G - Grant Documents for Filiorum, Portuguese Bend, and Malaga Canyon Reserves
Grant Documents
for Filiorum Reserve
G-1
STATE OF Ci~LIFORNIA e
. SfAND~RD AGREEMENT
Std. 2 (Grant-Rev 08/08)
THIS AGREEMENT, made and entered into this day of 2009
AGREEMENT NUMBER
09-004
TAXPAYERS FEDERAL EMPLOYER
IDENTIFICATION NO .
95-2867872
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
AGENCY
I AM .NO •
TITLE OF OFFICER ACTING FOR STATE
Executive Officer
GRANTEE'S NAME
City of Rancho Palos Verdes
State Coastal Conservancy , hereafter called the Conservancy, and
, hereafter called the Grantee.
The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed,
does hereby agree as follows:
SCOPE OF AGREEMENT
Pursuant to Chapter 8 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the
Conservancy") hereby grants to the City of Rancho Palos Verdes ("the grantee") a sum not to exceed $5,500,000
(five million five hundred thousand dollars), subject to the terms and conditions of this agreement. The grantee
shall use these funds to acquire approximately 160.5 acres of real property known as the Upper Filiorum property
(consisting of Assessor's Parcel No. 7581-023-029 and a portion of Assessor's Parcel Number 7581-023-034)
(collectively referred to here as "the real property"), located in Los Angeles County, State of California and
depicted on Exhibit B as the Filiorum Parcel, which is incorporated by reference and attached.
The real property is being acquired for habitat and resource protection, open space preservation, and (to the extent
compatible with habitat and resource protection) public access (''the acquisition purposes.)"
(Continued on following pages)
The provisions on the following pages constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
AGENCY
State Coastal Conservanc
BY (Authorized Slgn•ture)
~
PRINTED NAME AND Tl LE OF PERSON SIGNING
Samuel Schuchat, Executive Officer
ADDRESS & PHONE NUMBER
1330 Broadway, 13th Floor
Oakland, CA 94612 Phone: 510) 286-1015
AMOUNT ENCUMBERED BY
THIS DOCUMENT
GRANTEE
L
ADDRESS
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
FUND TITLE
Phone: (31 0 544-5205
$5,500,000.00
Safe Drinkin Water... I certify that lhis agreement
t-:;~=-;;;;;.,....;.....-L-----------'--~:....::..~:.:..___..,__~..:...;.;.~-1 is exempt from Department
PRIOR AMOUNT
ENCUMBERED FOR THIS
AGREEMENT
$-0-
TOTAL AMOUNT
ENCUMBERED TO DATE
$5,500,000.00
er Filiorum
3 760-301-6051 (2)(E)
OBJECT OF EXPENDIT URE (CODE AND TITLE)
Ac uisition
CHAPTER STATLITE FISCAL YEAR
171 2007 07/08
1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the
expen itu steted above.
0 PROJECT MANAGER 0 STATE AGENCY
of General Services
approval.
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o9;004 City of Rancho Palos .des
Grant Agreement No. 09-004
Page2
SCOPE OF AGREEMENT (Continued)
The grantee shall provide any funds beyond those granted under this agreement which are
needed to complete the acquisition of the real t property.
CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT
The grantee shall not acquire the real property and the Conservancy shall not be obligated to
disburse any funds under this agreement until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution authorizing the execution of this
agreement and approving its terms and conditions.
2. The Executive Officer of the Conservancy ("the Executive Officer") has reviewed and
approved in writing:
a All title and acquisition documents pertaining to acquisition of the real property,
including, without limitation, an appraisal, a preliminary title report, agreement for
purchase and sale, escrow instructions, environmental documentation or hazardous
materials assessment, and intended instruments of conveyance
b A plan for the installation of signs on the real property as provided in the "SIGNS"
section, below.
c A signed and acknowledged Irrevocable Offer to Dedicate Title in Fee, approved by the
Executive Officer, that serves to permanently dedicate the property for the acquisition
purposes. This instrument shall be recorded concurrently with the instrument conveying
title to the real property to the grantee.
3. The purchase price of any interest in land purchased under this agreement may not exceed
fair market value as established by the approved appraisal.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all "CONDITIONS PRECEDENT TO ACQUISITION
AND DISBURSEMENT" have been fully met, the Conservancy shall disburse funds, not to
exceed the amount of this grant, as follows:
The purchase price, plus closing costs consisting of escrow, recording and title insurance
fees, to the extent not included in the purchase price, shall be disbursed d irectly into an
escrow account established for the acquisition.
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Grant Agreement No. 09-004
Page 3
COSTS AND DISBURSEMENTS (Continued)
The grantee shall request disbursement for the acquisition by sending a letter to the Conservancy.
The grantee shall include in the Jetter the name and address of the grantee, the number of this
agreement, the date and amount to be disbursed, and a description of the items for which
disbursement is requested. Additionally, the letter shall include the name, address and telephone
number of the title company or escrow holder and the escrow account number to which the funds
will be disbursed. The letter shall be signed by an authorized representative of the grantee.
Failure to send the required letter will relieve the Conservancy of its obligation to disburse funds.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and received
in the offices of the Conservancy together with the resolution described in "CONDITIONS
PRECEDENT TO ACQUISITION AND DISBURSEMENT" section of this agreement. An
authorized representative of the grantee shall sign the first page of the originals of this agreement
in ink.
The term ofthis agreement shall run from its effective date through December 31, 2029 ("the
termination date").
COMPLETION DATE
The grantee shall complete acquisition of the real property no later than December 31, 2009,
("the completion date").
Prior to the completion date, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
If the Conservancy terminates prior to the completion date, the grantee shall take all reasonable
measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for
any reasonable and non-cancelable obligations incurred by the grantee in the performance of this
agreement prior to the date of the notice to terminate; but only up to the unpaid balance of
funding authorized in this agreement.
AUTHORIZATION
The signature of the Executive Officer on the first page of this agreement certifies that at its
September 24, 2009 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit A. This agreement is executed under that authorization.
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OQ-004 City of Rancho Palos-rdes
Grant Agreement No. 09-004
Page4
Standard Provisions
ESSENTIAL PROVISIONS OF OFFER TO DEDICATE
The Irrevocable Offer to Dedicate Title in Fee by which the grantee permanently dedicates the
property for public or conservation purposes shall include the following essential provisions:
1. The real property was acquired by the grantee with a grant of funds from the State Coastal
Conservancy, an agency of the State of California, for the purposes of habitat and resource
protection, open space preservation, and (to the extent compatible with habitat and resource
protection) public access No use of the real property inconsistent with these purposes is
permitted.
2. Mitigation. Without the written permissionofthe Executive Officer, the grantee shall not
use or allow the use of any portion of the real property for mitigation (in other words, to
compensate for adverse changes to the environment elsewhere. In providing permission, the
Executive Officer may require that all funds generated in connection with any authorized or
allowable mitigation on the real property shall be remitted promptly to the Conservancy.
3. The real property (including any portion of it or any interest in it) may not be used as security
for any debt without the written approval of the State of California, acting through the
Executive Officer of the Conservancy, or its successor.
4. The real property (including any portion of it or any interest in it) may not be transferred
without the approval of the State of California, through the Executive Officer of the
Conservancy, or its successor.
5. The grantee is obligated to use, manage, operate and maintain the real property as described
in the "USE, MANAGEMENT, OPERATION AND MAINTENANCE" section of
California State Coastal ConserVancy Grant Agreement No. 09-004, as it may be amended
from time to time.
6. The Conservancy shall have reasonable access to the real property to monitor compliance
with the essential provisions stated above.
7. If the existence of the grantee ceases for any reason or if any of the essential provisions
stated above are violated, al1 of the grantee's right, title and interest in the real property shall
automatically vest in the State of California for the benefit ofthe Conservancy or its
successor, upon acceptance of the real property and approval of the State Public Works
Board. However, the State, through the Executive Officer of the Conservancy, or its
successor, may designate another public agency or a nonprofit organization to accept the
right, title and interest, in which case vesting shall be in that agency or organization rather
than in the State.
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o9.-oo4 City of Rancho Palos,rdes
Grant Agreement No. 09-004
Page 5
-·ESSENT-IAL-PROVISIONS-OF OFFER TO DEDICATE (Continued)
8. The grantee shall promptly notify the Conservancy of any eminent.domain (public taking)
proceeding affecting the real property, or any portion of it, and shall continuously provide the
Conservancy with copies of all relevant documents. If the grantee receives any "just
compensation" payment as a result of the proceeding, whether by agreement of the parties or
by court order, then the grantee shall promptly pay to the Conservancy a share of the
proceeds proportionate to the Conservancy's contribution towards the purchase price of the
real property.
9. The offer is irrevocable.
SIGNS
The grantee shall install and maintain one or more signs visible from the nearest public roadway
identifying the real property, acknowledging Conservancy assistance and displaying the
Conservancy's logo and directing the public to the real property. The Conservancy shall provide
to the grantee specifications for the signs. The grantee may incorporate the required information
into other signs as approved by the Executive Officer. In special circumstances, where the
placement of signs or the general specifications are inappropriate, the Executive Officer may
approve alternative, more appropriate methods for acknowledging the sources of funding. The
grantee shall submit plans describing the number, design, placement and wording of the signs, or
the specifications of a proposed, alternative method.
USE. MANAGEMENT. OPERATION AND MAINTENANCE
The grantee shall use, monitor, manage, operate and maintain the real property in a manner
consistent with the acquisition purposes. The grantee further asswnes all monitoring,
management~ operation and maintenance costs associated with the real property, including the
cost of ordinary repairs and replacements of a recurring nature, and costs of enforcement of
regulations. The Conservancy shall not be liable for any costs of monitoring, management,
operation or maintenance. The grantee shall refrain from developing or otherwise using any
other property it owns or controls near the real property in a manner that interferes with or
inconveniences the use, management, operation or maintenance of the real property or detracts
from the acquisition purposes. The grantee may be excused from its obligations for
management, operation and maintenance only upon the written approval of the Executive Officer
of the Conservancy or its successor.
Mitigation. Without the written permission of the Executive Officer, the grantee shall not use or
allow the use of any portion of the real property for mitigation (in other words, to compensate for
adverse changes to the environment elsewhere). In providing permission, the Executive Officer
may require that all funds generated in connection with any authorized or allowable mitigation
on the real property shall be remitted promptly to the Conservancy.
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Grant Agreement No. 09-004
Page6
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages or costs, including,
without limitation litigation costs and attorneys fees resulting from, growing out of, or in any
way connected with or incident to this agreement, except for active negligence of the
Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save
hannless includes the duty to defend as provided in Civil Code Section 2778. This agreement
supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and
contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents or employees, for any liability resulting from,
growing out of, or in any way connected with or incident to this agreement.
AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, "records")
relating to th.is agreement, in accordance with the guidelines of "Generally Accepted Accounting
Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The
records shall include, without limitation, evidence sufficient to reflect properly the amount,
receipt, deposit, and disbursement of all funds related to the acquisition, use, management,
operation and maintenance of the real property. The grantee shall maintain adequate supporting
records in a manner that permits tracing of transactions from the request for disbursement forms
to the accounting records and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to
performance of the agreement. The grantee shall provide the Conservancy or its agents with any
relevant information requested and shall permit the Conservancy or its agents access to the
grantee's premises upon reasonable notice, during normal business hours, to interview
employees and inspect and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the records related to the acquisition for three years following the date of
final disbursement for the acquisition by the Conservancy. All other records shall be retained by
the grantee for three years following the later of final payment and the final year to which the
records pertain . The records shall be subject to examination and audit by the Conservancy and
the Bureau of State Audits during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms appJicable to all subcontractors.
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Grant Agreement No. 09-004
.Page 7
AUDITS/ ACCOUNTING/RECORDS (Continued)
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
NONDISCRIMINATION CLAUSE
During the performance of this agreement, the grantee and its contractors shall not unlawfully
discriminate against, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, ethnic group
identification, physical disability (including HIV and AIDS), mental disability, medical
condition, marital status, age (over 40) or sexual orientation (Government Code section 12940).
The grantee and its contractors also shall not unlawfully deny a request for or take unlawful
action against any individual because ofthe exercise of rights related to family-care leave
(Government Code sections 12945.1 and 12945.2). The grantee and its contractors shall ensure
that the evaluation and treatment of their employees and applicants for employment are free of
such discrimination, harassment and unlawful acts.
Pursuant to Government Code section 12990, the grantee and its contractors shall comply with
the provisions of the Fair Employment and Housing Act (Government Code section 12900 et
seq.) and the applicable regulations (California Code of Regulations Title 2, section 7285.0 et
seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor
Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 ofthe California Code of
Regulations) are incorporated into this agreement by this reference.
The grantee and its contractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement. This
nondiscrimination clause shall be included in all contracts and subcontracts entered into to
perform work provided for under this agreement.
INDEPENDENT CAPACITY
The grantee, and the agents and employees ofthe grantee, in the performance ofthis agreement,
shall act in an independent capacity and not as officers or employees or agents of the State of
California.
ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this agreement
in whole or in part.
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Grant Agreement No. 09-004
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TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have authority
to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer
shall notify the grantee of the designation in writing.
AMENDMENT
No change in this agreement shall be valid unless made in writing and signed by the parties to
the agreement. No oral understanding or agreement not incorporated in this agreement shall be
binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
G-9
COASTAL CONSERVANCY
Staff Recommendation
September 24, 2009
RANCHO PALOS VERDES NCCP:
UPPER FILIORUM ACQUISITION
File No. 05-071-02
Project Manager: Bob Thiel
RECOMMENDED ACTION: Modification of prior Conservancy authorization to disburse up
to $5,500,000 to the City of Rancho Palos Verdes to acquire 160.5 acres of the Upper Filiorum
Property to help implement the City's Natural Communities Conservation Plan.
LOCATION: City of Rancho Palos Verdes, Los Angeles County
PROGRAM CATEGORY: Reservation of Significant Coastal Resource Areas
EXHIBITS
Exhibit 1: September 25. 2008 staff recommendation
Exhibit 2: Aerial photo of Filioru.m and Donation Tracts
Exhibit 3: Site map
Exhibit 4: Filiorum and Donation Tract boundaries
Exhibit 5: Location ofFiliorum Tract within Landslide Moratorium Area
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31350-31356 ofthe Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
$5,500,000 (five million five hundred thousand dollars) to the City of Rancho Palos Verdes to
acquire approximately 160.5 acres of the Upper Filiorum Property known as the Filiorum Tract
(consisting of Los Angeles County Assessor Parcel Number 7581-023-029 and a portion of APN
7581-023-034) on the Palos Verdes Peninsula in Los Angeles County to protect significant
coastal resource areas. This authorization is subject to the following conditions:
1. Prior to the disbursement of funds for acquisition, the City of Rancho Palos Verdes
(the City) shall submit for the review and approval of the Executive Officer of the
Conservancy all relevant acquisition documents, including but not limited to the
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IXH1HlT A G-10
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UPPER FILIORUM ACQUISITION
appraisal, environmental assessments, agreement of purchase and sale, escrow
instructions, and documents of title necessary to the acquisition .
. -· .
2. The City shall pay no more than fair market value for the property.
3. The City shall permanently dedicate the property for habitat and re~ource protection,
open space preservation, and public acce:ss (to the extent compatible with habitat and
resource protection) in a manner acceptable to the Executive Officer.
4. The City shall ackriowledge Conservancy funding by erecting and maintaining on the
Filiorum Tract, or at another approved location, a sign that has been reviewed and
approved by the Executive Officer.
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed authorization is consistent with the purposes and objectives of Chapter 8 of
Division 21 ofthe Public Resources Code (Sections 31350-31356) regarding reservation of
significant coastal resource areas.
2. The proposed authorization is consistent with the current Project Selection Criteria and
Guidelines."
PROJECT SUMMARY:
This project would provide funds to the City ofRancho Palos Verdes (the "City) to acquire
approximately 160.5 acres of the Upper Filiorum property (the "Filiorum Tract") in order to
implement the City's Natural Communities Conservation Plan. As part of the transaction , the
seller will donate the remaining 29.4 acres of the Upper Filiorum property (the "Donation
Tract"), resulting in conservation of 190 acres of undeveloped property on the Palos Verdes
Peninsula for habitat and open space preservation and limited compatible public access.
On September 25, 2008, the Conservancy authorized a grant of up to $5.5 million to the City to
enable it to purchase the entire 190-acre Upper Filiorum Property, as well as an adjacent 27-acre
site , known as the Plumtree property, for which the City held an option to purchase (see Exhibit
1). The state's funding crisis and resulting freeze on state bond funds, however, prevented the
City from closing on either acquisition by the March 30, 2009 deadline imposed in its original
purchase and sale agreement. The City has now renegotiated the acquisition with the seller.
Although the City has lost the opportunity to purchase the Plumtree property, its new agreement
with the seller allows the City to acquire, through purchase and donation, the entire Upper
Filiorum property at a savings of $2.7 million over the purchase price in its earlier agreement.
The current project would involve the City's purchase of 160.5 acres of the Upper Filiorum
property, consisting of Los Angeles County Assessor Parcel Number 7581-023-029 and a
portion of APN 7581-023-034, outlined on Exhibits 2 and 4 as "the Filiorum Tract." The
purchase price for that acreage will be $6.5 million. The Filiorum Tract is located on the hillside
above Palos Verdes Drive South and owned by the seller, York Long Point Associates, L.P.
Simultaneously with the close of escrow on the City's purchase, the seller would donate to the
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City the Donation Tract, the remaining 29.4 acres of the Upper Filiorum property, which consists
of APN 7572-002-022 and a portion of APN 7581-023-034. In return, the seller would receive
certain mitigation credits for the potential residential development of an adjacent property that is
located outside of the City's NCCP Preserve.
The Filiorum Tract is located below the southern end of Crenshaw Boulevard. The Donation
Tract is located southeast of the Filiorum Tract, near Plumtree Road and Cinnamon Lane (see
Exhibits 2 and 3). Be~use of severe slopes, about 107 acres total ofboth Tracts is zoned Open
Space Hazard, a designation that generally permits only limited recreational use without
permanent structures. The balance of each Tract is zoned residential: about 70 acres total of both
Tracts is zoned RS-1 (one unit per one-acre lot), while the remaining 13 acres is zoned RS-2
(which permits two residences per one-acre lot).
The revised project differs from the previously approved project in both the amount of acreage
that the City would acquire for inclusion in the Palos Verdes Nature Preserve and the price it
would pay to acquire the Upper Filiorum site. The project that was originally reviewed by the
Conservancy a year ago involved the City's outright purchase of the entire Upper Filiorum
property for $9.2 million, along with its option to purchase the smaller Plumtree property for
$3.0 million. This staff recommendation updates the previous Conservancy authorization to
reflect the revised transaction.
As with the earlier project, this acquisition would connect two reserve components of the City's
Palos Verdes Nature Preserve (the Preserve), a 1,400-acre preserve that is being assembled under
a plan being prepared under the state's Natural Communities Co nservation Planning (NCCP)
Act. (See the maps and photos attached as exhibits to Exhibit I). The Upper Filionun property
would link the Three Sisters Reserve on the west with the Portuguese Bend Reserve to the east
and provide a critical linkage between habitats that support the California gnatcatcher, Palos
Verdes blue butterfly, and other special status species. Upper Filiorum is the last major segment
of private property for acquisition and inclusion in the Preserve under the City's draft NCCP
plan. The plan originally identified Upper Filiorum, the 423-acre Portuguese Bend (or Hon)
property, and the 43-acre Agua Amarga Canyon parcel as the major private lands to be
purchased for the Preserve. The latter two properties were both acquired by the City in 2005,
with Coastal Conservancy and other funding.
The City would acquire and own the 190 acres of the Upper Filiorum Property and add it to the
Preserve. Concurrently with the acquisition, the City would grant a conservation easement over
the property in favor of the Palos Verdes Land Peninsula Land Conservancy (PVPLC), which
has entered into an interim agreement with the City to manage the Preserve. The conservation
easement would identify the California Department of Fish and Game as a third party beneficiary
to enforce the provisions of the easement.
The City and the owner of the Upper Filiorum property have entered into a purchase and sale
agreement, under which the City is to purchase the Filiorum Tract for $6.5 million and the seller
will donate the Donation Tract to the City in return for certain mitigation credits on the potential
development of adjacent property. In addition to the proposed Conservancy funding for this
project, the City will contribute $600,000 for the acquisition, with the $409,000 balance of the
purchase price provided by the Palos Verdes Peninsula Land Conservancy and private donors
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EXHIBIT A G-12
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UPPER FILIORUM ACQUISITION
(See the "Project Financing" section below).
The September 25, 2008 staff recommendation (Exhibit 1) outlines the development ofthe City's
NCCP Preserve program, as weJI as the legal basis for that effort. It also describes the Upper
Filiorum site and envirorunental setting, as well as the habitats and ecological communities that
the City and its partners are seeking to conserve through this acquisition. The following section
describes the changes to the project and the circumstances that generated them.
SUPPLEMENTAL PROJECT HISTORY
Within weeks after the Conservancy authorized funding for the Upper Filiorum and Plumtree
acquisitions last September, two events altered the dynamics of the project. The first was a court
decision invalidating certain land-use restrictions on the Palos Verdes Peninsula. The second
was the State's freeze on bond funding.
The Monks decision:
The Portuguese Bend section of the Palos Verdes Peninsula has an extensive history of unstable
soil conditions, active landslides and other mass movement. In 1978, the City adopted a
moratorium on the construction of new homes in the vicinity of a recent landslide, but
estabHshed a process to allow owners of undeveloped lots to seek an exclusion from the
moratorium. At the suggestion of the City's geologist, the City divided the moratorium area into
eight separate zones, which differ in their geologic stability and in their proximity to active
landslide areas. Zone 1 ---in which the Upper Filiorum and Plumtree properties are located---
consists of 550 acres at the top of the moratorium area and was characterized by the City's
geologist in 1993 as one "unaffected by large historic landslides ... " Located below Zone I is
Zone 2: 130 acres that he similarly described as "unaffected by large historic landslides." In
contrast, the remaining zones located to the south and east of Zones 1 and 2 encompass the areas
of active or recent landslide activity (see Exhibit 5).
In 2002, the City amended the moratorium ordinance to clarify the geologic standard that must
be satisfied for a landowner to develop property within any of the Zones. Several owners of
residentially-zoned vacant lots in Zone 2---some of whom had been waiting decades for approval
to build homes on their properties---then sued the City, alleging inverse condemnation under the
takings clause of the California constitution. After five years of litigation that included two trial
court decisions and an intervening appellate court ruling, the Second District Court of Appeal
found for the property owners, concluding that the City's moratorium deprived them of all
economically beneficial use of their property and as a result constituted a permanent taking.
[Monks v. City of Rancho Palos Verdes, 167 Cal.App 4th 263, 84 Cal.Rptr.3d 75 {2008).]
The lower court had held that the City's ordinance was reasonable on several grounds, but the
Court of Appeal disagreed. The trial court had found that the moratorium was not "permanent,"
since the plaintiffs could have sought an exclusion from the moratorium through the city's
administrative process, albeit only by proving the stability of geologic conditions across all of
Zone 2 through extensive (and extremely expensive) geotechnical studies . The appellate court
said such an exercise was futile, since "the plaintiffs should not be required to pay between
$500,000 and $1 million to conduct a study in an attempt to prove what the city would not
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EXHIBIT~ G-13
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UPPER FILIORUM ACQUISITION
believe." The trial court had also held that City was justified under state nuisance law in
responding to the risk of significant land movement by restricting development in the
moratorium area. But the Court of Appeal said that for the City to prevail on those grounds, it
would have had to demonstrate that the construction of homes on plaintiffs' lots would pose a
significant harm to persons or property, which the City had failed to do.
