CC SR 20181016 02 - PB Deed Restriction Covenant Agreement01203.0001/507564.1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/16/2018
AGENDA REPORT AGENDA HEADING: Regular Business
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 certain open space
properties within the Palos Verdes Nature Preserve that were fully or partially acquired
utilizing Proposition A (AKA Measure A) grant funds, 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 open space properties within the Palos
Verdes Nature Preserve that were fully or partially acquired utilizing the
Proposition A (AKA Measure A) Grant Funds.
FISCAL IMPACT: There is no fiscal impact associated with the recordation of the
deed restriction. Upon recordation of the deed restriction, the County will close out the
grant and the City would receive the remaining grant retention of $5,000.
Amount Budgeted: $0
Additional Appropriation: None
Account Number(s): None
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Section of 1996 Proposition A (AKA Measure A) Bond, Providing for
Allocation of $4,000,000 to the City in Grant Funds (page A-1)
B. Sections of Proposition A and Grant Agreement Related to Public Access,
Facility Usage, Nondiscrimination (page B-1)
C. Map of 17-acre Donation (Hon) Property (page C-1)
D. Map of 29-acre Donation Filiorum (York) Property (page D-1)
E. List of Five Properties and all Grant Funding Sources (page E-1)
F. Use Covenant and Restriction Running with the Land for PB Open Space
properties, with the exception of two donation parcels (page F-1)
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EXECUTIVE SUMMARY:
Approval and recordation of the attached proposed “Use Covenant and Restriction
Running with the Land” (the “Covenant Agreement”) (Attachment F) would impose a
deed restriction on title to the Palos Verdes Nature Preserve properties that were
acquired, wholly or partially, utilizing certain grant funds, requiring the properties to be
used and maintained as open space. Doing so would fulfill the City’s legal obligations
pursuant to the underlying grant and would thereby allow for the grant to be “closed out”
by the entity that issued it, the Los Angeles County Regional Park and Open Space
District (“District”). This would enable the City to retain approximately $4,000,000 in
grant funds previously received, and receive the remaining grant retention of $5,000
from the District. This report details the acquired properties and the necessary deed
restrictions.
BACKGROUND AND DISCUSSION:
Grant Overview ($4,000,000): The County’s 1996 Proposition A (also known as
“Measure A,” and hereinafter referred to as “Prop A”) earmarked $4,000,000 in available
grant funding intended to facilitate the City’s acquisition of certain land located in the
City for preservation as open space for habitat and wildlife conservation (Attachment A).
In 2001, the District granted the $4,000,000 (“Grant Funds”) to the City pursuant to Prop
A. As intended, the funds were used by the City to acquire the 3 Sisters Property (“3
Sisters”), formerly known as the Barkentine property.
As a condition of receiving the Grant Funds, the City was required to execute a contract
(the “Grant Agreement”) whereby it agreed to certain restrictions upon the use of the
acquired land. Specifically, among other things, the City agreed: (1) to use the property
acquired using Grant Funds only for the purpose for which it requested the Grant (i.e.,
open space), and not to permit any other use of the area; (2) to maintain and operate
the property subject to the provisions of Prop A; and (3) to provide for reasonable public
access to the property, except where that access may interfere with resource protection.
The Grant Agreement does not expressly require that the properties acquired with Grant
Funds be encumbered by a recorded deed restriction such as the Covenant Agreement.
However, recordation of such a deed restriction is the only practical way to impose the
restrictions, and was likely intended by the 1996 Proposition A and the Grant
Agreement although not expressly stated. Thus, while the City may have a legal
argument that recordation of the proposed covenant agreement is not required in this
instance, recordation of such deed restrictions is a uniform practice for all grants
received under 1996 Proposition A, and the District likely will not agree to close out the
Grant, and allow the City to retain the grant funds unless and until the covenant
agreement is approved and recorded.
Acquired Properties: In 2001, the City used $3,844,087 of the $4,000,000 in Grant
Funds to acquire the 3 Sisters Property, a 98-acre undeveloped open space parcel.
Additionally, through the 1992 and 1996 Bond Acts, the City began accumulating
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maintenance and servicing funds (“Maintenance Funds”) for any Prop A-funded
acquisitions and/or projects. These Maintenance Funds help offset the City’s
expenditures related to the acquired properties and/or projects.
Subsequently, the City Council approved the use of the remaining $155,913 of Grant
Funds to offset the acquisition and related administration costs (such as survey, legal,
environmental and/or appraisal fees) related to four (4) other open space properties in
the City: Portuguese Bend Reserve, Filiorum Reserve, and Malaga Canyon North and
Malaga Canyon South (collectively the “Additional Properties”). The remaining grant
funds of $155,913 were spread among the Additional Properties to assure that all of the
properties could be eligible for Maintenance Funds. This has helped offset some of the
City’s General Fund expenditures related to open space maintenance (Attachment E).
The Additional Properties have been enrolled in the City’s Palos Verdes Nature
Preserve.
