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CC RES 2013-068 RESOLUTION NO. 2013-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO ACCEPT A GRANT FROM THE STATE OF CALIFORNIA AND A SUB-GRANT FROM THE UNITED STATES FISH AND WILDLIFE SERVICE AND AUTHORIZING THE ACQUISITION OF ASSESSOR'S PARCEL NUMBER(S) APN: 7578-003-004 & 7578-003-007, TOTALING APPROXIMATELY 16.25 ACRES, IN THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY, CALIFORNIA. WHEREAS, Malaga Canyon consists of undeveloped open space in the northern part of the City of Rancho Palos Verdes ("City") within the Grandview neighborhood. The Canyon runs primarily in a North-South direction crossing under Montemalaga Drive and flowing into the City of Palos Verdes Estates; and WHEREAS, In August 2004, the City Council adopted the Rancho Palos Verdes Natural Communities Conservation Plan ("NCCP"), which proposed the establishment of a habitat preserve by the City in exchange for allowing 50 years' worth of City projects (and certain private projects) that will impact protected habitat in the City on an as needed basis. Since that time, through the dedication of unimproved properties owned by the City and the Palos Verdes Peninsula Land Conservancy, along with major open space land acquisitions in 2005 and 2009, the creation of a 1400-acre NCCP Preserve was completed; and WHEREAS, coastal sage scrub habitat, which provides habitat for threatened species that reside on the Palos Verdes Peninsula is located within Malaga Canyon; and WHEREAS, Ya Yi May, the owner of the property that is described in Exhibit "A" hereto, is willing to sell said property to the City so that additional habitat and open space can be provided; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS: 1. The acquisition of Assessor's Parcel Numbers APN: 7578-003-004 & 7578-003-007, which are more particularly described in Exhibit "A" hereto ("Identified Property) for the preservation of habitat and open space is exempt from the provisions of the California Environmental Quality Act; 2. The Identified Property possesses high ecological and habitat value and will provide habitat for threatened or endangered species that inhabit the Palos Verdes Peninsula; 3. The use of the grant funds referenced herein for acquisition of the Identified Property is an appropriate expenditure; 4. The staff reports and recommendations therein that have been prepared regarding this item are hereby adopted and incorporated herein by this reference; 5. The Mayor of the City is hereby authorized to execute the California Wildlife Conservation Board Grant Agreements for Acquisition of Fee Interest and the acceptance of grant funds from the listed agencies for the purpose of acquisition of the Identified Property; 6. The City Manager is hereby authorized to accept fee title to the identified property on behalf of the City; and 7. The City Manager is hereby authorized to do any and all acts necessary to carry out this resolution and any recommendations made by the City Council. ayor ATTEST: ,`/ C-727, 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. 2013-68 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 6, 2013. (72/' City Clerk Resolution No. 2013-68 Page 2 of 2 EXHIBIT "A" Resolution LEGAL DESCRIPTION Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described as follows: PARCEL 1: THAT PORTION OF LOTS 23, 41 AND 43 OF L.A.C.A.NO. 51, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353,AS PER MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF SAID COUNTY THENCE NORTH 70° 00' 00" EAST 212.61 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LAND SOUTH 20° 32' 00" EAST 136.13 FEET AND NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY, SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO M. Z. CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST MENTIONED DEED NORTH 89° 34' 30" EAST 97.71 FEET TO THE WESTERLY BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 9° 48' 07" WEST 71.79 FEET, SOUTH 1° 09' 26" EAST 151.57 FEET AND SOUTH 4° 3' 01" EAST 27.27 FEET TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 5° 5'42" WEST 259.05 FEET AND SOUTH 39° 19' 50" EAST 263.76 FEET TO THE NORTHERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL., RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 86° 58' 40" WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 430 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 185.63 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69° 35' 03" AN ARC DISTANCE OF 255.04 FEET,NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 450 FEET,NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 292.80 FEET AND NORTH 79° 24' 30" WEST 17.34 FEET TO THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO. ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207 PAGE 182, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST MENTIONED EASTERLY BOUNDARY NORTH 19° 06' 50" WEST 135.49 FEET TO THE SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HAVING A BEARING AND DISTANCE SOUTH 71° 11' 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE NORTH 71° 11' 51" EAST 100.12 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 21353; THENCE ALONG SAID LAST MENTIONED SOUTHERLY BOUNDARY SOUTH 58° 46' 54" EAST 211.29 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY. Resolution No. 2013-68 Exhibit A Page 2 of 7 PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE,AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY; SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 42° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; Resolution No. 2013-68 Exhibit A Page 3 of 7 THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET; THENCE NORTH 79° 24' 30" WEST 103.08 FEET. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HAVING A BEARING AND LENGTH OF NORTH 31° 37' 40" WEST 66.43 FEET. Resolution No. 2013-68 Exhibit A Page 4of7 PARCEL 3: THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER MAP RECORDED IN BOOK 621 PAGES 51 TO 53 OF MAPS OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 22794, SOUTH 52° 05' 50" WEST 142.04 FEET AND NORTH 65° 30' 00" WEST 77.63 FEET TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 34° 51' 52" EAST 125.62 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID LAND NORTH 30° 00' 00" EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 11° 20' 45" EAST, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 30" AN ARC DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 159.73 FEET AND SOUTH 86° 58'40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 39° 19' 50" EAST 699.97 FEET TO THE NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES 90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 50° 28' 52" WEST 305.04 FEET AND SOUTH 38° 51' 38" WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT 22794; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT,NORTH 15° 27' 04" EAST 71.08 FEET,NORTH 39° 30' 00" WEST 240.44 FEET,NORTH 27° 48' 3" WEST 188.49 FEET,NORTH 8° 25' 06" WEST 73.21 FEET,NORTH 45° 51' 22" WEST 75.28 FEET,NORTH 71° 00' 00" WEST 71.50 FEET AND NORTH 86° 30' 44" WEST 131.63 FEET TO THE POINT OF BEGINNING. Resolution No. 2013-68 Exhibit A Page 5 of 7 PARCEL 4: NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES, ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES) ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND, WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS, STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY; SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES 32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A CENTRAL ANGLE OF 9° 51' 22" AN ARC DISTANCE OF 26.66 FEET; THENCE NORTH 86° 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 44' 03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET; THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 291.47 FEET; THENCE NORTH 4° 07' 42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; Resolution No. 2013-68 Exhibit A Page 6 of 7 THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 37° 16' 48" AN ARC DISTANCE OF 273.28 FEET. THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 213 51 AS HAVING A BEARING AND LENGTH OF "NORTH 31° 37' 40" WEST 146.20 FEET" AND IT'S SOUTHEASTERLY PROLONGATION AND SO AS TO TERMINATE WESTERLY IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO. 30635 AS HAVING A BEARING AND LENGTH OF "NORTH 19° 06' 50" WEST 83.62 FEET" AND IT'S SOUTHEASTERLY PROLONGATION. APN: 7578-003-004 & 7578-003-00 Resolution No. 2013-68 Exhibit A Page 7of7