Block glides, such as those on the Palos Verdes Peninsula, the Court of Appeal said, are "large
blocks of earth that mave slowly along a single plane" and generally present no risk of hann to
people. According to the Court of Appeal, the City had not argued that construction on
plaintiffs' lots was likely to damage the property of others or to cause a block glide by
weakening the stability of Zone 2. The Court of Appeal also found that the evidence at trial
failed to establish a reasonable probability of personal injury or property damage, other than the
possibility that the homes the plaintiffs wanted to build could be damaged in the distant future-
damage that could then be repaired. The appellate court noted that the City's own conduct in
approving additions to existing homes in Zone 2 from 1988 to 2005 was inconsistent with its
assertion that construction on the plaintiff's lots would be detrimental to public safety. As a
consequence, the Court of Appeal said, '[t]he risk of property damage and personal injury ... is
not sufficient in any practical sense to justify applying the moratorium to plaintiffs' lots."
Although the City appealed the decision ofthe Court of Appeal, the Supreme Court of California
declined_1Qleview it.
The Monks decision had immediate implications for the City's proposed acquisition of the Upper
Filiorum and Plumtree properties. First, it called into question the development potential of
property located within the moratorium area, which had usually been considered to be severely
limited. By doing so, it also called into question assumptions about the value of that property.
Second, the Monks decision caused the seller of the Upper Filiorum and Plumtree properties,-
York Long Point Associates L.P ., to reevaluate the economic wisdom of selling the Plumtree
property to the City for inclusion in the Preserve. If the moratorium ordinance constituted a
permanent taking as applied to property within Zone 2, then it seemed likely that a court would
apply a similar reasoning to property within Zone 1, further removed from any known historic
landslide activity, where the Upper Filiorum and Plumtree properties were both located.
The State bond freeze
On December 18, 2008 (a day after the state Supreme Court declined to review the Monks
decision) the state Department of Finance issued a budget letter (08-33) directing all state entities
with expenditure control over bond-funded programs to suspend projects funded with state bond
monies and to "cease authorizing any new grants or obligations for bond projects, including new
phases for existing projects." That order effectively froze or blocked much of the funding which
the City was relying on to buy the Upper Filiorum and Plumtree properties.
As the September 25, 2008 staff recommendation outlines, the City had planned to use not only
the Coastal Conservancy grant, but also $2.0 million in USFWS funds from the Wildlife
Conservation Board to help fund the acquisitions. The budget letter directive froze the Coastal
Conservancy's contribution; it also prevented the WCB (which had not yet authorized its
funding) from considering its grant to the City. The bond freeze thus created a serious dilemma
for the City: its purchase and sale agreement with the seller required the City to close on the
Page 5 of 10
EXHIBIT j G-14
e
UPPER FILIORUM ACQUISITION
purchase by March 30, 2009. But with state funds frozen, the only alternatives available were
foundation and other private monies , which the City and the PVPLC weren't able to raise in
time. When the purchase and sale-agreement expired, the selJer withdrew both its offer to sell
the Upper Filiorum property to the City for $9.2 million, as well as the City's option to purchase
the Plumtree property for $3.0 million.
After failing to close on the acquisitions by March 30, the City began a new round of discussions
with the seller to secure a feasible alternative to the original project. By that time, the seller had
concluded that, in light of the Monks decision, it could probably obtain development entitlements
on the Plumtree lots and as a result, the value of those lots was much greater than the $3.0
million for which it had previously offered to sell the property to the City. The City ultimately
concluded that the seller's new asking price for the Plumtree property greatly exceeded the
property's potential habitat value for the Preserve. And so the parties focused instead on
renegotiating a new agreement for only the Upper Filiorurn propeny .
The revised purchase and sale agreement
The City and the seller have negotiated a new agreement under which the City is to purchase the
160.5-acre Filionun Tract for $6.5 million on or before December 31,2009. At the closing, the
seller will then donate to the City the 29.4 acre Donation Tract. The seller, which has filed an
application with the City for residential development on the Plumtree property, will then be
credited with mitigation for the loss of potential habitat as a result of any such development. The
City, DFG and USFWS have evaluated the amount of coastal sage scrub and grassland habitat
that would be lost if the Plumtree property were completely developed and have determined that
the dedication of the 30-acre Donation Tract would fully mitigate for the loss of habitat present
on the Plumtree property. The terms of the purchase and sale agreement provide that the selJer
would not be required in the future to donate additional land or money for conservation purposes
to compensate for the loss of habitat on the Plumtree property as a result of its development.
Because the seller's permit applications are subject to discretionary review, however, the
agreement is not a guaranty that York Long Point will be allowed to develop the Plumtree
Property or that the City would not require any additional mitigation or dedication of land for
other purposes, such as conditioning seller's project on installation of a new fire access road.
The parties have also had the Upper Filiorum property reappraised as of June 30, 2009. The
appraisal includes the agreed and supportable assumption that the reasoning in the Monks
decision would extend and apply to properties within Zone 1 (which is further distant from
historic landslide activity) and, as a result, permit a landowner to pursue development approvals
under the City's standard discretionary-review processes.
PROJECT FINANCING:
Coastal Conservancy
City of Rancho Palos Verdes
Palos Verdes Peninsula Land Conservancy and
private donations
Total project cost
Page 6 of 10
$5,500,000
600,000
400,000
$6,500,000
kXHJKI't A G-15
UPPER FILIORUM ACQUISITION
The anticipated source of funds for this project is an appropriation to the Conservancy from
Proposition 84---the Safe Drinking Water, Water Quality and Supply, Flood Control River and
Coastal Protection Bond Act of2006 (Public Resources Code Sections 75001 et seq). Consistent
with the purposes specified in Section 75060 of that bond act, the acquisition of the Upper
Filiorum property would protect natural habitat values of coastal lands on the Palos Verdes
Peninsula, as well as promote access to and enjoyment of the coastal resources of the state.
In evaluating acquisition projects for the purpose of natural resource protection under
Proposition 84, the Conservancy is directed by Section 75071 of the bond act to give priority to
projects that meet one or more of the five criteria specified in Section 75071. Acquisition of the
Upper Filiorum property by the City would meet at least three of those criteria:
I. "Properties that link to, or contribute to linking, existing protected areas with other
large blocks of protected habitat. .. " [§7507l(a)]. As discussed above, the acquisition of the
Upper Filiorum site would provide the necessary connection between the 98-acre Three Sisters
Reserve with the 423-acre Portuguese Bend Reserve.
2. "Properties that support relatively large areas of under-protected major habitat types"
[§7507l(c)]. The proposed acquisition would help protect an important segment of coastal sage
scrub, an ecological community whose losses in Southern California have exceeded 90 percent
of its original extent.
3. "Properties for which there is a non-state matching contribution toward the acquisition,
restoration, stewardship or management costs." [§7507l(e)]. As shown above, the local and
private contribution towards these acquisitions would represent more than 15 percent of the
purchase price.
As also mandated by Section 75071(f) of the bond act, Conservancy staffhas submitted to the
Resources Agency, and has posted on the Conservancy's website, an explanation of how the
proposed acquisitions meet the criteria established in Section 75071.
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
As discussed in the earlier staff recommendation (Exhibit 1 ), funding for the acquisition of the
Upper Filiorurn property is consistent with Chapter 8 of the Conservancy's enabling legislation,
Division 21 of the Public Resources Code (Sections 31350-31356), regarding reservation of
significant coastal resource areas.
CONSISTENCY WITH CONSERVANCY'S 2007
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
The proposed project would be consistent with the goals and objectives of the Conservancy's
2007 Strategic Plan, as described in the September 25, 2008 staff recommendation (Exhibit 1).
Page 7 of 10
EXHIBIT A G-16
e
UPPER FILIORUM ACQUISITION
CONSISTENCY WITH CONSERVANCY'S CLIMATE-CHANGE POLICY
The proposed project is consistent with Coastal Conservancy Policy Statement on Climate
Change, adopted on June 4, 2009, which recognizes that "protection, restoration, and
enhancement of habitats, ecosystem processes, and open space is essential to minimizing threats
from global warming to California's biodiversity ... " By securing a significant linkage between
existing habitat areas on the Palos Verdes Peninsula, the proposed acquisition will protect
potential migration corridors, promote the survival of listed and other native species and
biodiversity, and help preserve key ecosystem processes within the Preserve.
In addition, the Policy directs Conservancy staff to consider climate change in evaluating which
projects to fund and the manner in which projects are selected. Staff has taken into account the
relevant considerations in connection with its proposal for funding the acquisition of the Filiorum
Tract, as detailed in the "CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION
CRITERIA & GUIDELINES" section, below.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The September 25, 2008 staff recommendation (Exhibit I) discusses in detail how the proposed
acquisition of the Upper Filiorum property is consistent with the Conservancy's Project Selection
Criteria and Guidelines, dated September 20, 2007, that then applied to the project. The Coastal
Conservancy Policy Statement on Climate Change and revised Project Selection Criteria,
adopted by the Conservancy on June 4, 2009, include three new criteria intended to address
greenhouse gas emissions, vulnerability to sea level rise and other climate change impacts. The
revised project is consistent with each of those three new criteria, as well as each of the criteria
that were reviewed in the earlier staff recommendation:
Required Criteria
Sea level rise vulnerability: The elevation of the Upper Filiorum site ranges from 475 feet
above mean sea level (MSL) along its southern boundary to 1100 feet above MSL in its
northeastern comer. As a result, the property is not located in an area considered vulnerable to
future sea level rise by the end of this century.
Additional Criteria:
Minimization of greenhouse gas emissions: The proposed project involves only a transfer of
title to existing open space and would therefore not directly contribute to the generation of
greenhouse gas emissions. As this report discusses in more detail in its section on "Consistency
with CEQA ," the preservation of the Upper Filiorum property as habitat and open space will help
sequester carbon on the Palos Verdes Peninsula, although in amounts that are difficult to
estimate at this time.
Vulnerability from climate change impacts other than sea level rise: In preparing and
implementing their final Subarea Management Plan for the property, the City and its project
partners on the Palos Verdes Preserve intend to adopt robust adaptation measures and strategies
to address potential impacts of climate change. Those measures will include monitoring change
in the landscape over time, managing and eradicating invasive species, and implementing an
Page 8 of 10
EXHIBIT A G-17
·e
UPPER FILIORUM ACQUISITION
extensive adaptive management plan, particularly for the state-and federally-listed species that
are the focus of the Subarea Plan.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
Although located outside the designated Coastal Zone within the City of Rancho Palos Verdes,
acquisition of the Upper Filiorum property would be consistent with the mandates of the Coastal
Act and the City's Coastal Specific Plan, as discussed in the September 25, 2008 staff
recommendation (Exhibit I).
COMPLIANCE WITH CEQA:
As specified in the earlier staff recommendation (Exhibit 1), the acquisition ofthe Upper
Filiorum property is categorically exempt from review under the California Environmental
Quality Act (CEQA) pursuant to Sections 15313 and 15325 of 14 Cal. Code of Regulations
(CCR). Section 15313 exempts acquisition of lands for fish and wildlife conservation purposes
and for preserving access to public lands and waters where the purpose of the acquisition is to
preserve the land in its natural condition. The proposed project is similarly exempt pursuant to 14
CCR Section 15325 because it involves a transfer of ownership in order to preserve existing
natural conditions and open space.
Those exemptions are applicable to this project, even after analysis of any potential impacts
relating to climate change. Recent legislation, an Attorney General's opinion, litigation and both
interim CEQA guidance and proposed CEQA guidelines all demonstrate that any CEQA analysis
by the Conservancy must now consider the climate change-related impacts of a project. In this
instance, it is clear that the proposed project would not involve the generation of greenhouse gas
emissions that could have a significant effect on the environment.
The proposed project involves only the acquisition of the Upper Filiorum property by the City.
It does not include any construction, restoration or similar alterations to the landscape that might
directly or indirectly involve the generation of greenhouse gas emissions. It is possible that the
transfer of the Upper Filiorum site into public ownership could increase the attractiveness, and
thus the potential use, of the informal social trails that are now on the property, and as a result
increase the number of vehicle trips to the Preserve over those that are now made by visitors to
the Preserve. But such an increase is very speculative and its extent cannot be reasonably
calculated at this time. And the incremental contribution of any such trips and their effect on
GHG emissions would not be cumulatively considerable, based on standards of practicality and
reasonableness.
Even under a worst-case analysis, this project is carbon neutral. Any resulting increase in
greenhouse gas emissions that might result, directly or indirectly, from this acquisition would be
offset by the ability of the vegetation on the site to sequester carbon, although the sequestration
potential of the site is difficult to forecast at this point. The City has not yet mapped or cataloged
the vegetation communities of the Upper Filiorum site in any precise way. In addition, there
does not appear to be any generally-accepted formula for calculating the carbon sequestration
rates of coastal sage scrub communities. But by preserving the site as habitat and open space---
Page 9 of 10
G-18
e
UPPER FILIORUM ACQUISITION
and by protecting it in perpetuity from any future development---the City's acquisition of this
property will contribute to the long-term reduction of overall emissions in the region.
Upon Conservancy approval of the proposed authorization, staff will file a Notice of Exemption
for the project.
Page lOoflO
IXHIBft' I G-19
; ..
Exhibi~ September 25, 2008 Staff Recommendal
COASTAL CONSERVANCY
Staff Recommendation
September 25, 2008
RANCHO PALOS VERDES NCCP:
UPPER FILIORUM AND PLUMTREE ACQUISITIONS
File No. 05-071-02
Project Manager: Bob Thiel
RECOMMENDED ACTION: Authorization to disburse up to $5,500,000 to the City of
Rancho Palos Verdes to acquire the 191-acre Upper Filiorum property and 28-acre Plumtree
property on the Palos Verdes Peninsula to assist in implementing the City's Natural
Communities Conservation Plan.
LOCATION: City of Rancho Palos Verdes, Los Angeles County
PROGRAM CATEGORY: Reservation of Significant Coastal Resource Areas
EXHIBITS
Exhibit I: Project Location
Exhibit 2: Regional Maps
Exhibit 3: NCCP Preserve Design Map
Exhibit 4: Map of Upper Filiorum and Plumtree Sites
Exhibit 5: Natural Vegetation and Sensitive Species Map
Exhibit 6: Aerial and Site Photos
Exhibit 7: Project Letters
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31350-31356 of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
five million five hundred thousand dollars ($5,500,000) to the City of Rancho Palos Verdes to
acquire approximately 191 acres known as the Upper Filiorum property (consisting of Assessor
Parcel Numbers 7581-023-029 and 7572-002-022 and a portion of APN 7581-023-034) and
approximately 28 acres known as the Plumtree property (consisting of APN 7572-010-023 and a
portion of APN 7581-023-034) on the Palos Verdes Peninsula in Los Angeles County to protect
significant coastal resource areas. This authorization is subject to the following conditions with
G-20
Exhibit 1: September 25, 2008 Staff Recommendation
respect to the acquisition of each of the properties:
1. Prior to the disbursement of funds for acquisition, the City of Rancho Palos Verdes
(the City) shall submit for the review and approval of the Executive Officer of the
Conservancy all relevant acquisition documents, including but not limited to the
appraisal, environmental assessments, agreement of purchase and sale, escrow
instructions, and documents of title necessary to the acquisition.
2. The City shall pay no more than fair market value for the property.
3. The City shall permanently dedicate the property for habitat and resource protection,
open space preservation, and public access (to the extent compatible with habitat and
resource protection) in a manner acceptable to the Executive Officer.
4. The City shall acknowledge Conservancy funding by erecting and maintaining on the
Upper Filiorum and Plumtree properties, or at another approved location, a sign that
has been reviewed and approved by the Executive Officer."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
l. The proposed authorization is consistent with the purposes and objectives of Chapter 8 of
Division 21 ofthe Public Resources Code (Sections 31350-31356) regarding reservation of
significant coastal resource areas.
2. The proposed authorization is consistent with the current Project Selection Criteria and
Guidelines."
PROJECT SUMMARY:
This project would provide funds to assist the City of Rancho Palos Verdes in acquiring
approximately 219 acres of undeveloped property on the Palos Verdes Peninsu Ia for habitat and
open space preservation and limited compatible public access, in support of the City's Natural
Communities Conservation Planning effort.
The project would involve the purchase of two properties located on the hillside above Palos
Verdes Drive South, which are now held in common ownership:
(a) The Upper Filiorum property, a 191.2-acre site consisting of APNs 7581-023-029 and
7572-002-022 and a portion of APN 7581-023-034.
(b) The adjacent Plumtree I Cinnamon Lane property, consisting of a 27.42 acre estate
homesite and .82-acre developable lot (APN 7572-010-023 and a portion of APN
7581-023-034) which are referred to here collectively as "the Plumtree property."
The acquisition would connect two reserve components of the City's Palos Verdes Nature
Preserve (the Preserve), a 1,400-acre preserve that is being assembled under a draft subarea plan
that the City has prepared under the state's Natural Communities Conservation Planning (NCCP)
:
J \ :.I , ,•, I I •• •1 ,,." ~~ li" V La .. ......, • n1 A. G-21
Exhibi! September 25, 2008 Staff Recommendatl
Act. (See Exhibit 3). This project will complete the acquisitions which the plan has proposed for
the Preserve. (Once known as "the Portuguese Bend Nature Preserve," the name of the Preserve
was recently changed to the Palos Verdes Nature Preserve).
As shown on Exhibit 4, the Upper Filiorum property and the downslope Plumtree site, whose
northern boundary abuts that ofthe Upper Filiorum site, would link the Three Sisters Reserve
(once known as the Barkentine property) on the west with the Portuguese Bend Reserve to the
east. Acquisition of these sites is considered critical for the long-term protection of coastal sage
scrub habitat---habitat that supports the California gnatcatcher, Palos Verdes blue butterfly and
other special status species. Their inclusion in the Preserve would also provide trail connections
and habitat linkages to other components of the Preserve.
The Upper Filiorum property is the last major segment of private property targeted by the draft
NCCP subarea plan for acquisition and inclusion in the Preserve. The plan originally identified
Upper Filiorum, the 423-acre Portuguese Bend (or Hon) property, and the 43-acre Agua Amarga
Canyon parcel as the major private lands to be purchased for the Preserve . The latter two
properties were both acquired by the City in 2005 , with Coastal Conservancy and other funding.
In May 2008, the City and the owners of the Upper Filiorum and Plumtree properties entered
into a purchase and sale agreement, under which the City is to acquire the Upper Filiorum
property for $9.2 million. A recent appraisal of the Upper Filiorum property , now under review
by the Department of General Services, appraises the fair market value of the property at $9.5
million. The agreement also gives the City the option to purchase the Plumtree property for $3.0
million, an amount which a recent appraisal of the property has determined to be its fair market
value. The agreement specifies that the close of escrow is to occur by December 31, 2008, but
may be extended to March 31, 2009, to allow the City to secure funding for the purchase.
In addition to the proposed Conservancy funding for this project, the City anticipates receiving a
$2 million grant from the Wildlife Conservation Board of federal funds that have been set aside
for this acquisition by the US Fish and Wildlife Service. The City will contribute $613,000 for
the acquisition, with the balance of the purchase price (about $4.09 million) provided by the
Palos Verdes Peninsula Land Conservancy and private donors (See the "Project Financing"
section below).
Under the proposed project, the City would acquire and own the land. Following the acquisition,
the City would grant a conservation easement over both properties in favor ofthe Palos Verdes
Land Peninsula Land Conservancy (PVPLC), which has entered into an interim agreement with
the City to manage these and other units of the Preserve. The conservation easement would
identify the California Department of Fish and Game (DFG) and the US Fish and Wildlife
Service (USFWS) as third party beneficiaries to enforce the provisions of the conservation
easements.
The PVPLC, USFWS and DFG have been working with the City for more than a decade to
develop and implement an NCCP subarea plan that would provide for comprehensive
conservation and management of multiple species within the City's portion of the Palos Verdes
Peninsula. As the principal feature of that plan, the Preserve is designed to conserve regionally
.. • i. . . . ; ,r ... '· .• J. G-22
e e
Exhibit 1: September 25, 2008 Staff Recommendation
important habitat areas and provide habitat linkages to benefit sensitive plants and wildlife.
The plan has been written under the provisions of the stat~'s Natural Communities Conservation
Planning Act of 1991 (California Fish and Game Code Section 2800 et seq), which promotes the
preparation of subregional and subarea plans that address conservation and management on an
ecosystem scale, while accommodating compatible land use and development. The intent of the
law is to overcome !he limitations of the single-species, project-by-project approach to
conservation by planning proactively and comprehensively for the management and conservation
of multiple species, including those listed under state or federal endangered species legislation.
An NCCP plan is to provide for the regional protection of biodiversity by setting aside enough
land to conserve intact ecosystems and their dependent species. In exchange, the plan defines
with greater certainty where development would be allowed to occur, particularly on other
property that might otherwise be subject to designation as critical habitat for a particular species.
' ...
~ ~
The NCCP program f.cpresents an effort to reconcile some of the common conflicts between
wildlife conservatio0.:and land development. At the time it was created, both development
interests and the conservation community had become increasingly dissatisfied with the reliance
on agency consultations and single-species habitat conservation plans to address concerns over
sensitive species. To the development community, addressing endangered species on the basis
of one project at a time had become unnecessarily costly, burdensome, and unpredictable. To
conservation groups, emphasizing only the impacts of individual projects failed to prevent the
fragmentation of habitat and ecosystems.
The NCCP process is supposed to benefit landowners by offering a more streamlined,
predictable regulatory approach. Cumbersome project-by-project, species by-species review
under state and federal endangered species statutes is to be replaced by comprehensive plans for
an entire region that establish where development would be allowed to occur and under what
conditions. For local government, on the other hand, the NCCP program offers the prospect of
greater predictability and control over land development in its jurisdiction, as well as a
mechanism to assemble biodiversity reserves that can also provide open space, aesthetic and
recreational benefit~
Although created by state law, the NCCP program has been a joint state and federal effort; state
and federal wildlife agencies collaborate in overseeing the planning process so that the plans can
be approved simult~eously under the state NCCP act and the HCP provisions of the federal
Endangered Specie5~Act. But because one of its goals is to promote coordination among local
government, developers, landowners, environmental groups, and other stakeholders in
developing and implementing its plans, the NCCP program depends on the cooperation of a
number of diverse interests.
In Southern California, where most of the state's NCCP plans have been written, many (such as
the Rancho Palos Verdes effort) have focused on coastal sage scrub communities and protection
of the coastal California gnatcatcher. Since the gnatcatcher is dependent on coastal sage scrub
habitat and nearly 80 percent of the remaining coastal sage scrub habitat in Southern California
occurs on private land, these plans confront the conflicts of development-versus-wildlife in fairly
stark terms. Yet the resulting NCCP plans in San Diego, Orange, Los Angeles, Riverside and
.IAH.lHI'I' A G-23
~ ..
Exhibi~ September 25,2008 StaffRecommenda-
San Bernardino counties have created reserves with large blocks of habitat and sought to protect
or recover the connections between fragmented natural areas across a 6,000 sq mile area with 18
million people in one of the most heavily urbanizing areas in the country.
The draft Palos Verdes subarea plan, which was approved by the Rancho Palos Verdes City
Council in 2004, focuses on the federally-listed, endangered Palos Verdes blue butterfly, the
endangered El Segundo blue butterfly, the threatened coastal California gnatcatcher, and Lyon's
pentachaeta (an endangered plant), as well as the cactus wren (a state species of concern) and
seven plant species cited by the California Native Plant Society as rare, threatened, endangered
or of limited distribution in the state.
The City's primary conservation strategy under the plari is to acquire several key privately
owned parcels tliat are deemed regionally significant, dedicate selected City-owned lands to the
Preserve, and then have the Palos Verdes Land Conservancy manage the ten Reserve
components of the Preserve with the assistance ofthe City and the two wildlife agencies. The
Preserve has been designed to conserve the most practicable amount of regionally-important
habitat and provide adequate linkages between patches of conserved habitat. The City and the
PVPLC also intend to restore certain habitat areas within the Preserve, emphasizing areas that
would enhance habitat patch size and habitat linkage function. The restoration plan is to be
developed by the PVPLC in consultation with the City and the wildlife agencies, focusing on
restoration of coastal sage scrub, cactus scrub, and Palos Verdes blue butterfly habitat.
