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RPVCCA_CC_SR_2013_09_17_F_Two_Purchase_and_Sale_AgmtsCITY OF 4o RANCHO 8\LOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL JOEL ROJAS, COMMUNITY DE ENT DIRECTOR SEPTEMBER 17, 2013 APPROVAL OF TWO PURCHASE AND SALE AGREEMENTS TO PURCHASE PRIVATE PROPERTIES IN MALAGA CANYON FOR THE PURPOSE OF OPEN SPACE CONSERVATION CAROLYN LEHR, CITY MANAGER o.9.-- RECOMMENDATION 1) Refer the issue of consistency of these purchases with the City's General Plan to the Planning Commission; 2) Approve the purchase of approximately 42 acres of open space in Malaga canyon from Angeles LLC with 100% of the acquisition cost funded by federal grant monies and, following the Planning Commission's determination regarding General Plan consistency, authorize the Mayor to execute the Purchase and Sale Agreement; and 3) Approve the purchase of approximately 16 acres of open space in Malaga canyon from Ya Yi May with 100% of the acquisition cost funded by federal grant monies and, following the Planning Commission's determination regarding General Plan consistency, authorize the Mayor to execute the Purchase and Sale Agreement. BACKGROUND 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 existing City and PVPLC owned open space properties along with major open space land acquisitions in 2005 and 2009, the creation of a 1400-acre NCCP Preserve was completed. With the completion of the NCCP Preserve, the focus shifted back to updating and completing the final NCCP. The updated draft NCCP is currently undergoing its final review by the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service (USFWS). Staff anticipates completion of the Final NCCP sometime in 2014. F-1 In late 2011, the USFWS notified the City and PVPLC about the availability of unspent federal (section 6) grant monies for the acquisition of open space that were eligible to be spent on the Palos Verdes Peninsula because of the City's NCCP. The USFWS noted their desire to use said funds before they expire to preserve additional habitat on the Palos Verdes Peninsula to augment the completed NCCP Preserve. Thus, working with the USFWS and the State Wildlife Conservation Board (WCB) in 2012, City and PVPLC staff identified a number of privately owned open space properties in the City that contain protected habitat for possible acquisition. After following up with the owners of all the identified properties, two willing sellers emerged. As a result, the USFWS and WCB intend to allocate $1, 114,500 federal grant for the purchase of open space from these two willing sellers at a fair market value established by a State approved appraisal. No City or PVPLC funds are needed to pay for said acquisitions. At this time, the City Council is being asked to authorize the purchases and approve the purchase. agreements with the two sellers so that the City can acquire the properties described below. DISCUSSION Malaga Canyon South (Seller: Angeles LLC) Malaga Canyon consists of undeveloped open space in the northern part of the 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. An entity known as Angeles, LLC (Dr. Roger Giani) owns 48.55 acres of the Canyon consisting of five separate tax parcels that are grouped into three non-contiguous areas (see attached aerial). The 48.55 acres owned by Angeles LLC consists of approximately 35.5 acres of land zoned Open Space Hazard (OH) with approximately 13 acres of Residential zoning (RS-A-5). Angeles LLC has agreed to sell 41.63 acres of its holdings to the City, excluding an approximate 7-acre area that fronts on Montemalaga Drive (see attached Exhibit Map). Based on an appraisal of the property that was approved by the State in July 2013, the value of the 41.63 acres of open space that the City will be acquiring is $659,500. A Phase 1 Environmental Assessment, Preliminary Titfe Report and Geologic Assessment have been completed for the property, all of which raised no issues of concern. In addition to providing protection to existing habitat, acquisition of this open space by the City would provide access to a drainage facility at the top of a small tributary of the canyon near the terminus of Grayslake Drive that may require future maintenance by the City as well as facilitate the implementation of the Grayslake Trail (H5) and Finecrest (H 1) and Cityview (H2) Segments of the Malaga Canyon Trail identified in the City's Conceptual Trails Plan. As part of the acquisition deal, Dr. Giani is being provided vehicular access from Grayslake Road to the property that he is retaining via a 15-foot wide access easement over an existing unused street right-of-way that the City does not intend ever to use. To facilitate a straight 15-foot wide driveway for shared use by the City and Dr. Giani, the City will provide a small sliver of access easement area on the property it will acquire from Dr. Giani for the F-2 exclusive use by Dr. Giani (and any successor owners of the property that he is retaining) and Dr. Giani will provide a small sliver of access easement area on his property for the use by the City; its agents, and the public. These reciprocal easements have been prepared by the City's surveyor and are depicted in a Record of Survey. In exchange for granting Dr. Giani exclusive access over a portion of the unused street parcel, Dr. Giani has agreed to fund construction of a 15-foot wide paved access road that will allow the City and Dr. Giani (and any subsequent owners of his p_roperty) to drive between Grayslake Road and their respective properties. The construction of the paved access road will include a driveway approach over the existing drainage inlet within the cul- de-sac of Grayslake Road to the satisfaction of the City's Public Works Department and the relocation of the existing chain link fencing adjacent to the Grayslake Road cul-de-sac. Malaga Canyon North (Seller: Ya Yi May) An