RPVCCA_CC_SR_2013_07_16_C_Transfer_Of_5.76_Acres_Of Land_To_CityCfTYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
LES JONES, INTERIM DIRECTOR OF PUBLIC W
JULY 16, 2013
ACCEPT THE TRANSFER OF A 5.76 ACRE PO
OF LAND FROM THE LOS ANGELES COUNTY
OWNED DEANE DANA FRIENDSHIP PARK TO THE
CITY OF RANCHO PALOS VERDES TO ALLOW FOR
CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE
SAN RAMON CANYON PROJECT
CAROLYN LEHR, CITY MANAGER
Project Manager: Ron Dragoo, Senior Engine~
RECOMMENDATION
Authorize the Mayor and City Clerk to execute an agreement with the County of Los
Angeles for the transfer of 5. 76 acres of land from Deane Dana Friendship Park to the
City of Rancho Palos Verdes for the purpose of filling a portion of the San Ramon
Canyon for the San Ramon Canyon Stormwater Flood Reduction Project and authorize
the City Manager and the City Clerk to execute the attached certificate of acceptance
on behalf of the City.
BACKGROUND/DISCUSSION
The San Ramon Canyon Stormwater Flood Reduction Project design calls for the
partial filling of the San Ramon canyon from the upstream inlet structure in the canyon
to the downstream City Boundary for a distance of 1, 140-feet. Most of the canyon fill
will occupy City owned land; however the last 240-feet of the canyon passes through a
corner of the County of Los Angeles-owned Friendship Park. The City has met with the
Parks Division several times over the past two years and has negotiated an agreement
with them that will transfer the 5. 76 acre corner of the property that extends across the
canyon, to the City of Rancho Palos Verdes at no cost to the City. It should be noted
that the 5. 76 acre portion of the property is located within the City of Rancho Palos
Verdes and the transfer of ownership will not change the City boundaries.
Pursuant to prior direction from the City Council, the City retained the Source Group to
perform a Phase 1 environmental site assessment with respect to the property. The
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Source Group found as follows: "No recognized environmental conditions (REC's) were
identified during the Phase I assessment". The MND that was prepared for the San
Ramon Project already analyzed the environmental effects of the San Ramon Project,
including the placement of the fill in the canyon and on the subject property. So, the
City has complied with CEQA. Pursuant to Section 22 of the Agreement, the City is
agreeing to hold harmless, indemnify and defend the County regarding any claims that
are based on an alleged failure to comply with CEQA.
The City has obtained a preliminary title report to verify the condition of the title to the
Property.
The proposed acquisition of the subject parcel was presented to the Planning
Commission at their April 9, 2013 meeting, where a finding was made that the proposal
conforms to the City's General Plan, pursuant to Government Code Section 65402.
The park property is contiguous with City-owned open space and will allow for the
development of trails in the future to connect Friendship Park with the City's trail
system. The Agreement (Section 8) obligates the City to operate the Property as a park
or recreational facility with equal access to everyone.
The City also is taking the Property subject to an existing Safe Harbor Agreement and
Endangered Species Permit with which the City must continue to comply in its
administration of the Property. An inspection of the Property has disclosed that there
are no threatened or endangered species present. Accordingly, the acquisition of the
Property subject to the existing requirements should not result in additional
maintenance responsibilities.
A portion of the Tarapaca landslide extends onto the property. The Agreement
provides that the City is accepting the condition of the Property "as is." Although the
filling of the canyon will buttress the toe of the landslide, it is expected that the landslide
will continue to "weather" for some time until gravity and the effects of the weathering
stabilize it.
In the Agreement (Section 22), the City is agreeing not to assert or assign any claims
that it may have against the County for damages relating to the Property prior to or
during the County's ownership of the Property. Likewise, the County is agreeing not to
assert or assign any claims that it may have against the City for damages relating to the
Property that arose prior to the date of the attached Agreement.
CONCLUSION
Adopting staff's recommendations will authorize the Mayor and City Clerk to execute
the attached Agreement for the transfer of the said 5. 76 acres of land and authorize the
City Manager and City Clerk to execute the attached certificate of compliance.
FISCAL IMPACT
Adopting staff's recommendation will have no cost impact to the City of Rancho Palos
Verdes, other than the obligation to continue to maintain the Property for park and open
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space purposes, to continue to comply with the existing Endangered Species Permit
and to maintain the fill that is located thereon as part of the San Ramon Project.
