RPVCCA_CC_SR_2013_06_18_P_Storm_Drain Easement_Encroachment_AgmtCrrYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
LES JONES, INTERIM DIRECTOR OF PUBLIC WOR~
JUNE 18, 2013 (j
STORM DRAIN EASEMENT/ENCROACHMENT
AGREEMENT FOR PRIVATE STORM DRAIN
CAROLYN LEHR, CITY MANAGER Q)l_
Project Manager: Ron Dragoo, Senior Engineer ·w----
RECOMMENDATION
Adopt Resolution 2013 -approving and authorizing the attached Storm Drain
Easement/ Encroachment Agreement for the purposes of HNC Investments, LLC
installing and maintaining a storm drain, manhold, curb culvert and related
improvements on and under a portion of the Crest Road public right-of-way and
authorizing the Mayor and City Clerk to execute that Agreement.
BACKGROUND
The Chase Bank project located at the northwest corner of Hawthorn Boulevard and
Crest Road required specific drainage consideration during construction to
accommodate on-site drainage and prohibit the drainage from cascading into Agua
Amarga Canyon to the north of the development. Storm runoff was routed to the south
along Crest Road. To accommodate the runoff and maintain a positive gravity flow, it
was necessary to place approximately 170 feet of privately owned storm drain pipe
within the public right-of-way.
DISCUSSION
In approving P.C. Resolution No. 2011-33 for the Chase Bank Project, Lot 2 Tract
27065, as shown on Map recorded on Page 22, Book 689 of Maps, commonly referred
to as 29941 Hawthorn Boulevard, the Planning Commission included a condition of
approval associated with the authorization of installing improvements within the public
right-of-way, which would need to be maintained over time. To allow HNC Investments,
LLC (the developer) to install and maintain these improvements in the public right-of-
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way, an easement is needed adjacent to the roadway along Crest Road. Thus, Staff is
recommending adopting a resolution that approves and authorizes the attached Storm
Drain Easement/Encroachment Permit Agreement. Staff is further recommending
authorizing the Mayor and City Clerk to execute the Storm Drain
Easement/Encroachment Permit Agreement.
Attached is the resolution authorizing the Storm Drain Easement/Encroachment
Agreement and authorizing the Mayor and City Clerk to execute that document. The
Agreement is attached to the resolution, and the Agreement contains a site map of the
easement.
CONCLUSIONS
Approve Staff's recommendations to facilitate the maintenance needs associated with
the private storm drain improvements.
ATTACHMENT: Resolution Authorizing Acceptance of Easement, with Storm
Drain Easement/Encroachment Agreement
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RESOLUTION NO. 2013-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AND AUTHORIZING A
STORM DRAIN EASEMENT/ENCROACHMENT AGREEMENT
FOR THE PURPOSES OF HNC INVESTMENTS, LLC
INSTALLING AND MAINTAINING A STORM DRAIN, MANHOLE,
CURB CULVERT AND RELATED IMPROVEMENTS ON AND
UNDER A PORTION OF THE CREST ROAD PUBLIC RIGHT-OF-
WAY
WHEREAS, on October 30, 2008, the Planning Commission of the
City of Rancho Palos Verdes ("City") adopted P.C. Resolution Nos. 2008-42 and
2008-43, thereby certifying a mitigated negative declaration and conditionally
approving a conditional use permit, grading permit and master sign program to
allow the development of a new professional office building on a vacant lot
located at 29941 Hawthorne Boulevard ("Property") with a condition of approval
limiting the use of the building to general professional and administrative office
uses; and
WHEREAS, on October 11, 2011, the Planning Commission
adopted Addendum 1 to the aforementioned certified mitigated negative
declaration, approved a revision to the aforementioned master sign program, and
conditionally approved a revision to the aforementioned conditional use permit to
allow the office building on the Property to be used as a financial institution
(Chase Bank) with a reduced structure size; and
WHEREAS, HNC Investments, LLC has recently requested
permission from the City to install and maintain a twelve-inch storm drain,
manhole curb culvert and related improvements (the "Storm Drain
Improvements") on and under the public right-of-way on Crest Road, and the City
desires to enter into an agreement to grant HNC Investments, LLC the right to
install and maintain the Storm Drain Improvements on and under that portion of
the public right-of-way (the "Storm Drain Easement/Encroachment Agreement");
and
WHEREAS, the City desires to authorize the Mayor and City Clerk
to execute the Storm Drain Easement/Encroachment Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find that the above
recitals are accurate and are hereby incorporated and made part of this
Resolution by reference.
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Section 2. The City Council hereby approves and authorizes the
Storm Drain Easement/Encroachment Agreement dated , 2013,
which is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 3. The City Council hereby authorizes the Mayor and
City Clerk to execute Exhibit "A."
Section 4. The City Council hereby consents to the recordation
of Exhibit "A."
Section 5. The City Clerk shall certify to the adoption of the
Resolution and shall cause the Resolution and her certification to be entered in
the Book of Resolutions of the Council of the City.
