RPVCCA_RDA_SR_2011_04_19_C_Conveyance_EasementsCn-vOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE CHAIRMAN AND MEMBERS OF THE
BOARD OF DIRECTORS OF THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY
CAROL W.LYNCH,AGENCY COUNSEL ~
APRIL 19,2011
APPROVAL OF A MAINTENANCE EASEMENT ON
PROPERTY THAT IS OWNED BY THE RANCHO
PALOS VERDES REDEVELOPMENT AGENCY THAT IS
SUBJECT TO THE PORTUGUESE BEND LANDSLIDE
CAROLYN LEHR,EXECUTIVE DIRECTOR 09-
RECOMMENDATIONS
1.Adopt Resolution No.RDA 2011-_,a Resolution of the Rancho Palos Verdes
Redevelopment Agency,authorizing the Agency's approval of a maintenance
easement agreement with the City of Rancho Palos Verdes regarding Agency-
owned property.
2.Approve a maintenance easement over property that is owned by the Rancho
Palos Verdes Redevelopment Agency and is adjacent to and underneath a
portion of Palos Verdes Drive South;and
3.Authorize the Chairman to execute the maintenance easement agreement on
behalf of the Rancho Palos Verdes Redevelopment Agency.
BACKGROUND
In 1987,the subject property,Lot 1 of Parcel Map No.17161 ("the Property"),was
conveyed by Transamerica to the Rancho Palos Verdes Redevelopment Agency
("Agency").The Property is within the active portion of the Portuguese Bend Landslide
and moves several feet each year.Portions of Palos Verdes Drive South are located
on and adjacent to the Property.In addition,appurtenant drainage facilities are also
located on the Property.From time to time the City is required to maintain these
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facilities,in addition to maintenance that is performed by the Agency on the land itself,
including grading.
DISCUSSION
The attached maintenance easement agreement memorializes the existing
arrangement between the City and the Agency whereby the City enters the Property
from time to time,at the City's discretion,to maintain its facilities.The maintenance
easement agreement does not create any obligation on the part of the City to perform
any maintenance on the Property;as is stated in Section 2 of the Agreement:
"This Agreement is not intended,nor shall it be construed,to create an obligation on the
City's part to take any action as described in Section 1 above.The City has absolute
discretion regarding the exercise of its rights and the use of the Easement granted
hereby,including without limitation the timing,method and scope of any maintenance,
prevention,mitigation or repair work that the City may in the exercise of its discretion
undertake."
Counsel for the Redevelopment Agency recommends that the Agency Board approve
the attached resolution and authorize the Agency's approval of the attached
maintenance easement agreement over the Property to memorialize the existing
arrangement between the City and the Agency and authorize the Chairman to execute
the maintenance easement on behalf of the Agency.
FISCAL IMPACT
There is no fiscal impact arising from the approval of this maintenance easement.The
City already maintains Palos Verdes Drive South and has a budget for that purpose,
and the Agency already has a budget for the landslide repair work that it performs on
the Property.Approving this maintenance easement does not alter the Agency's
existing financial commitment or create or expand the Agency's obligations.
ATTACHMENTS
•Draft Agency Resolution No.RDA 2011-_
•Draft Maintenance Easement Agreement
1346923-1 RDA C-2
RESOLUTION NO.RDA 2011-_
A RESOLUTION OF THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY AUTHORIZING THE
AGENCY'S APPROVAL OF A MAINTENANCE
EASEMENT AGREEMENT WITH THE CITY OF RANCHO
PALOS VERDES REGARDING AGENCY-OWNED
PROPERTY.
WHEREAS,in 1987,the subject property,Lot 1 of Parcel Map No.17161
("Property"),was conveyed by Transamerica to the Rancho Palos Verdes
Redevelopment Agency ("Agency");and
WHEREAS,the Property is within the active portion of the Portuguese Bend
Landslide and moves several feet each year;and
WHEREAS,portions of Palos Verdes Drive South and appurtenant drainage
facilities are located on and adjacent to the Property which the City of Rancho Palos
Verdes ("City")may maintain from time to time;and
WHEREAS,the Agency now wishes to enter into a maintenance easement
agreement memorializing the existing arrangement between the City and the Agency.
