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CC RES 1996-034Recording Requested By City of Rancho Palos Verdes And When Recorded Mail To: City Clerk Name: City of Rancho Palos Verdes Street 30940 Hawthorne Blvd. Address City, state & Rancho Palos Verdes CA Zip Code 90275 96 1003302 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 2:Q1 PM JUN 25 1996 Save Space Above This Line for Recorder's Use RESOLUTION NO. 96 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING A PORTION OF SLOPE EASEMENT OVER LOT NO. 18 OF TRACT NO. 24423 (FREE 4 Y WHEREAS, on June 29, 1995, an application was filed by Mr. Al Mashouf, the owner of the property commonly referred to as 5901 Clint Place requesting a modification of a public service easement consisting of a slope easement across said property which originally was required to accommodate the potential for the extension of Mossbank Drive; and WHEREAS, on May 21, 1996, at a duly noticed regular meeting of the Rancho Palos Verdes City Council, the City Council considered the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The legal description of the property where the public service easement is located is: Lot 18 of Tract 24423, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per map recorded in Book 643, Pages 10 to 13, inclusive, of Maps in the Office of the County Recorder of said County. Section 2. This vacation is being pursuant to the provisions of Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, which is entitled "Summary Vacation." Section 3. The portion of the slope easement which is to be vacated pursuant to this Resolution is described in the following paragraph which is made a part hereof and incorporated herein by this reference: 1 That portion of the slope easement shown on Lot 18 of Tract 24423, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per map recorded in Book 643, Pages 10 to 13, inclusive, of Maps in the Office of the County Recorder of said County, lying southwesterly of the following described line: Beginning at a point on the northwesterly line of said Lot, said point being located South 64 degrees 00 feet 53 inches West 95.00 feet from the most northerly point of said Lot, thence South 46 degrees 30 feet 40 inches East 188.90 feet more or less to the southeasterly corner of said Lot. Section 4. There are no public utility facilities which are currently in place within any portion of the public service easement which is located on the property commonly referred to as 5901 Clint Place. Accordingly, there are no public utility facilities within the portion of the easement which is to be vacated by this Resolution that are in use or that will be affected by the vacation of a portion of the public service easement. Section 5. The public service easement which traverses the property identified in Section 1 has not been used for the purpose for which is was dedicated in 1959, because Mossbank Drive has never been extended. It is appropriate to summarily vacate that portion of the slope easement which will not be necessary to the extension of Mossbank Drive, while still retaining the remainder of the slope easement in the event that the City Council determines in the future to extend Mossbank Drive. Accordingly, the portion of the public service easement which is being vacated by this Resolution is that portion of the slope easement which is not necessary for present or prospective public use. Section 6. The City Council hereby finds that the public convenience and necessity require the reservation and exception from the vacation of the easement the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non - vehicular trails for use by the public, sanitary sewers and storm drains and appurtenant structures in, upon over, and across the portion of the public service easement which is being vacated, and pursuant any existing franchise with the City of Rancho Palos Verdes, or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic, cable television and telephone lines, and for the transportation or distribution of electric energy, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the portion of the easement proposed to be vacated pursuant to this Resolution. 96- 100390` Resol. No. 96 -34 Page 2 Section 7. Said vacation shall not become effective for any purpose, and this Resolution shall not be recorded, unless and until the applicant satisfies all of the conditions set forth on Exhibit "A" hereto, which is made a part hereof and incorporated herein by this reference. Section 8. Subject to the applicant's compliance with all of the conditions set forth in Section 7 of this Resolution, and upon the authorization of the Director of Public Works, the City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Record of County of Los Angeles. From and after the date that this Resolution is recorded with the Los Angeles County Recorder, the portion of the slope easement which is described in Section 3 no longer constitutes a public service easement of the City of Rancho Palos Verdes. PASSED, APPROVED and ADOPTED this 21 day of May, 1996. /S/ MARILYN LYON MAYOR ATTEST: /S/ JO PURCELL CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) 1, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 96 -34 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 21, 1 6. City = rk City •f ' ancho Palos Verdes 96- 1003902 Resol. No. 96 -34 Page 3 Exhibit "A" Amendment No. 1 to Tract Map No. 24423 is approved, subject to the following conditions of approval: 1. Tract No. 24423 shall be amended, as approved, using a certificate of correction prepared by a registered civil engineer or licensed land surveyor. The certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction. 2. The certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the certificate of correction and if the only and if the only changes made are those permitted by Section 16.32.010 of the City's Development Code, the City Engineer shall certify the fact on the certificate of correction. 3. A trust deposit to cover the cost of the City Engineer's review of the certificate of correction shall be established by the applicant. The amount of the trust deposit shall be established by the Director of Planning, Building and Code Enforcement. 4. The certificate of correction certified by the City Engineer shall be filed in the Office of the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. 