Attachments: A)
B)
C)
Park Property Transfer Agreement between the City of
Rancho Palos Verdes and the County of Los Angeles
Planning Commission Determination
Certificate of Acceptance
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Attachment A
PARK PROPERTY TRANSFER AGREEMENT BY AND BETWEEN
THE CITY OF RANCHO PALOS VERDES AND
THE COUNTY OF LOS ANGELES
The City of Rancho Palos Verdes ("City") and the County of Los Angeles ("County")
hereby enter into this Park Property Transfer Agreement ("Agreement") as of the _day
of , 2013, pursuant to Government Code Section 25550.5 for the
following purpose with reference to the following facts:
RECITALS:
A. County is the owner in fee of Deane Dana Friendship Park ("Park"), located at
1805 W. Ninth St., San Pedro California 90732.
8. The real property that is the subject of this Agreement is a 5.76-acre area within
the City of Rancho Palos Verdes at the Park's southwestern corner (hereinafter
the "Property"), legally described in Exhibit "A" and depicted in Exhibit "B," said
exhibits attached and incorporated herein.
C. City desires the Property for public park and recreational purposes, and to place
fill in a limited area in connection with the construction of drainage improvements
in the adjacent canyon, and County is willing to quitclaim its interest in the
Property, subject to the terms and conditions contained in this Agreement, and
the Quitclaim Deed attached and incorporated herein as Exhibit "C."
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
subject to the terms, covenants and conditions herein set forth, City and County do
hereby agree as follows:
1. Title. City understands that the Property is being transferred without any
warranty regarding the condition of title to the Property. City accepts all matters
of record and understands that County will not provide a policy of title insurance
and makes no representations or warranties as to condition of title. County
recommends that City retain, at City's sole cost and expense, a licensed title
company to issue a policy of title insurance.
2. Consideration. Both City and County mutually agree that consideration given
by City for County releasing its interest in the Property is City's agreement to
continue to use and maintain the Property for public park and recreational
purposes, and fill and drainage purposes as described in Recital C above, and
to make the public park and recreational uses equally accessible to all
residents of the County, in perpetuity, and that County shall have no claims
against City for any compensation (based upon the value of the Property, or for
inverse condemnation, or otherwise) with respect to the Property.
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3. General Plan Conformity. In accordance with California Government Code
Section 65402, City's Planning Commission has considered the location of the
Property and the purpose and extent of its use as to conformity with City's
General Plan, and has reported to City's City Council its findings that such use
conforms to City's General Plan. Upon request, City shall promptly provide a
copy of said report to County.
4. Condition of Property. City acknowledges that City is acquiring the Property "as
is," solely in reliance on City's own investigation, and that no representation or
warranty of any kind whatsoever, express or implied, has been made by County
or County's agents. Any information given or disclosure made to City by
County or County's agents concerning the Property shall not constitute a
representation or warranty made by County. City has been given the full
·opportunity to inspect the Property prior to execution of this Agreement. City
shall assume the cost and expense for the removal of all contaminated
materials, toxic or hazardous substances, and asbestos, if any, on the Property.
City also acknowledges that it is aware of all zoning regulations, other
governmental requirements, site and physical conditions, and all other matters
affecting the use and condition of the Property and City agrees to accept the
Property in said condition.
5. Soil Disturbance. During any soil disturbance activities undertaken by City on
the Property, City agrees to retain, at its sole expense, a qualified
archaeological monitor present and to comply with applicable laws, regulations,
procedures and guidelines in the event that any archaeological materials are
found. Any uncovered artifacts must be documented and catalogued by a
qualified professional and housed at a qualified repository.
6. Safe Harbor Agreement (SHA). City acknowledges that the Park is subject to
the SHA and an Endangered Species Permit (TE206847w0) and that County
has transmitted copies of both documents to the City for review. City further
acknowledges sole responsibility for compliance with the SHA and/or
Endangered Species Permit on the Property.
7. Costs. All costs and expenses, excluding County's · expenses to prepare,
negotiate, execute and implement this Agreement, related to the transaction
contemplated by this Agreement shall be paid by City, including the costs for
surveying and preparing a legal description and map of the Property, setting
any monuments, and obtaining a title insurance policy.
