CC SR 20180717 I - Sunnyside Ridge Covenant and Restriction01203.0001/459066.1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/17/2018
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 associated with the recordation of this
deed restriction. Upon recordation of the deed restriction, the County will close out the
grant and the City would 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 for the Sunnyside
Ridge Trail Segment (page A-1)
B. Sunnyside Ridge Trail Easement Legal Description and Plat (page B-1)
C. Sunnyside Ridge Trail Segment Improvement Illustration (page C-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 enable the City to receive the $30,000 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 in November 2015.
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The completed project consisted of development of a new trail that included the
installation of a retaining wall, storm drain lines, trailheads, shrub clearance along the
unimproved trail and turnaround areas, and related trail improvements and trail signage
(Attachment C). 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 (i.e., for pedestrian and equestrian trail use)
and that it will be maintained by the City as such in perpetuity. This recordation also
allows for grant closeout and the release of the 10% retention to the City in the amount
of $30,000.
In April 2018, it was brought to Staff’s attention that the legal description of the City’s
easement and trail seemed inaccurate. In response, Staff requested a land surveyor
and the City Attorney’s office to review the 1998 legal descriptions of the property and
the City easement, and make corrections as needed. After careful review, it was
determined that the legal description apparently identified the entire property and had
not clearly identified the City’s easement. Hence, Staff commissioned the preparation
of a new legal description and plat (plan or map) for the City’s easement (Attachment
B).
The City Attorney’s office has reviewed the attached deed restriction and has found it to
be accurate and 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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Sunnyside Ridge Trail Easement Use Covenant
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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. Prior to 1998, the City owned an easement for Narbonne Avenue for street and
trail purposes which was originally created on Tract Map 20429 which was filed in
Book 574 at pages 31 and 32 of Maps of the County Recorder of Los Angeles
County (“Original Street Easement”).
B. In 1998 the City vacated a portion of the Original Street Easement pursuant to that
certain Resolution 98-35 of the City Council of Rancho Palos Verdes dated May
19, 1998 which was recorded on May 27, 1998 as Instrument No. 98-890918 in
the Official Records of Los Angeles County, State of California (“Partial Street
Vacation Resolution”).
C. As set forth in the Partial Street Vacation Resolution, the City specifically reserved
that portion of the Original Street Easement as set forth in Section 3 of the Street
Vacation Resolution for trail purposes (“Sunnyside Ridge Trail Easement”). The
legal description of the Sunnyside Ridge Trail Easement is set forth on attached
Exhibit A and depicted on attached Exhibit B.
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Sunnyside Ridge Trail Easement Use Covenant
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D. In September 2013, City applied to District for grant funds available pursuant to
2013 Competitive Trail Grant Program (“Grant Program”).
E. On March 4, 2014, District approved Grant No. 58H4-14-2423 in the amount of
Three Hundred Thousand Dollars ($300,000) (“Grant Funds”) to City for the
improvement of the Sunnyside Ridge Trail Easement (“Grant”) which grant was
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.
F. As a condition for providing the Grant Funds, the Grant required certain restrictions
be imposed on the Sunnyside Ridge Trail Easement pursuant to this Covenant
Agreement. Without 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.
G. City is entering into this Covenant Agreement consistent with its obligations under
the Grant Agreement and to obtain the Grant Funds to improve the Sunnyside
Ridge Trail Easement.
NOW, THEREFORE, in consideration of the award of the Grant, City irrevocably
covenants with District to use the Sunnyside Ridge Trail Easement in compliance with the
terms of this Covenant Agreement, which shall constitute covenants, conditions, and
restrictions, and which shall run with the land.
1. LIMITED TO SUNNYSIDE RIDGE TRAIL EASEMENT ONLY. This Covenant
Agreement only applies to the Sunnyside Ridge Trail Easement and no other
portion of the real property burdened by the Sunnyside Ridge Trail Easement.
2. GRANT. City has and shall use the Grant funds to improve the Sunnyside Ridge
Trail Easement in accordance with the Grant Agreement.
3. USE. City covenants and agrees to use and maintain the Sunnyside Ridge Trail
Easement solely as open space for the period specified in Section 4 below.
4. 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.
5. 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. Furthermore, this Covenant Agreement
shall be deemed to constitute a servitude upon and burden to the Sunnyside Ridge
Trail Easement 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.
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Sunnyside Ridge Trail Easement Use Covenant
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6. RIGHT OF ENTRY. Employees or agents of District may enter onto the Sunnyside
Ridge Trail Easement at reasonable times after written notice to City to ascertain
compliance with this Covenant Agreement.
7. 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 Easement 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
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.
8. SEVERABILITY. If any covenant in this Covenant Agreement is held to be invalid,
or for any reason becomes unenforceable, no other provision sh all be affected or
impaired.
9. 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
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Sunnyside Ridge Trail Easement Use Covenant
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By: ________________________
City Attorney
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Sunnyside Ridge Trail Easement Use Covenant
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Exhibit A
Legal Description of Sunnyside Ridge Trail Easement
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Sunnyside Ridge Trail Easement Use Covenant
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Sunnyside Ridge Trail Easement Use Covenant
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Exhibit B
Depiction of Sunnyside Ridge Trail Easement
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Sunnyside Ridge Trail Easement Use Covenant
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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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Sunnyside Ridge Trail Easement Use Covenant
01203.0001/458863.5
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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Sunnyside Ridge Trail Easement Use Covenant
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Map of Sunnyside Ridge Trail Segment Improvement
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