individual known as Ya Yi May owns 16.25 acres in the upper (southern) portion of Malaga Canyon consisting of two separate tax parcels that are landlocked by the Angeles LLC holdings described above (see attached aerial). The 16.25 acres owned by Ya Yi May consist of approximately 3 acres of land zoned Open Space Hazard (OH) and approximately 13.25 acres of residential zoning (RS-a-5). Ya Yi May has agreed to sell all 16.25 acres of her holdings to the City. Based on an appraisal of the property that was approved by the State in July 2013, the value of the 16.25 acres of open space that the City will be acquiring is $455,000. A Phase 1 Environmental Assessment, Preliminary Title Report and Geologic Assessment have been completed on the property, all of which raised no issues of concern. In addition to providing protection to existing habitat, acquisition of this open space by the City would facilitate the implementation of the Finecrest (H1) and Cityview (H2) Segments of the Malaga Canyon Trail identified in the City's Conceptual Trails Plan. ADDITIONAL INFORMATION Relationship to NCCP Since the City's NCCP Preserve has been completed, the approximate 58 acres of open space to be acquired in Malaga Canyon is not proposed to be included into the City's NCCP Preserve at this time. However, because federal grant monies are being used to purchase the properties, deed restrictions will be recorded that will prevent development of the property and will ensure its conservation as open space in perpetuity. If the Palos Verdes Peninsula Land Conservancy (PVPLC) at some point in the future agrees to fund management of the properties in accordance with the NCCP (species monitoring, habitat restoration, etc.) and the City/PVPLC Management Agreement (trail responsibility), the City could opt to enroll the properties into the NCCP Preserve. This would mean that an NCCP conservation easement would be recorded on the enrolled properties in favor of the PVPLC and the City's Management Agreement with the PVPLC would be modified accordingly. F-3 Timing The State is anticipated to disburse the federal funds this November. Thus, escrow is expected to close by the end of the calendar year. General Plan Consistency In accordance with the State Government Code, acquisition of real prop.erty by the City must be determined to be consistent with the City's General Plan. If favorable direction is given by the City Council this evening to acquire said open space parcels, a request to make a General Plan Consistency Finding for these acquisitions will be presented to the Planning Commission at its next meeting. Following that determination, the Mayor then will be authorized to execute the purchase agreements on behalf of the City. FISCAL IMPACT The full cost of the open space acquisition will be funded by a federal grant. Thus, no City funds will be expended toward the acquisition. The Community Development Department's approved budget has $38,000 appropriated for consultant costs associated with this open space acquisition. This far, approximately $25,000 has been expended on consultant costs related to Phase I studies, surveying, title reports and geologic assessments. Future maintenance costs of owning the properties would primarily involve costs of performing annual brush clearance on the properties which is estimated at $5,000 per year for the Malaga Canyon North parcels and $7,000 per year for the Malaga Canyon South parcels. This estimate is derived from conversations with both of the willing sellers and a comparison of current Public Works costs for performing brush clearance on open space properties of comparable size. If the properties are not enrolled in the NCCP Preserve, there will also be trail maintenance and trail signage costs that would be borne by the City associated with the existing trails on the properties. If enrolled in the NCCP Preserve, said trail costs would be borne by the PVPLC. Furthermore, if there is a future need to construct new trails or trail head improvements on the acquired properties, said projects would be proposed as part of the City's annual budget process. ATTACHMENTS • Aerial of Malaga Canyon Acquisitions • Exhibit Map showing area excluded from Angeles LLC acquisition • PSA for Malaga Canyon South (Ya Yi May) • PSA for Malaga Canyon North (Angeles LLC) F-4 Legend D Parcels O City Boundary POTENTIAL ACQUISITION N A llli!lllll!!l!!ll!li!!!i!lll::==::;:!Feel 300 600 0 F-5 0 Traverse PC Parcel One to Remain Private 6.922 Acres 15' Access Easement ---- to Parcel One 300' EXHIBIT MAP of a Parcel Line Adjustment For City of Rancho Palos Verdes APN 7578-002-009, 7578-003-001 Los Angeles County California Prepared 08/11 /2012 by Michael McGee, PLS3945 McGee Surveying Consulting F-6 MONUMENT NOTES (1) Found punched spike & washer embossed "ORA". No search was made for references. (2) Found punched spike stamped "LS 5411" shown on PWFB 0317-683. Found lead & tack In top of curb N65°06'W 14.23' (14.28'). No search was made for other references. (3) Found punched spike & washer stamped "LS 5411" shown on PWFB 0317-683. Found lead & tacks In top of curb N51°21'W 18.20', N34"19'W 18.88' and N04"16'E 30.35'. No search was made for other references. (4) Found punched spike & washer stamped "LS 5411" shown on PWFB 0317-683. Found lead & tacks in top of curb S59"41'W 50.17' (50.22'), and at N50"26'W 11.89' (11.89'). No search was made for other references. (5) Found punched spike & washer stamped "LS 5411" marking the center of the cul-de-sac shown on PWFB 0317-683. Found lead & tacks In lop of curb at N47"27'W 33.25' (33.25'), N59"51'6 33.86' {33.91'), S05°56'E 34.20' (34.24') and al S4r23'E 33.45'. No search was made for other references. (6) Set monument on SE side of an an old road bed. The center of a 2' Stormdrain Manhole bears S41 "32'E 11. 