8. Conveyance. County shall convey the Property to Grantee by quitclaim deed
(the "Deed"), subject to: a) All taxes, interest, penalties and assessments of
record assessed but not yet due, if any; and b) covenants, conditions,
restrictions, reservations, easements, licenses, rights, and rights-ofwway of
record, if any, c) the express condition that the Property shall be used for
2
Property Transfer Agreement
C-5
undeveloped open space and drainage purposes only, in perpetuity, d) the
express condition that the Property shall be open to residents of incorporated
and unincorporated territory and there shall be no discrimination against or
preference, gratuity, bonus or other benefit given residents of Rancho Palos
Verdes not equally accorded to residents of Los Angeles County; and e) the
obligation that the City operate and maintain the Property as a park or
recreational facility.
9. Recording. County shall prepare the Deed releasing County's right, title and
interest in and to the Property unto the City of Rancho Palos Verdes. Upon
execution of this Agreement, City shall promptly provide County with City's
certificate or resolution of acceptance pursuant to Government Code Section
27281, in order for County to cause the Deed to be recorded in the official
records of the Los Angeles County Recorder. City hereby represents to County
that the Deed attached hereto as Exhibit "C" is sufficient to release County's
interest in the Property described thereon.
10. Delivery of Deed. County shall transmit to City a copy of the Deed stamped by
the Recorder, the original of which shall be mailed to City by the Recorder at
the address for notice to City pursuant to Section 15 hereof.
11. Mineral Rights. County reserves to itself and excepts from the conveyance
contemplated herein all oil, gas, hydrocarbons, or other minerals in and under
the Property, without the use of the surface or subsurface, to a depth of 500
feet, measured vertically, from the surface of the Property.
12. Possession/Risk of Loss. All risk of loss or damage with respect to the
Property shall pass from County to City upon recordation of the Deed.
13. Brokerage Commission. City and County hereby acknowledge and represent
that there are no broker's commission or finder's fees due in connection with
the transaction contemplated by this Agreement. Each party shall indemnify
and hold the other party harmless from any claim of any broker, agent or finder,
licensed or otherwise, claiming through, under or by reason of the conduct of
either party with respect to the transaction contemplated hereunder.
14. Conflicts. In the event of a conflict between the provisions of this Agreement
and the provisions of any other documents executed or agreement made or
purported to be executed or made between the parties prior to the date hereof,
the provisions contained in this Agreement shall in all instances govern and
prevail.
15. Assignment. City shall not assign or attempt to assign this Agreement or any
rights hereunder, to any person or entity without County's prior written consent.
Any such assignment or purported assignment without County's prior written
consent shall be null and void, and of no force and effect whatsoever.
3
Property Transfer Agreement
C-6
16. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered or sent by registered or
certified mail, postage prepaid, return receipt requested or by Express Mail or
Federal Express to the following address:
To County:
To City:
County of Los Angeles, Chief Executive Office
Real Estate Division
222 South Hill Street, 3rd Floor
Los Angeles, California 90012
Attention: Chris Montana, Acting Director of Real Estate
Division
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attention: Les Jones, Interim Director of Public Works
Notice shall be deemed, for all purposes, to have been given on the date of
personal service or three (3) consecutive calendar days following the deposit of
the same with a carrier as specified above. Notice of change of address shall
be given by written notice in the same manner detailed in this paragraph.
17. Severability. In the event any portion of this Agreement shall be declared by
any court of competent jurisdiction to be invalid, illegal, or unenforceable, such
portion shall be severed from the Agreement, and the remaining parts hereof
shall remain in full force and effect as fully as though such invalid, illegal, or
unenforceable portion had never been part of the Agreement, provided the
remaining Agreement can be reasonably and equitably enforced.
Notwithstanding the above, in the event the portion of the Agreement declared
to be invalid, illegal or unenforceable substantially affects the benefit of the
bargain derived by either party as a result of entering into this Agreement, then
the parties shall cooperate to rewrite such portion of the Agreement so as to
comply with existing law and to preserve the original intent of the portion(s} of
the Agreement deemed unenforceable; provided that any rewritten provision
must be agreed upon by both parties.
4
Property Transfer Agreement
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18. Binding on Successors. Subject to the limitations set forth herein, this
Agreement shall be binding upon and inure to the benefit of the successors and
assigns of the respective parties hereto.
19. California Law. This Agreement shall be construed in accordance with the
internal laws of the State of California.
20. Waivers. No waiver by either party of any provision hereof shall be deemed a
waiver of any other provision hereof or of any subsequent breach by either
party of the same or any other provision.
