RPVCCA_SR_2011_05_03_07_Maint_Easement_Ab_CoveCrrvOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY
MAY 3,2011
ACCEPTANCE OF A MAINTENANCE EASEMENT ON
THE PARCEL OF PROPERTY THAT IS COMMONLY
REFERRED TO AS ABALONE COVE SHORELINE
PARK,WHICH IS OWNED BY THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY
CAROLYN LEHR,CITY MANAGER<§)~r ~
RECOMMENDATIONS
1)Adopt RESOLUTION NO.2011-; A RESOLUTION OF THE RANCHO PALOS
VERDES CITY COUNCIL 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 Abalone Cove Shoreline Park,which is
owned by the Rancho Palos Verdes Redevelopment Agency;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 1988,the SUbject property,Abalone Cove Shoreline Park,was conveyed by the
County of Los Angeles to the Rancho Palos Verdes Redevelopment Agency.The
State of California has established an Ecologic Reserve and an Environmentally
Sensitive Habitat Area on portions of the Property.Portions of the property are also
scheduled to be included in the City's Natural Communities Conservation Planning
(NCCP)habitat preserve.In addition,the City has operated a public park on the
Property,and there are park related facilities present on the property,such as picnic
tables,an office/guard building,lifeguard station,restrooms,and parking areas.A
portion of Palos Verdes Drive South is located adjacent to the Property.In addition,
storm drain facilities are also located on or adjacent to the Property.From time to time
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the City is required to construct,repair,or maintain these 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 operate the park and 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 construction,maintenance,mitigation or repair work that the City
may in the exercise of its discretion undertake."
Section 3 of the Agreement states that the City's easement does not alter any of the
existing designations that the State has placed on the Property:
"This Agreement is not intended,nor shall it be construed,to limit any existing
right,interest or designation that the State of California has previously
established with respect to portions of the Property,including the establishment
of an Ecological Reserve or an Environmentally Sensitive Habitat Area."
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 operates and maintains the park facilities on the Property 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
1351287-1
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RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AUTHORIZING THE
CITY'S ACCEPTANCE OF A MAINTENANCE EA~EMENT
AGREEMENT REGARDING PROPERTY OWNED BY THE
RANCHO PALOS VERDES REDEVELOPMENT AGENCY
WHEREAS,in 1988,the subject property,which is commonly referred to as
Abalone Cove Shoreline Park ("Property"),was conveyed by Los Angeles County to the
Rancho Palos Verdes Redevelopment Agency ("Agency");and,
WHEREAS,he State of California has established an Ecologic Reserve and an
Environmentally Sensitive Habitat Area on portions of the Property;and
WHEREAS,the City of Rancho Palos Verdes has been operating a park on the
Property and constructing and maintaining its park improvements,such as picnic tables,
restrooms,office/guard bUilding,parking areas and roadway;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
operate the park and 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
scope of any construction,maintenance,mitigation or repair work that the City
may in the exercise of its discretion undertake."
R6876-0001 \1346938vl
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Section 4.That the City Council acknowledges the Agreement does not does
not alter any of the existing designations that the State has placed on the Property:
"This Agreement is not intended,nor shall it be construed,to limit any existing
right,interest or designation that the State of California has previously
established with respect to portions of the Property,including the establishment
of an Ecological Reserve or an Environmentally Sensitive Habitat Area."
Section 5.That the City Council authorizes the Mayor to execute the
Agreement on behalf of the City.
Section 6.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 7.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 May 3,2011.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby
certify that the above Resolution No.2011-_was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on May 3,2011.
City Clerk
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Project Name:Abalone Cove Shoreline Park
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 THIS LINE FOR RECORDER'S USE
Exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383
The undersigned grantor(s)dec1are(s):
Documentary transfer tax is $O.OQ
( )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
This Maintenance Easement Agreement (this "Agreement")is entered into as of the 3rd
day of May,2011 ("Effective Date"),by and between the 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 the 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 commonly
known as Abalone Cove Shoreline Park and is more fully described in the attached Exhibit A
(the "Property").The County of Los Angeles conveyed the Property to the Agency in 1988.
B.City-operated park facilities and appurtenant structures (including,among others,
picnic tables,restrooms,fencing,a scenic overlook,playground equipment,an office/guard
building,a roadway,parking lots and a lifeguard station)have been constructed and installed by
City on the Property.
C.Other City infrastructure and facilities,including a public street and drainage
facilities,and sanitary sewer lines are also located on and immediately adjacent to the Property.