5. The applicant shall make a cash payment of $2,200 to the City, to cover the additional construction expense to extend Mossbank Drive, prior to the recordation of the certificate of correction. 96- 1003902 RESOL. NO. 96 -34 RESOLUTION NO. 96 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING A PORTION OF SLOPE EASEMENT OVER LOT NO. 18 OF TRACT NO. 24423 WHEREAS, on June 29, 1995, an application was filed by Mr. Al Mashouf, the owner of the property commonly referred to as 5901 Clint Place requesting a modification of a public service easement consisting of a slope easement across said property which originally was required to accommodate the potential for the extension of Mossbank Drive; and WHEREAS, on May 21, 1996, at a duly noticed regular meeting of the Rancho Palos Verdes City Council, the City Council considered the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The legal description of the property where the public service easement is located is: Lot 18 of Tract 24423, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per map recorded in Book 643, Pages 10 to 13, inclusive, of Maps in the Office of the County Recorder of said County. Section 2. This vacation is being pursuant to the provisions of Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, which is entitled "Summary Vacation." Section 3. The portion of the slope easement which is to be vacated pursuant to this Resolution is described in the following paragraph which is made a part hereof and incorporated herein by this reference: That portion of the slope easement shown on Lot 18 of Tract 24423, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per map recorded in Book 643, Pages 10 to 13, inclusive, of Maps in the Office of the County Recorder of said County, lying southwesterly of the following described line: Beginning at a point on the northwesterly line of said Lot, said point being located South 64 degrees 00 feet 53 inches West 95.00 feet from the most northerly point of said Lot, thence South 46 degrees 30 feet 40 inches East 188.90 feet more or less to the southeasterly corner of said Lot. Section 4. There are no public utility facilities which are currently in place within any portion of the public service easement which is located on the property commonly referred to as 5901 Clint Place. Accordingly, there are no public utility facilities within the portion of the easement which is to be vacated by this Resolution that are in use or that will be affected by the vacation of a portion of the public service easement. Section 5. The public service easement which traverses the property identified in Section 1 has not been used for the purpose for which is was dedicated in 1959, because Mossbank Drive has never been extended. It is appropriate to summarily vacate that portion of the slope easement which will not be necessary to the extension of Mossbank Drive, while still retaining the remainder of the slope easement in the event that the City Council determines in the future to extend Mossbank Drive. Accordingly, the portion of the public service easement which is being vacated by this Resolution is that portion of the slope easement which is not necessary for present or prospective public use. Section 6. The City Council hereby finds that the public convenience and necessity require the reservation and exception from the vacation of the easement the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or non - vehicular trails for use by the public, sanitary sewers and storm drains and appurtenant structures in, upon over, and across the portion of the public service easement which is being vacated, and pursuant any existing franchise with the City of Rancho Palos Verdes, or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic, cable television and telephone lines, and for the transportation or distribution of electric energy, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the portion of the easement proposed to be vacated pursuant to this Resolution. Section 7. Said vacation shall not become effective for any purpose, and this Resolution shall not be recorded, unless and until the applicant satisfies all of the conditions set forth on Exhibit "A" hereto, which is made a part hereof and incorporated herein by this reference. Section 8. Subject to the applicant's compliance with all of the conditions set forth in Section 7 of this Resolution, and upon the authorization of the Director of Public Works, the City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Record of County of Los Angeles. From and after the date that this Resolution is Resol. No. 96 -34 Page 2 recorded with the Los Angeles County Recorder, the portion of the slope easement which is described in Section 3 no longer constitutes a public service easement of the City of Rancho Palos Verdes. PASSED, APPROVED and ADOPTED this 21 day of May, 1996. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES )ss 1, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 96 -34 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 21, 1996. City Clerk City of Ra jho Palos Verdes Resol. No. 96 -34 Page 3 Exhibit "A" Amendment No. 1 to Tract Map No. 24423 is approved, subject to the following conditions of approval: 1. Tract No. 24423 shall be amended, as approved, using a certificate of correction prepared by a registered civil engineer or licensed land surveyor. The certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction. 2. The certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the certificate of correction and if the only and if the only changes made are those permitted by Section 16.32.010 of the City's Development Code, the City Engineer shall certify the fact on the certificate of correction. 3. A trust deposit to cover the cost of the City Engineer's review of the certificate of correction shall be established by the applicant. The amount of the trust deposit shall be established by the Director of Planning, Building and Code Enforcement. 4. The certificate of correction certified by the City Engineer shall be filed in the Office of the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. 5. The applicant shall make a cash payment of $2,200 to the City, to cover the additional construction expense to extend Mossbank Drive, prior to the recordation of the certificate of correction. RESOL. NO. 96 -34