The City and the PVPLC are also jointly developing a Public Use Master Plan (to be approved
by the City Council and the two wildlife agencies) to address such issues as public access,
trailhead locations, parking, trail use, fencing, and fire and brush management. Nearly 40 miles
of informal trails exist within the Preserve, although only the Forrestal Reserve has a designated
trails system with names and uses for each trail segment. As a result, the proposed Conservancy
authorization will help enhance public access to and along the coast, in addition to protecting
important coastal habitat and linkages. Informal trails on the two acquisition sites will connect
with trails on adjoining properties to become part of the trail network that will be dedicated to
public use within the Preserve.
Site Description:
The City of Rancho Palos Verdes is home to significant areas ofundisturbed coastal sage scrub
in the Portuguese Bend area and in scattered patches c,>f its coastal bluffs and canyons. Its
coastline is also important to the seasonal migration of many bird species along the Pacific
Flyway. The ecology ofthe Palos Verdes Peninsula (which in recent geologic time was actually
an island) often bears striking relationships with that of the Channel Islands; in fact, the
Peninsula is home to a number of resident plant and bird species that are otherwise endemic only
to the Channel Islands. As the City's Coastal Specific Plan points out, "[t)hese similarities
between the flora and fauna of the Peninsula and the Channel Islands make the natural vegetation
of Rancho Palos Verdes a natural biological research laboratory for the study of geographical
isolation and evolutionary change in species, island biogeography and ecological relationships,
and many other topics of interest to scientists."
The Palos Verdes Nature Preserve offers a diverse topography that varies from relatively flat
G-24
Exhibit 1: September 25, 2008 Staff Recommendation
lowland areas above steep coastal bluffs in the south to very steep slopes, ridgelines and gullies
on the slopes to the north. Elevations range from approximately sea level along the coastal edges
of Vicente Bluffs, Abalone Cove and Ocean Trails to approximately 1,300 feet above mean sea
level (MSL) at the northern-most parcel, Vista del Norte. Adjacent land uses include single-
family residences on most sides, open space, the Pacific Ocean to the south and west, and two
coastal golf courses near the western and eastern ends of the Preserve.
Dominant species in the Preserve area include California sagebrush, California encelia,
lemonadeberry, ashy-leaf and California buckwheat, coyote bush, California desert thorn, black
and purple sage, goldenbush, laurel sumac, and coast cholla. A 2006 plant survey identified over
260 plant species within the Preserve, almost halfofwhich are native to the region. Focused
wildlife surveys have documented 270 coastal California gnatcatchers, including 72 breeding
pairs, residing in the Preserve.
One of the major ecological objectives for creating the Preserve is the recovery of the Palos
Verdes blue butterfly (Glaucopsyche lygdamus paloverdesensis), a rare subspecies of the silvery
blue butterfly. Its lifespan is extremely short, and its habitat is restricted to open coastal sage
scrub that supports either ocean milk vetch or deerweed, which are the PV blue butterfly's larval
food plants. Although historical occurrences of the PV blue butterfly have included a number of
locations in the Preserve, currently the species is known to occur only at several isolated sites in
the region, including the Naval Fuel Depot in San Pedro. A captive breeding program at
Moarpark GoUege is underway to reintroduce the ·PV blue butterfly to selected sites in the
Preserve.
The 191-acre Upper Filiorum property---the larger and more significant ofthe two properties
proposed for acquisition---is located south and southwest ofthe southern end of Crenshaw
Boulevard and the north side of Vanderlip Road. The property is bordered by residential estate
subdivisions on the north, open hillsides to the west and east, and the private Portuguese Bend
Community Association on the south. The northeast corner of Upper Filiorum is adjacent to the
17-acre Del Cerro Buffer, another component of the Preserve that acts as an ecological buffer to
the City's Del Cerro Park.
The Upper Filiorum property is characterized by gentle to steeply sloping terrain, ranging in
elevation from about 1100 feet above mean sea level (MSL) in the northeast section ofthe
property to 475 above MSL in the southern portion of the site. The 28-acre Plumtree site is
located downslope and adjacent to that property. Surface drainage on both properties flows
generally south toward the Pacific, which is located less than a mile away. Although freshwater
springs are known to exist in some portions of Upper Filiorum, there are no surface water bodies
on the property. Two prominent natural drainages cross portions ofthe site, and the property
offers excellent panoramic views of the coastline, the Pacific, and Catalina Island more than 30
miles away. As shown on Exhibit 5, the principal vegetation communities on the Upper
Filiorum property are grassland, southern cactus scrub, and both undifferentiated and California
sagebrush (Artemisia)-dominated coastal sage scrub.
According to a 2000 Phase I Environmental Site assessment, much of the Upper Filiorum
property was once utilized for agriculture, as evidenced by air photos dating back to 1928.
Agricultural uses decreased over time and more recently the property has been in open space,
.·
UWaJ.·l' l G-25
Exhibi .. September 25, 2008 Staff Recommenda-
with a portion occasionally used for equestrian purposes. No other land uses are known to have
occurred on the site. About half of the property is zoned RS-1 or RS-2 (single family
residential). The greater Portuguese Bend area ofthe Palos Verdes Peninsula is known for
unstable soil conditions most notably manifested by earth movement, and all but approximately
15 acres of the Upper Filiorum property is included in a landslide moratorium area.
Project History
As noted above, the state's Natural Communities Conservation Planning (NCCP) Act of 1991
provides for the preparation and implementation of large-scale natural conservation plans. The
purpose of these plans is to identify and provide for the area-wide protection of natural wildlife
diversity, while allowing for compatible and appropriate development and growth. Because of
the relatively high concentration of coastal sage scrub habitat in the City, and the growing
intensity of development pressures on these areas, in 1996 the City entered into a planning
agreement with DFG and the USFWS to develop an NCCP subarea plan that would encompass
the entire City. As an initial step, the City (as lead agency) was required to develop a landscape-
scale database of biological resource and land-use information that would allow the City and the
wildlife agencies to make informed land-use and conservation decisions about future projects.
Since that time, the City and its partners have mapped existing vegetation communities, along
with sensitive species distributions and their potential habitat, and applied that information to
develop alternative designs for a proposed preserve. From three preliminary design alternatives
presented to the City Council and the public in 2000-2001, the City selected a new alternative in
2002 as the basis for the plan. The Draft NCCP Subarea Plan was completed and made available
to th~ public in June 2003, and a draft and then final EIR was prepared and adopted to assess the
environmental impacts of implementing that plan. The Draft Subarea Plan, which was adopted
by the Council in 2004, outlines the proposed NCCP Preserve, how the Preserve will be
assembled and managed, and how much the implementation ofthe Plan would cost.
The Subarea Plan establishes actions the City will take to obtain Section 1 O(a) take
authorizations for covered speCies under the federal Endangered Species Act, including current
and future management, maintenance and compatible uses of covered lands, as well as funding
for habitat management. The plan also identifies the process for mitigating development on any
habitat that is not to be conserved, and how permits and take authorizations will be obtained for
covered species.
The draft Subarea Plan, along with a draft implementing agreement among all four partners and a
proposed preserve management agreement between the City and the PVPLC, is now under
review by and discussion with DFG and USFWS. The City hopes to complete the NCCP by the
end ofthis year, with a target date of March 2009 for final approvals by the City, PVPLC, CDFG
and the USFWS.
The creation ofthe City's NCCP Preserve relies on the dedication of existing public land and the
acquisition of certain private holdings. To that end, the City and PVPLC have been successful in
acquiring considerable acreages of privately held open space to create the Preserve. In December
2005, the City obtained title to 458 acres of additional lands---the Portuguese Bend and Agua
G-26
Exhibit 1: September 25, 2008 StaffRecommendation
Amarga Canyon properties---for dedication into the Preserve. With those acquisitions, the City
currently owns 1,138.33 acres (or 80 percent) ofthe 1,428.27 acres that have been targeted to
become the Preserve. The two acquisitions being proposed here would complete the Preserve.
The Coastal Conservancy has been an active partner in these efforts for more than a decade. In
March 1997, the Conservancy authorized a grant of$400,000 to the Wildlife Conservation Board
toward the acquisition of the 163-acre Klondike Canyon property, which is now known as the
Forrestal Reserve. And in October 2005, the Conservancy approved a grant of$1,550,000 to the
City to help acquire the Portuguese Bend and Agua Amarga Canyon Reserves. The
Conservancy has also contributed $100,000 to the renovation and development ofthe
interpretive center at PVPLC's White Point Nature Preserve and recently awarded two other
grants to the PVPLC totaling more than $268,000 for habitat restoration projects at Point Vicente
Bluffs and McCarrell's Canyon.
PROJECT FINANCING:
Upper Filiorum acquisition
Coastal Conservancy
Wildlife Conservation Board (USFWS funds)
City ofRancho Palos Verdes
Palos Verdes Peninsula Land Conservancy and
private donations
Total
Plumtree acquisitio~
Coastal Conservancy
Palos Verdes Peninsula Land Conservancy and
private donations
Total
Total Project Cost
$4,787,000
2,000,000
613,000
1,800,000
$9,200,000
713,000
2,287,000
$3,000,000
$12,200,000
-The anticipated source of funds for this project is-an appropriation to the Conservancy from
Proposition 84---the Safe Drinking Water, Water Quality and Supply, Flood Control River and
Coastal Protection Bond Act of2006 (Public Resources Code Sections 75001 et seq). Consistent
with the purposes specified in Section 75060 of that bond act, the acquisition of the Upper
Filiorum and Plumtree properties would protect natural habitat values of coastal lands on the
Palos Verdes Peninsula, as well as promote access to and enjoyment of the coastal resources of
the state.
In evaluating acquisition projects for the purpose of natural resource protection under
Proposition 84, the Conservancy is directed by Section 75071 of the bond act to give priority to
projects that meet one or more ofthe five criteria specified in Section 75071. Acquisition of the
Upper Filiorum and Plumtree properties by the City would meet at least three of those criteria:
:
~le ..... -..·•• A G-27
Exhibi~ September 25, 2008 Staff RecommendaJt
1. "Properties that link to, or contribute to linking, existing protected areas with other
large blocks of protected habitaC.-~"[§7507l(a)]. As discussed above, the acquisition of the
Upper Filiorum and Plumtree sites would provide the necessary connection between the 98-acre
Three Sisters Reserve with the 423-acre Portuguese Bend Reserve.
2. "Properties that support relatively large areas of under-protected major habitat types"
[§75071(c)]. The proposed acquisition would help protect an important segment of coastal sage
scrub, an ecological community whose losses in Southern California have exceeded 90 percent
of its original extent.
3. "Properties for which there is a non-state matching contribution toward the acquisition,
restoration, stewardship or management costs." [§75071(e)]. As shown above, the federal, local
and private contribution towards these acquisitions would represent about 55 percent ofthe
purchase price.
As mandated by Section 75071(f) ofthe bond act, the Conservancy's staff has submitted to the
Resources Agency, and posted on the Conservancy's website, an explanation of how the
proposed acquisitions meet the criteria established in Section 75071.
CONSISTENCY WITH ·CONSERVANCY'S ENABLING LEGISLATION:
The proposed project is consistent with Chapter 8 of the Conservancy's enabling legislation,
Division 21 of the Public Resources Code (Sections 31350-31356), regarding reservation of
significant coastal resource areas.
PRC §31350 vests in the Conservancy the authority to ensure the reservation of significant
coastal resource areas that would otherwise be lost to public use. Under Section 31351, the
Conservancy is to cooperate with other public agencies (such as the City of Rancho Palos
Verdes] to ensure the reservation of such properties for park, recreational and wildlife habitat
purposes in order to meet the objectives of a certified local coastal plan or other local plan. As
discussed below under the section "Consistency with Local Coastal Program Policies," the
acquisitions of the Upper Filiorum and Plumtree properties would be consistent with the policies
of the City's Coastal Specific Plan (1978, its certified local coastal plan). Those acquisitions
would also help fulfill the objectives ofthe City's draft NCCP subarea plan.
The proposed authorization would also be consistent with PRC §31352, which states that the
Conservancy may award a grant to a public agency for a purpose specified in Section 31351 if
(as is the case with this project) that agency is unable, due to limited financial resources, to
acquire such property. Without the Conservancy funding proposed here, the City would lack the
requisite funding to acquire the Upper Filiorum and Plumtree properties.
CONSISTENCY WITH CONSERVANCY'S 2007
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with Goal 4, Objective A ofthe Conservancy's 2007 Strategic Plan, the proposed
project would protect over 219 acres of significant coastal watershed lands. Consistent with the
strategies identified in the Strategic Plan, this project would connect existing protected lands to
provide large, contiguous blocks of habitat; protect habitat and wildlife corridors; and help
G-28
Exhibit 1: September 25, 2008 Staff Recommendation
implement a regional plan for natural resource protection. The City has been identified as an
appropriate entity to own the property, and the PVPLC has been identified as the appropriate
entity to manage it.
Consistent with Goall, Objective G ofthe Conservancy's 2007 Strategic Plan, the proposed
project would secure property that would facilitate development of inland connecting trails to the
Coastal Trail.
Consistent with GoalS, Objective C ofthe Conservancy's 2007 Strategic Plan, the proposed
project would preserve wildlife corridors between core habitat areas along the coastal slopes of
the Palos Verdes Peninsula.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines, last updated on September 20, 2007, in the following respects:
Reauired Criteria
1. Promotion onhe Conservancy's statutorfprograms and purposes: See the above
discussion on "Consistency with Conservancy's Enabling Legislation."
2. Consistency witb purposes oftbe funding source: See the "Project Financing" section
above .
3. Support of the public: The project is supported by Los Angeles County Supervisor Don
Knabe, State Senator Edward Vincent, State Senator Alan Lowenthal, State Senator Jenny
Oropeza, Assembly Member Betty Kamette, and US Congressman Dana Rohrabacher, as
well as a number of environmental organizations, community groups, and inland cities in the
South Bay region ofthe Los Angeles Basin. Letters of support are provided in Exhibit 7.
4. Location: Although the proposed project is located outside the Coastal Zone, it would
essentially complete the creation of the Palos Verdes Nature Preserve, which includes
numerous reserve components that-are -leoatec:l-within the Coastal Zone (Exhibit 3). These
parcels include Shoreline Park, which includes a coastal access trail and a planned segment
of the Coastal Trail. In addition, conservation of the Upper Filiorum and Plumtree properties
would benefit coastal resources by protecting coastal drainages and providing habitat to
special status species that are dependent on areas in the Coastal Zone.
5. Need: Acquisition of the Upper Filiorum and Plumtree properties is needed to complete the
implementation of the City's NCCP and to provide a critical linkage between core habitat
areas that are already protected under the Plan. Without funding from the Coastal
Conservancy, this acquisition would nor be possible in time to exercise the City's rights
under its purchase and sale agreement with the sellers.
6. Greater-than-local interest: This project will add to and connect with other components of
the Palos Verdes Nature Preserve. The Preserve is the focal point for numerous nature walks
for the community, as well as science and natural history educational programs conducted by
Ail• ... I Ll I,., A G-29
Exhib~ September 25, 2008 Staff Recommenda-
the PLPVC in association with regional K-12 schools, colleges and universities; it attracts
visitors from all over the Los Angeles area, a metropolitan region of more than 17 million
people, particularly from inland communities in the South Bay area, many ofwhich have
little or no park or open space. In addition, the Preserve provides critical habitat for a
number of special status species--.;such as the California gnatcatcher and Palos Verdes blue
butterfly----whose survival and recovery are of regional, statewide and national significance.
Additional Criteria
7. Urgency: The City has been advised that if the purchase ofthe Upper Filiorum property
does not occur soon, the City will risk losing $2 million of federal funds that were set aside
four years ago for this acquisition by the Fish and Wildlife Service. In addition, the Purchase
and sale agreement specifies that the acquisition must close no later than March 31, 2009.
8. Resolution of more than one issue: Acquisition of the Upper Filiorum and Plumtree
properties will address coastal and watershed resource protection, habitat restoration,
endangered species recovery, and public recreation and access.
9. Leverage: See the "Project Financing" section above.
10. Innovation. The development and implementation ofthe City's NCCP Subarea Plan has
demonstrated an exemplary approach to protecting a core of key coastal habitats in a rapidly
urbanizing area of Southern California.
II. Readiness: The City and the sellers have negotiated a purchase and sale agreement for the
properties and are prepared to close on their sale by the end ofthe First Quarter 2009 if
adequate funding can be secured.
11. Realization of prior Conservancy goals: For over a decade, the Coastal Conservancy has
been involved in helping purchase and protect components ofthe Palos Verdes Nature
Preserve. The Conservancy helped fund acquisition ofthe Forrestal Preserve with a grant to
the Wildlife Conservation Board in 1997, and it helped fund acquisition ofthe 424-acre
Portuguese Bend Preserve and 39-acre Agua Amarga Canyon Preserve with a grant to the
City in 2005. Since that time it has also provided grants to the PVPLC for development of an
interpretative center and several habitat restoration projects, including one at the Point
Vicente Bluffs Reserve. . .. --· .
12. Cooperation: The Rancho Palos Verdes NCCP is a cooperative venture among the City of
Rancho Palos Verdes, the Palos Verdes Peninsula Land Conservancy, the California
Department ofFish and Game, and the US Fish and Wildlife Service.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
The proposed project is located outside the designated Coastal Zone within the City of Rancho
Palos Verdes, a narrow band that generally extends inland only to Palos Verdes Drive, the first
main thoroughfare along the City's 7.5 mile coastline. Acquisition ofthe Upper Filiorum and
Plumtree properties, however, would be consistent with the mandate in Section 30140 ofthe
Coastal Act to protect environmentally sensitive habitat areas. In addition, it would complement
protections mandated by the City's Coastal Specific Plan (1978; its local coastal plan) for
sensitive wildlife habitat, natural vegetation, and preservation corridors in the Coastal Zone. For
I.,¥ G-30
Exhibit 1: September 25, 2008 Staff Recommendation
RANCHO PALOS VERDES ACQUISITIONS
example, policy CRM-10 ofthat Plan specifies that "[t]the existing natural vegetation of Rancho
Palos Verdes is a major component ofthe environmental character of the City. The open natural
hillsides are visibly apparent and create an atmosphere of a hilly rural community. The retention
of wild flowers, low coastal sage scrub, chaparral , and grassland communities is desirable as is
revegetation with native material wherever clearing of vegetation is required."
COMPLIANCE WITH CEQA:
The acquisition of the Upper Filiorum property and the Plumtree property is each categorically
exempt from review under the California Environmental Quality Act (CEQA) pursuant to
Sections 15313 and 15325 of 14 Cal. Code of Regulations (CCR). Section 15313 exempts
acquisition of lands for fish and wildlife conservation purposes and for preserving access to
public lands and waters where the purpose of the acquisition is to preserve the land in its natural
condition. The proposed project is similarly exempt pursuant to 14 CCR Section 15325 because
it involves a transfer of ownership in order to preserve existing natural conditions and open
space. Upon Conservancy approval ofthe proposed authorization, staff will file a Notice of
Exemption for the project.
Page 12ofl2
. ,,
li!kt. I M •••• A G-31
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Exhibit I: September 25, 2008 Staff Recommendation
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G-34
Exhibit I: September 25. 2008 Staff Recommendation
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Exhibit I: September 25, 2008 Staff Recommendation
NCCP Preserve Properties
Upper Filiorum
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D aty Bound"')'
Sensitiv~ Sp.<:M.s
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G-36
Exhibit I: September 25, 2008 Staff Recommendation
Looking west aver the Upper Filiorum
property, from near the beginning
of Crenshaw Boulevard
Aerial view of the Palos Verdes Nature Preserve area
Site photo of the Plumtree property,
looking northwest
G-37
DANA ROHRABACHER
46th District, Cellfornla
Committees:
FOREIGN AFFAIRS
Rooki ng fl opubllun, SubcommlttH on
lnte mltlonel Or.g anlutlan•. Human
Rights ond Ovanight
Suboommtn.o on
Aalo, the Poclnc, and
the Global Environment
SCIENCE AND TECHNOLOGY
Subcommlnee on
Space and Aeronauttca
Subcommittee on
lnvastlgotlono ond Qvarolght
Exhibit. September 25,2008 StaffRecommendatlt
• cttongre55 ot tl]t ltniteb ~tates
1bouse of l\eprrsentatibes
August 18, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No . 05-071-02) September 25,2008 agenda
Dear Mr. Bosco:
WASHINGTON OFFICE:
2300 Roybum Houle Office Building
Woahlngton, DC 20511Hl546
(202) 226-2416 FAX: 1202122s-11146
DISTRICT OFFICE :
101 Moln Stroot, SUite 3110
Hun~nglon Beach, CA 92848-81 18
(714)91i0-4483 FAX: 1714l ~7806
South Boy: (3101 Jn-8493
http://rohrobocher.houoe .gov
I write to support the efforts of the Palos Verdes Peninsula Land Conservancy (PVPLC)
and the City ofRancho Palos Verdes to acquire 218 acres in the Portuguese Bend Nature
Reserve area. The property is comprised of 190 acres known as Upper Filiorum and 28
acres known as Plumtree. These two real properties will link existing areas already
preserved as the Nature Preserve.
The beauty of the Palos Verdes Peninsula is well-known to me. I am an alumnus ofPalos
Verdes High School, and my family and I resided in the area for many years. The Palos
Verdes spectacular coastline stretches along the Pacific to Huntington Beach and
comprises one of the more unique parts of my congressional district.
Acquisition of the 218 acres will provide contiguous land that will allow wildlife to move
freely through open spaces. Furthermore, native habitat will be restored to promote the
repopulation of species such as the rare Palos Verdes blue butterfly.
The Portuguese Bend Nature Reserve enjoys deep community support. Last year,
volunteers from the entire south bay area contributed over 9,000 hours of work. In 2005,
they raised over $4 miUion to help acquire undeveloped land.
May I urge the Coastal Conservancy to support the Rancho Palos Verdes acquisition so
that we may keep this marvelous, natural resource available to future generations?
Yours sincerely,
.[)~~
Dana Rohrabacher
Member of Congress
EI HIBIT A G-38
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E,lit 1: September 25,2008 StaffRecommen!on
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SENATOR
EDWARD VINCENT
TWENTY-FIFTH SENATE DISTRICT
RAC:II'iG INDU~~ "! ~ (
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RUL ES
August 7, 20008
Mr. Douglas Bosco, Chairman.
California Coastal ~onservancy
1330 Broadway, 13th Floor
Oakland. California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25. 2008 agenda
Dear Mr. Bosco,
As the representative of California State Senate District 25. which extends
from Long Beach to the Palos Verdes Peninsula I support the Palos Verdes
Peninsula Land Conservancy and the City Of Rancho Palos Verdes' effort
to acquire the 218 acre acres of land from York Long Point Associates. My
remons for supporting it include:
o This land will connect two existing nature areas that have already been
preserved. It will form a nature corridor that will allow wildlife to move
freely through the expanded Preserve. Over time 'the native habitat
will be restored and help the repopulation of the area which is home
to several endangered threatened species such as the very rare Palos
Verdes blue butterfly.
·:) Several of lhe !roils which go across this oreo oncJ hove t)een closed
tor tt1e past several years will be re-opened to the public.
o Tile Palos Verdes Peninsula Land Conservancy has preserved over 1200
acres of undeveloped land on the Peninsula. This spectacular
coastline nature preserve, with ocean views will grow to 1400 acres
and be kept open to the public in perpetuity.
.,
~.-· E.lbJ..nJ ·a' A G-39
Exhib-September 25,2008 StaffRecommendatie
o The community actively supports the Conservancy. Volunteers from
I he community. who come from all over the South Bay. including much
of my constituency. provided over 9.000 hours volunteer work in 2007 .
o The PVPLC's 3rd grade education program has brought over 10.000
students from 19 schools on to the preserves over the past fen years .
o This additional open space will afford even more opportunities to
expand the Conservancy's outreach programs. This past school year,
in conjunction with the Los Angeles Conservation Corps. the
Conservancy brought 500 middle-school children from South Los
Angeles to the Preserves to teach them about the natural sciences.