7'. (7) Set monument In an old road bed. The center of a 2' Sewer Manhole bears S86"05'W 19.0'. (8) Set monument 3' easterly of top of bank. (9) Set monument on a moderate open north slope (10) Sal monument on a moderate open northeast slope (11) Set monument on a mild open north slope. The center of a 2' Sewer Manhole bears S41°03'E 7 .6' and a punch hole in the northwest rim bears S40°53'E 6.59. (12) Found lead & taek In top of south curb of Montemalaga Drive and used as a reference for the northeast terminus of the Rancho Palos Verdes Property Una. (13) Found spike & washer shown on RDFB 0317·282 as set at the intersection of the semi-tangent of the main curve of Montemalaga Drive with the centerline of Grayslake Road. The centerline intersection shown on MB 658-12 ls on the main curve centerline of Montemalaga Drive and is S2r01'15'W 0.39'. Found lead & brass disc "LA CO RD DEPT" on top of south curb S27°01'15"W 32.67' (32.67'), found lead & tack on top of south curb (see(12)) S26"17'34~E 58.78' (58.79') and lead & tack N27"01'15"E 29.73' (29.77') ln concrete gutter as shown on RDFB 0317-282 and PWFB 0317-763. No search was made for other references. (14) Found spike & washer down 0.2'. No search was made for references. (15) Found punched spike embossed "ORA" shown on PWFB 0317-712 Found lead & tack in top of curb S62"56'E 18.78' (18.81'). No search was made for other references. (16) New Property Line begins on the northeast line of the Future Street parcal from which a mag nail & 1.5" brass washer "PLS3945 MCGEE SURVEYINGH bears S44"40'E 10.06'. The nail & washer is set in a concrete footing of a chain link fence. O 4' North of the center of the post, fenca runs SE and SW. 2" lP's per Tract Maps northwest 3.53' and southeast 26.47' not found. \_o\ "\'\ \_o\ '\O llR2~3f54 i..ot'\ t-i71'>"4(f(l~ s&~~;.~~· 60' • 'il'IR!. ii®®@~ 0., [l'ij]~ @@@"®ffil~ ..... , "· i:. \,~,(•I'S) '~? ~ 0~ ,4'°!~ ..... ,' f 26.ss- ' '$, ' ~,,~ 4 ...,,,,,.,., "-':?~ · ,,{~ ,¥>~.,.,~ ' lt%;94f3a·c ~~> ~ .si~'-., ~< ~q;· ~~, ~q,'15i~~ 66i', ~ .P,r aiv~-'-.,<:.,:J:o:-s~'tf}-4:', ~~;,.3 .... ~ .. ~ >~~A. C8f1\Brl\nB~~\t>E.C s&1·on13-e ~ .<:l'~ ' "' '. l"':~;~s1) LC•7~ ~~~~ '•" l'\3) ' I ro-=11·A~A9") R•t120.00'-------• :1'" "-11 60' 120' <?} o"'e e~'\ <">'C,o «'o~ " 1'_0 A=7S.69" ---'& ' " T=39.36" -" ; g: M'55'"',) .,~"',,,..,..,,, ~\~ I""' ~~ •1'2l I ""' , . I 0-NJo·ss'J{; <({~'(). \'O) "'f-" ,f/. e~ :..e"" .!>/,..{'<' l>(O~ . I e'U ,h ,ii, .«''o ~ -. ~ . ~e ~ , ... -'11-o"" v ~ue <(qj. 0~ <('lf. c,"\'o ~'C~ o"- ·"' . ~p1 11 ~i'.53. S55"D6"l0"E~'j.b LC=1~ ~ R"l12Cl00' ~ A=154.58' T=77.41' 0:7'54'27" _,, ..... ..-::· LEGEND 0 • (1) () SS ~ti. ~ti. cir"'b •" \ Set 1 "x30" Galvanized Iron Pipe up 1 /2' with a 2" aluminum cap stamped "McGee Surveying PLS3945" as described in the Monument NotesH. Set a "U" steel post alongside with a sign "City of Rancho Palos Verdes Property Line" Found monuments as described in Monument Notes Refers to Monument Notes symbolized by (1) In Notes Record information per labeled Tract or Field Notes Calculated position Existing Sewer Line BASIS OF BEARINGS Bearing shown on this survey are based on TR21353 recorded In M8648- 48/50 based on {3) to (5). The bearings shown on TR1 ga83 recorded in MB658-9/12 are rotated right 0"01"00" to this survey based on (13) to (14) Bearing shown on this survey would be rotated left 0"04'03" to obtain bearing based on geodetic north. ~~~\~-Ri~r~1 o~:;"-~i~ \o..4\·4!n1" \ ' ~~;~:~e.-· -QTIAf!.-~ ----:;J:?t~:-«<:/ trT~ ~·11 :?·:~.~, APN 7578-002-009 20.0B' 1 \ Easement for the Benif~ clParca10rie 1.ot70 'il'll': ~~~@~ ll:liJ[j'. (~@~O'ff~® i..ot1'\ COUNTY SURVEYOR'S STATEMENT This map has been examined in acCOfdance with Section 8766 of the Professional Land SurveyotsActlhls __ dayof ___ • 2012. Deputy County Surveyor _,,--' -(.,. -·. 1' (16) :fr"~' _ ........ '$is.~.'?--""'; SURVEYOR'S STATEMENT This map com;ictly represents a survey made by me or under my dlrecllon In confonnance with the requirements of the Professional Land Surveyor's Act at the request of the Clly or Rancho Palos VerdesinJuly2012. Michael R. McGee P.L.S. 3945 SURVEY NOTE The purpose of this survey is to locate. describe and monument a boundary line adjustment at the request of and for the City of Rancho Palos Verdes that runs from the northeast line of that parcel shown as a "Future Street" on MB 648-47/49 and MB 647-45147 to the south line of Montemala9a Drive, and a 15' Easement for access over said "Future Street". PRELIMINARY 08103112 RECORD of SURVEY fo< The City of Rancho Palos Verdes ;n The City of Rancho Palos Verdes County of Los Angeles, State of California Being a Portion of Lot 'H' of Rancho Los Palos Verdes Scale: 1"= 60' July 2012 MCGEE SURVEYING CONSULTING Sheet Inf I F-7 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into this day of [September], 2013 ("Effective Date"), by and between YA YI MAY, an individual ("Seller"), and the CITY OF RANCHO PALOS VERDES, a municipal corporation ("Buyer"). RECITALS (a) Seller owns that certain real property (the "Land") in the County of Los Angeles, State of California, more particularly described in Exhibit "A" attached hereto and any and all improvements thereon (the "Improvements"). (b) All rights (including water and mineral rights), privileges, easements, tenements, rights of way, and appurtenances which benefit or pertain to the Land are hereinafter referred to as the "Appurtenances". (c) The Land, Improvements (if any) and Appurtenances are collectively referred to herein as the "Property." NOW, THEREFORE, in consideration of the foregoing recitals, and. other consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree that the terms and conditions of this Agreement and the instructions to First American Title Insurance Company ("Title Company" and "Escrow Holder") with regard to the escrow ("Escrow") contemplated hereby are as follows: 1. SALE OF PROPERTY. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein after set forth. 