CC SR 20180417 D - Sunnyside Ridge Deed01203.0001/459066.1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/17/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve the recordation of a Use Covenant and
Restriction Running with the Land (i.e. deed restriction) on the Sunnyside Ridge Road
Trail Segment as required by the Los Angeles County Regional Park and Open Space
District.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor and the City Clerk to execute the Use Covenant and
Restriction Running with the Land for the Sunnyside Ridge Road Trail Segment
for recordation with the County Recorder’s Office.
FISCAL IMPACT: There is no fiscal impact associate the recordation of this deed
restriction. Upon recordation of the deed restriction, the County will close out the grant
and the City will receive the 10% grant retention of $30,000.
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Use Covenant and Restriction Running with the Land (i.e. deed restriction)
for the Sunnyside Ridge Trail Segment (page A-1)
B. Sunnyside Ridge Trail Segment Improvement Illustration (page B-1)
EXECUTIVE SUMMARY:
The recordation of a Use Covenant and Restriction Running with the Land (i.e. deed
restriction) on the Sunnyside Ridge Road Trail Segment will allow for the closure of the
grant and for the City to receive $30,000 in grant retention.
BACKGROUND AND DISCUSSION:
On May 20, 2014, City Council approved a competitive grant for $300,000 from the Los
Angeles County Regional Park and Open Space District (District) for the Sunnyside
Ridge Trail Segment Improvement project. The project was awarded November 2015.
The completed project consisted of development of a new trail that included the
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installation of a retaining wall, storm drain lines, and trail heads; shrub clearance along
unimproved trail and turnaround areas, and related trail improvements and trail signage.
The Notice of Completion for the project was approved by the City Council on June 20,
2017.
The total project cost was approximately $576,930, which included design, geotechnical
and structural engineering, inspection, construction management and construction. To
date, the County has reimbursed the City for 90% of the grant, or $270,000. The
District requires the recordation of a Use Covenant and Restriction Running with the
Land (i.e. deed restriction) (Attachment A) to ensure that the property is used for a
purpose consistent with the grant scope and that it will be maintained as such in
perpetuity. This also allows for grant closeout and the release of the grant’s 10%
retention to the City in the amount of $30,000.
The City Attorney’s office has reviewed the attached Use Covenant and Restriction
Running with the Land (i.e. deed restriction) and has found it acceptable for recordation.
ALTERNATIVE S:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Take other action as deemed appropriate by the City Council.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Los Angeles County Regional Park and
Open Space District
1000 S. Fremont Ave., Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
Attention: Administration Section
WITH A COPY TO:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attention: City Clerk
SPACE ABOVE FOR RECORDER’S USE
ONLY]
SPACE ABOVE FOR RECORDER’S USE ONLY]
Exempt from filing/recording fees per Govt. Code §27383
USE COVENANT AND RESTRICTION RUNNING WITH THE LAND
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Los Angeles County Regional Park
& Open Space District
1000 S. Fremont Ave., Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
Attn: Administration Section
WITH A COPY TO:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attention: City Clerk
___________________________________________________________________
SPACE ABOVE FOR RECORDER’S USE ONLY]
Exempt from filing/recording fees per Govt. Code §27383
USE COVENANT AND RESTRICTION RUNNING WITH THE LAND
This Use Covenant and Restriction Running with the Land (“Covenant
Agreement”) is made this ______ day of ___________, 2018 (“Agreement Date”) by
and between the City of Rancho Palos Verdes, a municipal corporation (“City”) and the
Los Angeles County Regional Park and Open Space District, a public agency of the
County of Los Angeles created and existing under the authority of Section 5506.9 et seq.
of the California Public Resources Code (“District”).
RECITALS:
A. City owns an easement on that certain real property generally located between
2477 Sunnyside Ridge Road and 2443 Sunnyside Ridge Road in the City of
Rancho Palos Verdes, County of Los Angeles, State of California and legally
described in Exhibit A-1 and depicted in Exhibit B, both Exhibits being attached
and incorporated herein by reference (“Sunnyside Ridge Trail Segment”). The
Sunnyside Ridge Trail Segment is located on a portion of the legal parcel
described in Exhibit A-2.
B. In September 2013, City applied to District for grant funds available pursuant to
2013 Competitive Trail Grant Program (“Grant Program”) offered by Supervisor
Knabe’s office.
C. On March 4, 2014, District approved Grant No. 58H4-14-2423 in the amount of
Three Hundred Thousand Dollars ($300,000) for the improvement of the
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Sunnyside Ridge Trail Segment (“Grant”) once being extended through 2017 by
Project Agreement V-16 dated January 11, 2016 between the City and District
(“Grant Agreement”). A copy of the Grant Agreement is available upon request at
both the City’s offices and the District’s offices.