I strongly support your effort to acquire this critical piece of land for open
;z~L
Edward Vincent
Member of the Senat e 25 11 ' Distr ict
G-40
e e
Exhibit l: September 25, 2008 Staff Recommendation
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SENATOR JENNY OROPEZA
TWENTY EIGHTH SENATE DISTRICT
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August 7, 2008
Mr. Douglas Bosco, Chair
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakic.ad, Califvruia 9~6 12
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25,2008 agenda
Dear Mr. Bosco:
£L£CT!()N~ R E.O:..P•'\}0 T\1 ;r'i:-.~r.;, ~
Ai\.·C:: t'o'l;\,:~lllt:f;\•N.C..:
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INTEGRITY OF e:'LE:C TICJN $
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E.I\IVIROI'~.MENT C!-!.o\,;.o
S•.Jfi(L1 ... 1Mti 7(i::.
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BONOEOI~DEBTEDN~~S
As the State Senator from the 28 111 District and Chair of the Senate Select Committ~.:e on .Public Health and
the Enviro nment lam keenly aware of the need for open space to meet the needs of the public in general, and
especially for children growing up in underscrved areas of Los Angeles.
1 support the Palos Verdes Peninsula Land Conservancy's efforts to increase the amotmt of open space by
acquiring undeveloped land from York and Associates. This land is one of the last major parcels of
undeveloped land in the area.
In particular I support their efforts to reach out to the children in the South Bay and beyond with their
education programs in the natural sciences. Their 3rd grade education program bring s more than 1400
elementary school children from 19 schools to four in-class sessions and a visit to a local green area every
year. I appreciate this outreach effort, since Wood Elementary School in Torrance and Bonita Elementary
School in Carson both participate in this program.
I am also pleased that the Conservancy is working with the LA Conservation Corps to bring middle
schoolchildren from South Los Angeles in the Los Angeles Uni1ied School District to the Preserves to
introduce them to the natural sciences. -~fhe first group of students from Markham Junior High in Watts
visited the Preserves this spring and so far more than 160 students have participated in the program.
We would certainly welcome a grant from the State Coastal Conservancy in support for the much needed
addition of open space in the area.
Sincerely,
.. ~ L'i"V U • loot I 'I' l G-41
STATE CAPITOL
Exhib-September 25, 2008 Staff Recommendate
,..~ssrmhltr COMMITTEES:
CHAIR ....,
(California Itirgisbfun~
API~..: tNrD=Ill\iN~H~~7 c.p()r,~.'.
!(•LRISM AN[l1N1 ~ nNET MF; ;4
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DISTRICT OFFICE MEMBER
''![ e,:;• 'lf'f'ROPRIATIQtJ;;
LDUGATION
1 RANSF'()RT•TOtl
8 ETTY KA RNETTE
ASSEMBLYMEMBER. FIFTV-FOURTH DISTRICT
August 8. 2008
Mr. Douglas Bosco, Chairman
California Coastal Conservam:y
I :no Broadway, 13th Floor
Oakland, CA ')4612
Rc: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco:
As the Assemblymember representing the 54 1h District, I strongly support the efforts of
the Palos Verdes Peninsula Land Conservancy (PVPLC) to preserve open space. The
PVPLC hmrdone an exemplary job ofpreserving undeveloped land on the Peninsula. ln
2005. the PVPLC successfully acquired an additional 430 acres of land with the support
of the California Coastal Conservancy, other governmental agencies and numerous
private donations from community members.
Currently, there is a tremendous opportunity for the PVPLC to acquire 218 acres of
undeveloped land, one of the last major undeveloped parcels in the area. This land
connects the existing preserves in the Portuguese Bend Nature Reserve and will provide a
natural wildlife corridor. This will be critical for the resurgence of native plants and
animals including the endangered and threatened species such as the very rare Palos
Verdes Blue Butterfly and the Califomia Gnatcatcher.
r fully support the efforts ofthe PVPLC to acquire this additional area and preserve it as
open space for the public to enjoy .
Sincerely,
£3ETTY KARNETTE
Asscmblymcmbcr, 54111 District
Cc: Palos Verdes Peninsula Land Conservancy
.liiH I KIT i G-42
Exhibit 1: September 25, 2008 Staff Recommendation
,.
August 19, 2008
Mr. Douglas Bosco
Chairman
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
S22KENNETH HAHN HAll Of ADMINISTRATION i LOS ANGE:LES CALIFORNIA 90012
Telephone !2'3: 9'4 4444 FAX ;213j 626-6941
DON KNABE
CHAIRMAN PRO. TEM
California Coastal Conservancy
i 330 Bruadway, 1 3tr. Flooi
Oakland, California 94612
Dear Mr. Bosco:
RANCHO PALOS VERDES NCCP ACQUISITIONS
(FILE NO. 05-071-02) SEPTEMBER 25, 2008 AGENDA
I wanted to express my full support of the Palos Verdes Peninsula Land Conservancy's efforts
to acquire 218 acres of the Upper Filiorum and Plum Tree parcels of land.
As the area's representative on the Los Angeles County Board of Supervisors, I am very familiar
with, and strongly support, the efforts of the Conservancy to preserve open space. They have
also dedicated themselves to restoring the native habitat and have implemented a number of
valuable education and science programs. Additionally, The Conservancy demonstrated that
they have strong community support by securing over $4 million in contributions from the public
to acquire land in 2005.
This planned acquisition represents a culmination of 20 years of work to create the Portuguese
Bend Nature Preserve. This particular land is strategically important, because it connects the
existing preserves in the Portuguese Bend area and will provide a natural wildlife corridor that
wi!l aid i~ the repopulation of native plants and animals in this <lrea. It will also allow for there-
opening of trails that have been closed to the public for several years.
I am very much in support of the acquisition of this additional land for open space which will
benefit wildlife and be kept open to the public forever.
I re ly ,
1
I
DO NKN ~E~ -Chairma~~e :
Supervisor, Fourth District
County of Los Angeles
DK:ha
RECEIVED
MJG 25 ZOOS
~AL. coNSERVANC-y
QN(\.ANO. CALif.
G-43
Exhibi!September 25, 2008 StaffRecommendatl
FRANK E. HILL
Mayor
THOMAS F HEINSHEIMER
Mayor Pro Tsm
OR . JAMES BLACK
Courrctlmember
B ALLEN LAY
Counaltnember
GODFREY PERNELL 0 0 S
August 12, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadwav, 13th Floor ·
Oakland, California 94(;12
Reference: Rancho Palos Verdes \ICCP Acquisitions
(File No. 05-071-02) Seph~mber 2.\ 2008 agenda
Dear Mr. Bosco,
NO. L PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377·7288
On behalf of the City Council, I am writing to express the City of Rolling Hills' active
and enthusiastic support of the Palos Verdes Peninsula Land Conservancy efforts to
pre!;erve and maintain open space on the Palos Verdes Penjnsula. Specifically, we
support the planned acquisition of th e 21R acres of the Upper Filiorum and Plum Tree
parceb of land that will increase the amount nf critical open space in tht:· area .
The Conservancy has dedicated themselves to restoring the native habitat on the lands
that they manage, and hav ~ unplemented a number of valuable education and science
programs for our children, from natural scie nce programs for third graders to high
school and university level research projects. The planned acquisition of the Upper
Filiorum and Plum Tree parcels, as one of the last major pamds of undeveloped land in
the area, will expand this program and allow for the re-opening of trail. that have been
cl< sed to the public for several years.
Thi s land is also important because it connects the existing preserves in the Portugu e se
Bend :'\lature Reserve and helps to form a natural wildlife corridor that will help the
repopulation of native pla nts and animals in this area. The City of Rolling Hills
~1:.1pports the acquisition of this etdditionalland for open space which ""ill benefit the
wildlife and be kept open to th e public in perpetuity.
@ Prmtec on RK<t<ltd Poptr
EXHIBIT A G-44
Exhibit I: September 25, 2008 Staff Recommendation
Page2
The Conservancy demonstrated that they have strong community support by raising
over $4 million from the public to acquire land in 2005 and, we are confident they will
duplicate their success for trus new acquisition. The City of Rolling Hills contributed
approximately $229,000.00 toward the public open space and we arc hopeful that we
will have the opportunity to support a new fundraising campaign that benefits the
public.
~k _)J)y
Hank E. Hil1
Mayor
FEH:mlk
08-12.()8supp"rt-ltr.doc
cc: City Council
RECEIVED
AUG 1 5 2008
COASTAL CONSERVANCY
OAKLf\' :~ C .. :' .. ::
G-45
--
tt4 LIPOJ.~\~
Exhibi! September 25, 2008 Staff Recommendatl
CITY OF
@Jak/3V"~($1o1PA
August 13, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco,
OFFICE OF
THE MAYOR
Please accept this letter of support for the Palos Verdes Peninsula Land Conservancy's efforts to
acquire 218 acres of undeveloped land in Rancho Palos Verdes.
Since its inception in 1988, the Palos Verdes Peninsula Land Conservancy (PVLC) has preserved
over 1200 acres of land on the Palos Verdes Peninsula. These preserves not only nurture and
restore rare native coastal habitat but also allow public access to open space in perpetuity.
The parcel included in this acquisition would connect together existing preserves in the
Portuguese Bend Nature Reserve in order to provide a natural wildlife corridor to assist in the
resurgence of native plants and animals. The area is home to endangered and threatened species
such as the Palos Verdes Blue Butterfly and the California Gnatcatcher.
As Mayor of Palos Verdes Estates, I take great pride that our community has permanently set
aside over 28% of the land in our city limits to serve as parklands and open space for the
enjoyment of our residents and visitors . With continuing pressure to develop the remaining
open space parcels on the Peninsula, I believe that the PVLC's open space preserve program is
deserving of funding from the California Coastal Conservancy and will be supported bY.
significant contributions from the private sector as well.
Thank you in advance for consideration of this letter of support and please do not hesitate to
contact me if you desire additionaJ information.
Sincerely,
Post Office Box 101!6, Palos Verdes Estates. California 90274-028 .~
HO Palos Verdes Drive West. Palos Verdes Estates. California .. ~ 10-.'f'!{-0:$H3
EXHIBIT A G-46
FRANK V. ZERUNYAN
Moyor
JUDY MITCHELL
M.,.,PtoT""'
Exhibit 1: September 25, 2008 Staff Recommendation
THE CITY OF
JOHN C. ADDLEMAN
C«ma/Mrmkr ROLLING HILLS ESTATES
SUSAN SEAMANS
STEVEN ZUCKERMAN
401S PALOS VERDES DRIVE NORTH • ROLLING HILLS ESTATES, CA 90274
TELEPHONE 310 .377 .1577 FAX 310.377.4468
www.ci.Rolling-Hills-ES<alcs.co.u>
DOUGLAS R. PRJCHARD
August 11, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No . 05-071-02) September 25, 2008 Agenda
Dear Mr. Bosco,
The Palos Verdes Peninsula Land Conservancy has preserved over 1200 acres of
land, including land in Rolling Hills Estates. These preserves not only nurture
and restore rare native coastal habitat but also insures public access to the
properties.
The City of Rolling Hills Estates is an enthusiastic supporter of open space on
the Peninsula, and the George F. Canyon Nature Center in RHE is a popular
starting point for many nature hikes which we provide in conjunction with the
Conservancy.
We strongly support the PVPLC's effort to acquire 218 acres of undeveloped
land that links together existing preserves in the Portuguese Bend Nature
Reserve and will provide a natural wildlife corridor that will help the resurgence
of native plants and animals. These include endangered and threatened species
such as the very rare Palos Verdes Blue Butterfly and the California
Gnatcatcher.
I feel that the Conservancy is providing a valuable service to people who live on
the Peninsula and to residents of the many surrounding neighborhoods in the
South Bay and beyond, who enjoy the peaceful solitude of the open space.
:L~
Susan Seamans
Council Member
li'YUTUTT A G-47
Exhibi!September 25, 2008 StaiTRecommendati!
MALCOLM S. SHARP
74 EASTFIELD DRIVE
ROLLING HILLS, CALIFORNIA 90274
Mr. Douglas Bosc;o, Chainnan,
California Coastal Conservancy
1330 Broadway, 1-3th Floor
Oakland. California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25,2008 agenda
Dear Mr. Bosco.
In my role a<> President ofthe Board of Education ofthe Palos Verdes Peninsula Unified
School District. 1 am very aware of the need for open space in the crowded metropolitan
area ofLos _Ange!~~' ~-mJ how important it is to_ nave our children enjoy and learn from
these natural areas.
I support the Palos Verdes Peninsula Land Conservancy's acquisition ofthe undeveloped
land from York and Associates, which is one of the last major parcels of undeveloped
land in our area.
In particular I support the Conservancy's efforts to reach out to our children with their
education programs in the natural sciences in Palos Verdes, the South Bay and beyond.
Their 3'd grade education program brings over 1.400 children to four in-class sessions and
a visit to a local green area every year. As an educator, I also appreciate the Science
Research opportunities on the Preserves that the Conservancy has provided our students.
I welcome the addition ofthis much needed open space in our community that will be
available for our children in perpetuity.
Malcolm S. Sharp
President. Board of Education
Palos Verdes Peninsula Unified School District
-~
3 1 0 • 5 4 4 • 8 0 0 5
PVSHARP@COX.NET
~XHIK1·r A G-48
Exhibit 1: September 25, 2008 Staff Recommendation
CITY OF RANCHO PALOS VERDES
l 1 fTU~ l; I ;ARCINEF~ ~ :ulJ"'CIL "i~N
-1· IU:-.~_;\~ LJ lJ..'IN~ i ~ :c.JUNCIL ~1A.1'1
~ 1 H ,\~ \;\;( Jl :_ )\:\'!C:L t /.Jt .. ;''tCit ... r-1N'"
August 4, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco:
I write to you as the Mayor of the City of Rancho Palos Verdes ("City") to express support
for the acquisition of the 218 acres of the Upper Filiorum and Plum Tree parcels of land by
the City and the Palos Verdes Land Conservancy ("the Conservancy").
As a former member of the Board of Directors of the Conservancy and a current member
of the City Council, I am very familiar with, and strongly support, the efforts of the Palos
Verdes Peninsula Land Conservancy and the City to preserve open space on the Palos
Verdes Peninsula. They have also dedicated themselves to restoring the native habitat
and have implemented a number of valuable education and science programs tor our
children -from natural science programs for third graders to high school and university
level research projects.
In addition to bringing 1400 3rd graders from 19 schools on to the Preserves every year,
the Conservancy, partnering with the LA Conservation Corps, has brought 500 middle
school children from South Los Angeles to the Preserve to explore the natural sciences.
Strong community support for these acquisitions was demonstrated by the Conservancy's
successful fund raising of over $4 million from the public to acquire land in 2005, which the
City is placing in the Palos Verdes Nature Preserve. This land is available for all of the
public to enjoy.
EXHI Nf'r A G-49
.· e --··I Exhibit I; S~pt~~ber 25~ 2008 S~ff .Rec~mmendati
Mr. Douglas Bosco, Chairman
August 4. 2008
Page 2
The City Council fully supports the planned acqu isition of one of the last major parcels of
undeveloped land in the area and has committed $613 ,000 of City funds toward that
purpose . The purcnase of this remaining land will represent the culmination of 20 years of
work to create the Palos Verdes Nature Preserve. It will also allow for the re-opening of
trails that have been closed to the public for several years.
This land also is strategically important, because it connects the existing land that already
has been acquired for the Palos Verdes Nature Preserve and will provide a natural wildlife
corridor that will aid in the repopulation of native plants and animals in this area. These
endangered and threatened species include the rare Palos Verdes Blue Butterfly and the
California Gnatcatcher.
The City very much supports the acquisition of this additional land for open space, which
will be wildlife and be kept open to the public, forever.
Douglas W. Stern
Mayor
RECEIVED
AUG 0 R rUOB
COASTAL CONSERVANCY
OAKLAND, CALIF.
EXHlHJ.'f A G-50
~
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Exhibit 2: Aerial photo of Filiorum [A] and Donation [B] Tracts (outlines are approximate)
e
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G-51
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iXHIBlT A
G-52
Exhibit 4: Filiorum and Donation Tract boundaries
EXHIBIT "A~
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FILIORUM PARCEL
t' R. I'IILLIAioiS SCALE: 1 • =600'
CRENSHAW
BLVD.
w.o roo3·7T
HlA LEGAL No. H70 SHEET 2 OF 2
FILIORUM TRACT
G-53
EXHIBIT "B"
Shieh Co Acoompcmy L<gal o .. oriptlan
PARCEL A
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HlJNSAK~Il & ASSOCIATES
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DONATION PARCEL
CI'IY OF RA~O Pfol.OB VERDE&,
COUPm' OF LOS ANGELES , STATE OF CAUFOAHIA
SCALE: 1' • 400' W.O. 2003-1T
H&A LEGAL No. 7478 SHEE.T 3 OF 3
DONATION TRACT
XHlHl~' A G-54
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Exhibit 5: Location of the Filiorum Tract within the Zones ofthe Landslide Moratorium Area
:I?Zd UPPER ALIORUM ACQUISITION PARCEL
!...ANOSUOE MORATORIUM AREA ZONES 1, 2
~ l.ANOSUOE MORATORIUM AREA ZONES 3, 4, 5, 6, 7,
-
e
G-55
Exhibit B: Upper Filiorum Parcel
'h
~ 1 • N{·';>·;.·:;· :~~ :~~--!. ~L.
; t-J ~·"-;:.~ -:::f'''/1. -~ ~~ 2 ..
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FILIORUM PARCEL
SCf.LE: I" •BOO' W.O. 2003-7T
Hl,_ LEGAl. No. 7470 SHEET 2 OF :2
FILIORUM PARCEL
G-56
RESOLUTION NO. 2009-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING THE GRANT OF FUNDS FROM THE STATE
COASTAL CONSERVANCY FOR THE ACQUISITION OF 160.5 ACRES OF
THE UPPER FILIORUM PROPERTY (WHICH IS ACCOMPANIED BY A
DONATION OF AN ADDITIONAL 30 ACRES OF SAID PROPERTY).
WHEREAS, the Legislature of the State of California has established the State Coastal
Conservancy ("Conservancy") under Division 21 of the California Public Resources Code, and
has authorized the Conservancy to award grants to public agencies and nonprofit organizations
to implement the provisions of Division 21; and
WHEREAS, the Conservancy awards grants for projects that it determines are consistent
with Division 21 of the Public Resources Code and with the Conservancy's Strategic Plan and
that best achieve the Conservancy's statutory objectives, in light of limited funding.
WHEREAS, at its September 24, 2009 meeting, the Conservancy adopted a resolution
authorizing a grant in the amount of $5.5 million to the City of Rancho Palos Verdes ("Grantee")
for the acquisition of 160.5 acres of the Upper Filiorum Property (which is accompanied by a
donation of another 30 acres of said Property) for the Rancho Palos Verdes NCCP ("the
Project"). The resolution was adopted by the Conservancy pursuant to and is included in the
Conservancy September 24, 2009 staff recommendation, a copy of which is on file with the
Grantee and with the Conservancy.
WHEREAS, the Conservancy requires that governing body of the Grantee certify through
a resolution that it approves the award of Conservancy grant funding and authorizes the
execution by a representative of the Grantee of a grant agreement on terms and conditions
required by the Conservancy and authorizes the execution of a grant agreement in substantially
the form of the agreement attached as Exhibit 1 to this Resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS:
1 . The City Council hereby approves the award of grant funding from the Conservancy
for the Project.
2. The City Council hereby acknowledges that it has or will have sufficient funds to
complete the Project and to operate and maintain the Property.
3. The City Council hereby agrees to provide any funds beyond the Conservancy grant
funds necessary to complete the Project.
4. The City Council hereby agrees to be bound by all terms and conditions of the grant
agreement and any other agreement or instrument as may be required by the Conservancy and
as may be necessary to fulfill the terms of the grant agreement and to complete the Project.
5. The City Council hereby authorizes City Manager Carolyn Lehr, Director of Planning,
Building and Code Enforcement Joel Rojas, and City Attorney Carol Lynch or any person
holding any of those positions with Grantee to act as a representative of Grantee, to negotiate
G-57
on behalf of Grantee and to complete the Project and to comply with the Conservancy's grant
requirements, and hereby further authorizes the Mayor of the City of Rancho Palos Verdes, and
in the Mayor's absence, the Mayor Pro Tern of the City of Rancho Palos Verdes, to execute on
behalf of the Grantee this Resolution and all agreements and instruments necessary to
complete the Project, including, without limitation, the grant agreement.
PASSED, APROVED AND ADOPTED this 1 th day of November 2009.
ATTEST:
Is/ Carla Morreale
City Clerk
I s/ Larry Clark
Mayor
I, the undersigned, hereby certify that the above Resolution No.2009-83 was duly adopted by
the grantee by the following roll call vote:
Ayes:
Noes:
Absent:
1187373-1
Dyda, Long, Stern, Wolowicz and Clark
None
None
cPaz&L;Jf~
City Clerk
Resolution No. 2009-83
Page 2 of 2
G-58
e
STATE OF CAUFORNIA ·DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receMng payment from the State of California In lieu of IRS W-8 )
STD. 204 (RevtMd 08108)
f""'"ffi""'''"'"''''' 'iN"iTiiucnciNS:c"c;;;;p;i~"liik.f;;;;;u;;;;;;·ii;i;;;;~ .. s~~."d;t-;:-;;;j·;;h;;;;·i;u;St.d;·;g;;;;;y"i~~-;m;;;;~ -·;·u;;~ciu:a ~:--1
Prompt ratum of INa lully c:ompi•Wd form wll prevenl delay~~ when procealng paymenta. lnformallon provided In IIU form 11ot11 btl UHd by 51-.lgnllu 10 JIIWII8I1I I
0
[!]
PLEASE
CHECK
ONLY
ONE BOX
THAT
CORRESPONDS
TO THE
PAYEE !
BUSINESS I
TYPE
~
AddiUonel
Certified as
0
PAYEE
RESIDENCY
STATUS
rn
I
i [!]
I I
I
[ ..................................
lnbnnallon ReUn8 ( 1 01111). S.. ,._ llldlllor mDI'lllnlormalon 111d Pllvllc:y Slat•rnenL I
PAYEE 'S LEOAL BUSINESS NAME (Type of Print) !AGREEMENT NO.: 09-004
! City of Rancho Palos Verdes i
BOLE PROPRiETOR· ENTER NAME AS SHOWN ON SSN (Lui, Fll'lt, M.l.) IE.f!WL ADDRESS !
_J
MAIUNO ADDRESS BILUNO ADORES& I
I
I
i
30940 Hawthorne Boulevard i
CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE I Rancho Palos Verdes, CA 90275
l
PAYEE ENTITY TYPE CORPORATION (C): NOTE: I
D PAR~ERBHIP (P) 0 LEGAL (e.g., 11tomey •ervtcul
Payment will not
! 0 EX!MPT(I"'Cqqi''ftt) beproceuld
D ESTATE OR TRUST (E) :g( ALL OTHERS Without en
ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): 19 1 5 1 " 12 1 8 1 6 1 7 1 8 1 7 1 2 1 I
(Requllwd field • II dlglta ) accomPIInylng
D INDMDUAL OR SOLE! PROPRIETOR (I) taxpayer I.D.
I!Nl9 IOCIAL IECURilY NUMIII!R ( R8quiiH • 10 dlglla) I I I 1-1 I 1-1 I I I I
{SSN requlrld by authority of Callfomla Revenue and Til( Code Section 18&46) number.
PI••·•• check one box • Fed Tax ID Ia not required for Governmen .. l ~·
D FEDERAL ( 2) D SCHOOL DISTRICTS, PUBUC COMIII8810N,
0 STATE, CSU & CSU TRUSTEE ( 3)(1'1NN-ontl REGENTS I UC'S ( I) (PIMM aiM
~CITY or COUNTY ( 4) (PioaH-ono) D OTHER: I
D SMALL BUSINESS or DISABLED VETERAN BUSINESS Certlftcatlon No.:
ENTERPRISE (PieaH circle one 1nd tn .. r OSDS Certlftcallon (SBE or DVBE) i
E{ Ctllfornla Rnldent. Qulllfied to do buelneuln C.Hfomla or melni8Jn• • pem111nent plsoa or buslneu in C.llfomle. i
I D Clllfo!nla nonl'lllidlnt <-rever~~ 11de) • Paymenta 10 nonretldenla lbr eervlce1 may be eubjact 10 Stete Income tax
withholding.
