The URL can be used to link to this page

20131001 Late CorrespondenceCrrYOF TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK October 1, 2013 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA** Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. 2 3 4 Future Agenda Items Respectfully submitted, Description of Material Letter from the RPV Employees Association; Email from Lorna Cloke Email exchange between Councilman Knight, Staff, and Randy Ross Revised Purchase Agreement with Angeles, LLC; Staff Memorandum dated October 1, 2013; Email exchange between Staff and Lenee Bilski; Emails from: Sharon Yarber; Dena Friedson Email from Mayor Brooks ~~~ Carla Morreale **PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, September 30, 2013**. W:\AGENDA\2013 Additions Revisions to agendas\20131001 additions revisions to agenda.doc Attn: Rancho Palos Verdes City Council: Subject: Reg. Business Item #2, Scope of Services for Review of Employee Compensation · Date: October 1, 2013 Dear Mayo.r Brooks and Councilmembers: The Rancho Palos Verdes Employees Association (RPVEA) has no objection to the proposed review of employee compensation being considered tonight. Our only request is that, for reasons of personal privacy, names of employees be withheld from the independent auditor's final report, the accompanying staff report and any City website links. We believe that using job titles and/or employee ID numbers would be sufficient for the intended purposes of this report. Sincerely: ' RPVEA [ j CD From: Sent: To: Joel Rojas Tuesday, October 01, 2013 3:34 PM Carla Morreale Cc: Teresa Takaoka; Carol Lynch <clynch@rwglaw.com>; Paul Christman; David Snow (DSnow@rwglaw.com) Subject: FW: Urgency Ordinance From: Ross, Randy [mailto:randy.ross@blross.com] Sent: Tuesday, October 01, 2013 3:27 PM To: Jim Knight Cc: Susan Brooks <Subrooks08@gmail.com>; Brian Campbell <b.camp@cox.net>; Ross, Bruce L.; Joel Rojas; Glantz, William; Ngan, Dora; Dora Ngan; Paul Zhang (offsite); Tang, Randy; Smith, Jack Subject: Fwd: Urgency Ordinance Dear Councilman Knight, I just read the proposed language of the Urgency Ordinance and expressed my concerns to Mayor Brooks, Councilman Campbell and my neighbors. Mayor Brooks just responded, indicating that you were concerned about the need to save time, which gave rise to what I consider to be the problematic language. She passed along your email address along to me. While I certainly understand and appreciate the time-saving issue, the language of the proposed ordinance not only does not achieve the desired goal, it exacerbates the problem. A wholesale allowance for permits within the same timeframe as existing permits will continue to disrupt neighbors and will deny neighbors the relief which the ordinance is intended to provide. It seems from her reply that Mayor Brooks sees the issue. I am copying my email below for your consideration: I have just read the proposed change in the ordinance language and, unfortunately, there is an unintended consequence that is highly problematical. The new language allows the City to issue or extend permits for work that can be performed within the same timeframe as existing permits. Unfortunately, in this situation, it enables the Andersons to seek and obtain additional permits through 2/15 that will continue to disrupt our neighborhood. The current open permits are as follows: 1 3 r.M'~[~a,;y--:;-;;_~ •• ,,.<~ •• ·' ~1,l;l!IP.!WWWI l•t (J if WNW,palosv.e:rdes.<:orrv q:~i:,I:hy;;\>.,,;.r'r! !1,:1~.v~ntj.:~ ::./(.\) 'l ·3.,, :,.,9t>nde:)';:/\.h1't'tin9G.J.k, JO 1 ~ -T:'.! /)J /RP<!CCA.,, ( C_ SR.~7'011-_DG_ {\J,_ 05 _.\h~y~:~~:y._ OSD _ R<e-<.::.idf'rn i.!.l_ ( on~tnK~ic:1 f"df if'. Alii"! ~G<l"91e:i.<hol•r i:;~G•<;ti•M•p• llGo.S.:.r<h M~tl\0$$G""'a '"f0<<b°'*l!iom• [liK•¢!1 ~~;p~ \ii'T~v libor••nfm\lq<4' ()Pim•W<I 5-42 Project Chronolgy fot 32039 Sea Ridge Circle {Mi:lt!lrson Rellictence) D1I<> Date ~ Rok>Suodl R<>lUul'll Date> CHO No. P!1ll!!!;! Oiltlell1!!!5!11 b•Ul(KI lllc!Oll$(Qll Pomtt No, l'ln•llld ZON20124<l001 5 ~ ~M>llon l'll<lllll lbtfobtua!y 20• ~lf!)l.W12 2012 (~ilf<l!l1'11 Oa:t) l't.M::!Ol 2-00 142 ilO$Wli 91'$ lille tn:m11~et10 propOSe<I 1!1!0, llr<; M 412Ql:! Expires --' '~J!!ldfitt~-----------------··----~· ElleW!NIQ1,lll(l 1nSl>lU·e~mrOF1r~illpatlo;mia 1!1;!!)1.W12 ~::;:~ Jnstall pool radiant f>lllli: sysl!lm uMil!' emffi!'ll !!~ MIEC2012.()Q(J!Ja pool d~ t!tf-rnoolil1g kl ll!xl!;ti119 pool 10ll1'12G12 41l'71?~4 1!lle Plan i'ltM@w ior ""M!J$l ra.. vent w'ld ZO~l2'®337 -enlng 310119 oosoo1 ~ Wllil o! tll$ide-lOlllV201i You will note that most of the permits expiring after 2/2014 do not involve the exterior of the structure or any of the areas facing the street. They also should not involve numerous trucks and construction personnel. The last item on the list, however, is an open permit for another entire year, through 2/16/2015, to install a radiant heating system. The language of the ordinance would permit the Andersons to seek and obtain new permits to do additional projects on the exterior of the structure, that would be disruptive to the neighborhood. Therefore, it provides us with no relief for another year and a half. Is this really what the City intends? I am afraid it is still a problem for me. In addition, what is to stop them from taking out a permit on February 17, 2015 and starting a new 4-year phase? I am not sure you have accomplished what you set out to do. Thank you. Randy Ellen Ross Randy Ellen Ross 2 Attorney at Law CEO Bruce L. Ross & Company 609 Deep Valley Drive, Suite 390 Rolling Hills Estates, CA 90274-3629 Office Voice: 310-544-8881 Office Fax: 310-544-8841 Fax to Email: 310-802-7508 Cell: 310-850-2239 --'.'".-------Forwarded message---------- From: Mayor Susan Brooks <subrooks08@gmail.com> Date: Tue, Oct 1, 2013 at 3:09 PM Subject: Re: Urgei;icy Ordinance To: "Ross, Randy" <randy.ross@blross.com> Randy, this does sound problematical. Councilman Knight was trying to help by making sure a project could get done in time with several permits out at once. I suggest sending him your comments. His emails is jim.knight@mv.com. Susan Susan Brooks Mayor, Rancho Palos Verdes (310) 541-2971 (Sent from my iPad) On Oct 1, 2013, at 2:47 PM, "Ross, Randy" <randy.ross@blross.com> wrote: Dear All, I have just read the proposed change in the ordinance language and, unfortunately, there is an unintended consequence that is highly problematical. The new language allows the City to issue or extend permits for work that can be performed within the same timeframe as existing permits. Unfortunately, in this situation, it enables the Andersons to seek and obtain additional permits through 2115 that will continue to disrupt our neighborhood. The current open permits are as follows: 3 <image.png> You will note that most of the permits expiring after 2/2014 do not involve the exterior of the structure or any of the areas facing the street. They also should not involve numerous trucks and construction personnel. The last item on the list, however, is an open permit for another entire year, through 2/16/2015, to install a radiant heating system. The language of the ordinance would permit the Andersons to seek and obtain new permits to do additional projects on the exterior of the structure, that would be disruptive to the neighborhood. Therefore, it provides us with no relief for another year and a half. Is this really what the City intends? I am afraid it is still a problem for me. In addition, what is to stop them from taking out a permit on February 17, 2015 and starting a new 4-year phase? I am not sure you have accomplished what you set out to do. Best, Randy Randy Ellen Ross Attorney at Law CEO Bruce L. Ross & Company 609 Deep Valley Drive, Suite 390 Rolling Hills Estates, CA 90274-3629 Office Voice: 310-544-8881 Office Fax: 310-544-8841 Fax to Email: 310-802-7508 Cell: 310-850-2239 On Tue, Oct 1, 2013 at 1:40 PM, Joel Rojas <JoelR@rpv.com> wrote: Randy The staff report and associated draft Ordinance is posted on the City's website. Here is the link: http:ljwww.palosverdes.com/rpv/citycouncil/agendas/2013 Agendas/MeetingDate-2013-10- 01/RPVCCA CC SR 2013 10 01 03 Urgency Ordinance Contruction Projects Permit Restrictions.pd f 4 Let me know if you have any questions. Joel From: Ross, Randy [mailto:randy.ross@blross.com] Sent: Tuesday, October 01, 2013 8:49 AM To: Joel Rojas Cc: Ross, Bruce L.; Ngan, Dora; Dora Ngan; Paul Zhang (offsite); Glantz, William; Tang, Randy; Smith, Jack; Susan Brooks <SubrooksOS@gmail.com>; Brian Campbell <b.camp@cox.net> Subject: Urgency Ordinance Dear Joel, I noticed that, as was decided at the Board meeting in early September, the Urgency Ordinance is back on the agenda for tonight's City Council meeting. We have not seen any revised language that would enable us to comment on any revised language or otherwise provide feedback on whether it meets the needs of the neighborhood. Would you be able to send us the proposed revisions? Thank you. Best Regards, Randy Randy Ellen Ross Attorney at Law CEO 5 Bruce L. Ross & Company 609 Deep Valley Drive, Suite 390 Rolling Hills Estates, CA 90274-3629 Office Voice: 310-544-8881 Office Fax: 310-544-8841 Fax to Email: 310-802-7508 Cell: 310-850-2239 6 From: Sent: To: Cc: Subject: Attachments: Hello Nathan: Carol W. Lynch <CLynch@rwglaw.com> Tuesday, October 01, 2013 12:45 PM Nathan Zweizig; Joel Rojas Carolyn Lehr; Carla Morreale; David Snow FW: Revised Angeles Purchase Agreement (blacklined version) Comparison of Old_ 1606297.6 _ New_ 1606297.7.DOC As we discussed, here is the slightly revised version of the purchase agreement with Angeles LLC, which has been mo"dified to respond to comments from the Seller's attorney for distribution to the City Council as late correspondence. Thanks, Carol NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 1 1-f. 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) Land that is described on Exhibit "A" as the portion to be conveyed to Buyer, the Improvements thereon (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 PROPE RTY: P08T CLOSING LOT LINE ADJUSTMENT. 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. Buyer will process a lot line adjustment to create the boundaries of the portion of the Land to be retained by Seller and the portion of the Land to be conveyed to Buyer within thirty (30) days after the execution of this Agreement, at no cost to Seller. 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). -1- R6876-000 I \1606297v6':z._doc Error! Unknown document property name. 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 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 -2- R6876-000 l \1606297v /i.;L doc Error! Unknown document property name. 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 to title approved in Section 3.1 (subject to Section 4.2 and the contemplated easement(s) [REA! to be recorded at closing). 4.4 Physical Condition. Buyer accepts the Property in its current As- Is" condition. 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; ( 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. 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; -3- R687 6-000 I \I 606297 v6'_1.doc Error! Unknown document property name. ( c) A counterpart of the REA, duly executed by Buyer and acknowledged; and ( d) Any other document provided for herein or reasonably required by Escrow Holder. 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 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 CL TA 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, -4- R6876-0001\l606297v6',1.doc Error! Unknown document property name. 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 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. W AIYER 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 to its actual knowledge , 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, aftd-(iii) is material and is being relied upon by Buyer. and Civ) will survive the Close of Escrow for one (l) calendar year. 12. l 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 -5- R6876-0001 \1606297v &.-2.doc Error! Unknown docume nt property name. 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 SeUer ' s kno\'.~edge 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. 12.3 Compliance With Laws. Seller has receP.·ed no eotice and bas fl:O actual knovt'ledge of aftY:T here is no 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 kno wn to Seller 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 thoroThere 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 thereThere 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 -6- R6876-0001\1606297v 9-.1.doc Error! Unknown document property name. 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 25 316 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. 12.8 Environmental Violations. 8eller has no lrnowledge of any There is no 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(£)(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. -7- R6876-000 I \l 606297 v&,1.doc Error! Unknown docume nt property name. 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. 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 Sellereither party shall fail to perform Seller's obligations hereunder, ~the other party shall have the option to: (i) extend the Closing for such time as &yeti!; chooses to allow Set1efthe defaultin!Lparty 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 Setlef!h_ defaulting party prior to cure of the default. -8- R6876-0001\l606297v6'l,doc Error! Unknown document property name. 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 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: With a copy to: To Seller: To Escrow Holder: City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: City Manager Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Attn: Carol W. Lynch, Esq. Angeles, LLC 3444 Whittier Blvd. Los Angeles, CA 90023 First American Title Insurance Company 777 S. Figueroa Street, Suite 400 Los Angeles, CA 90017 Attn: Sylvia Meldonia (213/271,L;) 764) 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. -9- R6876-0001 \1606297v0-cl,doc Error! Unknown document property name. 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 Sellers 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 Cnrovided that Seller s rep resentations shall sur viv e the Close of Escrow for one (1) calendar year only). 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. -10- R6876-0001ll606297 veoL doc Error! Unknown document property name. 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. 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. 16.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference. 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. -11- R6876-0001 \1606297 v&oL doc Error! Unknown docume nt property name. 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. 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. -12- R6876-000 I \1606297v ""J..doc Error! Unknown document property name. 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. 