NOW,THEREFORE,THE RANCHO PALOS VERDES REDEVELOPMENT
AGENCY DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
Section 1.That the foregoing recitals are true and correct and are a
substantive part of this Resolution.
Section 2.That the Agency Board of Directors,pursuant to its right and
authority,does hereby authorize and accept a maintenance easement agreement,
which is attached hereto as Exhibit A and incorporated herein by this reference
("Agreement").The Agreement memorializes the existing arrangement between the
City and the Agency whereby the City may enter the Property from time to time,at the
City's discretion,to maintain its facilities.
Section 3.That the Agency Board of Directors acknowledges the Agreement
does not create any obligation on the part of the City to perform any maintenance on the
Property,as is stated in Section 2 of the Agreement:
"This Agreement is not intended,nor shall it be construed,to create an obligation
on the City's part to take any action as described in Section 1 above.The City
has absolute discretion regarding the exercise of its rights and the use of the
Easement granted hereby,including without limitation the timing,method and
scope of any maintenance,prevention,mitigation or repair work that the City may
in the exercise of its discretion undertake."
R6876-0001 \1346971 vl.doc
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Section 4.That the Agency Board of Directors authorizes the Chairman to
execute the Agreement on behalf of the Agency.
Section 5.That the Agency Secretary shall certify to the passage and
adoption of this Resolution.
PASSED,APPROVED AND ADOPTED ON April 19,2011.
Chairman
Attest:
Agency Secretary
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I,Carla Morreale,Agency Secretary of the Rancho Palos Verdes
Redevelopment Agency hereby certify that the above Resolution No.RDA 2011-_was
duly and regularly passed and adopted by the said Redevelopment Agency at a regular
meeting thereof held on April 19,2011.
Agency Secretary
-2-
R6876-0001\1346971vl.doc
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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275-5391
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
SPACE ABOVE TffiS LINE FOR RECORDER'S USE
Exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383
The undersigned grantor(s)declare(s):Assessor's Parcel No.:_
Project No.&Name:Documentary transfer tax is $0.00
( )computed on full value of property conveyed,or
( )computed on full value less value of liens and
encumbrances remaining at time of sale.
(x)City of Rancho Palos Verdes /Rancho Palos Verdes Redevelopment Agency
MAINTENANCE EASEMENT AGREEMENT
Lot 1-Palos Verdes
Drive South
This Maintenance Easement Agreement (this "Agreement")is entered into as of the
_________,2011 ("Effective Date"),by and between Rancho Palos Verdes
Redevelopment Agency,a public body,corporate and politic,duly organized and existing under
the laws of the State of California (the "Agency")and City of Rancho Palos Verdes,a municipal
corporation,duly formed and existing under the laws of the State of California (the "City").
RECITALS
A.The Agency owns a certain parcel of land located in the City,which is more fully
described in the attached Exhibit A (the "Property").
B.The Property is subject to damaging landslides and other land movements from
time to time.
C.City infrastructure and facilities,including a public street and drainage facilities,
are located on and immediately adjacent to the Property.
D.The Agency desires to grant the City an easement in perpetuity on,in,over and
across the Property for maintenance purposes and for the prevention and mitigation of such
landslides and land movement,and the repair of any damage that may result therefrom.
11244-0001\1345455v3.doc
RDA C-5
AGREEMENT
1.Agency hereby grants to the City an easement in perpetuity on,in,over and across
the Property (the "Easement")for any activity thereon by the City (and the City's agents and
contractors)as the City,from time to time and in the exercise of its discretion,shall deem
necessary or appropriate for maintenance purposes,the prevention of landslides and land
movement on,in or around the Property,and the repair of any damage that may result from such
landslides or land movement,including but not limited to,the following:
a.Grading intended to arrest land movement,or to correct or repair the
impacts of any such land movement;
b.Maintenance or repair of public facilities,including but not limited to
roads,sewers,drainage facilities and water distribution lines;
c.Work relating to the prevention or mitigation of beachfront erosion.
2.This Agreement is not intended,nor shall it be construed,to create an obligation
on the City's part to take any action as described in Section 1 above.The City has absolute
discretion regarding the exercise of its rights and the use of the Easement granted hereby,
including without limitation the timing,method and scope of any maintenance,prevention,
mitigation or repair work that the City may in the exercise of its discretion undertake.