I D No eervtou performed In C.lllbmla.
0 Copy ol Frenchlee TIIX Bollrd waiver of Sill .. withholding atteched.
I hereby c•rtlfy under penelty of perjury tMt the lnfom111tlon provlclecl on this document II true 1ncl correct.
Should my retldency •talul chllnge, I will promptly notify the State agency below.
. r;~:~;YE/f)R;J:Z'I NAME (Typew~) Q;;~~.JF~ ~
'9.-rr I
~d DATE fLEPHONE !
lD·1~9 ~0 • .$_~. c-.;, 0
Plene return completed rorrn to:
DepertmentiOiflce: STATE COASTAL CONSERVANCY
-~-~··-~ ---···~---~ ·--······ ... --·-------
MtlllngAdd,...: 1330 BROADWAY, 13th F~OOR -·-·-.... " _______
City/SUite/Zip: SJAKLAND, CA 94612-253Q ______ .
Telephon•: 510-286-1015 FIIX: -----··--· .. ··--· -·---·. ---------
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Resolution No. 2009-83
1 of 57
G-59
STATE OF CALIFORNIA· DEPARTMENT OF FINANCE
PAYEE DATA RECORD
STD.204 (08108)
ReaulrJment to Complete Pam Data Record. STD. 204
1 A completed Payee Data Record, STD. 204, Is required for payments to all non-governmental entitles and will be kept on file at each State agency.
Since each Stale agency wtth which you do business must have a separate STD. 204 on file, Ills possible for a payee to receive this form from
various State agencies.
Payees who do not wish to complete the STD. 204 may elect to not do business with the State. If the payee does not complete the STD. 204 and the
required payee data Is not otherwise provided, payment may be reduced for federal backup withholding and nonresident State Income tax withholding.
Amounts reported on Information Returns (1099) are In accom,ance with the Internal Revenue Code and the California Revenue and Taxation Code.
I--::2:-+-----------------------·--------------------····---·-
Enter the payee's legal business name. Sole proprietorships must also Include the owner's full name. An Individual must list his/her full name. The
mailing addreas should be the addresa at which the payee chooses to receiVe correspondence. Do not enter payment address or lock box Information
here.
3
Cheek the box that corresponds to the payee business type. Check only one box. Corporations must check the box that Identifies the type o
corporation. The State of California requires that al parties entering Into business transactlona that may lead to payment(&) from the State provide
their Taxpayer Identification Number (TIN). The TIN Is required by. the,.Callfomla Revenue and Taxation Code SEction 18646 to facilitate tax
compliance enforcement activities and the preparation of Form 1099 and 6ther Information returns as required by the Internal Revenue Code Section
6109(a). ,
The TIN for Individuals and sole proprietorships Ia the Social Sa~ Number (SSN). Only partnerships, estates, trusts, and corporaliona will enter
their Federal Employer Identification Number (FEIN).
4 Ate vou a California !'!tldant ·or non!'!tldaot?
A corporation will be defined as a "resident" If It has a permanent place of business In California or Is qualified through the Secretary of State to do
business In California.
A partnership Is considered a resident partnership If It has a permanent place of bualneas In California. An estate Ia a resident If the decedent was a
California resident at Ume of death. A trust Is a resident If at least one trustee Ia a California resident.
For Individuals and sole proprietors, the term "resident" Includes every Individual who Is In California for other than a temporary or transitory purpose
and any Individual domiciled In California who Ia absent for a temporary or transitory purpose. Generally, an Individual who comes to California for a
purpose that will axtend over a long or Indefinite period will be considered a resident. Howaver, an IndiVIdual who comes 19 Perform a partlcular
contract of short duration will be consldared a nonresldant. ·,
Payments to ell nonresidents may be subject to withholding. Nonresident payees performing services In California or receiving rent, lease, or royal~
payments from property (real or personal) located In California will have 7% of their total payments withheld for State Income taxes. However, no
withholding Ia required If total payments to the payee are $1,600 or leas for the calendar year .
For Information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900
For hearing Impaired wtlh TOO, call: 1-800-822-8268
E-mail address: wsca.gen@ftb.ca.gov
Website: www.ftb.ca.gov 6 " ·-·-·--·
Provide the name, UUe, signature, and telephone number of the Individual completlng this form. Provide the date the form was completed.
-~--·-··-·----·-------------·-------------·--~-----------·
This section must be completed by the State agency requesting the STD. 204.
Pdy,.cy Statement .•
-. . I
• • • I I f l' ,_.1 •" ' • /o' I ' 1.\ ... ', • o •,_ I,
Section 7(b) of the Privacy Act of 1974 (Public Law 9~-579) requires that any federal, State, or local governmental agency, which requests an
Individual to disclose their aoclal security account number, shall Inform that IndiVIdual whether that dlsclosu.re Ia mandatory or volurttaty. by which
statutory or other a4tho~ euch nil'!'~"r Is soUclted, and what ua~s. ~~~.!:'&.made of lt. · ,. :·.' ·~
Ills mandatory to furnish the lnformaUon requested. Federal law requires that payment for which tha requested Information Is not provided Ia subject
to federal backup withholding and State law Imposes noncompliance penalties of up to $20,000.
You have the right to access records containing your personal Information, such as your SSN. To exercise that right, please contact the business
services unit or the accounts payable unit of the State agency(les) with which you transact that business.
All quesUons should be referred to the requesting State agency listed on the bottom front of thle form .
Resolution No. 2009-83
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~
STAJC OF CALIFORNIA e AGREEMENT NWBER I AM.NO. ~YANDARDAGREEMENT
Std. 2 (Grant • Rev 08/08)
09-004
TAXPAYERS FEDERAL Eloi'I.OYER
IDENTIFICATION NO.
95-2867872
THIS AGREEMENT, made and entered into this day of .2009,
In the State of California, by and between State of California, through Its duly elected or appointed, qualified and acting
TITlE OF OFFICER ACTING FOR STATE
Executive Officer
8Pw.IE
City of Rancho Palos Verdes
y
State Coastal Conservanc , hereafter caUed the Conservancy, and
, hereafter called the Grantee.
The Grantee, for and In consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed,
does hereby agree as follows:
SCOPE OF AGREEMENT
Pursuant to Chapter 8 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the
Conservancy") hereby grants to the City of Rancho Palos Verdes (''the grantee") a sum not to exceed $5,500,000
(five million five hundred thousand dollars), subject to the tenns and conditions of this agreement The grantee
shall use these funds to acquire approximately 160.5 acres of real property known as the Upper Filiorum property
(consisting of Assessor's Parcel No. 7581-023-029 and a portion of Assessor's Parcel Number 7581-023-034)
(collectively referred to here as "the real property"), located in Los Angeles County, State of California and
depicted on Exhibit B as the Filiorum Parcel, which i~ incorporated by reference and attached.
The real property is-being acquired for habitat and resource protection, open space preservation, and (to the extent
compatible with habitat and resource protectio~) public access (''the acquisition purposes.)"
(Continued on following pages)
The provisions on the following pages constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
ENCY
State Coastal Conservanc
BY (Authorllld Slgnarurt)
IS
EAN. 8
Samuel Schuchat Executive Officer
RE 8 PHONE
1330 Broadway, 13th Floor
Oakland, CA 94612 Phone: 510 286-1015
AMOUNT ENCUMBERED BY
THIS DOCUMENT
NJ
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
FUND TITLE
Phone:
Safe Drinkin Water... I certify thllt lhla agl8ement f-.:i:iih:m.......n........;.;..-"------------'-..:.....;......;.;.. __ .;_,jii~...;.:..;.;;.;;,;.;,;,._-1 Ia exempt from Department
p NT
ENCUMBERED FOR THIS
AGREEMENT
$-0-
TOTAL UHT
ENCUMBERED TO DATE
$5,500,000.00
r Filiorum
IW'TER STA1UTE FISCAl.
171 2007 07/08
of Gene1111 Servlcea
approve I.
1 horeby certify upon my own personal knowledge that budgeted funds are ava//eb/e for the pertod end purpose of the
expe ltu tatad above.
PROJECT MANAGER STATE AGENCY esolution No. 2009-83
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09~004 City of Rancho Pal. erdes
Grant Agreement No. 09-004
Page2
SCOPE OF AGREEMENT (Continued)
The grantee shall provide any funds beyond those granted under this agreement which are
needed to complete the acquisition of the real property.
CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT
The grantee shall not acquire the real property and the Conservancy shall not be obligated to
disburse any funds under this agreement until the following conditions precedent have been met:
1. The City Cotincil of the grantee has adopted a resolution authorizing the execution of this
agreement and approving its terms and conditions.
2. The Executive Officer of the Conservancy ("the Executive Officer") has reviewed and
approved in writing:
a All title and acquisition documents pertaining to acquisition of the real property,
including, without limitation, an appraisal, a preliminary title report, agreement for
purchase and sale, escrow instructions, environmental documentation or hazardous
materials assessment, and intended instruments of conveyance
b A plan for the installation of signs on the real property as provided in the ''SIGNS"
section,_ below.
c A signed and acknowledged Irrevocable Offer to Dedicate Title in Fee, approved by the
Executive Officer, that serves to permanently dedicate the property for the acquisition
purposes. This instrument shall be recorded concurrently with the instrument conveying
title to the real property to the grantee.
3. The purchase price of any interest in land purchased under this agreement may not exceed
fair market value as established by the approved appraisal.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all "CONDITIONS PRECEDENT TO ACQUISITION
AND DISBURSEMENT" have been fully met, the Conservancy shall disburse funds, not to
exceed the amount of this grant, as follows:
The purchase price, plus closing costs consisting of escrow, recording and title insurance
fees, to the extent not included in the purchase price, shall be disbursed directly into an
escrow account established for the acquisition . ·
Resolution No . 2009-83
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0~-004 City of Rancho Palo~erdes
Grant Agreement No. 09-004
Page3
COSTS AND DISBURSEMENTS (Continued)
The grantee shall request disbursement for the acquisition by sending a letter to the Conservancy.
The grantee shall include in the letter the name and address of the grantee, the number of this
agreement, the date and amount to be disbursed, and a description of the items for which
disbursement is requested. Additionally, the letter shall include the name, address and telephone
number of the title company or escrow holder and the escrow account number to which the funds
will be disbursed. The letter shall be signed by an authorized representative of the grantee.
Failure to send the required letter will relieve the Conservancy of its obligation to disburse funds.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and received
in the offices of the Conservancy together with the resolution described in "CONDITIONS
PRECEDENT TO ACQUISITION AND DISBURSEMENT' section of this agreement. An
authorized representative of the grantee shall sign the first page of the originals of this agreement
in ink.
The term of this agreement shall run from its effective date through December 31, 2029 (''the
termination date").
COMPLETION DATE
The grantee shall complete acquisition of the real property no later than December 31, 2009,
(''the completion date").
Prior to the completion date, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
If the Conservancy terminates prior to the completion date, the grantee shall take all reasonable
measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for
any reasonable and non-cancelable obligations incurred by the grantee in the performance of this
agreement prior to the date of the notice to terminate; but only up to the unpaid balance of
funding authorized in this agreement. ·
AUTHORIZATION
The signature ofthe Executive Officer on the first page of this agreement certifies that at its
September 24, 2009 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit A. This agreement is executed under that authorization.
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0~-004 City of Rancho Palv erdes
Grant Agreement No. 09-004
Page4
Standard Provisions
ESSENTIAL PROVISIONS OF OFFER TO DEDICATE
The Irrevocable Offer to Dedicate Title in Fee by which the grantee permanently dedicates the
property for public or conservation purposes shall include the following essential provisions:
1. The real property was acquired by the grantee with a grant of funds from the State Coastal
Conservancy, an agency of the State of California, for the purposes of habitat and resource
protection, open space preservation, and (to the extent compatible with habitat and resource
protection) public access No use of the real property inconsistent with these purposes is
permitted.
2. Mitigation. Without the written permission of the Executive Officer, the grantee shall not
use or allow the use of any portion of the real property for mitigation (in other words, to
compensate for adverse changes to the environment elsewhere. In providing permission, the
Executive Officer may require that all funds generated in connection with any authorized or
allowable mitigation on the real property shall be remitted promptly to the Conservancy.
3. The real property (including any portion of it or any interest in it) may not be usCd as security
for any debt without the written approval of the State of California, acting through the
Executive Officer ofthe Conservancy, or its successor. ·
4. The real property (including any portion 'ofit or any interest in it) may not be transferred
without the approval of the State of California, through the Executive Officer of the
Conservancy, or its successor.
5. The grantee is obligated to use, manage, operate and maintain the real property as described
in the ''USE, MANAGEMENT, OPERATION AND MAINTENANCE" section of
California State Coastal Conser-Vancy Grant Agreement No. 09-004, as it may be amended
from time to time.
6. The Conservancy shall have reasonable access to the real property to monitor compliance
With the essential provisions stated above.
7. If the existence of the grantee ceases for any reason or if any of the essential provisions
stated above are violated, all of the grantee's right, title and interest in the real property shall
automatically vest in the State of California for the benefit of the Conservancy or its
successor, upon acceptance of the real property and approval of the State Public Works
Board. However, the State, through the Executive Officer of the Conservancy, or its
successor, may designate another public agency or a nonprofit organization to accept the
right, title and interest, in which case vesting shall be in that agency or organization rather
than in the State.
Resolution No. 2009-83
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09,-004 City of Rancho Palo~ erdes
Grant Agreement No. 09-004
PageS
-ESSENTJ:AL:-PRGVISieN8-0F OFFER TO DEDICATE (Continued)
8. The grantee shall promptly notify the Conservancy of any eminent.domain (public taking)
proceeding affecting the real property, or any portion of it, and shall continuously provide the
Conservancy with copies of all relevant documents. If the grantee receives any "just
compensation" payment as a result of the proceeding, whether by agreement of the parties or
by court order, then the grantee shall promptly pay to the Conservancy a share of the
proceeds proportionate to the Conservancy's contribution towards the purchase price of the
real property.
9. The offer is irrevocable.
SIGNS
The grantee shall install and maintain one or more signs visible from the nearest public roadway
identifying the real property, acknowledging Conservancy assistance and displaying the
Conservancy's logo and directing the public to the real property. The Conservancy shall provide
to the grantee specifications for the signs. The grantee may incorporate the reqUired information
· into other signs as approved by the Executive Officer. In special circumstances, where the
placement of signs or the general specifications are inappropriate, the Executive Officer may
approve alternative, more appropriate methods for acknowledging the sources of funding. The
grantee shall submit plans describing the number, design, placement and wording of the signs, or
the s~ifications of a proposed, alternative method.
USE. MANAGEMENT. OPERATION AND MAINTENANCE
The grantee shall use, monitor, manage, operate and maintain the real property in a manner
consistent with the acquisition purposes. The grantee further assumes all monitoring,
management, operation and maintenance costs associated with the real property, including the
cost of ordinary repairs and replacements of a recurring nature, and costs of enforcement of
regulations. The Conservancy shall not be liable for any costs of monitoring, management,
operation or maintenance. The grantee shall refrain from developing or otherwise using any
other property it owns or controls near the real property in a manner that interferes with or
inconveniences the use, management, operation or maintenance of the real property or detracts
from the acquisition purposes. The grantee may be excused from its obligations for
management, operation and maintenance only upon the written approval of the Executive Officer
of the Conservancy or its successor.
Mitigation. Without the written permission of the Executive Officer, the grantee shall not use or
allow the use of any portion of the real property for mitigation (in other words, to compensate for
adverse changes to the environment elsewhere). In providing permission, the Executive Officer
may require that all funds generated in connection with any authorized or allowable mitigation
on the real property shall be remitted promptly to the Conservancy.
Resolution No. 2009-83
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G-65
09-004 City of Rancho Pal,Verdes
Grant Agreement No. 09-004
Page6
LIABILITY
The grantee shall be responsible for, indemnify and save hannless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages or costs, including,
without limitation litigation costs and attorneys fees resulting from, growing out of, or in any
way connected with or incident to this agreement, except for active negligence of the
Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save
hannless includes ~e duty to defend as provided in Civil Code Section 2778. This agreement
supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and
contribution (see Gov. Code Sectio~ 895.6) as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents or employees, for any liability resUlting from,
growing out of, or in any way connected with or incident to this agreement.
AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, "records'')
relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting
Principles" ("GAAP") published by the American Institute of Certified Public Acco\llltants. The
records shall include, without limitation, evidence sufficient to reflect properly the amount,
receipt, deposit, and disbursement of all funds related to the acquisition, use, management,
operation and maintenance of the real property. The grantee shall maintain adequate supporting
records in a manner that permits tracing of transactions from the request for disbursement forms
to the accounting records and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to
performance of the agreement. The grantee shall provide the Conservancy or its agents with any
relevant information requested and shall permit the Conservancy or its agents access to the
grantee's premises upon reasonable notice, during normal business hotirs, to interview
employees and inspect and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the records related to the acquisition for three years following the date of
final disbursement for the acquisition by the Conservancy. All other records shall be retained by
the grantee for three years following the later of final payment and the final year to which the
records pertain. The records shall be subject to examination and audit by the Conservancy and
the Bureau of State Audits during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all subcontractors.
Resolution No. 2009-83
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09-004 City of Rancho Palotlt erdes
Grant Agreement No. 09-004
?age 7
AUDITS/ACCOUNTING/RECORDS (Continued)
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
NONDISCRIMINATION CLAUSE
During the performance of this agreement, the grantee and its contractors shall not unlawfully
discriminate against, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, ethnic group
identification, physical disability (including lflV and AIDS}, mental disability, medical
condition, marital status, age (over 40) or sexual orientation (Government Code section 12940).
The grantee and its contractors also shall not unlawfully deny a request for or take unlawful
action against any individual because of the exercise of rights related to family-care leave
(Government Code sections 12945.1 and 12945.2). The grantee and its contractors shall ensure
that the evaluation and treatment of their employees and applicants for employment are free of
such discrimination, harassment and unlawful acts.
Pursuant to Government Code section 12990, the grantee and its contractors shall comply with
the provisions of the Fair Employment and Housing Act (Government Code section 12900 et
seq.) and the applicable regulations (California Code of Regulations Title 2, section 7285.0 et
seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor
Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 ofthe California eode of
Regulations) are incorporated into this agreement by this reference.
The grantee and its contractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement. This
nondiscrimination clause shall be included in all contracts and subcontracts entered into to
perfonn work provided for under this agreement.
INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of the State of
California. ·
ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this agreement
in whole or in part.
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09-004 City of Rancho Paflv erdes
ofant Agreement No. 09-004
Page 8
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have authority
to act on behalf of the Executive Officer with respect to this agreement. 11te Executive Officer
shall notify the grantee of the designation in writing.
AMENDMENT
No change in this agreement shall be valid unless made in writing and signed by the parties to
the agreement. No oral understanding or agreement not incorporated in this agreement shall be
binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
Resolution No. 2009-83
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COASTAL CONSERVANCY
· · · --· ----Staff Recommendation
September 24, 2009
RANCHO PALOS VERDES NCCP:
UPPER FILIORUM ACQUISJTION
File No. 05-071-02
Project Manager: Bob Thiel
RECOMMENDED ACTION: Modification of prior Conservancy authorization to disburse up
to $5,500,000 to the City of Rancho Palos Verdes to acquire 160.5 acres of the Upper Filiorum
Property to help implement the City's Natural Communities Conservation Plan.
LOCATION: City of Rancho Palos Verdes, Los Angeles County
PROGRAM CATEGORY: Reservation of Significant Coastal Resource Areas
EJ{HIBITS
Exhibit 1: September 25. 2008 staffrecornmendation
Exhibit 2: Aerial photo ofFiliorum -and Donation Tracts
Exhibit 3: Site map
Exhibit 4: Filiorum and Donation Tract boundaries
Exhibit 5: Location of Filiorum Tract within Landslide Moratorium Area
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31350-31356 ofthe Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
$5,500,000 (five million five hundred thousand dollars) to the City of Rancho Palos Verdes to
acquire approximately 160.5 acres of the Upper Filiorwn Property known as the Filiorwn Tract
(consisting of Los Angeles County Assessor Parcel Number 7581-023-029 and a portion of APN
7581-023-034) on the Palos Verdes Peninsula in Los Angeles County to protect significant
coastal resource areas. This authorization is subject to the following conditions:
1. Prior to the disbursement of funds for acquisition, the City of Rancho Palos Verdes
(the City) shall submit for the review and approval of the Executive Officer of the
Conservancy all relevant acquisition documents, including but not limited to the
Page 1 of 10
Resolution No. 2009-83 IT 'll
11 of57 'EXHlH R
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e e
UPPER FILIORUM ACQU/Sri'ION
appraisal, environmental assessments, agreement of purchase and sale, escrow
instructions, and docwnentS of title necessary to the acquisition. ----·-------· -
2. ·The City shall pay no more than fair market value for the property.
3. The City shall permanently dedicate the property for habitat and resource protection,
open space preservation, and public access (to the extent compatible with habitat and
resource protection) in a manner acceptable to the Executive Officer.
4. The City shall ackriowledge Conservancy funding by erecting and maintaining on the
Filiorum Tract, or at another approved location, a sign that has been review-ed and
approved by the Executive Officer.
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed authorization is consistent with the purposes and objectives of Chapter 8 of
Division 21 of the Public Resources Code (Sections 31350-31356) regarding reservation of
significant coastal resource areas.
2. The proposed authorization is consistent with the current Project Selection Criteria and
Guidelines."
PROJECI' SUMMARY:
This project would provide funds to the City of Rancho Palos Verdes (the "City) to acquire
approximately 160.5 acres of the Upper Filiorwn property (the "Filiorum Tract") in order to
implement the City's Natural Communities Conservation Plan. As part of the transaction, the
seller will donate the remaining 29.4 acres of the Upper Filiorum property (the "Donation
Tract"), resulting in conservation of 190 acres of undeveloped property on the Palos Verdes
Peninsula for habitat and open space preservation and limited compatible public access.
On September 25, 2008, the Conservancy authorized a grant of up to $5.5 million to the City to
enable it to purchase the entire 190-acre Upper Filiorwn Property, as well as an adjacent 27-acre
site, known as the Plwntree property, for which the City held an option to purchase (see Exhibit
1). The state's funding crisis and resulting freeze on state bond funds, however, prevented the
City from closing on either acquisition by the March 30, 2009 deadline imposed in its original
purchase and sale agreement. The City has now renegotiated the acquisition with the seller.
Although the City has lost the opportunity to purchase the Plumtree property, its new agreement
with the seller allows the City to acquire, through purchase and donation, the entire Upper
Filiorum property at a savings of $2.7 million over the purchase price in its earlier agreement.
The current project would involve the City's purchase of 160.5 acres of the Upper Filiorum
property, consisting of Los Angeles County Assessor Parcel Number 7581-023-029 and a
portion of APN 7581-023-034, outlined on Exhibits 2 and 4 as ''the Filionun Tract." The
purchase price for that acreage will be $6.5 million. The Filiorum Tract is located on the hillside
above Palos Verdes Drive South and owned by the seller, York Long Point Associates, L.P.
Simultaneously with the close of escrow on the City's purchase, the seller would donate to the
Page 2 of10
G-70
• UPPER FILJORUM ACQU/Sff/ON
City the Donation Tract, the remaining 29.4 acres of the Upper Filiorum property, which consists
of APN 7572-002-022 and a portion of APN 7581-023-034. In return, the seller would receive
certain mitigation credits for the potential residential development of an adjacent property that is
located outside of the City's NCCP Preserve.