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": R6876-0001 \1606297v&.1.doc Error! Unknown docume nt property name. CITY OF RANCHO PALOS VERDES By: ______________ _ Susan Brooks, Mayor ATTEST: Carla Morreale, City Clerk -13- "SELLER": R6876-000 l \l 606297 v9,L_doc Error! Unknown document property name. APPROVED AS TO FORM: Carol W. Lynch of Richards, Watson & Gershon, City Attorney ANGELES, LLC, a Nevada limited liability company By: ______________ _ Print Name: ------------Title: -------------~ -14- EXHIBIT "A" LEGAL DESCRIPTION (Attached.) -15- R687 6-000 I \I 606297v&Ldoc Error! Unknown document property name. McGee Surveying Consulting Page I of6 August 19, 2013 PRELIMINARY 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 I: (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 I 7TH 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 LEA YING 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 HA YING 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, HA YING A BEARING AND LENGTH OF SOUTH 71° 57' 57'' EAST 547.58 FEET; THENCE ALONG SAID LAST MENTION CERTAIN COURSE, SOUTH 71° 58' 05" EAST I 19.78 FEET TO THE EASTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, SOUTH 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93 FEET TO THE POINT OF BEGINNING. McGee Surveying Consulting Page 2 of6 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 I 7TH 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 16° 47' 41" EAST 287.25 FEET; THENCE ALONG SAID CERT AJN COURSE, SOUTH I 6° 47' 41" EAST TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 53° 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 47° 0 I' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF LOT 11 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 47° 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 67° 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. McGee Surveying Consulting Page 3 of6 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 I 7TH 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 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY© LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 4 I' 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. McGee Surveying Consulting Page 4 of6 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: BEGINNfNG AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS HA VINO 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 62° 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 lN BOOK 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 13° 59' 22" WEST 10.08 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRlBED 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 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 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 47' 49" EAST 15 FEET TO THE NORTHERLY LINE OF LOT 9, SOUTH 66° 29' 42" EAST 37.93 FEET TO THE BEGINNING OF ANON-TANG ENT CURVE THEREIN CONCA VE WESTERLY AND HA YING 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 73° 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 15° 56' 51" EAST I 05.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" 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 33° 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 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 McGee Surveying Consulting Page 5 of6 August 19. 2013 DISTANCE OF I 16.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 2135 I, 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' 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 82° 31' 00" EAST 248.95 FEET TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 2 I 351; THENCE ALONG THE BOUNDARY LINES OF LOTS 30 AND 3 I OF SAID TRACT NO. 2 I 35 I, NORTH 38° 45' 35" EAST 12.96 FEET AND SOUTH 82° 27' 27" EAST 287.38 FEET TO THE SOUTHWEST CORNER OF LOT 47 OF SAID TRACT NO. 2135 I; 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 J 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 I 10 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 "LS54 I 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°39'0()" 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°0 I '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 I 0.06 feet, and the Point of Beginning of the Boundary Line to be herein described. Thence North 47°15' 12" East 6 7. l 7 feet to a set I " x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 42°4 t '37" East 152.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". McGee Surveying Consulting Page 6of6 August 19. 2013 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°20'5 l" 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' l 8" West 64.33 feet Thence North 47°25'39" East 6.60 feet to a set I 11 x 36" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence South 66°35' I 8" East 69.03 feet Thence South 37°28'3 I" East 32.55 feet to a set I 11 x 30 11 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°3 I 'I 5" East 30. I 2 feet Thence North 04°02'30" East 68.64 feet to a set 111 x 30 11 Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 68°5 l' IO" East 50.18 feet Thence North 85°34 '42" East 44.49 feet to the point that the bears South 30°56' 36" West I I .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-03 I 7 Page 763, said lead and nail bears South 26° I 7'34" 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-03 17 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-480 I 62-SAC4 issued by First American Title dated April 11, 2012. Michael R. McGee, PLS3945 0 Traverse PC Parcel One to Remain Private 6.922 Acres 15' Access Easement to Parcel One 300' 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 McGee Surveying Consulting Page I of3 September 13, 2013 PRELIMINARY Description of RPV Parcel APN 7578-003-006 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: 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 JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED ON JUNE 15, 1956AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON DECEMBER 10, 1957 AS DOCUMENT NO. 1667, IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED NORTH 86° 58' 40" WEST 24.94 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 430 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 185.63 FEET, WESTERLY AND NORTHWESTERLY ALONG A REVERSE CURVE THEREIN CONCAVE NORTHERLY, HAVING A RADIUS OF 210 FEET THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 255.04 FEET; TANGENT TO SAID LAST MENTIONED CURVE NORTH 42° 07' 42" WEST 500.20 FEET; NORTHWESTERLY ALONG A TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 450 FEET THROUGH A CENTRAL ANGLE OF 37° 16' 48", AN ARC DISTANCE OF 292.80 FEET; THENCE TO SAID LAST MENTIONED CURVE NORTH 79° 24' 30" WEST 17.34 FEET AND SOUTH 19° 06' 50" EAST 69.66 FEET TO THE NORTHEASTERLY LINE OF TRACT NO. 24423, AS PER MAP RECORDED IN BOOK 643, PAGE(S) 10TO13 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 24423, AND ALONG THE BOUNDARY LINES OF TRACT NO. 2220, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SOUTHEASTERLY ALONG A NON-TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 390 FEET THROUGH A CENTRAL ANGLE OF 34° 48' 14", AN ARC LENGTH OF 236.90 FEET AND TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 07' 42" EAST 199.62 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, SOUTH 83° 09' 26" EAST 32.09 FEET; THENCE SOUTH 56° 01' 24" EAST 110.94 FEET; SOUTH 42° 56' 24" EAST 98.35 FEET; SOUTH 27° 44' 28" EAST 152.53 FEET; SOUTH 1° 00' 50" WEST 113.02 FEET; SOUTH 19° 25' 27" WEST 201.47 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 LAST MENTIONED CURVE BEARS SOUTH 11° 20' 45" WEST; EASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 28", AN ARC DISTANCE OF 155.78 FEET; EASTERLY ALONG A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 159.73 FEET; TANGENT TO SAID LAST MENTIONED CURVE SOUTH 86° 58' 40" EAST 79.64 FEET AND NORTH 39° 19' 50" WEST 81.19 FEET TO THE POINT OF BEGINNING. PARCEL2: 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 BOOK4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 29, 1955 AS DOCUMENT NO. 2487, IN BOOK 48207 PAGE 182 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS HAVING A BEARING AND DISTANCE OF "SOUTH 83° 09' 26" EAST 125.90 FEET", WITH THAT PORTION OF THE NORTHEASTERLY LINE OF TRACT NO. 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 42° 07' 42" WEST 384.09 FEET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 22200, SOUTH 42° 07' 42" EAST 300.58 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 270 FEET, AN ARC DISTANCE OF 78.28 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, RECORDED IN BOOK48207 PAGE 182 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED, NORTH 27° 44' 28" WEST 152.32 FEET; NORTH 42° 56' 24" WEST 98.35 FEET; NORTH 56° 01' 24" WEST 110.94 FEET; AND NORTH 83° 09' 26" WEST 32.09 FEET TO THE POINT OF BEGINNING. PARCEL 3: 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 JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, AND THAT PORTION OF TRACT NO. 21351, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGE(S) 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 McGee Surveying Consulting Page 3 of3 September 13. 2013 PAGE 380 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 39° 19' 50" EAST 1,044.82 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 138 OF TRACT 21350, AS SHOWN ON MAP RECORDED IN BOOK 599 PAGES 90 TO 95 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT, NORTH 50° 26' 52" EAST 15.75 FEET AND NORTH 33° 05' 48" WEST 390.13 FEET TO THE MOST WESTERLY CORNER OF LOT 130 OF SAID TRACT NO. 21350, BEING ALSO THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 249.38 FEET TO A POINT IN THE CURVED SOUTHERLY LINE OF MOSSBANK DRIVE, AS SHOWN ON SAID TRACT NO. 21351, BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 185.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 19° 08' 27" EAST WESTERLY ALONG SAID CURVE 26.10 FEET AND NORTH 31° 37' 40" WEST 66.43 FEET TO A POINT IN THE CURVED NORTHERLY LINE OF SAID MOSSBANK DRIVE SAID NORTHERLY LINE BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 125.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 0° 17' 44" EAST; THENCE EASTERLY ALONG SAID CURVE 16.92 FEETTO THE MOST SOUTHERLY OF LOT 5 OF SAID TRACT NO. 21351; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 5 TO 11 INCLUSIVE OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 4° 33' 01" WEST 50.23 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51464 PAGE 380 OF SAID OFFICIAL RECORDS; THENCE SOUTH 5° 55' 42" WEST ALONG SAID LAST MENTIONED WESTERLY LINE 259.95 FEET TO THE POINT OF BEGINNING. 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 . ..... !=? 'J E! i (ll r c. "ti i' 0 l -g· ~ \,;.) Los Angeles County Department of Regional Planning I ropo Map it"'\ A LIL' \/\: ....... \ l HAWnioRl!i'[_~llD \ :-·-·HA.wmoRNE·aLvo--.....;_'?---..,_ ·--~ -...._ I ~····-I·~--.._\ ( ./---::_ ::;:;: ·- \ l . Scale: 1:5.287 Printed On: Jun 14, 2011 GIS·NET I Public Web Mapping Application I Copyright 2007. Los Angeles County Department of Reg!ollal Planning. cseated by the GIS Section , Printed with permission by the Los Angeles County Dept •. of Regional Plannlo9. All rtghts reserved. \ Note: This map represents a quiek represeotallon of speliaJ imageiy or vector layers using GIS-NET. I The map should be interpreted in accordance with !he disclaimer statement of GlS-NET. 3: ! 0 00 r.J'J = > z ~ 0 ,, ... < t:j ~ > ~ ~ I:"" -, I I ••6fl U)'9r.-Zotti av Cl·"···· .. ··-.. r .. , .. ,._,._ , . .,, . ft• ... •U#•tf-......... , t•l•U•ll'•t.•n•••tu ,...,.,., -............. ,... ........ g ........ ~,..,,."" , ... ,t·• q··--·~··-"·· ........ , ~ .::::::.: ....... .... """ ....... !':--.......... ~ ....... a:::!::::-.::~ ...... -U-lll••tttH•• ..... -.................. .......... ll ................ .................. ........ ~·-···· i~'::::::::: ::::::: ::::::: ::: ::: IHJtttflflf , .. llV10 • "ttU.. 1""-1 t•• .................... _....... ·-·· .. l"\M• <#tlCUtt-• .... , •• , ... \ .... , '""' t•I o::: :-::. ... '~::.::· IOO•,.n le!oi t"'I I i I 11 ! l-,yttT •N•t•Ut<•lt-"'O"Ott• :~··'""" ......... 1 ..... , ••••• , •• u ................... t•lt•M•1 ...... ~•at.t r'I"'' .• ................. , .......... .. ,. .... !"1tt•l-n•oUM•11 0,. .. ..,., ............... ~ :::..-::;:•: ::;u ..... ! ... ,,....,_,_, ..... ... _, _ _.. 11 ~!!.~£ :.,; ·1 .................. "" .. "' ........... . .. ... I I 11 JI ,f_I /I' I' ·:'# .-·~~"' i\c:\"'-." : ___ __I Portion of Lot 24, ofL AC 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 1 at Page 1 of Assessor's Maps, in the office of the county recorder of said county as described in Parcel 1 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 ofl 7.00 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. -1- R6876-000l\1627478v I .doc I / I I ,----·. ·1 \ I \ I I I I \ I L ___ I . _j I I g I \ 0 w I (f) I 0 a. 0 0::: I a.. l I l PROPOSED LOT LINE I _/\ ·v PORTION OF LOT 24-\\ LACA MAP NO. 51 \ I I I \ I I I I ) I I l I I I ) / I I I I I I I I LOT AREAS: ti! ~ g ~ ~ ri SCALE: 1 "=200' I //..---._/,. LOT 65 EXISTING = 7,590 S.F. PARCEL A PROPOSED = 12,590 S.F. OJ rf> ~ 0 0 CJ ~ r'T\ z c:. r'T\ /" I PORTION LOT 24 EXISTING = 20.98 ACRES PORTION 8 PROPOSED = 20.86 ACRES EXHIBIT "B" FORM OF GRANT DEED (Attached.) R6876-000I \I 606297v&c1.doc Error! Unknown document property name. 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 [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 R687 6-000 I\ I 606297v4'1..doc Error! Unknown document property name. State of California County of Los Angeles ) ) (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 _______________ _ State of California County of Los Angeles ) ) (Seal) 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) R6876-000 I\ I 606297v&,1,_doc Error! Unknown document property name. EXHIBIT "A" TO GRANT DEED Legal Description of the Land (Attached.) R687 6-000 I\ I 606297vfr.1._doc Error! Unknown document property name. McGee Surveying Consulting Page I of3 September 13. 2013 PRELIMINARY Description of RPV Parcel APN 7578-003-006 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: 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 JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON DECEMBER 10, 1957 AS DOCUMENT NO. 1667, IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED NORTH 86° 58' 40" WEST 24.94 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 430 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 185.63 FEET, WESTERLY AND NORTHWESTERLY ALONG A REVERSE CURVE THEREIN CONCAVE NORTHERLY, HAVING A RADIUS OF 210 FEET THROUGH A CENTRAL ANGLE OF 69° 35' 01" AN ARC DISTANCE OF 255.04 FEET; TANGENT TO SAID LAST MENTIONED CURVE NORTH 42° 07' 42" WEST 500.20 FEET; NORTHWESTERLY ALONG A TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 450 FEET THROUGH A CENTRAL ANGLE OF 37° 16' 48", AN ARC DISTANCE OF 292.80 FEET; THENCE TO SAID LAST MENTIONED CURVE NORTH 79° 24' 30"WEST 17.34 FEET AND SOUTH 19° 06' 50" EAST 69.66 FEET TO THE NORTHEASTERLY LINE OF TRACT NO. 24423, AS PER MAP RECORDED IN BOOK 643, PAGE(S) 10 TO 13 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 24423, AND ALONG THE BOUNDARY LINES OF TRACT NO. 2220, AS PER MAP RECORDED IN BOOK 639PAGES19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SOUTHEASTERLY ALONG A NON-TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 390 FEET THROUGH A CENTRAL ANGLE OF 34° 48' 14", AN ARC LENGTH OF 236.90 FEET AND TANGENT TO SAID LAST MENTIONED CURVE SOUTH 42° 07' 42" EAST 199.62 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 56217 PAGE 198 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEED, SOUTH 83° 09' 26" EAST 32.09 FEET; THENCE SOUTH 56° 01' 24" EAST 110.94 FEET; SOUTH 42° 56' 24" EAST 98.35 FEET; SOUTH 27° 44' 28" EAST 152.53 FEET; SOUTH 1° 00' 50" WEST 113.02 FEET; SOUTH 19° 25' 27" WEST 201.47 McGee Surveying Consulting Page 2 of3 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 LAST MENTIONED CURVE BEARS SOUTH 11° 20' 45" WEST; EASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 33° 03' 28", AN ARC DISTANCE OF 155. 