20130917 Late Correspondence'' be
City Council Meeting
4� September 17, 2013
- Item F -
Approval of two purchase and sale
agreements to purchase private properties
in Malaga Canyon for the purpose of
Open Space Conservation
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O PREVIOUS MITIGATYDN LANDS D 14,000
0 CITY OWNED LANDS FIGURE
0 PVPLC C7W NED Peet
C3NCCYfl1CP PLAN BOUNDARY
f.:!JURISDICTIONAL BOUNDARY Fai __9 I
Preserve Properties
Malaga Canyon -
North
Angeles LLC
Acquisition (Dr. Roger
Giani)
Approx. 42 acres of
open space consisting
of 5 separate parcels
$659,500
Malaga Canyon
- South
Ya Yi May
Acquisition
Approx. 16 acres of
open space
consisting of 2
separate parcels
$455,000
.x.
Conceptual Trails Plan — Section 2
14014 W
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SUBJECT PHOTOGRAPHS (Taken 4/21/2013)
NORTHEASTERLY AT GRAYSLAKE ROAD CUL-DE-SAC ACCESS TO REMAINDER PARCEL
NORTHEASTERLY AT DIRT TRAIL WITHIN FUTURE STREET DEDICATIOVEASEMENT
EXTENSION FROM GRAYSLAKE ROAD TO THE REMAINDER PARCEL
Access off Grayslake Road
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Pircpl One
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to Remain Private
6.922 Acres
15' Access Easement—
Co Parcel One
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EXHIBIT MAP
of a
Parcel Line Adjustment
For
City of Rancho Palos Verdes
APN 7578-00-2-009, 7578-003-001
Los Angeles County California
Prepared 08/11/2012 by
Michael Mr -Gee, PLS3945
McGee Surveying Consulting
=pund spike & washer down 0.2', No search was made for references.
: OlJnd punched spike embossed "DRA" shown on PVVFB 9317-712- Found lead & tack in top of curb
a6'E 18.78' {1.$1'j. No search was made fpr ether references.
New Praper#y Line begins on the northeast line of the Future Street parcel from which a mag nail & 1,5" bras:
3945 MCGEE SURVEYING" bears S44°40'E 10.06'. The nail & washer is sei in a concrete footing of a chain
lorlh of the center of the post, fence runs 5E and 5VV. 2" IP's per Tract Maps northwest 3.53' and southeast 2
dot 11
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f i 5.46'
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+� $j�1'+$ q`in�' x659°3252 ,551"'baa. @5 Fr-33-9�' T 4p• L
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�, LP COUNTY SURVEYOR'S STA'
This map has been examined in accordance with Se
1 , Professonal Land Surveyor"s Act this -day r
Deputy County Surveyor -_
002-009
SUBJECT PHOTOGRAPHS (Taken 4/21/2013)
SOUTHEASTERLY ALONG MONTEMALAGA DRIVE AT RESIDENTIAL ZONED
LANDS IN SOUTHERN PARCEL (THE REMAINDER PARCEL)
SOUTHERLY FROM MONTEMALAGA DRIVE. AT THE REMAINDER PARCEL
SUBJECT PHOTOGRAPHS (Taken 3/11/2011)
SOUTHEASTERLY ALONG MONTEMALAGA DRIVE AT OPEN SPACE
ZONED LANDS IN SOUTHERN PARCEL
SOUTHERLY FROM MONTEMALAGA DRIVE AT SOUTHERN PARCEL CANYON LANDS
SUBJECT PHOTOGRAPHS (Takien 3a+111201I)
NORTHWESURLY ALONt; mw, i i m -tLAGA DRIVE AT NORTHERN PAW E:1.
NORTHERLY FROM MONTEMALAGA DRIVE AT NORTHERN PARCEL
SUBJECT PHOTOGRAPHS - YA YI MAY (Taken 311112011)
NORTHWESTERLY FROM EASTERN TERMINUS OF MOSSBANK DRIVE
SOUTHEASTERLY AT SOUTHERN PARCEL FROM NEAR MOSSRANK DRIVE EASEMENT
Preliminary Review of the
Draft Housing Element
Public Hearing Item No. 2
HOUSING ELEMENT BACKGROUND
• Housing Element is 1 of 7
mandatory elements of the
General Plan
• Housing Element must be
updated every 5 years (typically)
Housing Element Update due to
HCD by Oct. 15, 2013
REVIEW PROCESS & TIME FRAME
PC Preliminary Review (8/27/13)
CC Preliminary Review (9/17/13)
HCD Review (10/15/13)
PC Final Review (Jan. 2014)
CC Final Review (Jan/Feb 2014)
Submit Final Housing Element to
HCD (Feb 2014) for Certification
STATE HOUSING LAW REQUIREMENTS
A Housing Element Must Include:
o An assessment of the community's housing needs.
o An inventory of sites that can accommodate the share of the Regional
Housing Need (RHNA)
o An analysis of housing market and governmental constraints that
impede public and private sector efforts to meet the needs.
o A progress report describing actions taken to implement the 2008-
2014 Housing Element.
A statement of goals, quantified objectives and policies relative to the
construction, rehabilitation, conversion and preservation of housing.
o An implementation program which sets forth a schedule of actions
which the City is undertaking or intends to undertake to implement the
policies and achieve the stated goals and objectives.
REGIONAL HOUSING NEEDS AND ASSESSMENT (RHNA)
RHNA - The number of future housing units needed to meet the Region's need
Planning Period of 2013 to 2021
State HCD and SCAG
RPV's allocated unit count is 31, segmented as follows:
13 "Above Moderate" income units
5 "Moderate" income units
13 "Lower" (L, VL, EL) income units
Proposed to be met by construction of new units
Proposed to be met by 2nd dwelling units
Proposed to be partially met by future
construction of Highridge Condos (2 units) &
Crestridge Senior Housing (3 units)
8 Units Need to be Identified
City must identify an inventory of sites to meet its fair share of the Region's housing
need for new housing units.
City not responsible for building these units - the Market theoretically will.
If adequate sites do not exist to accommodate the RHNA, then the City must re -zone
sites to accommodate the shortfall.
PROGRAM NO. 1 - WESTERN AVENUE VISION PLAN/ADEQUATE SITES PROGRAM
Western Avenue Vision Plan process provides a great opportunity to provide a program for
mixed use (residential & commercial) type development in the Corridor, which can address the
shortfall of 8 affordable units.
Re -zone commercial properties along Western Avenue to allow multi -family residential at a
density of 20 du/ac or greater, by -right, with built-in development standards set by City.
Only the general program needs to be in Element - Details (development standards, uses,
design requirements, specific site identification) to be identified later during Phase II of the
Vision Plan and Specific Plan
- Option for future developers as Market permits.
- City will not mandate that it occur.
- Property owners not required to provide units at an affordable rate provided density is met.
Program details will undergo future public hearings by Commission and Council with
completion date targeted for 2017
If in 2017, after reviewing Program, City decides not to pursue the Program, then it must
identify other sites in City to re -zone.
City Council Meeting
September 17, 2013
Item No. 1
Text Amendment to amend
RPVMC Section 17.76.100
Expand public notification for
City Tree Review Permit decisions
Background
On May 21, 2013 the Council directed Staff to prepare an
item for the Planning Commission's consideration
regarding the proposed code amendment to revise RPVMC
Section 17.76.100(G) (1) to read:
"When the foliage is located on a city street or easement, a
notice of the determination to grant the application shall be
sent to the applicant(s), the appropriate homeowner's
association, and all property owners within 300' of each
subject tree. In addition, notice of the determination shall
be posted on a conspicuous location on each subject tree".
CTRP Approval Notification Procedure
(existing)
RPVMC Section 17.76.100(G):
G. Notification. When the director makes a determination
regarding a City tree review permit, written notice of the decision shall
be given as follows:
1. When the foliage is located on a City street or easement, a
notice of the determination to grant the application shall be sent to the
applicant(s), the appropriate Homeowners Association, and the ten (10)
closest adjacent properties including the owner(s) of the property
directly abutting or underlying the public right-of-way where the subject
tree(s) and/or foliage are located. Adjacent properties shall include the
ten (10) closest lots, which are on the same street, directly abutting and
adjacent to the property where the tree and/or foliage are located.
Notice of denial shall be given only to the applicant.
2. When the foliage is located in a City park, notice of the
director's decision shall be given only to the applicant.
Planning Commission & Staff
Summary Recommendation
1. Increase the public notification from the 10 closest
property owners to the 20 closest property owners
2. Clarify that notified properties are to be Rancho
Palos Verdes property owners
3. Require that Notices of City Tree Review Permit
decisions be posted on trees subject to the decision,
with the exception of City trees located in areas that
are difficult or hazardous to access
Recommendation No. 1
Expand the number of properties notified of City decisions
from the 10 properties closest to the subject tree(s) to the
20 closest properties closest to the subject tree(s)
• Guarantees notification to a minimum number of
property owners
• Can be consistently applied throughout the City
Recommendation No. 2
Clarify that notified properties are to be Rancho
Palos Verdes property owners
• Guarantees that Rancho Palos Verdes property owners
will make up the entire "20 closest" property owner
notification list in cases where non -RPV residents reside
closer to a subject City tree
• Ensures that only RPV property owners will be eligible to
"adopt" a City tree by entering into an agreement with
the City to maintain the City tree
Recommendation No. 3
Post a Notice on each tree subject to CTRP decision
• General public will be made aware of any pending City
decision or action affecting the posted tree
• Posted Notice will be affixed to a tree(s) and printed on
colored paper placed inside a waterproof sleeve
• Exempt the posting of City trees that are too difficult or
hazardous to access (ravines, steep slopes, etc)
CITY QF� O R, YMCHo ftos VERDES
August 22, 14112 YRIba._ ,N,�Ry
N.715 P. --111"P1IY711014
ICf. "S 111 til P" , "'N [hut the City of Rancho Palos Verdes has approved a request for
Cit, I «•r Rr, �� Per it application plication (Case No. 2012-00049) to allow for the removal oftwo (2)
. - "' I. �aIed N%iIhin the City -owned portion of Windport Canyon (aka APN 7583-
..:,u f 1-:nd View Drive.
. d rv,roum rel Winclport ('amon (aka APN 7593-019-900).
I,i,n,,I View Drlv,'
Pt , ,tib[. HI -1 .,,,_ .ual..,v, -20707 Island View Drivc, t,hiil +t 7
Decisions on City free Review Permits are mad, dminititmtively by [he community
-lopment Dirrcior hastd oi, Staff's em ttt_, i. 1,u1 tiom ailected parties, and on Ow criteria
C,mlo,iacd d,c Rancho I . I, '•'ri,i'Milt) odc (RPVMC) Section 17.76.100. Cilv gatt
has visilcd Me ,he and P, an R. ii v,:rh a recommendation (attached) for the
I ti,
I-'. rmngideralu X11 n rom" n the request and on the Staff recommendation will
ar fhr di ,,rt „ Ibr a period of 7 days. Said comment
•I, -' ; = 9, 1I:. period Shall
ff writrrn c received Objecting or requesting modification to the City's Decision,
of Decision will be mailed to each notified PrOPOMY owner addressing said
,o eomtttenls are received withi the 7 d r. comment period, then This Decision
r,nnn
effective at 5:3nPM or .Auguca 1, 20, .; without further notice unless appealed
me period n,
e m• v. 01 1 1c—ion to the Planning
e
e n Wd .uty ..pccifte action being
chin dilleen (15) calenclar days of
rkc,1 n or by September 13, 2012. A
1
a F, c d letter, I I no appeal is tilein a timely
manner,
r r 1 1. 201 ' Should written comments be
a
o ah, "r. 111,•1 a new appeal period shall
e nnnlrc ,, a, all notified parties.
v
U t, nail please contact John Alvarez Senior Planner at
n i0)?4)-5228or via e-mail atiohna(a)"w '
Staff Recommendation
If the proposed text amendments are acceptable, then:
1. Adopt Resolution No. ,adopting Addendum No. 7
to the Negative Declaration for Ordinance No. 510, for
a code amendment to revise Chapter 17.76.100 of the
Municipal Code (City Tree Review Permit)
2. Introduce Ordinance No. ,amending RPVMC
Chapter 17.76.100 of the Municipal Code (City Tree
Review Permit)
Section 17.76.100 City tree review permit (proposed)
A. Purpose. This chapter provides a procedure for the pruning and/or
removal of trees and/or foliage which are located on city property, a city easement
or within the public right-of-way in order to protect the public health, safety and
welfare by preventing the needless impairment of views from vista points and view
lots.
B. Approval Required. A city tree review permit is required prior to the
pruning and/or removal of any tree and/or foliage, located on city property, a city
easement or within the public right-of-way, for the purposes of view restoration.
C. Exemption. Trees and/or foliage located within the boundaries of the
Miraleste recreation and park district shall not be subject to the provisions of this
section.
D. City Tree Review Permit Application. Any person owning land in the
city may file an application for a city tree review permit. An application for a city tree
review permit shall be made to the director on forms provided by the city, and shall
include the following items:
1. A completed application form signed by the property owner of the property
where the view is impaired; and
2. A plan or map, drawn to the satisfaction of the director, which clearly shows the
location of each tree and/or foliage located on city property, a city easement, or
within the public right-of-way that is impairing the view of the applicant; and
3. A current photograph of the alleged view impairment taken from the applicant's
viewing area; and
4. An application fee, as established by City Council resolution.
Section 17.76.100 City tree review permit (proposed)
E. Review Criteria. The director or the director's designee shall either
grant, or conditionally grant the city tree review permit if, after conducting an investigation
of the applicant's property, it is determined that trees and/or foliage located on City
property, a City easement or in the public right-of-way are significantly impairing a view
from a viewing area of the applicant's lot, as defined in Section 17.02.040 (Single -Family
Residential Districts) of this title.
F. Conditions of Permit Issuance. In granting any approval under this
section, the director may impose such conditions thereon as may be reasonably
necessary to prevent danger to public or private property; to prevent the tree removal or
pruning from being conducted in a manner that is likely to create a nuisance; or to
preserve the intent of any goal or policy of the general plan. No person shall violate any
conditions so imposed by the director. Such conditions may include, but shall not be
limited to, the following:
1. For a city tree and/or foliage that is located within the parkway and roadway
median, or within any other city property or city easement (except city parks):
a. A view -impairing tree and/or foliage shall be removed and replaced with a
similar 24 -inch box size tree by the City. The City shall pay for all costs of tree and/or
foliage removal and replacement. Trees and/or foliage that are removed shall not be
replaced if the following conditions exist:
i. The replacement tree or foliage will immediately cause a significant impairment
of the view from the applicant's viewing area;
Section 17.76.100 City tree review permit (proposed)
ii. The Director of Public Works determines a replacement tree would cause
damage to the improvements in the public right-of-way (street, curb, sidewalk, etc.) or
obscure traffic visibility or create an impediment to pedestrian access within the public
right-of-way;
b. The City shall make the final determination as to the type and number of
replacement trees and/or foliage, if any.
C. If a person who has received notification of the Director's decision files a
written request to not remove the tree or foliage (within 7 days of the notification), then
the tree and/or foliage may be pruned instead of removed, provided the following
conditions can be met:
i. The Director determines that the pruning of the subject tree and/or foliage will
eliminate the significant impairment of the applicant's view;
ii. The Director determines that the pruning of the subject tree and/or foliage will
not result in an unsightly tree and /or likely kill or weaken the tree;
iii. The Director of Public Works determines that the tree and/or foliage has not,
and will not, cause damage to improvements in the public right-of-way (street, curb,
sidewalk, etc.);
iv. Upon receipt of the written agreement of the owner(s) of the property directly
abutting or underlying the public right-of-way or parkway where the tree and/or foliage is
located, the City and any of the parties who were notified pursuant to Subsection G1
Section 17.76.100 City tree review permit (proposed)
enter into an agreement that is recorded on the title of the agreeing party's property,
binding that property owner and any future owners of that property to maintain the trees
and/or foliage so as to prevent future significant view impairment by such tree and/or
foliage. The agreement between the City and the property owner shall specify the
maximum time interval, as determined to be appropriate by the Director, within which the
property owner shall undertake and pay for such maintenance;
V. Should the property owner, who has entered into an agreement with the City to
maintain a City tree or foliage, within 30 days of receiving a notice from the City
requesting maintenance, fail to adhere to the maintenance provisions of the agreement,
then the City shall terminate the agreement and shall remove the subject tree(s)/foliage
at the City's expense.
2. For trees and/or foliage located within a city park:
a. If the City determines that the tree and/or foliage needs to be
removed in order to restore the applicant's view, the City shall determine whether the tree
and/or foliage shall be replaced, and shall make the final determination as to the type and
number of replacement trees and/or foliage.
b. If the City determines that the tree and/or foliage can be pruned to
restore the applicant's view without damaging or killing the tree or foliage, the City shall
maintain the tree and/or foliage so as to prevent future view impairment by the tree
and/or foliage.
Section 17.76.100 City tree review permit (proposed)
C. The City shall pay for all costs of tree and/or foliage pruning, removal
and/or replacement. The City shall make the final determination as to the type and
number of replacement trees and/or foliage. Whenever work is to be performed, it shall
be performed by the City.
G. Notification. When the director makes a determination regarding a City tree review
permit, written notice of the decision shall be given as follows:
1. When the foliage is located on a City street or easement, a notice of the
determination to grant the application shall be sent to the applicant(s), the appropriate
Homeowners Association, and the te44 twenty (4-920) closest adjacent properties
within the City of Rancho Palos Verdes, including the owner(s) of the property
directly abutting or underlying the public right-of-way where the subject tree(s) and/or
foliage are located. Adjacent properties shall include the teR twenty (a-920) closest
lots within the City of Rancho Palos Verdes, which are on the same street, directly
abutting and adjacent to the property where the tree and/or foliage are located.
Notice of denial shall be given only to the applicant.
2. When the foliage is located in a City park, notice of the director's decision shall be
given only to the applicant.
3. Notice of the permit determination to grant the application shall be posted by
City Staff on a conspicuous location on each tree that is the subject of an
application decision. For trees located on City property, notice of the
determination shall not be posted on any tree where the Director determines that
access to said tree is too difficult or hazardous to post the notice.
TENTATIVE AGENDAS
Note: Time Estimates include 45 mins. for the first section of the agenda (Mayor's Announcements,
etc. through the Consent Calendar) and 15 mins. for the last section (Future Agenda Items through
Adjournment).
October 1, 2013 - (Time Est. — 2 hr 45 mins)
Closed Session:
Mayor's Announcements:
City Manager Report: SCE Update on Infrastructure Imps. -Presentation by Marvin Jackmon
New Business:
Consent
Award PSA—Abalone Cove Shoreline Park Imp. Project & Cable TV Restroom Imp. Proj.
Award PSA — RPV Accessibility Transition Plan Implementation Proj — Phase I
Award Professional Services Agreement for Stormwater Master Plan
Approval of Revocable License Agmt bet York & City; Amend. PVNP Mgmt Agmt.
Award PSA — Mark Doddy RPVty
MOU — PVPUSD regarding Peninsula High School Pool
Public Hearings
Regular Business
Employee Health Insurance Premiums for 2014 (15 mins)
Agreement with Bank of the West (20 mins)
CEDARS Agmts (20 mins)
Urg Ord/Reg. Ord -Establish Permit Restrictions for Ongoing Resid. Construction Proj. (30 mins)
Consideration of Modification to Construction Hours (20 Mins)
October 5. 2013 — Saturday (cD 9:00 a.m. (Time Est. — 8 hrs) — Adj. Req. Mtq./Council
Workshop
New Business:
Regular Business
California Joint Powers Insurance Authority Training
October 15, 2013 - (Time Est. —1 hr 15 mins)
Closed Session:
Study Session:
Mayor's Announcements:
SS1-1
City Manager Report:
New Business:
Consent
Award Pavement Striping Maintenance Contract
Award of Consultant Contract for Residential Solid Waste Performance Audit
Public Hearings
Regular Business
PVPLC Annual Report (15 mins)
November 6, 2013 (Wednesday) - (Time Est. —1 hr 35 mins)
Closed Session:
Mayor's Announcements:
City Manager Report:
New Business:
Consent
Public Hearings
Introduction of Ordinance regarding New Building Codes (20 mins)
Regular Business
Agreement with Tyler for Financial Software (15 mins)
November 19s 2013 - (Time Est. —1 hr)
Closed Session:
Study Session:
Mayor's Announcements:
City Manager Report:
New Business:
Consent
Public Hearings
Regular Business
SS1-2
December 3, 2013 - (Time Est. — 2 hrs)
Mayor's Announcements:
Certification of Election
Ceremonial Matters
Dedication of Hesse Park Council Chambers — Former Councilman John McTaggart
Certification of Election
Swearing in and Seating
Council Reorganization
Recess/Reception:
City Manager Report:
New Business:
Consent
Adoption of New Building Codes
Public Hearings
Regular Business
December 17, 2013 - (Time Est. —)
Closed Session:
Study Session:
Mayor's Announcements:
City Manager Report:
New Business:
Consent
Public Hearings
Regular Business
Future Agenda Items (Identified at Council Meetings)
July 3, 2012 — Consideration of Implementation of a Wireless Master Plan (Campbell) [Pending
receipt of memorandum from Councilman.]
SS1-3
August 21, 2012 — Fraud, Waste and Abuse Hotline (Duhovic) [Pending receipt of memorandum
from Mayor Pro Tem.]
City Maintenance Yard — View, Location and Safety Issues (Campbell) [Pending receipt of
memorandum from Councilman.]
November 20, 2012 — Compensation Value Model for Senior Management (Misetich) [Pending
receipt of memorandum from Councilman.]
March 19, 2013 — Explore outreach program to residents to incorporate 100% participation in
Neighborhood Watch Program (Misetich) [Pending receipt of memorandum from Councilman.]
April 2, 2013 - Transparency regarding Labor Negotiations (Campbell) [Pending receipt of
memorandum from Councilman.]
Revisit Policy regarding Naming of Public Facilities and establish a protocol for acknowledging the
passing of former City officials, civic leaders, and military personnel (Campbell) [Pending receipt of
memorandum from Councilman.]
Revisiting the Skateboarding Ordinance (Brooks) [Pending receipt of memorandum from Mayor.]
April 30, 2013 — Council Allocations & Expense Reimbursement (Brooks) [Pending receipt of
memorandum from Mayor.]
June 4, 2013 — Clean-up language regarding the City Council Rules of Procedure (Campbell)
July 16, 2013 — Review Code and discuss code enforcement regarding the time period trash
receptacles may be placed at curb (Brooks) [Pending receipt of memorandum from Mayor.]
Policy regarding use of the City Attorney's time (Brooks) [Pending receipt of memorandum from
Mayor.]
August 6, 2013 — Discussions with Palos Verdes Peninsula Unified School District regarding use
of recreational facilities (Misetich) [Pending receipt of memorandum from Councilman.]
Future Agenda Items Agendized or Otherwise Being Addressed
SS1-4
RANCHO PALOS VERDES CITY COUNCIL
2013 GOALS & PRIORITIES
Revised and Re -Adopted January 15, 2013
1) PUBLIC SAFETY AND TRAFFIC ISSUES
• Focus on Crime Prevention: Prioritization of "Crime Watch," notification of the
public, Neighborhood Watch (Score = 14)
• RPV staff immediately posts Breaking News notices on the City
website regarding significant traffic accidents, road closures,
emergencies etc, on a 24/7 basis as we are notified (a level of service
not found in most other cities); and,
• The Law Enforcement web page added to City's web site in 2012 to
provide the public with more information and resources on crime trends
and prevention has been continually updated since that time; and
• At the November 20th City Council meeting, Sgt. Rozas of the Lomita
Sheriff's Station provided a status report regarding FY 12-13 Crime
Prevention Enhancements included in the FY12-13 budget. In April
2013, Sgt. Rozas provided updated figures, which indicate that the
Volunteers on Patrol have spent 1,690.5 hours in the City for far this
fiscal year and the CORE Team has conducted 13 bicycle patrols (104
hours) and Western Avenue and 16 rides (128 hours) on Palos Verdes
Drive South, which have resulted in 567 contacts, 187 citations and a
significant drop in crime (particularly vehicle burglaries) in these areas.
• Feb. 19th Council meeting Captain Bolin presents updated crime stats
showing drop in Part 1 crimes in RPV.
• Following the home invasion robbery on Miraleste Drive on March 12th
the Captain Bolin, Lt. Stucky, Sgt. Rozas and other staff from the
Lomita Sheriff's Station went door-to-door through the Miraleste
neighborhood talking with residents about the crime and what to do to
protect their families and homes. In addition, Captain Bolin has
attended City Council meetings and Neighborhood Watch meetings to
further promote crime prevention and personal safety in the
community.
• Forge Closer City Relationship with Sheriff's Department: Improve
communication with leadership at the Lomita Sheriff's station (Score = 9)
• Staff engaged in greater communication with new Captain re: goals of
the Council, unacceptable incidents of non -communication or lack of
follow-thru such as correcting speed traps.
City Council Goals & Priorities rev. 9/17/13
Page 1 of 18
SS1-5
• Increase Sheriffs Presence on South and West Sides of the City: Consider
creation of Sheriffs Department substation on City property (Score = 6)
• Preliminary discussions held with ambulance, Park Rangers and
Sheriff re: potential locations at Point Vicente Park or Ladera Linda
Community Center. Will follow as master plans develop or new
opportunities arise.
• Review Sheriff's Department's Allocation of Assets: Promote better focus the
Department's efforts in the City (Score = 5)
Staff worked with Regional Law subcommittee and Peninsula cities to
redesign allocation of CORE, traffic and patrol units to best meet safety
needs as well as budgetary conditions.
• Notification of Public Safety Issues: Formalize system to notify City Staff of
public safety issues, review communications policy and guidelines (Score = 5)
• Create Joint Powers Agency for Emergency Management for the Peninsula..
Pre -arrangements to share resources during natural disasters (i.e., wildfire,
earthquake, tsunami, flooding, etc.) and for other hazards (Score = 4)
• Staff met with Mayor Misetich and the Area G Disaster Services
Coordinator on October 15, 2012. It was discussed that the initial effort
would begin "Mayor to Mayor" by introducing the concept of the four
Peninsula cities sharing resource inventory lists with each other.
Focus on Traffic Enforcement: Eliminate "speed traps" & replace with speed
warning signs/units, target perceived erratic driving related to Marymount
College (Score = 3)
The adopted FY13-14 Budget continues the additional 30% allocation
to traffic enforcement that was included in FY12-13 Budget.
The City's consulting traffic engineer has completed the remaining
speed zone surveys which are currently being reviewed by staff. After
review the surveys will be presented to the Traffic Safety Committee at
its August 26, 2013 meeting for a recommendation to City Council for
approval and adoption.
• Palos Verdes Drive East Safety: Improve roadway safety (Score = 2)
• Public Works preparing to hold public workshops on PVDE safety
improvements of public rights-of-way. The TSC has tentatively
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scheduled three workshops for Thursday, November 15th at 7pm,
Monday, December 10th at 7pm, and Saturday, February 2nd at
10am.; Staff will recommend awarding design of PVDE at the
September 18, 2012 Council meeting.
• The Palos Verdes Drive East public workshops have been rescheduled
to Monday, December 10, 2012 at 7pm, Saturday, February 2nd, 2013
10:00am and Wednesday March 13, 2013, 7:00pm all to be held at the
Point Vicente Interpretive Center. The design is 95% complete and will
be finalized to start construction in the June 2013.
• The plans for the safety improvement projects (upgrading guardrails,
chevron signs and striping) are complete. Staff is waiting for Federal
Authorization to proceed with construction.
• Staff has received Federal Authorization (E-76) to proceed with
construction. This project will upgrade the failed and damaged
guardrails along PVDE. The project plans and specifications have
been approved by the City Attorney's office and the project is ready for
bidding.
• Staff will recommend to the Council execution of the Program
Supplement Agreement for the PVDE Guardrail project prior to
construction start. This item will be on the 5/21/13 CC agenda.
• Staff has received the Expenditure Authorization from Caltrans to
proceed with the guardrail repairs. After the guardrail repairs, other
utility, concrete and roadside repairs will be conducted prior to the start
of the resurfacing. Staff anticipates awarding a construction contract in
September/October 2013.
• Bicycle Safety: Cyclist safety and awareness, sharing of roadways with motor
vehicles (Score = 2)
Awaiting METRO approval of grant amendment to begin design for
PVDS construction bike compatible lanes both sides, excluding the
landslide.
• Metro has acknowledged receipt of the amendment and has provided
a verbal approval. The City is awaiting the final approval letter.
• Metro has informed the City that the PVDS bike safety project will be
amended in November 2013.
2) SAN RAMON CANYON PROJECT
• San Ramon Canyon Stabilization: Solicit financial support from the City &
County of Los Angeles and present financing alternatives (Score = 12)
Design plans 100% completed; addressed environmental questions from
Army Corps of Engineers — awaiting review comments which are
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anticipated by late September, need ACOE permit before project can be
advertised per State grant funding requirements:
• Awarded $9.5 million grant funding;
• Sewer re -location complete;
• Shelf -ready early action stabilization project plan designed and ready
• Pursuing federal, state and LA funding, presented financing options to
Council July 17, reimbursement resolution adopted August 21;
• Received the Army Corp of Engineer's permit December 3, 2012;
• Prospective Bidder's pre -qualification applications were received
December 5, 2012;
• The project is being advertised — the City has asked to received
proposals from pre -qualified bidders; the proposals received will be
opened at 11:00 Thursday morning January 24, 2013; and
• The City Council has directed Staff to develop funding alternatives,
including the possible use of Reserves and/or debt financing, to be
presented to the FAC. Subject to approval by the City Council, Magis
Advisors is expected to assist the City with the development of
financing alternatives.
• Jan. 24 received 5 construction bids; will ask Council approval of
contract March 19. Anticipate June 2013 project start date.
• City Council approved construction and Professional Services
contracts March 5. Anticipate May 2013 construction start date.
• Pre -construction meeting scheduled April 8, 2013.
• Ground breaking ceremony performed April 16, 2013.
• Project is under construction.
• First stick of pipe laid week of August 5, 2013
3) CITIZEN INVOLVEMENT
• Increase Citizen Involvement in Infrastructure Goal -Setting & Planning:
Review "lessons learned" from past projects, need more direct Staff outreach
to residents and businesses, identify instances and plans to deal with
deferred maintenance of facilities (Score = 12)
• Public outreach in planning for Safe Routes to Schools with parent
surveys and student tallies to design project; also PTA presentation
and PW will participate in annual Walk to School Day;
• Public Works use of community workshops for planning of San Ramon:
RPV neighbors as well as LA mobile home park;
• Public outreach in design of Whitley Collins crosswalk;
• Preserve Trails Plan extensive public input from all user groups;
• Planning staff facilitates bi-annual Neighborhood Advisory Meeting
between Marymount College and surrounding neighborhood groups;
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• Planning Staff facilitates meetings of the Abalone Cove Grant Focus
Group, a group made up of City officials, neighbors and other
interested parties to help steer the design of the public improvements
proposed for Abalone Cove Park. Focus Group meetings occurred on
February 25 and March 25, 2013 and a project update was provided to
the City Council on April 2. Focus group meetings continued on April
29, 2013, June 24, 2013 and August 12, 2013. Staff provided an
update to the City Council on the Focus Group's proposed concept at
its September T meeting. Sid documents will be prepared and this
project is expected to be completed in the summer of 2014.
• Planning Staff facilitates the public outreach process for updating the
Lower Pt. Vicente portion of the Coast Vision Plan. Staff has met on
February 6, April 10, April 24, May 22 and June 26 with interested
parties and stakeholders to identify a conceptual plan for the site that is
consistent with the use and deed restrictions of the property. Staff is
now going to present the draft concept to the National Park Service
and State parks to ensure the concept is consistent with the property's
deed restrictions. The concept plan will eventually be presented to the
general public for feedback at a public workshop.
• Planning staff worked with many interest groups in preparing policy
reports on: Garage Sales, FAR, Hedges, Clean -Up Amendments,
Open Space Hazard and GIS Zoning; and
• Public Works use of City Council workshop to educate community
specific to the geophysics of the Altamira landslide complex including
potential mitigation projects to aid in slowing movement.
• Evaluate City Recreation Programs: Review the current types of recreation
programs offered to the public (Score = 2)
Staff continues to evaluate and adjust recreational programs to meet
the needs of the community. This summer, the R&P Department is
planning the second year of a popular Adult Softball League; a Music
Festival at the Ladera Linda Community Center; a Paddle Tennis
Tournament; a Pet Vaccination and Microchip Clinic; and has
reinstated a Pet Adoption event in collaboration with the Los Angeles
County Animal Care and Control Department.
• Public Outreach Program: Develop and implement a comprehensive program
for 2013 to familiarize residents about City services, resource information
available, public participation opportunities, fiscal and management
accountability, and frequently asked questions.
4) PUBLIC INFRASTRUCTURE
• Infrastructure Funding: Consider a full range of funding options (Score = 12)
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• Staff and San Ramon Subcommittee pursued funding resources for
project with County and City of LA. Debt financing options have been
reviewed with City Council and a reimbursement resolution was
adopted August 21 to allow the city council the discretion in the future
to determine the funding plan including debt financing.