The Filiorum Tract is located below the southern end of Crenshaw Boulevard. The Donation
Tract is located southeast of the Filiorum Tract, near Plumtree Road and Cinnamon Lane (see
Exhibits 2 and 3). Because of severe slopes, about 107 acres total of both Tracts is zoned Open
Space Hazard, a designation that generally permits only limited recreational use without
permanent structures. The balance of each Tract is zoned residential: about 70 acres total of both
Tracts is zoned RS-1 (one unit per one-acre lot), while the remaining 13 acres is zoned RS-2
(which pennits two residences per one-acre lot).
The revised project differs from the previously approved project in both the amount of acreage
that the City would acquire for inclusion in the Palos Verdes Nature Preserve and the price it
would pay to acquire· the Upper Filiorum site. The project that was originally reviewed by the
Conservancy a year ago involved the City's outright purchase of the entire Upper Filiorum
property for $9.2 million, along with its option to purchase the smaller Plumtree property for
$3.0 million. This staffrecommendatlon updates the previous Conservancy authorization to
reflect the revised transaction.
As with the earlier project, this acquisition would co~mect two reserve components of the City's
Palos Verdes Nature Preserve (the Preserve), a 1,400.:acre preserve that is being assembled under
a plan being prepared UDder the state's Natural Communities Conservation Planning (NCCP)
Act. (See the maps and photos attached as exhibits to Exhibit 1 ). The Upper Filiorum property
would link the Three Sisters Reserve on the west with the Portuguese Bend Reserve to the east
and provide a critical linkage between habitats that support the California gnatcatcher, Palos
Verdes blue butterfly, and other special status species. Upper Filiorum is the last major segment
of private property for acquisition and inclusion in the Preserve UDder the City's draft NCCP
plan. The plan originally identified Upper Filiorum, the 423-acre Portuguese Bend (or Hon)
property, and the 43-acre Agua Amarga Canyon parcel as the major private lands to be
purchased for the Preserve. The latter two properties were both acquired by the City in 2005,
with Coastal Conservancy and other funding. · ·
The City would acquire and own the 190 acres of the Upper Filiorum Property and add it to the
Preserve. Concurrently with the acquisition, the City would grant a conservation easement over
the property in favor of the Palos Verdes Land Peninsula Land Conservancy (PVPLC), which
has entered into an interim agreement with the City to manage the Preserve. The conservation
easement would identify the California Department of Fish and Game as a third party beneficiary
to enforce the provisions of the easement.
The City and the owner of the Upper Filiorum property have entered into a purchase and sale
agreement, under which the City is to purchase the Filiorum Tract for $6.5 million and the seller
will donate the Donation Tract to the City in return for certain mitigation credits on the potential
development of adjacent property. In addition to the propOsed Conservancy funding for this
project, the City will contribute $600,000 for the acquisition, with the $4op,ooo balance of the
purchase price provided by the Palos Verdes Peninsula Land Conservancy and private donors
Page 3 of 10
Resoluti~'l8ft~T A
13 ots7 Z.AD.lD
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UPPER FILIORUM ACQUISITION
(See the "Project Financing" section below).
The September 25, 2008 staff recommendation (Exhibit 1) outlines the development ofthe City's
NCCP Preserve program, as well as the legal basis for that effort. It also describes the Upper
Filiorum site and environmental setting, as well as the habitats and ecological communities that
the City and its partners are seeking to conserve through this acquisition. The following section
describes the changes to the project and the circumstances that generated them.
SUPPLEMENTAL PROJECT HISTORY
Within weeks after the Conservancy authorized funding for the Upper Filiorum and Plumtree
acquisitions last September, two events altered the dynamics of the project. The first was a court
decision invalidating certain land-use restrictions on the Palos Verde§ Peninsula. The second
was the State's freeze on bond funding.
The Monks decision:
The Portuguese Bend section ofthe Palos Verdes Peninsula has an extensive history of unstable
soil conditions, active landslides and other mass movement. In 1978, the City adopted a
moratorium on the construction of new homes in the vicinity of a recent landslide, but
established a process to allow owners of undeveloped lots to seek an exclusion from the
moratorium. At the suggestion of the City's geologist, the City divided the moratorium area into
eight separate zones, which differ in their geologic stability and in their proximity to active
landslide areas. Zone 1---in which the Upper Filiorum and Plumtree properties are located--
consists of 550 acres at the top of the moratorium area and was characterized by the City's
geologist in 1993 as one "unaffected by large historic landslides ... " Located below Zone 1 is
Zone 2: 130 acres that he similarly described as ''unaffected by large historic landslides." In
contrast, the remaining zones located to the south and east of Zones 1 and 2 encompass the areas
of active or recent landslide activity (see Exhibit 5).
In 2002, the City amended the moratorium ordinance to clarify the geologic standard that must
be satisfied for a landowner to develop property within any of the Zones. Several owners of
residentially-zoned vacant lots in Zone 2---some of whom had been waiting decades for approval
to build homes on their properties.;...·then sued the City, alleging inverse condemnation under the
takings clause of the California constitution. After five years of litigation that included two trial
court decisions and an intervening appellate court ruling, the Second District Court of Appeal
found for the property owners, concluding that the City's moratorium deprived them of all
economically beneficial use of their property and as a result constituted a permanent ~g.
[Monks' v. City of Rancho Palos Verdes, 167 Cal.App 4th 263, 84 Cal.Rptr.3d 75 (2008).]
The lower court had held that the City's ordinance was reasonable on several groulids, but the
Court of Appeal disagreed. The trial court had found that the moratorium was not ''permanent,"
since the plaintiffs could have sought an exclusion from the moratorium through the city's
administrative process, albeit only by proving the stability of geologic conditions across all of
Zone 2 through extensive (and extremely expensive) geotechnical studies. The appellate court
said such an exercise was futile, since ''the plaintiffs should not be required to pay between
$500,000 and $1 million to conduct a study in an attempt to prove what the city would not
Page 4 oflO
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believe." The trial court had also held that City was justified under state nuisance law in
responding to the risk of significant land movement by restricting development in the
·moratorium area; -Butthe-€-ourt of Appeal-said-that-for-the eity·to prevail on those grounds, it
would have had to demonstrate that the construction of homes on plaintiffs' lots would pose a
significant harm to persons or property, which the City had failed to do.
Block glides, such as those on the Palos Verdes Peninsula, the Court of Appeal said, are "large
blocks of earth that me»ve slowly along a single plane" and generally present no risk of harm to
people. According to the Court of Appeal, the City had not argued that construction on
plaintiffs' lots was likely to damage the property of others or to cause a block glide by
weakening the stability of Zone 2. The Court of Appeal also found that the evidence at trial
failed to establish a reasonable probability of personal injury or property damage, other than the
possibility that the homes the plaintiffs wanted to build could be damaged in the distant future-
damage that could then be repaired. The appellate court noted that the City's own conduct in
approving additions to existing homes in Zone 2 from 1988 to 2005 was inconsistent with its
assertion that construction on the plaintiff's lots would be detrimental to public safety. As a
consequence, the Court of Appeal said, '[t]he risk of property damage and personal injury ... is
not sufficient in any practical sense to justify applying the moratorium to plaintiffs • lots."
Although the City appealed the decision of the Court of Appeal, the Supreme Court of California
__ de_~ned..tn..remw it.. . . . ·-·--_ . . . . . __ . . __ . . _
The Monks decision had immediate implications for the City's proposed acquisition of the Upper
Filiorum and Plumtree properties. First, it called into question the development potential of
property located within the moratorium area, which had usually been considered to be severely
limited . By doing so, it also called into question assumptions about the value of that pro~rty.
Second, the Monks decision caused the seller of the Upper Filiorum and Plumtree properties,'
York Long Point Associates L.P., to reevaluate the economic wisdom of selling the Plumtree
property to the City for inclusion in the Preserve.· If the moratorium ordinance constituted a
permanent taking as applied to property within Zone 2, then it seemed likely that a court would
apply a similar reasoning to property within Zone 1, further removed from any known historic
landslide activity, where the Upper Filiorum and Plumtree properties were both located.
The State bond freeze
On December 18, 2008 (a day after the state Supreme Court declined to review the Monks
decision) the state Department of Finance issued a budget letter (08-33) directing all state entities
with expenditure control over bond-funded programs to suspend projects funded with state bond
monies and to "cease authorizing any new grants or obligations for bond projects, including new
phases for existing projects." That order effectively froze or blocked much of the funding which
the City was relying on to buy the Upper Filiorum and Plumtree properties.
As the September 25,2008 staff recommendation outlines, the City had planned to use not only
the Coastal Conservancy grant, but also $2.0 million in USFWS funds from the Wildlife
Conservation Board to help fund the acquisitions. The budget letter directive froze the Coastal
Conservancy's contribution; it also prevented the WCB (which had not yet authorized its
funding) from considering its grant to the City. The bond freeze thus created a serious dilemma
for the City: its purchase and sale agreement with the seller required the City to close on the
Page 5 of 10
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purchase by March 30, 2009. But with state funds frozen, the only alternatives available were
foundation and other private monies, which the City and the PVPLC weren't able to .raise in
time-:-· When· the purchase and · sakn1greement expired, the seller withdrew both its offer to sell
the Upper Filiorum property to the City for $9.2 million, as well as the City's option to purchase
the Plumtree property for $3.0 million.
After failing to close on the acquisitions by March 30, the City began a new round of discussions
with the seller to secure a feasible alternative to the original project. By that time, the seller had
concluded that, in light of the Monks decision, it could probably obtain development entitlements
on the Plumtree lots and as a result, the value of those lots was much greater than the $3.0
million for which it had previously offered to sell the property to the City. The City ultimately
concluded that the seller's new asking price (or the Plumtree property greatly exceeded the
property's potential habitat value for the Preserve. And so the parties focused instead on
renegotiating a riew agreement for only the Upper Filiorum property.
The revised purchase and sale agreement
The City and the seller have negotiated a new agreement under which the City is to purchase the
160.5-acre Filiorum Tract for $6.5 million on or before December 31, 2009. At the closing, the
seller will then donate to the City the 29.4 acre Donation Tract. The seller, which has filed an
application with the City for residential development on the Plumtree property, will then be
credited with mitigation for the loss of potential habitat as a result of any such development. The
City, DFG and USFWS have evaluated the amount of coastal sage scrub and grassland habitat
that would be lost if the Plumtree property were completely developed and have detennined that
the dedication of the 30-acre. Donation Tract would fully mitigate for the loss of habitat present
on the Plumtree property. The terms of the purchase and sale agreement provide that the seller
would not be required in the future to donate additional land or money for conservation purposes
to compensate for the loss of habitat on the Plumtree property as a result of its development.
Because the seller's permit applications are subject to discretionary review, however, the
agreement is not a guaranty that York Long Point will be allowed to develop the Plumtree
Property or that the City would not require any additional mitigation or dedication of land for
other purposes, such as conditioning seller's project on installation of a new fire access road.
The parties have also had the l)pper Filiorum property reappraised as of June 30, 2009. The
appraisal includes the agreed and supportable assumption that the re~oning in the Monks
decision would extend and apply to properties within Zone 1 (which is further distant from
historic landslide activity) and, as a result, permit a landowner to pursue development approvals
under the City's standard discretionary-review processes.
PROJECT FINANCING:
Coastal Conservancy
City of Rancho Palos Verdes
Palos Verdes Peninsula Land Conservancy and
private donations
Total project cost
Page 6 of 10
$5,500,000
600,000
400,000
$6,500,000
Resolution No. 2009-83
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UPPER FILIORUM ACQUISO'ION
The anticipated source of funds for this project is an appropriation to the Conservancy from
Proposition 84---the Safe Drinking Water, Water Quality and Supply, Flood Control River and
Coastal Protection Bond Act of2006 (Public Resources Code Sections 75001 et seq). Consistent
with the purposes specified in Section 75060 of that bond act, the acquisition of the Upper
Filiorum property would protect natural habitat values of coastal lands on the Palos Verdes
Peninsula, as well as promote access to arid enjoyment of the coastal resources of the state.
In evaluating acquisition projects for the purpose of natural resource protection under
Proposition 84, the Conservancy is directed by Section 75071 of the bond act to give priority to
projects that meet one or more of the five criteria specified in Section 75071. Acquisition of the
Upper Filiorum property by the City would meet at least three of those criteria:
1. "Prop~rties that link to, or contribute to linking, existing protected areas with other
large blocks of protected habitat ... " [§7507l(a)]. As discussed above, the acquisition of the
Upper Filionun site would provide the necessary connection between the 98-acre Three Sisters
Reserve with the 423-acre Portuguese Bend Reserve.
2. "Properties that support relatively large areas of under-protected major habitat types"
[§75071(c)]. The proposed acquisition would help protect an important segment of coastal sage
scrub, an ecological community whose losses in Southern California have exceeded 90 percent
of its original extent.
3. "Properties for which there is a non-state matching contribution toward the acquisition,
restoration, stewardship or management costs." [§75071(e)]. As shown above, the local and
private contribution towards these acquisitions would represent more than 15 percent of the
purchase price.
As also mandated by Section 75071(f) of the bond act, Conservancy staff has submitted to the
Resources Agency, and has posted on the Conservancy's website, an explanation of how the ·
proposed acquisitions meet the criteria established in Section 75071.
CONSlSTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
As discussed in the earlier staff recommendation (Exhibit 1), funding for the acquisition ofthe
Upper Filiorum property is consistent with Chapter 8 of the Conservancy's enabling legislation,
Division 21 of the Public Resources Code (Sections 31350-31356), regarding reservation of
significant coastal resource areas.
CONSISTENCY WITH CONSERVANCY'S 2007
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
The proposed project would be consistent with the goals and objectives of the Conservancy's
2007 Strategic Plan, as described in the September 25, 2008 staff recommendation (Exhibit 1).
Page 7 of 10
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CONSISTENCY WITH CONSERVANCY'S CLIMATE-CHANGE POLICY
The proposed project is consistent with Coastal Conservancy Policy Statement on Climate
Change, adopted on June 4, 2009, which recognizes that "protection, restoration, and
enhancement of habitats, ecosystem processes, and open space is essential to minimizing threats
from global wanning to California's biodiversity ... " By securing a significant linkage between
existing habitat areas on the Palos Verdes Peninsula, the proposed acquisition will protect
potential migration corridors, promote the survival of listed and other native species and
biodiversity, and help preserve key ecosystem processes within the Preserve.
In addition, the Policy directs Conservancy staff to consider climate change in evaluating which
projects to fund and the manner in which projects are selected. Staff has taken into account the
relevant considerations in connection with its proposal for funding the acquisition of the Filiorum
Tract, as detailed in the "CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION
CRITERIA & GUIDELINES" section, below.
CONSISTENCY WITII CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The September 25, 2008 staff recommendation (Exhibit 1) discusses in detail how the proposed
acquisition ofthe Upper Filiorum property is consistent with the Conservancy's Project Selection
Criteria and Guidelines, dated September 20, 2007, that then applied to the project. The Coastal
Conservancy Policy Statement on Climate Change and revised Project Selection Criteria,
adopted by the Conservancy on June 4, 2009, include three new criteria intended to address
greenhouse gas emissions, vulnerability to sea level rise and other climate change impacts. The
revised project is consistent with each of those three new criteria, as well as each of the criteria
that were reviewed in the earlier staff recommendation:
Required Criteria
Sea level rise vulnerability: The elevation of the Upper Filiorum site ranges from 475 feet
above mean sea level (MSL) along its southern boundary to 11 00 feet above MSL in its
northeastern comer. As a result, the property is not located in an area considered vulnerable to
future sea level rise by the end of this century.
Additional Criteria:
Minimization of greenhouse gas emissions: The proposed project involves only a transfer of
title to existing open space and would therefore not directly contribute to the generation of
greenhouse gas emissions. As this report discusses in more detail in its section on "Consistency
with CEQA," the preservation of the Upper Filiorum property as habitat and open space will help
sequester carbon on the Palos Verdes Peninsula, although in amounts that are difficult to
estimate at this time.
Vulnerability from climate change impacts other than sea level rise: In preparing and
implementing their final Subarea Management Plan for the property, the City and its project
partners on the Palos Verdes Preserve intend to adopt robust adaptation measures and strategies
to address potential impacts of climate change. Those measures will include monitoring change
in the landscape over time, managing and eradicating invasive species, and implementing an
Page 8 of 10
Resolution No. 2009-83
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UPPER FILIORUM ACQU/Sf/'ION
extensive adaptive management plan, particularly for the state-and federally-listed species that
are the focus of the Subarea Plan.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
Although located outside the designated Coastal Zone within the City of Rancho Palos Verdes,
acquisition of the Upper Filiorum property would be consistent with the mandates of the Coastal
Act and the City's Coastal Specific Plan, as discussed in the September 25,2008 staff
recommendation (Exhibit 1).
COMPLIANCE WITH CEQA:
As specified in the earlier staff recommendation (Exhibit 1 ), the acquisition of the Upper
Filiorum property is categorically exempt from review under the California Environmental
Quality Act (CEQA) pursuant to Sections 15313 and 15325 of 14 Cal. Code of Regulations
(CCR). Section 15313 exempts acquisition of lands for fish and wildlife conservation purposes
and for preserving access to public lands and waters where the purpose of the acquisition is to
preserve the land in its natural condition. The proposed project is similarly exempt pursuant to 14
CCR Section 15325 because it involves a tranSfer of ownership in order to preserve existing
natural conditions and open space.
Those exemptions are applicable to this project, even after analysis of any potential impacts
relating to climate change. Recent legislation, an Attorney General's opinion, litigation and both
interim CEQJ,\ guidance and proposed CEQA guidelines all demonstrate that any CEQA analysis
by the Conservancy must now consider the climate change-related impacts of a project. In this
instance, it is clear that the proposed project would not involve the generation of greenhouse gas
emissions that could have a significant effect on the environment.
The proposed project involves only the acquisition of the Upper Filiorum property by the City.
It does not include any construction, restoration or similar alterations to the landscape that might
directly or indirectly involve the generation of greenhouse gas emissions. It is possible that the
transfer of the Upper Filiorum site into public ownership could increase the attractiveness, and
thus the potential use, of the informal social trails that are now on the property, and as a result
increase the number of vehicle trips to the Preserve over those that are now made by ·visitors to
the Preserve. But such an increase is very speculative and its extent cannot be reasonably
calculated at this time. And the incremental contribution of any such trips and their effect on
GHG emissions would not be cumulatively considerable, based on standards of practicality and
reasonableness.
Even under a worst-case analysis, this project is carbon newral. Any resulting increase in
greenhouse gas emissions that might result, directly or indirectly, from this acquisition would be
offset 'by the ability of the vegetation on the site to sequester carbon, although the sequestration
potential of the site is difficult to forecast at this point. The City has not yet mapped or cataloged
the vegetation communities of the Upper Filiorum site in any precise way. In addition, there
does not appear to be any generally-accepted formula for calculating the carbon sequestration
rates of coastal sage scrub communities. But by preserving the site as habitat and open space---
Page 9 oflO
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UPPER FILIORUM ACQUISITION
and by protecting it in perpetuity from any future development---the City's acquisition of this
property will contribute to the .long-term reduction of overall emissions in the region.
Upon Conservancy approval of the proposed authorization, staff will file a Notice of Exemption
for the project.
Page 10 of 10
Resolution No. 2009-83
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Exhibit 1: September 25, 2008 Staff Recommendln
COASTAL CONSERVANCY
Staff Recommendation
September 25, 2008
RANCHO PALOS VERDES NCcP:
UPPER FILIORUM AND PLUMTREE ACQUISmONS
File No. 05-071-02
ProjectManager: Bob Thiel.
RECOMMENDED AcriON: Authorization to disburse up to $5,500,000 to the City of
Rancho Palos Verdes to acquire the 191-acre Upper Filiorum property and 28-acre Plumtree
property on the Palos Verdes Peninsula to assist in implementing the City's Natural
Communities Conservation Plan.
LOCATION: City ofRancho Palos Verdes, Los Angeles County
PROGRAM CATEGORY: Reservation of Significant Coastal Resource Areas
EXHIBITS
Exhibit 1: Project Location
Exhibit 2: Regional Maps
Exhibit 3: NCCP Preserve Design Map
Exhibit 4: Map of Upper Filiorum and Plumtree Sites
Exhibit 5: Natural Vegetation and Sensitive Species Map
Exhibit 6: Aerial and Site Photos
Exhibit 7: Project Letters
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31350-31356 ofthe Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
five million five hundred thousand dollars ($5,500,000) to the City of Rancho Palos Verdes to
acquire approximately 191 acres known as the Upper Filiorum property (consisting of Assessor
Parcel Numbers 7581-023-029 and 7572-002-022 and a portion of APN 7581-023-034) and
approximately 28 acres known as the Plumtree property (consisting of APN 7572-010-023 and a
portion of APN 7581-023-034) on the Palos Verdes Peninsula in Los Angeles County to protect
significant coastal resource areas. This authorization is subject to the following conditions with
\ ....
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G-79
Exhibit 1: September 25, 2008 StaffRecommendation
respect to the acquisition of each of the properties:
1. Prior to the disbursement of funds for acquisition, the City of Rancho Palos Verdes
(the City) shall submit for the review and approval of the Executive Officer of the
Conservancy all relevant acquisition documents, including but not limited to the
appraisal, environmental assessments, agreement of purchase and sale, escrow
instructions, and documents of title necessary to the acquisition.
2. The City shall pay no more than fair market value for the property.
3. The City shall permanently dedicate the property for habitat and resource protection,
open space preservation, and public access (to the extent compatible with habitat and
resource protection) in a manner acceptable to the Executive Officer.
4. The City shall acknowledge Conservancy funding by erecting and maintaining on the
Upper Filiorum and Plumtree properties, or at another approved location, a sign that
has been reviewed and approved by the Executive Officer."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby fmds that:
1. The proposed authorization is consistent with the purposes and objectives of Chapter 8 of
Division 21 ofthe Public Resources Code (Sections 31350-31356) regarding reservation of
significant coastal resource areas.
2. The proposed authorization is consistent with the current Project Selection Criteria and
Guidelines.n
PROJECT SUMMARY:
This project would provide funds to assist the City of Rancho Palos Verdes in acquiring
approximately 219 acres of undeveloped property on the Palos Verdes Peninsula for habitat and
open space preservation and limited compatible public access, in support of the City's Natural
Communities Conservation Planning effort.
The project would involve the purchase of two properties located on the hillside above Palos .
Verdes Drive South, which are now held in common ownership:
(a) The Upper Filiorum property, a 191.2-acre site consisting of APNs 7581-023-029 and
7572-002-022 and a portion of APN 7581-023-034.
(b) The adjacent Plumtree I Cinnamon Lane property, consisting of a 27.42 acre estate
homesite and .82-acre developable lot (APN 7572-010-023 and a portion of APN
7581-023-034) which are referred to here collectively as ''the Plumtree property."
The acquisition would connect two reserve components of the City's Palos Verdes Nature
Preserve (the Preserve), a 1,400-acre preserve that is being assembled under a draft subarea plan
that the City has prepared under the state's Natural Communities Conservation Planning (NCCP)
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. ·I
Exhib~ September 2S, 2008 S~Recommen~
Act. (See Exhibit 3). This project will complete the acquisitions which the plan has proposed for
the Preserve. (Once known as ''the Portuguese Bend Nature Preserve," the name of the Preserve
was recently changed to the Palos Verdes Nature Preserve).
As shown on Exhibit 4, the Upper Fi.liorum property and the downslope Plumtree site, whose
northern boundary abuts that of the Upper Filiorum site, would link the Three Sisters Reserve
(once known as the Barkentine property) on the west with the Portuguese Bend Reserve to the
east. Acquisition of these sites is considered critical for the long-term protection of coastal sage
scrub habitat--habitat that supports the California gnatcatcher, Palos Verdes blue butterfly and
other special status species. Their inclusion in th~ ~serve would also provide trail connections
and habitat linkages to other components of the Preserve.