The property acquisitions, which spanned 15 years, involved five properties from
different buyers. However, the District has informed staff that it considers all five (5)
properties (the 3 Sisters Property and the Additional Properties) to be subject to the
Grant, such that it will not close out the Grant unless all the properties that received
Grant Funds are made subject to the aforementioned restrictions.
The Grant Funds were used as follows:
Preservation Properties
Acquired with Grant Funds
Grant
Funds
City Council
Review/Approved
Acquisition Date(s)
Year
Acquired
3 Sisters (former Barkentine
Property)
$3,844,087 February 2001 Aug. 2001
Portuguese Bend Reserve
(former Hon Property)
$ 140,000 July 2005 and
October 2005
Dec. 2005
Filiorum (former York/Upper
Filiorum Property)
$ 10,913 September 2009 Dec. 2009
Malaga Canyon North (former
Angeles Property)
$ 2,500* September, November
and December 2013
Feb. 2014
Malaga Canyon South (former
May Property)
$ 2,500* September, November
and December 2013
Feb. 2014
Grant Total $4,000,000
*No payment has been received to-date. This amount is held by the District as grant retention
and will be released when Council approves the attached deed restriction document for
recordation.
Grant Closeout: Staff has been working closely with District staff to close out the Grant
Agreement. However, during a visit and informal audit by the District staff of the City’s
Grant files, it was determined that the earlier acquisitions were missing recorded deed
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restrictions and, therefore, contrary to previous understanding, the requirements of the
Grant Agreement had not been satisfied and the Grant could not be closed out.
The District and the City Attorney’s Office have mutually agreed that the form of the use
restriction shall be that of the Covenant Agreement (Attachment F). The City Council’s
approval of the Covenant Agreement would enable Staff to close out the City’s
obligations under the Grant Agreement.
NCCP and Conservation Deed Restrictions: The aforementioned open space
acquisitions were approved by the City Council for the purpose of open space
preservation and are part of the City’s 1,400-acre Palos Verdes Nature Preserve
(“Preserve”). As such, they are also subject to the City’s Natural Communities
Conservation Plan/Habitat Conservation Plan (“NCCP/HCP”). Four (4) of the five (5)
properties listed above already have been made subject to recorded deed restrictions
by other agencies that have encumbered these properties with conservation restrictions,
thereby limiting the use of the properties. These deed restrictions were imposed for
open space, public access and habitat protection purposes by the various federal, state
and local agencies that provided the bulk of the funds used for the acquisitions thereof.
3 Sisters is the only parcel that currently is not subject to any deed restriction, but since
it is part of the Preserve, it will eventually have a conservation easement placed upon it
once the final NCCP/HCP is adopted by the City Council, which is anticipated to occur
in Spring 2019. 3 Sisters was acquired with 100% Grant Funds and the District,
therefore, requires the Covenant Agreement be recorded against it.
Prior City Council Discussions and Concerns: Approval of prior versions of the
Covenant Agreement has previously been presented to the City Council. However, City
Council raised some concerns, and directed Staff to take the following actions to
address them before returning to the City Council:
A) Donation Properties/Parcels: At the September 1, 2015, City Council meeting, a
question arose regarding the public donations involved in the Portuguese Bend
Reserve (Hon) property acquisition. The City Council directed Staff to investigate
the donated acreage, obtain clarification and report back. The Community
Development Department provided the following information regarding the property:
• In 2004, the City Council approved the City’s Draft NCCP/HCP. The Wildlife
Agencies agreed that one of the last steps in finalizing the NCCP/HCP would
be to record updated Conservation Easements on all of the Preserve
properties. The proposed Preserve design excluded an approximately 25-
acre “Active Recreation Area” from the Preserve.
• In 2005, the City acquired the 424-acre Portuguese Bend property from
Barry Hon, including the site of the 25-acre “Active Recreation Area”.
Because the “Active Recreation Area” identified in the NCCP/HCP was part
of the Portuguese Bend parcel, it became necessary to define and separate
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the area from the rest of the Preserve for Palos Verdes Peninsula Land
Conservancy (PVPLC) management purposes.
• The “Active Recreation Area” later became known as “Gateway Park” and
was reduced in size to 17 acres in 2014. The 17-acre area is no longer
referred to as “Gateway Park” as it is now simply City-owned open space,
similar to the City’s Archery Range property on the south side of Palos
Verdes Drive South.
In January 2017, the City commissioned a surveyor to prepare a legal description of
the land encompassing the Portuguese Bend Reserve, less the 17 acres of the
former “Active Recreation Area”, which will be subject to the deed restriction and the
NCCP/HCP conservation easement (Attachment C).
During the investigation process, Staff also identified that the 29.4-acre parcel
known as the Filiorum Reserve, donated to the City for the Preserve by Jim York,
would be encumbered with the NCCP/HCP-required conservation easement.
(Attachment D). Thus, the City’s surveyor prepared an exhibit identifying the
property boundaries of this donation parcel as well.