• Mayor and staff lobbied our representatives in Washington DC for
funding for the San Ramon project.
• As described above, the City Council has directed Staff to develop
funding alternatives, including the possible use of Reserves and/or
debt financing, to be presented to the FAC.
• At its meeting on December 18, 2012, the City Council approved an
agreement with Magis Advisors to prepare the financing plan for the
San Ramon Project.
• Tim Schaefer of Magis Advisors has encouraged an overall review of
infrastructure replacement in conjunction with the City's ability to fund
replacement in the future.
• Staff has provided the Finance Advisory Committee with an
informational overview about the development of a citywide
Infrastructure Management Plan ("IMP") and expects to present an
overview of the IMP process at a regular City Council meeting in the
near future.
• Water Quality Flood Protection Storm Drain User Fee set to maximum
rate by City Council on August 6, 2013.
- Portuguese Bend Landslide: Roadway maintenance, dewatering wells
(Score = 6)
• Current budget provides funding for new dewatering well (Abalone
Cove);
• City Council, in conjunction with Staff, conducted a landslide workshop
July 31 that reviewed the geology of the landslides, previous mitigation
measures and summarized possible future mitigation measures; and
• City Council directed Staff to bring back a report that further defines
the possible future mitigation measures, summarizes the costs and
prioritizes the projects — staff report to City Council is anticipated in
October/November.
• December 2012 report on landslide projects and costs received by City
Council.
• Staff is requesting landslide projects funding in the 2013-14 budget to:
install 2 new dewatering wells, rehabilitate 1 existing well, and to
straighten PVDS at the eastern entrance to the landslide.
• Design is underway to straighten the eastern entrance to the landslide
along Palos Verdes Drive South.
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Other dewatering well rehabilitation projects are expected to be
included in the 5 year Capital Improvement Program.
• Citywide Sewer Maintenance: Review maintenance program, schedule and
projects (Score = 6)
• Abalone Cove Sewer Lift Station repairs are complete;
• Harris & Assoc. revised Citywide Sewer Report on needs and
maintenance;
• Currently reviewing sewer maintenance efforts with LADPW; and
• Reviewed sewer maintenance efforts with LADPW, anticipate reporting
finding with projects in Spring 2013.
• Meeting with Harris & Associates in March to update report.
• Met with AKM Consulting Engineers in March to discuss the needs of
the sewer system in Abalone Cove. AKM to provide a proposal to
evaluate the system and make recommendations with cost estimates
for repairs.
• Staff has recommended the inclusion of several sewer line
replacement projects in the FY13-14 budget.
• Staff expects to include other sewer line replacement projects in future
years of the 2013 Capital Improvement Program.
• Citywide Storm Drain Maintenance: Review maintenance program, schedule
and projects (Score = 5)
• PW Storm Drain Master Plan Update underway;
• 2012 Storm Drain Lining Projects construction in progress, completion
anticipated in June. Additional scope added to structurally rehabilitate
large diameter pipes and add pipes in need of immediate repair;
• Storm Drain Lining Project awarded April 17, 2012.
• Completed construction of Ronsard to Stokowski storm drain
improvements;
Completed emergency project to restore drain facility in PB Landslide;
o Awarded GPS mapping contract for storm drains on east side of RPV;
• Completed improvements to Miraleste Plaza storm drain system —
NOC filed Dec 2012;
• Catch basin cleaning for FY 2012-13 completed. Over 32 tons of
debris removed;
Design of improvements to San Pedro Canyon drainage system
underway;
• Completed Mossbank extension runoff improvements in Nov 2012; and
• Design of storm drain improvements along PVDS at Terranea Way
complete, construction pending Spring 2013.
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SS1-11
• Design of storm drain improvements under PVDE underway for
inclusion in PVDE Arterial project, currently scheduled for construction
in Summer 2013.
• City, in league with other South Bay cities, awarded a grant to install
remaining catch basin inserts in Machado Lake drainage area. Design
and MOU development underway for anticipate construction in
Summer 2013.
• Awarded construction contract for improvements to Miraleste Plaza
storm drain system — const begins Sept 2012;
• Awarded contract for catch basin cleaning for FY 2012-12 — begins
Sept 2012;
• Design contract awarded for improvements to San Pedro Canyon
drainage system;
• Design underway for Mossbank extension runoff improvements; and
• Miraleste Plaza storm drain system, catch basin cleaning, design of
San Pedro Canyon drainage projects, and the Mossbank extension
improvements are substantially complete.
• PVNET has recently acquired a user license for participating in the Los
Angeles Regional Imagery Acquisition Consortium (`LAR -IAC") that
includes access and unlimited use by City staff and its vendors.
Access to LAR -IAC will enable further development of the storm drain
management plan, while the City further considers its own participation
license in LAR -IAC.
• Design is underway to re-route a storm drain on the 30200 block of
Palos Verdes Drive East.
• PVDS @ Terranea Way project completed in Jul y 2013.
• 2012 Storm Drain Lining Project, including over 4,400 linear feet of
CIPP lining and over 1,100 linear feet of spin -cast concrete lining,
completed in July 2013.
• Energy Audit of City Facilities: Provide update of grants and completed
projects (Score = 3)
Met with Contractor re: audit of City facilities; determined PVIC and
Hesse potential candidates for Auto Demand Response program. The
City enrolled in SCE's Enterprise Energy Management cost savings
program. As part of the Energy Leader Partnership Program, the City
qualified for Silver Status. An Energy Action Plan (EAP) was prepared
for the City and submitted to SCE for review. On April 4, 2013, the City
was notified that its EAP was approved, thus moving the City to Gold
Status which will increase the City's energy cost savings.
In July 2012, Staff met with Greg Stevens, a consultant who works on
behalf of the South Bay Environmental Services Center (SBESC) to
begin a full energy audit of the City's Municipal buildings. Mr. Stevens
reviewed the City's energy and gas bills over the past 12 months and
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SS1-12
conducted site visits to each City facility. The audit will document the
existing lighting, HVAC, building envelope and insulation inventory for
each facility and will identify energy upgrade opportunities, associated
costs for upgrades, potential rebates, future payback, HVAC and solar
systems for the City Hall campus. The City has received the audit for
City Hall and is awaiting the audit for the other City facilities.
• Staff will recommend initiating a city-wide street lighting inventory,
audit and analysis in September 2013. The audit will document all of
the City owned street light infrastructure and provide a comparison to
SCE's current billing data. Additionally, this process will potentially
improve street lighting efficiency, reduce costs while pursuing "Green"
solutions moving forward.
• County Sewer Pump Station at Western Avenue & Avenida Aprenda: Identify
issues to be addressed, encourage LA County Sanitation Districts to
complete work (Score = 1)
PW staff is in communication with County to complete and restore the
work site; and
The construction was scheduled for completion by December 31,
2012, but a few of the final aspects of the project, including the final
paving of the Palmeras Place cul-de-sac, have been delayed and so it
is now expected to be complete in early 2013.
CalWater Facilities within Portuguese Bend Community: Meet with CalWater
to ensure the safety of water lines and other infrastructure in active landslide
area (Score = 1)
• Cell Sites in Public Right -of -Way: Explore options to provide better visual
screening (Score = 0)
• Staff presented a legal refresher to the City Council on February 19,
2013.
• Staff is exploring the idea and feasibility of a Wireless Masterplan or
equivalent document to help develop a comprehensive inventory of
existing cell sites, establish design guidelines and to help mitigate
visual impacts created by the increasing number of cell antennae
proliferating in the public right of way.
• Staff is closely monitoring current and past applications to reduce and
mitigate visual/ view impacts created by cell site equipment.
• Citywide Street Maintenance: Review street maintenance program (Score =
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SS1-13
• PW staff continually implementing Pavement Management Program,
largely on schedule for residential and arterial street paving projects.
Arterial rehab of PVDS is completed Will begin plan preparation for
Palos Verdes Drive East. Design of the next residential rehabilitation
project (Area 3 & 5) is nearing completion. Construction is expected to
commence in about 3 months.
• Construction for PVDE roadway rehabilitation will commence Summer
2013. With the anticipated impacts, the summer months will be the
ideal time to construct the improvements. Further, due to the heavy
construction at Marymount College and San Ramon Canyon, it is best
to delay the roadway rehabilitation until after Marymount College
completes most of their improvements. The switchbacks area of PVDE
will be removed from the project scope until after completion of the San
Ramon Landslide Stabilization project is completed.
• The Residential Roadway Rehabilitation Project (Areas 3 & 5) will
commence construction around January 2 (weather permitting). A
construction contract has been awarded to Hardy & Harper and project
details are being worked out.
• The residential Roadway Rehabilitation Project (Areas 3 & 5) has
commenced construction. Phase 1, consisting of pavement and
concrete repairs and root pruning is currently underway. Phase 2
which is the actual resurfacing will commence in about 3 weeks.
5) GOVERNMENT EFFICIENCY, FISCAL CONTROL AND TRANSPARENCY
Evaluate "Core" City Services: What services do citizens really want from the
City? (Score = 11)
• Full Transparency of Financial Information: Improve public access to City
financial information (Score = 10)
The following information is now posted on the City website and easily
identified for citizens:
■ Employee Salary Rates
■ Employee Salary Ranges
■ Adopted Pension Revision that was implemented in September
2011, including employee's assumption of remainder of 8%
share of contribution immediately saving the City 1.5% of
compensation and establishing a 2nd tier for new employees (in
process)
■ City Manager Employment Contract
■ Employee W-2 Wages for 2010, 2011 and 2012.
■ Employee Salary Survey of Market Area
■ RPV Staffing Levels and Cost, Comparing to other South Bay
Cities
■ Full -Time Employee Benefits
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SS1-14
■ Personnel Rules
■ CalPERS link to Facts vs. Myths re: Pensions
■ State Controller's Certificate of Compliance
■ All agendas, staff reports and minutes of the Oversight Board of
the Successor Agency of the RDA are prepared by Staff and
posted on the City's website
■ All monthly cash balance reports and payment warrant registers
are available
■ All financial reports, including the budget, CIP, 5 Year Model,
CAFR (with audited financial statements) and midyear financial
report
■ Establishing a Council policy for banking procurement, possibly
leading to a competitive process for banking and merchant credit
card services
■ Coordinated a review by the FAC of the alternative methods for
obtaining and/or estimated the City's unfunded pension liability
culminating in a report to the City Council on June 19th
• Improve Organizational Efficiency: Run a "tight ship," conduct performance
audit of City staffing & programs, analyze "needs" vs. "wants," consider
increased use of volunteers (Score = 10)
• Identified opportunity to augment crime prevention neighborhood
patrols by using Lomita Station "Volunteers on Patrol" hours.
• Council received a presentation on regarding the Matrix Citywide
Organizational Assessment Report on April 16, 2013, and directed the
Compensation Subcommittee to consider, with input from the City
Manager, the creation of an overall plan, and an implementation plan,
to address the proposed study recommendations over time, and return
to the Council with the suggested plan at a future meeting within 90
days.
• Staff and PVNET, its current IT provider, are proceeding with the 2012
upgrade of the IT system, leading to improved energy and IT network
support efficiencies, cost savings, standardization of software and
desktop computers, improved remote access for users and video-
conferencing capabilities. Use of Office 2010 has been implemented,
following instructor -led classroom training and weekly introductory
workshops. Call handling design for the VOIP system is -ongoing.
Installation of replacement desktop computers is expected in January
2013.
• Completed replacement of the Main Page of the City's website,
including new features like Spotlight, City News & Events, topical scroll
bar and revisions of the drop-down menu that are now consistent with
other California cities.
• Recently Integrated texting and Twitter into the City's emergency
notification listserver system.
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SS1-15
Conduct a Business Survey: Staff to prepare a survey, with the assistance of
the Chamber of Commerce or other organizations with similar experience and
expertise, to assess what the City can do for businesses and how can the
City be a better partner with businesses. (Score = 4)
• While not intended to fulfill this goal, Planning did conduct a small
survey of businesses in conjunction with proposed mixed zoning at
Golden Cove.
• Council Liaison to Advisory Boards: Consider whether each City advisory
board should have a designated City Council liaison (Score = 4)
• Review of Existing Contracts/Consultants: Review all contracts and consider
formal bid process, review City's use of consultants, ensure that consultant
work product is actually used, review IT/PV on the Net (Score = 3)
• Staff Analyst has prepared a comprehensive list of contracts, value
and term in order to aide in the process of determining new bids to be
undertaken.
• Public Works maintenance is working on bid proposals to lower cost
and increase services.
• Evaluate Development Review Process: Review fees, expand lower -level
decision making, streamlined review processes, etc. (Score = 3)
• Create a City Business Forum: Include City Council and Staff (Score = 1)
Staff is an active participant in the PVP Chamber of Commerce's
Economic Development Committee and the South Bay Cities
Economic Development Roundtable. Staff is developing a page on the
City's Website to act as a business forum for receiving feedback from
City businesses and for disseminating information to City's businesses.
In addition, Staff participated in the PVP Chamber's "Community
Showcase and Job Fair" on September 29, 2012.
• Evaluate View Restoration Process: Re-evaluate ordinance and procedures
(Score = 1)
• Evaluate Employee Compensation: Review salary, benefits & pension
(Score = 0)
RPV Chamber of Commerce: Focus on developing RPV businesses, possible
"subset" of existing Peninsula Chamber of Commerce (Score = 0)
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SS1-16
• Evaluate City Tree Review Process: Re-evaluate ordinance and procedures,
try to preserve existing street trees (Score = 0)
• Analyze various methods of generating revenues for the City: Analyze various
methods of generating revenues for the City, efficiency improvements and
expenditure reductions;
The task is in process. The FAC has nearly completed its review and
Staff expects to provide a report to the City Council soon.
Update the Committee's Memorandum to the City Council dated April 25,
2012 and titled "Calculation of the City's Unfunded Pension Liability": Receive
the 2012 CalPERS Actuarial Valuation Report, update the Committee's
Memorandum to the City Council dated April 25, 2012 and titled "Calculation
of the City's Unfunded Pension Liability", and consider any other pension
related issues which City Council may direct;
• The task is completed. Staff expects to provide the FAC's report to the
City Council soon.
• Conduct a competitive bid process for banking services.
• This task is in process and is expected to be completed in early May
2013.
Implementation of the recommendations made by NexLevel regarding IT
(including formalizing a Strategic Plan, installation of a help -desk incident
tracking & metric system and conducting quarterly internal IT meetings with
departments).
• The task is in process; however, Staff needs to complete the 2012 IT
Upgrade prior to proceeding with implementation in 2013.
« Conducting the competitive process for all IT services.
The task is in process; however, Staff needs to complete the 2012 IT
Upgrade prior to proceeding in 2013.
• Implementation of the replacement accounting system (replacement was
high-priority recommendation by Management Partners in 2008.
• The task is in process.
6) PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
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SS1-17
• Shared Use of PVPUSD & City Facilities: Coordinate with the school district
to share active recreation facilities (Score = 11)
• Staff is currently working with the School District to complete a draft
Memorandum of Understanding regarding the public recreational
access to the newly completed pool at Peninsula High School.
• Eastview School District Issue: Consider whether to resume efforts to resolve
disenfranchisement of Eastview residents regarding PVPUSD issues (Score =
2)
7) WESTERN AVENUE CORRIDOR ISSUES
• Western Avenue Commercial Corridor_ Evaluate & integrate existing Western
Avenue specific plans, SCAG grant proposal, City Municipal Code and other
programs for future discussion and goal -setting; SCAG grant status
tentatively agendized for 1/17/12 meeting (Score = 10)
• A new Western Ave Corridor Vision Plan is being developed by a land
use consultant as part of the $100,000 Compass Blueprint grant
awarded to the City by SCAG. The plan is intended to improve the
aesthetics, economic development opportunities and traffic within the
commercial corridor. An advisory committee made up representatives
of local residential neighborhoods, businesses, the City of Los Angeles
and Caltrans has helped guide the effort.
• Western Avenue Improvement: City "gateway," improve aesthetics (Score =
7)
The Western Avenue Vision Plan Advisory Group held its kick-off
meeting on August 22, 2012. One of the primary goals identified by the
Group was to make Western Avenue more of a City "Gateway" through
streetscape beautification, increasing the walk ability, improving the
pedestrian and bicycle experience and creating incentives for
businesses to renovate their buildings. A Draft Concept Plan was
presented to the Advisory Group in November 2012 and input was
received. A refined Draft Concept Plan was presented to the Advisory
Group in February and input was received. The Draft Concept Plan
was presented to the general public at a public workshop on April 20,
2013. The Concept Plan was presented to the City's Planning
Commission for feedback on May 28 and to the City Council for
feedback on July 16. Based on City Council feedback, the Plan will be
modified by the City's consultant before being brought back for final
approval.
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• Ponte Vista Project in San Pedro: Monitor and evaluate development
proposal for Ponte Vista site, focus on traffic impacts (Score = 5)
• Project updates monitored by staff and presented in Border Reports.
8) INTERGOVERNMENTAL ISSUES
• Monitor Actions by the State of California: Staff to inform the Council of
actions by the State Legislature or State agencies that may adversely impact
the City or our residents (examples: unfunded mandates, tax/revenue
changes.
9) SOUTHERN CALIFORNIA EDISON ISSUES
• SCE Infrastructure Safety & Reliability: Confer with SCE to ensure the safety
of electrical lines (Score = 9)
• RPV staff participated in Peninsula -wide workshop held by SCE in
February where we demanded and received a comprehensive
planning document for improved electrical service reliability.
• In-depth report and presentation on SCE issues and recommended
actions to Council July 17 and follow up report by SCE given on Dec.
4.
Report on infrastructure improvement project was provided by Marvin
Jackmon. Approximately 160 poles will be replaced on the City's east
side as phase 1 of the project. The work is anticipated to be complete
by the end of July this year.
10) CITY TRAIL SYSTEM ENHANCEMENT
• Trail System Enhancement: (Score = 9)
In October 2012, the Council approved amendments to the preserve
trails system which is managed by the PVPLC. Council also directed
that further analysis of safety considerations be undertaken. The Final
Preserve Trails Plan was incorporated into the Preserve's Public Use
Master Plan (PUMP) which was approved by the City Council on April
2, 2013. On June 1, 2013, the City Council approved participation in
the PVPLC's Volunteer Trail Watch Program to improve trail use
enforcement in the Preserve. Training for the program's volunteers
was completed and the program is underway.
Planning and Public Works Staff have identified projects to enhance
certain trails outside of the Preserve (Salvation Army, Bronco,
Martingale, Grayslake and Lower Hesse Park).
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SS1-19
• As directed by the City Council on January 15, 2013, Staff has reached
out to the other Peninsula cities to identify any inter -jurisdictional trail
issues and has begun reporting the status of any said issues to the
City Council on a quarterly basis. The first report was provided to the
City Council on May 22, 2013. The next report is currently being
prepared.
• Public Works began construction of the California Coastal Trail in June
2013. Construction is scheduled to be completed in September 2013.
• Public Works is scheduled to begin construction of the Salvation Army
Trail connection in October.
• Public Works is preparing a grant application that will be submitted to
LA County in September 2013 to receive funds for construction of the
Sunnyside Ridge trail segment.
COMPLETED GOALS or TASKS SINCE 2012:
City Dog Park — The temporary dog park was constructed at Point Vicente
Park/Civic Center and officially opened on November 8, 2012. The City will
continue to support a regional dog park location.
City Skate Park — Completed, due to the planned location of a Peninsula
park in Rolling Hills Estates.
City Dog Beach — The trial period and Council policy action was completed.
Peninsula -Wide Park Support of City Parks — Staff outreach was part of the
Dog Park and Skate Park discussions with Peninsula cities.
Overview of Current Business Environment — Staff (Rojas) presentation to
Council March 6, 2012.
Review City Fees — Completed review of fees and staff (Rojas) covered in
presentation to Council on March 6, 2012.
Evaluate Business Fees — Completed also on March 6, 2012.
Streamline Business Openings — Completed also on March 6, 2012.
Zero -Based Budgeting — Expanded menu of discretionary funding items for
Council budget workshop June 19, 2012.
Support of Local Businesses — Completed with staff presentation March 6,
2012.
Enhance General Fund & CIP Reserves — Presented to Council June 19,
2012.
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SS 1-20
Prepare a Fiscal Health Statement — Presented FAC statement to Council
on January 15, 2013.
The following goals were not included on the final adopted list because they
are already under review or scheduled on the Tentative Agenda:
• Civic Center Master Plan: Staff to present all information about the Civic
Center project prepared to date to the City Council and the public within 60
days; City Council may then refer to PC and/or FAC for recommendations.
• Sheriff's Department Community Outreach: Consider Deputies' attendance at
HOA meetings
• Monitor Traffic Safety Commission Activity: Review & evaluate effectiveness
of flashing lights at crosswalks
• Animal Control: Review contract with County Animal Control, trapping of
wild/nuisance animals and road -kill disposal
• Review Fire Protection Services: Ensure weed abatement is sufficient on
City's open space properties
• Rancho LPG Butane Tanks in San Pedro: Reconsider position on the removal
of tanks?
• Terranea Resort: Evaluate fees and process for use of City Hall for off-site
Parking
• Current Park Improvement Initiatives: Provide City Council overview of status
of current projects (i.e., Lower Hesse, Grandview, Abalone Cove grant, ADA
upgrades, etc.)
• Status of Redevelopment Agency: Staff to brief City Council on status of RDA
in light of recent State Supreme Court decision
• Beautification (Recycling) Grant Program: Reinstate the Beautification
(Recycling) Grant Program, review City policy, consider disbursement on
basis of best use/need, possibly focus on Hawthorne Boulevard or other
major corridors.
• Temporary Non -Commercial Banner Program: Re-evaluate aesthetics of
current banner sign "backdrops"
City Council Goals & Priorities rev. 9/17/13
Page 17 of 18
SS1-21
• Aircraft Noise Impacts: Monitor FAA airspace proposal for Long Beach
airport, monitor helicopter flight paths from Torrance airport
• Re -Evaluate "No Solicitation" Ordinance: Review solicitation regulations and
alternatives; tentatively agendized for 4/3/12 meeting
• Public Feedback via City Website: Revise City website to provide enhance
opportunities for public feedback, opinion surveys, etc.
• Town Hall Meetings: Consider establishing a regular schedule of "town hall" -
style meetings
• Regular City Council Meetings; Reduce duration of meetings, length of Staff
reports
City Council Goals & Priorities rev. 9/17/13
Page 18 of 18
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CITYOF O RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: SEPTEMBER 17, 2013
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA**
Attached. are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No. Description of Material
SS2a Email from Sharon Yarber
Emails from: Dr. Patrick and Julie Kelsey; Stephanie
Kennedy
F Email exchange between Staff and Lenee Bilski; Emails
from Lenee Bilski; Dena Friedson; Agreement for Purchase
and Sale of Real Property and Joint Escrow Instructions( Ya
Yi May); Agreement for Purchase and Sale of Real Property
and Joint Escrow Instructions (Angeles LLC); Reciprocal
Easement and Maintenance Agreement (Angeles LLC)
Respectfully submitted,
pz
Fr6,Fw/1 5 "L�/
Carla Morreale
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, September 16, 2013**.
W:\AGENDA\2013 Additions Revisions to agendas\20130917 additions revisions to agenda.doc
From: sharon yarber <momofyago@gmail.com>
Sent: Monday, September 16, 2013 10:15 PM
To: CC
Cc: Carolyn Lehr
Subject: Trash Cans and Property Acquisition
Dear Council,
I was happy to see the Mayor propose a future agenda item re: trash cans in our City. A few years ago, right
after the new contract went into effect, I wrote to the Council to complain about the fact that (i) once a week
collection required larger, unwieldy and often difficult to store containers, and (ii) the requirement of placing
the bins in the street, instead of at curbside, significantly reducing street parking and, frankly, making our City
look undesirable. I was met with ridicule by then Council Member, now Judge, Stern.
The fact of the matter is, reducing the number of hours our streets can be cluttered is a step in the right
direction, but woefully inadequate to address the degradation of our community resulting from the switch from
our prior trash hauler. I know we are now stuck with a long term contract, but please do not renew it, at any
price (or with any price concessions) and when the contract is up let's go back to twice a week pick up at least
with a hauler who will allow bins to be placed on driveways and sidewalks. This will reduce stench that
emanates from trash accumulating for a week, and heaven forbid for two weeks if the owner happens to forget
to put out their trash or be out of town, and will not adversely impact street parking access.
Many properties in RPV do not have sideyards large enough to put the bins outside of view, and this has
resulted in lots of bins being out front instead of in the sideyards of homes. What can you do about that? Force
people to remodel to accommodate trash cans? I think not.
PVE has it right. NO trash cans ever. I would pay extra for that. Instead of the Council deciding what the people
want, why not have a survey (that would be a good use of the quarterly newsletter) and see if others are like-
minded and would pay extra to have what PVE has - a community that does not look disgraceful on trash day
(and the days leading up to and a few days following). I see too many people just leave the green bins, in
particular, out after the gardener comes. And since we only have pick up once a week we need more bins than
would otherwise be needed. Some people put 5 humongous bins in the street weekly.
Now - as far as the purchase of the properties on Montemalaga Drive is concerned: First, this should NOT be a
consent calendar item. This has never been agendized, except as a Closed Session matter. No negotiations
should have been conducted until the residents agreed that this property should be acquired by the City.
This property is essentially worthless. I think the staff believes that as long as federal funds are used, it's OK to
just go out an buy property for open space. As I have said before and will say again, whether funds are federal,
state, county or city they are all TAXPAYER dollars and waste at any level of government is unacceptable. The
fact of the matter is (i) the property already is and will remain open space because it is largely zoned Open
Space Hazard and the cost of development would be prohibitive, (ii) we do not need to take on the
responsibility for brush clearance of this property, and (iii) we do not need the liability for injuries occurring
there. The current owners pay for brush clearance now and the City does not require an easement to clear it if
the owners fail to do so. Through the exercise of police power, the City can clear the property if the owners fail
to do so and impose a lien on the property to recoup the cost of same. I am sure the City could acquire, by
0 5 5,:;), a.,
condemnation if necessary, an easement to take care of whatever drainage issue is posed as the ruse for
requiring fee title.
If you really want(ed) to spend money for open space, habitat preservation and view preservation it would have
been far better to have negotiated with Raju Chhabria to acquire the lot at Crest and Hawthorne that is now
occupied by yet another Chase office.
Once again, this matter is another example of why our whole agenda process if flawed. Staff has been working
for who knows how many months on this deal, and I finally got to open the staff report Friday evening after
work at which point I promptly sent an email to Joel Rojas asking for a copy of the appraisals that support the
purchase price. Needless to say, I did not hear from him over the week -end, received a response this afternoon,
and will pick up a CD tomorrow morning. This is not adequate time for residents to receive, review, analyze
and digest agenda items.
This may or may not be a good idea - the jury is out, though I lean toward not buying the property as I see no
need to do so. I also think that the parcel that the Dr. Giani wants to retain should also have been appraised as
that property is the one that, if developed, will block views.
Please table/postpone this matter until at least the next Council meeting to give residents a chance to get better
informed about the whole matter.
And again, this should NOT be a consent calendar item. This is a violation, again, of the Rules of Procedure that
require that matters on the Consent Calendar have been previously agendized and acted upon by Council. Please
comply with your own Rules that we struggled so hard to "improve".
Sharon Yarber
191
From: Amy Seeraty
Sent: Tuesday, September 17, 2013 11:25 AM
To: CC; John Alvarez
Cc: Joel Rojas
Subject: FW: City Council Meeting Tonight
Please see the correspondence below.
Amy Seeraty
Associate Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.palosvibrdes.com/rpv
amys(a rpv.com - (310) 544-5228
From: Stephanie Kennedy[mailto:stephanie@regencyoutdoor.com]
Sent: Tuesday, September 17, 2013 11:23 AM
To: Amy Seeraty
Cc: Joel Rojas
Subject: RE: City Council Meeting Tonight
September 17, 2013
Susan Brooks, Mayor
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Dear Honorable Mayor;
I lend my support to the ordinance however, with two exceptions that are crucial and in follow up of my formal
complaint below which included my submission Pasadena's Tree Ordinance which models respect of the community and
allows for Preservation of Trees over 50 years old, Pasadena's Ordinance in general is a great alternative ordinance to
Rancho Palos Verdes and should be implemented in lieu of the present City Tree Review Policy CRTP and ordinance of
Rancho Palos Verde.
I am against the proposed CTRP, and staff's recommendations; selection review of 20 homeowners, and request fifty
(50) homeowners review and the range of 300-500 ft., radius rather than a consistent five hundred (500) feet radius, not
allowing the staff to make decisions at their discretion rather than the homeowners and due to Rancho Palos Verdes
unique varied terrain and geography five hundred feet would encompass and assure input from residents.
Our Trees do not just acted as beauty for the landscape, but salvage our terrain, have been barriers and have saved life
of many drivers historically.
March 3, 2013 Formal complaint
This letter is a formal complaint on the removal and cutting down of Eight (8) historical trees adjacent to the South Side
of Palos Verde Drive East, South of Corsini Place, Rancho Palos Verde as divesting impact on the community. I am against
the removal the historical trees on one of our main arterial of Rancho Palos Verde, and setting a precedent for the entire
area.
I would hope this would never happen without the proper approvals and I would like you to assure me that all
requirement of the view ordinance were appropriately met. In general, in follow of your speech at a homeowners
meeting, and now as Mayor, you understand the trees and pathways should have been historically preserved, as you
know, Rancho Palos Verde East is a major roadway of Rancho Palos Verde and part of the ambiance of our area.
I write as a homeowner of almost forty (40) years, having three homes in Rancho Palos Verde and a patron of our
environment. Why was I not notified of the removal of these historical tree as per regulation? I ask why, were all the
historically trees removed and not trimmed?
Respectfully,
Stephanie Kennedy
Stephanie@RegencyOutdoor.com
NOTICE: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for
the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not
the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have
received this communication in error, please immediately notify the sender by return e-mail, and delete the original
message and all copies from your system.
From: Amy Seeraty [mailto:AmyS@rpv.com]
Sent: Tuesday, September 17, 2013 8:51 AM
To: Amy Seeraty
Cc: Joel Rojas
Subject: City Council Meeting Tonight
Hello Everyone -
I realize that this is last .minute, but just in case you were not aware, I wanted to let you know about an item on
the City Council agenda this evening. It is an amendment to the Municipal Code dealing with noticing for City
Tree Review Permits, which was prompted by the issues raised by City Tree Review Permit (CTRP2012-
00025), which dealt with several pepper trees and pine trees on Palos Verdes Drive East. If you have any
comments regarding this item, please email them to cca-rpv.com today and they will be attached to the Staff
Report this evening. Please see links to the current City Council Agenda and Staff Report below for more
information. Thank you.
City Council Agenda:
http://www.palosverdes.com/rpv/citycouncil/agendas/2013 Agendas/MeetingDate-2013-09-17/
Staff Report:
http://www.palosverdes.com/rpv/citycouncil/agendas/2013 Agendas/MeetingDate-2013-09-
17/RPVCCA CC SR 2013 09 17 01 City Tree Review Permit.pdf
Sincerely,
Amy Seeraty
Associate Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.palosverdes.com/rpv
amysa-rpv.com - (310) 544-5228
0
From: L. Bilski <Idb910@juno.com>
Sent: Tuesday, September 17, 2013 3:02 PM
To: CC; Carla Morreale; PlanningCommission
Subject: Fw:from National Park Service RE: 9/17 Consent Calendar item F and agr icultural use
of Pt. Vicente land
Attachments: 20130314 -E -mail -Re- Agricultural Use at Upper Point Vicente, Rancho Palos Verdes.pdf
Well, it seems there is a written record regarding Upper Pt. Vicente and the Hatano issue!
I hope you have time to read the attached message from David Siegenthaler at NPS before the meeting tonight.
Thank you. Lenee Bilski
Please note: forwarded message attached
From: Kit Fox <KitF@rpv.com>
To: "L. Bilski" <1db910@juno.com>
Cc: Joel Rojas <JoelR@rpv.com>, Carolynn Petru <Carolynn@rpv.com>, Carolyn Lehr <clehr@rpv.com>,
"Susan Brooks <Subrooks08@gmail.com>" <Subrooks08@gmail.com>, Carla Morreale <CarlaM@rpv.com>,
Teresa Takaoka <TeriT@rpv.com>
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Tue, 17 Sep 2013 20:54:53 +0000
Dear Lenee:
Since our e-mail correspondence yesterday, I've been scouring my computer files to make sure that I was not missing a
letter or message from David Siegenthaler. As it turns out, the attached e-mail from March 14, 2013—responding to my
e-mail of March 11, 2013—was misfiled in the wrong e-mail folder. I apologize for not finding this yesterday when you
first inquired about it. I believe that this e-mail is what I was referring to in my oral comments to the City Council at the
March 191h meeting.