2. PURCHASE PRICE. The total purchase price ("Purchase Price") for the Property shall be Four Hundred Fifty-Five Thousand and No/100 Dollars ($455,000.00). 3. ESCROW. 3.1 Opening of Escrow. Within three (3) business days following the Effective Date hereof, Buyer and Seller shall open Escrow with Escrow Holder and shall deliver a copy of this executed Agreement to Escrow Holder. In addition, Buyer and Seller agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not -1- R6876-000J\1611122vl.doc F-8 conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. 3.2 Close of Escrow. For purposes of this Agreement, the "Close of Escrow" or "Closing" shall be deemed to occur upon, and the "Closing Date" shall be the date of, the recordation of the Grant Deed conveying the Property to Buyer in the Official Records of Los Angeles County, California. The Close of Escrow, Closing and Closing Date must occur no later than December 31, 2013. Possession is to be delivered to Buyer at 2:00 p.m. on the date of "Close of Escrow", in all events vacant and free from all claims to possession or title by third parties. 3.3 Funding Condition. The Close of Escrow and Buyer's obligations under this Agreement are conditioned, for the benefit of Buyer, upon the Buyer's obtaining federal funding (as authorized by the California Wildlife Conservation Board) for the Purchase Price, but Buyer shall use good faith efforts to cause the satisfaction of such condition as soon as reasonably possible, but in no event shall Buyer's failure to obtain such funding be a breach of this Agreement. 4. TITLE INVESTIGATION. 4.1 Title Report. Buyer has received a preliminary title report dated August 1, 2013, Order No. NCS-480165-SAC4 for a Standard Form CLTA Owner's Policy of Title Insurance for the Property ("Preliminary Report"), together with copies of all documents relating to title exceptions referred to in the Preliminary Report ("Title Exceptions"). Buyer hereby approves the Preliminary Report and Title Exceptions, subject to Section 4.2 below. 4.2 Monetary Title Exceptions. It is understood and agreed that, notwithstanding· Section 4.1, any encumbrances, security interests, liens, deeds of trust, and/or mortgages which secure, in whole or in part, any monetary indebtedness not arising by, through or under Buyer shall be deemed to be disapproved, and shall be paid off, satisfied, released, and/or discharged by Seller (or insured over by the Title Company) at or prior to Closing. Seller agrees to execute any agreements (including indemnity agreements) in favor of the Title Company and deliver such other documents to the Title Company as may be reasonably required by the Title Company to remove recorded Documents 79-924702 and 81-708021 ($39,999 deed of trust dated in 1979 and assignment thereof) as exceptions to title so that Buyer's title policy can and will be issued without such exceptions. 4.3 Title Policy. Seller shall cause the Title Company to issue its Standard CTLA Owner's form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price showing good and marketable title to the Property vested in Buyer subject only to the exceptions -2- R6876-000l\1611122vl.doc F-9 to title approved in Section 3 .1 but with no exceptions to title for any liens (as required by Section 4.2). 5. SELLER'S DELIVERIES. Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for delivery to Buyer at Closing the following: A duly executed and acknowledged Grant Deed; A Certification of Non Foreign Status (FIRPTA Affidavit); and (a) (b) (c) Any other document provided for herein, or reasonably required by Escrow Holder. 6. BUYER'S DELIVERIES. Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited into Escrow, to be delivered to Seller upon the Closing, the following: (a) The Purchase Price; (b) A Certificate of Acceptance for the Grant Deed; and ( c) Any other document provided for herein or reasonably required by Escrow Holder. 7. TAX WITHHOLDING; AUTHORIZATION TO RECORD DOCUMENTS AND DISBURSE FUNDS. Escrow Company shall withhold a portion of the purchase price under California Revenue and Taxation Code Section 18662 and shall otherwise comply therewith (as well as with Section 15 .17 below regarding reporting under IRC Section 6045( e )). Escrow Holder is hereby authorized and directed to record and/or deliver the documents and disburse the funds called for hereunder, subject to the above withholding and payment of costs and expenses ·as provided for herein and otherwise pursuant to the written closing instructions, if any, of Buyer and Seller delivered prior to Closing, provided each of the following conditions have been or will concurrently with the Close of Escrow be fulfilled: (a) Title Company has committed to issue to Buyer the Title Policy with liability equal to the Purchase Price, in accordance with Section 4.3 above; (b) Seller shall have deposited in Escrow the documents and instruments required of it under Section 5; ( c) Buyer shall have deposited into Escrow the documents, and instruments required of it under Section 6; -3- R6876-000l\1611122vl.doc F-10 ( d) Escrow Holder has received any documents necessary or proper for the issuance of the Title Policy referred to above. 8. COSTS AND EXPENSES. The Seller shall pay one-half of the Escrow Holder's Escrow fee and that portion of the premium for the title policy equal to the cost of a CL TA standard coverage title policy in the amount of the Purchase Price, plus the cost of any endorsements obtained in connection with Disapproved Exceptions. The cost of any endorsements requested by the Buyer, shall be borne by the Buyer. Buyer agrees to pay all other usual fees, charges, and costs which arise from Escrow. 