21. No Presumption Re: Drafter. The parties acknowledge and agree that the
terms and provisions of this Agreement have been negotiated and discussed
between the parties and their attorneys, and this Agreement reflects their
·mutual agreement regarding same. Because of the nature of such negotiations
and discussions, it would be inappropriate to deem any party to be the drafter
of this Agreement, and therefore, no presumption for or against validity or as to
any interpretation hereof, base upon the identity of the drafter shall be
applicable in interpreting or enforcing this Agreement.
22. Hold Harmless and Indemnification. The City agrees not to assert or assign
any claims, it may have against County or its Special Districts, elected and
appointed officers, employees, and agents with respect to liabilities, expenses
(including without limitation defense costs and legal fees) and for damages of
any nature whatsoever, related to the Property arising out of events or
conditions first occurring during or prior to County's period of ownership of the
Property. City shall also indemnify, defend and hold harmless County, its
Special Districts, elected and appointed officials, officers, employees, and
agents (collectively the "County") from and against any and all liability, loss,
costs and expenses (including attorney and expert witness fees), arising from
any failures by City to comply with the California Environmental Quality Act in
connection with this Agreement. County agrees not to assert or assign any
claims against City or its elected and appointed officers, employees and agents
with respect to liabilities, expenses (including without limitation defense costs
and legal fees) and damages of any nature whatsoever related to the Property
that may have arisen prior to the date hereof.
23. Entire Agreement. This Agreement contains the entire agreement between the
parties herein, and no addition or modification of any terms or provisions shall
be effective unless set forth in writing, signed by both City and County.
5
Property Transfer Agreement
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their duly authorized officials, as of the day and year first
written above.
ATTEST:
By: _________ _
Carla Morreale, City Clerk
APPROVED AS TO FORM:
By: _________ _
Carol Lynch, City Attorney
ATTEST:
SACHI A. HAMAI
Executive Officer, Clerk of the
Board of Supervisors
APPROVED AS TO FORM:
JOHN F. KRA TTLI
County Counsel -By:~c-== ~
Deputy
6
CITY OF RANCHO PALOS VERDES
By: __________ _
Susan Brooks, Mayor
COUNTY OF LOS ANGELES
A body politic and corporate
By: _________ _
Chair, Board of Supervisors
Property Transfer Agreement
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EXHIBIT "A."
LEGAL DESCRIPTION OF THE PROPERTY
CITY OF RANCHO PALOS VERDES
THAT PORTION OF LOT Ill OF THE SUBDIVISION OF LOT M OF THE ORIGINAL PARTITION
OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN
BOOK 1, PAGE 47 OF RECORD OF SURVEYS, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT Ill;
THENCE NORTH 26°4T40" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT Ill, A
DIST ANGE OF 966.00 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 18°00'52" EAST, A DISTANCE OF
277.37 FEET;
THENCE SOUTH 00"00'00" WEST, A DIST ANGE OF 601.00 FEET TO A POINT IN THE
SOUTHERLY LINE OF SAID LOT Ill THAT IS SOUTH 89"43'32" EAST 521.75 FEET FROM
SAID SOUTHWESTERLY CORNER;
THENCE NORTH 89°43'32" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 521.75
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 251,050 SQUARE FEET (5.7633
ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B", ATTACHED HERETO AND MADE A PART THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
~~A_-0312611'
' RiCHARDC:MAHER, P.L.S. 7564 DATE
THIS DOCUMENT PRELIMINARY UNLESS SIGNED
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RICHARo . C. MAH , Pl.S 7564 (CA
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PAGE 1 OF 1
l<tlM MERIDIAN, INC. -22.541 ASPAN ST., S'l'E; C -l:Al<E FOREST, CA. 92630 -PH. (949)768-0731 Fl>:J. (949) 768-3731
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EXHIBIT C
QUITCLAIM DEED-COUNTY OF LOS ANGELES TO CITY OF RANCHO PALOS
VERDES
*
RECORDING REQUESTED BY *
County of Los Angeles *
AND MAIL TO *
City of Rancho Palos Verdes *
30940 Hawthorne Boulevard *
Rancho Palos Verdes, California 90275 *
Attention: Les Jones, Interim Director *
of Public Works *
---~-----------Space above this line for Recorder's use. ______ _
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE GOVERNMENT CODE
THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE
AND TAXATION CODE
TAX PARCELS: 7560-028-900 (PORTION)
QUITCLAIM DEED
The COUNTY OF LOS ANGELES, a body corporate and politic ("County"),
on a gratis basis, and in exchange for Grantee's agreement to comply with the
provisions outlined in section b, c, d and e below, does hereby surrender, quitclaim and
release to:
CITY OF RANCHO PALOS VERDES ("Grantee")
all of the County's right, title and interest in and to the described real property,
("Property") reserving and excepting to the County all rights to oil, gas, hydrocarbons,
and other minerals in and under the Property but without the right to the use of the
surface or subsurface to a depth of 500 feet, measured vertically from the surface of the
Property.