Again, let me apologize for this oversight. A copy of this message and attachment will be provided to the City Council as
"Late Correspondence" for Item 'F' at tonight's meeting.
Sincerely,
Kit Fox, AICP
Citi] of Rancho Palos Verdes
(310) 5445226
kitf@rpv.com
From: L. Bilski [mailto:ldb910@juno.com]
Sent: Monday, September 16, 2013 2:12 PM
To: Kit Fox
Cc: Joel Rojas; Carolynn Petru; Carolyn Lehr; Susan Brooks <Subrooks08@gmail.com>; Carla Morreale; Teresa Takaoka
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente I and
01 F
9/16/2013
Thanks, Kit. One more email needed -
Please forward to me, the Council and Joel Rojas Mr. Siegenthaler's written response to your March 11,
2013 inquiry.
Lenee
---------- Original Message ----------
From: Kit Fox <KitF ,rpv.com>
To: "L. Bilski" <1db910gjuno.com>
Cc: Joel Rojas <JoelRna,rpv.com>, Carolynn Petru <CarolynngLrpv.com>, Carolyn Lehr <clerpv.com>,
"Susan Brooks <,Subrooks08ggmail.com>" <Subrooks08(a mg ail.com>, Carla Morreale <CarlaMQlpv.com>,
Teresa Takaoka <TeriTv.com>
Subject: RE: 9/11 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Mon, 16 Sep 2013 20:50:08 +0000
Rear Lenee:
On November 16, 2012, 1 e-mailed Mr. Siegenthaler with NPS about the farm lease issue. He replied via e-mail
(attached), and I included an excerpt from his e-mail response in the December 4, 2012, City Council Staff report (which
was attached to the March 19th City Council Staff report). I had also had a telephone conversation with Mr. Siegenthaler
regarding this issue at about the same time (late November 2012/early December 2012).
On March 11, 2013, 1 again e-mailed Mr. Siegenthaler about this issue (attached), posing specific questions that were
cited in the March 19, 2013, City Council Staff report. At the time that the Staff report was completed and distributed, I
had not heard back from Mr. Siegenthaler (as was stated in the Staff report). However, in answer to questions from the
City Council and as reflected in the Minutes of the March 19th meeting (attached, p. 8), 1 verbally informed the City
Council that I had spoken with Mr. Siegenthaler and that he had confirmed that there was no way to modify the existing
agricultural use to make it consistent with the POU (i.e., without going through the conversion process).
Copies of this reply and the one that I sent to you earlier today will be included at "Late Correspondence" for Item `F' at
tomorrow night's meeting.
Sincerely,
( D2
Kit Fox, AicP
City of Rancho Palos Verdes
(310) 544.-5226
kid @h v.conl
From: L. Bilski [mailto:ldb910(a)juno.com]
Sent: Monday, September 16, 2013 12:27 PM
To: Kit Fox
Cc: Joel Rojas; Carolynn Petru
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Thanks, Kit.
There was no information at all from National Park Service (NPS) regarding staff s questions on this.
You wrote "I have received no additional information from NPS since March 2013" - What information did you
receive? None was provided in the 3/19 staff report.
Please provide the answers from NPS to staffs questions on this item. Thanks.
Lenge
Please note: message attached
From: Kit Fox <KitF@rpv.com>
To: "L. Bilski" <1db910 o juno.com>
Cc: Joel Rojas <JoelR@a rpv.com>, Carolynn Petru <Carol�(& v.com>
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Mon, 16 Sep 2013 18:39:07 +0000
Click to get NetZero DataShield and stay protected from hackers when using public WiFi.
D 3
From: Sieaenthaler. David
To: Kit Eox
Subject: Re: Agricultural Use at Upper Point Vicente, Rancho Palos Verdes
Date: Thursday, March 14, 2013 3:30:36 PM
Hi Kit,
As we discussed by phone, the agricultural use of the Federal Lands to Parks
conveyed parkland does not fit the requirement that the land be used only for public
park purposes. Therefore if the City decides it is more important to continue the
agricultural use than to use the land for public park purposes, it may propose a land
exchange. Another option may be for the City to purchase the portion of the park to
be used for agriculture - in which case the NPS would need to agree to a partial
reversion of the property to federal ownership so Rancho Palos Verdes could
negotiate with GSA for its purchase. The price would be at least the appraised
market value.
Following are the...
Federal Lands to Parks
Land Exchange Requirements
A change in property use can, when fully justified, be accomplished by substituting
alternative new park and recreation lands of equal or greater market value and recreation
value for the land to be released from restrictive use conditions of the deed. It requires
the prior approval of the NPS Regional Director and the GSA. The procedure of
exchanging land requires the following measures to fully protect the public interest:
Documentation needed:
A. Properly authenticated documents from the Grantee evidencing desire to substitute
land of equivalent fair market and recreational value.
B. Appraisal reports for both parcels. Replacement property must be of at least equal fair
market value and of reasonably equivalent usefulness and location.
+ Replacement property: 1) cannot have been previously used as a public park; 2)
if already owned by the Grantee, it must not have been purchased for the
purpose of making it a public park;
(J4
+ the appraisals must be reviewed and accepted by GSA (or the military, if it is a
BRAC disposal property) and NPS.
+ appraisals must conform to the Uniform Appraisal Standards for Federal Land
Acquisitions;
C. Justification including assessment of public recreational utility of the land proposed for
exchange and its replacement. This analysis should include an assessment of public need
and demographics, similar to that provided in the original public benefit application. It
should also reference City, State or other local comprehensive outdoor recreation plans in
its statement of need. Justification must be provided regarding how the proposed new
park(s) will meet an identified need for public park and recreation opportunities.
D. Phase I Environmental Site Assessment of substitute property indicating it is
environmentally safe and not latently contaminated (additional assessment needed if
warranted by Phase I).
E. National Environmental Policy Act Assessment of environmental effects of proposed
release of park and recreation use covenants on former surplus property (potential
impacts from displacement of recreational opportunities, impacts to remaining parkland,
etc. but not including assessment of potential impacts of future uses of the released site),
and assessment of potential impacts of new park development at the replacement
property. A public process and environmental impact analysis must be conducted by the
Grantee - at least equivalent to an Environmental Assessment under the National
Environmental Policy Act, and an Environmental Impact Statement if indicated by the EA.
This compliance should include consultation under the requirements of the National
Historic Preservation Act (§106), analysis pursuant to the Environmental Justice executive
order and Civil Rights Act, and any other federal laws that apply. If replacement property
is contiguous with existing park and the conversion portion is small enough, the action
may qualify under a categorical exclusion.
F. A copy of the State, city, or county recreation map or plan showing the present park
land in relationship to the proposed substitute land.
G. A copy of the legal description for the proposed replacement property and of the
proposed property to be converted if it is to be only a portion of the original grant.
H. The Program of Utilization and a development schedule for each property proposed
for substitution.
I. An official acknowledgement of the requirement to apply, in perpetuity, to the new
property, all restrictions contained in the deed of conveyance of the surplus property.
J. Title history report for the replacement property.
The Deed of Release for the land to be converted to other uses, and the Declaration of
Restrictions to impose Federal Lands to Parks covenants and restrictions on the
replacement property will be drafted by the National Park Service.
Please let me know if you have further questions.
Sincerely,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program
National Historic Lighthouse Preservation Program
Bringing the NPS Mission Home!
On Mon, Mar 11, 2013 at 4:21 PM, Kit Fox <KitF(�i)rpv.com> wrote:
Dear Mr. Siegenthaler:
As a follow-up to my voicemail, I wanted to send you a brief e-mail as well. As
you may recall, roughly 5 acres of our City Hall property has been used for
agricultural purposes since before the City acquired the site in the mid-1970s. The
current lessee wishes to reassign and extend his lease, and this is supported by
our City Council. My questions for you are:
1. Do you see a means by which such a use could be modified so as to be
consistent with the POU, thereby avoiding the conversion process? For example,
do you think that the provision of additional public access, education programs,
site amenities, modifications to the size/area/activities, etc. could be found
sufficient by the Park Service to allow the City to reassign and extend the lease?
2. In the event that the answer to the first question is `ono," what is the process
for initiating the conversion? The City has identified 2 large plots of vacant land (8
acres and 48 acres) for possible acquisition to replace the 5 acres at Upper Point
Vicente to be converted.
As I mentioned in my voicemail, I will be updating the City Council on this matter
next week, and would appreciate a response as soon as possible. Thank you very
much for your assistance.
Sincerely,
Kit Fox, AICD
Senior Administrative Analyst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T. (310) 544-5226
F. (310) 544-5291
E: kitf0- rjmcom
07
From: Lenee Bilski <leneebilski@hotmail.com>
Sent: Tuesday, September 17, 2013 3:11 PM
To: CC
Cc: Joel Rojas; Kit Fox; Carla Morreale; Carolynn Petru
Subject: 9/17 CC Agenda Item F Malaga Canyon properties
Sept. 17, 2013
Dear Mayor Brooks and Council members Duhovic, Knight, Campbell and Misetich,
I am opposed to this land purchase unless and until negotiations are underway with the National Park Service
(NPS) to pursue a conversion ("land swap") of the land at Upper Point Vicente currently being farmed with
this land. Since there is no mention of the conversion in this staff report, I ask that you continue this item to a
future date. The'Staff Report does not address all of the actual issues. We need more answers. That will take
time, but not so much time that the city will miss the opportunity to obtain the federal grant monies!
What happened to the issue of preserving the Hatano agricultural use at Upper Pt.Vicente that was discussed
regarding these properties last Dec. and March??? There's nothing about it in this 109 page staff report!
Where is the staff update on discussions with the NPS to arrange a conversion???
FYI: the Follow-up Agenda for Mar. 19, '13 states:
"Agricultural Use at Upper Point Vicente (Fox)Action Taken:
1) Received and filed the status update on the renewal of the agricultural lease at Upper Point Vicente;
and, 2) Directed Staff to continue the analysis of the process regarding the conversion of the property,
and return with a report at a future Council meeting."
It appears to me that the staff is approaching this purchase in reverse. According to NPS, the conversion
involves review and approval by the NPS to specifically purchase replacement land for the purpose of
conversion. Has this process been done yet? If not, do not purchase land until the conversion process has
been followed. If the City does not pursue a conversion first, then the land purchased could be ineligible for
conversion.
As of now, the City is not in compliance with the contract the city signed for the Pt. Vicente properties. There
is a risk of reversion if the City is not good stewards of the land given by the Federal government. I'm sure no
one wants that! However, if there is no conversion, the historic agricultural use of Upper Pt. Vicente cannot
continue.
In speaking with both Kit Fox and NPS David Siegenthaler, nothing has been done in the last six months
regarding preserving agricultural use of Upper Pt. Vicente. Please direct staff to work on this. Perhaps the
grant monies cited in this staff report could be used to buy the 5+ acres at Upper Pt. Vicente? Just a thought.
Also, the public should be given the opportunity to comment on support of or opposition to any restrictions on
lands that the city is considering buying. Why was this item put on the Consent Calendar?
I hope you will also consider that the General Plan calls for preserving agricultural land use.
Since there is no mention of the conversion in the staff report, here is the section of the March 2013 staff report
O
addressing this issue:
MEMORANDUM: Agricultural Use at Upper Point Vicente
March 19,2013
Page 3
Potential Candidate Properties for Conversion
"Based upon the previous response from Mr. Siegenthaler, leasing a portion of the UPV
property for continued commercial farming would require the City to undertake a
"conversion" process to replace the area of UPV to be leased for the farm with another
property that is suitable for public park and recreation use. The replacement property
would have to be newly and specifically acquired for this purpose, and would need to be
of. .
• Equal fair -market value to the area to be converted; and,
• Reasonably -equivalent recreational use and location to the area to be converted.
At the December 4, 2012, meeting, Sunshine suggested property that the City might
possibly acquire in exchange for the existing farm area. For some time now, the City
has been negotiating with private property owners and the U.S. Fish & Wildlife Services
(USFWS) to acquire additional City open space using Federal grant funds. The two (2)
properties are known Malaga Canyon and North Windport Canyon (see attached aerial
photographs):
• Malaga Canyon consists of roughly forty-eight acres (48 ac.) situated on both
sides of Montemalaga Drive between Silver Spur Road and the City boundary
with Palos Verdes Estates. Areas of the property have scenic north -facing views
of Santa Monica Bay. The canyon also could provide opportunities for passive
outdoor recreational use in the form of trails. The Conceptual Trails Plan
identifies several segments of the Malaga Canyon Trail System in this area.
• North Windport Canyon consists of roughly eight acres (8 ac.) located on the
west side of Hawthorne Boulevard between Locklenna Lane and Ocean Crest
Drive, and abutting the south end of Windport Drive. Areas of the property have
scenic west -facing views of the Pacific Ocean and Channel Islands (similar to the
current farm site). The City purchased the abutting South Windport Canyon
property to the south in 2007, and the property abuts the Agua Amarga Canyon
Reserve of the City's Palos Verdes Nature Preserve to the west. The canyon
also could provide opportunities for passive outdoor recreational use in the form
of trails. The Conceptual Trails Plan identifies two (2) segments of the Lunada
Canyon Trail System in this area.
Staff believes that since both of these candidate sites are natural canyon areas that
have never been developed, they would be ecologically and recreationally superior to
the current farm site, which has been altered through decades of agricultural use. Staff
will continue to work with Mr. Siegenthaler to determine if either of these properties may
be a suitable candidate for conversion. "
reference
http://www.palosverdes.corn/rpv/cilycouncil/agendas/2013 Agendas/MeetingDate-2013-03-
19/RPVCCA CC SR 2013 03 19 03 Upper Point Vicente Agricultural Use.pdf
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Thank you for all you do for RPV!
Lenee BIlski
0
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into this day of
[September], 2013 ("Effective Date"), by and between YA YI MAY, an individual ("Seller"),
and the CITY OF RANCHO PALOS VERDES, a municipal corporation ("Buyer").
RECITALS
(a) Seller owns that certain real property (the "Land") in the County of Los
Angeles, State of California, more particularly described in Exhibit "A" attached hereto and any
and all improvements thereon (the "Improvements").
(b) All rights (including water and mineral rights), privileges, easements,
tenements, rights of way, and appurtenances which benefit or pertain to the Land are hereinafter
referred to as the "Appurtenances".
(c) The Land, Improvements (if any) and Appurtenances are collectively
referred to herein as the "Property."
NOW, THEREFORE, in consideration of the foregoing recitals, and other
consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree that the
terms and conditions of this Agreement and the instructions to First American Title Insurance
Company ("Title Company" and "Escrow Holder") with regard to the escrow ("Escrow")
contemplated hereby are as follows:
1 SALE OF PROPERTY.
Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase
the Property from Seller, upon the terms and conditions herein after set forth.
2. PURCHASE PRICE.
The total purchase price ("Purchase Price") for the Property shall be Four
Hundred Fifty -Five Thousand and No/ 100 Dollars ($455,000.00).
3. ESCROW.
3.1 Opening of Escrow.
Within three (3) business days following the Effective Date hereof, Buyer
and Seller shall open Escrow with Escrow Holder and shall deliver a copy of this executed
Agreement to Escrow Holder. In addition, Buyer and Seller agree to execute, deliver, and be
bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or
other instruments as may reasonably be required by Escrow Holder in order to consummate the
transaction contemplated by this Agreement. Any such supplemental instructions shall not
conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency
between such supplemental instructions and this Agreement, this Agreement shall control.
3.2 Close of Escrow.
For purposes of this Agreement, the "Close of Escrow" or "Closing" shall
be deemed to occur upon, and the "Closing Date" shall be the date of, the recordation of the
Grant Deed conveying the Property to Buyer in the Official Records of Los Angeles County,
California. The Close of Escrow, Closing and Closing Date must occur no later than December
31, 2013. Possession is to be delivered to Buyer at 2:00 p.m. on the date of "Close of Escrow",
in all events vacant and free from all claims to possession or title by third parties.
3.3 Funding Condition.
The Close of Escrow and Buyer's obligations under this Agreement are
conditioned, for the benefit of Buyer, upon the Buyer's receipt of federal funding (as authorized
by the California Wildlife Conservation Board) for the entire amount of the Purchase Price.
Buyer shall use good faith efforts to cause the satisfaction of such condition as soon as
reasonably possible, but in no event shall Buyer's failure to obtain such funding be a breach of
this Agreement.
4. TITLE INVESTIGATION.
4.1 Title Report.
Buyer has received a preliminary title report dated August 1, 2013,
Order No. NCS-480165-SAC4 for a Standard Form CLTA Owner's Policy of Title Insurance for
the Property ("Preliminary Report"), together with copies of all documents relating to title
exceptions referred to in the Preliminary Report ("Title Exceptions"). Buyer hereby approves
the Preliminary Report and Title Exceptions, subject to Section 4.2 below.
4.2 Monetary Title Exceptions.
It is understood and agreed that, notwithstanding Section 4. 1, any
encumbrances, security interests, liens, deeds of trust, and/or mortgages which secure, in whole
or in part, any monetary indebtedness not arising by, through or under Buyer shall be deemed to
be disapproved, and shall be paid off, satisfied, released, and/or discharged by Seller (or insured
over by the Title Company) at or prior to Closing. Seller agrees to execute any agreements
(including indemnity agreements) in favor of the Title Company and deliver such other
documents to the Title Company as may be reasonably required by the Title Company to remove
recorded Documents 79-924702 and 81-708021 ($39,999 deed of trust dated in 1979 and
assignment thereof) as exceptions to title so that Buyer's title policy can and will be issued
without such exceptions.
4.3 Title Policy.
Seller shall cause the Title Company to issue its Standard CTLA
Owner's form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price
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showing good and marketable title to the Property vested in Buyer subject only to the exceptions
to title approved in Section 3.1 but with no exceptions to title for any liens (as required by
Section 4.2).
5. SELLER'S DELIVERIES.
Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for
delivery to Buyer at Closing the following:
(a) A duly executed and acknowledged Grant Deed;
(b) A Certification of Non Foreign Status (FIRPTA Affidavit); and
(c) Any other document provided for herein, or reasonably required by
Escrow Holder.
6. BUYER'S DELIVERIES.
Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited
into Escrow, to be delivered to Seller upon the Closing, the following:
(a) The Purchase Price;
(b) A Certificate of Acceptance for the Grant Deed; and
(c) Any other document provided for herein or reasonably required by Escrow
Holder.
7. TAX WITHHOLDING• AUTHORIZATION TO RECORD
DOCUMENTS AND DISBURSE FUNDS.
Escrow Company shall withhold a portion of the purchase price under
California Revenue and Taxation Code Section 18662 and shall otherwise comply therewith (as
well as with Section 15.17 below regarding reporting under IRC Section 6045(e)).
Escrow Holder is hereby authorized and directed to record and/or deliver
the documents and disburse the funds called for hereunder, subject to the above withholding and
payment of costs and expenses as provided for herein and otherwise pursuant to the written
closing instructions, if any, of Buyer and Seller delivered prior to Closing, provided each of the
following conditions have been or will concurrently with the Close of Escrow be fulfilled:
(a) Title Company has committed to issue to Buyer the Title Policy with
liability equal to the Purchase Price, in accordance with Section 4.3 above;
(b) Seller shall have deposited in Escrow the documents and instruments
required of it under Section 5;
(c) Buyer shall have deposited into Escrow the documents, and instruments
required of it under Section 6;
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(d) Escrow Holder has received any documents necessary or proper for the
issuance of the Title Policy referred to above.
8. COSTS AND EXPENSES.
The Seller shall pay one-half of the Escrow Holder's Escrow fee and that
portion of the premium for the title policy equal to the cost of a CLTA standard coverage title
policy in the amount of the Purchase Price, plus the cost of any endorsements obtained in
connection with Disapproved Exceptions. The cost of any endorsements requested by the Buyer,
shall be borne by the Buyer. Buyer agrees to pay all other usual fees, charges, and costs which
arise from Escrow.
9. PRORATION.
The following prorations shall be made between Buyer and Seller by
Escrow Holder at the Close of Escrow, computed as of the closing date:
9.1 Taxes.
Seller shall pay all property taxes for the tax bill period in which
the Closing occurs (i.e., January 1 through June 30, or July 1 through December 31, as
applicable), and Seller acknowledges that since Buyer is exempt from property taxes, Seller may
secure a refund of the property taxes paid by Seller for the portion of such "tax bill period"
during which Buyer will own the Property, but there shall be no increase in the funds required to
be deposited by Buyer into escrow due to property taxes. Special taxes, and assessments shall be
prorated as of the Close of Escrow based upon the latest available tax information. Seller shall
be responsible for all special taxes and assessments accrued against the Property to and including
the day prior to the Close of Escrow based upon payment of such assessments in installments to
the greatest extent permitted. Unless any special tax or assessment payment or installment
specifies the time period for which such payment is owed, it shall be presumed that such
payment is for the full year immediately preceding the day upon which such payment is due.
10. WAIVER BY SELLER.
SELLER KNOWINGLY AND VOLUNTARILY WAIVES THE
FOLLOWING RIGHTS: THE RIGHT TO SEEK ANY COMPENSATION FOR THE
ACQUISITION OF THE PROPERTY IN ANY AMOUNT GREATER THAN THAT SET
FORTH IN SECTION 2 HEREIN; THE RIGHT TO CLAIM RELOCATION BENEFITS OR
ASSISTANCE; THE RIGHT TO CLAIM DAMAGE OR INJURY TO BUSINESS
GOODWILL; THE RIGHT TO CLAIM LOSS OF RENT; THE RIGHT TO CLAIM
SEVERANCE DAMAGES; THE RIGHT TO CLAIM FIXTURES AND EQUIPMENT; OR
ANY SIMILAR RIGHT OR CLAIM ARISING OUT OF THE ACQUISITION OF THE
PROPERTY.
11. SELLER'S REPRESENTATIONS AND WARRANTIES.
In consideration of Buyer entering into this Agreement and as an
inducement to Buyer to purchase the Property, Seller makes the following representations and
In
warranties, each of which (i) is a condition to Close of Escrow, (ii) is true as of the Effective
Date and will be true as of the Closing, and (iii) is material and is being relied upon by Buyer.
11.1 Authority.
Seller has full power and authority to enter into this Agreement
and to consummate the transactions contemplated herein without obtaining the consent or
approval of any other person, entity, or governmental authority. The persons whose names are
set forth below hereby personally represent and warrant that they have full power and authority
to sign the name of Seller to this Agreement and to cause this Agreement to be a binding
obligation of Seller.
11.2 Liti ag tion.
There is no litigation, bankruptcy, or receivership proceeding or
any other proceeding pending, or, to Seller's knowledge, threatened against, relating to, or
involving Seller's interest in the Property, nor does Seller know or have any reasonable ground
to know of any basis for any such action. No consents or waivers of or by any third party are
necessary to permit the consummation by Seller of the transactions contemplated pursuant to this
Agreement.
11.3 Compliance With Laws.
Seller has received no notice and has no actual knowledge of any
violation of any applicable law, ordinance, rule, regulation or requirement of any governmental
agency, body or subdivision affecting or relating to the Property, including, without limitation,
any subdivision, building, use or environmental law, ordinance, rule, requirement, or regulation.
Seller agrees to disclose any potential violations of applicable City
building codes on any properties that abut the Property that is a part of this transaction.
11.4 Governmental Notices.
Seller shall deliver to Buyer each and every notice or
communication Seller receives from any governmental body relating to the Property or any
portion thereof upon Seller's receipt of the same.
11.5 Leases.
Seller acknowledges that there are no leases or other agreements
(either oral or written) affecting or relating to the right of any party with respect to the possession
of the Property, or any portion thereof.
11.6 Future Action.
From and after the date hereof, without the prior written consent of
Buyer, Seller shall not execute nor consent to the execution of any lease of any portion of the
Property or any other instrument which may result in an alteration of the condition of title.
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11.7 Hazardous Materials.
To the best of Seller's actual knowledge there are no Hazardous
Materials in existence on or below the surface of the Property, including, without limitation,
contamination of the soil, subsoil or ground water, which constitute a violation or any law, rule,
or regulation of any government entity having jurisdiction thereof or which expose Buyer to
liability to third parties, and Seller has not used, nor permitted use of, the Property for the
generation, treatment, storage, or disposal of Hazardous Materials, or other condition or use that
could result in or cause a discharge of any Hazardous Materials on or below the Property.
"Hazardous Materials" as used herein means hazardous, toxic, or radioactive substances or
materials, as the same are defined or described by applicable federal laws or regulations
(including, without limitation, the Resource Conservation and Recovery Act, 42 U.S.C. Section
6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. Section 9601 et seq., and any regulations adopted and publications promulgated
pursuant to said laws), California laws or regulations (including, without limitation, those
substances defined as "Hazardous Substances" in Section 25316 of the California Health &
Safety Code, and any regulations adopted and publications promulgated pursuant to said laws).
Further, Seller has received no notification, warning or citation within the last five (5) years
regarding any violation, or potential or pending violation, of any Hazardous Materials
regulations or laws or any other law, statutory provision or regulation regarding the use,
condition or status of the Property and Seller has no knowledge of any condition or activity on
the Property which, if un -remedied prior to the Close of Escrow, will or could, upon passage of
time, constitute a violation.
11.8 Environmental Violations.
Seller has no knowledge of any condition or use of the Property
that constitutes, or if un -remedied prior to the Close of Escrow, with the passage of time would
constitute, a violation of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section
2344); (ii) the Federal Clean Air Act (33 U.S.C. Section 7401, et seq.); (iii) the Federal Water
Pollution Control Act (33 U.S.C. Section 1251, et seq.); (iv) any State of California law of
similar substance or nature controlling or regulating the use or condition of land, water or air
(including the California Environmental Quality Act) or (v) any federal or California laws or
regulations relating to use of or conservation of wetlands or other natural topographical
conditions. Further, Seller has received no notification, warning or citation within the last five
(5) years regarding any violation or potential or pending violation, of any of such laws or
regulations.
11.9 Work and Materials Furnished.
Bills for work done and materials furnished with respect to the
Property have been paid in full by Seller or will be discharged and paid in full by Seller by the
date of Closing.
S4
11. 10 Tax Withholding for Foreign Person.
Seller is a citizen of the United States, and is not a "foreign
person" under IRC Section 1445.
11.11 Declaration Covenants Restrictions.
Other than as identified in the Title Report, there are no
declarations or covenants affecting the use of the Property; and there is no association which has
been formed for the purpose of managing any portion of the Property.
11.12 Contracts.
Except as may be disclosed by the Title Documents, there are no
contracts or agreements relating to the operation, development, management, or ownership of the
Property or any portion thereof.
11.13 Truthfulness at Closing.
Except as expressly herein otherwise provided, the representations
and warranties of Seller set forth in this Agreement shall be true on and as of the Close of
Escrow as if those representations and warranties were made on and as of such time.
12. BUYER'S REPRESENTATIONS.
In consideration of Seller entering into this Agreement and as an
inducement to Seller to sell the Property to Buyer, Buyer makes the following representations,
each of which is material and is being relied upon by Seller:
12.1 Authority.
Buyer has full power and authority to enter into this Agreement and to
consummate the transactions contemplated herein without obtaining the consent or approval of
any other person, entity or governmental authority. The person(s) whose name(s) are set forth
below hereby personally represent and warrant that they have full power and authority to sign the
name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of
Buyer.
12.2 Truthfulness at Closing.
The representations of Buyer set forth in this Agreement shall be true on
and as of the Close of Escrow as if those representations and warranties were made on and as of
such time.
13. SELLER'S DEFAULT.
In the event that Seller shall fail to perform Seller's obligations
hereunder, Buyer shall have the option to: (i) extend the Closing for such time as Buyer chooses
IrA
to allow Seller to remedy such default, (ii) waive such default in writing, "or" (iii) pursue all
legal or equitable remedies available to it, including, without limitation, terminating this
Agreement by written notice to Seller prior to cure of the default.
14. MISCELLANEOUS.
14.1 Risk of Loss.
The risk of loss or damage to the Property until the Closing is
assumed by Seller. If any damage occurs to the Property prior to Closing, Seller shall promptly
give Buyer written notice of the occurrence thereof and of the amount of any insurance proceeds
available for the repair of such damage. Buyer at its sole option may terminate this Agreement
by written notice given to Seller within thirty (30) days of Buyer's receipt of such notice, in
which case the funds and documents deposited with Escrow Holder shall be returned to Buyer
and this Agreement shall be null and void. If Buyer does not give such notice, or gives notice
that it will nonetheless proceed with the Closing, then this Agreement will remain in full force
and effect and Seller shall assign any available insurance proceeds to Buyer at or before the
Closing.
14.2 Notices.
All notice or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; sent by certified mail, postage
prepaid, return receipt requested; or delivered or sent by overnight courier and shall be deemed
received upon the earlier of (i) if mailed by certified mail, three (3) business days after the date
of posting by the United States Post Office, or (ii) if sent by overnight courier, when delivered to
the specified address.
To Buyer: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071
Attn: Carol W. Lynch, Esq.
To Seller: Ms. Ya Yi May
c/o Julie Pun
To Escrow Holder: First American Title Insurance Company
777 S. Figueroa Street, Suite 400
Los Angeles, CA 90017
Attn: Sylvia Meldonian (213/271-1764)
191
Notice of change of address shall be given by written notice in the manner detailed in this
Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request, or communication sent.
14.3 Assignment.
Buyer may not assign, transfer, or convey its rights or obligations
under this Agreement without the prior written consent of Seller. However, that Buyer shall in
no event be released from its obligations hereunder by reason of any assignment. No assignment
or transfer, if permitted, shall be effective unless each assignee or transferee expressly agrees in
writing to be bound by the terms and conditions of this Agreement. Any purported assignment,
transfer, or encumbrance in violation of the foregoing may, at the option of Seller, be deemed
null and void or be a default hereunder.
14.4 Seller's Use of Property.
From and after the date of Seller's execution hereof, Seller shall
maintain the Property in the same condition and state of repair as on the Effective Date, and
Seller shall not grant or convey any easement, lease, license, permit, encumbrance, lien, or any
other legal or beneficial interest in or to the Property, improvements thereon, mineral or water
rights appurtenant thereto, or any other property rights whatsoever without the prior written
consent of Buyer, nor shall Seller violate, or allow the violation of any law, ordinance, rule, or
regulation affecting the Property. Seller shall do or cause to be done all things reasonably within
its control to preserve intact and unimpaired any and all easements, grants, appurtenances,
privileges, and licenses in favor of or constituting any portion of the Property.
14.5 Delivery of Materials.
Seller shall deliver to Buyer, at no expense to Buyer, within ten 10)
days of Seller's execution hereof, copies of any and all contracts affecting the Property
(including service and materials contracts), soils investigations and reports, water and sewer
studies, topographic maps, photographs, mapping, platting, and other materials, if any,
concerning the Property, which are owned by Seller or are in Seller's possession (collectively,
the "Materials").
14.6 Survival and Conditions Precedent.
Agreements, representations, covenants, and warranties contained
in this Agreement or any amendment or supplement hereto shall survive Closing and delivery of
deed hereunder and shall not be merged thereby, and, in addition to any effect any of the same
have in law or in equity, all of the same will be deemed to be conditions precedent to the Buyer's
obligations hereunder, whether so expressed or not. Seller acknowledges that all of the
conditions to this Agreement which are for the sole benefit of the Buyer may unilaterally be
waived by the Buyer only in writing.
In
15. GENERAL PROVISIONS.
15.1 Required Actions of Buyer and Seller.
Buyer and Seller agree to execute such further instruments and
documents and to consummate the purchase and sale herein contemplated, and to effectuate the
intent of this Agreement.
15.2 Time of Essence.
Time is of the essence of each and every term, condition,
obligation, and provision hereof.
15.3 Counterparts.
This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument. Faxed copies of signed documents may be considered as originals if agreed to by
each of the parties hereto.
15.4 Captions.
Any captions to, or headings of, the paragraph or subparagraphs of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
15.5 No Obligations to Third Parties.
Except as otherwise expressly provided herein, the execution and
delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the
parties hereto, to any person or entity other than the parties hereto.
reference.
15.6 Exhibits.
The Exhibits attached hereto are hereby incorporated herein by this
15.7 Amendment to this Agreement.
The terms of this Agreement may not be modified or amended
except by an instrument in writing executed by each of the parties hereto.
15.8 Waiver.
The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
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15.9 Applicable Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, excluding California's choice of law rules.
15.10 Fees and Other Expenses.
Except as otherwise provided herein, each of the parties shall pay
its own attorneys', consultants' and other fees and expenses in connection with this Agreement.
15.11 Entire Agreement.
This Agreement supersedes any prior agreements, negotiations and
communications, oral or written, and contains the entire agreement between Buyer and Seller as
to the subject matter hereof. No subsequent agreement, representation, or promise made by ether
party hereto, or by or to an employee, officer, agent, or representative of either party shall be of
any effect unless it is in writing and executed by the party to be bound thereby.
15.12 Successors and Assigns.
Subject to any limitations on assignment contained herein, this
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto.
15.13 No Presumption.
Each provision of this Agreement has been independently and
freely negotiated by both parties as if this Agreement were drafted by both parties. In the event
of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or
permitting interpretation of said ambiguity against or in favor of either party.