The Upper Filiorum property is the last major segment of private property targeted by the draft
NCCP subarea plan for acquisition and.inclusion in the Preserve. The plan originally identified
Upper Filiorwn, ~e 443-acre Pp11Qguese Bend (or }Jon) pfOperty, and the 43-acre Agua Amarga
Canyon parcel as ~e Qtajor privat~ lands to be purchased fo,.-.the Preserve. the latter two
properties were both acquired by the City in 2005, with Coastal Conservancy and other funding.
In May 2008, the City. and th~ oWRerS of the l..Jgper Fili9rum ~d Plumtree properties entered
into a purchase and sale agreefllent. under which the City is to acquire the Upper Filiorum
property for $9.2 imilli~m. A ~nt appraisal of the . Upper FJlioi')Jm property. now under review
by the Department of General Services, appraises the fair market value of the property at $9.5
million. The agreement also gives the City the option to purchase the Plumtree property for $3.0
million, an amowt which a recent app~~ ofth~ property h~ determined to be its .fair market
value. The agreement specifies th~ the close ofescr.ow is to .occur by December 31,2008, but
may be extended to March 31, 2009, to allow the Ci~ to secure funding for t;tte purchase.
In addition .to the proposed Conservancy funding for this.project, the City anticipates receiving a
$2 million grant from the Wildlife Conservation .Board of federal funds that have been set aside
for this acquisition by the US Fish and Wildlife Service. The City will contribute $613,000 for
the acquisition, with the balance of the purchase price (about $4.09 million) provided by the
Palos Verdes Peninsula Land Conservancy and private donors (See the "Project Financing"
section below).
Under the proposed project, the City would acquire and own the land. Following the acquisition,
the City would grant a conservation easement over both properties in favor of the Palos Verdes
Land Peninsula Land Conservancy (PVPLC), which has entered into an interim agreement with
the City to manage these and other units of the Preserve. The conservation easement would
identify the California Department of~ish and Game (DFG) and the US Fish and Wildlife
Service (USfWS) as third party beneficiaries to enforce the provisions of the conservation
easements.
The PVPLC, USFWS and DFG have been working with the City for more than a decade to
develop and implement an NCCP subarea plan that would provide for comprehensive
conservation and management of multiple species within the City's portion ofthe Palos Verdes
Peninsula. As the principal feature of that plan, the Preserve is designed to conserve regionally
Resolution No. 2009-83
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Exhibit 1: September 25, 2008 Staff Recommendation
I
important habitat areas and provide habitat linkages to benefit sensitive plants and wildlife.
The plan has been written under the provisions of the state's Natural Communities Conservation
Planning Act of 1991' (California Fish and Game Code Seetion 2800 et seq), which promotes the
preparation of subregional and subarea plans that address conservation and management on an
ecosystem scale, wb.ile accommodating compatible land use and development. The intent of the
law is to overcome -~e llntitations of the single-species, project-by-project approach to
conserVation by planning proactivel}l and1 comprehensiv.ely for the management and conservation
of ~ul~ple speeie·s, lnc~uai~~ lhO'se ·lls~eii under sta~·ur federal ·enal\ngered specieS· tegislati'on.
An N'cCP ptan is to provide for the tegional protecti.dn ofbii>diveJ'SitY by stm:ing aside enough
land to conserve intact ecosystems and their ·aq;enllerit!piecles .. In .exehange, fiielJlan·defmes
with area.\er certainty where development would be allowed to occur, particularly on other
property~~t ·m_, ~~.,,., .. ~is~ ~-~pbj:.~··td~e~.i-~~ti~~ ~·~-~itio~ ha .. b~ta .. tfo~:a,r~. ·_icular species.
The NCCP pr~~~ ~ J?_tesents an 'e.ffoi'Mo -~ecohede ·some of the .eomf!ton eonfl1CU ·between
wildlife consetvltto . . a tina Wc!Ve~oph\~1\t;. At tho 'tiriie it wu·crC!llte'd; ootlht·o-wtopment ·
intere'm ~d tb:~~c()n' 'ati(jn :cd~ftYhaabecoine fncrelislng1y dissatiSfted witlHhe·reliance
on a~en~,Y,. ~.9.~~':'ltAti~~~.~~-~~~fJIF,~~~ies . ~~~.l~t .~~-~serv~~on plans to ,a,ddress concerns ov~r
sens1tive ~~) 1~o"tHe;~velH~rtt.el¥l'CO~ltyfaitl~g ·ei\\fsri'gereli ~ics1 olf the-b8s1s
of one. pr<;.eet'~f.h ~~CIIl:a~:~~f;es'saril~reo'Stty ,' buroensOttte; and unjndUctable. To
consel"dt'ti6n ·gtdup!; ~lt~f~k tSifl~1the ~~aAts-'M fndlvidUa:J :prtijd'ets"faited ius •prevent the
fragmeit 1'tioii ol'il"l~liai'~r~~~r.-r· ~·:r-... . ... · . .
J' ~ • • "'"•~: ·•r-f't ~)VI i ~ ... .,. ~~(;-:.;;1~-' I •• • • •• • ...,
... • I •• '. ' -' ,, I • ' -;.• . ' ...... ,. ' I ). . • '• , I . •
The N_CCP .P.r9~e9j ~\~pj>.~~fd '~~-ben~t 1~d6Wn'6f.S by -o~rtrtg a: mo~ ·streantlined. ·
predictalile ~1~'at~ey,· Wi~~~bfi :' ~~e~~t!lpr~j~b~-~~projeot; ,spee_ies by-~~~e~t review
under state ana~ltetat(Qidilri~eted ·specielstafutcs I~ be 'rcpiacei:l.'by comprehensive plans fur
an e~tire region tQ_at ~stablish where development would be allowed to occur and under what
cond.lff,ohs. 'W (W~~1tWi~~rif~~ri~: on ·~~di1ef If~ a; the' ~CCP'f}fogr~ o'ffe~, flf~ prospect of
greater ~tedict4~~rltx '~d 'cti~~·?~~r :lanil develt>pm~nt'l~ t~ )uri~dictJon, as we.U 1as ~~-,
mechan1sn1 to a.Sse~'tiJe lil'odtvedtfy resei'Ves tliSt aan · atso provide 'Ofjen spaCe, aesthetiC and
recreational ~~eti~-·
Although created bi state law, the NCCP program has been a joint state and federal effort; state
and federal wildlife ~gencies collaborate in overseeing the planning process so that the plans can
be approved shni.tlt4'freously ~dei"the state NCCP act and 'the HCP provisions ·ofthe·federal
Endangered SpecieiA.ct. But Gecause one of its goals is to promote coordination among local
government, devcHn'pers, landowners, environmental groups, and other stakeholders in
developing and implementing its plans, the NCCP program depends on the cooperation of a
number of diverse interests.
In Southern California, where most of the state's NCCP plans have been written, many (such as
the Rancho Palos Verdes effort) have focused on coastal sage scrub communities and protection
of the coastal California gnatcatcher. Since the gnatcatcher is dependent on coastal sage scrub
habitat and nearly 80 percent of the remaining coastal sage scrub habitat in Southern California
. occurs on private land, these plans confront the conflicts of development-versus-wildlife in fairly
stark terms. Yet the resulting NCCP plans in San Diego, Orange, Los Angeles, Riversid~ and
-, ,,,
Resolution No. 2009·83
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Exhib,.: September 25, 2008 StaffRecommend.n
San Bernardino counties have created reserves with large blocks of habitat and sought to protect
or recover the connections between fragmented natural areas across a 6,000 sq mile area with 18
million people in one ofthe most heavily urbanizing areas in the country.
The draft Palos Verdes subarea plan, which was approved by the Rancho Palos Verdes City
Council in 2004, focuses on the federally-listed, endangered Palos Verdes blue butterfly, the
endangered El Segundo blue butterfly, the threatened coastal California gnatcatchcr, and Lyon's
pentachacta (an endangered plant), as well as the cactus wren (a state species of concern) and
·seven plant species cited by the California Native Plant Society as rare, threatened, endangered
or of limited distribution in the state. ·
The City's primary conservation strategy under the plari is to acquire several key privately
owned parcels -that are deemed regionally significant, dedicate selected City-owned lands to the
Preserve, and then have the Palos Verdes Land Conservancy manage the ten Reserve
components of the Preserve with the assistance ofthe City and the two wildlife agencies. The
Preserve has been designed to conserve the most practicable amount of regionally-important
habitat and provide adequate linkages between patches of conserved habitat. The City and the
PVPLC also intend to restore certain habitat areas within the Preserve, emphasizing areas that
would enhance habitat patch size and habitat linkage function. The restoration plan is to be
developed by the PVPLC in consultation with. the City and the wildlife agencies, focusing on
restoration of coastal sage scrub, cactus scrub, and Palos Verdes blue butterfly habitat.
The City and the PVPLC are also jointly developing a Public Use Master Plan (to be approved
by the CitY Council and the two wildlife agencies} to address such issues as public access,
trailhead locations, parking, trail use, fencing, and fire and brush management. Nearly 40 miles
of informal trails exist within the Preserve, although only the Forrestal ReserVe has a designated
trails system with names and uses for each trail segment. As a result, the proposed Conservancy
authorization will help enhance public access to and along the coast, in addition to protecting
important coastal habitat and linkages. Informal trails on the two acquisition sites will connect
with trails on adjoining properties to become part of the trail network that will be dedicated to
public use within the Preserve.
Site Descrlptloa:
The City of Rancho Palos Verdes is home to significant areas of undisturbed coastal sage scrub
in the Portuguese Bend area and in scattered patches Qf its coastal bluffs and canyons. Its
coastline is also important to the seasonal migration of many bird species along the Pacific
Flyway. The ecology of the Palos Verdes Peninsula (which in recent geologic time was actually
an island) often bears striking relationships with that ofthe Channel Islands; in fact, the
Peninsula is home to a number of resident plant and bird species that are otherwise endemic only
to the Channel Islands. As the City's Coastal Specific Plan points out, "[t]hese similarities
between the flora and fauna of the Peninsula and the Channel Islands make the natural vegetation
ofRancho Palos Verdes a natural biological research laboratory for the study ofgeographical
isolation and evolutionary change in species, island biogeography and ecological relationships,
and many other topics of interest to scientists."
The Palos Verdes Nature Preserve offers a diverse topography that varies from relatively flat
Resolution No. 2009-83
25 of 57 ft! y j.l 1 11.1 1 · rJ1 j G-83
Exhibit 1: September 25, 2008 Staff Recommendation
lowland areas above steep coastal bluffs in the south to very steep slopes, ridgelines and gullies
on the slopes to the north. Elevations range from approximately sea level along the coastal edges
ofVicente Bluffs, Abalone Cove and Ocean Trails to approximately 1,300 feet above mean sea
level (MSL) at the northern-most parcel, Vista del Norte. Adjacent land uses include single-
family residences on most sides, open space, the Pacific Ocean to the south and west, and two
coastal golf courses near the western and eastern ends of the Preserve.
Dominant species in #J.e Preserve area include California sagebrush, Califomia ·encclia,
lemonadeberry, ·ashy-leaf and California buckwheat, coyote bush, California ~e~rt thorn, black
and purple sage, goldenbush, laurel sumac, and coast cholla •. A 20'06 plant survey identified over
260 plant species wi~~n_the .Pres~rve,.almos~ halfofwh.ic~ ~ n"tive to the region. F<?cused
wildlife. surveys ba_v.e do<;umQntea 270 co~ Califom\a gnatcatchers, lnCiudir:Jg 72 breeding
pairs, residing iJ_l th~ P-re~erv~. . ·., ·
One of the riaajor eeofogical objectives fbr creating the Preserve isthe recovery of the Palos
Verdes blUe bu~rtly '(Giautopsychi1lygdaimi8 f>dlo-r,erdeaewais);:"&: rare subspecies ·of the silvery
blue bu~Hly. -Its lifeSpan is extrell'iely short, abd its habitat is resti'icted'to,open coastal sage
scrub tlult' supj)ortS cftlier ocean rrillJc vefch ot~eerweetl;-whicb are' the y.v blue butterfly's larval
food plantS.· ~ltlit,luglrhi8tbtical cicurtefices-Gf.the PV blue butterfly :have·included a·number of
Jo_cations'.iti'the Pi'~setv~, currentiy the ·~~ies 'is known to occur biily·at'several isolated sites in
the region, incfullltig1:tie Naval Fuel.Dej)ot in •S8n•Pedto. A captive bteed'ing progriun at
Maarpafk-GaUege--is-underway-ta-reintreduoothe·P-V blue .. hutterfly to-seleeted-sites-in the
Preserie. ~ · ' · · ' · · · · ·
The 191-acre Upper Fnto'ftim ·property-the 1larger and more significant ofthe,two ·properties
prop'o~ for acqui~itiod:.-.is.located south and stnrthwest afthe southem end of Crenshaw
Boulevard and thb north si de ofVanderlfp Rdid:· The pr'oporty''iS boTdered by residential estate
subdivi!!loits on th'e-nott:tt: ~pen HHIS1deito 'th:e·west and>!fast, and· the pr·ware PortUguese Bend
Community A5soci'ation on the south.· The hortheast comer ofUppet FHionun is'adjacertt to the
17-acre Del Cerro Buffet; another component of the Preserve· that acts' as an ecological buffer to
the City's Del Cerro Park.
The Upper Filiorum property is characterized by gentle to steeply sloping terrain, ranging in
elevation from about 1100 feet above mean sea level (MSL) in the northeast section ofthe
property to 475 above MSL in the southern portion of the site. The 28-acre Plumtree site is
located downslope and adjacent to that property. Surface drainage on both properties flows
generally south toward the Pacific, wh'ich is located less than a mile away. Although freshwater
springs are known to exist in some portions of Upper Filiorum, there are no surface water bodies
on the property. Two prominent natural drainages cross portions of the site, and the property
offers excellent panoramic views of the coastline, the Pacific, and Catalina Island more than 30
miles away. As shown on Exhibit 5, the principal vegetation communities on the Upper
Filiorum property are grassland, southern cactus scrub, and both undifferentiated and California
sagebrush (Artemisia)-dominated coastal sage scrub.
According to a 2000 Phase I Environmental Site assessment, much of the Upper Filiorum
property was once utilized for agriculture, as evidenced by air photos dating back to 1928.
Agricultural uses decreased over time and more recently the property has been in open space,
Resolution No. 2009-83
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Exhib" September 25,2008 Staff Recommend&
with a portion occasionally used for equestrian purposes. No other land uses are known to have
occurred on the site. About halfofthe property is zol"!ed RS-1 or RS-2 (single family
residential). The greater Portuguese Bend area ofthe Palos Verdes Peninsula is known for
. unstable soil conditions most notably manifested by earth movement, and all but approximately
15 acres of the Upper Filiorum property is included in a landslide moratorium area.
Project History
As noted above, the state's Natural Communities Conservation Planning (NCCP) Act of 1991
provides for the preparation and implementation of large-scale natural conservation plans. The
purpose of these plans is to identify and provide for the area-wide protection of natural wildlife
diversity, while allowing for compatible and appropriate development and growth. Because of
the relatively high concentration of coastal sage scrub habitat in the City, and the growing
intensity of development pressures on these areas, in 1996 the City entered into a planning
agreement with DFG and the USFWS to develop an NCCP subarea plan that would encompass
the entire City. As an initial step, the City (as lead agency) was required to develop a landscape-
scale database of biological resource and land-use information that would allow the City and the
wildlife agencies to make informed land-use and conservation decisions about future projects.
Since that time, the City and its partners have mapped existing vegetation communities, along
with sensitive species distributions and their potential habitat, and applied that information to
develop alternative designs for a proposed preserve. From three preliminary design alternatives
presented to the City Council and the public in 2000-2001, the City selected a new alternative in
2002 as the basis for the plan. The Draft NCCP Subarea Plan was completed and made available
to the: public in June 2003, and a draft and then final EIR was prepared and adopted to assess the
environmental impacts of implementing that plan. The Draft Subarea Plan, which was adopted
by the Council in 2004, outlines the proposed NCCP Preserve, how the Preserve will be
assembled and managed, and how much the implementation of the Plan would cost.
The Subarea Plan establishes actions the City will take to obtain Section 1 O(a) take
authorizations for covered speeles under the federal Endangered Species Act, including current
and future management, maintenance and compatible uses of covered lands, as well as funding .
for habitat management. The plan also identifies the process for mitigating· development on any
habitat that is not to be conserved, and how permits and take authorizations will be obtained for
covered species.
The draft Subarea Plan, along with a draft implementing agreement among all four partners and a
proposed preserve management agreement between the City and the PVPLC, is now under
review by and discussion with DFO and USFWS. The City hopes to complete the NCCP by the
end ofthis year, with a target date of March 2009 for final approvals by the City, PVPLC, CDFO
and the USFWS.
The creation ofthe City's NCCP Preserve relies on the dedication of existing public land and the
acquisition of certain private holdings. To that end, the City and PVPLC have been successful in
acquiring considerable acreages of privately held open space to create the Preserve. In December
2005, the City obtained title to 458 acres of additional lands---the Portuguese Bend and Agua
Resolution No. 2009-63
27of57 ~A.HJ.HJ 'I' A G-85
Exhibit 1: September 25, 2008 Staff Recommendation
Arnarga Canyon properties--for dedication into the Preserve. With those acquisitions, the City
currently owns 1,138.33 acres (or 80 percent) of the 1,428.27 acres that have been targeted to
become the Preserve. The two acquisitions being proposed here would complete the Preserve.
The Coastal Conservancy has been an active partner in these efforts for more than a decade. In
March 1997, the Conservancy authorized a grant of$400,000 to the Wildlife Conservation Board
toward the acquisition of the 163-acre Klondike Canyon property, which is now known as the
Forrestal Reserve. And in October 2005_, the Conservancy approved a grant of$1,550,000 to the
City to help acquire the Portuguese Bend and Agua Amarga Canyon Reserves. The
Conservancy has also contributed $100,000 to the renovation and development of the
interpretive c~nter at PVPLC's White Point Nature Preserve and recently awarded two other
grants to the PVPLC totaling more than $268,000 for habitat restoration projects at Point Vicente
Bluffs and McCarrell's Canyon.
PROJECT FINANCING:
Upper Flliorum acqulsitjoo
Coastal Con~81lcy
Wildlife C()nsetv.ation Board (USFWS funds)
City C?_f'R81lcho P~los Verdes
Ralos Verdes Peninsula Land Conservancy and
. private donations
Total
Plumtree acquisitio~
Coastal Conservancy
Palos Verdes Peninsula Land Conservancy and
private donations
Total
Total Project Cost
$4,787,000
2,000,000
613,000
1,800,000
$9,200,000
713,000
2,287,000
$3,000,000
$12,200;000
-·.!fhe anticipated source of funds for-this project ·is-an appropriation to-the-Conservancy from
Proposition 84-the Safe Drinking Water, Water Quality and Supply, Flood Control River and
Coastal Protection Bond Act of2006 (Public Resources Code Sections 75001 et seq). Consistent
with the purposes specified in Section 75060 ofthat bond act, the acquisition of the Upper
Filioru~ and Plumtree properties would protect natural.habitat values of coastal lands on the
Palos Verdes Peninsula, as well as promote access to and enjoyment of the coastal resources of
the state.
In evaluating acquisition projects for the purpose of natural resource protection under
Proposition 84, the Conservancy is directed by Section 75071 of the bond act to give priority to
projects that meet one or more of the five criteria specified in Section 75071. Acquisition ofthe
Upper Filiorum and Plumtree properties by the City would meet at least three of those criteria:
Resolution No. 2009-83
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Exhib" September 25, 2008 Staff RecommendA
1. "Properties that link to, or contribute to linking, existing protected areas with other
rarge-blocks of protected habitit.:-:"[§75071(8)]: As discussed above, the acquisition ofthe
Upper Filiorum and Plumtree sites would provide the necessary connection between the 98-acre
Three Sisters Reserve with the 423-acre Portuguese Bend Reserve.
2. "Properties that support relatively large areas of under-protected major habitat types"
[§75071(c)]. The proposed acquisition would help protect an important segment of coastal sage
scrub, an C®logical community whose losses in Southern California have exceeded 90 percent
of its original extent.
3. "Properties for which there is a non-state matching contribution toward the acquisition,
restoration, stewardship or management costs." (§7507l(e)]. As shown above, the federal, local
and private contribution towards these acquisitions would represent about 55 percent ofthe
purchase price.
As mandated by Section 7507l(f) of the bond ac~ the Conservancy's staff has submitted to the
Resources Agency, and posted on the Conservancy's website, an explanation of how the
proposed acquisitions meet the criteria established in Section 75071.
-· eONSISTENCY WITH -CONSERVANCY'S ENABLING LEGISLATION:
The proposed project is consistent with Chapter 8 of the Conservancy's enabling legislation,
Division 21 of the Public Resources Code (Sections 31350-31356), regarding reservation of
significant coastal resource areas.
PRC §31350 vests in the Conservancy the authority to ensure the reservation of significant
coastal resource areas that would otherwise be lost to public use. Under Section 31351, the
Conservancy is to cooperate with other public agencies [such as the City of Rancho Palos
Verdes] to ensure the reservation ofsuch properties for park, recreational and wildlife habitat
purposes in order to meet the objectives of a certified local coastal plan or other local plan. As
discussed below under the section "Consistency with Local Coastal Program Policies," the
acquisitions of the Upper Filiorum and Plumtree properties would be consistent with the policies
ofthe City's Coastal Specific Plan (1978, its certified local coastal plan). Those acquisitions
would also help fulfill the objectives of the City's draft NCCP subarea plan.
-The proposed authorization would also be consistent with PRC §31352, which states that the
Conservancy may award a grant to a public agency for a purpoSe specified in Section 31351 if
(as is the case with this project) that agency is unable, due to limited financial resources, to
acquire such property. Without the Conservancy funding proposed here, the City would lack the
requisite funding to acquire the Upper Filiorum and Plumtree properties.
CONSISTENCY WITH CONSERVANCY'S 1007
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with Goal4, Objective A. ofthe Conservancy's 2007 Strategic Plan, the proposed
project would protect over 219 acres of significant coastal watershed lands. Consistent with the
strategies identified in the Strategic Plan, this project would connect existing protected lands to
provide large, contiguous blocks of habitat; protect habitat and wildlife corridors; and help
Resolution No. 2009-83 1
29 of 57 fi.:kH...LI).l.'(
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Exhibit 1: September 25. 2008 Staff Recommendation
implement a regional plan for natural resource protection. The City has been identified as an
appropriate entity to own the property. and the PVPLC has been identified as the appropriate
entity to manage it.
Consistent with Goall, Objective G ofthe Conservancy•s 2007 Stra,tegic Plan. the proposed
project would secure property that would facilitate development of inland connecting trails to the
Coastal Trail.
Consistent with GoalS, O~jective C ofthe Conserv.ancy's 2007 Strategic Plan, the proposed
project would preserve wildlife corridors between eore habitat areas along the coastal slopes of
the Palos Verdes Peninsula.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDEidNES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines, last updated on September 20, 2007, in the following respects:
. . ~ ·, .
1. Promotion oftne Conservancy's stafiiiory programs aad purposes: See the above
discussi()n,on "Consi~ency with Conservancy's Enabling Legisla~ion."
2. Consistency witb•purposes of the· fuaadiug source:1 See.the,"Project FinanciRg'' section
above.
3. Sappon ;onh~'publlc: Tli~ P~!e~ i~ suppo~d by ·Los Ailgelc:S "County Superv_isoi' Don
Knabe, State Se~~tor Edward Vmcent, State Senator Alan Lpwentbal, State Senator Jenny
Oropeia, Assembly Member Betty Kamette, and US Congressman Dana Rohrabacher, as
well as a number of environmental organizations, commuriity groups, and inland cities in the
South Bay region' of the Los Angeles Basin. Letters of support are provided in Exhibit 7.
4. · Location: Although the proposed project is located outside the Coastal Zone, it would
essentially complete the creation of the Palos Verdes Nature Preserve, which includes
numerous reserv~ compooents-that &Fe leeated-within the Coastal Zone (Exhibit 3). These
parcels include Shoreline Park, which includes·a coastal access trail and a planned segment
of the Coastal Trail. In addition, conservation of the Upper Filiorum and Plumtree properties
would benefit coastal resources by protecting coastal drainages and providing habitat to
·special status species that are dependent on areas in the Coastal Zone.