As directed by the City Council, and with the assistance of the surveyor, Staff has
been able to exclude both of the aforementioned donation parcels from the attached
draft Covenant Agreement. However, since the properties are part of the Preserve
(Filiorum and Portuguese Bend reserves), conservation easements will be recorded
as described above.
B) Open Space Parking and Neighborhood Impact Issues: The City Council directed
Staff to investigate whether the Grant Agreement contained provisions regarding
parking and fees, operating hours/days, charging entrance fees to the preserve, etc.
(Attachment B). Staff has received the following clarifications:
● Public Access/Operating Hours: Section 13 of Prop A requires “reasonable
public access” to lands acquired with Grant Funds “except where that access
may interfere with resource protection.” There is no specific number of hours or
days that the Preserve must remain open to the public, and therefore closing the
Preserve at night for security purposes likely does not violate the “reasonable
public access requirement.” Additionally, closing a portion of the Preserve on
certain days or times for purposes such as habitat restoration and maintenance
is acceptable, as long as the City allows “reasonable public access” when that
access does not interfere with resource protection.
• Preferential Treatment: Section 10(c) of Prop A requires that properties acquired
with Grant Funds be: “open and accessible to the public without discrimination as
to race, color, sex, physical or medical handicap . . . or place of residence, to the
extent consistent with Section 13. The recipient shall not discriminate against or
grant preferential treatment to, any person or organization seeking to use such
facility based upon the place of residence of such person or the members of such
organization.” This means that City residents should be treated equally to non-
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residents, and cannot be accorded preferential treatment regarding entry fees,
entry hours, or parking fees.
• Parking/Public Restrooms: There is no specific number of required parking spots
or public restrooms, or geographic radius of the parking areas or restrooms
stipulated in the agreement or Section 13 of Prop A. The City could charge a
parking fee, but it would have to be the same fee for everyone (i.e., no discounts
or waivers to residents versus non-residents). It also is acceptable to provide
public parking at another park (e.g., Hesse Park or City Hall) and then shuttle the
public to Preserve areas. The shuttle could be free or could have a charge.
However, any shuttle fee would have to be the same for both City residents and
non-residents.
• Entry Fees: There is no restriction on charging a fee to enter the acquired
properties in the Preserve areas. However, if there is an entrance charge, the
amount has to be the same for everyone (i.e., no discounts or waivers to
residents as opposed to non-residents).
C) Portuguese Bend Landslide/Land Flow Mitigation Efforts: The City has embarked
upon Portuguese Bend land flow mitigation efforts and is pursuing options and a
course of action(s) to reduce the land movement in that area. During the May 16,
2017, City Council meeting, a Council Member expressed concern that the deed
restriction may have stipulations that could delay or restrict the City’s current or
future planned mitigation activities or projects. To address this concern, the City
Attorney’s office drafted a provision that is now included in the Covenant Agreement
(Attachment F, Section 4). The District’s legal counsel reviewed and approved of
the provision. The Public Works Department has also reviewed the provision and
feels that it adequately addresses the above-referenced concern.
RECOMMENDATION:
Based on the foregoing, Staff recommends that the City Council authorize the Mayor to
execute the attached Covenant Agreement for recordation with Los Angeles County
Recorder’s Office. Doing so will enable the Grant to be “closed out,” satisfying a legal
obligation of the City that has existed since 2001, and will enable the City to retain
approximately $4,000,000 in grant funds, and to receive the outstanding Grant retention
of $5,000.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not approve the Covenant Agreement, and either: (i) return $4,000,000
to the District to satisfy the legal obligation; (ii) direct the City Attorney’s
office to dispute the legal obligation with the District based on the lack of
an express requirement for recordation of the deed restriction in the Grant
Agreement; or (iii) do nothing and acquiesce to being subject to an
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ongoing legal obligation to approve the Covenant Agreement in the future.
Staff does not recommend these alternatives, particularly as it pertains to
3 Sisters, as the Grant was specifically intended for its acquisition, and
$3,844,087 was used for that purpose. Additionally, since recordation of
the Covenant Agreement does not have any real adverse impact on the
City, it is not worthwhile to dispute the legal obligation.
2. Approve the Covenant Agreement for all properties other than the two (2)
Malaga Canyon properties, since no Grant Funds have been received to
date with respect to those two (2) properties. Direct Staff to request
closeout of the Grant, remove the Malaga Canyon legal descriptions from
the attached Covenant Agreement, and forego the remaining $5,000 in
Grant Funds. Staff does not recommend this alternative, as the Malaga
Canyon properties are already subject to other recorded deed restrictions,
so this Covenant Agreement is simply another layer of similar restrictions.