15.14 Attorneys' Fees.
In the event that either party is required to commence any action or
proceedings against the other in order to enforce the provisions hereof, or in order to obtain
damages for the alleged breach of any of the provisions hereof, the parties agree that both parties
shall bear their own costs in connection with said action or proceedings and that no award of
costs or attorney's fees shall arise out of any such action or proceedings.
15.15 Brokerage Fees.
Each party represents to the other that it has not engaged any
broker, finder or salesperson in connection with this matter.
15.16 Survival.
Except as otherwise provided herein, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or instrument
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executed or delivered pursuant to this Agreement shall survive the Closing and shall not merge
into any deed, assignment, or other instrument executed or delivered pursuant hereto.
15.17 IRS Real Estate Sales Reporting.
Buyer and Seller hereby appoint Escrow Agent as, and Escrow
Agent agrees to act as "the person responsible for closing" the transactions which are the subject
of this Agreement, pursuant to Internal Revenue Code of 1986 Section 6045(e). Escrow Agent
shall prepare and file the informational return (IRS Form 1099-5) required by and otherwise
comply with the terms of IRS Section 6045(e).
15.18 Authorityof City Manager.
The City Manager shall have the authority to make all
determinations and give all consents and approvals hereunder on behalf of City provided they are
in writing. The City Manager may also waive provisions hereof and make non -substantial
amendments to this Agreement on behalf of City provided the waiver(s) and amendment(s) are in
writing.
15.19 Jurisdiction and Venue.
Seller hereby agrees that for purposes of disputes in connection
with this Agreement, Seller shall be subject to the jurisdiction of the courts of the State of
California in Los Angeles County, and that the venue for any dispute arising between the parties
hereto shall be such courts in Los Angeles County. No actions, proceedings or lawsuits regarding
this Agreement shall be commenced or maintained in the courts of Taiwan.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
This Agreement creates certain legal rights and responsibilities as described herein and
all parties should consider obtaining legal advice prior to execution of it.
"BUYER":
CITY OF RANCHO PALOS VERDES
By:
Susan Brooks,
Mayor
ATTEST:
Carla Morreale,
City Clerk
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"SELLER":
APPROVED AS TO FORM:
Carol W. Lynch of Richards, Watson &
Gershon, City Attorney
YA YI MAY,
an individual
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California,
described as follows:
PARCEL 1:
THAT PORTION OF LOTS 23, 41 AND 43 OF L.A.C.A. NO. 51, IN THE CITY OF RANCHO
PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353, AS PER
MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF
SAID COUNTY THENCE NORTH 700 00' 00" EAST 212.61 FEET TO THE WESTERLY
BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL.,
RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168,
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND
SOUTHERLY BOUNDARY OF SAID LAND SOUTH 200 32'00" EAST 136.13 FEET AND
NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY,
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO M. Z.
CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN
BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST
MENTIONED DEED NORTH 890 34' 30" EAST 97.71 FEET TO THE WESTERLY
BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO
38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID BOUNDARY SOUTH 90 48'07" WEST 71.79 FEET, SOUTH 1- 09'
26" EAST 151.57 FEET AND SOUTH 40 3' 01" EAST 27.27 FEET TO THE WESTERLY
BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY
REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK
51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 50 5'42" WEST
259.05 FEET AND SOUTH 390 19' 50" EAST 263.76 FEET TO THE NORTHERLY
BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL.,
RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE
198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY
AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 860 5814011
WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 430 FEET, WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 240 44'03" AN ARC DISTANCE OF 185.63
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND
-14-
HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 690 35'03" AN ARC DISTANCE OF 255.04 FEET, NORTH 42° 07'
42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 450 FEET, NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 370 16' 48" AN ARC
DISTANCE OF 292.80 FEET AND NORTH 790 24' 30" WEST 17.34 FEET TO THE
EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO.
ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207
PAGE 182, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST
MENTIONED EASTERLY BOUNDARY NORTH 190 06'50" WEST 135.49 FEET TO THE
SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HAVING A BEARING AND
DISTANCE SOUTH 71° 11' 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED
RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY;
THENCE • ALONG SAID LINE NORTH 71 ° 11' 51" EAST 100.12 FEET TO THE
SOUTHERLY BOUNDARY OF SAID TRACT 21353;
THENCE ALONG SAID LAST MENTIONED SOUTHERLY BOUNDARY SOUTH 580 46'
54" EAST 211.29 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF
TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS,
OFFICIAL RECORDS OF SAID COUNTY.
-15-
PARCEL 2:
NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE
PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC
UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND
CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING,
POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING,
GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES,
ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES)
ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND
WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR
AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS,
STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN
CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY;
SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF
RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE
ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND
FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET
WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK
DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES
32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A
CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A
CENTRAL ANGLE OF 90 5F22 " AN ARC DISTANCE OF 26.66 FEET;
THENCE NORTH 860 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 44'
03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET;
THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 690 35'
01" AN ARC DISTANCE OF 291.47 FEET;
THENCE NORTH 420 07'42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET;
-16-
THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE
OF 370 16'48" AN ARC DISTANCE OF 273.28 FEET;
THENCE NORTH 790 24'30" WEST 103.08 FEET.
THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED
SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID
MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HAVING A
BEARING AND LENGTH OF NORTH 310 37'40" WEST 66.43 FEET.
-17-
PARCEL 3:
THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS
VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER
MAP RECORDED IN BOOK 621 PAGES 51 TO 53 OF MAPS OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT
22794, SOUTH 52° 05'50" WEST 142.04 FEET AND NORTH 65° 30'00" WEST 77.63 FEET
TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639
PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY;
THENCE. ALONG SAID EASTERLY LINE NORTH 340 51'52" EAST 125.62 FEET TO THE
MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND
CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK
56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID
LAND NORTH 300 00'00" EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE
TO SAID POINT HAVING A BEARING OF NORTH 110 20' 45" EAST, EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 03' 30" AN ARC
DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 240 44'03" AN ARC DISTANCE OF 159.73 FEET AND SOUTH 860
58'40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN
PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956
AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID
COUNTY;
THENCE ALONG SAID WESTERLY LINE SOUTH 390 19'50" EAST 699.97 FEET TO THE
NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES
90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID NORTHERLY LINE SOUTH 500 2852" WEST 305.04 FEET AND
SOUTH 380 51' 38" WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT
22794;
THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT, NORTH
150 2704" EAST 71.08 FEET, NORTH 390 30'00" WEST 240.44 FEET, NORTH 270 48'3"
WEST 188.49 FEET, NORTH 80 25'06" WEST 73.21 FEET, NORTH 45° 51'22" WEST 75.28
FEET, NORTH 710 00'00" WEST 71.50 FEET AND NORTH 860 30'44" WEST 131.63 FEET
TO THE POINT OF BEGINNING.
-18-
PARCEL 4:
NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES,
DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID
PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE
LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING,
HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER,
HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES,
ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES)
ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND,
WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR
AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS,
STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN
CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY;
SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF
RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE
ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND
FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET
WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK
DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES
32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A
CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A
CENTRAL ANGLE OF 90 5F22 " AN ARC DISTANCE OF 26.66 FEET;
THENCE NORTH 860 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 44'
03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET;
THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 690 35'
0l " AN ARC DISTANCE OF 291.47 FEET;
THENCE NORTH 40 07'42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET;
-19-
THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF
370 16'48" AN ARC DISTANCE OF 273.28 FEET.
THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR
SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE
WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598
PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351 AS HAVING A
BEARING AND LENGTH OF "NORTH 310 37' 40" WEST 146.20 FEET" AND IT'S
SOUTHEASTERLY PROLONGATION AND SO AS TO TERMINATE WESTERLY IN
THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS
PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO.
30635 AS HAVING A BEARING AND LENGTH OF "NORTH 190 06' 50" WEST 83.62
FEET" AND IT'S SOUTHEASTERLY PROLONGATION.
APN:7578-003-004 & 7578-003-007
-20-
EXHIBIT "B"
FORM OF GRANT DEED
(Attached.)
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO
(AND MAIL TAX STATEMENTS TO):
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
APNs: 7578-003-004 and 007 (portions)
[SPACE ABOVE FOR RECORDER'S USE ONLY]
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 27383
Exempt from Documentary Transfer Tax; conveyance to a public entity.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, YA
YI MAY, an individual (the "Grantor") hereby grants to the CITY OF RANCHO PALOS
VERDES ("Grantee") the land in the City of Rancho Palos Verdes, County of Los Angeles, State
of California, more particularly described on Exhibit A attached hereto and all improvements
thereon (the "Property").
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: , 2013
YA YI MAY,
an individual
State of California
County of Los Angeles
On
[DISCUSS]
before me,
(insert name and title of the officer)
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.
Signature (Seal)
EXHIBIT "A" TO GRANT DEED
Legal Description of the Land
Real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California,
described as follows:
PARCEL 1:
THAT PORTION OF LOTS 23, 41 AND 43 OF L.A.C.A. NO. 51, IN THE CITY OF RANCHO
PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 47, TRACT 21353, AS PER
MAP RECORDED IN BOOK 648 PAGES 48 TO 50 OF MAPS, OFFICIAL RECORDS, OF
SAID COUNTY THENCE NORTH 700 00' 00" EAST 212.61 FEET TO THE WESTERLY
BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL.,
RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2462 IN BOOK 48207 PAGE 168,
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY AND
SOUTHERLY BOUNDARY OF SAID LAND SOUTH 200 32'00" EAST 136.13 FEET AND
NORTH DEGREES 05' 05" EAST 359.86 FEET TO THE MOST SOUTHERLY,
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO M. Z.
CORPORATION, ET AL., RECORDED JULY 06, 1956 AS INSTRUMENT NO. 2271 IN
BOOK 51659 PAGE 168 OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE LAST
MENTIONED DEED NORTH 890 34' 30" EAST 97.71 FEET TO THE WESTERLY
BOUNDARY OF TRACT 21351, AS PER MAP RECORDED IN BOOK 598, PAGES 32 TO
38 OF MAPS OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID BOUNDARY SOUTH 90 48'07" WEST 71.79 FEET, SOUTH 10 09'
26" EAST 151.57 FEET AND SOUTH 40 3' 01" EAST 27.27 FEET TO THE WESTERLY
BOUNDARY OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO BEVERLY
REALTY CO., RECORDED ON JUNE 15, 1956 AS INSTRUMENT NO. 2360 IN BOOK
51464 PAGE 380, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 50 5'42" WEST
259.05 FEET AND SOUTH 390 19' 50" EAST 263.76 FEET TO THE NORTHERLY
BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO OSAGE LAND CO., ET AL.,
RECORDED ON DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK 56217 PAGE
198, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY
AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND NORTH 860 58'40"
WEST 24.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 430 FEET, WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 240 44'03" AN ARC DISTANCE OF 185.63
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 210 FEET, WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 690 35'03" AN ARC DISTANCE OF 255.04 FEET, NORTH 420 07'
42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 450 FEET, NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 370 16' 48" AN ARC
DISTANCE OF 292.80 FEET AND NORTH 790 24' 30" WEST 17.34 FEET TO THE
EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO OSAGE LAND CO.
ET AL., RECORDED ON JUNE 29, 1955 AS INSTRUMENT NO. 2467 IN BOOK 48207
PAGE 182, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LAST
MENTIONED EASTERLY BOUNDARY NORTH 190 06'50" WEST 135.49 FEET TO THE
SOUTHWESTERLY TERMINUS OF A CERTAIN LINE AS HAVING A BEARING AND
DISTANCE SOUTH 71° 11' 51" WEST 443.68 FEET IN SAID FIRST MENTIONED DEED
RECORDED IN BOOK 48207 PAGE 166, OFFICIAL RECORDS OF SAID COUNTY;
THENCE• ALONG SAID LINE NORTH 71 ° 11' 51 " EAST 100.12 FEET TO THE
SOUTHERLY BOUNDARY OF SAID TRACT 21353;
THENCE ALONG SAID LAST MENTIONED SOUTHERLY BOUNDARY SOUTH 580 46'
54" EAST 211.29 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN LOT 4 OF
TRACT 30635, PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS,
OFFICIAL RECORDS OF SAID COUNTY.
r•�
NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY, DRAINAGE
PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID PUBLIC
UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE LINES AND
CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING, HEATING,
POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER, HEATING,
GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES,
ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES)
ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND
WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR
AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS,
STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN
CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OF RIGHTS OF WAY;
SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF
RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE
ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND
FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET
WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THE CENTERLINE OF MOSSBANK
DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598, PAGES
32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A
CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A
CENTRAL ANGLE OF 90 5F22 " AN ARC DISTANCE OF 26.66 FEET;
THENCE NORTH 860 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 44'
03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET;
THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 690 35'
01" AN ARC DISTANCE OF 291.47 FEET;
THENCE NORTH 420 0742" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET;
THENCE ALONG SAID CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE
OF 370 16'48" AN ARC DISTANCE OF 273.28 FEET;
THENCE NORTH 790 24'30" WEST 103.08 FEET.
THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED
SO AS TO TERMINATE EASTERLY IN THAT CERTAIN BOUNDARY LINE OF SAID
MOSSBANK DRIVE, SHOWN ON SAID LAST MENTIONED MAP AS HAVING A
BEARING AND LENGTH OF NORTH 310 37'40" WEST 66.43 FEET.
PARCEL 3:
THAT PORTION OF LOT 41 OF L.A.C.A. NO. 51 IN THE CITY OF RANCHO PALOS
VERDES IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1 PAGE 1 OF ASSESSORS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 54 OF TRACT 22794 AS PER
MAP RECORDED IN BOOK 621 PAGES 51 TO 53 OF MAPS OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT
22794, SOUTH 52° 05'50" WEST 142.04 FEET AND NORTH 65° 30'00" WEST 77.63 FEET
TO THE EASTERLY LINE OF TRACT 22200, AS PER MAP RECORDED IN BOOK 639
PAGES 19 TO 23 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY;
THENCE -ALONG SAID EASTERLY LINE NORTH 340 51'52" EAST 125.62 FEET TO THE
MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO OSAGE LAND
CO., ET AL., RECORDED DECEMBER 10, 1957 AS INSTRUMENT NO. 1667 IN BOOK
56217, PAGE 198, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY BOUNDARY OF SAID
LAND NORTH 300 00'00" EAST 311.18 FEET TO A POINT ON A NONRADIAL CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE
TO SAID POINT HAVING A BEARING OF NORTH 11- 20' 45" EAST, EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 03' 30" AN ARC
DISTANCE OF 155.78 FEET TO THE REVERSE CURVE CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 370.00 FEET, EASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 240 44'03" AN ARC DISTANCE OF 159.73 FEET AND SOUTH 860
58'40" EAST 79.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN
PARCEL 1 OF THE DEED TO BEVERLY REALTY CO., RECORDED ON JUNE 15, 1956
AS INSTRUMENT NO. 2360 IN BOOK 51464 PAGE 380, OFFICIAL RECORDS OF SAID
COUNTY;
THENCE ALONG SAID WESTERLY LINE SOUTH 390 19'50" EAST 699.97 FEET TO THE
NORTHERLY LINE OF TRACT 21350 AS PER MAP RECORDED IN BOOK 599, PAGES
90 TO 95 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID NORTHERLY LINE SOUTH 500 28'52" WEST 305.04 FEET AND
SOUTH 380 51' 38" WEST 249.29 FEET TO THE EASTERLY LINE OF SAID TRACT
22794;
THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID TRACT, NORTH
150 27' 04" EAST 71.08 FEET, NORTH 390 30' 00" WEST 240.44 FEET, NORTH 270 48' 3"
WEST 188.49 FEET, NORTH 80 25'06" WEST 73.21 FEET, NORTH 450 51'22" WEST 75.28
FEET, NORTH 71° 00'00" WEST 71.50 FEET AND NORTH 860 30'44" WEST 131.63 FEET
TO THE POINT OF BEGINNING.
PARCEL 4:
NON-EXCLUSIVE EASEMENTS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES,
DRAINAGE PURPOSES AND SEWER LINE PURPOSES (INCLUDING WITHIN SAID
PUBLIC UTILITY, DRAINAGE AND SEWER LINE PURPOSES, THE USE OF POLE
LINES AND CONDUITS FOR THE TRANSMISSION OF ELECTRICITY FOR LIGHTING,
HEATING, POWER AND/OR TELEPHONE AND PIPE LINES AND MAINS FOR WATER,
HEATING, GAS, SEWERS AND/OR DRAINAGE, AND ALL NECESSARY FACILITIES,
ATTACHMENTS AND EQUIPMENT IN CONNECTION WITH ANY SUCH PURPOSES)
ON, OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED STRIP OF LAND,
WITH THE RIGHT TO GO UPON SAID STRIP OF LAND AND CONSTRUCT, REPAIR
AND MAINTAIN ROADS, POLE LINES, CONDUITS AND LINES, MAINS, SEWERS,
STORM DRAINS AND ALL IMPROVEMENTS, FACILITIES AND EQUIPMENT USED IN
CONNECTION WITH ANY OF THE FOREGOING EASEMENTS OR RIGHTS OF WAY;
SAID STRIP OF LAND BEING SITUATED IN THE CITY OF RANCHO PALOS VERDES,
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, IN THE CITY OF
RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE
ACTION "BIXBY, ET AL., VS. BENT, ET AL.," CASE NO. 2373 IN THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND
FOR SAID COUNTY AND ENTERED IN BOOK 4, PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 60 FEET
WIDE, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT THE WESTERLY TERMINUS OF THE CENTER LINE OF MOSSBANK
DRIVE AS SHOWN ON THE MAP OF TRACT 21351 RECORDED IN BOOK 598 PAGES
32 TO 38 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY CONTINUATION OF SAID CENTER LINE, BEING A
CURVE CONCAVE NORTHERLY AND HAVING RADIUS OF 155 FEET, THROUGH A
CENTRAL ANGLE OF 90 5F22 " AN ARC DISTANCE OF 26.66 FEET;
THENCE NORTH 860 58'40" WEST 121.25 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 400 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 44'
03" AN ARC DISTANCE OF 172.68 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 240 FEET;
THENCE ALONG SAID CURVE WESTERLY, THROUGH A CENTRAL ANGLE OF 690 35'
01" AN ARC DISTANCE OF 291.47 FEET;
THENCE NORTH 40 07'42" WEST 500.20 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 420 FEET;
THENCE ALONG A CURVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF
370 16'48" AN ARC DISTANCE OF 273.28 FEET.
THE SIDELINES OF SAID 60 FEET STRIP OF LAND TO BE PROLONGED OR
SHORTENED SO TO TERMINATE EASTERLY IN THAT CERTAIN COURSE IN THE
WESTERLY BOUNDARY OF TRACT NO. 21351 AS PER MAP RECORDED IN BOOK 598
PAGES 32 TO 38 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, AS SHOWN ON SAID MAP OF TRACT NO. 21351 AS HAVING A
BEARING AND LENGTH OF "NORTH 310 37' 40" WEST 146.20 FEET" AND IT'S
SOUTHEASTERLY PROLONGATION AND SO AS TO TERMINATE WESTERLY IN
THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF TRACT NO. 30635 AS
PER MAP RECORDED IN BOOK 798 PAGES 68 AND 69 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON MAP OF TRACT NO.
30635 AS HAVING A BEARING AND LENGTH OF "NORTH 190 06' 50" WEST 83.62
FEET" AND IT'S SOUTHEASTERLY PROLONGATION.
APN: 7578-003-004 & 7578-003-007
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed
dated in , 2013, from YA YI MAY, an individual, to the City of Rancho Palos
Verdes, which is a political corporation, is hereby accepted by the undersigned officer on behalf
of the City of Rancho Palos Verdes pursuant to the authority conferred by action of the City
Council of the City of Rancho Palos Verdes on , 2013, and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: , 2013
Carolyn Lehr
City Manager
Error! Unknown document property name.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into this day of
September, 2013 ("Effective Date"), by and between ANGELES, LLC, a Nevada limited
liability company ("Seller"), and the CITY OF RANCHO PALOS VERDES, a municipal
corporation ("Buyer").
RECITALS
(a) Seller owns that certain real property (the "Land") in the County of Los
Angeles, State of California, more particularly described in Exhibit "A" attached hereto and any
and all improvements thereon (the "Improvements").
(b) All rights (including water and mineral rights), privileges, easements,
tenements, rights of way, and appurtenances which benefit or pertain to the Land are hereinafter
referred to as the "Appurtenances".
(c) The Land, Improvements (if any) and Appurtenances are collectively
referred to herein as the "Property."
NOW, THEREFORE, in consideration of the foregoing recitals, and other
consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree that the
terms and conditions of this Agreement and the instructions to First American Title Insurance
Company ("Title Company" and "Escrow Holder") with regard to the escrow ("Escrow")
contemplated hereby are as follows:
1. SALE OF PROPERTY.
Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase
the Property from Seller, upon the terms and conditions herein after set forth.
2. PURCHASE PRICE.
The total purchase price ("Purchase Price") for the Property shall be Six
Hundred Fifty -Nine Thousand Five Hundred and No/100 Dollars ($659,500.00).
3. ESCROW.
3.1 Opening of Escrow.
Within three (3) business days following the Effective Date hereof, Buyer
and Seller shall open Escrow with Escrow Holder and shall deliver a copy of this executed
Agreement to Escrow Holder. In addition, Buyer and Seller agree to execute, deliver, and be
bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or
other instruments as may reasonably be required by Escrow Holder in order to consummate the
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transaction contemplated by this Agreement. Any such supplemental instructions shall not
conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency
between such supplemental instructions and this Agreement, this Agreement shall control.
3.2 Close of Escrow.
For purposes of this Agreement, the "Close of Escrow" or "Closing" shall
be deemed to occur upon, and the "Closing Date" shall be the date of, the recordation of the
Grant Deed conveying the Property to Buyer in the Official Records of Los Angeles County,
California. The Close of Escrow, Closing and Closing Date must occur no later than December
31, 2013. Possession is to be delivered to Buyer at 2:00 p.m. on the date of "Close of Escrow",
in all events vacant and free from all claims to possession or title by third parties.
3.3 Special Conditions Precedent.
The Close of Escrow and Buyer's obligations under this Agreement are
conditioned, for the benefit of Buyer, upon the Buyer's obtaining approval of this Agreement and
approval of funding of the Purchase Price by the California Wildlife Conservation Board, and
receipt of federal funding for the entire amount of the Purchase Price on or before December 31,
2013, but Buyer shall use good faith efforts to cause the satisfaction of such conditions as soon
as reasonably possible. In no event shall Buyer's failure to secure such funding be construed as a
breach of this Agreement.
4. TITLE INVESTIGATION.
4.1 Title Report.
Buyer has received a preliminary title report dated August 1, 2013, Order No.
NCS-480162-SAC4 for a Standard Form CLTA Owner's Policy of Title Insurance for the
Property ("Preliminary Report"), together with copies of all documents relating to title
exceptions referred to in the Preliminary Report ("Title Exceptions").
Buyer hereby approves the Preliminary Report and Title Exceptions, subject to
Section 4.2 below.
4.2 Monetary Title Exceptions.
It is understood and agreed that, notwithstanding Section 4. 1, any
encumbrances, security interests, liens, deeds of trust, and/or mortgages which secure, in whole
or in part, any monetary indebtedness not arising by, through or under Buyer shall be deemed to
be disapproved and shall be paid off, satisfied, released, and/or discharged by Seller at or prior to
Closing.
4.3 Title Policy.
Seller shall cause the Title Company to issue its Standard CTLA
Owner's form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price
showing good and marketable title to the Property vested in Buyer subject only to the exceptions
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to title approved in Section 3.1 (subject to Section 4.2 and the contemplated easement(s) [REA]
to be recorded at closing).
5. SELLER'S DELIVERIES.
Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for
delivery to Buyer at Closing the following:
(a) A duly executed and acknowledged Grant Deed in the Title Company's
usual form;
(b) A Certificate of Non -Foreign Status required under Section 1445(b) of the
Internal Revenue Code;
(c) A Certificate pursuant to California Revenue and Taxation Code Section
18662 pertaining to Seller's status as a resident of California or as having a corporate permanent
place of business in California;
(d) A counterpart of the Reciprocal Easement and Maintenance Agreement in
the form attached hereto as Exhibit "D" (the "REA"), duly executed by Seller and
acknowledged;
Holder.
(e) Real Estate Transfer Disclosure Statement;
(f) Natural Hazard Disclosure Statement; and
(g) Any other document provided for herein or reasonably required by Escrow
6. BUYER'S DELIVERIES.
Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited
into Escrow, to be delivered to Seller upon the Closing, the following:
and
Holder.
(a) The Purchase Price;
(b) A Certificate of Acceptance for the Grant Deed;
(c) A counterpart of the REA, duly executed by Buyer and acknowledged;
(d) Any other document provided for herein or reasonably required by Escrow
7. HOLDBACK FOR SELLER WORK.
Buyer and Seller shall direct Escrow Holder to deliver to Buyer
$130,000 (the "Holdback Amount") from the Purchase Price. The Holdback Amount is the
estimated cost of Seller's performing the work to design and construct a driveway entrance at the
112
cul-de-sac and the common driveway described on Exhibit "C" (the "Seller Work"). Seller shall
complete the Seller Work to Buyer's satisfaction within six (6) calendar months after the Close
of Escrow, whereupon Buyer shall deliver the Holdback Amount directly to Seller. If Seller
does not timely complete the Seller Work, Buyer may (but shall not be obligated to) perform the
portion(s) of the Seller Work not yet completed and may use the Holdback Amount to pay the
costs thereof, and Buyer shall then return any remaining portion of the Holdback Amount to
Seller. If Buyer so elects to complete the Seller Work, and the cost incurred by Buyer to
complete the Seller Work exceeds the remaining Holdback Amount, Seller shall reimburse
Buyer for the excess costs within ten (10) days after written demand from Buyer.
8. AUTHORIZATION TO RECORD DOCUMENTS AND DISBURSE
FUNDS.
Escrow Holder is hereby authorized and directed to record and/or deliver
the documents and disburse the funds called for hereunder pursuant to the written closing
instructions, if any, of Buyer and Seller delivered prior to Closing, provided each of the
following conditions have been or will concurrently with the Close of Escrow be fulfilled:
(a) Title Company has committed to issue to Buyer the Title Policy with
liability equal to the Purchase Price, in accordance with Section 4.3 above;
(b) Seller shall have deposited in Escrow the documents and instruments
required of it under Section 5;
(c) Buyer shall have deposited into Escrow the funds, documents, and
instruments required of it under Section 6; and
(d) Escrow Holder is authorized to record any instrument delivered through
this Escrow if necessary or proper for the issuance of the Title Policy referred to above.
9. COSTS AND EXPENSES.
The Seller shall pay one-half of the Escrow Holder's Escrow fee and that
portion of the premium for the title policy equal to the cost of a CLTA standard coverage title
policy in the amount of the Purchase Price, plus the cost of any endorsements obtained in
connection with Disapproved Exceptions. The cost of any endorsements requested by the Buyer,
shall be borne by the Buyer. Buyer agrees to pay all other usual fees, charges, and costs which
arise from Escrow.
10. PRORATION.
The following prorations shall be made between Buyer and Seller by
Escrow Holder at the Close of Escrow, computed as of the closing date:
10.1 Taxes.
Seller shall pay all property taxes for the tax bill period in which
the Closing occurs (i.e., January 1 through June 30, or July 1 through December 31, as
IN
applicable), and Seller acknowledges that since Buyer is exempt from property taxes, Seller may
secure a refund of the property taxes paid by Seller for the portion of such "tax bill period"
during which Buyer will own the Property, but there shall be no increase in the funds required to
be deposited by Buyer into escrow due to property taxes. Special taxes, and assessments shall be
prorated as of the Close of Escrow based upon the latest available tax information. Seller shall
be responsible for all special taxes and assessments accrued against the Property to and including
the day prior to the Close of Escrow based upon payment of such assessments in installments to
the greatest extent permitted. Unless any special tax or assessment payment or installment
specifies the time period for which such payment is owed, it shall be presumed that such
payment is for the full year immediately preceding the day upon which such payment is due.
11. WAIVER BY SELLER.
SELLER KNOWINGLY AND VOLUNTARILY WAIVES THE
FOLLOWING RIGHTS: THE RIGHT TO SEEK ANY COMPENSATION FOR THE
ACQUISITION OF THE PROPERTY IN ANY AMOUNT GREATER THAN THAT SET
FORTH IN SECTION 2 HEREIN; THE RIGHT TO CLAIM RELOCATION BENEFITS OR
ASSISTANCE; THE RIGHT TO CLAIM DAMAGE OR INJURY TO BUSINESS
GOODWILL; THE RIGHT TO CLAIM LOSS OF RENT; THE RIGHT TO CLAIM
SEVERANCE DAMAGES; THE RIGHT TO CLAIM FIXTURES AND EQUIPMENT; OR
ANY SIMILAR RIGHT OR CLAIM ARISING OUT OF THE ACQUISITION OF THE
PROPERTY.
12. SELLER'S REPRESENTATIONS.
In consideration of Buyer entering into this Agreement and as an
inducement to Buyer to purchase the Property, Seller makes the following representations, each
of which (i) is a condition to Close of Escrow, (ii) is true as of the Effective Date and will be true
as of the Closing, and (iii) is material and is being relied upon by Buyer.
12.1 Authority.
Seller has full power and authority to enter into this Agreement
and to consummate the transactions contemplated herein without obtaining the consent or
approval of any other person, entity, or governmental authority. The persons whose names are
set forth below hereby personally represent and warrant that they have full power and authority
to sign the name of Seller to this Agreement and to cause this Agreement to be a binding
obligation of Seller.
12.2 Liti ag tion.
There is no litigation, bankruptcy, or receivership proceeding or
any other proceeding pending, or, to Seller's knowledge, threatened against, relating to, or
involving Seller's interest in the Property, nor does Seller know or have any reasonable ground
to know of any basis for any such action. No consents or waivers of or by any third party are
necessary to permit the consummation by Seller of the transactions contemplated pursuant to this
Agreement.
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12.3 Compliance With Laws.
Seller has received no notice and has no actual knowledge of any
violation of any applicable law, ordinance, rule, regulation or requirement of any governmental
agency, body or subdivision affecting or relating to the Property, including, without limitation,
any subdivision, building, use or environmental law, ordinance, rule, requirement, or regulation.
Seller agrees to disclose any potential violations of applicable City
building codes on any properties that abut the Property that is a part of this transaction.
12.4 Governmental Notices.
Seller shall deliver to Buyer each and every notice or
communication Seller receives from any governmental body relating to the Property or any
portion thereof upon Seller's receipt of the same.
12.5 Leases.
Seller acknowledges that there are no leases or other agreements
(either oral or written) affecting or relating to the right of any party with respect to the possession
of the Property, or any portion thereof.
12.6 Future Action.
From and after the date hereof, without the prior written consent of
Buyer, Seller shall not execute nor consent to the execution of any lease of any portion of the
Property or any other instrument which may result in an alteration of the condition of title.
12.7 Hazardous Materials.
To the best of Seller's actual knowledge there are no Hazardous
Materials in existence on or below the surface of the Property, including, without limitation,
contamination of the soil, subsoil or ground water, which constitute a violation or any law, rule,
or regulation of any government entity having jurisdiction thereof or which expose Buyer to
liability to third parties, and Seller has not used, nor permitted use of, the Property for the
generation, treatment, storage, or disposal of Hazardous Materials, or other condition or use that
could result in or cause a discharge of any Hazardous Materials on or below the Property.
"Hazardous Materials" as used herein means hazardous, toxic, or radioactive substances or
materials, as the same are defined or described by applicable federal laws or regulations
(including, without limitation, the Resource Conservation and Recovery Act, 42 U.S.C. Section
6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. Section 9601 et seq., and any regulations adopted and publications promulgated
pursuant to said laws), California laws or regulations (including, without limitation, those
substances defined as "Hazardous Substances" in Section 25316 of the California Health &
Safety Code, and any regulations adopted and publications promulgated pursuant to said laws).
Further, Seller has received no notification, warning or citation within the last five (5) years
regarding any violation, or potential or pending violation, of any Hazardous Materials
regulations or laws or any other law, statutory provision or regulation regarding the use,
Em
condition or status of the Property and Seller has no knowledge of any condition or activity on
the Property which, if un -remedied prior to the Close of Escrow, will or could, upon passage of
time, constitute a violation.
12.8 Environmental Violations.
Seller has no knowledge of any condition or use of the Property
that constitutes, or if un -remedied prior to the Close of Escrow, with the passage of time would
constitute, a violation of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section
2344); (ii) the Federal Clean Air Act (33 U.S.C. Section 7401, et seq.); (iii) the Federal Water
Pollution Control Act (33 U.S.C. Section 1251, et seq.); (iv) any State of California law of
similar substance or nature controlling or regulating the use or condition of land, water or air
(including the California Environmental Quality Act) or (v) any federal or California laws or
regulations relating to use of or conservation of wetlands or other natural topographical
conditions. Further, Seller has received no notification, warning or citation within the last five
(5) years regarding any violation or potential or pending violation, of any of such laws or
regulations.