78 FEET; EASTERLY ALONG A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 370 FEET THROUGH A CENTRAL ANGLE OF 24° 44' 03", AN ARC DISTANCE OF 159.73 FEET; TANGENT TO SAID LAST MENTIONED CURVE SOUTH 86° 58' 40" EAST 79.64 FEET AND NORTH 39° 19' 50" WEST 81.19 FEET TO THE POINT OF BEGINNING. PARCEL 2: 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 JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 29, 1955 AS DOCUMENT NO. 2487, IN BOOK 48207 PAGE 182 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS HAVING A BEARING AND DISTANCE OF "SOUTH 83° 09' 26" EAST 125.90 FEET", WITH THAT PORTION OF THE NORTHEASTERLY LINE OF TRACT NO. 22200, AS PER MAP RECORDED IN BOOK 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 42° 07' 42" WEST 384.09 FEET"; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 22200, SOUTH 42° 07' 42" EAST 300.58 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADJUS OF 270 FEET, AN ARC DISTANCE OF 78.28 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, RECORDED IN BOOK 48207 PAGE 182 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED, NORTH 27° 44' 28" WEST 152.32 FEET; NORTH 42° 56' 24" WEST 98.35 FEET; NORTH 56° 01' 24" WEST 110.94 FEET; AND NORTH 83° 09' 26" WEST 32.09 FEET TO THE POINT OF BEGINNING. PARCEL3: 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 JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, AND THAT PORTION OF TRACT NO. 21351, IN SAID COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 598 PAGE(S) 32 TO 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED RECORDED ON JUNE 15, 1956 AS DOCUMENT NO. 2360, IN BOOK 51464 McGee Surveying Consulting Page 3 ofJ September 13. 2013 PAGE 380 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 39° 19' 50" EAST 1,044.82 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 138 OF TRACT 21350, AS SHOWN ON MAP RECORDED IN BOOK 599 PAGES 90 TO 95 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT, NORTH 50° 26' 52" EAST 15.75 FEET AND NORTH 33° 05' 48" WEST 390.13 FEET TO THE MOST WESTERLY CORNER OF LOT 130 OF SAID TRACT NO. 21350, BEING ALSO THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID TRACT NO. 21351; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 249.38 FEET TO A POINT IN THE CURVED SOUTHERLY LINE OF MOSSBANK DRIVE, AS SHOWN ON SAID TRACT NO. 21351, BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 185.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 19° 08' 27" EAST WESTERLY ALONG SAID CURVE 26.10 FEET AND NORTH 31° 37' 40" WEST 66.43 FEET TO A POINT IN THE CURVED NORTHERLY LINE OF SAID MOSSBANK DRIVE SAID NORTHERLY LINE BEING A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 125.00 FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH 0° 17' 44" EAST; THENCE EASTERLY ALONG SAID CURVE 16.92 FEET TO THE MOST SOUTHERLY OF LOT 5 OF SAID TRACT NO. 21351; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 5 TO 11 INCLUSIVE OF SAID TRACT NO. 21351, NORTH 31° 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID TRACT NO. 21351; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 4° 33' 01" WEST 50.23 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 51464 PAGE 380 OF SAID OFFICIAL RECORDS; THENCE SOUTH 5° 55' 42" WEST ALONG SAID LAST MENTIONED WESTERLY LINE 259.95 FEET TO THE POINT OF BEGINNING. 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 ~ .,, I ('O Ill g c.. .,, ::l. ~ 0 ~ ::s .. ~ -o· "' .&:>. w Los Angeles County Department of Regional Planning I Topo Map Scale: 1 :5.287 Copyright 2007 • Los Angeles County Department ofRegiOnill Planning, created by Ille GIS SeqiOn Printed On: Jun 14. 2011 Printed with petmlSSiOn by the Los Angeles County O.pt. or Regional Planning. All rights tesetved • GIS·NET i Public Web Mapping AppticatiOn Note: This map eepresenlli a quictc representation of spalla_l Imagery Qt vector tayel'$ usin9 GIS.NET. The map should be 1nlerpreted •n acccraance with lhe disclaimer statement of GlS-NET. ,------~:::=-~ \~--., '. ,_..,. /.. :Jl . v:~~ \-;;~f4.'@ .!'."'7'r. . ·'.:ii.--·. ~'!I' ~~-~.. -~-<!;;;;~,_, ~\'?~.,· •.a• .. Ll'y.n q~::.:::;::~ .. -· u·--.. ··-..,_... ... , ...... . _ ................. . (l•• .... ..,. __ I••-·-u-~·· ~~:::::::.: ..... _ .. . ·· ... -........... . g::::~==~7 ....... _,, ......... ...,_, -··-······ ....... _.,, ltH•-.•• ••••-T • .. ,. .. ,_,. ; ; ::::::::: :::=; : :::~:: ............. ti-•·.-··· .. . ............ ,. ........... . r1 ... ·--···· ..... -........ . t'•··· ..... , .. _ ........... .. ;--. ., ........... -............. .. "''•••nu,.tt•-•"'"''tt.t• :--· ........... -... ·-·· ....... -.......... " .... , ..... , ............. . s::.:~:-::.:::·:.:·~ .. ._ ::-:.::-; ::: .... .. """''"···- ZIHIUtg ....... ·-··· ,...,. .. , ...... ··~ ........ , ...... . ....... ......... . .. , ... ·-···· •••••"4 ,,_ ... I 11 '! I , , •·~;::.., LARl®C :.""' e_: · _ .. _. ___ .......... I ....... •H ~·· .......... ••o •' ................. ·~ ·•+ I J McGee Surveying Consulting Page I of6 August 19, 2013 PRELIMINARY 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 OFFrCIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 22" EAST 113.38 FEET; THENCE LEA YING 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 STA TE, 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 CERT A IN 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 HA VINO 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 71° 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 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93 FEET TO THE POINT OF BEGINNING. McGee Surveying Consulting Page 2 of6 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, lN TI-IE 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, HA YING A BEARING AND LENGTH OF SOUTH 16° 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 53° 07' 56" EAST TO THE NORTHERLY BOUNDARY LINE OF TRACT NO. 2 I 353, 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 47° 0 I' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF TI-IA T PORTION OF LOT 11 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 47° 0 I' 26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 11, I 0 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 I 7TH JUDICIAL DISTRICT OF SAID STA TE, 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 67° 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. McGee Surveying Consulting Page 3 of6 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 l 7TH JUDICIAL DISTRICT OF SAID ST A TE, 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, HA YING A BEARING AND LENGTH OF NORTH 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 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 l 7TH JUDICIAL DISTRICT OF SAID ST A TE 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. McGee Surveying Consulting Page 4 of6 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 HA YING A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST l,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 62° 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 13° 59' 22" WEST 127.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG SAID EASTERLY LINE SOUTH 13° 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 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 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 47' 49" 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.l I 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 73° 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 15° 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" 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 33° 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 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 McGee Surveying Consulting Page 5 of6 August 19, 2013 DISTANCE OF 116.22 FEET TO THE WESTERLY LINE OF LOT 15 OF TRACT NO. 21351, AS PER MAP RECORDED JN BOOK 598 PAGES 32 TO 38 INCLUSJVE 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' 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 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 38° 45' 35" EAST 12.96 FEET AND SOUTH 82° 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 "LS5411" 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. 2 I 353. Thence North 51°49'00" East 136.59 feet to a point on the northeast line of said "Future Street" that bears South 4 7°0 I '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 64 7 of Maps Page 44-4 7, 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 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 42°41 '37" East I 52.64 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". McGee Surveying Consulting Page 6 of6 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 1" 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°28'3 l" 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 1" x 30" Galvanized Iron Pipe with a 2 inch aluminum cap stamped "McGee Surveying PLS3945". Thence North 68°51 'IO" 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 ofMontemalaga Drive shown in LA County field book PWFB-0317 Page 763, said lead and nail bears South 26° l 7'34" 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 0 Traverse PC Parcel One to Remain Private 6.922 Acres 15' Access Easement to Parcel One 300' 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 l, 1944, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, and recorded in Book 1 at Page 1 of Assessor's Maps, in the office of the county recorder of said county as described in Parcel l of Deed recorded September 27, 2000 as Instrument No. 00-1518362, Official Records. Except for the land described as follows: Beginning at the Northwesterly corner 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. -1- R6876-000l\1627478v I .doc \"----- \ I I \ \ __ ....J I L_ .. --1 I I I I I ! I I l I I PROPOSED LOT LINE g \ fr1 \ VI \ ~ fi ' a. \ I _/\ V. PORTION OF LOT 24 \\ LACA MAP NO. 51 \ I \ I ) ! I I I I / I I ) I , I I ' SCALE: 1 ·=200' I I I I I LOT AREAS: / // / I / I I / 1--a / ,,,,-/ ~~ .-"'%-1 (/,,.,.. 01'"%- I I /,,__, LOT 65 EXISTING = 7,590 S.F. PARCEL A PROPOSED = 12,590 S.F. PORTION LOT 24 EXISTING = 20.98 ACRES PORTION 8 PROPOSED = 20.86 ACRES 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 R6876-000 I \J 606297v~Ldoc Error! Unknown document property name. 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. R6876-0001\1606297v6'1.doc Error! Unknown document property name. EXHIBIT "D" RECIPROCAL EASEMENT AGREEMENT R6876-000 I\ I 606297v6"1.doc Error! Unknown document property name. 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". 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 "D". City hereby grants to Angeles an easement for pedestrian and vehicle access over the portion of the City property described on Exhibit "E". R6876-000 I \l 6 I 2856v2.doc 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 arid 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 2 R6876-000 I\ l 6 l 2856v2.doc 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) in which time is a factor. Time of Essence. Time is of the essence of each provision hereof (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 R6876-000J\l612856v2.doc 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 R6876-000 l\l 612856v2.doc 4 ANGELES, LLC By: ~~~~~~~~~~~ Print Name: ---------- Title: ------------- State of California County of _________ _ 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 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 PENAL TY 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 _________ _ 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 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 PENAL TY 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 R6876-000I\ I 612856v2.doc 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 ------ R6876-000I \16 l 2856v2.doc Carolyn Lehr City Manager 6 R6876-0001\l6 I 2856v2.doc EXHIBIT "A" DESCRIPTION OF THE CITY PROPERTY (Attached.) 7 McGee Surveying Consulting Page I of6 August 19, 2013 PRELIMINARY 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, ALLOTTEDTOJOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE'. NO. 2373, IN THE DISTRICT COURT OF THE l 7TH 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 LEA YING 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 l7TH 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 INCLUSIYE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS HA YING 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, HA YING A BEARING AND LENGTH OF SOUTH 71° 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 16° 47' 41" EAST 15.00 FEET TO SAID CERTAIN COURSE IN THE NORTHEASTERLY LINE OF TRACT NO. 21354; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128. 93 FEET TO THE POINT OF BEGINNING. McGee Surveying Consulting Page 2 of6 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, HA YING A BEARING AND LENGTH OF SOUTH 16° 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 53° 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 47° 01' 26" WEST 30.00 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF LOT 11 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 47° 01' 26" WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 11, I 0 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 LINEOF SAID TRACT NO. 21353, SOUTH 67° 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. McGee Surveying Consulting Page 3 of6 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 I 7TH 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 tENGTH OF NORTH 20° 32' 00" WEST 293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED IN SAID DEED AS FOLLOWS: SOUTH 20° 32' 00" EAST TO AN ANG LE POINT THEREIN; NORTH 61° 05' 05" EAST 359.86 FEET AND NORTH 22° 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 ST A TE 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. McGee Surveying Consulting Page .i of6 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 HA YING A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST I, 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 62° 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 JN BOOK 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 I 3° 59' 22" WEST I 0.08 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 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 71° 58' 05" EAST 119.78 FEET AND SOUTH 16° 47' 49" 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 73° 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 15° 56' 51" EAST 105.46 FEET; SOUTH 30° 23' 51" WEST 161.47 FEET AND SOUTH 15° 29' 01" 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 33° 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 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 McGee Surveying Consulting Page S of6 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' 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 82° 3 I' 00" EAST 248. 95 FEET TO THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 2 I 351; 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 82° 27' 27" EAST 287.38 FEET TO THE SOUTHWEST CORNER OF LOT 47 OF SAID TRACT NO. 2I351; 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 l" 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 ori Tract No. 21353 recorded in Book 648 of Maps Page 48-50 Los Angeles County Records. Thence North 66°39'0€?" 