The Property is located in the City of Rancho Palos Verdes, County of Los Angeles,
State of California, and is further described in Exhibit A, which is incorporated herein by
reference as though set forth in full.
SUBJECT TO:
a. All taxes, interest, penalties and assessments of record, if any;
b. Covenants, conditions, restrictions, reservations, easements, rights, and rights-
of-way of record, if any;
Page 1 of 3 plus Exhibits
Error! Unknown document property name.
C-12
c. the express covenant that the Property shall be used for undeveloped open
space purposes only, in perpetuity, and for drainage and for a limited area of fill
in connection with drainage improvements in the adjacent canyon;
d. the express covenant that the Property shall be open to residents of incorporated
and unincorporated territory and there shall be no discrimination against or
preference, gratuity, bonus or other benefit given residents of Rancho Palos
Verdes not equally accorded to residents of the County of Los Angeles; and
e. the obligation that the Grantee operate and maintain the Property as a park or
recreational facility, and for drainage and for a limited area of fill in connection
with drainage improvements in the adjacent canyon.
Dated COUNTY OF LOS ANGELES
COLA LOG NO. ----
State of California
County of Los Angeles
)
)
Mark Ridley-Thomas
Chair, Board of Supervisors
On ___________ , before me,------------
(insert name and title of the officer)
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 PENAL TY 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 _____________ _
Page 2 of 3 plus Exhibits
Error! Unknown document property name.
(Seal)
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STATE OF CALIFORNIA) )
) SS.
COUNTY OF LOS ANGELES )
On January 6, 1987, the Board of Supervisors for the County of Los Angeles and
ex officio the governing body of all other special assessment and taxing districts,
agencies and authorities for which said Board so acts adopted a resolution pursuant to
Section 25103 of the Government Code which authorized the use of facsimile
signatures of the Chairperson of the Board on all papers, documents, or instruments
requiring said signature.
The undersigned hereby certifies that on this day of , 2013,
the facsimile signature of , Chair, Board of
Supervisors, Los Angeles County was affixed hereto as the official execution of this
document. The undersigned further certifies that on this date, a copy of the document
was delivered to the Chairperson of the Board of Supervisors of the County of Los
Angeles.
In witness whereof, I have also hereunto set my hand and affixed my official seal
the day and year above written.
APPROVED AS TO FORM:
JOHN F. KRA TTLI
County Counsel
By:
SACHI A. HAMAI, Executive Officer-Clerk of the
Board of Supervisors, County of Los Angeles
Deputy
--------------Deputy
Page 3 of 3 plus Exhibits
Error! Unknown document property name.
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
CITY OF RANCHO PALOS VERDES
THAT PORTION OF LOT Ill OF THE SUBDIVISION OF LOT M OF THE ORIGINAL PARTITION
OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF RANCHO PALOS VERDES,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN
BOOK 1, PAGE 47 OF RECORD OF SURVEYS, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
B~GINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT Ill;
THENCE NORTH 26°47'40" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT Ill, A
DISTANCE OF 966.00 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 18°00'52" EAST, A DISTANCE OF
277.37 FEET;
THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 601.00 FEET TO A POINT IN THE
SOUTHERLY LINE OF SAID LOT Ill THAT IS SOUTH 89°43'32" EAST 521.75 FEET FROM
SAID SOUTHWESTERLY CORNER;
THENCE NORTH 89°43'32" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 521.75
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 251,050 SQUARE FEET {5.7633
ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
~~~-03126113
' RJCHARDC:MAHER, P.L.S. 7564 DATE
THIS DOCUMENT PRELIMINARY UNLESS SIGNED
C-15
Attachment B
P.C. RESOLUTION NO. 2013-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES FINDING THAT THE CITY'S ACQUISITION
OF A PORTION OF THE VACANT 5.7-ACRE PORTION OF DEANE
DANA FRIENDSHIP COMMUNITY REGIONAL PARK, LOCATED AT
1805 FRIENDSHIP PARK DRIVE (ASSESSOR'S PARCEL NO. 7561-
025-900), IS CONSISTENT WITH THE GOALS AND POLICIES OF THE
RANCHO PALOS VERDES GENERAL PLAN.