3. Approve the Covenant Agreement for only 3 Sisters, the acquisition of
which was funded entirely with Grant Funds (unlike the Additional
Properties) at a price of $3,844,087. By excluding the Additional
Properties, the City would be obligated to return only $150,913 in Grant
Funds: $10,913 for the Filiorum Property, and $140,000 for the
Portuguese Bend Reserve property. Direct Staff to remove the legal
descriptions of the Additional Properties from the attached Covenant
Agreement and request closeout of the Grant. Staff does not recommend
this alternative. The Additional Properties already are subject to recorded
deed restrictions required by other grant agencies, so this Covenant
Agreement is simply another layer of similar restrictions.
4. Take other action as deemed appropriate by the City Council.
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B-1
B-2
B-3
B-4
B-5
Map of Hon Property
(with Donation Parcel Outlined Within)
C-1 C-1
Enlarged Map of Donation Parcel
C-2 C-2
C-3
C-4
C-5
List of Five Acquired Properties and Funding Sources
W:\LAUREN\STAFFRPT\GRANTS\measureA\2018\PB Acquisition\Attach E list of parcels and grants for SR 2018 r.docx 10/8/2018
1) 3 Sisters:
Funding Sources Amount
Proposition A (Measure A)
$ 3,844,087
City General Funds
$ 43,067
Total Project Costs:
$ 3,887,154
2) Portuguese Bend:
Funding Sources Amount
Palos Verdes Peninsula Land Conservancy
$ 3,774,801
Ca Dept. of Parks and Recreation – Proposition 12-RZH Grant
$ 130,878
Ca Dept. of Parks and Recreation – Proposition 40-RZH Grant
$ 85,209
Ca Dept. of Parks and Recreation – Proposition 12-Per Capita
$ 47,970
Ca Dept. of Parks and Recreation – Proposition 40-Per Capita
$ 220,000
Ca Dept. of Parks and Recreation – Proposition 40-Per Capita (Via PVPLC)
$ 5,199
LA County Grant Excess Funds - (Via PVP Land Conservancy)
$ 1,000,000
Wildlife Conservation Board (WCB)
$10,000,000
Cal State Dominguez Hills
$ 120,000
CA Coastal Conservancy
$ 1,550,000
Proposition A (Measure A)
$ 140,000
Total Project Costs: $17,074.057
3) Filiorum:
Funding Sources Amount
CA Coastal Conservancy
$5,500,000
Ca Dept. of Parks and Recreation - Proposition 40-Per Capita
$ 220,000
Private donations (via PVP Land Conservancy)
$ 400,000
Proposition A (Measure A)
$ 10,913
City –CIP Reserve
$ 375,454
Total Project Costs:
$6,506,367
E-1
List of Five Acquired Properties and Funding Sources
W:\LAUREN\STAFFRPT\GRANTS\measureA\2018\PB Acquisition\Attach E list of parcels and grants for SR 2018 r.docx 10/8/2018
4) Malaga Canyon North:
Funding Sources Amount
Ca Wildlife Conservation Board (WCB)
$ 330,555
US Fish and Wildlife Service (USFWS)
$ 329,750 Total Project Costs: $ 660,305
Proposition A (Measure A)
*Amount held as Retention
$ 2,500*
5) Malaga Canyon South:
Funding Sources Amount
Ca Wildlife Conservation Board (WCB)
$ 228,075
US Fish and Wildlife Service (USFWS)
$ 227,500 Total Project Costs: $ 455,575
Proposition A (Measure A)
*Amount held as Retention
$ 2,500*
E-2
01203.0001/458945.5
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
Use Covenant Agreement
F-1
01203.0001/458945.5
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN 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]
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 s 5506.9 et seq. of the
California Public Resources Code (“District”).
RECITALS:
A. City owns that certain real property located in the City of Rancho Palos Verdes,
County of Los Angeles, State of California, as summarized in Exhibit A attached
hereto and incorporated herein by reference, and as legally described in Exhibits
A-1 through A-5 attached hereto and incorporated herein by reference
(“Preservation Properties”).
B. The Preservation Properties are located on an active landslide that causes
constant land movement. Homes and minor and major roads are located on the
landslide. The land movement affects the surfaces of improvements located on the
Preservation Properties, requiring frequent repair work.
C. The City is in the process of conducting a landslide mitigation feasibility study. The
City intends to implement, where and if possible, remediation measures to reduce
or slow down the landslide movement. Such future activities include but are not
limited to the use of equipment, drilling, testing, and the installation of devices to
gather and divert water.
Use Covenant Agreement
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D. In February 2001, City applied to District for grant funds available pursuant to the
Los Angeles County Safe Neighborhood Parks Proposition of 1996 approved by
the voters on November 5, 1996 (“1996 Proposition A”).
E. On April 17, 2001, District awarded Grant No. 58H4-01-1284 to the City, pursuant
to Section 3(c)(2)(SS) of 1996 Proposition A, in the amount of Four Million Dollars
($4,000,000) for the acquisition of approximately ninety-eight (98) acres of land
constituting the Preservation Properties (“Grant”) for open space purposes. The
Grant was amended a number of times, including being extended through 2017 by
Project Agreement V-16 dated March 1, 2017 between the City and District (“Grant
Agreement”). The Grant Agreement is incorporated herein by reference, and a
copy is available upon request at both the City’s offices and the District’s offices.