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 44°40' East 10.06 feet, and the Point of Beginning of the Boundary Line to be herein described. Thence North 47°15' I 2" East 6 7 .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". McGee Surveying Consulting Page 6 of6 August 19. 2013 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 64.33 feet Thence North 4 7°25 '39" East 6.60 feet to a set I fl 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°28'3 l" East 32.55 feet to a set I fl 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°5l'1 O" 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° I 7'34" 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-480 I 62-SAC4 issued by First American Title dated April 11, 2012. Michael R. McGee, PLS3945 0 Traverse PC Parcel One to Remain Private 6.922 Acres 15' Access Easement to Parcel One 300' 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 EXHIBIT "B" DESCRIPTION OF THE ANGELES PROPERTY (Attached.) 8 R6876-0001\1612856v2.doc Legal Description To Be Added R6876-000 I\ l 6 l 2856v2.doc 0 Traverse PC 15' Access Easement to Parcel One 300' 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 EXHIBIT "C" DEPICTION OF THE JOINT ACCESS RIGHT OF WAY 9 R6876-000J \I 612856v2.doc MONUMENT NOTES t1 J Found punct1<:<1 spike & washer ambossed "ORA" No i;earch wss mado ror rolorences (.?I FQIJod pundled spike: sllllr{l(ld 1.S 54t1"shOW'\ on PWFB 0317 683 found lead & 111ck ill :op of curb N65.06'W 14 23' {14.2.B'J. Ne> sasr<".tl was made for otnerraf'°"rao<:fl~ (3) found punchtid spike & warJu!r s.tampeo "LS !>411" snOWJ",on PWF60317·68.l. Found lead & ta(".ks rntopofClJrh N51"21W 18 20· N34'1'5W is 83' and N04'15'E 30 35' Nose<1rct>w1Jsmad1tfur other references (4) FQUlld pundlad spike & wnsher slitmimd "IS 5411" >1ho'Ml on PWFB 0317-663 Found lead & tacks rn top of cuib S59'<11'W :ill 17' (50 22'!. ar.d 81NSO";?G"W11 B!f {1 T .69'} No scrnrcil was made for other references. / t it~ 'l®®®:B ,, !f;iJ!ill <fil~U~iI '"'., . l> \,., ·• 1''' .;, ~o ·' •, o'?r":; ':.t-e ,.,.,. $'? qi~ o,<¥i' '.r.r~· ~~ llq~ r,/lt..f, ,,-ri'' .. .r ""'·~· r';;",;;,~-( :l\-.,17~1 {5) Fnund punctled l>Dike & washer stamped "LS 5411" mMung the i:;;onter ol lhe cul·d&-sac shown on PWFB 0317-683. Found hmd & IUci<.!i tn top 01 cufb at N47"27'W 33 25' (l..1.25'), N5Q•51·i: J3 811(3391"). S05"f18'E 3420'134.24'1 and a! S4r23'E l3 45'. No search was made fat other referem:es 60' 0 60' 120· ~ ~~· ""{~~ .. s Iii 0 4' .;,~ • ..{<:...,.;_, .. ,~"~l ?-;_$'b. ~ . ./I.?,'" c~&C"'r.c \1' .. ,\htltP°\ (61 Set monument on SE sc® al an ttn aid road bed. The cen!Cf of a 2' Slorm<lrain Manhole OO:ars S41"32'E 11 T (71 Set monum-0nt m nn old rot'ld bed The rentffl nf 11 2' Sewur Manhole beurs S06'05'W 19 O'. i8.) Sot monument J' easterly of top ol bar,ic. !91 Sat monumonl on a moderate opan n1)ftli stopo (10) Sat monument on a rnoderale open 1io1theas111tooo \It) Set rnonll!'1enl 1)(1 a mikl open north 111ope lt\e center ol ti 2' Sewer Mant1ole bM•fl S41 '03'E 7 6' and a punch hole in the northwest run beart1 S40'53'E ll 59 (12) Found 1eao: & tar:k lf"' lop ol$0ulh curh ol Mmlfl11atl69a Dflvl!: and 11sod as a reference fot tha oortheastlflrmtrnis ol the Rancho Palos Ventea Property Uoe (13) Fauna spike & tta'$tWr 'hO'M' on ROF6 0317·282 as set .;it thtt 1ntars.&ction ol 1.11e sem1-1angen1 or me main curve !.lf Montemalaga Dnve With the conlOOlne ot Gmyslalta Road. Thacunterline lntl!f"Sacllon shown Of'I MB 658·12 is on lhe main c.utve canteritn11 QI Moolemalaga Orlvtt and Is S27'01'15"W 0.39' Found load & brass di11c 'LA CO RD DEPT' on lop of south C1Jtb 527"01'15"'1 32.ST i32.6TI. found load & lsl;k on 1op ol south cum tsee(121J S26"17'34"'E 58.78' (58.79') aml lead & tacit N27'01'15•e 29 73' \29 7TJ m concrete gu«eras sho't'ttl on ROFB 0317-282 anc1PWFB0317. 763 No 5aard'lwas made ror ottier references (14) fouf\d 3P1k:e IS: w"&hcr down 0.2'. Na search wa11 maQQ lor refomnces. 115) Found puncllttd !lpike embossed "ORA~ shown°" PWfB 0317·112 Found lead & tacklr: top of curb S62"56'E. 18.16' {18,81') No saatch was mad& for olhftf references. (16) New Pmpimy Line bngms on In& nllrtlleast lina of lttft Fu1u111o Streei parcel from which a mag nail & 1.5" brnss washer "PLSJ945 MCGEE SURVEYING" bears S44"40'E 10.00'. Tnonull &. wa&het 110 sotm a concrete footing of a chain Hnk fenc:1J. 0 4'North oflM center or ll'I~ post. renca runs SE amt SW :r' !P's prtr Trad. Maps nonhwe-st 3 53' and 50UUieast 26 47' no! found ·~;~~ >1.•4~1'1J ,.~411\l'J ,.11'l'' v·112·1(1'l'r \..Ot'\ .... ,.,&"~'"-~~')~~-~-r· ,,.c·1'1:ii c~<1"' ~flt \~j:,. .a. ~~.\!1¢"'N we~o "5 4~(!1J ~51ar "'_.,.,.., '"' ,.' \5) "":""' et•A-:t \~ '"3'~!?"-·'"°'~;,;'·-.":~" \..Ot \'\ " ,. l,.o\10 '!"~··_ ··t·'.'" ~~~,f .. ;,1' •-tt """\ ~,ft1it1'' .. ~~ -\~!:/'' .. •"'!:~;;-:; ~,-:,,.,.... [}(,(];~:·. !~.:~ ···~"'-\~'~· JdJ'.·!. <i."\ ... ' ,vi ~~'!I l'll .~,_*'\ ¥,~~· ','13l: ~ '\-h->:\ APN 7511HJC2·009 ;.\.1'.\~ ~~~ .. -t:i·~ .. ... 'b-$ ~ ' ... .-. f/\&r/" ':,-o(!li«e" \I\'• 111"" \.0\11 COUNTY SURVEYOR'S STATEMENT Thi; map Pu\$ btlan ltll/IO'll'led •n Btcordllll~ wrlh Sac!IOO 6766 of me Pn;lo;:~'ll<loal \And Swvo:~<>r"!i •\<:I !hi!> •.. __ day ol ---·--. 20~2 oitli.ty r.cvniYSU'"rYeYor _________ _ ...,. .,,,,. s1n-0111!1;: e ·""'~ l.1,.7~~ ~~(;)· • \'l' ~~~\?;;·;Ir, ~0(:-0 0~...;, <('l>\c; <(\o<:/ .,.1>,0 <(\~ . ..,. ,...,,."'":i'l'f' R•li2fJOO"- AAr6.~9' l£:\!IJ6' O•l"5'.~3"" :Y.ltJ. l'\~W1B'~~--\r "!rJ1•9•·1u·r;, "'8st·~~"e ,_,,3Q·.o;i;"3ol't , ; I! ~ l~;r ,\\'ll ? J:; s.~~~f10t11J'E 0,.. ~ W'154'~-'Ii.. .\•l ~1~:,, ... o;·IO. \,., 0 "'f' ·''/ 0(cl >..0c,, '/',<>'' <?1°9 . \ 0\I.> • .. -..,..,~ "'-~o oc,," ,, ~ n-S: no/-c; 0" " 1:'-CF ~<(-.'O . _, 0 c}"· -- ·" '" --~, / ~;,~-~,;. ,........-·~oo ...,?;.~;·::,,..:..-~~'> tlS) ~-----,, ",.{ -- _, ---.; SURVEYOR'S STA TEMF.NT Th1s1>1apcorrodly•apt1H18'llllaGUrVeymadDbyma01undermy dlfllc1ioninconfoimancewithlhcitC1LJlri:mentsoftl\tlProfe~\00111 La1111 Surveyor's Act a! the fflQUfl!il Ill th11 Clly of Ranchn Palo:; VardDS!O.luly2012 MfcllQ.;iR.~·p-[53945·--- ... 1t~,·:;,w """'54.5l)' t-n.~r 0~1·s.i·lT' ."~' .i.<:i' LEGEND <:Y-c..J'·~ Set 1"x3o~ Galvanized Iron Pipe up 112' With a 2'" aluminum cap stamped o ~McGee Surveying PLS3945• as described in Iha Monument Noles· Set a ·u· steel post alongside with a Sign ~city of Rancho Palos Verdes Property Line" • Found monuments as described in Monument Notes (1) Refers to Monument Notes symbolized by (1) in Nares () Record informauon per labeled Tract or Field Noles Calculated position ss Existing Sewer Line BASIS OF BEARINGS Bearl"U $l1ow11 an lh1!l survey ore batu)(l on TR21J~3 rocurueu In M~S. 48150 basn<I on tl) lo {S) The t:>eanng>\ shown 1m TR19UB-1 rficorded m MB658-9/1:<' are rotated n9ht 0'01 00" to tllis wrvuy based on !13) to\ 14) Boarm9 shown on U'11ti survay WOUlrJ ~ m\:tlert ktfl o•tw·o:i• to otita1n lleanr.y based un guoUeti<: north SURVEY NOTE The purpose of this survey IS to locate. dt1scnbe MU monumeni a oound11ry line adjustmen\ al tho requatil QI and for lhtt City Q( R;mcho Polos Verdes Ulllt runs from the northeast line of that para:! shOWF\ as a •Fururn Slrael~ on MB 646-47149 and MS M7-45147 to lhe soulh n~ of MontamlJlago: Drive. and 4 15' Easernent !Of accaa!'. over &aid ·fulure Streer. PRELIMINARY 08103112 RECORD of SURVEY '°' The City of Rancho Palos Verdes '" The City of Rancho Palos Verdes County of Los Angeles, State of California Being a Portion of Lot 'H' of Rancho Los Palos Verdes Scale. 1"= 60' July 2012 MCGEE SURVEYING CONSVLT/NG .'>hPN(nl\ R6876-000I116 l 2856v2.doc EXHIBITD DESCRIPTION OF THE PORTION OF THE JOINT ACCESS RIGHT OF WAY LOCATED ON THE ANGELES PROPERTY (Attached.) -10- McGee Surveying Consulting Page I of I EXHIBIT D Description #3 August 11, 2012 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 l" shown on LA County field book PWFB-03 I 7 Page 682-683 marking the center of the cul-de-sac at the north end of Grayslake Road shown on Tract No. 2 I 353 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. 2 I 353. Thence North 51°49'00" East I 36.59 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 l 0.06 feet, and the Point of Beginning. Thence North 47°15' 12" East 67 .17 feet to a set l" 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 4 7°0 I '26" West l 0.12 feet from the Point of Beginning. Thence South 47°0 I '26" East I 0. I 2 feet to the Point of Beginning · SURVEYOR'S STATEMENT: This description was prepared by me on August l, 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 R6876-000 I \l612856v2.doc EXHIBIT "E" DESCRIPTION OF THE PORTION OF THE JOINT ACCESS RIGHT OF WAY LOCATED ON THE CITY PROPERTY (Attached.) 11 McGee Surveying Consulting Page I of I EXHIBIT E Description #2 August 21, 2012 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 I 0 feet left and 5 feet right of the following described line in the County of Los Angeles, State of California. Commencing at a found spike and washer stamped "LS5411" 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 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 4 7°0 l '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 l 0.06 feet, and the terminus of the described line. The northwest and southeast sides of said 15 Foot Easement are be lengthened or shortened as 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 I, 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 McGee Surveying Consulting Page I of I EXHIBIT E Description #4 Access Easement Reserved over the City of Rancho Palos Verdes for the Benefit of a Private Property Parcel August 11, 2012 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 "LS54 l 1" 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 4 7°0 l '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 44-4 7, from which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945" bears South 44°40' East l 0.06 feet, and the Point of Beginning. 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 Beginning SURVEYOR'S STATEMENT: This description was prepared by me on August I, 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 From: Sent: To: Cc: Subject: Attachments: Kit Fox Tuesday, October 01, 2013 10:15 AM cc Carol Lynch <clynch@rwglaw.com>; Dave Snow; Joel Rojas; Teresa Takaoka Update regarding Malaga Canyon Acquisition & Agricultural Conversion 20131001_CC_LateCorrespondence.pdf Dear Mayor Brooks and Members of the City Council: The attached memorandum provides additional information about the Malaga Canyon acquisition (Item 4 on tonight's ag-enda) as it relates to the agricultural use conversion issue at Point Vicente Park. A copy of this memorandum will also be included as "Late Correspondence" for tonight's meeting. Sincerely, Kit Fox, AICP Senior Administrative Analyst City Manaaer's OHice City of Rancho Palos Verdes 30940 Iiawthorne Blvd. Rancho Palos Verdes, CA 90275 T: (310) 544-5226 P: (310) 544-5291 E:kitf MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: CITY MANAGER'S OFFICE HONORABLE MAYOR AND CITY COUNCIL MEMBERS KIT FOX, AICP, SENIOR ADMINISTRATIVE ANALYST OCTOBER 1, 2013 LATE CORRESPONDENCE REGARDING THE AGRICULTURAL CONVERSION ISSUE AT POINT VICENTE PARK (MALAGA CANYON ACQUISITION -AGENDA ITEM 4) Concerned residents have raised questions regarding the City's acquisition of the Malaga Canyon properties as they relate to their possible use as replacement property for the conversion of a portion of Point Vicente Park to allow continued agricultural use. As discussed on Pages 2-3 of tonight's Staff report, the National Park Service (NPS) has advised the City that the acquisition of the Malaga Canyon properties with Federal Section 6 grant funds would disqualify them from consideration as replacement property. As such, Staff believes that the City Council should consider the proposed Malaga Canyon acquisition on its own merits (i.e., habitat preservation, trails, drainage), not based upon any possible connection to the conversion at Point Vicente Park. In response to the September 25th e-mail from David Siegenthaler of NPS, Staff sought further clarification of the eligibility of the City-owned Windport Canyon property as a possible replacement property. Staff e-mailed Mr. Siegenthaler on September 25th and received his reply just a few hours before NPS offices were closed by the Federal shutdown on September 30th (see attachment). Mr. Siegenthaler's response suggests that the City's Windport Canyon property (and any other property that the City currently owns) would also be ineligible as replacement property. Concerned residents who have been in touch with NPS Staff have suggested that it may be possible for the agricultural use at Point Vicente Park to remain without a conversion. However, Staff believes that this is based upon a misunderstanding of the land use restrictions that apply to the property. Although it has been suggested that the Land and Water Conservation Fund (LWCF) Act might allow agricultural use, only Lower Point Vicente Park is subject to LWCF restrictions. Instead, Point Vicente Park where the farm is located is governed by the Program of Utilization (POU) under the Federal Lands to Parks (FLP) program. Mr. Siegenthaler has repeatedly indicated in the past the agricultural use is inconsistent with the Point Vicente Park POU. Staff will continue to explore options with NPS to allow agriculture at Point Vicente Park to remain. In addition, Staff will explore other possible land acquisitions that would satisfy a conversion request. Late Correspondence for Malaga Canyon Acquisition October 1, 2013 Page2 Attachment • E-mail exchange with David Siegenthaler (dated 9/23/13 to 9/30/13) M:\Municipal Facilities\Hatano Farm Lease Agreement\20131001_CC_LateCorrespondence.docx Kit Fox From: Sent: Siegenthaler, David <david_siegenthaler@nps.gov> Monday, September 30, 2013 6:02 PM To: Kit Fox Subject: Re: FW: Conversion of a Portion of Point Vicente Park (LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088) Hi Kit, This is just a quick answer given the rush of things here at the moment. .. generally, land already · owned and acquired for open space is not eligible as replacement property. The waiver of retroactivity is not something that applies to an acquisition made before the waiver -it applies to land acquired after the waiver but before final project approvals. A shutdown will' close this office. David 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, Sep 30, 2013 at 11 :49 AM, Kit Fox <KitF@rpv.com> wrote: Dear Mr. Siegenthaler: l just wanted to check in with you briefly to see if you had a response yet to our questions below about a possible, alternate replacement property (highlighted below). Also, I assume that if there is a Federal government "shutdown" on October 15 \ NPS offices will be affected. If you know, can you confirm if this is will be the case or not? 1 Sincerely, Kit Fox, AICP Cit-g of Rancho Palos Verdes (.310) 544~5226 kitf@rpv.