· PASSED, APPROVED, AND ADOPTED this 18th day of June 2013.
Mayor
Attest:
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-_ was duly and regularly
passed and adopted by the said City Council at a regular meeting thereof held on
June 19, 2013.
City Clerk
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Exhibit "A": Storm Drain Easement/Encroachment Agreement
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RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Clerk
With a copy to:
HNC Investments, LLC
3620 Pacific Coast Highway, Ste 100
Torrance, California 90505
No Rec9rding Fee (Government Code Section 27383)
STORM DRAIN EASEMENT/ENCROACHMENT AGREEMENT
This STORM DRAIN EASEMENT/ENCROACHMENT AGREEMENT ("Easement")
is dated June 18, 2013 for reference purposes, and is executed by the CITY OF RANCHO
PALOS VERDES, a California municipal corporation ("Grantor" or "City"), and HNC
INVESTMENTS, LLC, a limited liability company ("Grantee").
RECITALS
A. City owns that certain real property in the City of Rancho Palos Verdes, County
of Los Angeles, State of California, which is commonly referred to as Crest Road, as described
on the attached Exhibit "A" (the "City Right-of-Way").
B. Grantee owns the land described on Exhibit "B" attached hereto and the
improvements thereon (the "Grantee Property").
C. Grantee has requested permission from City to install and maintain a 12" storm
drain, manhole, curb culvert and related improvements (the "Storm Drain Improvements"), and
City desires to grant Grantee the right to install and maintain the Storm Drain Improvements
within and under the portion of the City Right-of-Way that is described on the attached Exhibit
"C" ("Easement Area").
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing recitals and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
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1. Easement.
A. Grant of Easement. City hereby grants to Grantee an easement
within the Easement Area and appurtenant to the Grantee Property for the installation and
maintenance of the Storm Drain Improvements. For purposes of this Easement, the City Right-
of-Way shall be the servient tenement and the Grantee Property shall be the dominant tenement.
B. Rights Retained By City. Subject to the Easement, City retains the
right to use, develop, improve and maintain the City Right-of-Way.
C. Relocation/Removal. In the event that City's Director of Public
Works determines in good faith that removal or relocation of the Storm Drain Improvements is
necessary due to improvements that City desires to make to the City Right-of-Way or for reasons
of public health, safety and welfare, then Grantee shall promptly remove and/or relocate the
Storm Drain Improvements, at Grantee's sole cost and expense, and Grantee shall, ifrequested
by the Dir~ctor of Public Works, promptly execute, acknowledge and return to the Director of
Public Works any recordable document (or amendment to this Easement) requested by the
Director of Public Works to reflect the relocation or (if the Storm Drain Improvements are
required to be removed) termination of the Easement, as applicable. GRANTEE HEREBY
WAIVES ANY AND ALL RIGHTS TO CONDEMNATION AND RELOCATION
CLAIMS, BENEFITS OR DAMAGES RELATING IN ANYWAY TO OR ARISING
FROM SUCH RELOCATION, REMOVAL OR TERMINATION.
2. Maintenance; Revocation of Certificate of Occupancy. Grantee shall at all
times maintain the Storm Drain Improvements in good condition and repair and in accordance
with the manufacturers' maintenance recommendations and requirements and the American
Public Works Association maintenance standards or any other reasonable maintenance standard
approved by Grantor. Grantee shall provide to Grantor reasonable written evidence of such
maintenance at least once annually and within ten ( 10) business days after any request of Grantor
for such evidence. In the event such evidence is not timely provide (time being of the essence),
or Grantor otherwise reasonably determines that Grantee has not complied with its maintenance
obligations hereunder, then Grantee hereby expressly agrees that City may revoke the Certificate
of Occupancy for the office building located on the Grantee Property.
3. Indemnity; Insurance. Grantee shall defend, indemnify and hold City and
its officers, employees, agents, and contractors, and the public harmless from and against any
and all claims, loses, liabilities, damages, costs and expenses (including, without limitation,
bodily injury, death, personal injury, property damage or attorneys' fees) arising from or relating
to any of the activities of Grantee or its contractors permitted or required hereunder or the
presence or functioning of the Storm Drain Improvements or their failure to properly function.
Grantee shall maintain liability insurance, in form and substance
acceptable to the City Manager acting in good faith, naming the City as additional insured (with
a waiver of subrogation rights for property damage), for all Grantee's and its contractors'
activities under this Easement. GRANTEE SHALL NOT ENTER THE EASEMENT AREA
FOR ANY PURPOSE WITHOUT FIRST HA YING DELIVERED TO THE CITY MANAGER
REASONABLE EVIDENCE OF SUCH INSURANCE.
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4. Covenant Running with the Land. This Easement relates to the Easement
Area and shall run with the land and shall bind City and the Easement Area (and, only to the
extent of the Easement Area, the City Right-of-Way) and benefit Grantee and the Grantee
Property and their respective successors-in-interest and successors and assigns.