12.9 Work and Materials Furnished.
Bills for work done and materials furnished with respect to the
Property have been paid in full by Seller or will be discharged and paid in full by Seller by the
date of Closing.
12.10 Not a Foreign Person.
Seller is not, and never has been, a "foreign person" within the
meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code of 1954, as
amended, or California Revenue and Taxation Code Section 18662, and Seller will furnish to
Buyer, prior to the Closing, an affidavit in form satisfactory to Buyer confirming the same.
12.11 Declaration Covenants Restrictions.
Other than as identified in the Title Report, there are no
declarations or covenants affecting the use of the Property; and there is no association which has
been formed for the purpose of managing any portion of the Property.
12.12 Contracts.
Except as may be disclosed by the Title Documents, there are no
contracts or agreements relating to the operation, development, management, or ownership of the
Property or any portion thereof.
12.13 Truthfulness at Closing.
Except as expressly herein otherwise provided, the representations
and warranties of Seller set forth in this Agreement shall be true on and as of the Close of
Escrow as if those representations and warranties were made on and as of such time.
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13. BUYER'S REPRESENTATIONS.
In consideration of Seller entering into this Agreement and as an
inducement to Seller to sell the Property to Buyer, Buyer makes the following representations,
each of which is material and is being relied upon by Seller:
13.1 Authority.
Buyer has full power and authority to enter into this Agreement and to
consummate the transactions contemplated herein without obtaining the consent or approval of
any other person, entity or governmental authority. The person(s) whose name(s) are set forth
below hereby personally represent and warrant that they have full power and authority to sign the
name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of
Buyer.
13.2 Truthfulness at Closing.
The representations of Buyer set forth in this Agreement shall be true on
and as of the Close of Escrow as if those representations and warranties were made on and as of
such time.
14. SELLER'S DEFAULT.
In the event that Seller shall fail to perform Seller's obligations
hereunder, Buyer shall have the option to: (i) extend the Closing for such time as Buyer chooses
to allow Seller to remedy such default, (ii) waive such default in writing, "or" (iii) pursue all
legal or equitable remedies available to it, including, without limitation, terminating this
Agreement by written notice to Seller prior to cure of the default.
15. MISCELLANEOUS.
15.1 Risk of Loss.
The risk of loss or damage to the Property until the Closing is
assumed by Seller. If any damage occurs to the Property prior to Closing, Seller shall promptly
give Buyer written notice of the occurrence thereof and of the amount of any insurance proceeds
available for the repair of such damage. Buyer at its sole option may terminate this Agreement
by written notice given to Seller within thirty (30) days of Buyer's receipt of such notice, in
which case the funds and documents deposited with Escrow Holder shall be returned to Buyer
and this Agreement shall be null and void. If Buyer does not give such notice, or gives notice
that it will nonetheless proceed with the Closing, then this Agreement will remain in full force
and effect and Seller shall assign any available insurance proceeds to Buyer at or before the
Closing.
15.2 Notices.
All notice or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; sent by certified mail, postage
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prepaid, return receipt requested; or delivered or sent by overnight courier and shall be deemed
received upon the earlier of (i) if mailed by certified mail, three (3) business days after the date
of posting by the United States Post Office, or (ii) if sent by overnight courier, when delivered to
the specified address.
To Buffer: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 401h Floor
Los Angeles, California 90071
Attn: Carol W. Lynch, Esq.
To Seller: Angeles, LLC
3444 Whittier Blvd.
Los Angeles, CA 90023
To Escrow Holder: First American Title Insurance Company
777 S. Figueroa Street, Suite 400
Los Angeles, CA 90017
Attn: Sylvia Meldonia (213/271/1764)
Notice of change of address shall be given by written notice in the manner detailed in this
Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request, or communication sent.
15.3 Assignment.
Buyer may not assign, transfer, or convey its rights or obligations
under this Agreement without the prior written consent of Seller. However, that Buyer shall in
no event be released from its obligations hereunder by reason of any assignment. No assignment
or transfer, if permitted, shall be effective unless each assignee or transferee expressly agrees in
writing to be bound by the terms and conditions of this Agreement. Any purported assignment,
transfer, or encumbrance in violation of the foregoing may, at the option of Seller, be deemed
null and void or be a default hereunder.
15.4 Seller's Use of Property.
From and after the date of Seller's execution hereof, Seller shall
maintain the Property in the same condition and state of repair as on the Effective Date, and
Seller shall not grant or convey any easement, lease, license, permit, encumbrance, lien, or any
other legal or beneficial interest in or to the Property, improvements thereon, mineral or water
rights appurtenant thereto, or any other property rights whatsoever without the prior written
consent of Buyer, nor shall Seller violate, or allow the violation of any law, ordinance, rule, or
regulation affecting the Property. Seller shall do or cause to be done all things reasonably within
its control to preserve intact and unimpaired any and all easements, grants, appurtenances,
privileges, and licenses in favor of or constituting any portion of the Property.
15.5 Delivery of Materials.
Seller shall deliver to Buyer, at no expense to Buyer, within ten 10)
days of Seller's execution hereof, copies of any and all contracts affecting the Property
(including service and materials contracts), soils investigations and reports, water and sewer
studies, topographic maps, photographs, mapping, platting, and other materials, if any,
concerning the Property, which are owned by Seller or are in Seller's possession (collectively,
the "Materials").
15.6 Survival and Conditions Precedent.
Agreements, representations, covenants, and warranties contained
in this Agreement or any amendment or supplement hereto shall survive Closing and delivery of
deed hereunder and shall not be merged thereby, and, in addition to any effect any of the same
have in law or in equity, all of the same will be deemed to be conditions precedent to the Buyer's
obligations hereunder, whether so expressed or not. Seller acknowledges that all of the
conditions to this Agreement which are for the sole benefit of the Buyer may unilaterally be
waived by the Buyer only in writing.
16. GENERAL PROVISIONS.
16.1 Required Actions of Buyer and Seller.
Buyer and Seller agree to execute such further instruments and
documents and to consummate the purchase and sale herein contemplated, and to effectuate the
intent of this Agreement.
16.2 Time of Essence.
Time is of the essence of each and every term, condition,
obligation, and provision hereof.
16.3 Counterparts.
This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument. Faxed copies of signed documents may be considered as originals if agreed to by
each of the parties hereto.
16.4 Captions.
Any captions to, or headings of, the paragraph or subparagraphs of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
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16.5 No Obligations to Third Parties.
Except as otherwise expressly provided herein, the execution and
delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the
parties hereto, to any person or entity other than the parties hereto.
reference.
16.6 Exhibits.
The Exhibits attached hereto are hereby incorporated herein by this
16.7 Amendment to this Agreement.
The terms of this Agreement may not be modified or amended
except by.an instrument in writing executed by each of the parties hereto.
16.8 Waiver.
The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
16.9 Abnlicable Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, excluding California's choice of law rules. Venue for
any lawsuit that is filed to enforce the provisions of this Agreement shall be in Los Angeles
County Superior Court.
16.10 Fees and Other Expenses.
Except as otherwise provided herein, each of the parties shall pay
its own attorneys', consultants' and other fees and expenses in connection with this Agreement.
16.11 Entire Agreement.
This Agreement supersedes any prior agreements, negotiations and
communications, oral or written, and contains the entire agreement between Buyer and Seller as
to the subject matter hereof. No subsequent agreement, representation, or promise made by ether
party hereto, or by or to an employee, officer, agent, or representative of either party shall be of
any effect unless it is in writing and executed by the party to be bound thereby.
16.12 Successors and Assigns.
Subject to any limitations on assignment contained herein, this
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto.
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16.13 No Presumption.
Each provision of this Agreement has been independently and
freely negotiated by both parties as if this Agreement were drafted by both parties. In the event
of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or
permitting interpretation of said ambiguity against or in favor of either party.
16.14 Attorneys' Fees.
In the event that either party is required to commence any action or
proceedings against the other in order to enforce the provisions hereof, or in order to obtain
damages for the alleged breach of any of the provisions hereof, the parties agree that both parties
shall bear their own costs in connection with said action or proceedings and that no award of
costs or attorney's fees shall arise out of any such action or proceedings.
16.15 Brokerage Fees.
Each party represents to the other that it has not engaged any
broker, finder or salesperson in connection with this matter.
16.16 Survival.
Except as otherwise provided herein, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or instrument
executed or delivered pursuant to this Agreement shall survive the Closing and shall not merge
into any deed, assignment, or other instrument executed or delivered pursuant hereto.
16.17 IRS Real Estate Sales Reporting.
Buyer and Seller hereby appoint Escrow Agent as, and Escrow
Agent agrees to act as "the person responsible for closing" the transactions which are the subject
of this Agreement, pursuant to Internal Revenue Code of 1986 Section 6045(e). Escrow Agent
shall prepare and file the informational return (IRS Form 1099-S) required by and otherwise
comply with the terms of IRS Section 6045(e).
16.18 Authority, o�y Manager.
The City Manager shall have the authority to make all
determinations and give all consents and approvals hereunder on behalf of City provided they are
in writing. The City Manager may also waive provisions hereof and make non -substantial
amendments to this Agreement on behalf of City provided the waiver(s) and amendment(s) are in
writing.
-12-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
This Agreement creates certain legal rights and responsibilities as described herein and
all parties should consider obtaining legal advice prior to execution of it.
"BUYER":
"SELLER":
CITY OF RANCHO PALOS VERDES
By:
Susan Brooks,
Mayor
ATTEST:
Carla Morreale,
City Clerk
APPROVED AS TO FORM:
Carol W. Lynch of Richards, Watson &
Gershon, City Attorney
ANGELES, LLC,
a Nevada limited liability company
By:
Print Name:
Title:
-13-
EXHIBIT "A"
LEGAL DESCRIPTION
(Attached.)
-14-
EXHIBIT "B"
FORM OF GRANT DEED
(Attached.)
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO
(AND MAIL TAX STATEMENTS TO):
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
.0
[SPACE ABOVE FOR RECORDER'S USE ONLY]
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 27383
Exempt from Documentary Transfer Tax; conveyance to a public entity.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ANGELES, LLC, a Nevada limited liability company (the "Grantor") hereby grants to the CITY
OF RANCHO PALOS VERDES ("Grantee") the land in the City of Rancho Palos Verdes,
County of Los Angeles, State of California, more particularly described on Exhibit A attached
hereto and all improvements thereon (the "Property").
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: , 2013 ANGELES, LLC,
a Nevada limited liability company
By:
Print Name:
Title:
State of California
County of Los Angeles
On , before me, ,
(insert name and title of the officer)
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.
Signature (Seal)
State of California
County of Los Angeles
On , before me, ,
(insert name and title of the officer)
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.
Signature (Seal)
EXHIBIT "A" TO GRANT DEED
Legal Description of the Land
(Attached.)
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed
dated in , 2013, from ANGELES, LLC, to the City of Rancho Palos Verdes,
which is a political corporation, is hereby accepted by the undersigned officer on behalf of the
City of Rancho Palos Verdes pursuant to the authority conferred by action of the City Council of
the City of Rancho Palos Verdes on , 2013, and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: , 2013
Carolyn Lehr
City Manager
EXHIBIT "C"
DESCRIPTION OF SELLER WORK
Seller shall construct to Buyer's satisfaction a driveway entrance at the cul-de-sac and the
common driveway ("Driveway") that shall be used by both Buyer and Seller to access the
Property and for Seller to access the adjacent property that is owned by Seller. Prior to the
commencement of construction of the Driveway, Seller shall submit engineered plans for the
construction of the Driveway for review and approval by Buyer's Department of Public Works.
Seller shall revise the design of the Driveway, if so directed by Buyer. Seller shall construct the
Driveway in accordance with the approved plan to Buyer's satisfaction and shall obtain final
approval of the construction from Buyer's Department of Public Works.
EXHIBIT "D"
RECIPROCAL EASEMENT AGREEMENT
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attn: City Clerk
RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
THIS RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
("Agreement") is dated as of the _ day of , 2013, and is entered into by and between
the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and
ANGELES, LLC, a California limited liability company ("Angeles"). City and Angeles and
their successors -in -interest are hereafter referred to collectively as the "Owners" and individually
as an "Owner".
1=4111YAy
A. The City is the owner of the land legally described on Exhibit "A" attached hereto
(collectively, the "City Property").
B. Angeles is the owner of the property described on Exhibit `B" (the "Angeles
Property").
C. The City Property and the Angeles Property are adjacent to one another, and the
Owners would like to create a roadway for joint access by both Owners to their respective
properties (the "Joint Access Right of Way"). A depiction of the Joint Access Right of Way is
attached hereto as Exhibit "C."
D. This Agreement is being executed and recorded concurrently with the conveyance
by Angeles to City of the City Property pursuant to and as required by an "Agreement for
Purchase and Sale of Property and Joint Escrow Instructions" between Angeles, as seller, and
City, as buyer, dated September _, 2013 (the "PSA").
E. The PSA requires, among other things, that Angeles construct roadway
improvements over the Joint Access Right of Way after the sale, and the parties desire to
allocation herein the responsibility for maintaining such improvements.
NOW THEREFORE, in consideration of the PSA and the obligations therein, and the
covenants and easements contained herein, the Owner hereby agrees as follows:
1. Access Easements. Angeles hereby grants to City an easement for ingress
and egress over the portion of the Angeles Property described on Exhibit "D". City hereby
grants to Angeles an easement for ingress and egress over the portion of the City property
described on Exhibit `B".
F
2. Improvements by Owners. Each Owner agrees that it will not impair
ingress and egress over the Joint Access Right of Way.
3. Maintenance. Following the construction of the Roadway Improvements,
City shall maintain the Roadway Improvements in good condition and repair and shall make any
improvements thereto as may be required by law or changes in laws. The cost of such
maintenance shall be shared equally by Owners. Accordingly, following any required
maintenance or improvements performed by City, City shall send an invoice to Angeles or its
successor in interest for fifty percent (50%) of the costs of the required maintenance or
improvements, and Angeles or its successor in interest shall pay the invoice within thirty (30)
days after its given as a notice under Section 9(c) below.
4. Property Taxes and Assessment. Each Owner shall pay, or cause to be
paid, directly to the appropriate governmental agencies, prior to delinquency, all real property
taxes and other special taxes and assessments and/or charges, if any, including taxes, assessments
or charges levied in lieu of property taxes, which may be levied or assessed against such
Owner's Property, including, any assessment, charge or tax increase attributable to its interests
created by this Agreement. Each Owner shall nonetheless have the right to contest such taxes
and assessments in any manner provided by law.
5. Indemnity. Each Owner shall defend, indemnify, hold harmless the other
Owner from any liabilities, costs, losses, claims, damages and expenses arising out of its
operation, use, repair or improvement of the Joint Access Right of Way by it or its tenants,
agents or contractors.
6. Covenants Shall Run With the Land. All the agreements, rights,
obligations, covenants, and grants contained in this agreement shall run with the land and shall
be binding upon or inure to the benefit of (as the case may require) the Owners, and their
successors, assigns, successors -in -interest. The easements granted herein are appurtenant
easements, and the easement(s) burdening each Owner's property shall be for the benefit of the
other Owner's property.
7. Authority of CityManager. The City Manager of the City shall have the
authority to amend this Agreement on behalf of City provided the amendment is in writing.
8. Enforcement. In the event of a default or breach by an Owner in the
performance of any of the obligations or agreements herein, the other Owner shall have the right,
but not the obligation, to cure such default for the account and at the expense of the defaulting
Owner who shall reimburse the curing Owner for all costs and other sums expended in
connection therewith within ten (10) days after written demand. In addition, in the event of any
default, the non -defaulting Owner may pursue any remedies or proceedings available to it at law
or in equity against the defaulting Owner, including injunctive relief.
9. Miscellaneous.
(a) Assignment. The rights and privileges hereunder shall be
transferable only in connection with a transfer of the property to which they are appurtenant.
Subject to the foregoing, all terms of this Agreement shall be binding upon, inure to the benefit
►a
of, and be enforceable by or against the Owners and their respective successors, assigns, and
successors in interest.
(b) Termination of Liability. Whenever a bona fide transfer of any
interest in any of the Parcels takes place, the transferor shall not be liable for breach of a
covenant occurring thereafter with respect to the transferred interest.
(c) Notices. All notices, demands or other communications given
shall be in writing, and shall be delivered by certified mail, return receipt requested, postage
prepaid and addressed as follows (and shall be deemed delivered on the date of delivery, or
attempted delivery, shown on the return receipt):
To City: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
To Angeles: Angeles, LLC
3444 Whittier Blvd.
Los Angeles, CA 90023
Any Owner (or successor -in -interest to an Owner) may change its address for
notices by a written notice to the other Owner(s) given pursuant to this Section.
(d) No Third -Party Beneficiaries. No person or entity (including any
tenant) shall have any enforceable rights under this Agreement other than the Owners and their
respective successors -in -interest to fee title.
(e) Representations as to Title. Angeles hereby represents and
warrants to City that no deed of trust, mortgage or other lien (other than potential lien for taxes
and assessments not yet delinquent) encumbers the Angeles Property.
(f) Non -Partnership. None of the terms or provisions hereof shall be
deemed to create a partnership between the Owners, nor shall it cause them to be considered
joint venturers, or members of any joint enterprise.
(g) Entire Agreement. This instrument contains the entire agreement
of the Owners as to the specific subject matter hereof.
(h) Time of Essence. Time is of the essence of each provision hereof
in which time is a factor.
(i) Attorneys' Fees. In the event any Owner shall commence any
action against any other Owner relating to this Agreement or for the breach of any obligation
contained herein, the prevailing party shall be entitled to recover from the losing party
reasonable attorneys' fees, expenses, and court costs.
3
IN WITNESS WHEREOF, the Owners have executed this Agreement as of the date and year
first above written.
CITY OF RANCHO PALOS VERDES
By:
Print Name:
Title:
Attest:
City Clerk
4
ANGELES, LLC
By:
Print Name:
Title:
State of California
County of
On
personally appeared
before me,
ACKNOWLEDGMENT
(insert name and title of the officer)
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.
Signature (Seal)
Signature of Notary Public
State of California
County of
On
personally appeared
before me,
ACKNOWLEDGMENT
(insert name and title of the officer)
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.
Signature (Seal)
Signature of Notary Public
5
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Rancho Palos
Verdes by that certain Reciprocal Easement and Maintenance Agreement dated ,
2013, between ANGELES, LLC, and the City of Rancho Palos Verdes, which is a political
corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos
Verdes pursuant to the authority conferred by action of the City Council of the City of Rancho
Palos Verdes on , 2013, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: , 2013
Carolyn Lehr
City Manager
n
EXHIBIT "A"
DESCRIPTION OF THE CITY PROPERTY
(Attached.)
EXHIBIT "B"
DESCRIPTION OF THE ANGELES PROPERTY
(Attached.)
EXHIBIT "C"
DEPICTION OF THE JOINT ACCESS RIGHT OF WAY
EXHIBIT D
DESCRIPTION OF THE PORTION OF THE
JOINT ACCESS RIGHT OF WAY
LOCATED ON THE ANGELES PROPERTY
(Attached.)
-10-
EXHIBIT "E"
DESCRIPTION OF THE PORTION OF THE
JOINT ACCESS RIGHT OF WAY
LOCATED ON THE CITY PROPERTY
(Attached.)
11
CITYOF
A4O RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: SEPTEMBER 16, 2013
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached'are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, September 17, 2013 City Council meeting:
Item No. Description of Materials
E Letter from Steve Siverson; Letter from Robert
Monaghan
F Agreement for Purchase and Sale of Real Property
and Joint Escrow Instructions Malaga Canyon North
(Angeles LLC); Email from Sunshine; Email exchanges
between Staff and Lenee Bilski
Respectfully submitted,
/r'� W ma"
Carla Morreale
W:\AGENDA\2013 Additions Revisions to agendas120130917 additions revisions to agenda through Monday afternoon.doc
September 13, 2013
Ms. Nicole Jules, P.E.
Senior Engineer
Department of Public Works
30904 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Ref: Corporate Name
Ms. Jules:
The legal name for Climatec Building Technologies Group in California is KX2 Holdings Building
Technologies Group, L.P. Therefore, KX2 Holdings Building Technologies Group, LP will honor the
proposal sent by Climatec Building Technologies Group, as that proposal is attached to and incorporated
in the contract between KX2 Holdings Building Technologies Group, LP and the City of Rancho Palos
Verdes.
Regards,
Sto:KSIverson, VP Climatec Energy Group
Climatec
2851 W. Kathleen Road - Phoenix, AZ $5053 - Ph: (602) 944-3330 Fax: (602) 944-4759
A)� CLIMATEC
BUILDING "FECI 1NOL-OGIES GROUP
A7 CON] HAC FORS LICENSE NOL-1 1 ROC209133, L-39 R-OO19341 8, C-11 ROG209134
CA CONTRACTORS LICEN*31i- NO. C20, C 10 929807
September 13, 2013
Department of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Nicole Jules, Senior Engineer
Ms. Jules:
.................................................I......._.. ..................................
REMITTO.
Make Checksbleft
Clhiiatec Building Tb=ogles Group
2851 W. Kathleen RcL
Phoenix, AZ 85053
(602) 944.3330
Steve Siverson is Vice President of our Energy Services Group and is a Board Member for Climatec, LLC
and Its affiliate; KX2 Holdings Building Technologies Group, LP. In this capacity, Mr. Siverson has the
authorization to sign contracts and bind the organization into agreements during ordinary course of
business,
Sincerely,
nan
"o
Chief Knaonncal I Officer
C1 attic, LLC
KX2 Holdings Building Technologies Group, LP
Phoonix, AZ Tucson, AZ It vino, CA Riverside, CA
285 f W. Kaffiloon Rd 458.5,15. Coach Df, Sto, 101 Woopt.,oawn, s1)'200 1175'0 Sterling Aw, Sle, D
AZ 65053 Timm, A7 H5714 le-Vne, CA 92614 P;Veiskio, CA $V51,73
(607) 944-3ajO (SPO) 571-7200 (94.9) 474.0955 (l31i t) t 6 -)'q
(502)737,1-1279 fax (5PQ) 571•6805 tag (949) 474.0,95t, fax (95 i) '353- 1658 tav
N
San Dlego, CA
13715 Sfoa� D1,
A>,,vd.K CA 9PO64
(1U8) ?91.7001
4'8583 679.7,924 hx
non=
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS (-Agreement") is made and entered into this _ day of
September, 2013 ("Effective Date"). by and between ANGELES, LLC. a Nevada limited
liability company ("Seller"), and the CITY OF RANCHO PALOS VERDES, a municipal
corporation ("Buyer").
RECITALS
(a) Seller owns that certain real property (the "Land") in the County of Los
Angeles, State of California, more particularly described inExhibit "A" attached hereto and any
and all improvements thereon (the "Improvements").
(b) All rights (including water and mineral rights), privileges, easements,
tenements, rights of way, and appurtenances which benefit or pertain to the Land are hereinafter
referred to as the "Appurtenances".
(c) The Land, Improvements (if any) and Appurtenances are collectively
referred to herein as the "Property."
NOW, THEREFORE, in consideration of the foregoing recitals, and other
consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree that the
terms and conditions of this Agreement and the instructions to First American Title Insurance
Company ("Title Company" and "Escrow Holder") with regard to the escrow ("Escrow")
contemplated hereby are as follows:
1. SALE OF PROPERTY.
Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase
the Property from Seller, upon the terms and conditions herein after set forth.
2. PURCHASE PRICE.
The total purchase price ("Purchase Price") for the Property shall be Six
Hundred Fifty -Nine Thousand Five Hundred and No/100 Dollars ($659,500.00).
3. ESCROW.
3.1 Opening of Escrow.
Within three (3) business days following the Effective Date hereof, Buyer
and Seller shall open Escrow with Escrow Holder and shall deliver a copy of this executed
Agreement to Escrow Holder. In addition. Buyer and Seller agree to execute, deliver, and be
bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or
other instruments as may reasonably be required by Escrow Holder in order to consummate the
86876-0001 \1606297v3. doc F-39
transaction contemplated by this Agreement. Any such supplemental instructions shall not
conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency
between such supplemental instructions and this Agreement, this Agreement shall control.
3.2 Close of Escrow.
For purposes of this Agreement, the "Close of Escrow" or "Closing" shall
be deemed to occur upon, and the -Closing Date" shall be the date of, the recordation of the
Grant Deed conveying the Property to Buyer in the Official Records of Los Angeles County,
California. The Close of Escrow, Closing and Closing Date must occur no later than December
31, 2013. Possession is to be delivered to Buyer at 2:00 p.m. on the date of "Close of Escrow",
in all events vacant and free from all claims to possession or title by third parties.
3.3 Special Conditions Precedent.
The Close of Escrow and Buyer's obligations under this Agreement are
conditioned, for the benefit of Buyer, upon the Buyer's obtaining approval of this Agreement and
approval of funding of the Purchase Price by the California Wildlife Conservation Board, and
actual federal funding for the Purchase Price on or before December 31, 2013, but Buyer shall
use good faith efforts to cause the satisfaction of such conditions as soon as reasonably possible.
In no event shall Buyer's failure to secure such funding be construed as a breach of this
Agreement.
4. TITLE INVESTIGATION.
4.1 Title Report.
Buyer has received a preliminary title report dated August 1, 2013, Order No.
NCS-480162-SAC4 for a Standard Form CLIA Owner's Policy of Title Insurance for the
Property ("Preliminary Report"), together with copies of all documents relating to title
exceptions referred to in the Preliminary Report ("Title Exceptions").
Buyer hereby approves the Preliminary Report and Title Exceptions, subject to
Section 4.2 below.
4.2 Monetary Title Exceptions.
It is understood and agreed that. notwithstanding Section 4.1. any
encumbrances, security interests, liens, deeds of trust, and/or mortgages which secure, in whole
or in part, any monetary indebtedness not arising by, through or under Buyer shall be deemed to
be disapproved and shall be paid off, satisfied, released. and/or discharged by Seller at or prior to
Closing.
4.3 Title Policy.
Seller shall cause the Title Company to issue its Standard CTLA
Owner's form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price
showing good and marketable title to the Property vested in Buyer subject only to the exceptions
86876-0001 \ 16062970 Am F-40
to title approved in Section 3.1 (subject to Section 4.2 and the contemplated easement(s) [REA]
to be recorded at closing).
5. SELLER'S DELIVERIES.
Prior to the Close of Escrow, Seller shall deposit or cause to be deposited into Escrow for
delivery to Buyer at Closing the following:
(a) A duly executed and acknowledged Grant Deed in the Title Company's
usual form:
(b) A Certificate of Non -Foreign Status required under Section 1445(b) of the
Internal Revenue Code:
(c) A Certificate pursuant to California Revenue and Taxation Code Section
18662 pertaining to Seller's status as a resident of California or as having a corporate permanent
place of business in California;
(d) A counterpart of the Reciprocal Easement Agreement in the form attached
hereto as Exhibit "D" (the "REA"), duly executed by Seller and acknowledged;
(e) Real Estate Transfer Disclosure Statement;
(f) Natural Hazard Disclosure Statement; and
(g) Any other document provided for herein or reasonably required by Escrow
Holder.
Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited
into Escrow, to be delivered to Seller upon the Closing., the following:
(a) The Purchase Price;
(b) A Certificate of Acceptance for the Grant Deed;
(c) A counterpart of the REA, duly executed by Buyer and acknowledged-,
(d) Any other document provided for herein or reasonably required by Escrow
Holder.
Buver and Seller shall direct Escrow Holder to deliver to Buyer
$130,000 (the "Holdback Amount") from the Purchase Price. The Holdback Amount is the
estimated cost of Seller's performing the work to construct a driveway entrance at the cul-de-sac
and the common driveway described on Exhibit "C" (the "Seller Work"). Seller shall complete
86876-0001 \1 6062970.doc F-41
the Seller Work to Buyer's satisfaction within six (6) calendar months after the Close of Escrow.
whereupon Buyer shall deliver the Holdback Amount directly to Seller. If Seller does not timely
complete the Seller Work, Buyer may (but shall not be obligated to) perform the portion(s) of the
Seller Work not yet completed and may use the Holdback Amount to pay the costs thereof, and
Buyer shall then return any remaining portion of the Holdback Amount to Seller. If Buyer so
elects to complete the Seller Work, and the cost incurred by Buyer to complete the SellerWork
exceeds the remaining Holdback Amount, Seller shall reimburse Buyer for the excess costs
within ten (10) days after written demand from Buyer.
IMM am 414 91
FUNDS.
Escrow Holder is hereby authorized and directed to record and/or deliver
the documents and disburse the funds called for hereunder pursuant to the written closing
instructions, if any, of Buyer and Seller delivered prior to Closing, provided each of the
following conditions have been or will concurrently with the Close of Escrow be fulfilled:
(a) Title Company has committed to issue to Buyer the Title Policy with
liability equal to the Purchase Price, in accordance with Section 4.3 above;
(b) Seller shall have deposited in Escrow the documents and instruments
required of it under Section 5
(c) Buyer shall have deposited into Escrow the funds, documents, and
instruments required of it under Section 6; and
(d) Escrow Holder is authorized to record any instrument delivered through
this Escrow if necessary or proper for the issuance of the Title Policy referred to above.
9. COSTS AND EXPENSES.
The Seller shall pay one-half of the Escrow Holder's Escrow fee and that
portion of the premium for the title policy equal to the cost of a CLTA standard coverage title
policy in the amount of the Purchase Price, plus the cost of any endorsements obtained in
connection with Disapproved Exceptions. The cost of any endorsements requested by the Buyer,
shall be borne by the Buyer. Buyer agrees to pay all other usual fees, charges, and costs which
arise from Escrow.
10. PRORATION.
The following prorations shall be made between Buyer and Seller by
Escrow Holder at the Close of Escrow, computed as of the closing date:
10.1 Taxes.
Seller shall pay all property taxes for the tax bill period in which
the Closing occurs (i.e.. January I through June 30, or July I through December 31, as
applicable), and Seller acknowledges that since Buyer is exempt from property taxes, Seller may
86876-0001 \ I 606297v3.doc -4- F-42
secure a refund of the property taxes paid by Seller for the portion of such "tax bill period"
during which Buyer will own the Property, but there shall be no increase in the funds required to
be deposited by Buyer into escrow due to property taxes. Special taxes, and assessments shall be
prorated as of the Close of Escrow based upon the latest available tax information. Seller shall
be responsible for all special taxes and assessments accrued against the Property to and including
the day prior to the Close of Escrow based upon payment of such assessments in installments to
the greatest extent permitted. Unless any special tax or assessment payment or installment
specifies the time period for which such payment is owed, it shall be presumed that such
payment is for the full year immediately preceding the day upon which such payment is due.
11. WAIVER BY SELLER.
SELLER KNOWINGLY AND VOLUNTARILY WAIVES THE
FOLLOWING RIGHTS: THE RIGHT TO SEEK ANY COMPENSATION FOR THE
ACQUISITION OF THE PROPERTY IN ANY AMOUNT GREATER THAN THAT SET
FORTH IN SECTION 2 HEREIN; THE RIGHT TO CLAIM RELOCATION BENEFITS OR
ASSISTANCE; THE RIGHT TO CLAIM DAMAGE OR INJURY TO BUSINESS
GOODWILL; THE RIGHT TO CLAIM LOSS OF RENT; THE RIGHT TO CLAIM
SEVERANCE DAMAGES; THE RIGHT TO CLAIM FIXTURES AND EQUIPMENT-, OR
ANY SIMILAR RIGHT OR CLAIM ARISING OUT OF THE ACQUISITION OF THE
PROPERTY.
12. SELLER'S REPRESENTATIONS.
In consideration of Buyer entering into this Agreement and as an
inducement to Buyer to purchase the Property, Seller makes the following representations, each
of which (i) is a condition to Close of Escrow, (ii) is true as of the Effective Date and will be true
as of the Closing, and (iii) is material and is being relied upon by Buyer.
12.1 Authority.
Seller has full power and authority to enter into this Agreement
and to consummate the transactions contemplated herein without obtaining the consent or
approval of any other person, entity, or governmental authority. The persons whose names are
set forth below hereby personally represent and warrant that they have full power and authority
to sign the name of Seller to this Agreement and to cause this Agreement to be a binding
obligation of Seller.
12.2 Litigation.
There is no litigation, bankruptcy, or receivership proceeding or
any other proceeding pending, or, to Seller's knowledge, threatened against, relating to, or
involving Seller's interest in the Property, nor does Seller know or have any reasonable ground
to know of any basis for any such action. No consents or waivers of or by any third party are
necessary to permit the consummation by Seller of the transactions contemplated pursuant to this
Agreement.
86876-0001 \1606297k 3.doc -5- F-43
12.3 Compliance With Laws.
Seller has received no notice and has no actual knowledge of any
violation of any applicable law. ordinance. -rule, regulation or requirement of any governmental
agency, body or subdivision affecting or relating to the Property, including, without limitation.,
any subdivision, building, use or environmental law, ordinance, rule, requirement, or regulation.