3.The Agency agrees to indemnify,defend and hold free and harmless the City,
including the elected officials,officers,employees and agents of the City,from and against any
and all claims,causes of action,arbitration proceedings,administrative proceedings,regulatory
proceedings,losses,liabilities,damages,costs and expenses (including attorneys'fees and costs)
resulting from or in any way attributable actually,allegedly or impliedly,in whole or in part to
any action undertaken by the City (including its agents,employees,contractors,subcontractors
or invitees)in or on the Property and pursuant to the provisions ofthis Agreement,except to the
extent caused by the gross negligence or willful misconduct ofthe City.
4.All rights and obligations in this Easement Agreement shall bind and "run with"
the Property,and this Agreement shall be binding upon all persons and entities who acquire any
right,title or interest in all or any portion ofthe Property.
5.Each ofthe Agency and the City agrees to execute any and all documents that are
reasonably necessary or expedient to carry out the intent of this Agreement,to do such other
reasonable acts as will further the purposes hereof,and to refrain from any actions which would
impede or otherwise interfere with the other party with respect to the performance of its duties
and obligations hereunder.
6.If any term,covenant,condition or provision in this Agreement,or the application
thereof to any person or circumstance,shall to any extent be held by a court of competent
jurisdiction to be invalid,void,or unenforceable,the remainder of the terms, covenants,
conditions,or provisions of this Agreement,or the application thereof to any person or
2
11244-0001\1345455v3.doc
RDA C-6
Thomas D.Long
Chairman
circumstances,shall remain in full force and effect and shall in no way be affected,impaired or
invalidated thereby.
7.Except as otherwise provided herein,the provisions of this Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective successors,legal
representatives,and assigns.
8.No modifications or amendments hereof shall be effective unless made in writing
and executed by both parties hereto.
9.This Agreement shall be interpreted and enforced in accordance with the laws of
the State of California.
10.This Agreement may be executed in counterparts,each of which shall be deemed
an original,and all of which,taken together,shall constitute one and the same instrument.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the
date first written above.
RANCHO PALOS VERDES
REDEVELOPMENT AGENCY
By:_
Print Name:
Title:
ATTEST:
Thomas D.Long
Mayor
Secretary
ATTEST:
City Clerk
11244-0001\1345455v3.doc
CITY OF RANCHO PALOS VERDES
By:_
Print Name:
Title:
3
RDA C-7
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 ofSigner(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.
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.
Place Notary Seal and/or Stamp Above
State of California
County of Los Angeles
City of Rancho Palos Verdes
)
)
)
Signature of Notary Public
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.
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.
Place Notary Seal and/or Stamp Above
I 1244-0001\1345455v3.doc
Signature of Notary Public
RDA C-8
EXHIBIT A
DESCRIPTION OF THE PROPERTY
The property referred to in this Maintenance Easement Agreement is described as follows:
Lot 1 of Parcel Map No.17161,in the City of Rancho Palos Verdes,in the County of Los
Angeles,State of California,as per Map filed in Book 192,Pages 91 through 94,inclusive,of
Parcel Maps,in the Office of the County Recorder of said County.
11244-0001 \1345455v3.doc RDA C-9
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the easement created in favor of the City of Rancho Palos Verdes
(the "City")under that certain Maintenance Easement Agreement,dated as of ,
2011,by and between the Rancho Palos Verdes Redevelopment Agency and the City,is hereby
accepted by the City Manager on behalf ofthe City pursuant to the authority conferred by
Resolution No.ofthe City Council of the City,adopted on ,2011,
and the City,as the grantee,consents to recordation thereof by the City Manager.
Dated:,'2011
CITY OF RANCHO PALOS VERDES
By:
Print Name:...:::C:::.::ar~o:::.=l~yn",,-,,=L,,-=e~hr:::.--_
Title:--"C=i""'tyt....;M=an=al:lCge=r'--_
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On before me,
Date -------=-In-sert-N:-:a-m-e-an--:-d-=Tl:-:-·tle-o-:-f-:-the~O=:-;f:::-fic-er----
personally appeared ,who proved to me on the basis of
Name ofSigner(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.
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.
Place Notary Seal and/or Stamp Above
11244-0001 \1345455v3.doc
Signature of Notary Public
RDA C-10