F. As a condition for providing grant funds, 1996 Proposition A requires certain
restrictions be imposed on the Preservation Properties 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 1996 Proposition A,
and the Grant funds would not have been granted.
G. 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
acquire the Preservation Properties.
NOW, THEREFORE, in inconsideration of the award of the Grant by District, City
irrevocably covenants with District to use the Preservation Properties in compliance with
the terms of this Covenant Agreement, which shall constitute covenants, conditions, and
restrictions which shall run with the land.
1. GRANT. City has and shall use the Grant funds to acquire the Preservation
Properties in accordance with the Grant Agreement.
2. USE. City covenants and agrees to use and maintain the Preservation Properties
solely as open space in accordance with the Grant Agreement 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 1996 Proposition A and the Grant Agreement.
4. REMEDIATION. Nothing in this Covenant Agreement shall restrict City from the
use of any remediation activities to remediate or slow down any natural disaster,
land movement, or any natural event that requires the use of remediation activities,
which include but are not limited to the use of equipment, drilling, testing, and the
installation of devices to gather and divert water. Prior to each remediation project,
City shall provide District with written information consisting of the timeframe,
acreage, and map location of the remediation project. The project shall not begin
without permission from District, and such permission shall not be unreasonably
withheld, conditioned or delayed. If District does not respond to City within ten (10)
Use Covenant Agreement
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days of submission of the written information specified in this section, District’s
permission shall be deemed granted and the City may begin the remediation
project without further delay. Notwithstanding the foregoing, no permission from
District shall be required for remediation projects necessitated by natural disasters
(e.g., fire, flood, earthquake, landslide, etc.) or for other immediate health and
safety purposes.
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 Preservation
Properties 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.
6. RIGHT OF ENTRY. Employees or agents of District may enter onto the Property
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
Preservation Properties 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. NOTICE. Any notice, demand, request, consent, approval or communication that
either City or District gives pursuant to this Covenant Agreement shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the
City, to the Director of Public Works (with his/her name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275,
and in the case of District, to Director of Parks, Los Angeles County Regional Park
and Open Space District, 1000 S. Fremont Ave., Unit #40, Building A -9 East,
Ground Floor, Alhambra, CA 91803. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or seventy-two (72) hours from the
time of mailing if mailed as provided in this section.
9. 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.
10. INTERPRETATION; GOVERNING LAW. This Covenant Agreement shall be
construed according to its fair meaning and as if prepared by both parties. This
Use Covenant Agreement
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Covenant Agreement shall be construed in accordance with the laws of the State
of California in effect at the time of the Agreement Date.
[signatures on following page]
Use Covenant Agreement
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IN WITNESS WHEREOF, the parties have caused this Covenant Agreement to be
executed on their behalf by their 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 Parks
CITY OF RANCHO PALOS VERDES, a
municipal corporation
By: _______________________________
City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ________________________
City Attorney
Use Covenant Agreement
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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:
Use Covenant Agreement
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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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EXHIBIT A
Legal Descriptions of Preservation Properties
Summary:
Preservation
Properties
Legal Description Proposition A
Funds Used
Year
Acquired
3 Sisters (former
Barkentine Property)
Exhibit A-1 $3,844,087 Aug. 2001
Portuguese Bend
Preserve (former
Hon Property)
Exhibit A-2 $ 140,000 Dec. 2005
Filiorum (former
York Property)
Exhibit A-3 $ 10,913 Dec. 2009
Malaga Canyon
North (former
Angeles Property)
Exhibit A-4 $ 2,500 Feb. 2014
Malaga Canyon
South (former May
Property)
Exhibit A-5 $ 2,500 Feb. 2014
Grant Total $4,000,000
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EXHIBIT A-1
Legal Description
3 Sisters (former Barkentine Property)
Original APN#: 7581-023-021 Revised APN #:7581-023-900
Original APN#: 7573-003-017 Revised APN#: 7573-003-900
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EXHIBIT A-2
Legal Description
Portuguese Bend Reserve (former Hon Property)1
Original APN#: 7564-005-001 Revised APN #:7564-001-900
Original APN#: 7572-001-001 Revised APN #:7572-001-900 (portion)
Original APN#: 7572-001-002 Revised APN#: 7572-001-901
Original APN#: 7572-001-003 Revised APN#: 7572-001-902
Original APN: 7572-001-004 Revised APN#: 7572-001-903
Original APN: 7572-001-006 Revised APN#: 7572-001-904
Original APN: 7572-001-007 Revised APN#: 7572-001-905 (portion)
