RPVCCA_SR_2011_04_19_14_Maint_Agmt_Eastment_Port_Bend_landslideCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY (y.0-
APRIL 19,2011
ACCEPTANCE 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,CITY MANAGERc9--
RECOMMENDATIONS
1.Adopt Resolution No.2011-_,a resolution of the City Council of the City of
Rancho Palos Verdes,authorizing the City's acceptance of a maintenance
easement agreement regarding property owned by the Rancho Palos Verdes
Redevelopment Agency;
2.Authorize the City's acceptance of 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;
3.Authorize the Mayor to execute the maintenance easement agreement on behalf
of the City;and,
4.Authorize the City Manager to execute the certificate of acceptance on behalf of
the City.
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.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 storm drainage facilities are also
located on the Property.From time to time the City is required to maintain these
facilities,in addition to maintenance that is performed by the Agency on the land itself,
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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."
The City Attorney recommends that the City Council approve the attached resolution
and authorize the City's acceptance of the attached maintenance easement agreement
over the Property to memorialize the existing arrangement between the City and the
Agency and authorize the Mayor to execute the maintenance easement and the City
Manager to execute the certificate of acceptance on behalf of the City.
FISCAL IMPACT
There is no fiscal impact arising from the acceptance of this maintenance easement.
The City already maintains Palos Verdes Drive South and has a budget for that
purpose.Accepting this maintenance easement does not alter the City's existing
financial commitment or create or expand the City's maintenance obligations.
ATTACHMENTS
•Draft City Council Resolution No.2011-_
•Draft Maintenance Easement Agreement
1346901-1 14-2
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES,CALIFORNIA
AUTHORIZING THE CITY'S ACCEPTANCE OF A
MAINTENANCE EASEMENT AGREEMENT REGARDING
PROPERTY OWNED BY THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY.
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 City now wishes to enter into a maintenance easement
agreement memorializing the existing arrangement between the City and the Agency.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,CALIFORNIA 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 City Council,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 City Council 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
R6876-0001 \1346938vl
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scope of any maintenance,prevention,mitigation or repair work that the City may
in the exercise of its discretion undertake."
Section 4.That the City Council authorizes the Mayor to execute the
Agreement on behalf of the City.
Section 5.That the City Council authorizes the City Manager to execute the
certificate of acceptance on behalf of the City and to cause the Agreement to be
recorded.
Section 6.That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original City Resolutions.
PASSED,APPROVED AND ADOPTED ON April 19,2011.
Mayor
Attest:
City Clerk
State of California )
Cou nty 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.2011-_was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on April 19,2011.
City Clerk
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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
MAll,TAX EXEMPT STATEMENTS TO:
EXEMPT
SPACE ABOVE TillS LINE FOR RECORDER'S USE
Exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383
The undersigned grantor(s)dec1are(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 I -Palos Verdes
Drive South
This Maintenance Easement Agreement (this "Agreement")is entered into as ofthe
_________,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\l345455v3.doc
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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 of this 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 of the 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
thereofto 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
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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 maybe 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 ofthe
date first written above.
RANCHO PALOS VERDES
REDEVELOPMENT AGENCY
By:_
Print Name:
Title:
ATTEST:
Thomas D.Long
Mayor
Secretary
ATTEST:
City Clerk
11244-0001\l345455v3.doc
CITY OF RANCHO PALOS VERDES
By:_
Print Name:
Title:
3
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State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On before me,----------:-:::cc-:---:-:--::-:-::------
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 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 ofthe 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
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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 ofthe County Recorder of said County.
11244-0001 \1345455v3.doc
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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 of the City pursuant to the authority conferred by
Resolution No.of the City Council ofthe 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'-Lyn=-"=L=e~hr:::..-_
Title:--=C=i.=.,.ty<-;M=an=ao.ge=r'--_
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On before me,....,..-_
Date Insert Name and Title of the Officer
personally appeared ,who proved to me on the basis of
Name of Signer(s)
satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted,executed the instrument.
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
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