RPVCCA_SR_2010_10_05_09_License_Agreement_for_Trail_Easement_at_Ocean_Terrace_DriveCrrvOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY ~Ir6PMENT DIRECTOR
OCTOBER 5,201 0 ~'"
LICENSE AGREEMENT FOR A TRAIL EASEMENT AT
OCEAN TERRACE DRIVE
CAROLYN LEHR,CITY MANAGER
Eduardo Schonborn,AICP,Senior Planne
RECOMMENDATION
Approve a license agreement that would allow limited landscaping and a fence/wall up to a
maximum height of 6-feet within the portion of the City's trail easement that is not being
used by the public for trail purposes on the property located at 6270 Ocean Terrace Drive.
BACKGROUND
On December 31,2009,the City acquired the 191-acre Upper Filiorum property.The
Filiorum property is bounded by a residential tract (Tract No.31617)to the north,where the
majority of residences take access via Ocean Terrace Drive.Tract Map No.31617 was
approved by the City and subsequently was recorded in 1977.The recorded tract map
identifies an "easement to the City of Rancho Palos Verdes for trail purposes",over the
westerly portion of the property at 6270 Ocean Terrace Drive ("the subject property")and
along the rear property line of several properties within this Tract that abut the Filiorum
property,including the subject property.
Mr.Minaz Ahamed,the owner of the subject property,submitted a tract amendment
request in June 2010 requesting that the City vacate the recorded 15-foot wide trail
easement along the rear of his property.The reason for Mr.Ahamed's request is that the
trail easement along his property is no longer needed,since the trail connection from the
McBride Trail (the trail along the rear of the properties in Tract 31617)to the City's NCCP
Nature Preserve is provided via the recently acquired Upper Filiorum property which the
City now owns.Mr.Ahamed's property is part of Tract No.31617 and is located at the end
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License Agreement for easement at Ocean Terrace Drive
October 5.2010
of the Ocean Terrace Drive cul-de-sac.Mr.Ahamed's request is a result of his desire to
landscape the area behind his house, which has not been improved since construction of
the residence was completed in 2004.Mr.Ahamed also desires to permanently enclose
his rear yard area with a decorative fence orwall,which up to now has been enclosed with
an unattractive chain link fence.
After reviewing the request,Staff and the property owner met to discuss the proposed trail
vacation.As a result,it was determined that a tract amendment may not be the best
avenue to pursue;Staff had raised concerns whether Staff would support vacation of the
trail easement,as future trail needs may change.As such,it was determined that a
revocable license agreement would be the appropriate document to pursue Mr.Ahamed's
request;and is therefore the subject of this report.
DISCUSSION
The subject property contains a dedicated trail easement to accommodate the McBride
Trail.This dedicated trail easement resulted from a condition of approval of Tract 31617.
The trail easement extends from the end of the cul-de-sac at Ocean Terrace Drive at the
front property line of the subject property,then west down the hill along the side property
line of the subject property,then along the southern rear property line that is adjacent to
the Upper Filiorum property (see attached map).
Although the trail easement is recorded,the portion of the actual trail path that is used by .
the public is not located within the recorded trail easement along the rear property line of
the subject property.Due to the steep topography on a potion of the site,prior to
construction of the residence on the subject property in 1999,trail users would cut across
the flat portion of Mr.Ahamed's property (outside of the easement)to gain access to the
McBride Trail.When construction of the residence commenced,trail users entering the
McBride Trailhead at the end of Ocean Terrace Drive continued west down the hill along
the side property line,continued along to the southwest corner of the subject property,and
onto the Upper Filiorum property to the south that was previously owned by York Long
Point Associates (YLPA)and is now owned by the City.The physical trail then goes uphill
on the Upper Filiorum property adjacent to the subject property to access and continue
within the McBride Trail easement along the rear of the Ocean Terrace Drive properties
east of the subject property (see attached aerial photograph).This route avoids a steep
incline that is within the recorded trail easement on the subject property.
Because of the topography,the actual physical trail continues to be located to the south of
the rear property line of the subject property on the City's Upper Filiorum property,and is
not within the recorded trail easement on Mr.Ahamed's property.In the past,Staff has
reviewed the site conditions to determine if the physical trail should be relocated to be
wholly contained within the established trail easement along Mr.Ahamed's southern rear
property line.Although relocation to the easement is possible,due to topographic
conditions,re-aligning the trail would require extensive improvements,which would include
grading to minimize the steepness of the area,retaining walls to buttress the area,and
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License Agreement for easement at Ocean Terrace Drive
October 5.2010
perhaps a staircase and handrail to provide for adequate ascent and descent by the trail
users within the constraints of the easement.Staff believes that these improvements
would detract from the natural trail experience and,accordingly,that the location of the
existing physical trail on the City's Filiorum property (as part of the City Council approved
Preserve Trails Plan)provides for a better,more natural,trail experience.