Original APN: 7581-023-011 Revised APN#: 7581-023-901
1 Property does not include Agua Amarga Canyon and donated parcels.
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Property Description of Portuguese Bend Reserve
(with the Exception of the Donation Parcel)
That Real Property in the City of Rancho Palos Verdes, County of Los Angeles, State of
California, more particularly described as follows:
Those portions of Parcels 72, 73, 74, 88, 89 and 90 of Los Angeles County Assessor’s
Map No. 51, in the City of Rancho Palos Verdes, as per map Recorded in Book 1 Page
1 of Assessor’s Maps, in the Office of the County Recorder of said County, also being a
portion of Parcel 1 in Document No. 05-3157966 recorded December 22, 2005 Los
Angeles County Records more particularly described as follows:
Beginning at the intersection of the northerly line of Palos Verdes Drive South, 80 feet
wide, as shown on said map, with the westerly boundary line of Tract 22835, in said city,
as per map recorded in Book 603 Pages 62 to 65 inclusive of Maps, in the Office of the
County Recorder of said County;
Thence northerly, northwesterly along the westerly and southwesterly lines of Lots 1, 29,
30, 31, 32 and 33 of said Tract 22835 to the mo st westerly corner of Lot 33;
Thence northeasterly along the northwesterly boundary lines of Lots 33, 34 and 35 of said
Tract 22835 to the southeasterly line of said Parcel 89;
Thence northerly along the general southeasterly line of said Parcel 89 to that certain
course in the northeasterly boundary line of said Parcel 89, shown as having a bearing of
North 41° 27’ 50" West and a length of 285.46 feet;
Thence along said northeasterly boundary line, North 41 ° 27’ 50" West to a point distant
thereon South 41° 27’ 50" East 60.00 feet from the northwesterly terminus of said certain
course;
Thence South 43° 24’ 56" West 1007.13 feet;
Thence North 57° 01’ 22" West 235.00 feet;
Thence North 18° 36’ 00" West 130.53 feet;
Thence North 28° 58’ 52" West 522.07 feet;
Thence North 10° 33’ 20" West 510.00 feet;
Thence North 41° 38’ 00" East 240.83 feet;
Thence North 21° 57’ 50" East 338.18 feet to the most westerly corner of Lot 24 of Record
of Survey, filed in Book 57 Pages 4 to 8 inclusive of Records of Surveys, Records of said
County;
Thence northeasterly along the northwesterly boundary line of said Record of Survey to
the southwesterly boundary line of Record of Survey filed in book 57 pages 35 and 36 of
Records of Survey, Records of said County;
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Thence in a general northerly direction along the general westerly line of said last
mentioned Record of Survey to the southwesterly line of the land described as Parcel 1
in deed to Julius B. Hanover and wife, Recorded on September 17, 1947 as Documen t
No. 1467, in Book 25140 Page 419, Official Records;
Thence northwesterly along said southwesterly line to the southeasterly boundary line of
Tract 24817, in said City, as per map Recorded in Book 661 pages 79 to 81 inclusive of
Maps, in the Office of the County Recorder of said County;
Thence southwesterly and northwesterly along the general southeasterly and
southwesterly boundary lines of said Tract 24817, through its various courses, to the
northeasterly prolongation of the southeasterly line of the land described in deed to
Filiorum Corporation, recorded on July 9, 1953 as Document No. 3122 in Book 42176
Page 310, Official Records;
Thence southwesterly along said northeasterly prolongation and said last mentioned
southeasterly line to the northwesterly boundary line of said Parcel 74;
Thence southerly along the northwesterly boundary line of said Parcel 74 to and along
the northwesterly boundary line of said Parcel 73 to the easterly line of the land described
as Parcel 4 of deed Recorded on August 1, 1945 as Document No. 967 in Book 22193
Page 227, Official Records;
Thence southerly along said last mentioned easterly line, through its various courses to
the boundary line of the land described as Parcel 1 in the deed to Homer W. Bale and
wife, Recorded on March 12, 1957 as Document No. 1841 in Book 53890 page 167,
Official Records;
Thence easterly and southerly along said last mentioned boundary line to the easterly
boundary line of the land described as Parcel 1 in the deed to Homer W. Bale a nd wife,
Recorded on December 11, 1958 as Document No. 447 in Book d301 page 719, Official
Records;
Thence southerly along said last mentioned boundary line to the northerly boundary line
of Parcel 2 of deed Recorded on august 2, 1945 as Document No. 967 in Book 22193
page 227, Official Records;
Thence easterly and southerly along the northerly and easterly boundary lines of Parcels
2 and 1 (respectively) of said deed recorded in Book 22193 page 227, Official Records,
to the northerly line of Lot 3 of Tract 14118, as per map recorded in Book 306 Pages 34
and 35 of Maps, in the Office of the County Recorder of said County;
Thence in general easterly and southerly direction along the general northerly and
easterly boundary line of said Tract 14118 to the northerly line of Palos Verdes Drive
South, 80.00 feet wide, as shown on said map;
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Thence in a general easterly direction along the northerly line of said Palos Verdes Drive
South to the Point of Beginning.
Except therefrom that portion of said land described as Parcel 1 of the deed to Palos
Verdes Water Company, a Corporation, recorded on September 4, 1947 as Document
No. 773 in Book 25061 Page 65, Official Records.