~m From: Kit Fox Sent: Thursday, September 26, 2013 2: 11 PM To: 'Siegenthaler, David' Cc: carolyn Lehr; Carolynn Petru; Carol Lynch <clynch@rwglaw.com>; Cory Linder; Joel Rojas; Ray Murray Subject: RE: Conversion of a Portion of Point Vicente Park (LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088) Dear Mr. Siegenthaler: Thank you for your replies. Your responses to Questions 1, 2 and 4 have made it clear that the undeveloped, private property that the City was originally considering as replacement property for this conversion request will not be eligible. As an alternative, the City is considering another City-owned property as a possible replacement property for this conversion. The City acquired this 5.45-acre undeveloped, privately-owned lot from the County of Los Angeles in January 2010 through a tax-default sale, paid for in full with $150,000 in City general fund monies. The purpose for which the property was acquired was for open space and drainage/flood control purposes. The property remains undeveloped and the City has no plans to improve it. It is not, and has never been used as, a public park. ... ... . .. ... ii~ lt·"i~·~~rY ... f~p~:~!nt to the City to have the answer to these questions so that we may appropriately focus our efforts on identifying replacement property that has a reasonable chance being eligible and acceptable for this conversion request. 2 We may have further questions about your other replies as we proceed with this conversion process. In the meantime, I look forward to your replies to the questions posed above. If there is additional information that you need from me to assist you, please do not hesitate to contact me. Sincerely, Kit Fox, AICP City o£ Rancho Palos Verdes (.310) 544~5226 kit£@xpv.com From: Siegenthaler, David [mailto:davld siegenthaler@nps.gov] Sent: Wednesday, September 25, 2013 5:08 PM To: Kit Fox Cc: Carolyn Lehr; Carolynn Petru; Carol Lynch <clynch@rwglaw.com>; Cory Linder; Joel Rojas; Ray Murray Subject: Re: Conversion of a Portion of Point Vicente Park (LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088) Hi Kit, I'll address your questions according to your numbering: 1) In order to answer this question, I need to know if the City is acquiring the property specifically to serve as replacement for the proposed conversion area. If it is not -if the City will acquire this property for use as a park regardless of its eligibility to serve as conversion replacement, its acceptability may be affected. We may potentially be able to issue a waiver of retroactivity if acquisition must be done within a certain time-frame. Such a waiver would not guarantee that the property or the·replacement proposal would be approved, only that if the proposal is approved, the property would not be ineligible due to its having b~en acquired before approval. It would be helpful for us to have more Information about the proposed replacement property (e.g. location, boundaries, the City's intended use, site characteristics, etc.) so that we can better assess its suitability as replacement. 3 2) Inclusion of Federal Lands to Parks (FLP) park land in the City's nature preserve system does not invalidate its status under the FLP program unless it contradicts the requirement for public park and recreation use of the site and the approved program of utilization for the park. It may even enhance the park's protection by making the local zoning protections consistent with federal park use requirements. We'd be glad to look at the nature preserve restrictions and let you know if we see any conflicts. 3) Before doing appraisals, we need to check with GSA regarding how they would want the appraisal and appraisal review process to go. You will need further appraisal instructions that supplement (and in some cases replace) the federal yellow-book requirements. However, for sure the land will need to . be appraised at an economic market value as If no park use restrictions are in place. Before appraisals are done, we need to agree on the area to be exchanged to insure that the remaining park does not contain areas rendered useless by the excision. Of course, in addition to the appraised value, the replacement land must meet the criteria that it be of reasonable equivalence In usefulness and location. · 4) The source of funds for the replacement property does matter -federal funding of the replacement land is not allowed. · 5) So many variables (e.g. appraisals, haz. mat. site assessments, NEPA compliance, consultations) are involved in accomplishing a conversion that it is hard to estimate the time required, however a period of one year would be about average. 6) There are no federal regulations that specifically deal with conversions under the Federal Lands to Parks Program. The legal parameters include the Federal Property and Administrative Services Act of 1949 (40 USC§550); Federal Management Regulations (41 CFR §102-75); and Federal Lands to Parks program policy. The National Park Service Is not a federal agency with general property disposal authority. Our authority is limited to sponsorship of applicants under the federal surplus property program for parks and recreation purposes. The Act allows us some authority to correct deeds, terms of transfer, etc. to best serve the government's interest and achieve the purposes of the public benefit conveyance program subject to GSA approval. So any conveyance of property rights, Including land exchanges, require GSA's approval. Our process and requirements closely (but not entirely) follow the conversion requirements of the Land and Water Conservation Fund State and Local Assistance Program as specified In 36 CFR §59. I don't think there have been any Land and Water Conservation Fund grants to Upper Point Vicente, so the LWCF policies and procedures (requiring State compliance oversight) do not apply to this process. Please let me know if you need further information. 4 Thanks, David David Siegenthaler Pacific West Region · National Park Se!Vice 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, Sep 23, 2013 at 8:20 AM, Kit Fox <KitF@rpv.com> wrote: Dear Mr. Siegenthaler: As you may recall, we have spoken and e-mailed previously about the City's desire to undertake the conversion of a 5.5-acre portion of Point Vicente Park (LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088) that is subject to the POU~ order to allow the existing and historical agricultural use on this site to be maintained. Thank you for forwarding to me information about the application requirements for conversion this past March. As we begin this process, I have a few question that I hope will assist us in expediting this process: 5 ® 1. The replacement property that the City plans to acquire is at least 58 acres of undeveloped, privately- owned land in the northerly portion of the City. The properties are being acquired for open space, habitat preservation, trails and drainage/flood control purposes. The current terms of the purchase call for the transaction to be complete by the end of 2013. Item Bon the list that you provided on March 14th states that the "[replacement] property: 1) cannot have been previously used as a public park; [and/or] 2) if already owned by the Grantee, it must not have been purchased for the purpose of making it a public park." Given the City's stated purpose of this acquisition listed above (i.e., not a "public park"), if it is acquired by the City before the conversion application is filed and/or completed, would it still be eligible to consideration as replacement property? · 2. Related to Question 1 above, if the replacement property is eventually included as a part of the City's nature preserve at some time after the conversion is. complete, would this invalidate the conversion and/or require NPS or GSA review and concurrence? 3. For the appraisal of the 5.5-acre site to be converted, should the assessment of the fair market value assume that the current use restrictions imposed on the property by the POU are not in place? 4. The acquisition of the replacement property is to be paid for entirely with Federal (Section 6) and Los Angeles County (Measure A) grant funds. Does the source of the funds for the acquisition have any bearing upon whether or not the replacement property is acceptable to NPS for conversion? 5. Can you provide a "ballpark" estimate of the "typical" timeline and duration for a conversion process? 6. Can you please provide us with a copy of the Federal regulations that apply to this conversion? I understand that you will not be back in the office until the 24th. I look forward to your reply when you return. If you have any questions or need additional information, please feel free to contact me at the phone or e-mail listed below. · · Sincerely, 6 .Kit Fox, AICP Senior Administrative Analyst City Manager's OHice 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 . 7 ® From: Sent: To: Cc: Subject: Hi Lenee- Carolynn Petru Tuesday, October 01, 2013 2:16 PM Lenee Bilski Joel Rojas; Kit Fox; Carla Morreale; PlanningCommission; Sharon; CC RE: Malaga Canyon properties -Oct. 1 City Council agenda I'd like to offer some clarifications related to the 2006 consideration of purchasing tax-defaulted property in Malaga Canyon. Please see my comments below in red . Thank you, Carolynn From: Lenee Bilski [mailto:leneebilski@hotmail.com] Sent: Tuesday, October 01, 2013 6:51 AM To: CC Cc: Joel Rojas; Kit Fox; Carla Morreale; PlanningCommission; Sharon; Carolynn Petru Subject: Malaga Canyon properties -Oct. 1 City Council agenda Dear RPV Mayor Brooks and Council members Duhovic, Campbell, Knight and Misetich, Thank you for continuing this item from September 17. Do we want to use federal taxpayer funds to acquire these steep canyon properties and what would be the benefit to the city? In correspondence with Kit Fox, I asked about the City's prior discussion about storm drain control in regards to buying parcels in this Malaga Canyon area: Question: What happened to the city's efforts to purchase Malaga Canyon land for the purpose of storm water runoff control as presented to the City Council last year? Your current summary does not go back that far. Response from Kit Fox : "My understanding from Joel is that the drainage/flood control was never the primary purpose of the Malaga Canyon acquisition" The reply doesn't answer my question of the city's efforts. Although flood control may not be the primary purpose, it was a consideration in the past -but the staffs current summary doesn't mention the past flood control issue. According to city records, in 2006 these same two parcels, APN 7578-002-009, 7578-003-001, were presented to the City Council as tax default properties along with several others for purchase consideration. At that time storm drain access/ repair was presented to the Council as one reason to buy the properties: Q The 2006 report stated "Staff believes that there are several potential public benefits to acquiring the five tax- defaulted parcels in Malaga Canyon: 1. Potential Enhancement of the NCCP 2. Implementation of Public Trails Identified in the Conceptual Trails Plan 3. Access for Storm Drain Repair Projects "Storm water flows down Malaga Canyon from south to north and crosses under Montemalaga Drive via a culvert. 11 11 The Public Works Department has identified both the drainage inlet structure on the large southern parcel (APN# 7578-002-009) and the outlet structure on the northern parcel (APN # 7546-022-008) as needing significant repairs 11 4. Possible Development Site for a City/Community Facility 11 Just to clarify, the possible development site for a City/Community facility I was referring to in the 2006 staff report is the portion of the property located along Montemalaga Drive that is zoned RS-A-5. While it would have been part of the acquisition at that time, this area has been excluded from the currently proposed sale by the property owner. No other portions of the site were considered appropriate for a public facility/building, even though the area near Mossbank Drive is also zoned RS-A-5. Of course, ifthe City had been able to purchase the property in 2006 and wanted to pursue placing a City/Community facility on the site with access from Montemalaga Drive, the General Plan land use designation and zoning would have had to be changed first by the City Council through a public hearing process. ref: http ://www.palosverdes .com/rpv/citycouncil /agendas/2006 Agendas/MeetingDate-2006 -12- 19/open agenda.cfm?id=RPVCCA SR 2006 12 19 16 taxsale ourchase.cfm The zoning and cost at that time was 7578-003-001 1.25 acres $4,130 OH & RS-A-5 7578 -002-009 22.28 acres $41,226 OH & RS5 The same two properties are now before you In 2013 for purchase from private parties for appraisal prices with federal funds: APN 7578-002-009, 7578-003-001 Carolynn Petru recalls that since 2006 the storm drain in this area has been repaired . In my response to Sunshine's email, the storm drain repair I referred to was an emergency repair to a buried storm drain pipe located behind the homes near Mossbank Drive. It was not an identified project in 2006, as the Public Works Department initially expected to be able to clean and make only minor repairs to the subject pipe. It was later determined that the pipe would instead need to be immediately replaced. This project was identified in 2007 and the work was completed in 2008. On the other hand, the potential storm drain project identified in my 2006 staff report concerned an inlet structure on the south side of Montamalaga Drive and a corresponding outlet structure on the north side of the roadway. The inlet/outlet project straddling Montemalaga Drive has not been engineered, funded or completed at this time. Further, the September 4, 2012 staff report regarding a budget adjustment to allow the City to conduct due diligence on the potential purchase of the Malaga Canyon property indicated: "In addition to providing protection to existing habitat, acquisition of (9 this open space would provide access to a drainage facility at the top of a small tributary of the canyon near the terminus of Grayslake Drive that may require future maintenance by the City .... " This storm drain appears to be unrelated to the other two previously mentioned. Please consider and discuss the following issues before you make a decision as to whether or not these properties would be a wise acquisition for the city of RPV: • this land is already zoned Open Space Hazard therefore it is not necessary to buy it to preserve the open space and conserve habitat • a loss of property tax revenue would result if the city buys the properties • the city would be responsible for the cost of annual brush clearance if purchased • if acquired by the city How would the city implement public trails on this steep land? • the city would incur additional costs of making this canyon recreational, and building/maintaining trails if purchased • if owned by the city RPV would have liability for injuries occurring there • if acquired as proposed with Federal grant funds the property would NOT be eligible for consideration for a conversion of the Upper Pt. Vicente farming area. As stated by NPS officer David Siegenthaler - "The source of funds for the replacement property does matter -federal funding of the replacement land is not allowed." • there is no suitable area for a community facility as suggested in the 2006 proposal • the Federal funds available are actually taxpayer's monies -all of us would be paying What recreational use would be possible? Staff does not say. What is the justification for the city assuming the ownership (and expense of upkeep) of these properties if they are already open space and not eligible for development and not useful as conversion property? The city attorney has repeatedly stated that the city cannot build new trails or improve existing trails because of liability concerns. How many of you council members have walked, hiked, or ridden horseback on this property or on the Windport property that is mentioned in the staff report? Perhaps a better use of taxpayer's money via this Federal grant would be in some other place. In March 2013 the Council directed Staff to continue the analysis of the process regarding the conversion of the Upper Pt. Vicente property for continued farming and return with a report at a future Council meeting, but the city made no effort regarding continued farming until September 17 when the public brought up the issue concerning Consent Calendar item F regarding Malaga Canyon properties. Please again direct city staff to work to find a solution for the problem of preserving agricultural land use in RPV and to provide a report at a future Council meeting. As of now, the City is not in compliance with the contract the city signed for the Pt. Vicente properties. I remember seeing from Palos Verdes Drives West and South the acres of flowers and vegetables being grown in RPV. Now there is only the non-compliant lease/ 0 farming at Upper Pt. Vicente. The farming equipment is available, as are eager volunteers. Unfortunately, other than Upper Pt. Vicente, farming is gone. Whatever land that was zoned agricultural in RPV has been re-zoned, and residential land that was leased for farming has been developed by the owners. We have plenty of native habitat. We need to preserve agriculture in RPV. The city's General Plan calls for preserving agricultural land use. So do I. Please make it happen. Thank you for your careful consideration of this matter. Lenee Biiski ref. March 19. 