for convenience of reference and are not a
part of this instrument and shall have no effect upon
construction or interpretation.
(h) Counterparts. The parties may execute this
instrument in two or more counterparts, which shall, in the
aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed
it . In the event of any disparity between the counterparts
produced, the recorded counterpart shall be controlling.
(i) Modifications. Any alterations, changes or
modifications of or to this Easement, including any attempt to
abandon or release the Easement, to be effective, shall require
the prior written approval of USFWS, shall be in writing and
shall be executed by Grantor and Grantee. Any such amendment
shall be recorded in the official records of the County of Los
Angeles.
(j ) Validity. If any portion of this instrument is
held to be invalid or for any reason become unenforceable, no
other provision shall be thereby affected or impaired.
970923 R6876-01010 pjn 0691992.005 - 8 - 97 1990232
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15 . Benefits and Burdens. This offer shall run with
and burden the Property, and all obligations, terms, conditions
and restrictions hereby imposed shall be deemed to be covenants
and restrictions running with the land and shall be effective
limitations on the use of the Property from and after the date of
recordation of this document and shall bind Grantor and all
successors and assigns of Grantor for a period of twenty-one (21)
years.
16 . Term. This irrevocable offer of dedication shall
be binding upon Grantor and its heirs, assigns or successors in,
interest to the Property for a period of twenty-one (.21) years.
Acceptance of this offer is subject to a covenant which runs with
the land, provided that Grantee may not abandon it but must
instead offer the easement to other public agencies or private
associations for the duration of the term of the original offer
to dedicate, in accordance with the provisions of Section -9
above. The grant of easement, once accepted, shall run with the
land and shall be binding on the owner of the Property and its
heirs and assigns .
Executed on behalf of the City of Rancho Palos Verdes
on this L i 44 day of 1997, at Rancho
Palos Verdes, California.
GRANTOR
CITY OF RANCHO PALOS VERDES
By• zq z",e x
Ma r
ATTEST:
City Clerk
Approved as to form:
By:
Carol W. Lyneli
City Attorney
City of Rancho Palos Verdes
970923 R6876-01010 pjn 0691992.005 - 9 ' -
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State of California }
} ss.
County of }
On , 19 , before me, , a
Notary Public, personally appeared r
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/tom executed the same in-Jais/her/their authorized capacity4es), and that by
bis/her/tlwr signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
JO PURM
Com#nA*n#112V36
f ~�► NAS-Cm;
S i gnature
l.cs AroWas Co^
My Comm.b"es Mau i I,2M]
(seal)
State of California }
} ss.
County of }
On , 19 , before me, , a
Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.,
WITNESS my hand and official seal.
Signature
(seal)
s
970923 R6876-01010 pjn 0691992.005 97 1990232
A * ,A
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Exhibit "A"
PROPERTY
That certain real property located in the City of Rancho Palos Verdes, County of Los
Angeles, State of California described as follows:
Lots 25 and 26 of Tract 32574 recorded in Book 913, pages 87 through 93,
inclusive, in the Official Records of the Recorder of the County of Los Angeles, California.
j
97 1990232
970923 R6876-01010 pjn 0691992..005