D. As a condition for providing funds, the Grant Program requires certain restrictions
be imposed on the Sunnyside Ridge Trail Segment pursuant to this Covenant
Agreement. But for the imposition of the restrictions in this Covenant Agreement,
the Grant would not be consistent with the public purposes of the Gran t Program,
and the Grant funds would not have been granted.
E. City has elected to enter into this Covenant Agreement consistent with its
obligations under the Grant Agreement and to be able to receive the Grant and
improve the Sunnyside Ridge Trail Segment.
NOW, THEREFORE, in inconsideration of the award of the Grant by District, City
irrevocably covenants with District to use the Sunnyside Ridge Trail Segment in
compliance with the terms of this Covenant Agreement, which shall constituted
covenants, conditions, and restrictions, which shall run with the land.
1. GRANT. City has and shall use the Grant funds to improve the Sunnyside Ridge
Trail Segment in accordance with the Grant Agreement.
2. USE. City covenants and agrees to use and maintain the Sunnyside Ridge Trail
Segment solely as open space for the period specified in Section 3.
3. DURATION. This Covenant Agreement shall remain in full force and effect and
shall bind City, its assigns, and successors-in-interest in perpetuity except as
otherwise provided by the Grant Program and the Grant Agreement.
4. TAXES AND ASSESSMENTS. This Covenant Agreement is irrevocable and shall
constitute an enforceable restriction within the meaning of (a) Article XIII, Section
8 of the California Constitution, and (b) Section 402(i) of the California Revenue
and Taxation Code or successor statute. Furth ermore, this Covenant Agreement
shall be deemed to constitute a servitude upon and burden to the Sunnyside Ridge
Trail Segment within the meaning of Section 3712(d) of the California Revenue
and Taxation Code, or successor statute, which survives a sale of tax-deeded
property.
5. RIGHT OF ENTRY. Employees or agents of District may enter onto the Sunnyside
Ridge Trail Segment at reasonable times after written notice to City to ascertain
compliance with this Covenant Agreement.
6. REMEDIES. Any act, conveyance, contract, or authorization by City whether
written or oral which uses or would cause to be used or would permit use of the
Sunnyside Ridge Trail Segment contrary to the terms of this Covenant Agreement
will be deemed a violation and a breach of this Covenant Agreement. District may
pursue any and all available legal and/or equitable remedies to enforce the terms
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and conditions of this Covenant Agreement. In the event of a breach, any
forbearance on the part of District to enforce the terms and provisions hereof shall
not be deemed a waiver of enforcement rights regarding any subsequent breach.
7. SEVERABILITY. If any covenant in this Covenant Agreement is held to be invalid,
or for any reason becomes unenforceable, no other provision shall be affected or
impaired.
8. INTERPRETATION; GOVERNING LAW. This Covenant Agreement shall be
construed according to its fair meaning and as if prepared by both parties. This
Covenant Agreement shall be construed in accordance with the laws of the State
of California in effect at the time of the Agreement Date.
IN WITNESS WHEREOF, the parties have caused this Covenant Agreement to be
executed on its behalf by its officers as of the Agreement Date.
DISTRICT: CITY:
LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT,
a public agency of the County of Los
Angeles
By_______________________________
Director of Community Services
CITY OF RANCHO PALOS VERDES, a
municipal corporation
By:
_______________________________
Douglas Willmore, City Manager
ATTEST:
______________________________
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ________________________
David Aleshire, City Attorney
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01203.0001/458863.1
Exhibit A-1
Legal Description of Sunnyside Ridge Trail Segment
(City Easement)
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01203.0001/458863.1
Exhibit A-2
Legal Description of the Legal Parcel (the Sunnyside Ridge
Trail Segment is located on a portion of this Legal Parcel)
APN #: 7554-015-030-08.
That certain real property located in the City of Rancho Palos Verdes, County of Los
Angeles, State of California as follows:
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01203.0001/458863.1
Exhibit B
Map of City Easement for Sunnyside Ridge Trail Segment
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01203.0001/458863.1
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _________________, 2018 before me, ___________________________, a 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.
_________________________________________
Notary Public
SEAL:
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01203.0001/458863.1
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On _________________, 2018 before me, ___________________________, a 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.
_________________________________________
Notary Public
SEAL:
A-9
Exhibit B
Map of Sunnyside Ridge Trail Segment Improvement
B-1