Excepting therefrom that portion known as the Donation Parcel described as follows:
Commencing at a punched spike marking the intersection of the centerline of Admirable
Drive (60 feet wide) with Schooner Drive (60 feet wide) as shown on Tract Number 22835
recorded in Book 603 of Maps Page 62 Los Angeles County Records;
Thence S 35° 43' 43" W a distance of 280.963 feet (Record= S 35° 36’ 48” W 281.00 feet)
along the center line of Schooner Drive to a punched spike marking the centerline
intersection of the Palos Verdes Drive South frontage road (52 feet wide) with the
centerline of Schooner Drive;
Thence continuing along the center line of Schooner Drive, S 35° 43' 43" W a distance of
71.006 feet (Record= S 35° 36’ 48” W 71.00 feet) to the centerline of Palos Verdes Drive
South (80 feet wide) being a point on a curve concave to the northeast from which the
radius point bears N 35° 43' 43" E a distance of 2000.142 feet (Record= N 35° 36’ 48” E
2000.00 feet);
Thence northwesterly along the centerline of said Palos Verdes Drive South, along said
curve through and angle of 17° 33’ 22” an arc distance of 612.882 feet to the end of said
curve;
Thence N 36° 42' 55" W a distance of 691.069 feet (Record= N 36° 49’ 50” W 691.02
feet) along said centerline of Palos Verdes Drive South;
Thence leaving said centerline, N 20° 18' 01" E a distance of 47.693 feet (Record= N 20°
11’ 06” E 47.69 feet) to the intersection of the north line of Palos Verdes Drive South with
the westerly line of said Tract Number 22835 and the Point of Beginning of the Parcel
to be herein described;
Thence continuing along the boundary of said Parcel and along the westerly line of said
Tract along the west line of Lot 1, N 20° 18' 01" E a distance of 184.173 feet (Record= N
20° 11’ 06” E 184.16 feet) to the westerly corner of said Lot 1;
Thence N 33° 23' 03" W a distance of 166.702 feet (Record= N 33° 29’ 58” W 166.69
feet) along the southwest line of Lots 29, 30 and 31 to an angle point in the southwest
line of said Lot 31;
Thence N 63° 07' 33" W a distance of 264.329 feet (Record= N 63° 14’ 28” W 264.31
feet) along the south line of Lots 31 and 32 to the most westerly corner of said lot 32;
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Thence N 32° 00' 35" W a distance of 50.774 feet (Record= N 32° 07’ 30” W 50.77 feet)
along the southwest line if Lot 33 to the most westerly corner of Lot 33 and Tract 22835;
Thence leaving said Tract and continuing along the boundary of said Parcel, N 31° 55'
25" W a distance of 251.811 feet;
Thence N 57° 10' 52" E a distance of 120.000 feet;
Thence N 57° 10' 52" E a distance of 53.780 feet;
Thence N 63° 13' 53" E a distance of 63.348 feet;
Thence N 72° 14' 30" E a distance of 69.576 feet;
Thence N 29° 00' 30" E a distance of 97.863 feet;
Thence N 27° 55' 57" W a distance of 8.000 feet;
Thence S 72° 04' 03" W a distance of 52.323 feet;
Thence S 82° 41' 24" W a distance of 85.212 feet;
Thence S 75° 25' 58" W a distance of 134.142 feet;
Thence S 83° 13' 30" W a distance of 44.579 feet;
Thence N 82° 19' 02" W a distance of 51.411 feet;
Thence N 58° 01' 44" W a distance of 48.877 feet;
Thence N 29° 45' 57" W a distance of 42.900 feet;
Thence N 04° 36' 31" W a distance of 71.665 feet;
Thence N 17° 49' 55" W a distance of 44.683 feet;
Thence N 32° 57' 47" W a distance of 81.106 feet;
Thence N 38° 28' 26" W a distance of 72.398 feet;
Thence N 72° 28' 05" W a distance of 39.089 feet;
Thence N 87° 56' 05" W a distance of 30.940 feet;
Thence N 73° 06' 48" W a distance of 149.924 feet;
Thence N 10° 01' 59" E a distance of 133.215 feet;
Thence N 07° 43' 18" E a distance of 135.091 feet;
Thence N 01° 57' 43" E a distance of 55.0 85 feet;
Thence N 19° 20' 13" E a distance of 125.841 feet;
Thence N 03° 59' 46" W a distance of 71.950 feet;
Thence N 00° 45' 52" W a distance of 145.920 feet;
Thence N 08° 56' 01" E a distance of 117.381 feet;
Thence N 78° 17' 18" W a distance of 7.050 feet;
Thence S 11° 42' 37" W a distance of 59.800 feet;
Thence S 39° 12' 00" W a distance of 67.696 feet;
Thence S 74° 54' 15" W a distance of 64.930 feet;
Thence S 66° 35' 11" W a distance of 146.792 feet;
Thence S 55° 45' 51" W a distance of 104.945 feet;
Thence S 51° 40' 39" W a distance of 154.897 feet;
Thence S 51° 16' 22" W a distance of 45.069 feet;
Thence S 52° 07' 15" W a distance of 218.161 feet;
Thence S 47° 42' 52" W a distance of 66.277 feet;
Thence S 41° 33' 00" W a distance of 66.847 feet;
Thence S 48° 25' 58" W a distance of 30.870 feet;
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Thence N 66° 53' 10" W a distance of 28.304 feet;
Thence S 47° 54' 54" W a distance of 222.088 feet;
Thence S 43° 59' 51" W a distance of 90.593 feet to the north line of Palos Verdes Drive
South (80 feet wide) as described in Book 15417 Page 201 Official Records, recorded
November 22, 1937 and shown on Assessor’s Map No. 51, recorded in Book 1 Page 1 of
Assessor’s Maps, all in the Office of the County Recorder of Los Angeles County;
Thence S 80° 57' 44" E a distance of 438.984 feet along said north line of Palos Verdes
Drive
South to the beginning of a curve concave to the southwest having a record radius of
1540 feet;
Thence southeasterly along the north line of Palos Verdes Drive South along said curve
1191 feet more or less to the end of curve;
Thence southeasterly along the north line of Palos Verdes Drive South a distance of 600
feet more or less to the Point of Beginning.