Seller agrees to disclose any potential violations of applicable City
building codes on any properties that abut the Property that is a part of this transaction.
12.4 Governmental Notices.
Seller shall deliver to Buyer each and every notice or
communication Seller receives from any governmental body relating to the Property or any
portion thereof upon Seller's receipt of the same.
12.5 Leases.
Seller acknowledges that there are no leases or other agreements
(either oral or written) affecting or relating to the right of any party with respect to the possession
of the Property, or any portion thereof.
12.6 Future Action.
From and after the date hereof, without the prior written consent of
Buyer, Seller shall not execute nor consent to the execution of any lease of any portion of the
Property or any other instrument which may result in an alteration of the condition of title.
12.7 Hazardous Materials.
To the best of Seller's actual knowledge there are no Hazardous
Materials in existence on or below the surface of the Property, including, without limitation,
contamination of the soil, subsoil or ground water, which constitute a violation or any law, rule,
or regulation of any government entity having jurisdiction thereof or which expose Buyer to
liability to third parties, and Seller has not used, nor permitted use of, the Property for the
generation, treatment, storage, or disposal of Hazardous Materials, or other condition or use that
could result in or cause a discharge of any Hazardous Materials on or below the Property.
"Hazardous Materials" as used herein means hazardous, toxic, or radioactive substances or
materials. as the same are defined or described by applicable federal laws or regulations
(including, without limitation, the Resource Conservation and Recovery Act., 42 U.S.C. Section
6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. Section 9601 et seq., and any regulations adopted and publications promulgated
pursuant to said laws), California laws or regulations (including, without limitation, those
substances defined as '.Hazardous Substances" in Section 25316 of the California Health &
Safety Code, and any regulations adopted and publications promulgated pursuant to said laws).
Further. Seller has received no notification, warning or citation within the last five (5) years
regarding any violation, or potential or pending violation, of any Hazardous Materials
regulations or laws or any other law, statutory provision or regulation regarding the use,
R6876-000 I\] 606297v3.doe -6- F-44
condition or status of the Property and Seller has no knowledge of any condition or activity on
the Property which, if un -remedied prior to the Close of Escrow, will or could, upon passage of
time, constitute a violation.
12.8 Environmental Violations.
Seller has no knowledge of any condition or use of the Property
that constitutes, or if un -remedied prior to the Close of Escrow, with the passage of time would
constitute, a violation of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section
2344); (ii) the Federal Clean Air Act (33 U.S.C. Section 7401, et seq.); (iii) the Federal Water
Pollution Control Act (33 U.S.C. Section 1251, et sec}.); (iv) any State of California law of
similar substance or nature controlling or regulating the use or condition of land, water or air
(including the California Environmental Quality Act) or (v) any federal or California laws or
regulations relating to use of or conservation of wetlands or other natural topographical
conditions. Further. Seller has received no notification, warning or citation within the last five
(5) years regarding any violation or potential or pending violation, of any of such laws or
regulations.
12.9 Work and Materials Furnished.
Bills for work done and materials furnished with respect to the
Property have been paid in full by Seller or will be discharged and paid in full by Seller by the
date of Closing.
12.10 Not a Foreign Person.
Seller is not, and never has been, a "foreign person" within the
meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code of 1954, as
amended. or California Revenue and Taxation Code Section 18662, and Seller will furnish to
Buyer, prior to the Closing, an affidavit in form satisfactory to Buyer confirming the same.
12.11 Declaration, Covenants. Restrictions.
Other than as identified in the Title Report, there are no
declarations or covenants affecting the use of the Property; and there is no association which has
been formed for the purpose of managing any portion of the Property.
12.12 Contracts.
Except as may be disclosed by the Title Documents. there are no
contracts or agreements relating to the operation, development, management, or ownership of the
Property or any portion thereof.
12.13 Truthfulness at Closing.
Except as expressly herein otherwise provided, the representations
and warranties of Seller set forth in this Agreement shall be true on and as of the Close of
Escrow as if those representations and warranties were made on and as of such time.
86876-000 1\1 606297v3.doc -7- F-45
13. BUYER'S REPRESENTATIONS.
In consideration of Seller
entering into this Agreement and as an
t�
inducement to Seller to sell the Property to Buyer, Buyer makes the following representations,
each of which is material and is being relied upon by Seller:
13.1 Authority.
Buyer has full power and authority to enter into this Agreement and to
consummate the transactions contemplated herein without obtaining the consent or approval of
any other person, entity or governmental authority. The person(s) whose name(s) are set forth
below hereby personally represent and warrant that they have full power and authority to sign the
name of Buyer to this Agreement and to cause this Agreement to be a binding obligation of
zn
Buyer.
13.2 Truthfulness at Closing.
The representations of Buyer set forth in this Agreement shall be true on
and as of the Close of Escrow as if those representations and warranties were made on and as of
such time.
14. SELLER'S DEFAULT.
In the event that Seller shall fail to perform Seller's obligations
hereunder, Buyer shall have the option to: (i) extend the Closing for such time as Buyer chooses
to allow Seller to remedy such default, (ii) waive such default in writing, "or" (iii) pursue all
legal or equitable remedies available to it, including, without limitation, terminating this
Agreement by written notice to Seller prior to cure of the default.
15. MISCELLANEOUS.
15.1 Risk of Loss.
The risk of loss or damage to the Property until the Closing is
assumed by Seller. If any damage occurs to the Property prior to Closing, Seller shall promptly
give Buyer written notice of the occurrence thereof and of the amount of any insurance proceeds
available for the repair of such damage. Buyer at its sole option may terminate this Agreement
by written notice given to Seller within thirty (30) days of Buyer's receipt of such notice. in
which case the funds and documents deposited with Escrow Holder shall be returned to Buyer
and this Agreement shall be null and void. If Buyer does not give such notice, or gives notice
that it will nonetheless proceed with the Closing, then this Agreement will remain in full force
and effect and Seller shall assign any available insurance proceeds to Buyer at or before the
Closing.
15.2 Notices,
All notice or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; sent by certified mail, postage
86876-0001\1 606297v3.doe -8- F-46
prepaid, return receipt requested; or delivered or sent by overnight courier and shall be deemed
received upon the earlier of (i) if mailed by certified mail, three (3) business days after the date
of posting by the United States Post Office, or (ii) if sent by overnight courier, when delivered to
the specified address.
To Buyer: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue. 40th Floor
Los Angeles, California 90071
Attn: Carol W. Lynch, Esq.
To Seller: Angeles, LLC
3444 Whittier Blvd.
Los Angeles, CA 90023
To Escrow Holder: First American Title Insurance Company
777 S. Figueroa Street, Suite 400
Los Angeles, CA 90017
Attn: Sylvia Meldonia (213/271/1764)
Notice of change of address shall be given by written notice in the manner detailed in this
Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request, or communication sent.
15.3 Assignment.
Buyer may not assign, transfer, or convey its rights or obligations
under this Agreement without the prior written consent of Seller. However, that Buyer shall in
no event be released from its obligations hereunder by reason of any assignment. No assignment
or transfer, if permitted, shall be effective unless each assignee or transferee expressly agrees in
writing to be bound by the terms and conditions of this Agreement. Any purported assignment,
transfer, or encumbrance in violation of the foregoing may, at the option of Seller, be deemed
null and void or be a default hereunder.
15.4 Seller's Use of Property.
From and after the date of Seller*s execution hereof, Seller shall
maintain the Property in the same condition and state of repair as on the Effective Date, and
Seller shall not grant or convey any easement, lease, license, permit, encumbrance, lien, or any
other legal or beneficial interest in or to the Property, improvements thereon, mineral or water
rights appurtenant thereto, or any other property rights whatsoever without the prior written
consent of Buyer, nor shall Seller violate, or allow the violation of any law, ordinance, rule, or
regulation affecting the Property. Seller shall do or cause to be done all things reasonably within
86876-000 h I 606297v3.doc -9- F-47
its control to preserve intact and unimpaired any and all easements, grants, appurtenances.
privileges, and licenses in favor of or constituting any portion of the Property.
15.5 Delivery of Materials.
Seller shall deliver to Buyer, at no expense to Buyer, within ten 10)
days of Seller's execution hereof, copies of any and all contracts affecting the Property
(including service and materials contracts), soils investigations and reports, water and sewer
studies, topographic maps, photographs, mapping, platting, and other materials, if any,
concerning the Property, which are owned by Seller or are in Seller's possession (collectively,
the "Materials").
15.6 Survival and Conditions Precedent.
Agreements, representations, covenants, and warranties contained
in this Agreement or any amendment or supplement hereto shall survive Closing and delivery of
deed hereunder and shall not be merged thereby, and, in addition to any effect any of the same
have in law or in equity, all of the same will be deemed to be conditions precedent to the Buyer's
obligations hereunder, whether so expressed or not. Seller acknowledges that all of the
conditions to this Agreement which are for the sole benefit of the Buyer may unilaterally be
waived by the Buyer only in writing.
16. GENERAL PROVISIONS.
16.1 Required Actions of Buyer and Seller.
Buyer and Seller agree to execute such further instruments and
documents and to consummate the purchase and sale herein contemplated, and to effectuate the
intent of this Agreement.
16.2 Time of Essence.
Time is of the essence of each and every term, condition,
obligation, and provision hereof.
16.3 Counterparts.
This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument. Faxed copies of signed documents may be considered as originals if agreed to by
each of the parties hereto.
16.4 Captions.
Any captions to, or headings of, the paragraph or subparagraphs of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
-10-
R6876-0001 \ 16062970,doc F-48
16,5 No Obligations. to Third Parties.
Except as otherwise expressly provided herein, the execution and
delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the
parties hereto, to any person or entity other than the parties hereto.
reference.
16.6 Exhibits.
The Exhibits attached hereto are hereby incorporated herein by this
16.7 Amendment to this Agreement.
The terms of this Agreement may not be modified or amended
except by an instrument in writing executed by each of the parties hereto.
16.8 Waiver.
The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
16.9 Applicable.. Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, excluding California's choice of law rules. Venue for
any lawsuit that is filed to enforce the provisions of this Agreement shall be in Los Angeles
County Superior Court.
16.10 Fees and Other Expenses.
Except as otherwise provided herein, each of the parties shall pay
its own attorneys', consultants' and other fees and expenses in connection with this Agreement.
16.11 Entire Agreement.
This Agreement supersedes any prior agreements, negotiations and
communications, oral or written, and contains the entire agreement between Buyer and Seller as
to the subject matter hereof. No subsequent agreement, representation, or promise made by ether
party hereto, or by or to an employee, officer, agent, or representative of either party shall be of
any effect unless it is in writing and executed by the party to be bound thereby.
16.12 Successors and Assigns.
Subject to any limitations on assignment contained herein, this
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto.
R6976-000 I \1 606297v3,doc j F-49
16.13 No Presumption.
Each provision of this Agreement has been independently and
freely negotiated by both parties as if this Agreement were drafted by both parties. In the event
of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or
permitting interpretation of said ambiguity against or in favor of either party.
16.14 Attorneys* Fees.
In the event that either party is required to commence any action or
proceedings against the other in order to enforce the provisions hereof, or in order to obtain
damages for the alleged breach of any of the provisions hereof, the parties agree that both parties
Z�l
shall bear their own costs in connection with said action or proceedings and that no award of
costs or attorney ' s fees shall arise out of any such action or proceedings.
16.15 Brokerage Fees.
Each party represents to the other that it has not engaged any
broker, finder or salesperson in connection with this matter.
16.16 Survival.
Except as otherwise provided herein, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or instrument
executed or delivered pursuant to this Agreement shall survive the Closing and shall not merge
into any deed, assignment, or other instrument executed or delivered pursuant hereto.
16.17 IRS Real Estate Sales Reporting.
Buyer and Seller hereby appoint Escrow Agent as, and Escrow
Agent agrees to act as
"the person responsible for closing" the transactions which are the subject
of this Agreement, pursuant to Internal Revenue Code of 1986 Section 6045(e). Escrow Agent
shall prepare and file the informational return (IRS Form 1099-S) required by and otherwise
comply with the terms of IRS Section 6045(e).
16.18 Authority of City Manager.
The City Manager shall have the authority to make all
determinations and give all consents and approvals hereunder on behalf of City provided they are
in writing. The City Manager may also waive provisions hereof and make non -substantial
amendments to this Agreement on behalf of City provided the waiver(s) and amendment(s) are in
writing.
-12-
R6876-0001"11 606297v3.doc F-50
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above -Nwitten.
This Agreement creates certain legal rights and responsibilities as described herein and
all parties should consider obtaining legal advice prior to execution of it.
"BUYER":
CITY OF RANCHO PALOS VERDES
By:
Susan Brooks,
Mayor
ATTEST:
Carla Morreale,
City Clerk
APPROVED AS TO FORM:
Carol W. Lynch of Richards, Watson &
Gershon, City Attorney
"SELLER":
ANGELES, LLC,
a Nevada limited liability company
By: -
Print Name:
Title:
86876-0001 \ I 606297v3.doc -13- F-51
EXHIBIT "A"
NIAHNNEW
(Attached.)
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R6&76.Od01\I60b297v3.doc F-52
McGee Surveying Consulting Page 1 of August 19, 2013
PRELIMINARY
Description of the Cite of Rancho Palos Verdes Acquisition Parcel
Shown as Parcel Two on the attached "Exhibit Map of Parcel Line Adjustment"
That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California,
more particularly described as follows:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID
COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL
RECORDS OF SAID COUNTY, NORTH 13° 59'22" EAST 113.38 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 71 ° 58'05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID
TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY
LINE TO THE POINT OF BEGINNING.
PARCEL 2: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO.
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND
FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE
NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN BOOK 647
PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, AS HAVING A BEARING AND LENGTH OF NORTH 66° 29'42" WEST 243.82
FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY LINE OF THE
LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS
OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 710 57'57" EAST 547.58
FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 71° 58'05" EAST
119.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED; SOUTH 160 47'41 " EAST 15.00
FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354;
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 660 29'42" WEST 128.93 FEET TO
THE POINT OF BEGINNING.
F-53
McGee Surveying Consulting Page 2 of August 19, 2013
i • i
PAGE 57 OF JUDGMENTS,
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354,
AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN
THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207 PAGE 166 OF
OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 16-
47'41 "
6°47'41" EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 16° 47'41 " EAST
TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 530 07'56" EAST TO
THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED
IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74° 56,19"
WEST TO AN ANGLE POINT THEREIN AND NORTH 470 01' 26" WEST 30.00 FEET TO THE
MOST EASTERLY CORNER OF THAT PORTION OF LOT I I OF SAID TRACT NO. 21354
SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET"; THENCE
ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS:
NORTH 470 01'26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINES OF LOTS 11, 10 AND 9 OF SAID TRACT NO. 21354, TO
THE TRUE POINT OF BEGINNING.
PARCEL 4: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL." CASE NO. 2373,
IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR
SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN
THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 63 OF TRACT NO, 21353, AS
SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS. IN THE
OFFICE OF THE COUNTY RECORDER BOUNDARY
LINE OF SAID
TRACT #. 21353, SOUTH ; *5"EAST TO EASTERLY BOUNDARY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOKf OFFICIAL •
RECORDS OF i #UNTY: THENCE NORTHERLY, NORTHEASTERLY
NORTHWESTERLY # SAID EASTERLYBOUNDARY TO THE EASTERLY
BOUNDARY i •SOUTHERLY
WESTERLY ALONG SAID LAST MENTIONED BOUNDARY
•
F-54
McGee Surveying Consulting Page 3 of August 19, 2013
s i i ! • • • s s
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21353,
AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN
COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN
BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING
AND LENGTH OF NORTH 200 32'00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY
LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS:
SOUTH 200 32'00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05'05" EAST 359.86
FEET AND NORTH 220 41'07" WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 6: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET ALI VS. BENT, ET AL,"
CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE
OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4
PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT
PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN
BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE
LAND DESCRIBED IN SAID DEED, SOUTH 5° 55'42" WEST 392.44 FEET TO THE ANGLE
POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO, 21351; THENCE ALONG THE
BOUNDARY OF SAID TRACT NO. 21351, NORTH 380 45'35" EAST 459.00 FEET TO A POINT IN
THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK
48759 PAGE 246 OF SAID OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG
SAID NORTHERLY TO THE POINT OF BEGINNING.
F-55
McGee Surveying Consulting Page 4 of August 19. 2013
PARCEL 7: {PORTION OF APN 7578-002-009 AND ALL OF APN 7578 -002 -Olt})
S S i •
i r • i i
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY
LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HAVING A BEARING AND
LENGTH OF NORTH 620 59'45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683,
RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN
SOUTHWESTERLY LINE, SOUTH 620 59'45" EAST 481.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 27° 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOT{ 21337 PAGE 33 OF
OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 13° 59,22"
WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG
SAID EASTERLY LINE SOUTH 130 59'22" WEST 10.08 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED
IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED
DEED SOUTH 710 58'05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF
TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF
MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT
NO. 21354, NORTH 76° 31' 05" EAST 14.04 FEET AND SOUTH 66° 29'42" EAST 76.96 FEET TO
THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH
LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID
LAST MENTIONED DEED SOUTH 710 58'05" EAST 119.78 FEET AND SOUTH 160 47,491, EAST
15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29'42" EAST 37.93 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE THEREIN CONCAVE WESTERLY AND HAVING A
RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH
53° 18'52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID
LOT 9, AN ARC DISTANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED
IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED
BOUNDARY SOUTH 160 47'49" EAST 121.11 FEET AND SOUTH 530 07'56" EAST 81.20 FEET
TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN
BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE
ALONG THE NORTHERLY AND EASTERLY LINES OF SAIZ} LAST MENTIONED LOT, NORTH
730 56' 19" EAST 54.24 FEET AND SOUTH 30 42' 12" EAST 88.16 FEET TO THE BOUNDARY OF
THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID
LAST MENTIONED BOUNDARY SOUTH 150 56'51 " EAST 105.46 FEET; SOUTH 30° 23' 51"
WEST 161.47 FEET AND SOUTH I50 29'0 1 " WEST 353.28 FEET TO THE NORTHEASTERLY
LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST
MENTIONED LOT, SOUTH 670 36' 15" EAST 32.42 FEET: THENCE SOUTH 16° 41' 31" EAST
113.12 FEET AND SOUTH 330 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND
DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED
BOUNDARY, SOUTH 220 41' 15" EAST 285.96 FEET; THENCE LEAVING SAID LAST
MENTIONED BOUNDARY, NORTH 890 34'23" EAST ALONG A LINE THAT WOULD PASS
THROUGH THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, A
F-56
McGee Surveying Consulting Page 5 of 6 August 19. 2013
DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS
PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS,RECORDS OF
SAID COUNTY, THENCE ALONG THE WESTERLY LINES OF LOTS 15,16 AND 17 OF SAID
TRACT NO. 21351, NORTH 9° 48'07 EAST 79.54 FEET AND NORTH 16° 08' I" EAST 75.95
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE
WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PROLONGATION OF LAST MENTIONED
TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; NORTH 5°
55'42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY;
THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 82° 31' 00" EAST 248.95 FEET
TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG
THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 380 45'35"
EAST 12.96 FEET AND SOUTH 820 27'27" EAST 287.38 FEET TO THE SOUTHWEST CORNER
OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT
47, NORTH 17° 03'54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT
NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES I AND 2 OF MAPS, RECORDS OF
SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED
TRACT, NORTH 37° 50- 19" WEST 179.78 FEET AND NORTH 290 47'28" EAST 110 FEET TO
THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON
SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID
MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM ALL OF THE ABOVE THAT PORTION LYING NORTHWEST OF THE
FOLLOWING DESCRIBED LINE.
Commencing at a found spike and washer stamped "LS541 I" shown on LA County field book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Records.
Thence North 66°39'06" East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled "Future Street" on said Tract No. 21353.
Thence North 51 °49'00" East 136.59 feet to a point on the northeast Zine of said "Future Street"
that bears South 47°01'26" East 3.53 feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" bears South
44040' East 10.06 feet, and the Point of Beginning of the Boundary Line to be herein described.
Thence North 4715* 12" East 67.17 feet to a set I " x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 42°41'37" East 152.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
F-57
McGee Surveying Consulting Page 6 of 6 August 19. 2013
Thence North 25'04'26" East 721.44 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945*.
Thence North 44°20'51" East 49.97 feet
Thence North 27'37'32" East 66.71 feet
Thence North 26'29'22" West 45.30 feet
Thence North 18'40'18" West 64.33 feet
Thence North 47'25'39" East 6.60 feet to a set I " x 36" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence South 66'35'18" East 69.03 feet
Thence South 37°28'31" East 32.55 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 06'22'39*' East 51.07 feet
Thence North 15°31' 15" East 30.12 feet
Thence North 04'02'30" East 68.64 feet to a set I " x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 68°51 '10" East 50.18 feet
Thence North 85'3442" East 44.49 feet to the point that the bears South 30'56'36" West 11.98
feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown
in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26'17'34" East
58.78 feet from a found spike and washer marking the intersection of the center of Grayslake
Road and the centerline semi -tangent of Montemalaga Drive as shown on Tract No. 19683
recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282.
Thence North 30'56'36" East 4.46 feet to the south line of Montemalaga Drive, being a point on
a curve with a radius 1120 feet and 40 feet south of the centerline of Montemalaga Drive as
shown on Tract No. 19683 recorded in Book 658 of Maps Page 9-12.
SURVEYOR'S STATEMENT:
This description was prepared August 19, 2013 at the request of the
City of Rancho Palos Verdes and is compiled from record information
and Title Report No. NCS-480162-SAC4 issued by First American
Title dated April 11, 2012.
Michael R. McGee, PLS3945
F-58
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EXHIBIT MAP
of a
Parcel Line Adjustment
For
City of Rancho Palos Verdes
APN 7578-002-009, 7578-003-001
Los Angeles County California
Prepared 08/11/2012 by
Michael McGee, PLS3945
McGee Surveying Consulting
F-59
McGee Surveying Consulting Page 1 of 3 September 13, 2013
PRELIMINARY
Description of RPS' Parcel APN 7578-003-006
THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES• OF
LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL.
CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID
STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE
57 OF ! i' COURT OF • ! COUNTY,DESCRIBED AS
! •
F-60
McGee Surveying Consulting Page 2 of 3 September 13, 2013
FEET; NORTH 30' 00'00" EAST 311.18 FEET TO THE BEGINNING OF A NONTANGENT
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 270 FEET, A RADIAL LINE OF
SAID
i MENTIONED CURVE BEARSSOUTH,5" WEST; EASTERLY ALONG
SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33'03'28", AN ARC
DISTANCE
j ! EASTERLY l • a REVERSE CURVE• +
SOUTHERLY AND HAVING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 240
,. AN ,. DISTANCE OF •73 FEET; TANGENT TO SAID LAST MENTIONED
CURVE SOUTH 860 58'40" EAST 79.64 FEET AND NORTH 390 19'50" WEST 81.19FEET
TO THE POINT OF
THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL.
CASE
# DISTRICT COURT
JUDICIAL i OF a i
STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE
57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS
• •
i • ' ••• • • #• i
• 1 i i •� i i i• �•i i# • • •• i
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:• il• • + i i : i all i i'
LOCIMMAIMANO
•• , .
i + r • . • •
1 1
i •' ' i i ! • ' • i • i :ii i •a
BEGINNINGMAN
AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCELI
OF DEED RECORDED ON • • AS DOCUMENT NO. 2360,BOOK 51464
F-61
McGee Surveying Consulting Page 3 of 3 September 13, 2013
i i • ! •' ! 1E ' i i • •• • i
• �i •' ! ! ' !'s Wipt a kv, I a LI I! ! •i i �•
SURVEYOR'S STATEMENT:
This description was prepared August 20, 2013 at the request of the
City of Rancho Palos Verdes and is compiled from record information
and Title Report No. NCS-480162-SAC4 issued by First American
Title dated April 11, 2012.
Michael R. McGee, PLS3945
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11 -50: Portuguese Bend - Private Ownerships 143
F-63
Portion of Lot 24, of L A C A Map No. 51, compiled December 1. 1944, in the City of Rancho
Palos Verdes, County of Los Angeles, State of California, and recorded in Book I at Page I of
Assessor's Maps, in the office of the county recorder of said county as described in Parcel I of
Deed recorded September 27, 2000 as Instrument No. 00- 1518362, Official Records.
Except for the land described as follows:
Beginning at the Northwesterly comer of said Lot 65; thence Northerly along the Westerly line
of Lot 66 of said Tract No. 21169 a distance of 17.00 feet; thence Westerly along a line
perpendicular with the Westerly line of said Lot 66 a distance of 50.00 feet; thence Southerly
along a line parallel with the Westerly line of said Lots 65 and 66 a distance of 100.00 feet;
thence Easterly along a line perpendicular with the Westerly line of said Lot 65 a distance of
50 feet to a point of intersection with the Westerly line of Cot 64 of said Tract No. 21169; thence
Northerly along the Westerly line of said Lots 64 and 65 to the point of beginning.
86876-00W I 627478v Ldoc F-64
',-�P 0 103
LOT 66
LOT 66
|
/
|
\
L LOT
OT 64
LOT AR[AS'
.
/ LOT 85 EXISTING = 7'590 S.F
PARCEL A PROPOSED = 12.580 Sf�
/
PORTION LOT 24 EXISTING = 20.98 ACRES
PORTION B PROPOSED = 20.86 ACRES
/
|
/
|
\
/
/
\
/
.
/
|
/
|
/
/
LOT AR[AS'
.
/ LOT 85 EXISTING = 7'590 S.F
PARCEL A PROPOSED = 12.580 Sf�
/
PORTION LOT 24 EXISTING = 20.98 ACRES
PORTION B PROPOSED = 20.86 ACRES
/
EXHIBIT 113ft
(Attached.)
R6876-0001` I 606297v3.doc F-66
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO
(AND MAIL TAX STATEMENTS TO):
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
APN:
[SPACE ABOVE FOR RECORDEWS USE ONLY]
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 7383
83
Exempt from Documentary Transfer Tax; conveyance to a public entity.
i
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
ANGELES, LLC, a Nevada limited liability company (the "Grantor") hereby grants to the CITY
OF RANCHO PALOS VERDES ("Grantee") the land in the City of Rancho Palos Verdes,
County of Los Angeles, State of California, more particularly described on Exhibit A attached
hereto and all improvements thereon (the "Property").
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: 2013 ANGELES, LLC,
a Nevada limited liability company
By: -
Print Name:
Title:
R6876-000 1\1 606297v3.doc F-67
State of California
County of Los Angeles
On . before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacitv(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.
Signature
State of California
County of Los Angeles
M
before me,
(Seal)
(insert name and title of the officer)
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.
Signature
R6876-0001 \1 606297v3.doc
M
Leal Description of the Land
(Attached.)
R6876 -0001"d 606297v3,doc F-69
McGee Surveying Consulting Wage 1 of 3 September 13, 2013
THAT
REAL
x i• •• i OF
RANCHO
1# • a • VERDES IN THE COUNTY OF
LOS ANGELES,a OF CALIFORNIA, i• PARTICULARLY DESCRIBED A
• •
a •
i
THAT PORTION OF LOT "H"OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL.11
CASE NO. 2373, IN THE DISTRICT COURTOF i ` DISTRICT OF ' •
FOLLOWS:STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE
57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS
F-70
McGee Surveying Consulting Page 2 of 3 September 13, 2013
• # a #_ • a ! a a •ai # � a rx! a #
a i a # i • � a• # f' ' a i
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KID
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THAT PORTION OF LOT "H" OF THE RANCHOS LOS PALOS VERDES, ALLOTTED TO
JOTHAM DECREE OF PARTITION IN ACTION "BIXBY,' AL.
CASE ! 2373, IN THE DISTRICT COURTOF 1 ` DISTRICT OF '!
SUPERIORSTATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE
57 OF JUDGMENTS, IN THE COURTOF a i COUNTY,
i •
• i' ! i i ! ! i s a a� a• i
a. y x a� x• a i i • i` � i :� 1•
ii 191,110
' !i
UNN=12 Eli!
• a •
a # i • # i i ' ! # ' i
a i !• # i i • ! •"
F-71
McGee Surveying Consulting Page 3 of 3 September 13. 2013
:!i •• •a •! • • i a. !•! ! a ! !
! ' # i i s !• a i # a! • a ! i
+ ! + i + ! a i ! • i • a • i •' ! • +
+, a a • a ! + ! , • i i
SURVEYOR'S STATEMENT:
This description was prepared August 20, 2013 at the request of the
City of Rancho Palos Verdes and is compiled from record information
and Title Report No. NCS-480162-SAC4 issued by First American
Title dated April 11, 2012.
Michael R. McGee, PLS3945
F-72
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McGee Surveying Consulting Page I of ,august 19, 2013
PRELIMINARY 6
_Description of the City of Rancho Palos Verdes Acquisition Parcel
Shown as Parcel Two on the attached "Exhibit Map of a Parcel Line Adjustment"
That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California.
more particularly described as follows:
PARCEL 1: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID
COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL
RECORDS OF SAID COUNTY, NORTH 130 59'.22" EAST 113,38 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 71 ° 58'05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID
TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY
LINE TO THE POINT OF BEGINNING.
PARCEL 2: (PORTION OF APN 7578-002-409)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION BIXBY, ET AL., VS. BENT, ET AL." CASE NO.
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND
FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE
NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN BOOK 647
PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, AS HAVING A BEARING AND LENGTH OF NORTH 66° 1-9'42" WEST 243.82
FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY LINE OF THE
LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS
OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 71° 57'57" EAST 547.58
FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 7l'58'05" EAST
119.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 160 4741 " EAST 15.00
FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354;
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 660 29'42" WEST 128.93 FEET TO
THE POINT OF BEGINNING.
F-74
McGee Surveying Consulting Page 2 of 6 August 19, 2013
PARCEL 3: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL, VS. BENT, ET
AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF
SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4
PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354,
AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WITH THAT CERTAIN COURSE IN
THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207 PAGE 166 OF
OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 160
4741 " EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 16° 47'41 " EAST
TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 530 07'56" EAST TO
THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED
IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74° 56,19"
WEST TO AN ANGLE POINT THEREIN AND NORTH 470 01'26" WEST 30.00 FEET TO THE
MOST EASTERLY CORNER OF THAT PORTION OF LOT I I OF SAID TRACT NO. 21354
SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET"; THENCE
ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS:
NORTH 470 01'26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINES OF LOTS 11, 10 AND 9 OF SAID TRACT NO. 21354, TO
THE TRUE POINT OF BEGINNING.
PARCEL 4: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL." CASE NO. 2373,
IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR
SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS. IN
THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 63 OF TRACT NO. 21353, AS
SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE BOUNDARY
LINE OF SAID TRACT NO. 21353, SOUTH 670 36' 15" EAST TO THE EASTERLY BOUNDARY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY, NORTHEASTERLY AND
NORTHWESTERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE EASTERLY
BOUNDARY LINE OF SAID TRACT NO. 21353; THENCE SOUTHERLY AND SOUTH
WESTERLY ALONG SAID LAST MENTIONED BOUNDARY LINE, TO THE POINT OF
BEGINNING.
F-75
McGee Surveying Consulting Page 3 of b August 19. 2013
PARCEL 5: (APN 7578-003-001)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT ET AL." CASE NO,
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE. IN AND
FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO, 21353,
AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN
COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN
BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING
AND LENGTH OF NORTH 200 32'00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY
LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS:
SOUTH 200 32'00" EAST TO AN ANGLE POINT THEREIN; NORTH 610 05'05" EAST 359.86
FEET AND NORTH 220 41'07" WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 6: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN THE ACTION 'BIXBY, ET ALI VS. BENT, ET AL,"
CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE
OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4
PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT
PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN
BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE
LAND DESCRIBED IN SAID DEED, SOUTH 5° 55'42" WEST 392.44 FEET TO THE ANGLE
POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO.21351; THENCE ALONG THE
BOUNDARY OF SAID TRACT NO. 21351, NORTH 38° 45'35" EAST 459.00 FEET TO A POINT IN
THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK
48759 PAGE 246 OF SAID OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG
SAID NORTHERLY TO THE POINT OF BEGINNING.
F-76
McGee Surveying Consulting Page 4 of 6 August 19, 2013
PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-010)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO.