2013 CC Agenda http://www.palosverdes .com/rpv/cityco unci l/agendas/2013 Agendas/MeetingDate-2013 -03 - 19/RPV CCA CC SR 2013 03 19 03 U pper Point Vicente Agricultural Use .pelf From: Sent: To: Cc: Subject: sharon yarber <momofyago@gmail.com> Tuesday, October 01, 2013 8:14 AM cc Carol Lynch <clynch@rwglaw.com>; Carolyn Lehr; gpfost@rpv.com; Joel Rojas Fwd: your letter Dear Mayor Brooks, Mayor Pro Tern Duhovic and Council Members, I am opposed to the acquisition of the properties known as Malaga Canyon. I am very, very familiar with them, having formerly lived on lower Grayslake Road which backs up to the northly parcels, and I drive past both properties daily. There are several reasons why I oppose this. First, this property is essentially worthless. It is a waste of taxpayer money to acquire this land at the prices that have been negotiated. 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 cost and 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 ifthe 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 condemnation if necessary, an easement to take care of whatever drainage issue is posed as the ruse for requiring fee title. Further, the properties currently generate property tax revenues. Once owned by the City the properties will be exempt from tax. Why cut off that source of revenue (albeit relatively small in the scheme of things)? The City Attorney has stated on numerous occasions with respect to the Preserve that the City cannot improve the existing trails or cut new ones without becoming liable for injuries -she states we need to only use the historically used trails that existed when the City acquired the property. So why on earth would staff think these properties could be developed for recreational use? There are no trails of which I am aware in the northerly parcels, and there is no way it is economically viable to build them (and that would fly in the face of the CA's advice anyway). There is one trail on the southerly portion. It is extremely narrow and treacherous. It is rarely used. It is not suitable for family hiking and certainly not suitable for equestrian use. So bottom line is -why pay for open space when you already have it for free, and why lose revenue, increase costs to the City for maintenance and increase liability exposure? What does the JPIA think about this? If the properties are put under management by the Land Conservancy what "habit restoration" will be done and how? Who will attempt to scale these steep slopes to plant native bushes? If any of this property is acquired it should be the developable 7 acres that Dr. Giani wants to retain. That would actually make sense because it would in fact preserve open space and protect the view. If this property could be used for conversion so that the Hitano farming on Upper Point Vicente could continue, that would be another story. But as Mr. Siegenthaler has made clear, if federal funds are used to acquire this property it would not qualify for conversion. So that idea is off the table. Q In the future, before staff undertakes to expend considerable time (at taxpayer expense) negotiating a land purchase, please require that the Council at least tentatively approve the acquisition, subject to approval of the final price. The way this has been handled was putting the cart before the horse. Staff might not be so "overworked" if they didn't wortk on matters not approved by the Council or desired by the residents. Please vote "No" on this matter. Sharon Yarber From: Sent: To: Subject: dena friedson <dlfriedson@gmail.com> Tuesday, October 01, 2013 2:45 PM CC; Joel Rojas; Kit Fox; dena friedson City Council Meeting on 10-1-13 regarding Conversion and Agriculture To: Mayor Susan Brooks and City Council Members Brian Campbell, Jerry Duhovic, Jim Knight, and Anthony Misetich From: Dena Friedson Re: 5.5 Acres of Agriculture on Upper Point Vicente If keeping the 5.5 acres of agriculture on Upper Point Vicente as an outdoor recreational Interpretive Center is of interest to you, the land must be managed by an employee of the City and NOT BE LEASED. When the government shut down is over, please let David Siegenthaler know that the 5.5 acres would not be leased. His focus is on outdoor recreation for the property. From: Sent: To: Cc: Susan Brooks <susanbrooksOl@yahoo.com> Tuesday, October 01, 2013 1:02 PM Nathan Zweizig Subject: Carla Morreale; Carolyn Lehr; Carol Lynch <clynch@rwglaw.com> City Manager Evaluation Dear Nathan, Please include this as late correspondence for tonight's meeting. Thanks, Susan Susan Brooks Mayor, Mediator, Rancho Pal.os Verdes, CA (310) 541-2971 (home) -----Forwarded Message ----- From: Susan Brooks <susanbrooks01@yahoo.com> To: "jerry.duhovic@rpv.com" <jerry.duhovic@rpv.com>; "brian .campbell@rpv.com" <brian.campbell@rpv.com>; Anthony Misetich <anthony.misetich@rpv.com>; Knight <Jim .Kniqht@rpv.com> Cc: Carolyn Lehr <clehr@rpv.com>; "susan.brooks@rpv.com" <susan.brooks@rpv.com>; Carol Lynch <clynch@rwglaw.com> Sent: Monday, September 30, 2013 11 :39 PM Subject: City Manager Evaluation Dear Colleagues, The Mayor Pro Tern and I have discussed the timing/date for the 2013 City Manager's Performance Evaluation, and have concluded (with her concurrence) that it should take place on Tuesday, November 19th. Ms. Lehr will present her 2013 goals and associated results to the City Council three weeks prior her evaluation. You will note that this date is after the election yet before the new Council convenes, as it is entirely appropriate that this Performance Evaluation be conducted/administered by the current Council. The Evaluation will also allow us to address the process of dealing with the end of her contract, which occurs on June 30, 2014. Ms. Lehr received three evaluations and one formal annual Performance Evaluation last year. It is imperative that each Council member be prepared with their comments and written assessment. Last year, all but Councilman Campbell submitted written assessments. The record should be complete and, as such, should include written assessments from each Council member. <D futvre ~~ Thrri.S This and has already been identified as a Future Agenda Item. Please contact me with any question or concerns. Thank you for your cooperation. Susan Brooks Mayor, Rancho Palos Verdes 310/ 707-8787(cell) Susan Brooks Mayor, Rancho Palos Verdes (310) 541-2971 ~ (Sent from my iPad) CrrYOF TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK SEPTEMBER 30, 2013 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached 'are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, October 1, 2013 City Council meeting: Item No. City Manager Report c F,G H M 4 Respectfully submitted, ~~ Carla Morreale Description of Materials Powerpoint Presentation by Marvin Jackmon (SCE) Email from Pat Nave Staff Response to inquiry from Ken Dyda Revised Professional Services Agreement Staff Response to inquiry from Ken Dyda Email exchange between Staff and Lenee Bilski; Email exchange between Staff and Sunshine; Emails from: Eva Cicoria; Dena Friedson W:\AGENDA\2013 Additions Revisions to agendas\20131001 additions revisions to agenda through Monday afternoon.doc Subject: FW: Presentation for 10/1 Meeting Attachments: Rancho Palos Verdes SCE Update Presentation .pdf From: Marvin.Jackmon@sce.com [mailto:Marvin.Jackmon@sce.com] Sent: Monday, September 30, 2013 1:13 PM To: Matt Waters Cc: Susan Brooks; Jim Knight; Jerry Duhovic; Brian campbell; Anthony Misetich; Carolyn Lehr; Nicole Jules; Robert.Quintero@sce.com Subject: Presentation for 10/1 Meeting Matt, Attached is the presentation for the council meeting on Tuesday. Let me know if you have any other questions. Marvin Jackman Southern California Edison Regional Public Affairs Manager, South Bay 310.783.9341 Office 626.388.7460 cell Marvin.Jackmon@sce.com 1 u ·--·-- ·--c SCE's Infrastructure Replacement Plan • Infrastructure Replacement Overview • Why the Need? • Overview of System Components -Poles -Underground cables -Underground vaults -Circuit and Voltage Upgrades • Partnering with You • Questions 2 :..J EDi SO'N· >\.rt ff)f:jO\ f.\Tl f{.\AT1UY4l. t (\lm.-pany hy is SCE Making Improvements Now? • Over the next two years, SCE will invest more than $1 billion to improve its local distribution network. • SCE's system provides power for nearly 14 million people via 4.9 million customer accounts in a 50,000-square-mile service area within Central, Coastal and Southern California. • SCE's customers expect reliable service. To meet their expectations, SCE must consistently monitor, maintain and upgrade its electric system. • SCE's Infrastructure Replacement plan allows for necessary investments to maintain the reliability and safety of the region's power delivery grid today and for the future. 3 ;I;;,\'I EDiSON, An FOJSON Jti;''ffi?NA.TfON.4.l. lo': t'vmp:-my hat Is ''Infrastructure Replacement?'' • It's simply replacing older electric system components including poles, transformers, switches, circuit breakers, capacitors, cables and conductors that make up SCE's distribution and substation system. • SCE routinely inspects, repairs and, as appropriate, upgrades the 1.5 million utility poles and the many thousands of electrical components that make up our system • Over time, every part of SCE's electric grid infrastructure will need to be replaced. Continual inspection and replacement of every grid component is crucial to maintaining a reliable electric distribution and substation system. 4 ~· · I EDi SO'N· An f f)fSO:-V f,\."lf.RN 4. nov.4.1. it c~J11:f>~l1Y hat Kind of Work Will SCE be Doing? • Replacing critical distribution equipment; capacitor banks, switches, and circuit breakers • Building new distribution circuits • Performing street light maintenance • Replacing thousands of utility poles ------ • Replacing several hundred miles of high voltage underground cables • Replacing hundreds of underground structures including vaults and manholes SOlHHERN CAUfOR'<IA EDISON' I I c t • SCE utility poles are required to meet specified design criteria {safety factors) based upon calculated loads resulting primarily from wind and the presence of attached facilities -"pole loading." • Poles age, and other utilities like cable TV companies are permitted to place additional equipment on them. For this and other reasons, it's important that poles be routinely inspected to ensure they continue to meet safety standards. • Pole inspections and assessments will be performed on every pole in SCE's system over the next 7 years, with a goal of replacing 35,000 poles per year through 2022. ,., '] E"DiSON· •\;l ff)i;jf):\; 1r··/l"l-'Nl'•/ArtOY1l. ('pmp.11~y "' 0 0 0 C\I I lac nt • An increasing number of underground cables are now nearing the end of their useful service life. When older cables reach the end of service, the result could be an increase in circuit power outages. • These outages will impact system reliability and customer satisfaction. • SCE's Cable Replacement program identifies the poorest performing circuits and makes improvements, which typically involves replacing each circuit's most risk-significant mainline cable. SOL!HffRN CAUfORMA .......-·EDIS An @!SOS !~"!"l:'ftNATJOXAl.S (vrnpiany ~ Underground vaults and other structures collect water, even when it is not raining. • The vaults collect water run-off, which is often contaminated with substances ranging from motor oil to pesticides. • Over time, the structural integrity of underground vaults deteriorate, making it necessary for repair and/or replacement. It Structures Exposed rebar slab means that loa capacity in this area has been impacted ircuit s • SCE's Worst Circuit Rehabilitation (WCR) program is an ongoing effort to manage system reliability by addressing infrastructure aging. • The objective of the WCR program is two- fold: (1) Minimize the negative impact of infrastructure aging on overall system reliability; and (2) Minimize the duration and frequency of service interruptions experienced by our customers ''\?'':':·'I SOH!Hf.RN (.:AUFORMA ~EDISON' Ao EDISON IN1Ei'/N.1Ti0!1'.1l. '.t z·,,mpm1y rki it u • SCE plans to make system enhancements and upgrades on a planned schedule that has the least amount of impact on your community. • We want to partner with you to identify concerns you might have about our work. And we want to work collaboratively with you to complete all the work in the safest, most efficient manner possible. • We know that there is likely to be some impact to your community as a result of this work, including: Planned outages Construction activities near residents and businesses Traffic disruption and control Increased request for permits • We appreciate your support as we make these needed system improvements that will ensure the delivery of safe, reliable, and affordable power for our customers and your community. ..J f'D'i'SO'N' 11 AnfPISO\ i:\fffr\tT!U\·i.f ~ l.\smp\4;ny ~ V> c 0 ·- u Emergencies: [Power outages and downed power lines] • 1-800-611-1911 General Information: • 1-800-655-4555 Marvin Jackmon Public Affairs Region Manager 310.783.9341 Marvin.Jackmon@sce.com e e rtner Southern California Edison www.sce.com CA Public Utilities Commission www.cpuc.ca.gov I CA Independent System Operator www.CAISO.Com :.J EDi SO'N· An l:f>lSO.\ f:\JTR?'