9. PRORATION. The following prorations shall be made between Buyer and Seller by Escrow Holder at the Close of Escrow, computed as of the closing date: 9.1 Taxes. Seller shall pay all property taxes for the tax bill period in which the Closing occurs (i.e., January 1 through June 30, or July 1 through December 31, as applicable), and Seller acknowledges that since Buyeds exempt from property taxes, Seller may secure a refund of the property taxes paid by Seller for the portion of such "tax bill period" during which Buyer will own the Property, but there shall be no increase in the funds required to be deposited by Buyer into escrow due to property taxes. Special taxes, and assessments shall be prorated as of the Close of Escrow based upon the latest available tax information. Seller shall be responsible for all special taxes and assessments accrued against the Property to and including the day prior to the Close of Escrow based upon payment of such assessments in installments to the greatest extent permitted. Unless any special tax or assessment payment or installment specifies the time period for which such payment is owed, it shall be presumed that such payment is for the full year immediately preceding the day upon which such payment is due. 10. W AIYER BY SELLER. SELLER KNOWINGLY AND VOLUNTARILY WAIVES THE FOLLOWING RIGHTS: THE RIGHT TO SEEK ANY COMPENSATION FOR THE ACQUISITION OF THE PROPERTY IN ANY AMOUNT GREATER THAN THAT SET FORTH IN SECTION 2 HEREIN; THE RIGHT TO CLAIM RELOCATION BENEFITS OR ASSISTANCE; THE RIGHT TO CLAIM DAMAGE OR INJURY TO BUSINESS GOODWILL; THE RIGHT TO CLAIM LOSS OF RENT; THE RIGHT TO CLAIM SEVERANCE DAMAGES; THE RIGHT TO CLAIM FIXTURES, AND EQUIPMENT; OR ANY SIMILAR RIGHT OR CLAIM ARISING OUT OF THE ACQUISITION OF THE PROPERTY. 11. SELLER'S REPRESENTATIONS AND WARRANTIES. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following representations and -4- R6876-000l\1611122vLdoc F-11 warranties, each of which (i) is a condition to Close of Escrow, (ii) is true as of the Effective Date and willbe true as of the Closing, and (iii) is material and is being relied upon by Buyer. 11.1 Authority. Seller has full power and authority to enter into this Agreement and to consummate the transactions contemplated herein without obtaining the consent or approval of any other person, entity, or governmental authority. The persons whose names are set forth below hereby personally represent and warrant that they have full power and authority to sign the name of Seller to this Agreement and to cause this Agreement to be a binding obligation of Seller. 11.2 Litigation. There is no litigation, bankruptcy, or receivership proceeding or any other· proceeding pending, or, to Seller's knowledge, threatened against, relating to, or involving Seller's interest in the Property, nor does Seller know or have any reasonable ground to know of any basis for any such action. No consents or waivers of or by any third party are necessary to permit the consummation by Seller of the transactions contemplated pursuant to this Agreement. 11.3 Compliance With Laws. Seller has received no notice and has no actual knowledge of any violation of any applicable law, ordinance, rule, regulation or requirement of any governmental agency, body or subdivision affecting or relating to the Property, including, without limitation, any subdiVision, building, use or environmental law, ordinance, rule, requirement, or regulation. Seller agrees to disclose any potential violations of applicable City building codes on any properties that abut the Property that is a part of this transaction. 11.4 Governmental Notices. Seller shall deliver to Buyer each and every notice or communication Seller receives from any governmental body relating to the Property or any portion thereof upon Seller's receipt of the same. 11.5 Leases. Seller acknowledges that there are no leases or other agreements (either oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof. 11.6 Future Action. From and after the date hereof, without the prior written consent of Buyer, Seller shall not execute nor consent to the execution of any lease of any portion of the Property or any other instrument which may result in an alteration of the condition of title. -5- R6876-000l\1611122vl.doc F-12 11. 7 Hazardous Materials. To the best of Seller's actual knowledge there are no Hazardous Materials in existence on or below the surface of the Property, including, without limitation, contamination of the soil, subsoil or ground water, which constitute a violation or any law, rule, or regulation of any government entity having jurisdiction thereof or which expose Buyer to liability to third parties, and Seller has not used, nor permitted use of, the Property for the generation, treatment, storage, or disposal of Hazardous Materials, or other condition or use that could result in or cause a discharge of any Hazardous Materials on or below the Property. "Hazardous Materials" as used herein means hazardous, toxic, or radioactive substances or materials, as the same are defined or described by applicable federal laws or regulations (including, without limitation, the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., and any regulations adopted and publications promulgated pursuant to said laws), California laws or regulations (including, without limitation, those substances defined as "Hazardous Substances" in Section 25316 of the California Health & Safety Code, and any regulations adopted and publications promulgated pursuant to said laws). Further, Seller has received no notification, warning or citation within the last five (5) years regarding any violation, or potential or pending violation, of any Hazardous Materials regulations or laws or any other law, statutory provision or regulation regarding the use, condition or status of the Property and Seller has no knowledge of any condition or activity on the Property which, if un-remedied prior to the Close of Escrow, will or could, upon passage of time, constitute a violation. · 11.8 Environmental Violations. Seller has no