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EXHIBIT A-3
Legal Description
Filiorum Open Space (former York Property)
This is the “Purchase Property” Parcel described in the Grant Deed Recorded
December 30, 2009 as Document No. 20091982485 Los Angeles County Records
and shown as a solid line on Exhibit “A” attached hereto. The “Donation Property”
Parcel described in said Grant Deed is not included here.
Original APN#: 7581-023-029 Revised APN#: 7581-023-903 (three
separate parts)
Original APN#: 7581-023-034 (portion) Revised APN#: 7581-023-902 (portion)
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Property Description of Filiorum Open Space
PARCEL A OF LOT LINE ADJUSTMENT NO. SUB2004-00001, RECORDED
JANUARY 27, 2005, AS INSTRUMENT NO. 05-0200143 OF OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING
THEREFROM THAT PORTION OF SAID PARCEL A, LYING EASTERLY AND
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY TERMINUS OF A LINE SHOWN AS " N90°00' 00"
EAST 434.31 " ON THE SOUTHERLY BOUNDARY OF PARCEL 2 OF CERTIFICATE
OF COMPLIANCE NO. SUB2004-00005, RECORDED AUGUST 09, 2004 AS
INSTRUMENT NO. 04-2035439 OF SAID OFFICIAL RECORDS; THENCE ALONG
THE WESTERLY PROLONGATION OF SAID LINE, SOUTH 90°00' 00" WEST 547.99
FEET; THENCE SOUTH 63° 37' 37" WEST 1826.30 FEET TO A POINT LYING 165.00
FEET FROM THE NORTHERLY TERMINUS, ALONG THE NORTHERLY
PROLONGATION OF A LINE SHOWN AS " N09°54' 54" W 990.00' ON THE
NORTHEASTERLY BOUNDARY OF PARCEL 1 OF CERTIFICATE OF
COMPLIANCE NO. SUB2004-00004, RECORDED AUGUST 09, 2004 AS
INSTRUMENT NO. 04-2035438 OF SAID OFFICIAL RECORDS; THENCE ALONG
SAID PROLONGATION, SOUTH 09°54' 54" EAST 165.00 FEET TO SAID
NORTHERLY TERMINUS.
CONTAINING AN AREA OF 160.5 ACRES, MORE OR LESS.
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EXHIBIT A-4
Legal Description
Malaga Canyon North (former Angeles Property)
Northern Parcel:
Original APN#: 7546-022-022 Revised APN #:7546-022-900
Southern Parcel:
Original APN#: 7578-002-009 (portion) Revised APN #:7578-002-900
(portion)
Original APN#: 7578-002-009 (portion) Revised APN #:7578-002-900
(portion)
Original APN#: 7578-003-001 Revised APN #:7578-003-900
Original APN#: 7578-002-009 (portion) Revised APN #:7578-002-900
(portion)
Original APN#: 7578-002-009 (portion) Revised APN #:7578-002-900
(portion)
And all of Original APN#: 7578-002-010 Revised APN #: 7578-002-901
Mossbank Drive Parcel:
Original APN#: 7578-003-006 (portion) Revised APN #: 7578-003-901
(portion)
Original APN#: 7578-003-006 (portion) Revised APN #: 7578-003-901
(portion)
Original APN#: 7578-003-006 (portion) Revised APN #: 7578-003-901
(portion)
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EXHIBIT A-5
Legal Description
Malaga Canyon South (former May Property)2
Original APN#: 7578-003-004 Revised APN #:7578-003-903
Original APN#: 7578-003-007 Revised APN#: 7578-003-902
2 Legal Description does not include easements. It does not include Parcel 2.
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