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND
FOR SAID COUNTY OF LOS ANGELES AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY
LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HAVING A BEARING AND
LENGTH OF NORTH 62' 59'45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683,
RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN
SOUTHWESTERLY LINE, SOUTH 620 59'45" EAST 481.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 27' 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 21337 PAGE 33 OF
OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 130 591221',
WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG
SAID EASTERLY LINE SOUTH 130 59'22" WEST 10.08 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED
IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED
DEED SOUTH 71' 58'05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF
TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF
MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT
NO. 21354, NORTH 760 31' 05" EAST 14.04 FEET AND SOUTH 66' 29'42" EAST 76.96 FEET TO
THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH
LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID
LAST MENTIONED DEED SOUTH 71' 58'05" EAST 119.78 FEET AND SOUTH 16' 47'491, EAST
15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66' 29'42" EAST 37.93 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE THEREIN CONCAVE WESTERLY AND HAVING A
RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH
53' 18'52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID
LOT 9, AN ARC DISTANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED
IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED
BOUNDARY SOUTH 16' 47'49" EAST 121.11 FEET AND SOUTH 53' 07'56" EAST 81.20 FEET
TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN
BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE
ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LAST MENTIONED LOT, NORTH
730 56' 19" EAST 54.24 FEET AND SOUTH 3' 42' 12" EAST 88.16 FEET TO THE BOUNDARY OF
THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL: THENCE ALONG SAID
LAST MENTIONED BOUNDARY SOUTH 150 56'51 " EAST 105.46 FEET; SOUTH 30' 23,51 "
WEST 161.47 FEET AND SOUTH 1.50 29'0 1 " WEST 353.28 FEET TO THE NORTHEASTERLY
LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST
MENTIONED LOT, SOUTH 67' 36' 15" EAST 32.42 FEET; THENCE SOUTH 16' 41' 31" EAST
113.12 FEET AND SOUTH 330 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND
DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED
BOUNDARY, SOUTH 220 4 P I5" EAST 285.96 FEET: THENCE LEAVING SAID LAST
MENTIONED BOUNDARY, NORTH 89' 34'23" EAST ALONG A LINE THAT WOULD PASS
THROUGH THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY. A
F-77
McGee Surveying Consulting Page 5 of 6 August 19, 2013
DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS
PER MAP RECORDED IN BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS.,RECORDS OF
SAID COUNTY; THENCE ALONG THE WESTERLY LINES OF LOTS 15.16 AND 17 OF SAID
TRACT NO. 2135 1. NORTH 90 48'07" EAST 79.54 FEET AND NORTH 160 08' IS" EAST 75.95
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE
WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PROLONGATION OF LAST MENTIONED
TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 50
55'42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY;
THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 820 31' 00" EAST 248.95 FEET
TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG
THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 38- 45,35"
EAST 12.96 FEET AND SOUTH 820 27'27" EAST 287.38 FEET TO THE SOUTHWEST CORNER
OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT
47, NORTH 17- 03'54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT
NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES I AND 2 OF MAPS, RECORDS OF
SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED
TRACT, NORTH 37- 50' 19" WEST 179.78 FEET AND NORTH 29. 47'28" EAST 110 FEET TO
THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON
SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID
MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM ALL OF THE ABOVE THAT PORTION LYING NORTHWEST OF THE
FOLLOWING DESCRIBED LINE.
Commencing at a found spike and washer stamped "LS541 I" shown on LA County field book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Records.
Thence North 66'39'06" East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled "Future Street" on said Tract No. 21353.
Thence North 51 °49'00" East 136.59 feet to a point on the northeast line of said "Future Street"
that bears South 47'01'26" East 3.53 feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 15' brass washer stamped "McGee Surveying PLS3945" bears South
44'40' East 10.06 feet, and the Point of Beginning of the Boundary Line to be herein described.
Thence North 4715'12** East 67.17 feet to a set I'" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 42°41'37" East 152.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped '*McGee Surveying PLS3945".
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McGee Surveying Consulting Page 6 of 6 August 19, 20135
Thence North 25'04'26" East 72.44 feet to a set I " x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 44°20'51" East 49.97 feet
Thence North 27'37'32" East 66.71 feet
Thence North 26'29*22" West 45.30 feet
Thence North 18'40'18*' West 6433 feet
Thence North 47'2539" East 6.60 feet to a set I" x 36" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence South 66'35'18" East 69.03 feet
Thence South 37°28'31" East 32.55 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 06'22'39" East 51.07 feet
Thence North 15°31' 1 5" East 30.12 feet
Thence North 04'02'30" East 68.64 feet to a set I " x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 68°51' 1 0" East 50.18 feet
Thence North 85'34'42" East 44.49 feet to the point that the bears South 30'5636" West 11.98
feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown
in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26'17'34" East
58.78 feet from a found spike and washer marking the intersection of the center of Grayslake
Road and the centerline semi -tangent of Montemalaga Drive as shown on Tract No. 19683
recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282.
Thence North 30'56'36'* East 4.46 feet to the south line of Montemalaga Drive, being a point on
a curve with a radius 1120 feet and 40 feet south of the centerline of Montemalaga Drive as
shown on Tract No. 19683 recorded in Book 658 of Maps Page 9-12.
SURVEYOR'S STATEMENT:
This description was prepared August 19, 2013 at the request of the
4:1
Citv of Rancho Palos Verdes and is compiled from record information
and Title Report No. NCS-480162-SAC4 issued by First American
Title dated April 11, 2012.
Michael R. McGee, PLS3945
F-79
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EXHIBIT MAP
of a
Parcel Line Adjustment
For
City of Rancho Palos Verdes
APN 7578-002-009, 7578-003-001
Los Angeles County California
Prepared 08/11/2012 by
Michael McGee, PLS3945
McGee Surveying Consulting
•
Portion of Lot 24, of L A C A Map No. 51, compiled December 1, 1944, in the City of Rancho
Palos Verdes, County of Los Angeles, State of California, and recorded in Book I at Page I of
4-1
Assessor's Maps, in the office of the county recorder of said county as described in Parcel I of
Deed recorded September 27, 2000 as Instrument No. 00-151 8362, Official Records.
Except for the land described as follows:
Beginning at the Northwesterly comer of said Lot 65; thence Northerly along the Westerly line
of Lot 66 of said Tract No. 21169 a distance of 17.00 feet; thence Westerly along a line
perpendicular with the Westerly line of said Lot 66 a distance of 50.00 feet; thence Southerly
along a line parallel with the Westerly line of said Lots 65 and 66 a distance of 100.00 feet;
thence Easterly along a line perpendicular with the Westerly line of said Lot 65 a distance of
50 feet to a point of intersection with the Westerly line of Lot 64 of said Tract No. 21169; thence
Northerly along the Westerly line of said Lots 64 and 65 to the point of beginning.
R6876-0001 k 1627478v Ldoc F-81
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LOT AREAS'
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/LOT 65 EXISTING = 7^5QO S.F.-1/PARCEL A PROPOSED = 12,590 S.F.
PORTION LOT 24 EXISTING = 20.98 ACRES
PORTION B PROPOSED = 20.86 ACRES
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LOT 65
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed
dated in 2013, from ANGELES, LLC, to the City of Rancho Palos Verdes,
officer which is a political corporation, is hereby accepted by the undersigned o cer on behalf of the
City of Rancho Palos Verdes pursuant to the authority conferred by action of the City Council of
the City of Rancho Palos Verdes on 2013, and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: , 2013
Carolyn Lehr
City Manager
86976-0001 \11 606297v3.doc F-83
EXHIBIT rich
DESCRIPTION OF SELLER WORK
Seller shall construct to Buyer's satisfaction a driveway entrance at the cul-de-sac and the
common driveway ("Driveway") that shall be used by both Buyer and Seller to access the
Property and for Seller to access the adjacent property that is owned by Seller. Prior to the
commencement of construction of the Driveway, Seller shall submit engineered plans for the
construction of the Driveway for review and approval by Buyer's Department of Public Works.
Seller shall revise the design of the Driveway, if so directed by Buyer. Seller shall construct the
Driveway in accordance with the approved plan to Buyer's satisfaction and shall obtain final
approval of the construction from Buyer's Department of Public Works.
86876-0001\16062970 doe F-84
HM of I Ili I
86876-0001;1606297v 3.doc F-85
n" I Owl -, I a a -A KKGI E4 a bill Ing M
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attn: City Clerk
RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
THIS RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT
("Agreement") is dated as of the —day of — , 2013, and is entered into by and between
the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City-) and
ANGELES. LLC. a California limited liability company ("Angeles"). City and Angeles and
their successors -in -interest are hereafter referred to collectively as the "Owners" and individually
as an "Owner".
RECITALS
A. The City is the owner of the land legally described on Exhibit "A" attached hereto
(collectively, the "City Property").
B. Angeles is the owner of the property described on Exhibit "B" (the "Angeles
Property").
C. The City Property and the Angeles Property are adjacent to one another, and the
Owners would like to create a roadway for joint access by both Owners to their respective
properties (the "Joint Access Right of Way"). A depiction of the Joint Access Right of Way is
attached hereto as Exhibit "C."
D. This Agreement is being executed and recorded concurrently with the conveyance
by Angeles to City of the City Property pursuant to and as required by an "Agreement for
Purchase and Sale of Property and Joint Escrow Instructions" between Angeles, as seller, and
City, as buyer, dated September _, 2013 (the "'PSA").
E. The PSA requires, among other things, that Angeles construct roadway
improvements over the Joint Access Right of Way after the sale, and the parties desire to
allocation herein the responsibility for maintaining such improvements.
NOW THEREFORE, in consideration of the PSA and the obligations therein, and the
covenants and easements contained herein, the Owner hereby agrees as follows:
1. Access Easements. Angeles hereby grants to City an easement for
pedestrian and vehicle access over the portion of the Angeles Property described on Exhibit
City hereby grants to Angeles an easement for pedestrian and vehicle access over the portion of
the City property described on Exhibit "E".
86876-000 I \ I 612856Q.doc
1
F-86
2. Improvements by Owners. Each Owner agrees that it will not impair
ingress and egress over the Joint Access Right of Way.
3. Maintenance. Following the construction of the Roadway Improvements
City shall maintain the Roadway Improvements in good condition and repair and shall make any
improvements thereto as may be required by law or changes in laws. The cost of such
maintenance shall be shared equally by Owners. Accordingly, following any required
maintenance or improvements performed by City, City shall send an invoice to Angeles or its
successor in interest for fifty percent (50%) of the costs of the required maintenance or
improvements, and Angeles or its successor in interest shall pay the invoice within thirty (30)
days after its given as a notice under Section 9(c) below.
4. Property Taxes and Assessment. Each Owner shall pay, or cause to be
--
paid, directly to the appropriate governmental agencies, prior to delinquency, all real property
taxes and other special taxes and assessments and/or charges, if any, including taxes, assessments
or charges levied in lieu of property taxes, which may be levied or assessed against such
Owner's Property, including, any assessment, charge or tax increase attributable to its interests
created by this Agreement. Each Owner shall nonetheless have the right to contest such taxes
and assessments in any manner provided by law.
5. Indemnity. Each Owner shall defend, indemnify, hold harmless the other
Owner from any liabilities, costs, losses, claims, damages and expenses arising out of its
operation, use, repair or improvement of the Joint Access Right of Way by it or its tenants.,
agents or contractors.
6. Covenants Shall Run With the Land. All the agreements, rights,
obligations, covenants and grants contained in this agreement shall run with the land and shall
be binding upon or inure to the benefit of (as the case may require) the Owners, and their
successors, assigns, successors -in -interest. The easements granted herein are appurtenant
easements, and the easement(s) burdening each Owner's property shall be for the benefit of the
other Owner's property.
7. Authority of City Manager. The City Manager of the City shall have the
authority to amend this Agreement on behalf of City provided the amendment is in writing,
8. Enforcement. In the event of a default or breach by an Owner in the
performance of any of the obligations or agreements herein, the other Owner shall have the right.,
but not the obligation, to cure such default for the account and at the expense of the defaulting
Owner who shall reimburse the curing Owner for all costs and other sums expended in
connection therewith within ten (10) days after written demand. In addition, in the event of any
default, the non -defaulting Owner may pursue any remedies or proceedings available to it at law
or in equity against the defaulting Owner, including injunctive relief.
9. Miscellaneous.
(a) Assignment. The rights and privileges hereunder shall be
transferable only in connection with a transfer of the property to which they are appurtenant.
Subject to the foregoing, all terms of this Agreement shall be binding upon, inure to the benefit
R6876-0001\ I 612856v2.doc F-87
of, and be enforceable by or against the Owners and their respective successors. assigns, and
successors in interest.
(b) Termination of Liability. Whenever a bona fide transfer of any
interest in any of the Parcels takes place, the transferor shall not be liable for breach of a
covenant occurring thereafter with respect to the transferred interest,
(_c) Notices. All notices, demands or other communications given
shall be in writing, and shall be delivered by certified mail, return receipt requested, postage
prepaid and addressed as follows (and shall be deemed delivered on the date of delivery, or
attempted delivery, shown on the return receipt):
To City: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Manager
To Angeles: Angeles, LLC
3444 Whittier Blvd.
Los Angeles, CA 90023
Any Owner (or successor -in -interest to an Owner) may change its address for
notices by a written notice to the other Owner(s) given pursuant to this Section.
(d) No Third -Party Beneficiaries. No person or entity (including any
tenant) shall have any enforceable rights under this Agreement other than the Owners and their
respective successors -in -interest to fee title.
(e) Representations as to Title. Angeles hereby represents and
warrants to City that no deed of trust, mortgage or other lien (other than potential lien for taxes
and assessments not yet delinquent) encumbers the Angeles Property.
(f) Non -Partnership. None of the terms or provisions hereof shall be
deemed to create a partnership between the Owners, nor shall it cause them to be considered
joint venturers, or members of any joint enterprise.
(g) Entire Agreement. This instrument contains the entire agreement
of the Owners as to the specific subject matter hereof.
(h) Time of Essence. Time is of the essence of each provision hereof
in which time is a factor.
(i) Attorneys'. Fees. In the event any Owner shall commence any
action against any other Owner relating to this Agreement or for the breach of any obligation
contained herein, the prevailing party shall be entitled to recover from the losing party
reasonable attorneys' fees, expenses., and court costs.
R6876-0001\ I 612856v2,doc -3 F-88
IN WITNESS WHEREOF, the Owners have executed this Agreement as of the date and year
first above written.
CITY OF RANCHO PALOS VERDES ANGELES. LLC
By: -
Print Name:
Title:
Attest:
City Clerk
By:
Print Name:
Title:
R6876-0001\1 612856v2.doc 4 F-89
State of California
County of
On before me,
(insert name and title of the officer)
personally appeared I
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 %ornethat ho/ohe/theyexecuted the same inhis/hentheirauthorized oapeohY(ieo).
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.
Signature
Signature of Notary Public
State of California
County of
(Seal)
ACKNOWLEDGMENT
On before me,
(insert name and title of the officer)
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 bomethat he/ he/Uheyaxsmutedthesanneinhis/her/theirauthohzedoapauity(iea).
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.
R6876-0001\1 612856v2.doc
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 2728 1)
This is to certift, that the interest in real property conveyed to the City of Rancho Palos
Verdes by that certain Reciprocal Easement and Maintenance Agreement dated
2013, between ANGELES, LLC. and the City of Rancho Palos Verdes, which is a political
corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Palos
Verdes pursuant to the authority conferred by action of the City Council of the City of Rancho
Palos Verdes on 2013, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: 2013
Carolyn Lehr
City Manager
86876-000111 612856v-'I,doc 6 F-91
EXHIBIT "A"
DESCRIPTION OF THE CITY PROPERTY
(Attached.)
t
86876-0001;1612856v2.doc F-92
McGee Surveying Consulting Page 1 of 6 August 19, 2013
PRELIMINARY
Description of the City of Rancho Palos Verdes Acctuisition Parcel
Shown as Parcel Two on the attached "Exhibit Man of a Parcel Line Adjustment"
That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of California,
more particularly described as follows:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO. 2373, IN THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR SAID
COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE
SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337 PAGE 33 OF OFFICIAL
RECORDS OF SAID COUNTY, NORTH 130 59'22" EAST 113.38 FEET; THENCE LEAVING SAID
EASTERLY LINE, SOUTH 71 ° 58'05" EAST TO THE NORTHERLY BOUNDARY LINE OF SAID
TRACT NO. 21354; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY
LINE TO THE POINT OF BEGINNING.
PARCEL 2: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT, ET AL." CASE NO.
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND
FOR SAID COUNTY OF LOS ANGELES, AND ENTERED 1N BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
LAND DESCRIBE# i ! ' i•! ! C!i 1 ## ! ! • !'
COUNTY,OF SAID BEARING AND LENGTH OF i
ALONGFEET; THENCE CERTAIN COURSE,SOUTH 71- 58'05"
# iCONTINUING
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 160 47'41 " EAST 15.00
FEET TO ! CERTAIN COURSE • OF !
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 660# TO
THE POINT OF BEGINNING.
F-93
McGee Sure} ing Consulting Page 2 of 6 August 19, 2013
i !
SAIDaSTATE, AND !` i ! ! ! i :!#
ra OF
JUDGMENTS, COURT OF SAID COUNTY DESCRIBED
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21354,
AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN COURSE IN
THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN BOOK 48207 PAGE 166 OF
OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND LENGTH OF SOUTH 160
47'41 " EAST 287.25 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 161 47'41 " EAST
TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE
BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 530 07'56" EAST TO
THE NORTHERLY BOUNDARY LINE OF TRACT NO. 21353, AS SHOWN ON MAP RECORDED
IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY
RECORDER; THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE, SOUTH 74156,19"
WEST TO AN ANGLE POINT THEREIN AND NORTH 470 01'26" WEST 30.00 FEET TO THE
MOST EASTERLY CORNER OF THAT PORTION OF LOT I I OF SAID TRACT NO. 21354
SHOWN ON MAP OF SAID LAST MENTIONED TRACT AS "FUTURE STREET'; THENCE
ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21354 FOLLOWS:
NORTH 470 01'26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINES OF LOTS 11, 10 AND 9 OF SAID TRACT NO. 21354, TO
THE TRUE POINT OF BEGINNING.
PARCEL 4: (PORTION OF APN 7578-002-009)
THAT
PORTION i i ! i•a • '! • i i i
THAM
BIXBY DECREE OF PARTITION #"BIXBY,NO.
IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN AND FOR
SAID COUNTY OF i AND ENTERED IN BOOK 4 PAGE 57 OF !
GMENTS, IN
THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST #UTHERLY CORNER OF # 63 OF r #
SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN THE
OFFICE OF #UNTY RECORDER OF ! #UNTY; THENCE ALONG THE BOUNDARY
LINE OF SAID TRACT NO. 21353, SOUTH 670 36' 15" EAST TO THE EASTERLY BOUNDARY
LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY, NORTHEASTERLY AND
NORTHWESTERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE EASTERLY
BOUNDARY OF !TRACT NO. 21353; THENCE SOUTHERLY AND SOUTH
WESTERLY# SAID LAST MENTIONED BOUNDARY # THE POINT OF
F-94
McGee Surveying Consulting Page 3 of 6 August 19, 2013
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO. 21353,
AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT CERTAIN
COURSE IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN
BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING
AND LENGTH OF NORTH 200 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY
LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS:
SOUTH 200 32'00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05'05" EAST 359.86
FEET AND NORTH 220 41'07" WEST TO SAID SOUTHEASTERLY LINE OF TRACT NO. 21353;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 6: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO JOTHAM
BIXBY BY DECREE OF PARTITION IN THE ACTION "BIXBY, ET ALI VS. BENT, ET AL,"
CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE
OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4
PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY; AND THAT
PORTION OF TRACT NO. 21353, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN
BOOK 598 PAGES 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF
SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED ON AUGUST 25, 1955 AS DOCUMENT NO. 2058, IN BOOK 48759 PAGE 246 OF
OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF THE
LAND DESCRIBED IN SAID DEED, SOUTH 5° 55'42" WEST 392.44 FEET TO THE ANGLE
POINT IN THE WESTERLY LINE OF LOT 25 OF SAID TRACT NO. 21351; THENCE ALONG THE
BOUNDARY OF SAID TRACT NO. 21351, NORTH 38° 45'35" EAST 459.00 FEET TO A POINT IN
THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK
48759 PAGE 246 OF SAID OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG
SAID NORTHERLY TO THE POINT OF BEGINNING.
F-95
McGee Surveying Consulting Page 4 of 6 August 19. 2013
i• ► •ir # i � • � 11 � lE
. : # # • i i i • • i i
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY
LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HAVING A BEARING AND
LENGTH OF NORTH 620 59'45" WEST 1,169.50 FEET ON THE MAP OF TRACT NO. 19683,
RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CERTAIN
SOUTHWESTERLY LINE, SOUTH 620 5945" EAST 481.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 27° 00' 15" WEST 401.36 FEET TO A POINT ON THE EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 21337 PAGE 33 OF
OFFICIAL RECORDS OF SAID COUNTY, THAT IS DISTANT THEREON SOUTH 130 59'22"
WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG
SAID EASTERLY LINE SOUTH 130 59'22" WEST 10.08 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO ASH LAND CO., ET AL, RECORDED
IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED
DEED SOUTH 710 58'05" EAST 339.02 FEET TO THE NORTHWESTERLY LINE OF LOT 7 OF
TRACT NO. 21354, AS PER MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF
MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID TRACT
NO. 21354, NORTH 760 31' 05" EAST 14.04 FEET AND SOUTH 66° 29'42" EAST 76.96 FEET TO
THE NORTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO ASH
LAND CO., ET AL; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN SAID
LAST MENTIONED DEED SOUTH 710 58'05" EAST 119.78 FEET AND SOUTH 160 47'4911 EAST
15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29'42" EAST 37.93 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE THEREIN CONCAVE WESTERLY AND HAVING A
RADIUS OF 120 FEET, RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH
530 18'52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE BOUNDARY OF SAID
LOT 9, AN ARC DISTANCE OF 137.21 FEET TO THE BOUNDARY OF THE LAND DESCRIBED
IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID LAST MENTIONED
BOUNDARY SOUTH 160 47'49" EAST 121.11 FEET AND SOUTH 530 07'56" EAST 81.20 FEET
TO THE NORTHERLY LINE OF LOT 69 OF TRACT NO. 21353, AS PER MAP RECORDED IN
BOOK 648 PAGES 48 TO 50 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE
ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LAST MENTIONED LOT, NORTH
730 56' 19" EAST 54.24 FEET AND SOUTH 30 42' 12" EAST 88.16 FEET TO THE BOUNDARY OF
THE LAND DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID
LAST MENTIONED BOUNDARY SOUTH I50 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51"
WEST 161.47 FEET AND SOUTH I50 29'0 1 " WEST 353.28 FEET TO THE NORTHEASTERLY
LINE OF LOT 62 OF SAID TRACT 21353; THENCE ALONG THE BOUNDARY OF SAID LAST
MENTIONED LOT, SOUTH 67° 36' 15" EAST 32.42 FEET; THENCE SOUTH 16° 41' 31" EAST
113.12 FEET AND SOUTH 330 51' 14" WEST 117.69 FEET TO THE BOUNDARY OF THE LAND
DESCRIBED IN SAID DEED TO ASH LAND CO., ET AL; THENCE ALONG SAID MENTIONED
BOUNDARY, SOUTH 22° 41' 15" EAST 285.96 FEET; THENCE LEAVING SAID LAST
MENTIONED BOUNDARY, NORTH 890 3423" EAST ALONG A LINE THAT WOULD PASS
THROUGH THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY, A
F-96
McGee Surveying Consulting Page 5 of August 19, 2013
DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS
PER MAP RECORDED IN BOOK. 598 PAGES 32 TO 38 INCLUSIVE OF MAPS,RECORDS OF
SAID COUNTY; THENCE ALONG THE WESTERLY LINES OF LOTS 15,16 AND 17 OF SAID
TRACT NO. 21351, NORTH 90 48'07" EAST 79.54 FEET AND NORTH 160 08' IS" EAST 75.95
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 17; THENCE ALONG THE
WESTERLY LINE OF LOT 18 AND ITS NORTHERLY PROLONGATION OF LAST MENTIONED
TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAID COUNTY; NORTH 5°
55'42" EAST 845.47 FEET TO AN ANGLE POINT IN SAID LAST MENTIONED BOUNDARY;
THENCE ALONG SAID LAST MENTIONED BOUNDARY, SOUTH 820 31' 00" EAST 248.95 FEET
TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 21351; THENCE ALONG
THE BOUNDARY LINES OF LOTS 30 AND 31 OF SAID TRACT NO. 21351, NORTH 380 45'35"
EAST 12.96 FEET AND SOUTH 820 27'27" EAST 287.38 FEET TO THE SOUTHWEST CORNER
OF LOT 47 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT
47, NORTH 170 03'54" EAST 67.34 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF TRACT
NO. 24530, AS PER MAP RECORDED IN BOOK 666 PAGES I AND 2 OF MAPS, RECORDS OF
SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED
TRACT, NORTH 37° 50' 19" WEST 179.78 FEET AND NORTH 29° 47'28" EAST 110 FEET TO
THE SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, AS SHOWN ON
SAID MAP OF TRACT NO. 19683; THENCE NORTHWESTERLY ALONG SAID
MONTEMALAGA DRIVE, TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM ALL OF THE ABOVE THAT PORTION LYING NORTHWEST OF THE
FOLLOWING DESCRIBED LINE.
Commencing at a found spike and washer stamped "LS541 I" shown on LA County field book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Records.
Thence North 66°39'06" East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled "Future Street" on said Tract No. 21353.
Thence North 51 °49'00" East 136.59 feet to a point on the northeast line of said "Future Street"
that bears South 47101'26" East 3.53 feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" bears South
44°40' East 10.06 feet, and the Point of Beginning of the Boundary Line to be herein described.
Thence North 47° 15'12" East 67.17 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 42°41'37" East 152.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
F-97
McGee Surveying Consulting Page 6 of 6 August 19. 2013
Thence North 25'04'26'* East 72.44 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped -McGee Surveying PLS3945".
Thence North 44°20'51" East 49.97 feet
Thence North 27'37'32" East 66.71 feet
Thence North 26'29'22" West 45.30 feet
Thence North 18'40'18" West 64.33 feet
Thence North 47'25'39" East 6.60 feet to a set I" x 36" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence South 66°35' 18" East 69.03 feet
Thence South 37°28'31" East 32.55 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 06'22'39" East 51.07 feet
Thence North 15°31' 1 5" East 30.12 feet
Thence North 04'02'30" East 68.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 68°51' 1 0" East 50.18 feet
Thence North 85'34'42" East 44.49 feet to the point that the bears South 30'56'36" West 11.98
feet from a found lead and nail in the top of curb on the south side of Montemalaga Drive shown
in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26'17'34" East
58.78 feet from a found spike and washer marking the intersection of the center of Grayslake
Road and the centerline semi -tangent of Montemalaga Drive as shown on Tract No. 19683
recorded in Book 658 Maps Page 9-12 and in LA County field book RDFB-0317 Page 281-282.
Thence North 30'56*36" East 4.46 feet to the south line of Montemalaga Drive, being a point on
a curve with a radius 1120 feet and 40 feet south of the centerline of Montemalaga Drive as
shown on Tract No. 19683 recorded in Book 658 of Maps Page 9-12.
SURVEYOR'S STATEMENT:
This description was prepared August 19, 2013 at the request of the
City of Rancho Palos Verdes and is compiled from record information
and Title Report No. NCS-480162-SAC4 issued by First American
Title dated April 11, 2011
Michael R. McGee, PLS3945
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EXHIBIT MAP
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Parcel Line Adjustment
For
City of Rancho Palos Verdes
APN 7578-002-009, 7578-003-001
Los Angeles County California
Prepared 08/11/2012 by
Michael McGee, PLS3945
McGee Surveying Consulting
F-99
EXHIBIT «Bre
(Attached.)
86876-0001` I612856v2.doc 0 F-1 00
Legal Description To Be Added
86876-0001 \i 612856v2.doc
F-101
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EXHIBIT MAP
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Parcel Line Adjustment
For
City of Rancho Palos Verdes
APN 7578-002-009, 7578-003-001
Los Angeles County California
Prepared 08/11/2012 by
Michael McGee, PLS3945
McGee Surveying Consulting
F-102
EXHIBIT "C"
DEPICTION OF THE JOINT ACCESS RIGHT OF WAY
86876-0061116 12856u2.doc
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DESCRIPTION OF THE PORTION OF THE
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(Attached.)
86876-0001 A 612856v2.doc F-1 05
McGee Surveying Consulting Page I of I August 11. 2012
EXHIBIT D
Description 43
Access Easement over a Private Property Parcel for the City of Rancho Palos Verdes
A triangular Easement for ingress, egress and utilities in the County of Los Angeles, State of
California and more particularly described as follows
Commencing at a found spike and washer stamped "LS541 I" shown on LA County field book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Records.
Thence North 66'39'06-' East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled "Future Street" on said Tract No. 21353.
).
Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street"
that bears South 47°01'26" East 3.53 feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 1.5- brass washer stamped "McGee Surveying PLS3945" bears South
440401 East 10.06 feet, and the Point of Beginning.
Thence North 4715'12" East 67.17 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence South 55'42'14" West 68.67 feet to a point on the northeast line of said "Future Street"
that bears North 47001'26*' West 10.12 feet from the Point of Beginni
Thence South 47'01'26" East 10.12 feet to the Point of Beginni
SURVEYOR'S STATEMENT: This description was prepared by me on
August 1, 2012 and is based on a field survey. Bearings are based on
Book 648 of Maps Page 48-50 Los Angeles County Records.
Michael R. McGee, PLS3945
F-106
EXHIBIT "E"
(Attached.)
R6876-0001 \1 612856v2.doe
F-107
McGee Surveying Consulting Page I of I August2l, 2012
EXHIBIT E
Description #2
Access Easement over the City, of Rancho Palos Verdes to a Private Property Parcel
A 15 foot wide Easement for ingress, egress and utilities lying 10 feet left and 5 feet right of the
4�
following described line in the County of Los Angeles, State of California.
Commencing at a found spike and washer stamped "LS541 I " shown on LA County f teld book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Records.
Thence North 66'39'06" East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled "Future Street" on said Tract No. 21353 and the Point of
Beginning of the Easement to be herein described.
Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street"
that bears South 47°01'26" East 3.53 feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" bears South
44'40' East 10.06 feet, and the terminus of the described line.
The northwest and southeast sides of said 15 Foot Easement are be lengthened or shortened as
z:1
necessary to terminate on the northeast line of Grayslake Road cul-de-sac and the northeast line
of said "Future Street- shown on said Tract No. 21353 recorded in Book 648 of Maps Page 48-
50 and on Tract No. 21354 recorded in Book 647 of Maps Page 45-47.
SURVEYOR'S STATEMENT: This description was prepared by me on
August 1, 2012 and is based on a field survey. Bearings are based on
Book 648 of Maps Page 48-50 Los Angeles County Records.
Michael R. McGee, PLS3945
F-108
McGee Surveying Consulting Page I of I August 11, 2012
EXHIBIT E
Description 44
Access Easement Reserved over the City of Rancho Palos Verdes
for the Benefit of a Private Property Parcel
A triangular Easement for ingress, caress and utilities in the County of Los Angeles, State of
California and more particularly described as follows
Commencing at a found spike and washer stamped *'LS541 Y' shown on LA County field book
PWFB-0317 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake
Road shown on Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County
Z:�
Records.
Thence North 66'39'06" East 45.00 feet to the northeast line of Grayslake Road being the
southwest line of a parcel labeled **Future Street" on said Tract No. 21353.
Thence North 51'49'00" East 136.59 feet to a point on the northeast line of said "Future Street"
that bears South 47°01'26" East 3.5' ) feet from the centerline of said Future Street as shown on
said Tract No. 21353 and on Tract No. 21354 recorded in Book 647 of Maps Page 44-47, from
which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" bears South
44'40' East 10.06 feet, and the Point of Beginnin .
Thence North 47°15'12" East 67.17 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence South 42'55'59" West 66.98 feet to a point on the northeast line of said "Future Street"
that bears South 47'01'26" East 5.06 feet from the Point of Beginning,
Thence North 47°01'26" West 5.06 feet to the Point of B.eginni
SURVEYOR'S STATEMENT: This description was prepared by me on
August 1, 2012 and is based on a field survey. Bearings are based on
Book 648 of Maps Page 48-50 Los Angeles County Records.
Michael R. McGee. PLS3945
F-109
From: SunshineRPV@aol.com
Sent: Saturday, September 14, 2013 7:55 AM
To: CC; Joel Rojas
Cc: PlanningCommission
Subject: 9/17/2013 RPV Council decision on future agriculture, trails and open space
Attachments: RPV Malaga Canyon trails-0452.pdf
MEMO from SUNSHINE
TO: RPV City Council. Copy to Planning Commission, Staff and interested parties.
RE: September 17, 2018 CC Meeting Consent Calendar Item F Approval of Two Purchase and Sale
Aareemen.ts to Purchase Private Praberties in Malaga Canvon for the Purpose of Onen Space Conservation
(Rojas)
http://www.palosverdes.com/rpv/citycouncil/agendas/2013 Agendas/MeetingDate-2013-09-17/
Now you see it. A 38 page Staff Report on the Council's Consent Calendar which means there has been no
PUBLIC NOTICE in the PV News and no public notice to adjacent property owners. It is rather like your
approval for the grant application to improve the Sunnyside Segment of the Palos Verdes Loop Trail. The Staff
Report does not address all of the actual issues. The Resolutions do not prohibit Staff from manipulating the
unforeseen consequences.