knowledge of any condition or use of the Property that constitutes, or if un-remedied prior to the Close of Escrow, with the passage of time would constitute, a violation of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section 2344); (ii) the Federal Clean Air Act (33 U.S.C. Section 7401, et seq.); (iii) the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seq.); (iv) any State of California law of similar substance or nature controlling or regulating the use or condition of land, water or air (including the California Environmental Quality Act) or (v) any federal or California laws or regulations relating to use of or conservation of wetlands or other natural topographical conditions. Further, Seller has received no notification, warning or citation within the last five (5) years regarding any violation or potential or pending violation, of any of such laws or regulations. 11.9 Work and Materials Furnished. Bills for work done and materials furnished with respect to the Property have been paid in full by Seller or will be discharged and paid in full by Seller by the date of Closing. -6- R6876-0001\1611122vl.doc F-13 11.10 Tax Withholding for Foreign Person. Seller is a citizen of the United States, and 1s not a "foreign person" under IRC Section 1445. 11.11 Declaration, Covenants, Restrictions. Other than as identified in the Title Report, there are no declarations or covenants affecting the use of the Property; and there is no association which has been formed for the purpose of managing any portion of the Property. 11.12 Contracts. Except as may be disclosed by the Title Documents, there are no contracts or agreements relating to the operation, devel<?pment, management, or ownership of the Property o'r any portion thereof. 11.13 Truthfulness at Closing. Except as expressly herein otherwise provided, the representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 12. BUYER'S REPRESENTATIONS. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations, each of which is material and is being relied upon by Seller: 12.1 Authority. Buyer has full power and authority to enter into this Agreement and to consummate the transactions contemplated herein without obtaining the consent or approval of any other person, entity or governmental authority. The person(s) whose name(s) are set forth below hereby personally represent and warrant that they have full power and authority to sign the name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of Buyer. 12.2 Truthfulness at Closing. The representations of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 13. SELLER'S DEFAULT. In the event that Seller shall fail to perform Seller's obligations hereunder, Buyer shall have the option to: (i) extend the Closing for such time as Buyer chooses -7- R6876-000l\1611122vl.doc F-14 to allow Seller to remedy such default, (ii) waive such default in writing, "or" (iii) pursue all legal or equitable remedies available to it, including, without limitation, terminating this Agreement by written notice to Seller prior to cure of the default. 14. MISCELLANEOUS. 14.1 Risk of Loss. The risk of loss or damage to the Property until the Closing is assumed by Seller. If any damage occurs to the Property prior to Closing, Seller shall promptly give Buyer written notice of the occurrence thereof and of the amount of any insurance proceeds available for the repair of such damage. Buyer at its sole option may terminate this Agreement by written notice given to Seller within thirty (30) days of Buyer's receipt of such notice, in which case the funds and documents deposited with Escrow Holder shall be returned to Buyer and this f\greement shall be null and void. If Buyer does not give such notice, or gives notice that it will nonetheless proceed with the Closing, then this Agreement will remain in full force and effect and Seller shall assign any available insurance proceeds to Buyer at or before the Closing. 14.2 Notices. All notice or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; sent by certified mail, postage prepaid, return receipt requested; or delivered or sent by overnight courier and shall be deemed received upon the earlier of (i) if mailed by certified mail, three (3) business days after the date of posting by the United States Post Office, or (ii) if sent by overnight courier, when delivered to the specified address. To Buyer: With a copy to: To Seller: To Escrow Holder: R6876-000l\1611122vl.doc City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: City Manager Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Attn: Carol W. Lynch, Esq. Ms. Ya Yi May c/o Julie Pun First American Title Insurance Company 777 S. Figueroa Street, Suite 400 Los Angeles, CA 90017 Attn: Sylvia Meldonian (213/271-1764) -8-F-15 Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. 14.3 Assignment. Buyer may not assign, transfer, or convey its rights or obligations under this Agreement without the prior written consent of Seller. However, that Buyer shall in no event be rele~sed from its obligations hereunder by reason of any assignment. No assignment or transfer, if permitted, shall be effective unless each assignee or transferee expressly agrees in writing to be bound by the terms and conditions of this Agreement. Any purported assignment, transfer, or encumbrance in violation of the foregoing may, at the option of Seller, be deemed null and void or be a default hereunder. 14.4 Seller's Use of Property. From and after the date of Seller's execution hereof, Seller shall maintain the Property in the same condition and state of repair as on the Effective Date, and Seller shall not grant or convey any easement, lease, license, permit, ·encumbrance, lien, or any other legal or beneficial interest in or to the Property, improvements thereon, mineral or water rights appurtenant thereto, or any other property rights whatsoever without the prior written consent of Buyer, nor shall Seller violate, or allow the violation of any law, ordinance, rule, or regulation affecting the Property. Seller shall do or cause to be done all things reasonably within its control to preserve intact and unimpaired any and all easements, grants, appurtenances, privileges, and licenses in favor of or constituting any portion of the Property. 