5. Integration. This Easement may be amended or modified only by a
written instrument executed and acknowledged by the parties, or their successors-in-interest, as
applicable, and recorded in the Official Records of Los Angeles County, California.
6. Notices. All notices hereunder shall be in writing and sent by certified
mail, return receipt requested to the City at the address on page 1 and to the Grantee at its
address below, except that either party (and their successors-in-interest) may change its address
for notices by a notice given hereunder.
Grantee's address for notices: HNC Investments, LLC, 3620 Pacific Coast Highway,
Suite 100,' Torrance, California.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of
the day and year first above written.
CITY:
CITY OF RANCHO PALOS VERDES,
a California municipal corporation
_____ ,Mayor
Attest:
_____ , City Clerk
Approved as to form:
Carol W. Lynch, City Attorney
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GRANTEE:
HNC INVESTMENTS, LLC,
a California limited liability company
Manager:
Inner Circle Investments, Inc.
sS:~J,4~~
Robert M. Jonas
President
By:\~~
Dan Almquist
Secretary/ Chief Financial Officer
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ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On /3J;(0/.3 , a notary
public, personally appeared b et who
proved to me on the basis of satisfactory evidence to be the person(t) whose name<Jn is/$@-
subscribed to the within instrument and acknowledged to me that he/sh@tteey executed the same
in his.Lb@~ authorized capacity(ies-), and that by his~eir signature($) on the instrument
the person(f) or the entity upon behalf of which the person(t) 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.
WITNES~ my hand and official seal.
~~-~ NotPUbiiC
SEAL:
ST ATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
On 1hvng, /~, ::< D/3 , a notary
public, personally appeared who
proved to me on the basis of satisfactory eviden to be the person(,{) whose name~ is/ftfe
subscribed to the within instrument and acknowledged to me that hefflhcit:bey executed the same
in his!flsFJ'tl:i:e;ir authorized capacity~, and that by his/h~ signature(,$) on the instrument
the person($) or the entity upon behalf of which the person{)() 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.
~~·~,2_ tafYPUbiiC
SEAL:
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EXHIBIT "A"
CITY RIGHT OF WAY
80 FOOT WIDE RIGHT OF WAY OF CREST ROAD, A PUBLIC STREET, DEDICATED TO THE CITY
OF RANCHO PALOS VERDES, AS SHOWN ON TRACT NO. 27065, RECORDED IN BOOK 689,
PAGE 22, OF MAPS, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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Exhibit "B"
Grantee Property
Lot 2, Tract 27065, as shown on a Map recorded on Page 22, Book 689 of Maps in the Office of
the Recorder of Los Angeles County (commonly referred to as 29941 Hawthorne Boulevard in
the City of Rancho Palos Verdes, California).
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EXHIBIT "C"
STORM DRAIN EASEMENT
A 10 FOOT WIDE EASEMENT FOR STORM DRAIN MAINTENANCE PURPOSES OVER A PORTION
OF CREST ROAD, A PUBLIC STREET, DEDICATED TO THE CITY OF RANCHO PALOS VERDES,
AS SHOWN ON TRACT NO. 27065, RECORDED IN BOOK 689, PAGE 22, OF MAPS, IN THE CITY
OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MEASURED RADIALLY 10 FEET
SOUTHERLY OF THE FOLLOWING DESCRIBED CURVE:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID CREST ROAD, SAID
POINT BEING SOUTHEASTERLY AN ARC DISTANCE OF 9.95 FEET FROM THE MOST
SOUTHWESTERLY CORNER OF LOT 2 OF SAID TRACT; SAID POINT BEING ON A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 540.00 FEET, THE RADIAL TO SAID POINT
BEARS SOUTH 25°57'515" WEST.
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT OF WAY
THROUGH A CENTRAL ANGLE OF 01°03'22", AN ARC DISTANCE OF 9.95 FEET TO SAID MOST
SOUTHWESTERLY CORNER OF LOT 2.
THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT
OF WAY THROUGH A CENTRAL ANGLE OF 18°05'25", AN ARC DISTANCE OF 170.50 FEET.
AS SHOWN ON EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF
PREPARED BY BOLTON ENGINEERING CORPORATION
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STORM DRAIN EASEMENT
L=170.50', R=540.00'
'1=18'05'25"
R/W
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TI t I e :
EXHIBIT "D"
Chase Bank
( IN FEET )
inch = 50 ft.
C I I 1 n t :
l /
Storm Drain Easement
MIDBLOCK CAPITAL
3620 Pacific Coast Highway
Torrance, CA 90505
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LOT 2
TRACT 27065
MAPBOOK 689, PAGE 22
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Bolton Engineering Corp.
25834 Narbonne Avenue Ste. 210
Lomita, Co. 90717
(310) 325-5580 F"AX(310) 325-5561
Dote: Moy 31, 2013
Drawn: TMN
~ob: 11203
ShMt 1 of 1
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