As I recall, it was me, not Staff, who brought up the fact that Staff was already pursuing the purchase of these
properties when preserving the Hatano Farm needed a "land swap" with National Parks. At that time, the
proposed land purchases were for storm drain maintenance access. 38 pages and no mention of that.
Upper Malaga Canyon (PVE to Hawthorne Blvd.) has an existing trail which is "conceptually" Spoke #7 of the
Peninsula Wheel Trails Network. There is more to the Malaga Canyon trails network than just Trails Network
Plan SECTION TWO H1 and H2. 38 pages and no mention of that.
The northern portion of this property is in an RPV Equestrian Zone. Trail connections are important to back
yard horsekeeping. 38 pages and no mention of that.
The State of California gets to dispense Federal money. What strings are attached? 38 pages and no mention of
that.
The existing RPV General Plan (page 95, last paragraph) states that... The Plan does not propose large
public purchase of passive recreational areas. 38 pages and no mention of that.
I support the purchase of this land as long as "the deal" with the seller retains physically feasible public
trail access to the open space. The Staff Report suggests all sorts of possibilities which would preclude
that.
Please move and support a Staff Action which is severely limited to acquiring "in fee" title of this land. Like
the City Hall land, there should be no deed restrictions which the National Parks Service and RPV property
owners have not been given the opportunity to comment in support of or object to.
Attached is a more informative page F5.
s„
r •:x
� A
Subject: FW: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
From: Kit Fox
Sent: Monday, September 16, 2013 11:39 AM
To: L. Bilski
Cc: Joel Rojas; Carolynn Petru
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Dear Lenee:
Please see my replies below in bold. I have copied Joel on this reply so that he can add any further information and
clarification regarding Item 'F' on tomorrow night's agenda.
Sincerely,
Kit Pox, AICP
Senior Administrative Analyst
City Managers Office
Cit,) of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F. (310) 5445291
From: L. Bilski [mailto:ldb910()juno.com1
Sent: Monday, September 16, 2013 10:59 AM
To: Kit Fox
Cc: Idb9100juno.com
Subject: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Hi Kit,
I have some urgent questions regarding land acquisition in Consent item F on Tuesday's CC Agenda. Would
appreciate your immediate attention and reply.
What is the latest info on the conversion of land to allow continued agricultural farming including farming
education/demonstration at upper Pt. Vicente as noted in the March 19, 2013 CC staff report ?
We have been waiting to see if the City would be successful in its attempt to acquire replacement property to allow
the conversion of the portion of Upper Point Vicente (UPV) containing the existing farm to non -recreational use under
the terms of the Program of Utilization (POU). Now that it appears likely that the City will be acquiring the Malaga
Canyon property, I will be working with the National Park Service again to move the conversion process forward. In
the meantime, the farm continues to operate on a year-to-year basis until at least March 31, 2014. It should be noted
that the City is not currently proposing to expand the "footprint" of the existing farming operations at UPV through
the conversion process (for the reasons that were articulated in the March 19th Staff report). The farming
education/demonstration facility that has been suggested by Sunshine would conflict with the POU and the City's
NCCP and PUMP, and could be incompatible with adjacent land uses such as homes.
What information have you received from the National Park Service regarding conversion since the date of the
staff report?
I have received no additional information from NPS since March 2013.
Was there a report by staff to City Council since March 19 on this item?
No, not that I have prepared or am aware of.
Follow-up Agenda for Mar. 19,'13 states:
"Agricultural Use at Upper Point Vicente (Fox)
Action Taken:
1) Received and filed the status update on the renewal of the agricultural lease at Upper Point Vicente; and, 2) Directed
Staff to continue the analysis of the process regarding the conversion of the property, and return with a report at
a future Council meeting."
Thank you.
Lende
Click to get NetZero DataShield and stay .protected from hackers when using public WiFi.
0
From: Kit Fox
Sent: Monday, September 16, 2013 2:17 PM
To: L. Bilski
Cc: Joel Rojas; Carolynn Petru; Carolyn Lehr; Susan Brooks <Subrooks08@gmail.com>; Carla
Morreale; Teresa Takaoka
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Dear Lenee:
I don't have a record of a written response to the March 11th inquiry.
Kit Foa, AICP
Citic of Rancho Palos Verdes
(310) 5445226
kitfOWy.com
From: L. Bilski [mailto:ldb910(&juno.com]
Sent: Monday, September 16, 2013 2:12 PM
To: Kit Fox
Cc: Joel Rojas; Carolynn Petru; Carolyn Lehr; Susan Brooks <Subrooks08@gmail.com>; Carla Morreale; Teresa Takaoka
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente I and
9/16/2013
Thanks, Kit. One more email needed -
Please forward to me, the Council and Joel Rojas Mr. Siegenthaler's written response to your March 11,
2013 inquiry.
Len6e
---------- Original Message ----------
From: Kit Fox <KitF a xpv.com>
To: "L. Bilski" <1db9lO@iuno.com>
Cc: Joel Rojas <Joe1R(ai) v.com>, Carolynn Petru <Carolynn(a,rpv.com>, Carolyn Lehr v.com>,
"Susan Brooks <Subrooks08@gmail.com>" <Subrooks08@gmail.com>, Carla Morreale <CarlaM@Ipv.com>,
Teresa Takaoka <TeriT@n2v.com>
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Mon, 16 Sep 2013 20:50:08 +0000
Dear Lenee:
On November 16, 2012, 1 e-mailed Mr. Siegenthaler with NPS about the farm lease issue. He replied via e-mail
(attached), and I included an excerpt from his e-mail response in the December 4, 2012, City Council Staff report (which
was attached to the March 19th City Council Staff report). I had also had a telephone conversation with Mr. Siegenthaler
regarding this issue at about the same time (late November 2012/early December 2012).
On March 11, 2013, 1 again e-mailed Mr. Siegenthaler about this issue (attached), posing specific questions that were
cited in the March 19, 2013, City Council Staff report. At the time that the Staff report was completed and distributed, I
had not heard back from Mr. Siegenthaler (as was stated in the Staff report). However, in answer to questions from the
City Council and as reflected in the Minutes of the March 19th meeting (attached, p. 8), 1 verbally informed the City
Council that I had spoken with Mr. Siegenthaler and that he had confirmed that there was no way to modify the existing
agricultural use to make it consistent with the POU (i.e., without going through the conversion process).
Copies of this reply and the one that I sent to you earlier today will be included at "Late Correspondence" for Item `F' at
tomorrow night's meeting.
Sincerely,
Kit Fox, AICP
Citvj of Rancho Palos Verdes
(310) 544--5226
kitf9Wv.com
From: L. Bilski [mailto:Idb910(d)juno.com]
Sent: Monday, September 16, 2013 12:27 PM
To: Kit Fox
Cc: Joel Rojas; Carolynn Petru
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Thanks, Kit.
There was no information at all from National Park Service (NPS) regarding staffs questions on this.
You wrote "I have received no additional information from NPS since March 2013" - What information did you
receive? None was provided in the 3/19 staff report.
20
Please provide the answers from NPS to staffs questions on this item. Thanks.
Lenge
Please note: message attached
From: Kit Fox <KitF(a)rv.com>
To: "L. Bilski" <Idb910na juno.com>
Cc: Joel Rojas <JoelR(a,rpv.com>, Carolynn Petru <Carol nn v.com>
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Mon, 16 Sep 2013 18:39:07 +0000
Click to get NetZero DataShield and stay protected from hackers when using public WiFi.
0
From:
Kit Fox
Sent:
Monday, September 16, 2013 1:50 PM
To:
L. Bilski
Cc:
Joel Rojas; Carolynn Petru; Carolyn Lehr, Susan Brooks <Subrooks08@gmail.com>; Carla
Morreale; Teresa Takaoka
Subject:
RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Attachments:
610131ED.pdf, 20130311 -E -mail -Agricultural Use at Upper Point Vicente, Rancho Palos
Verdes.pdf, 20130319_CC_MINS.pdf
Dear Lenee:
On November 16, 2012, 1 e-mailed Mr. Siegenthaler with NPS about the farm lease issue. He replied via e-mail
(attached), and I included an excerpt from his e-mail response in the December 4, 2012, City Council Staff report (which
was attached to the March 19th City Council Staff report). I had also had a telephone conversation with Mr. Siegenthaler
regarding this issue at about the same time (late November 2012/early December 2012).
On March 11, 2013, 1 again e-mailed Mr. Siegenthaler about this issue (attached), posing specific questions that were
cited in the March 19, 2013, City Council Staff report. At the time that the Staff report was completed and distributed, I
had not heard back from Mr. Siegenthaler (as was stated in the Staff report). However, in answer to questions from the
City Council and as reflected in the Minutes of the March 191h meeting (attached, p. 8), 1 verbally informed the City
Council that I had spoken with Mr. Siegenthaler and that he had confirmed that there was no way to modify the existing
agricultural use to make it consistent with the POU (i.e., without going through the conversion process).
Copies of this reply and the one that I sent to you earlier today will be included at "Late Correspondence" for Item 'F' at
tomorrow night's meeting.
Sincerely,
Kit Fox, AICD
Citi) of Ranclao Palos Verdes
(310) 544-5226
kitf@xj?v.com
From: L. Bilski [mailto:Idb910(5)juno.com1
Sent: Monday, September 16, 2013 12:27 PM
To: Kit Fox
Cc: Joel Rojas; Carolynn Petru
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Thanks, Kit.
There was no information at all from National Park Service (NPS) regarding staff s questions on this.
You wrote "I have received no additional information from NPS since March 2013" - What information did you
receive? None was provided in the 3/19 staff report.
Please provide the answers from NPS to staffs questions on this item. Thanks.
Len6e
Please note: message attached
From: Kit Fox <KitFgrpv.com>
To: "L. Bilski" <1db9lOgjuno.com>
Cc: Joel Rojas <Joe1R@rpv.com>, Carolynn Petru <Carolynn(a�Lrpv.com.
Subject: RE: 9/17 Consent Calendar item F and agricultural use of Pt. Vicente land
Date: Mon, 16 Sep 2013 18:39:07 +0000
Click to get NetZero DataShield and stay protected from hackers when using public WiFi.
From: David Sieaenthaler(a nos.aoy
To: Kit Fox
Cc: Ara Mihranian; Carolynn Petru; Carolyn Lehr; Carol Lynch <clvnch(alrwglaw.com>
Subject: Re: Extension of Agricultural Lease at Upper Point Vicente in Rancho Palos Verdes (LADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA No. 9 -D -Calif -1088)
Date: Monday, November 19, 2012 6:15:10 PM
Attachments: 2006 Lease Agreement for UPV.odf
Hatano Farm at Upper Point Vicente.odf
Hi Mr. Fox,
Thank you for contacting me. We do need to talk. Agriculture is not a
public park and recreation use and is not allowed on lands conveyed through
the Federal Lands to Parks Program. I believe that early in the history of
the land transfer the city inquired about granting a lease for agricultural
use on the park land and was told that it was not consistent with the
purposes of the land transfer. In addition, leases are not allowed in
general.
Are you sure this is on the portion of the land that comes under the
Federal Lands to Parks program and is not on the portion purchased by the
City?
Please excuse my haste in this response, I have not had a chance to pull
out the file yet. I'll be in the office tomorrow.
Thanks,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program
National Historic Lighthouse Preservation Program
Bringing the NPS Mission Home!
Kit Fox
<KitF@ rpv. com>
To
11/16/2012 10:23 David Siegenthaler
AM <David_Siegenthaler@nps.gov>
cc
Carolyn Lehr <clehr@rpv.com>,
Carolynn Petru <Carolyn n @rpv.com >,
"Carol Lynch <clynch@rwglaw.com>"
<clynch@rwglaw.com>, Joel Rojas
<JoeIR@rpv.com>, Ara Mihranian
0
<AraM@rpv.com>
Subject
Extension of Agricultural Lease at
Upper Point Vicente in Rancho Palos
Verdes (LADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA
No. 9 -D -Calif -1088)
Dear Mr. Siegenthaler:
This e-mail is a follow-up to the voicemail message that I left for you
earlier today. I understand that you will be back in the office on
November 19th.
As I mentioned in my message, the City is considering a request from James
Hatano to extend and transfer his agricultural lease of a 5.5 -acre portion
of the City's Upper Point Vicente property. A copy of the most -recent
lease agreement and an aerial photograph of the farm site are enclosed.
Mr. Hatano, the descendant of the last Japanese American truck farmers on
the Palos Verdes Peninsula, has farmed this property since before the City
of Rancho Palos Verdes incorporated in 1973. At age 85, he wants to retire
and pass the operation of the farm on to his longtime foreman, Martin
Martinez.
I have reviewed the Program of Utilization (POU) for the Upper Point
Vicente property and found no mention of agricultural activity whatsoever.
However, we know that Mr. Hatano was farming the property at the time that
title was transferred to the City in 1976. Before the City considers
extending this lease further and/or assigning it to Mr. Hatano's foreman,
we want to be sure that such action is consistent with the POU. Please let
me know how the City can request that the National Park Service make such a
determination.
If you have any questions or need additional information, please feel free
to contact me at the phone number or e-mail listed below.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F: (310) 544-5291
E: kitf@rpv.com
(See attached file: 2006 Lease Agreement for UPV.pdf)(See attached file:
Hatano Farm at Upper Point Vicente.pdf)
From: Kit Fox
To: David Siegenthaler(a)nos.aov
Subject: Agricultural Use at Upper Pdint Vicente, Rancho Palos Verdes
Date: Monday, March 11, 2013 4:20:00 PM
Dear Mr. Siegenthaler:
As a follow-up to my voicemail, I wanted to send you a brief e-mail as well. As you may recall,
roughly 5 acres of our City Hall property has been used for agricultural purposes since before the
City acquired the site in the mid-1970s. The current lessee wishes to reassign and extend his lease,
and this is supported by our City Council. My questions for you are:
1. Do you see a means by which such a use could be modified so as to be consistent with the
POU, thereby avoiding the conversion process? For example, do you think that the provision
of additional public access, education programs, site amenities, modifications to the
size/area/activities, etc. could be found sufficient by the Park Service to allow the City to
reassign and extend the lease?
2. In the event that the answer toithe first question is "no," what is the process for initiating
the conversion? The City has identified 2 large plots of vacant land (8 acres and 48 acres) for
possible acquisition to replace the 5 acres at Upper Point Vicente to be converted.
As I mentioned in my voicemail, I will be updating the City Council on this matter next week, and
would appreciate a response as soon as possible. Thank you very much for your assistance.
Sincerely,
Kit Fox, AICP
Senior Administrative Analigst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
1(310) 544-5226
F: (310) 5445291
E kitf@ruycom
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 19, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park,
29301 Hawthorne Boulevard.
RECESS TO CLOSED SESSION:
At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members present.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 6:50 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City Council
Study session.
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/Interim
Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis McLean, Director of
Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones,
Interim Director of Public Works; Deputy Community Development Director Ara M ihranian; Kit
Fox, Senior Administrative Analyst; and, Carla M orreale, City Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas in Light of City Council Goals, Including Questions of Staff
Discussion ensued among Council Members, staff, and City Attorney Lynch regarding items on
the upcoming Council Meeting agendas as listed on the Tentative Agendas.
Items were moved from the April 2, 2013 Council m eetings to the May 21, 2013 Council
meeting. Possible dates were discussed for the Ribbon -Cutting Ceremony for the San Ramon
Canyon Stabilization Project and the Budget Workshop.
Future Agenda Items Proposed by Council Members to be Prioritized:
None.
Mayor Brooks moved, seconded by Councilman Misetich, to receive and file the Tentative
Agendas as amended.
City Council Minutes
March 19, 2013
Page 1 of 11
0
Without objection, Mayor Brooks so ordered.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 7:01 P.M. to 7:11 P.M.
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/Interim
Director of Recreation and Parks; Carol Lynch, City Attorney; Joel Rojas, Community
Development Director; Dennis McLean, Director of Finance/Information Technology (IT); Les
Jones, Interim Director of Public Works; Deputy Community Development Director Ara
Mihranian; Kathryn Downs, Deputy Director of Finance/IT; Kit Fox, Senior Administrative
Analyst; Katie Howe, Administrative Analyst II; Emilio Blanco, Maintenance Supervisor; and,
Carla Morreale, City Clerk.
Also present were the following: Andrea Vona, Executive Director, Palos Verdes Peninsula
Land Conservancy (PVPLC) and Danielle Lefer, Conservation Director, PVPLC.
FLAG SALUTE:
The Flag Salute was led by Boy Scout John H ilden, Troop No. 257.
MAYOR'S ANNOUNCEMENTS:
John Hilden, Boy Scout Troop No. 257, Rancho P alos Verdes, stated that he was working
towards earning his Citizenship Merit Badge, noting that one requirement was to attend and
observe a Town Meeting.
RECYCLE DRAWING:
Mayor Brooks announced Recyclers of the Month from the March 5, 2013 City Council meeting:
Cheng -Long Kuo and D arlene Paris. She indicated that all winners receive a check for $250
representing a year of free refuse service and urged everyone to participate in the City's
Recycling Program.
APPROVAL OF THE AGENDA:
Councilman Misetich moved, seconded by Councilman Knight, to approve the agend a, as
amended.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
City Council Minutes
March 19, 2013
Page 2 of 11
( D7
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Ronald Williams, Rancho Palos Verdes, stated that he has concerns regarding the noise and
venting of the exhaust from a neighbor's furnace and hot water heater.
Minas Yerelian, Rancho Palos Verdes, stated that he would like the City Council to plant trees in
the medians along Hawthorne Blvd., which will help improve the view, environment, and climate
change. He added that street lights could be tur ned off after midnight to save energy and fund
this project.
Sunshine, Rancho Palos Verdes, provided comments.
CITY MANAGER REPORT:
Deputy City Manager Petru announced that on March 7, 2012, the City received a donation of a
Ham Radio Repeater Donation from Harris Assured Communications for the City's Emergency
Communications Center and congratulated Peninsula Volunteer Alert Network (PVAN)
members for their efforts in identifying the donation opportun ity.
Brief comments were made by PVAN Members Diana Feinberg (also a member of the City's
Emergency Preparedness Committee), Alan Soderberg and Dale Hanks and acknowledgments
made for the efforts of Gary Lopes and Denzel Dyer.
Captain Blaine Bolin, Lomita Station, Los Angeles County Sheriffs Department, provided a brief
status report regarding a recent home invasion robbery in the City. He noted that Sheriffs
personnel have been talking with neighbors in the area an d there has been an increase in
patrols of the neighborhood since the incident.
City Manager Lehr provided a brief update regarding the City's 40th Anniversary, including the
Gala at Terranea on May 5, 2013; events for the 4th of July celebration; and, VIP event to be
held on September 7, 2013 at Trum p National Golf Club.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Misetich moved, seconded by Councilman Knight, to approve the Consent
Calendar, as presented.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
Motion to Waive Full Reading
0
City Council Minutes
March 19, 2013
Page 3 of 11
Adopted a motion to waive reading in full of all ordinances presented at this meeting with
consent of the waiver of reading deemed to be given by all Council Members after the reading
of the title.
Approval of Minutes
Approved the Minutes of the February 19, 2013 Regular Meeting; March 5, 2013 Adjourned
Regular Meeting (Interviews); and March 5, 2013 Regular Meeting.
Approve the Purchase of Two Vehicles with Air Quality Management District (AQMD)
Funds for the Community Development Department (Supports 2013 City Council Goal
No. 5: Government Efficiency, Fiscal Control and Transparency)
Authorized the City Manager to execute a purchase contract with Wondries Chevrolet of
Alhambra in the amount of $54,892.40 for the purchase of two Chevrolet Equinox, All Wheel
Drive (AWD) vehicles and associated accessories, such as light bars and front door City logos.
2012 Annual Report on the Implementation of the Rancho Palos Verdes General Plan
(Supports 2013 City Council Goals and Priorities as identified under Additional
Information)
Directed Staff to forward the City's Annual Progress Report on the implementation of the
Rancho Palos Verdes General Plan in calendar year 2012 to the State Governor's Office of
Planning and Research and to the Department of Housing and Community Development.
2012 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element
Directed Staff to forward the City's Annual Progress Report on the implementation of the
Rancho Palos Verdes Housing Element for the 2012 calendar year to the Department of
Housing and Community Development (HCD) and the State Office of Planning and Research
(OPR).
Household Hazardous and Electronic Waste Collection Program Site Liability Agreement
with County of Los Angeles
Authorized the Mayor and City Clerk to execute the Household Hazardous and Electronic Waste
Collection Program Site Liability Agreement with the County of Los Angeles and County
Sanitation District No. 2 of Los Angeles County.
Register of Demands
ADOPTED RESOLUTION NO. 2013-13, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND
SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
City Council Minutes
March 19, 2013
Page 4 of 11
01
REGULAR BUSINESS:
Palos Verdes Nature Preserve — Adoption of the Public Use Master Plan (PUMP)
(Supports 2013 City Council Goal — Tr ail System Enhancement)
City Clerk Morreale reported that late correspondence was distributed prior to the meeting and
there were 4 requests to speak regarding this item.
Deputy Community Development Director Mihranian provided a brief summary of the two
agenda items related to the Palos Verdes Nature Preserve. H e then gave a staff report and
PowerPoint presentation regarding the adoption of the PUMP document. He noted that staff
would like to incorporate additional comments received from the public and return with an
updated PUMP document on the April 2, 2013 Council meeting.
John Wessel, Rancho Palos Verdes, stated that he was generally pleased with the PUMP
document, and noted the purpose of the Preserve is to enjoy nature, restore the area, and allow
the public to enjoy the Preserve. He commended staff for their work over the years.
Troy Braswell, Rancho Palos Verdes, stated that he was on the PUMP Committee and is
generally in favor of the PUMP document, although he would like to see a few minor changes.
He thanked the Palos Verdes Peninsula Land Conservancy for their commitment of repair to
trail work in the Preserve, acknowledged the importance of volunteers; and made a few minor
suggestions regarding the PUMP document.
Eva Cicoria, Rancho Palos Verdes, stated that she was on the PUMP Committee and submitted
her comments to staff. She noted that her desire is to curtail activity in the Preserve that would
Limit access for everyone.
Sunshine, Rancho Palos Verdes, stated that the PUMP is not a state mandated element of the
Natural Communities Conservation Plan (NCCP). She opined that it overrides the City's Parks
Master Plan and Trails Network Plan.
Community Development Director Rojas stated that the NCCP does require the creation of a
Public Use Master Pian and added that when the PUMP is completed Deputy Community
Development Director Mihranian will begin working on the update to the City's Trails Network
Plan.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Misetich moved, seconded by Councilman Knight, to continue its review of the
Public Use Master Plan (PU MP) document for the Palos Verdes Nature Preserve to the April 2,
2013 Council Meeting to allow Staff to update the document with comments received from the
public.
Without objection, Mayor Brooks so ordered.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:09 P.M. to 8:22 P.M.
City Council Minutes
March 19, 2013
Page 5 of 11
Palos Verdes Nature Preserve— Minimizing Trail User Conflicts (Supports 2013 City
Council Goal — Trail System Enhancement)
City Clerk Morreale reported that late correspondence was distributed prior to the meeting and
there were 7 requests to speak regarding this item.
Administrative Analyst 11 Howe provided a staff report and PowerPoint presentation regarding
this item. She noted that staff would like to return with a revised Volunteer Trail Patrol Program
for the Preserve at a future Council meeting.
Discussion ensued among Council Members, staff, City Attorney Lynch, and PVPLC
representatives.
Deputy City Manager Petru, in response to a Council question, clarified that vandalism is a
misdemeanor, and the maximum penalty for a misdemeanor is a $1,000 fine or 6 months in
prison. She clarified that this language is on the draft Preserve Rules Signage.
Danielle Lefer, Conservation Director, PVPLC, in response to a Counci I question, stated that
there is damage or defacing of signs in the Preserve on a weekly basis.
Barbara Ailor, PVPLC, Palos Verdes Estates, stated that she encouraged the Council to
approve the Volunteer Trail Patrol Program (VTPP) since habitat protection is wholly dependent
upon enforcement to be effective. She reminded everyone of the following: 1) The Preserve is
not a park, but a nature preserve; 2) conservation is the prime direction under the NCCP; 3) the
Preserve should be enjoyed by all; 4) volunteer trail patrols work well in other preserves, and
should work well in our area; and, 5) many have expressed interested in volunteering to make
the VTPP a success.
Minas Yerelian, Rancho Palos Verdes, stated that the Preserve should be protected; noted
concern with the use of bells and whistles which could frighten horses; and, opined that there
should not be bikes allowed on the Preserve trails.
Troy Braswell, Rancho Palos Verdes, stated that he is concerned with trail oversight and public
input. He was in favor of the sign program, updating of trail markers, and noted that there is
mixed opinion regarding the bell program. He provided suggestions and opined th at a Trails
Advisory Board could assist the City regarding issues that arise, so that the voice of the trail
users is represented.
Eva Cicoria, Rancho Palos Verdes, stated that the reason the Forrestal Advisory Committee
was successful was that the concerns were shared with the mountain biking community and
those bikers moved over to the Portuguese B end Reserve, which resulted in the reduction in
equestrian use in that particular area. She stated that kiosks would be something to incorporate
into the plan, and noted that the project is generally moving in the right direction.
Sharon Yarber, Rancho Palos Verdes, asked if the VTPP would be under the auspices of the
Community Development Department or the Recreation and Parks Department. She stated that
she was in support of members of the public from the hiking, biking, and equestrian community
participating on a Trails Advisory Committee with staff and the PVPLC.
City Council Minutes
March 19, 2013
Page 6 of 11
City Manager Lehr stated that the program would probably be under the Recreation and Parks
Department, which is also the department that manages the Mountains Recreation and
Conservation Authority Ranger contract.
Nancy Wildman, Palos Verdes Peninsula Horseman's Association (PVPHA), Rolling Hills
Estates, stated that the PVPHA supports the VTPP and will help to recruit volunteers for the
program.
Ken Swenson, PVPLC, Rancho Palos Verdes, stated that the PVPLC submitted a comment
letter, noting that the purpose of the Preserve was for the habitat restoration and
encouragement of endangered and threatened habitat. H e stated he was in favor of hearing the
concerns of the Preserve users; supported staff's recommendations; and noted signage,
education and enforcement were critical to the success of the Preserve.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to adopt the staff
recommendation to: 1) Receive and file an update report on the management tools used in the
Palos Verdes Nature Preserve to minimize trail user conflicts; 2) Return with a revised Volunteer
Trail Patrol Program for the Preserve; 3) Direct staff to convert un -programmed interpretive
hours in the Mountains Recreation and Conservation Authority Contract to Preserve patrol
hours; and, 4) Authorize staff to augment the PVPLC's trail signage responsibilities by including
$10,500 of City monies in FY 13-14 toward improving trail signage in the Preserve.
Councilman Misetich offered an amendment directing staff to return with a plan to include public
participation quarterly during meetings with staff and the PVPLC.
Councilman Knight, as the maker of the motion, and Mayor Pro Tem Duhovic, as the seconder
of the motion, accepted the amendment.
The motion as amended was to adopt the staff recommendation to: 1) Receive and file an
update report on the management tools used in the Palos Verdes Nature Preserve to minimize
trail user conflicts; 2) Return with a revised Volunteer Trail Patrol Program for the Preserve; 3)
Direct staff to convert un -programmed interpretive hours in the Mountains Recreation and
Conservation Authority Contract to Preserve patrol hours; a nd, 4) Authorize staff to augment the
PVPLC's trail signage responsibilities by including $10,500 of City monies in FY 13-14 toward
improving trail signage in the Preserve; and, 5) Direct staff to return with a plan to include public
participation quarterly during meetings with staff and the PVPLC.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 9:34 P.M. to 9:48 P.M.
City Council Minutes
March 19, 2013
Page 7 of 11
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FY13-14 Budget Policy Issues
Deputy Director of Finance/IT Downs provided a staff report and PowerPoint presentation
regarding this item. She noted that staff is asking for direction on the following: Budget Policy
Issues, Revision to the City Council's Reserve Policy, and Services to be added to the Budget
Menu exercise.
Discussion ensued among Council Members, staff, and City Attorney Lynch as the different
policy issues were presented.
Median Maintenance Funding
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to: 1) Proceed with Palos Verdes
Drive West median improvements; and, 2) Defer Hawthorne median improvements.
Without objection, Mayor Brooks so ordered.
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March 19, 2013
Page 8 of 11
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Councilman Misetich moved, seconded by Mayor Brooks, to use the Beautification fund balance
to backfill FY13-14 median maintenance.
Without objection, Mayor Brooks so ordered.
ADA Compliance Project Funding
Councilman Knight moved, seconded by Councilman Misetich, to use Excess General Fund
Reserves of $225,000 for FY 13-14; plan for FY14-15 and FY15-16 subsidies of $150,000 per
year if no other funding source is identified.
Without objection, Mayor Brooks so ordered.
Right -of -Way Rehabilitation as part of Residential Street Projects
Councilman Misetich moved, seconded by Councilman Knight, to use Excess General Fund
Reserves in the amount of $335,000 for FY13-14 subsidy; and plan for ongoing funding decision
in 2014.
Without objection, Mayor Brooks so ordered.
Improvement of the Quality of Live City Council Meeting Broadcasts
Council and staff discussion ensued regarding the following: 1) Use of Excess General Fund
Reserves in the amount of $185,000 to improve quality of broadcasts for replacement of lighting
and backdrop, cameras, and mixing equipment; 2) Exploration of the early termination of Cox
commitment, and begin broadcast responsibility prior to Oct 2015; and, 3) Begin analysis for
possible PEG fee.
Council decided that Improvements of the Quality of Live City Council Meeting Broadcasts could
appear as a menu option during the Budget workshop.
Without objection, Mayor Brooks so ordered.
Councilman Campbell left the meeting at 10:56 P. M., after the discussion of this item.
Abalone Cove Sewer Maintenance Subsidy
Discussion ensued among Council Members and staff regarding this Budget Policy issue.
Councilman Knight recused himself from this discussion and left the dais at 11:02 P.M.
By acclamation, the Council decided to discuss the Abalone Cove Sewer Maintenance Subsidy
budget policy issue during the Budget Workshop.
At 11:03 P.M. Councilman Knight returned to the dais.
Restoration of Public Works Deputy Director
City Council Minutes
March 19, 2013
Page 9 of 11
Discussion ensued among Council Members and staff regarding this Budget Policy issue.
By acclamation, the Counci I deferred further discussion of this item until after the Matrix Report
comes to the Council.
Reserve Policy
Discussion ensued among Council Members and staff regarding this Budget Policy issue.
Councilman Misetich moved, seconded by Mayor Brooks, to approved staff recommendation to:
1) Amend Reserve Policy to require transfer of prior year favorable General Fund expenditure
variances to the CIP Reserve; and, 2) Transfer $1.2 million to the Capital Improvement Projects
Reserve for the FY 11-12 favorable expenditure variance.
Without'objection, Mayor Brooks so ordered.
Current Service Levels
Discussion ensued among Council Members and staff regarding this Budget Policy issue.
Councilman Misetich moved, seconded Mayor Brooks, to repeat the 2012 City Council direction
regarding which service level expenditures should be placed on the Menu for the City Council's
Hybrid Zero -Based Budget exercise on April 30, 2013. In summary, the direction was to include
the following: 1) Expenditures increasing more than 5% and $25,000 f rom the prior year; 2)
Discretionary items, including current service levels of a discretionary nature; 3) Proposals to
support the City Council's goals; 4) Other changes identified by staff; and, 5) Expenditures of
$250,000 or more.
Without objection, Mayor Brooks so ordered.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Councilman Misetich requested an item be placed on a future agenda regarding an outreach
program to residents to incorporate 100% participation in the Neighborhood Watch Program.
CITY COUNCIL ORAL REPORTS:
Mayor Brooks provided a brief report regarding items discussed at the recent West Vector
Control Board meeting. Other Coun cil Members deferred their reports to the next meeting.
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March 19, 2013
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D-5
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the threat of litigation regarding Cherine
Medawar, and the existing litigation case titled Monks v. City of Rancho Palos Verdes, reports
were provided to Council and no action was taken.
RECESS TO CLOSED SESSION:
At 11:19 P.M., City Attorney Lynch reported that the Council would be recessing to Closed
Session to meet with the City's designated labor negotiators, Mr. Brown and Mr. Larson.
RECONVENE TO OPEN SESSION:
At 11:40 P.M., the Council reconvened to Open Session.
CLOSED SESSION REPORT:
Labor Attorney Brown reported that the Council gave direction to its Labo r Attorney and there
was no reportable action taken.
ADJOURNMENT:
At 11:41 P.M., the meeting was adjourned.
Attest:
/s/ Carla Morreale
City Clerk
WACity Council Minutes\2013\20130319 CC MINS.doc
/s/ Susan Brooks
Mayor
City Council Minutes
March 19, 2013
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