14.5 Delivery of Materials. Seller shall deliver to Buyer, at no expense to Buyer, within ten 10) days of Seller's execution hereof, copies of any and all contracts affecting the Property (including service and materials contracts), soils investigations and reports, water and sewer studies, topographic maps, photographs, mapping, platting, and other materials, if any, concerning the Property, which are owned by Seller or are in Seller's possession (collectively, the "Materials"). 14.6 Survival and Conditions Precedent. Agreements, representations, covenants, and warranties contained in this Agreement or any amendment or supplement hereto shall survive Closing and delivery of deed hereunder and shall not be merged thereby, and, in addition to any effect any of the same have in law or in equity, all of the same will be deemed to be conditions precedent to the Buyer's obligations hereunder, whether so expressed or not. Seller acknowledges that all of the conditions to this Agreement which are for the sole benefit of the Buyer may unilaterally be waived by the Buyer only in writing. -9- R6876-000J\1611122vl.doc F-16 15. GENERAL PROVISIONS. 15.1 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such further instruments and documents and to consummate the purchase and sale herein contemplated, and to effectuate the intent of this Agreement. 15.2 Time of Essence. Time is of the essence of each and every term, condition, · obligation, and provision hereof. 15.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Faxed copies of signed documents may be considered as originals if agreed to by each of the parties hereto. 15 .4 Captions. Any captions to, or headings of, the paragraph or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 15.5 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. 15.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference. 15. 7 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 15.8 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision ·hereof. · -10- R6876-000l\1611122vl.doc F-17 15.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding California's choice of law rules. 15.10 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own attorneys', consultants' and other fees and expenses in connection with this Agreement. 15 .11 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by ether party hereto, or by or to an employee, officer, agent, or representative· of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 15.12 Successors and Assigns. Subject to any limitations on assignment contained herein, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 15.13 No Presumption. Each provision of this Agreement has been independently and freely negotiated by both parties as if this Agreement were drafted by both parties. In the event of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or permitting interpretation of said ambiguity against or in favor of either party. 15.14 Attorneys' Fees. In the event that either party is required to commence any action or proceedings against the other in order to enforce the provisions hereof, or in order to obtain damages for the alleged breach of any of the provisions hereof, the parties agree that both parties shall bear their own costs in connection with said action or proceedings and that no award of costs or attorney's fees shall arise out of any such action or proceedings. 15.15 Brokerage Fees. Each party represents to the other that it has not engaged any broker, finder or salesperson in connection with this matter. 15.16 Survival. Except as otherwise provided herein, all covenants, agreements, representations, and warranties set forth in this Agreement or in any certificate or instrument -11- R6876-000l\1611122vl.doc F-18 executed or delivered pursuant to this Agreement shall survive the Closing and shall not merge into any deed, assignment, or other instrument executed or delivered pursuant hereto. 15 .1 7 IRS Real Estate Sales Reporting. Buyer and Seller hereby appoint Escrow Agent as, and Escrow Agent agrees to act as "the person responsible for closing" the transactions which are the subject of this Agreement, pursuant to Internal Revenue Code of 1986 Section 6045( e ). Escrow Agent shall prepare and file the informational return (IRS Form 1099-S) required by and otherwise comply with the terms of IRS Section 6045( e ). · 15.18 Authority of City Manager. The City Manager shall have the authority to make all determinations and give all consents and approvals hereunder on behalf of City provided they are in writing. The City Manager may also waive provisions hereof and make non-substantial amendments to this Agreement on behalf of City provided the waiver(s) and amendment(s) are in writing. 15.19 Jurisdiction and Venue. Seller hereby agrees that for purposes of disputes in connection with this Agreement, Seller shall be subject to the jurisdiction of the courts of the State of California in Los Angeles County, and that the venue for any dispute arising between the parties hereto shall be such courts in Los Angeles County. No actions, proceedings or lawsuits regarding this Agreement shall be commenced or maintained in the courts of Taiwan. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. · This Agreement creates certain legal rights and responsibilities as described herein and all parties should consider obtaining legal advice prior to execution of it. "BUYER": R6876-0001\1611122vl.doc CITY OF RANCHO PALOS VERDES By: _____________ _ Susan Brooks, Mayor ATTEST: Carla Morreale, City Clerk -12-F-19 "SELLER": R6876-0001\1611122vl.doc APPROVED AS TO FORM: Carol W. Lynch of Richards, Watson & Gershon, City Attorney YA YI MAY, an individual -13-F-20 EXHIBIT "A" 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, 41AND43 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 CONCA VE NORTHERLY AND -14- R6876-0001\1611122vl.doc F-21 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. -15- R6876-000l\1611122vl.doc F-22 PARCEL2: 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 CONCA VE 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 CONCA VE 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 CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; -16- R6876-000l\1611122vl.doc F-23 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. -17- R6876-000l\1611122vl.doc F-24 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. -18- R6876-0001\1611122vl.doc F-25 PARCEL4: 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 CONCA VE 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 CONCA VE 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 CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; -19- R6876-0001\1611122vl.doc F-26 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. 21351· 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 & 7578-003-007 -20- R6876-000l\1611122vLdoc F-27 R6876-000l\1611122vl.doc EXHIBIT "B" FORM OF GRANT DEED (Attached.) F-28 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO (AND MAIL TAX STATEMENTS TO): City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 APNs: 7578-003-004 and 007 (portions) [SPACE ABOVE FOR RECORDER'S USE ONLY]· This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 Exempt from Documentary Transfer Tax; conveyance to a public entity. GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, YA YI MAY, an individual (the "Granter") hereby grants to the CITY OF RANCHO PALOS VERDES ("Grantee") the land in the City of Rancho Palos Verdes, County of Los Angeles, State of California, more particularly described on Exhibit A attached hereto and all improvements thereon (the "Property"). IN WITNESS WHEREOF, Granter has executed this Grant Deed as of the date set forth below. Dated: , 2013 ----- R6876-000l\1611122vl.doc YA YI MAY, an individual F-29 State of California County of Los Angeles ) ) [DISCUSS] 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 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) R6876-000l\!611122vl.doc F-30 EXHIBIT "A" TO GRANT DEED Legal Description of the Land 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, 41AND43 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 CONCA VE SOUTHERLY AND HA YING 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 CONCA VE NORTHERLY AND R6876-000l\1611122vl.doc F-31 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 CONCA VE SOUTHWESTERLY AND HA YING 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 58.0 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. R6876-000l\1611122vl.doc F-32 PARCEL2: 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 CONCA VE SOUTHERLY AND HA VINO 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 CONCA VE NORTHERLY AND HA VINO 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 CONCA VE SOUTHWESTERLY AND HA VINO A RADIUS OF 420 FEET; R687 6-000 I\ J 611122v I.doc F-33 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 HA YING A BEARING AND LENGTH OF NORTH 31° 37' 40" WEST 66.43 FEET. R6876-000l\1611122vl.doc F-34 PARCEL3: 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 11 WEST 142.04 FEET AND NORTH 65° 30' 00 11 WEST77.63 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 11 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 11 EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE CONCA VE NORTHERLY AND HA VINO A RADIUS OF 270.00 FEET, A RADIAL LINE TO SAID POINT HA VINO A BEARING OF NORTH 11° 20' 45 11 EAST, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 30 11 AN ARC DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND HA VINO. A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24° 44' 03 11 AN ARC DISTANCE OF 159.73 FEET AND SOUTH 86° 58' 40 11 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 11 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 11 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 11 EAST 71.08 FEET, NORTH 39° 30' 00 11 WEST 240.44 FEET, NORTH 27° 48' 3 11 WEST 188.49 FEET, NORTH 8° 25' 06 11 WEST 73.21 FEET, NORTH 45° 51' 22 11 WEST 75.28 FEET, NORTH 71° 00' 00 11 WEST 71.50 FEET AND NORTH 86° 30' 44 11 WEST 131.63 FEET TO THE POINT OF BEGINNING. R6876-000l\1611122vl.doc F-35 PARCEL4: 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, INAND 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 CONCA VE 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 CONCA VE 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 CONCA VE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET; R6876-000l\1611122vl.doc F-36 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 3~ TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351-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 & 7578-003-007 R6876-000l\1611122vl.doc F-37 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Grant Deed dated in , 2013, from YA YI MAY, an individual, 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 , 2013, and the grantee consents to recordation thereof by its duly authorized officer. Dated: _____ , 2013 R6876-000J\1611122vl.doc . Carolyn Lehr City Manager F-38 F-39 F-40 F-41 F-42 F-43 F-44 F-45 F-46 F-47 F-48 F-49 F-50 F-51 F-52 F-53 F-54 F-55 F-56 F-57 F-58 F-59 F-60 F-61 F-62 F-63 F-64 F-65 F-66 F-67 F-68 F-69 F-70 F-71 F-72 F-73 F-74 F-75 F-76 F-77 F-78 F-79 F-80 F-81 F-82 F-83 F-84 F-85 F-86 F-87 F-88 F-89 F-90 F-91 F-92 F-93 F-94 F-95 F-96 F-97 F-98 F-99 F-100 F-101 F-102 F-103 F-104 F-105 F-106 F-107 F-108 F-109