Thus,it is Staff's opinion that currently there is no reason to move the physical trail into the
easement along Mr.Ahamed's southern property line abutting the City's Filiorum property.
Nonetheless,in case a need arises in the future to move the trail back into the existing
easement along the rear property line,Staff believes that the easement should be retained
by the City.However,Staff recommends that approval be given to the property owner to
allow certain limited improvements in the trail easement area to improve the privacy of the
occupants of the subject property and the experience of the trail users,such as
landscaping/foliage and a fence or wall up to a maximum height of 6-feet as measured
from lowest adjacent grade to the top of the landscaping/foliage,fence or wall.
To memorialize the limited improvements proposed to be allowed within the easement
area,the City Attorney has drafted a license agreement that specifies the improvements
that can be located within the easement area.Further,through this revocable license
agreement,the City retains the easement and the agreement does not result in
abandonment of the easement by the City.Thus,if there ever is a future need to relocate
the physical trail from the City's Filiorum property back into the trail easement,then the City
would continue to have that option available.
FISCAL IMPACT
There will be no fiscal impact since a trust deposit is on file to pay for the City Attorney's
time.
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the City
Council's consideration:
1.Identify any issues of concern and continue approval of the License Agreement to a
future meeting to allow the City Attorney to address the issues;or,
2.Recommend that the City not pursue a License Agreement with the property owner.
Attachments:
•Draft License Agreement
•Tract Map and aerial photographs illustrating subject property and area to be part of
License Agreement
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DRAFT LICENSE AGREEMENT
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (the "License")is dated as of ,2OlO,arrl
is entered into by and between the CITY OF RANCHO PALOS VERDES,a municipal corporation
("Licensor")and ,the owner of the property at 6270 Ocean
Terrace Drive,Rancho Palos Verdes,California ("Licensee").
WIT N E SSE T H:
WHEREAS,Licensor holds an easement for trail purposes over the real property more
particularly described on Exhibits "A"and "B",attached hereto and incorporated herein by reference
(the "License Area")
WHEREAS,Licensee has requested the right of entry upon and access to the License Area
for the purpose of enclosing the rear yard area with a decorative fence or wall and landscaping and
maintaining said improvements and landscaping in a condition that is satisfactory to Licensor
(including replacement,as necessary)at a height not to exceed six feet in height,as measured from
the lowest grade adjacent to said improvements and landscaping,at Licensor's cost (the "Work");
WHEREAS,Licensor has agreed to give Licensee,and Licensee has agreed to accept from
Licensor,a non-exclusive revocable license to enter uponthe License Area to perform and maintain
such Work;
WHEREAS,Licensor and Licensee desire to execute and enter into this License for the
purpose of setting forth their agreement with respect to Licensee's entry upon the License Area for
such purposes.
NOW,THEREFORE,Licensor and Licensee hereby agree as follows:
1.Access and Indemnity by Licensee;Termination.(a)Subject to Licensee's
compliance with the terms and provisions ofthis License,and Licensor's prior written approval of
the wall or fence and all landscaping within the License Area,Licensee shall have the right to enter
upon the Land for the purpose of performing the Work from the date hereof until such right is
revoked by Licensor under Section 1(b)below.
(b)Licensor may revoke such right upon thirty days'prior written notice to
Licensee addressed to Licensee at the address opposite Licensee's signature at the end of this
License.Such notice shall be given in accordance with Section 5 below.
(c)Upon delivery by Licensor of a revocation notice to Licensee,Licensee shall,
at Licensee's cost,diligently remove all ofthe improvements and landscaping erected or planted by
Licensee within the License Area and restore the License Area to its prior condition to the
satisfaction of Licensor.
(d)Licensee shall indemnify,defend and hold Licensor harmless from and against
any and all claims,liens,liabilities,damages,losses,costs and expenses of any kind or nature
whatsoever (including,without limitation,attorneys'fees and expenses and court costs)
("collectively "Claims")suffered,incurred or sustained by Licensor as a result of,by reason of,or in
R6876-0001\1287819v2.doc 1 9-5
connection with Licensee's:(i)entering the License Area;(ii)perfonning the Work;(iii)removing
the improvements and landscaping and restoring the License Area under Section 1(b)above;and
(iv)any acts and omissions ofLicense on or about the License Area.This Section 1(d)shall survive
the tennination ofthis License.