D.From time to time,the Property may be subject to landslide activity,subsidence
and beach erosion.
11244-0001\1349481 v2.doc
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E.The Agency desires to grant the City an easement in perpetuity on,in,over and
across the Property for (i)operation of the park facilities and related appurtenant structures on
the Property,(ii)construction,maintenance or repair of City infrastructure and facilities on and
adjacent to the Property,and (iii)the prevention and mitigation of erosion,landslides and land
movement,and the repair of any damage that may result therefrom.
AGREEMENT
1.The 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 the purposes described in the recitals of this Agreement,including
but not limited to,the following:
a.Operation of the park facilities and related appurtenant structures on the
Property;
b.Construction,maintenance or repair of public facilities,including but not
limited to roads,sewers,drainage facilities and water distribution lines;
c.Grading;and
d.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 construction,maintenance,
mitigation or repair work that the City may in the exercise of its discretion undertake.
3.This Agreement is not intended,nor shall it be construed,to limit any existing
right,interest or designation that the State of California has previously established with respect
to portions of the Property,including the establishment of an Ecological Reserve or an
Environmentally Sensitive Habitat Area.
4.This Agreement is not intended,nor shall it be construed,to limit any right or
interest that the City has previously acquired with respect to the Property.
5.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 of the City.
11244-0001\1349481 v2.doc 2
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6.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 of the Property.
7.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.
8.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
circumstances,shall remain in full force and effect and shall in no way be affected,impaired or
invalidated thereby.
9.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.
10.No modifications or amendments hereof shall be effective unless made in writing
and executed by both parties hereto.
11.This Agreement shall be interpreted and enforced in accordance with the laws of
the State of California.
12.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.
[Remainder of Page Intentionally Left Blank]
11244-0001\1349481 v2.doc 3
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IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the
date first written above.
RANCHO PALOS VERDES
REDEVELOPMENT AGENCY
By:_
Print Name:Thomas D.Long
Title:Chairman
ATTEST:
Secretary
CITY OF RANCHO PALOS VERDES
By:_
Print Name:Thomas D.Long
Title:Mayor
ATTEST:
City Clerk
11244-0001 \1349481 v2.doc 4
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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
11244-0001 \1349481 v2.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:
Parcel A:
That portion of Lot H,Rancho Los Palos Verdes,in the City of Rancho Palos Verdes,County of
Los Angeles,State of California,as shown on partition map filed in Case No.2373 of the
District Court of the 17th Judicial District of the State of California in and for the County of Los
Angeles,within the following described boundaries:
Beginning at a point in the 925 foot radius curve in the southwesterly boundary of that certain
100 foot strip of land described in Parcel A of deed to County of Los Angeles,for Palos Verdes
Drive South,recorded as Document No.3469,on December 23,1952,in Book 40587,page 284,
of Official Records,in the office of the Registrar-Recorder of said County,distant southeasterly
along said curve 151.82 feet from the northwesterly terminus thereof,a radial of said curve
to said point bears South 56°31'30"West;thence South 56°31'30"West 132.17 feet;thence
North 87°53'30"West 38.43 feet;thence North 31 °05'00"West 12.22 feet;thence North
7°26'00"East 51.90 feet;thence North 12°25'00"West 38.20 feet;thence North 26°13'30"West
128.70 feet;thence North 49°52'30"West 33.80 feet;thence North 64°13'20"West 91.90 feet;
thence South 28°55'00"West 39.10 feet;thence South 2°05'00"East 73.60 feet;thence South
27°36'00"West 24.60 feet;thence South 55°57'00"West 27.70 feet;thence North 88°36'00"
West 24.40 feet;thence North 68°45'00"West 23.40 feet;thence North 57°56'00"West 44.70
feet;thence North 50°31'30"West 69.00 feet;thence North 80°17'30"West 32.90 feet;thence
South 56°37'30"West 19.80 feet;thence South 25°13'00"West 17.20 feet;thence North
64°48'30"West 19.06 feet;thence North 10°39'15"West 54.24 feet to the northerly boundary of
that certain parcel of land described in deed to Edward W.Harden et ux,recorded as Document
No.1514,on December 2,1938,in Book 16254,page 142,of said Official Records;thence