WHEREAS, on March 11, 2013, the City Manager sent a letter to the Director of County
of Los Angeles Department of Parks and Recreation (DPR), requesting the transfer of a 5.7-
acre portion of the County owned Deane Dana Friendship Community Regional Park (APN
7561-025-900) to the City; and
WHEREAS, on March 14, 2013, the DPR sent an email confirming the County's desire
to transfer said property to the City; and,
WHEREAS, Section 65402(a) of the California Government Code requires that no real
property shall be acquired by dedication or otherwise for street, square, park or other public
purposes, if the adopted general plan or part thereof applies thereto, until the location, purpose
and extent of such acquisition have been submitted to and reported upon by the planning
agency as to conformity with said adopted general plan or part thereof; and,
WHEREAS, the City Manager's request on March 11, 2013, initiated a General Plan
Consistency Finding for the acquisition of the 5. 7-acre portion of Deane Dana Friendship
Community Regional Park (Assessor's Parcel No. 7561-025-900); and,
WHEREAS, pursuant to the. provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes reviewed the request and determined that the
proposed request would not have a significant impact on the environment and has, therefore,
been determined to be exempt (Section 15325); and,
WHEREAS, the Planning Commission held a public hearing on April 9, 2013, within forty
(40) days of the date the request was initiated by the City of Rancho Palos Verdes, at which
time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Rancho Palos Verdes Planning Commission hereby finds as follows
with respect to the location, purpose and extent of the acquisition of the vacant, 5.7-acre portion
of Deane Dana Friendship Community Regional Park (Assessor's Parcel No. 7561-025~900):
A. The location of the property acquisition is consistent with the Rancho Palos Verdes
General Plan because the subject property will be dedicated for public open space
recreational purposes, consistent with the existing Open Space Recreation land use and
Recreational-Passive zoning designations.
P.C. Resolution No. 2013-08
Page 1of2
C-16
8. The purpose of the property acquisition is consistent with the Rancho Palos Verdes
General Plan because the proposed storm drain project and dedication as public open
space recreational area is supported by General Plan goals and policies (Infrastructure,
Safety and Recreation Activity).
C. The extent of the property acquisition is consistent with the Rancho Palos Verdes
General Plan because the proposed dedication as public open space recreational area
is a continuation of the City's past efforts to maintain and preserve public open space
areas.
Section 2: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.80.070 of the Rancho Palos
Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the
grounds of the appeal and any specific actions requested by the appellant, and accompanied by
the appropriate appeal fee, no later than fifteen (15) days following April 9, 2013, the date of the
Planning Commission's final action.
Section 3: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and all other records of the proceedings, which are
attached hereto and made a part thereof by reference, the Planning Commission hereby finds
that the City's acquisition of a vacant, 5. 7-acre portion of Deane Dana Friendship Community
Regional Park (Assessor's Parcel No. 7561-025-900) is consistent with the goals and policies of
the Rancho Palos Verdes General Plan.
PASSED, APPROVED AND ADOPTED this 20 1h day of April 2013, by the following vote:
AYES:Commissioners Gerstner, Lewis, Nelson, Tetreault, Vice Chairman· Leon,
Chairman Emenhiser
NOES:None
ABSTENTIONS: None
ABSENT: Commissioner Tomblin
RECUSALS: None
P.C. Resolution No. 2013-08
Page 2of2
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Attachment C
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain
Quitclaim Deed dated , 2013, from THE COUNTY OF LOS
ANGELES, to the City of Rancho Palos Verdes, which is a political corporation, is
hereby accepted by the undersigned officer on behalf of the City of Rancho Palos
Verdes pursuant to the authority conferred by action of the City Council of the City of
Rancho Palos Verdes on July 16, 2013, and the grantee consents to recordation
thereof by its duly authorized officer.
Dated: --------Carolyn Lehr, City Manager
Attest:
Carla Morreale, City Clerk
State of California )
County of Los Angeles ))
City of Rancho Palos Verdes
On before me,
--------------~ Date Insert Name and Title of the Officer
personally appeared , who proved to me on the basis of
Name of Signer( s)
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.
Place Notary Seal Above
I certify under PENAL TY 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 of Notary Public
C-18