CC SR 20150203 G Palos Verdes Nature Preserve Record DeedCITY OF RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL ME RS
FROM: JOEL ROJAS, AICP, COMMUNIT E OPMENT DIRECTOR
DATE: FEBRUARY 3, 2015
SUBJECT: PALOS VERDES NATURE PRESERVE - RECORDATION OF DEED
RESTRICTIONS PURSUANT TO THE HABITAT CONSERVATION
FUND GRANT (SUPPORTS 2014 CITY COUNCIL GOALS — TRAIL
SYSTEM ENHANCEMENT AND CITIZEN INVOLVEMENT & PUBLIC
OUTREACH)
REVIEWED: CAROLYNN PETRU. ACTING CITY MANAGER®
Project Manager: Ara Michael Mihranian, AICP, Deputy Development Direct
RECOMMENDATION
Authorize the Community Development Director to sign and record Deed Restrictions on
the properties that make up the Palos Verdes Nature Preserve as required by the
California Department of Parks and Recreation for the 2012 Habitat Conservation Fund
grant awarded to City for trail improvements and habitat restoration.
BACKGROUND
On October 2, 2012, the City Council adopted Resolution No. 2012-75 authorizing the
Palos Verdes Peninsula Land Conservancy (PVPLC), on behalf of the City of Rancho
Palos Verdes, to submit a grant application for the State's 2012 Habitat Conservation Fund
for trail improvements and habitat restoration at the Palos Verdes Nature Preserve. In July
2013, the jointly filed grant was awarded to the City and the PVPLC and covers the
following (the responsible entity follows each item):
• Improving the condition of the existing trails for access and connectivity purposes
(PVPLC)
• Closing unofficial trails (PVPLC)
• Installing bicycle racks at various trailhead locations (RPV)
• Installing mutt mitt stations (RPV)
• Replacing trash bins (RPV)
• Installing, replacing and repairing trail marker signs (PVPLC)
• Installing interpretive signs (PVPLC)
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• Installing Reserve Gateway Entry Signs at key entry points to the Preserve
(PVPLC)
• Developing brochures and trails maps for the public's use (PVPLC)
• Developing a smart phone application to access trail and interpretative information
while on a trail (PVPLC)
• Habitat re -vegetation that consists of a combination of seeding with native plant
seeds and planting container plants (PVPLC).
The HCF grant requires a 100% matching fund. The total cost for the project components
listed above is valued at $261,600. Based on the terms of the awarded grant, the PVPLC
will provide $120,000 as the matching fund for its components of the project and the City
will provide $10,800 as the matching fund for its components of the project with the grant
funding the remaining balance of $130,800.
In order to ensure the property is used for purposes consistent with the grant scope, State
Parks requires a Deed Restriction be recorded on the properties that make up the
Preserve. Thus, the Council is being asked to authorize the Community Development
Director, the City's authorized representative for the grant, to proceed with recording the
Deed Restrictions with the Los Angeles County Recorder's Office.
DISCUSSION
The Deed Restriction (see attachment) required by State Parks to be recorded against the
property titles that make up the Preserve limits the use of the property for recreational
purposes for a period of 20 years (terminating on June 30, 2033). This deed restriction is
not like the deed restrictions required by the Land and Water Conservation Fund (LWCF)
that prohibit a property from being developed or improved in perpetuity or the grantee
needing permission from the National Parks Service (NPS) prior to performing any on-site
improvements that were not originally described in the awarded grant. Essentially, the
purpose of the HCF Deed Restriction is to make sure the State is notified if the City tries to
sell the property and to make sure that the project area remains open for public use
prohibiting the property from being used for private purposes. It is Staff's opinion that the
HCF Deed Restriction is no more restrictive than the restrictions that already encumber or
will encumber all the Preserve properties as part of the required NCCP conservation
easements. Furthermore, the City Attorney has reviewed the terms of the grant contract
and deed restrictions and has affirmed that the City projects (i.e. drainage improvements,
etc.) covered in the NCCP will not be prohibited by the HCF Deed Restriction. A
representative from the State has also confirmed that conclusion. Moreover, it is the City's
and the PVPLC's belief that the grant scope of work described above is within the intent of
the HCF grant in that the project will restore and enhance public access, as well as re-
establish the native habitat and wildlife resources.
Based on the aforementioned, Staff recommends the Council authorize the Community
Development Director to sign and record the required HCF Deed Restrictions.
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HABITAT CONSERVATION FUND GRANT
FEBRUARY 3, 2015
ALTERNATIVES
Direct the Community Development Director not to record the required HCF Deed
Restriction and terminate the grant contract with State Parks.
FISCAL IMPACT
Per Government Code Section 27383, the recordation of the HCF Deed Restriction will
occur at no cost to the City.
ATTACHMENTS
• HCF Deed Restriction
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Karen Sims
DEED RESTRICTION
I. WHEREAS, the City of Rancho Palos Verdes (hereinafter referred to as "Owner(s)"
is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the "Property"); and
IL WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPR") is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC"). And
III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant
to the Habitat Conservation Fund , Trails Program for development of approximately 4 miles of trail and
associated habitat restoration including trailhead signage, trail markers, and minor amenities for 10
reserves within the City of Rancho Palos Verdes on the Property; and
IV. WHEREAS, on July 1, 2013, DPR's Office of Grants and Local Services conditionally
approved Grant HT -19-018 , (hereinafter referred to as "Grant") for development of approximately 4
miles of trail and associated habitat restoration including trailhead signage, trail markers, and minor
amenities for 10 reserves within the City of Rancho Palos Verdes on the Property, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
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V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the Habitat Conservation Fund, Trails and tl
funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in frill force and effect and shall
bind Owner(s) and all his/her/their assigns or successors -in -interest for the period running from
July 1, 2013 through June 30, 2033,
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax -deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at tim
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
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terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated:
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Business Name (if property is owned by a business):
Signed:
PRINT/TYPE NAME & CAPACITY OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
Signed:
PRINT/TYPE NAME & CAPACITY OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
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State of California
County of
On before me, , a Notary Public,
personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)