.:·4.T!O"'-'-tl ~1-3:1or-~r.y From: Sent: To: Subject: Kit Fox Friday, September 27, 2013 8:09 AM Teresa Takaoka FW: Fwd: [FWD: ENV-2005-4156-EIR] Late Correspondence on Item Con October 1st. Kit Fox, AICP Cit-y o£Ra.nchoPa.los Verdes (310)544-5226 kitf@rpv.com From: pat nave [mailto:overbid2002@yahoo.com] Sent: Wednesday, September 25, 2013 12:25 PM To: chateau4us@att.net; gcornell6@gmail.com; Kit Fox Subject: Fw: Fwd: [FWD: ENV-2005-4156-EIR] This guy sounds like a hydrologist. Collection of storm water runoff is of course an important issue for the Taper Avenue area but also for how to deal with the riparian area in the project site. My first reaction is that the new design they are proposing is based on the old data referred to in the letter. -----Forwarded Message ----- From: Diana Nave <diananave@gmail.com> To: Ray R <rreg55@hotmail.com>; Raymond Regalado <RRegalado@css.lacounty.gov>; pat nave <overbid2002@yahoo.com> Sent: Tuesday, September 24, 2013 3:48 PM Subject: Fwd: [FWD: ENV-2005-4156-EIR] ----------Forwarded message---------- From: <board@nwsanpedro.org> Date: Tue, Sep 24, 2013 at 3:31 PM Subject: [FWD: ENV-2005-4156-EIR] To: overbid2002@yahoo.com Cc: alison.becker@lacity.org --------Original Message -------- Subject: ENV-2005-4156-EIR From: Bruce Bornemann <bruce@bornemannla.com> Date: Mon, July 29, 2013 5:25 pm To: henry.chu@lacity.org, Board@NWSanPedro.org MR CHU. c PLEASE REFER TO THE STORM DRAIN SECTION OF THE REPORT. THE CONSULTANT TAKES THE EASY WAY OUT AND UTILIZES AN OLD HYDROLOGY REPORT PREPARED BY CITY STAFF. SAID STAFF APPEAR TO HAVE BEEN UNDER "OFFICE PRESSURE" TO GENERATE LOW STORM WATER RUNOFF QUANTITIES TO LOWER THE SIZE AND COST OF THE OF A PROPOSED CITY STORM DRAIN. THIS HAPPENS WHEN FUNDING IS LIMITED. ANY ENGINEER WORTH HIS SALT KNOWS THAT APPROXIMATELY 2.5 TO 3 CUBIC FEET OF WATER PER SECOND PER ACRE IS GENERATED BY A 50 YEAR STORM IN THIS TYPE OF NEIGHBORHOOD. THE OLD STAFF REPORT USED A FIGURE OF ONE CUBIC FOOT PER SECOND PER ACRE. TIME OF CONCENTRATION AND OTHER FACTORS WERE "FUDGED" TO LOWER THE RESULTS. PLEASE HAVE THE CONSULTANT USE MODERN CALCS TO UPGRADE THIS SECTION. IT IS UNLIKELY THAT THE DOWN STREAM STORM DRAINS ARE CAPABLE OF HANDLING THIS LARGER RUNOFF FIGURE. THE J. F. COOPER SCHOOL USED TO EXPERIENCE FLOODING QUITE OFTEN. THEREFORE, PONTE VISTA SHOULD PLAN ON DETAINING SOME OF THIS RUNOFF TO MITIGATE ITS INCREASE THAT IT IS GENERATING OR UPGRADE SOME OF THE DOWNSTREAM DRAINS. THANK YOU From: Ron Dragoo Sent: To: Monday, September 30, 2013 4:46 PM cprotem73@verizon.net Cc: CC; Carolyn Lehr Subject: FW: Oct. 1 meeting agenda Hello Mr. Dyda, please see responses (highlighted below) to the questions you asked this past weekend. Best regards, Ron Dragoo, PE Senior Civil Engineer City of Rancho Palos Verdes .30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 (310) 544-5252 From: Carolynn Petru Sent: Monday, September 30, 2013 3:41 PM To: Ron Dragoo Subject: FW: Oct. 1 meeting agenda From: cprotem 73@verizon.net [mailto:cprotem73@verizon.net] Sent: Saturday, September 28, 2013 11:07 AM To: CC; CityManager Subject: Oct. 1 meeting agenda Some questions on the council agenda. City Council agenda October 1, 2013 1. Consent calendar item F. The storm drain user fee is being used to fund the water quality flood protection program. Has the use of the storm drain user fee been expanded to include projects such as watercourses in canyons as opposed only to the repair replacement of storm drains? 2. Consent calendar item G. Is the storm drain user fee being used for the Mar uerite o South projec 1 3. Register of demands: item 58: Rolling Hills Estates -What is Lake Monitoring -$14 244.81? l/iri!~~~-l~-11~111 tl~!~li~t;fll~1g I ·,;1m11·1»11!1"""'''"''*'"'·.1'%'lil"' • 1,!!,111,,11.1A1.1 • ,,i Item 157: What is HIP ADM? Ken Dyda 2 From: cprotem73@verizon.net Sent: To: Saturday, September 28, 2013 11:07 AM CC; CityManager Subject: Oct. 1 meeting agenda Some questions on the council agenda. City Council agenda October 1, 2013 1."Consent calendar item F. The storm drain user fee is being used to fund the water quality flood protection program. Has the use of the storm drain user fee been expanded to include projects such as watercourses in canyons as opposed only to the repair replacement of storm drains? Is a GIF master plan required for storm drains or is it being used to identify external drainage courses? 2. Consent calendar item G. Is the storm drain user fee being used for the Marguerite open channel in PV drive South project? 3. Register of demands: item 58: Rolling Hills Estates -What is Lake Monitoring -$14,244.81? Item 157: What is HIP ADM? Ken Dyda 1 CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT Whereas, the Municipal Separate Storm Sewer System (MS4) Permit was adopted by the Regional Water Quality Control Board on November 8, 2012. In response, the City of Rancho Palos Verdes has elected to develop an Enhanced Watershed Management Plan (EWMP), including a Coordinated Integrated Monitoring Plan (CIMP), with other agencies having storm water jurisdiction on the Palos Verdes Peninsula (these are known as the Peninsula Agencies). The City of Rancho Palos Verdes (City) will serve as the administrative lead for the purpose of implementing this Agreement. With approval of two Memoranda of Understanding (MOUs) by City Council on August 6, 2013, the City has taken the lead to retain professional services, as set forth herein, on behalf of the City and the other Peninsula Agencies in the development of these programs. TH IS AGREEMENT ("Agreement") is made and entered into this 17th day of September, 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and John L. Hunter and Associates, Inc. (hereafter referred to as "CONSUL TANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows : Development of Enhanced Watershed Management Plan (EWMP) and Coordinated Integrated Monitoring Plan (CIMP) for the Peninsula Agencies, as defined in the two Memoranda of Understanding between the Peninsula Agencies. 1.2 Description of Services CONSULTANT shall: Complete EWMP and CIMP Plans, as described in the CITY's Request For Qualifications, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the R6876-0001 '1 e27Gle§•«11638784v1 .doc Services Page 1 of 11 Agreement for Design Professional terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit A shall control.. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall CONSUL TANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSUL TANT's fault. 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSUL TANT an amount not to exceed four hundred seventy six thousand sixty three dollars ($476,063) for services as described in Article 1. 2.2 Terms of Compensation CONSULT ANT shall submit monthly invoices for the percentage of work completed in the previous month . CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice . CITY agrees to use its best efforts to notify CONSUL TANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULT ANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULT ANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSUL TANT without liability to CONSULTANT upon ten (10) working days advance written notice . 2.3 Additional Services or Reduction of Services R6876-0 001 '192799av11638784v1 .doc Services Page 2 of 11 Agreement for Design Professional CITY may request additional specified work and may reduce the scope of work under this Agreement, if the number of Peninsula Agencies changes during the term of this Agreement. All such changes to the scope of work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSUL TANT shall perform such services, and CITY shall pay for any additional services in accordance with CONSUL TANT's Schedule of Hourly Rates, which is within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on September 17, 2013 and shall terminate on December 31, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification. Hold Harmless. and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSULTANT shall hold harmless and indemnify CITY and the Peninsula Agencies (cons isting of the Cities of Rolling Hill s Estates . Roll ing Hills. and Palos Verdes Estates . LADWP and the LACFCD, and their special districts), and their respective -its--elected and appo inted officers. employees . agent s.effiGials;--efficers , employees,a§eAts and independent contractors serving in the role of GJ.+¥--Agency officials, and designated volunteers (collectively, "lndemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees . expert fees, and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees . expert fees, and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1 (a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the lndemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury R6876-0001 '1€i27Q€HM1638784v1 .doc Services Page 3 of 11 Agreement for Design Professional to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage aris ing from the sole negligence or willful misconduct of the CIT Y or a Pen tnsu la Agency , as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend lndemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's or other named Agency's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1 (b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of lndemnitees. (c) All duties of CONSUL TANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULT ANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSUL TANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement R6876-0001 \1 €i27Q€ia.,.11638784v1 .doc Services Page 4of11 Agreement for Design Professional policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSUL TANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSUL TANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSUL TANT agrees that it will not cancel or reduce any required insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSUL TANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSUL TANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CIT Y and the Peninsula Agencies (consisting of the Cit ies of Rolling Hills Estates. Rolling Hil ls, and Palos Verdes Estates . LADWP and the LACFCD. and their special districts), and their respective its-officers, employees, attorneys, agents and employees designated volunteers as additional insureds. R6876-0001 \1 e27Qe8v11638784v1 .doc Services Page 5 of 11 Agreement for Design Professional 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CIT Y or named Pen insula Agency . The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. 3.9 Sucontractors . .--···--{Formatted: Indent: First line: O" The re quirements of this Article shall apply to any subcontractor hired by Consultant. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.1 4. (b) In the event of termination or cancellation of this Agreement by CONSUL TANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSUL TANT shall be paid compensation for all services performed by CONSUL TANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSUL TANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSUL TANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or R6876-0001 11 @27Q@av11638784v1 .doc Services Page 6 of 11 Agreement for Design Professional dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSUL TANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSUL TANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSUL TANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSUL TANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. R6876-0001 \1 e27Ge§'l11638784v1 .doc Services Page 7of11 Agreement for Design Professional 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Personnel CONSUL TANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSUL TANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSUL TANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSUL TANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 CONSUL TANT's Representations CONSULTANT represents, covenants and agrees that: a) CONSUL TANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSUL TANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. R6876-0001 '1 €i27Ge!i\'11638784v1 .doc Services Page 8of11 Agreement for Design Professional 6.5 Conflicts of Interest CONSUL TANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSUL TANT when there is no allegation that CONSUL TANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6. 7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY R6876-0001 '1 e27Geav11638784v1 .doc Services Page 9 of 11 Agreement for Design Professional provided CONSUL TANT notifies the CITY in advance . 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSUL TANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSUL TANT wishes except as expressly provided in this Agreement. CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents , servants or employees, are in any manner agents, servants or employees of CITY . CONSULTANT agrees to pay all required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSUL TANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article . 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement , including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSUL TANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties . 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the R6B76-0D01 \1 e27Qeav11638784v1 .doc Services Page 10 of 11 Agreement for Design Professional interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver ofTerms. Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSUL TANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSUL TANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Responsible Person: Les Jones, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSUL TANT: Responsible Person: John Hunter Address: 6131 Orangethorpe Ave., Suite 350 Buena Park, California 90270 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of R6876-DDD1 '1 e27Gea•111638784v1 .doc Services Page 11 of 11 Agreement for Design Professional the date and year first above written . Dated: ___________ _ ("CONSULTANT") By:----------- Printed Name : ________ _ Title:------------ By :----------- Printed Name : ________ _ Title:------------ Page 12of11 R6876-0001 \1ll27Qll5v11638784v1 .doc Services Agreement for Design Professional Dated: __________ _ ATTEST: By: __________ _ City Clerk CITY OF RANCHO PALOS VERDES ("CITY") By:----------- Mayor APPROVED AS TO FORM : By:----------- City Attorney Page 13 of 11 R6876-0001 \<1627D61iY'l-1838784v1 .doc Services Agreement for Design Professional Exhibit "A": City's Request For Qualifications Exhibit "A" R6876-DDD1 \13477D4v1 .doc Agreement for Design Professional Services Exhibit "B": Consultant's Proposal and Schedule of Hourly Rates Exhibit "B" R6876-0001 \1347704v1 .doc Agreement for Design Professional Services From: Sent: To: Cc: Subject: Ron Dragoo Monday, September 30, 2013 4:46 PM cprotem73@verizon.net CC; Carolyn Lehr FW: Oct. 1 meeting agenda Hello Mr. Dyda, please see responses (highlighted below) to the questions you asked this past weekend. Best regards, Ron Dragoo, PE Senior Civil Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 (310) 544-5252 From: Carolynn Petru Sent: Monday, September 30, 2013 3:41 PM To: Ron Dragoo Subject: FW: Oct. 1 meeting agenda From: cprotem 73@verizon.net [mailto:cprotem73@verizon.net] Sent: Saturday, September 28, 2013 11:07 AM To: CC; CityManager Subject: Oct. 1 meeting agenda Some questions on the council agenda. City Council agenda October 1, 2013 1. Consent calendar item F. The storm drain user fee is being used to fund the water quality flood protection program. Has the use of the storm drain user fee been expanded to include projects such as watercourses in canyons as opposed only to the repair replacement of storm drains? 2. Consent calendar item G. Is the storm drain user fee bein used for the Marguerite open channel in PV drive South project 1 H. > 11£t'\ Kl 3. Register of demands: item 58: Rolling Hills Estates -What is Lake Monitoring -$14,244.81? Ken Dyda 2 From: Sent: To: Subject: cprotem73@verizon.net Saturday, September 28, 2013 11:07 AM CC; CityManager Oct. 1 meeting agenda Some questions on the council agenda. City Council agenda October 1, 2013 L·Consent calendar item F. The storm drain user fee is being used to fund the water quality flood protection program. Has the use of the storm drain user fee been expanded to include projects such as watercourses in canyons as opposed only to the repair replacement of storm drains? Is a GIF master plan required for storm drains or is it being used to identify external drainage courses? 