along the northerly,northeasterly and northwesterly boundaries of said certain parcel of land the
following described courses:South 79°20'45"West 130.47 feet;thence North 64°44'55"West
85.67 feet;thence South 46°27'50"West 274.38 feet to the Mean High Tide Line of the Pacific
Ocean;thence in a general southeasterly direction along said Mean High Tide Line to the
westerly boundary of that certain parcel of land described in deed to Palos Verdes Corporation,
recorded as Document No.1292,on July 18,1941,in Book 18518,page 280,of said Official
Records;thence along said westerly boundary the following described courses:North 5°21'50"
East 523.32 feet;thence North 3°54'50"East 310.05 feet;thence North 3°27'45"West 253.86
feet to the southeasterly comer of Parcel 126,as shown on Los Angeles County Assessor's Map
No.51,filed in Book 1,page 1,of Assessor's Maps,in the office of said Registrar-Recorder;
thence northwesterly,northerly,southwesterly and westerly along the northeasterly,easterly,
northwesterly and northerly boundaries of said last mentioned parcel to the northerly boundary
of said first mentioned certain parcel of land;thence westerly along said last mentioned northerly
boundary to the most southerly comer of Parcel 110,as shown on said last mentioned map;
thence northerly,westerly and northwesterly along the easterly,northerly and northeasterly
II244-000I\134948Iv2.doc Exhibit A-I 7-10
boundaries of said last mentioned parcel to the northeasterly prolongation of said course of South
56°31'30"West 132.17 feet;thence South 56°31'30"West along said northeasterly prolongation
to the point of beginning.
Parcel B:
That portion of Lot H,Rancho Palos Verdes,in the City of Rancho Palos Verdes,County of Los
Angeles,State of California,as shown on partition map filed in Case No.2373 of the District
Court of the 17th Judicial District of the State of California in and for the County of Los
Angeles,within the following described boundaries:
Beginning at the intersection of the northeasterly boundary of Parcel 110,as shown on Los
Angeles County Assessor's Map No.51,filed in Book 1,page 1,of Assessor's Maps,in the
office of the Registrar-Recorder of the County of Los Angeles,with the easterly prolongation of
that certain course of South 73°25'50"West 87.15 feet in the southerly boundary of that certain
parcel ofland described as Parcell in deed to Filiorum Corporation,recorded as Document No.
1258,on August 15,1930,in Book 10226,page 170,of Official Records,in the office of said
Registrar-Recorder;thence South 73°25'50"West along said easterly prolongation and said
certain course to the westerly terminus thereof;thence continuing along the southerly,
southeasterly and southwesterly boundaries of said Parcell,the following described courses:
South 60°15'25"West 88.62 feet;thence South 40°07'00"West 99.36 feet;thence South
79°20'45"West 259.39 feet;thence North 64°44'55"West 85.67 feet;thence South 46°27'50"
West 274.38 feet to the Mean High Tide Line of the Pacific Ocean;thence in a general
northwesterly direction along said Mean High Tide Line to that certain course of North
11 °51'30"West 298.68 feet in the westerly boundary of said Parcell;thence northerly along
said last mentioned certain course to the northerly terminus thereof;thence continuing along said
westerly boundary North 4°49'30"West 158.02 feet to the southerly comer of that certain parcel
of land described in deed to Filiorum Corporation,recorded as Document No.1006,on
September 17,1959,in Book D604,page 844,of said Official Records;thence North 41 °39'58"
West along the southwesterly line of said last mentioned certain parcel ofland 329.54 feet to the
southeasterly boundary of Sea Coast Drive,as shown on map of Tract No.14649,filed in Book
345,pages 23 to 26 inclusive,of Maps,in the office of said Registrar-Recorder;thence
northeasterly,northerly and easterly along said Sea Coast Drive to that certain 1946.65 foot
radius curve in the southerly boundary of Palos Verdes Drive South,as shown on said last
mentioned map;thence northerly along a prolonged radial of said certain curve to the
northwesterly continuation of that certain 1975 foot radius curve in said northeasterly boundary
of Parcel 110;thence southeasterly along said northwesterly continuation to the northwesterly
terminus of said last mentioned certain curve;thence southeasterly and easterly along the
northeasterly and northerly boundaries of said Parcel 110,to the point of beginning.
11244-0001 \1349481 v2.doc Exhibit A-2
7-11
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 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:."l.yn=..=L=e=hr"'--_
Title:--==C~ity~M~an~a~g~e~r _
State of California )
County of Los Angeles )
City of Rancho Palos Verdes )
On before me,----------::-=-:-:---:-:c::------
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
11244-0001\1349481 v2.doc
Signature of Notary Public
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