2.Maintenance.Licensee shall at all times maintain the improvements and landscaping
and License Area at Licensee's sole cost:(i)in accordance with all applicable laws;(ii)as directed in
writing by the Community Development Director;and (iii)otherwise in good condition.
3.No Assignment.Licensee may not assign or encumber this License or pennit anyone
other than Licensee to exercise the rights given under this License.
4.No Conveyance.Licensor does not hereby convey to Licensee any right,title or
interest in or to the License Area,but merely grants the specific contractual rights and privileges set
forth herein.
5.Notices.Whenever any notice,demand,or request is delivered under orin connection
with this License,such notice,demand,or request shall be in writing and shall be delivered by hand;
registered or certified mail,postage prepaid,return receipt requested;or nationally recognized
commercial courier for next business day delivery,to the addresses set forth below the respective
executions ofthe parties hereof,or to such other addresses as are specified by written notice given in
accordance herewith.All notices,demands,or requests delivered by hand shall be deemed given
upon the date so delivered;those given by mailing as hereinabove provided shall be deemed given on
the date of deposit in the United States Mail;those given by commercial courier as hereinabove
provided shall be deemed given on the date that is one (1)day after deposit with the commercial
courier.Any notice,demand,or request not received because ofchanged address ofwhich no notice
was given as hereinabove provided or because ofrefusal to accept delivery shall be deemed received
by the party to whom addressed on the date ofhand delivery,on the date of facsimile transmittal,on
the first calendar day after deposit with commercial courier,or on the third calendar day following
deposit in the United States Mail,as the case may be.
6.Governing Law.This License shall be construed,enforced and interpreted in
accordance with the laws of the State of California.
7.Counterparts.This License maybe executed in several counterparts,each ofwhich
shall be deemed an original,and all of such counterparts together shall constitute one and the same
instrument.
8.No Recording ofLicense or Memorandum ofLicense.In no event shall this License
or any memorandum hereof be recorded in the Official Records ofLos Angeles County,California,
and any such recordation or attempted recordation shall constitute a breach of this License by the
party responsible for such recordation or attempted recordation.
9.Compliance with Law.All work shall be perfonned in compliance with applicable
law.
R6876-000 I \1287819v2.doc 2 9-6
IN WITNESS WHEREOF,Licensor and Licensee have caused this License to be executed
and delivered as of the day and year first written above.
LICENSOR:
Address for notices:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Attn:Community Development Director
LICENSEE:
Licensee address for notices:
R6876-000 1\1287819v2.doc 3
CITY OF RANCHO PALOS VERDES,
a municipal corporation
By:_
Print Name:-----------Title:_
ATTEST:
City Clerk
APPROVED AS TO FORM:
Richards,Watson &Gershon,
a professional corporation
By:_
Carol Lynch,City Attorney
9-7
EXHIBIT “A”
NARRATIVE DESCRIPTION OF LICENSE AREA
(Attached.)
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EXHIBIT "A"
BEING A PORTION OF THAT CERTAIN EASEMENT OF THE CITY OF RANCHO PALOS
VERDES FOR TRAIL PURPOSES WITHIN LOT 20,TRACT NO.31617,IN THE CITY OF
RANCHO PALOS VERDES,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,AS
RECORDED IN BOOK 888,PAGES 4 THROUGH 8,INCLUSIVE,OF MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY,DESDCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 20;THENCE N 09°29'30"W
ALONG THE EASTERLY LINE OF SAID LOT 20 A DISTANCE OF 15 FEET;THENCE S
80°30'30"W A DISTANCE OF 150 FEET;THENCE S 09°29'30"E A DISTANCE OF 15 FEET
TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 20;THENCE N 80°30'30 E ALONG
THE SOUTHERLY LINE OF SAID LOT 20 A DISTANCE OF 150 FEET TO THE POINT OF
BEGINNING.
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R6876-0001\1287819v2.doc 5
EXHIBIT “B”
DIAGRAM OF LICENSE AREA
(Attached.)
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TRACT MAP AND AERIAL PHOTOGRAPHS
ILLUSTRATING SUBJECT PROPERTY AND
AREA TO BE PART OF LICENSE AGREEMENT
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6270 Ocean Terrace Drive
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TRACT NO.31617
IN THE CITY OF RA~CHO PALOS VERDES
COUNTY Of LOS ANGELES,STATE ~CALIFORNIA
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