2. Consent calendar item G. Is the storm drain user fee being used for the Marguerite open channel in PV drive South project? 3. Register of demands: item 58: Rolling Hills Estates -What is Lake Monitoring -$14,244.81? Item 157: What is HIP ADM? Ken Dyda 1 11. From: Sent: To: Cc: Subject: Dear Lenee: Kit Fox Friday, September 27, 2013 8:07 AM L. Bilski; CC SunshineRPV@aol.com; dlfriedson@gmail.com; momofyago@gmail.com; Carol Lynch <clynch@rwglaw.com>;Joel Rojas; jmesorto@cox.net; cicoriae@aol.com RE: Conversion Process for Agricultural Use in RPV Please see my replies to your questions and comments below in bold. This e-mail will be provided to the City Council at "Late Correspondence" regarding the Malaga Canyon acquisition on the October 1st City Council agenda. Sincerely, Kit Fox, AICP City 0£ Rancho Palos Verdes (310) 544--5226 kit£@mv.com From: L. Bilski [mailto:ldb910@juno.com] Sent: Wednesday, September 25, 2013 12:50 PM To: Kit Fox Cc: CC; SunshineRPV@aol.com; dlfriedson@gmail.com; momofyago@gmail.com; Carol Lynch <clynch@rwglaw.com>; Joel Rojas; PlanningCommission; jmesorto@cox.net; momofyago@gmail.com; cicoriae@aol.com Subject: Re: Conversion Process for Agricultural Use in RPV Thank you, Kit. The regulations are on the NPS website at http://www.nps.gov/ncrc/programs/lwcf/manual/lwcf.pdf starting on page 110 Chapter 8 for Conversion info I remember reading those pages 2 years ago regarding lower Pt. Vicente/ Annenberg application after the link. was provided in an NPS letter commenting on the DEIR. These regulations appear to apply to property that was acquired or improved with monies from the Land and Water Conservation Fund (LWCF) grant program, and which is subject to the use restrictions imposed pursuant to Section 6(f)(3) of the LWCF Act. Although these conditions applied to Lower Point Vicente, they do not apply to Upper Point Vicente. Instead, the use restrictions imposed pursuant to the Program of Utilization (POU} would govern. We are still waiting for NPS to provide us with the applicable regulations that govern conversions under these circumstances. Seems the appraisal of the acreage where now there is commercial farming is one required document that the city does not have yet. Glad you're now working to get this appraisal accomplished. We are working on compiling the outstanding items from the list provided by NPS on March 14th of this year. What happened to the city's efforts to purchase Malaga Canyon land for the purpose of storm water runoff control as presented to the City Council last year? Your current summary does go back that far. My understanding from Joel is that the drainage/flood control was never the primary purpose of the Malaga Canyon acquisition. The primary purpose of the acquisition is to conserve habitat since U.S. Fish and Wildlife monies are being granted for the acquisition. However, one of the benefits of the City owning the property is that it would facilitate access to the property if and when the need for storm drain repair in and around the canyon arises. Is there another possible site for the farming activity if it needs to be moved from the current position on Upper Pt. Vicente? And/Or a possible site for the interpretive-demonstration farming area? Perhaps next to Golden Cove Center? Or Windport canyon area? Or does staff have some other possible sites for agricultural use in RPV? The farming equipment has been preserved in working condition, and there are volunteers willing and able to demonstrate farming activity, especially valuable for children to learn. Unfortunately, the city re- zoned the agricultural zone (next to Terranea) in the coastal zone some years ago at the request of a developer. That area remains vacant -on Nantasket Dr. next to Flowerfield Trail -despite city approval of a subdivision there. Staff has not explored alternate locations for agricultural activity because we are focusing on the conversion process to allow it to remain at its current location. The location near the Golden Cove Center--which has been suggested by Sunshine and was identified in the Draft 2004 Parks, Recreation and Open Space Strategic Plan (which was not adopted by the City Council)--would also be inconsistent with the POU, as well as the NCCP and PUMP. Staff has not investigated the suitability of other City-owned properties for agricultural use, but may do so in the future if it appears that the conversion process will not be successful. With respect to the Nantasket Drive property, the owner has recently (i.e., August 2013) filed the final parcel map for the project for approval and eventual recordation. Is there anywhere in the city that is still zoned for agricultural use? If so, where? There is no "Agriculture" zoning district in the City. However, in single-family zoning districts, non-commercial agriculture on up to 1 acre is a permitted use, and commercial agricultural on any acreage or non-commercial agriculture on more than 1 acre is permitted with the approval of a Conditional Use Permit. Is the Windport area suitable for farming? I'm not familiar with that area's geography. I could not comment on the suitability of Windport Canyon for farming from a geographic, geologic or hydrologic standpoint. In addition, site access and compatibility with the surrounding uses will need to be examined if this property is considered as part of a conversion. What conditions/restrictions could the city place on any new acquisitions for open space that would ensure the property could not be sold by the city and developed at some future date? Something to secure open space in perpetuity? Is that possible? My understanding from Joel is that, as a condition of receiving the Federal grant monies to acquire the property, deed restrictions are required to be placed on the property to ensure that it is maintained as open space in perpetuity. These deed restrictions would be in full force and effect regardless of whether the property is enrolled in the City's NCCP Preserve. Please keep me informed. Lenee Q Please note: message attached From: Kit Fox <KitF@rpv.com> To: CC <CC@rpv.com> Cc: "L.Bilski"<ldb910@juno.com>, "Sunshine (SunshineRPV@aol.com)" <SunshineRPV@aol.com>, dena friedson <dlfriedson@gmail.com>, Sharon Yarber <momofyago@gmail.com>, "Carol Lynch <clynch@rwglaw.com>" <clynch@rwglaw.com>, Joel Rojas <JoelR@rpv.com>, Cory Linder <CoryL@rpv.com> Subject: Conversion Process for Agricultural Use at Point Vicente Park Date: Mon, 23 Sep 2013 21:33:51 +0000 One Weird Trick Could add $1,000s to Your Social Security Checks! See if you Qualify ... newsmax.com From: Sent: To: Cc: Subject: Hi Sunshine - Carolynn Petru Monday, September 30, 2013 10:02 AM SunshineRPV@aol.com CC; PlanningCommission; leneebilski@hotmail.com; Carolyn Lehr; Cory Linder; Kit Fox; Joel Rojas; Carol Lynch <clynch@rwglaw.com> RE: Malaga Canyon purchase for active recreation and agriculture Re: Tele message I did a search of City Council agendas this morning going back to 1995. Using the key words "Malaga Canyon" ar-id "Mossbank," I was unable to come up with any items that appeared on a City Council agenda during that time (Regular Session or Closed Session), other than the two I identified in my prior email. The City Attorney also responded back to me that she doesn't recall any other land acquisitions concerning this part of the City. Without furt~er information, I'm afraid I've hit a dead end. Carolynn From: Carolynn Petru Sent: Sunday, September 29, 2013 8:34 AM To: SunshineRPV@aol.com Cc: CC; PlanningCommission; leneebilski@hotmail.com; Carolyn Lehr; Cory Linder; Kit Fox; Joel Rojas; Carol Lynch <clynch@rwglaw.com > Subject: Re: Malaga Canyon purchase for active recreation and agriculture Re: Tele message Hi Sunshine - Thinking back, the only storm drain project I can recall in Malaga Canyon was the emergency repair we did to the Mossbank storm drain in 2007 /2008. As far as I can recall, though, we did this repair, which was quite extensive, without needing to acquire any property. We may have needed to obtain an easement, but I've copied the City Attorney to help fill in the blank there. I also recall the City considered acquiring some of the Malaga Canyon parcels through a tax-default sale in 2006, but the property owner remitted the overdue amount and that sale was cancelled. There would have only been a minimal amount of staff time spent on it, and none by City Attorney, as we didn't get very far in the process. If you can provide me with the date of the closed session reports you are referring to, I can track down more information from there. Carolynn Sent from my iPad On Sep 28, 2013, at 8:43 AM, "SunshineRPV@aol.com" <SunshineRPV@aol.com> wrote: Hi Carolynn, I am not seeing an answer in the October 1, 2013, Item 4 Staff Report nor via email. Scroll on down .... S Subject: Date: From: Reply To: To: Hi Sunshine - Telephone message 9/25/2013 I :32:52 P.M. Pacific Daylight Time Carolynn@mv.com <clip _imageOO l .git>SunshineRPV@aol.com I was in a training session this morning when you called. The question you asked is the same one Lenee included in an email she sent to Kit this afternoon and that you were copied on. Rather than duplicating effort, staff will provide the answer when responding to Lenee's email. Thanks! Carolynn Apparently I need to ask, again. What funding was the City Attorney using and pursuing when asked to facilitate the purchase of some portion of Malaga Canyon for storm water run-off remediation? To be more specific, who authorized Ms. Lynch to consume hours to be paid out of which Fiscal Year Budget line item in pursuit of using what funding source to purchase approx. 18 acres in Malaga Canyon to further comply with the ICLEI inspired Enhanced Watershed Management Plan? This was clearly in the works prior to what Mr. Fox has addressed in the Summary he has provided and his reply to Ms. Bilsky. Money was spent prior to the U.S. Fish and Wildlife Service grant opportunity. The 18 acres has never been at risk for loss of habitat thanks to the Open Space Hazard Zone. The storm drains have been repaired. The unfunded mandate for watershed management was all I saw mentioned in the Closed Session Rep01is. No matter what he says to Mr. Fox, Mr. Rojas cannot change the record. So, when, what, why? ... S Per Kit Fox, My understanding from .Joel is that the drainage/flood control was never the primary purpose of the Malaga Canyon acquisition. The primary purpose of the acquisition is to conserve habitat since U.S. Fish and Wildlife monies are being granted for the acquisition. However, one of the benefits of the City owning the property is that it would facilitate access to the pro11erty if and when the need for storm drain repair in and around the canyon arises. From: Kit Fox Sent: To: Friday, September 27, 2013 10:41 AM Teresa Takaoka Cc: Joel Rojas Subject: FW: Hatano Farm Late Correspondence for Item 4 on October l 5t. Kit Fox, AICP City o£RanchoPa.los Verdes (310) 544-5226 kit£@rpv.com From: cicoriae@aol.com [mailto:cicoriae@aol.com] Sent: Friday, September 27, 2013 10:36 AM To: Kit Fox Subject: Re: Hatano Farm Thank you, Kit, for your prompt reply. Since you are including this in late correspondence regarding the Malaga Canyon land acquisition, I'd like to say that I support the acquisition of those properties under the terms outlined in the Staff Report. Eva -----Original Message----- From: Kit Fox <KitF@rpv.com> To: cicoriae <cicoriae@aol.com> Sent: Fri, Sep 27, 2013 9:57 am Subject: RE: Hatano Farm Dear Ms. Cicoria: We did confirm for Mr. Siegenthaler last November that the existing farm is located within the portion of Point Vicente Park that is subject to the use restrictions imposed by the Program of Utilization (POU) under the Federal Lands to Parks (FLP) program. This e-mail will be provided to the City Council at "Late Correspondence" regarding the Malaga Canyon acquisition on the October 1st City Council agenda. 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 Q From: cicoriae@aol.com [mailto:cicoriae@aol.com] Sent: Friday, September 27, 2013 9:43 AM To: Kit Fox Subject: [PossibleSpam] Hatano Farm Hi Kit, Regarding the 5.5 acres currently being farmed within Alta Vicente Reserve, in a letter from David Siegenthaler to you in November 2012, he asked "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?" I didn't see anything in later corresondence addressing this directly. I assume based on staff reports and subsequent correspondence that this been confirmed, but just thought I'd ask to be sure. Can you confirm? Eva Cicoria From: Sent: To: Subject: dena friedson <dlfriedson@gmail.com> Monday, September 30, 2013 3:58 PM CC; Joel Rojas; Kit Fox; dena friedson City Council Meeting on October 1, 2013 --Conversion and Agriculture To: Mayor Susan Brooks and City Council Members Brian Campbell, Jerry Duhovic, Jim Knight, and Anthony Misitech and To: Joel Rojas and Kit Fox Re: City Council Meeting on October 1, 2013 --Conversion and Agriculture Please vote to accept the federal grant money offered by the USFWS and the WCB for the purchase of open space land in Malaga Canyon. Acquisition of parcels in the Canyon, with the required deed restrictions, will protect important habitat areas and different foraging species. Current recreational activities, such as hiking and horseback riding on trails, will be able to continue. In an e-mail to the City on September 25, 2013, David Siegenthaler made it clear that federal money can not be used to buy replacement land for a conversion. In 2010 Rancho Palos Verdes bought 5.45 acres in Windport Canyon from Los Angeles County in a tax-default sale. Since this acreage is already owned by the City and was not purchased for parkland purposes, it might be approved as a replacement for the 5.5 acres of agriculture on Upper Point Vicente. The conversion process is lengthy. The National Park Service should be asked to agree to allow the working farm to remain for however long it takes for a conversion to be completed. According to an e-mail dated September 20, 2013 sent by Ray Murray of the National Park Service to Lenee Bilski and me, the 5.5 acres of agriculture on Upper Point Vicente might "qualify as outdoor rec use ifit is open to the public and interpreted." A conversion of the 5 .5 acres of agriculture might not be necessary if commercial activities ceased and the acreage was open to the public during established visiting hours. The farm could be managed by Mr. Martinez, or someone else appointed by the City, for a reasonable wage. Volunteers could help, just as they do for the Palos Verdes Nature Preserve and the Lower Point Vicente Interpretive Center. The 5.5 acres could be retained and maintained on the City-owned land as an interpretive historical attraction that many people might want to visit. Rancho Palos Verdes could apply for non-federal grants to continue the cultivation of the healthy drought resistant crops, which could be donated as food to charitable organizations. Please approve acceptance of the USFWS and the WCB grants for the purchase of parcels in Malaga Canyon before the November deadline. Also, please investigate the NPS requirements for keeping the 5.5 acres of agriculture on Upper Point Vicente. Thank you. 1