5. Need: Acquisition of the Upper Filiorum and Plumtree properties is needed to complete the
implementation ofthe City's NCCP and to provide a critical linkage between core habitat
areas that are already protected under the Plan. Without funding from the Coastal
Conservancy, this acquisition would not' be possible in time to exercise the City·'s rights
under its purchase and sale agreement with the sellers.
6. Greater-than-local interest: This project will add to and connect with other components of
the Palos Verdes Nature Preserve. The Preserve is the focal point for numerous nature walks
for the community, as well as science and natural history educational programs conducted by
Resolution No. 2009-63
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,)..· .. ._ .... --. . ..... G-88
Exhib" September 25, 2008 Staff RecommendA
the PLPVC in association with · regional K-12 schools, colleges and universities; it attracts
visitors from an ·over the 'Los Angeles area, a inetro.p61itan region of more than 17 million
people, particularly from inland communities in the South Bay area, many of which have
little or no park or open space. In addition, the Preserve provides critical habitat for a
number of special status species__.;.such as the California gnatcatchcr and Palos Verdes blue
butterfly--whose survival and recovery are of regional, statewide and national significance.
Addltioaal Criteria
7. Uraeacy: The City has been advised that ifthe purchase ofthe Upper Filiorurn property
does not occur soon, the City will risk losing $2 million of federal funds that were set aside
four years ago for this acquisition by the Fish and Wildlife Service. In addition, the Purchase
and sale agreement specifies that the acquisition must close no later than March 31, 2009.
8. Resolution of more t•aa oae Issue: Acquisition ofthe Upper Filiorum and Plumtree
properties will address coastal and watershed resource protection, habitat restoration,
endangered species recovery, and public recreation and access.
9. Leveraae: See the "Project Financing'' section above.
IO.Iaaovadon. The development and implementation ofthe City's NCCP Subarea Plan has
demonstrated an exemplary approach to protcct_ing a core of key coastal habitats in a rapidly
urbanizing area of Southern California.
11. Readlaesa: The City and the sellers have negotiated a purchase and sale agreement for the
properties and are prepared to close on their sale by the end ofthe First Quarter 2009 if
adequate funding can be secured.
11. Reallzatloa of prior Conservaacy aoals: For over a decade, the Coastal Conservancy has
been involved in helping purchase and protect components of the Palos Verdes Nature
Preserve. The Conservancy helped fund acquisition of the Forrestal Preserve with a grant to
the Wildlife Conservation Board in 1997, and it helped fund acquisition ofthe 424-acre
Portuguese Bend Preserve and 39-acre Agua Amarga Canyon Preserve with a grant to the
City in 2005. Since that time it has also provided grants to the PVPLC for development of an
interpretative center and several habitat restoration projects, including one at the Point
Vicente Bluffs Reserve. ·--~-··· _ ....
12. Cooperattoa: The Rancho Palos Verdes NCCP is a cooperative venture among the City of
Rancho Palos Verdes, the Palos Verdes Peninsula Land Conservancy, the California
Department ofFish and Game, and the US Fish and Wildlife Service.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
The proposed project is located outside the designated Coastal Zone within the City of Rancho
Palos Verdes, a narrow band that generally extends inland only to Palos Verdes Drive, the first
main thoroughfare along the City's 7.5 mile coastline. Acquisition ofthe Upper FilioNm and
Plumtree properties, however, would be consistent with the mandate in Section 30140 ofthe
Coastal Act to protect environmentally sensitive habitat areas. In addition, it would complement
protections mandated by the City's Coastal Specific Plan (1978; its local coastal plan) for
sensitive wildlife habitat, natural vegetation, and preservation corridors in the Coastal Zone. For
. ,; .. ResolutiUJt.tBJ. T .A
31 of57 ft
G-89
Exhibit 1: September 25, 2008 Staff Recommendation
RANCHO PALOS VERDES ACQUISITIONS
example, policy CRM-10 ofthat Plan specifies that "[t]the existing natural vegetation of Rancho
.Palos Verdes is a major component of the environmental character ofthe City. The open natural
hillsides are visibly apparent and create an atmosphere of a hilly rural community. The retention
ofwild flowers, low coastal sage scrub, chaparral, and grassland communities is desirable as is
revegetation with native _material wherever clearing ofvegetation is required."
COMPLIANCE WITH CEQA:
The acquisition of the Upper Filiorum property and the Plumtree property is each categorically
exempt from review under the California Environmental Quality Act (CEQA) pursuant to
Sections 15313 and 15325 of 14 Cal. Code of Regulations (CCR). Section 15313 exempts
acquisition of lands for fish and wildlife conservation purposes and for preserving access to
public lands and waters where the purpose of the acquisition is to preserve the land in its natural
condition. The proposed project is similarly exempt pursuant to 14 CCR Section 15325 because
it involves a transfer of ownership in order to preserve existing natural conditions and open
space. Upon Conservancy approval of the proposed authorization, staff will file a Notice of
Exemption for the project.
Page 12 of 12
. H
Resolution No. 2009-83
32 of 57 Elv ... ..... . G-90
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looking northwest
G-96
DANA ROHRABACHER
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FOREIGN AFFAIRS
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Exhi-: September 25, 2008 Staff RecommenAn
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Auguat 18, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25,2008 agenda
Dear Mr. Bosco:
WASHINGTON OFFICE:
2300 ....-.m-Offlcllullding
Wuhlnglon,. DC 2061H&411
(202122&-2.15 FAX: 1202122S-0146
DISTRICT OFRCE:
101 MallllkrMI. 6Uit• iiiO
Hundngtan Ieiah, CA 112&16-1118
I714IIIIIHI483 FAX: 1714118G-11111
I write to s.upport the efforts oftbe Plllos Verde.s Peninsu.l~ Land Conservlll)cy (PVPLC)
and the City of Rancho Palos Verdes to acquire 218 acres in the Portuguese Bend Nature
Reserve area. The property is comprised of 190 acres lmown as Upper Filiorum and 28
acres known as Plumtree. These two real properties will link existing areas already
preserved as the Nature Preserve.
The beauty ofthe Palos Verdes Peninsula is well-known to me. I am an alumnus ofPalos
Verdes High School, and my family and I resided in the area for many years. The Palos
Verdes spectacular coastline stretches along the Pacific to Huntington Beach and
comprises one of the more unique parts of my congressional district.
Acquisition ofthe 218 acres will provide contiguous land that will allow wildlife to move
freely through open spaces. Furthermore, native habitat will be restored to promote the
repopulation of sp~ies such as-the TBl'C Palos Verdes blue butterfly.
The Portuguese Bend Nature Reserve enjoys deep community support. Last year,
volunteers from the entire south bay area contributed over 9,000 hours ofwOik:. In 2005,
they raised over $4 .million to help acquire undeveloped land.
May I urge the Coastal Conservancy to support the. Rancho Palos Verdes acquisition so
that we may keep this marvelous, natural resource available to future generations?
Yours sincerely,
!J~~
Dana Rohrabacher
Member of Congress
ResolutiongJD-~ 39ofs78IT 6
G-97
STAiE CAPITOL FIC•VM 50!52
":!..1\CR~MENTO c-;A 9~814
TEr.. &916• 651 4025
E~it 1: September 25, 2008 StaffRecommen!on
F.:.. "a.. 1916•445 3712
' MANCHiiSTER BLVD STE GOO
o"<GLEWQOO. CA \)0301
Qlalifnrnia ~htil~ c~cnatc
SENATOR
EDWARD VINCENT
TWENTY·FIFTH SENATE DISTRICT
;ELECT COMto1!TTf.:(. '.J~
C,O.LIFORNIA S M·:JRSE
~ACING INOUSTR·f
•t:L. •'.310• 412-039~
I"' AX, 310, 41,Z C:•9SU5 SELECT COMMITT!:E ON
F"OOD-BOI'NE ILLNESS
JOINT COMMITl EE Of<
flUtES
August 7, 20008
Mr. Douglas Bosco, Chairman.
California Coastal Conservancy
1330 Broadway, 13.th Floor
Ookland. California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
IFile No. 05-071-02) September 25. 2008 agenda
Dear Mr. Bosco,
As the representative of California State Senate District 25, which extends
from Long Beach to the Palos Verdes Peninsula I support the Palos Verdes
Peninsula Land Conservancy and the City Of Rancho Palos Verdes' effort
to acquire the 218 acre acres of land from York Long Point Associates. My
reasons tor supporting it include:
o This land will connect two existing nature areas that have already been
preserved. It will form a nature corridor that will allow wildlife to move
freely through the expanded Preserve. Over time-the native habitat
will be restored and help the repopulation of the area which is home
to several endangered threatened species such as the very rare Palos
Verdes blue butterfly.
o Several of H1e trails whicll go across this area and have been closed
tor the past several years will be re-opened to the public.
o Tile Palos Verdes Peninsula Land Conservancy has preserved over 1200
acres of undeveloped land on the Peninsula. This spectacular
coastline nature J:)reserve. wiih ocean views will grow to 1400 acres
and be kept open to the public in perpetuity.
Resolution No. 2009-83
40 of 57 IW:-. · alt...., .. _ .... ~ G-98
Exh-: September 25, 2008 Staff Recommend-
o The community actively supports the Conservancy. Volunteers from
the community, who come from all over the South Bay. including much
of my constituency, provided over 9.000 hours volunteer work in 2007.
o The PVPLC's 3rd grade education program has brought over 10,000
students from 19 schools on to the preserves over the past ten years .
o This additional open space will afford even more opportunities to
expand the Conservancy's outreach programs. This past school year.
in conjunction with the Los Angeles Conservation Corps. the
Conservancy brought 500 middle-school children from South Los
Angeles to the Preserves to teach them about the natural sciences.
I strongly support your effort to acquire this critical piece of land for open
space.
:z:~L
Edward Vincent
Member of the Senate
;
Resolutionm:§3 J.'l' A 41 of 57 .Lb
G-99
Exhibit 1: September 25, 2008 Staff Recommendation
.~...~ n:.f.!f'll ·.:, oor,•:-.~-
= l,>.rt: '.A;::•IT(JL
f".'l)•"'r'-4.U)';"4
~~.:r.~PAMCNTO CA. 9~8 14
, .... , .. ., 1 & .;s 1 4U2S
-.:_. • ~.! r, J~"3 0055
~ ·~ . .., -:-·::n:~--~ ~
O:alifornin ~fate ~etude
SENATOR JENNY OROPEZA
TWENTY·EIGHTH SENATE DISTRICT
"''":.I,:· .;.~TE,;IA Bt..VrJ
-:.•JITE 200
~ED(JNOO BEACH C" 0027A
,,, . 310! 318 5994
CHAIR, SE;~ATE COMMITTEE'ON REVENUE AND TAXATION
~AI •.":\10• .:118-6733
August 7, 2008
Mr. Douglas Bosco, Chair
California Coastal Conservancy
1330 Broadway, 13th Floor
Oaki4nd, Califorui&. 94-612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05~071 ~02) September 25, -2008 agenda
Dear Mr. Bosco:
HEVENUE ~NU lAXAfiON '·"'""
APPROPRIAT•C•NS
ELECTIONS. REAPPORTIQ 1'11t.1EJ, i
AND c,.,N~.Til \ITiflN.~I
"MI:..,L.JML:f-11~
ENERGY UTI;,ITIE5 4.1-10
CI.JMMIIP\11( -,T;t;')N"i
I R'~l\l!:rP~.IH1 A II UN ANI..'
HOUl'!iiNGi
S£LE.'. ": '--1.)1\'M=: ~ (L:=.
INT&:GRIT,. OF ELECTIONS •. 11.t.1P
PUBLIC HEALTH AND
ENVIRONMENt. CHA1P
SrU8\:0I\tMITTEE
F"ISC:AL 0VE'R5.1G.-:tT Af-.10
BONCEOINDEBTEDNESS
As the State Senator from the 28 111 District and Chair of the Senate Select Committee on.Public Health and
the Envi ronmentfam keenly aware of the need for open space to meet the needs of the public in general, and
t!Spccially for children growing up in underscrved areas of Los Angeles.
I support the Palos Verdes Peninsula Land Conservancy's efforts to increase the amount of open space by
acquiring . undeveloped land from York ttnd Associates. This land is one ofthe last major parcels of
undeveloped land in the area.
In particular I support thei r efforts to reach out to the children in the South Bay and beyond with thei r
ed ucation programs in the natural sciences. Their 3rd grade education program brings more than 1400
elementary school children from 19 schools to four i~-class sessions and a visit to a local green area every
year. I appreciate this outreach effort, since Wood ElementaTy School in Torrance and Bonita Elementary
School in Carson both participate in this program.
I am also pleased that the Conservancy is working with the LA Conservation Corps to bring middle
schoolchildren from South Los Angeles in the Los Angeles Unified School District to the Preserves to
introduce them to the natural sciences. -T-he first group of students from Markham Junior High in Watts
visited the Preserves this spring and so far more than 160 students have participated in the program.
We would certainly welcome a grant from the State Coastal Conservancy in support for the much needed
addition of open space in the area.
Resolution No. 2009-83
42 of 57
_,_,v,..,. •·-• • ... , I G-100
E4t: September 25, 2008 Staff Recommend-
STATE CAPrrQL
pr;. I'Jr')l( 342P.4~ Assemhlu ~
,c,,.·., -;:.~ ?0 ~J
,,,) '·~··:· ~·1-j .~·"·'
DISTRICT OFFICE.
Cfu.tlifornia Ifirgisletturr
'!.,'' : ! • :,N1; ~H·.ACH BCJll ! ..-: 'lARr· . I" [[ ti(J1 . -.-:·,,rC:. (lr 1\CH C" 'l(lfli'-. . .
BETTY KARNEITE
ASSEt.ABLYMEMBEFI. FIFTY·FOURn; DISTRICT
August 8. 2008
Mr. Douglas Bosco, Chainnan
Califomia Coastal Conservancy
LBO Aroadway, 13th Floor
Oakland, CA 94612
Re : Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco:
COMMITT1!ES:
CHAIR
ARIH ~NfERl.O.INMt=Ni '\POI:n;".
T(•URISI>.l . AND INTF.RNEl MH•I"
SHEC.T ~OMMITTF.E 0'1 f'C:·<>T~
MEMBER
APPROPRIATimJS
EDUCATION
TRANSPORTATION
As the Assemblymember representing the 54 1h District, I strongly support the efforts of
the Palos Verdes Peninsula Land Conservancy (PVPLC) to preserve open space. The
··pVPtC' h-a·!rdone an exemplary job of preserving undeveloped land on the Peninsula. In
2005. the PVPLC successfully acquired an additional 430 acres of land with the support
of the California Coastal Conservancy, other governmental agencies nnd numerous
private donations from community members.
Currently, there is a tremendous opportunity for the PVPLC to acquire 218 acres of
undeveloped land, one of the last major undeveloped parcels in the area. This land
connects the existing preserves in the Portuguese Bend Nature Reserve and will provide a
natural wildlife corridor. This will be critica] for the resurgence of native plants and
animals including the endangered and threatened species such as the very rare Palos
Verdes Blue Butterfly and the California Gnatcatcher.
J fully support the efforts ofthe PVPLC to acquire this additional area and preserve it as
· ···open space forthe public to enjoy. -· ·
Sincerely,
BETTY KARNETTE
Asscmblymember, 54 111 District
Cc: . Palos Verdes Peninsula Land Conservancy
Pmti1K1 on RtJcycU.d Paper
Resolution No. 2009-83
430f 57 DVuMoa·m a
G-101
: .......
August 19, 2008
Mr. Douglas Bosco
Chairman
Exhibit l: September 25, 2008 Staff Recommendation
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
822KENNETH HAHN HALl Of AOMINISTA~TION I LOS ANGELES . CAliFORNIA 90012
Talephonel2t3J 97~·444-' : FAlC :2131626:6~1
DON KNABE
CHAIRMAN PRO. TEM
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Dear Mr. Bosco:
RANCHO PALOS VERDES NCCP ACQUISITIONS
(FILE NO. 05-071-02) SEPTEMBER 25,2008 AGENDA
I wanted to express my full support of the Palos Verdes Peninsula Land Conservancy's efforts
to acquire 218 acres of the Upper Flllorum and Plum Tree parcels of land.
As the area's representative on the Los Angeles County Board of Supervisors, I am very familiar
with, and strongly support, the efforts of the Conservancy to preserve open space. They have
also dedicated themselves to restoring the native habitat and have implemented a number of
valuable education and science programs. Additionally, The Conservancy demonstrated that
they have strong community support by securing over $4 million in contributions from the public
to acquire land in 2005.
This planned acquisition represents a culmination of 20 years of work to create the Portuguese
Bend Nature Preserve. This particular land Is strategically important, because it connects the
existing preserves in the Portuguese Bend area and will provide a natural wildlife corridor that
will aid in the repopulation of native plants and animals in this area. It will also allow for the re-
opening of trails that have been closed to the public for several years.
I am very much in support of the acquisition· of this additionailand for open space which will
benefit wildlife and be kept open to the public forever.
DK:ha
RECEIVED
MIG 25 2008
~coNSERVANCY
ONO..ANO· CAL\f.
Resolution No. 2009-83
44 of 57
G-102
Exhil: September 25,2008 StaffRecommendln
FRANK E. HILL
Mrlyor
THOMAS F. HEINSHEIMER
M'tor Pro nmo
OR . JAMES 8LACI<
CoiJncil~tr~Mr
B. AUEN L.AV
Col/fiOi/memCHJr
GODFREY PERNELL. D .D.S.
Cnundltn6m~
August 12, 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California'94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco,
INCORPORATED JANUARY 24. 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377·7288
On behalf of the City Council, I am writing to express the City of Rolling Hills' active
and enthusiastic support of the Palos Verdes Peninsula Land Conservancy efforts to
preserve and maintain open space on the Palos Verdes Peninsula. Specifically, we
support the planned acquisition of the 218 acres of the Upper Filiorum and Plum Tree
parcels of land that will increase the amount of critical open space in the area.
The Conservancy has dedicated themselves to restoring the native habitat on the lands
that they manage, and have implemented a number of valuable education and science
programs for our children, from natural science programs for third graders to high
school and university level research projects. The planned acquisition of the Upper
Filiorum and Plum Tree parcels, as one of the last major parcels of undeveloped land in
the area, will expand this program and allow for the re-opening of trails that have been
dosed to the public for several years.
This land is also important because it connects the existing preserves in the Portuguese
Bend Nature Reserve and helps to form a natural wildlife corridor that will help the
repopulation of native plants and animals in this area. The City of Rolling Hills
supports the acquisition of this additional land for open space which will benefit the
wildlife and be kept open to the public in perpetuity.
· ...•
@) Printed on fl«otded Paprr
Resolution No. f,_~Oj;I!~BIT '
45 of 57 i!A..II1
G-103
Exhibit 1: September 25, 2008 Staff Recommendation
Page2
The Conservancy demonstrated that they have strong community support by raising
over $4 million from the public to acquire land in 2005 and, we are confident they will
duplicate their success for this new acquisition. The City of Rolling Hills contributed
approximately $220,000.00 toward the public open space and we are hopeful that we
will have the opportunity to support a new fundraising campaign that benefits the
public.
~ely, J ~ _ ')J)j)
'p~
Mayor
FEH:mlk.
08-12.{)8511f11'<1rl-/tr.dO<·
cc: City Council
RECEIVED
AUG 15 2008
COASTAL CONSERVANCY
OAKLA'~:: c . .:: ... ;:.
Resolution No. 2009-83
46 of 57 RVJ'II, J.C 1 ,11 A
G-104
c4l1 rot.'\\\'-
August.l3, 2008
Exhitl: September 25, 2008 StaffRecommen.on
CITY OF
@JoiJJJ(5}/wJM~
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco,
OFFICE OF
THE MAYOR
Please accept this letter of support for the Palos Verdes Peninsula Land Conservancy's efforts to
acquire 218 acresofundevcloped land in Rancho Palos Verdes.
Since its inception in 1988, the Palos Verdes Peninsula Land Conservancy (PVLC) has preserved
over 1200 acres of laDd on the. Palos Verdes Peninsula. These preserves not only nurture and
restore rare native coastal habitat but also allow pUblic access to open space in perpetuity.
The parcel included in this acquisition would connect together existing preserves in the
Portuguese Bend Nature Reserve in order to provide a natural wildlife corridor to assist in the
resurgence of native plants and animals. The area is home to endangered and threatened species
such as the Palos Verdes Blue Butterfly and the California Gnatcatcher.
As Mayor of Palos Verdes Estates, I take great pride ·that our conununity has pennanently set
aside over 28% of the land in our city limits to serve as parklands and open space for the
enjoyment of our residents and visitors. With CODtinuing preS8\lRl to develop the remaining
open space parcels on the Peninsula, I believe that the PVLC's open space preserve program is
deserving of funding from the California Coastal Conservancy and will be supported bY.
significant contributions from the private sector as well.
'Thank you in advance for consideration of this letter of support and please do not hesitate to
contact me if you desire additional infonnation.
Sincerely,
Post Office Box 1086, Palos Verdes Estates. California 90274-0283
140 Palos Verdes Drive West. Palos Verdes Estales. California. 310-37tH13R3
G-105
Exhibit 1 : September 25, 2008 Staff Recommendation
FRANK V. ZERUNYAN u.,w
JUDY MITCHELL
M..,., Pto 'lCm
JOHN C. ADDLEMAN
C...lldl MtrnbtT
SUSAN SEAMANS
C...lltiiM,._
STEVEN ZUCKERMAN
CDalltiiM..wr
DOUGU.S R. PRICHARD
Ci~yMa_,.,.
August 11 , 2008
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy .
1330·Broadway, 13th Floor
Oakland, California 94612
THE CITY OF
ROLLING HILLS ESTATES
+0~5 !¥.LOS VERDES DRIVE NORTH • ROWNG HILLS ESTATES, CA 90274
TELEPHONE JlO.J77.J5n PAX 310.377.4468
www.ci.RoJling-Hilli-EIIDICI.CA.us
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 Agenda
Dear Mr. Bosco,
The Palos Verdes Peninsula Land Conservancy has preserved over 1200 acres of
land, including land in Rolling Hills Estates. These preserves not only nurture
and restore rare native coastal habitat but also insures public access to the
properties.
The City of Rolling Hills Estates is an enthusiastic supporter of open space on
the Peninsula, and the George F. Canyon Nature Center in RHE is a popular
starting point for many nature hikes which we provide in conjunction with the
Conservancy.
We strongly support the PVPLC's etl'ort to acquire 218 acres of undeveloped
land that links together existing preserves in the Portuguese Bend Nature
Reserve and will provide a natural wildlife corridor that will help the resurgence
of native plants and animals. These include endangered and threatened species
such as the very rare Palos Verdes Blue Butterfly and the California
Gnatcatcher.
I feel that the Conservancy is providing a valuable service to people who live on
the Peninsula and to residents of the many surrounding neighborhoods in the
South Bay and beyond, who enjoy the peaceful solitude of the open space.
~~
Susan Seamans
Council Member
Resolution No. 2009-83
48 of 57
G-106
Exhi!: September 25, 2008 Staff Recommendaln
MALCOLM S. SHARP
, 74 EASTFIELD DRIVE
ROLLING HILLS, CALIFORNIA 90274
Mr. Douglas Bos~. Chainnan,
California Coastal Conservancy
1330 Broadway. l.Jth Floor
Oakland. California 94612
Referenl!e: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25,2008 agenda
Dear Mr. Bosco.
In my role as President of the Board of Education of the Palos Verdes Peninsula Unified
School District. I am very aware of the need for open space in the crowded metropolitan
. ____ area Qfl.Qs.)~IJ~Ies, anJlb.ow importanti~ i~ tQ_bave o.~ children enjoy and learn from
these natural areas-
I support the Palos Verdes Peninsula Land Conservancy's acquisition of the lDldeveloped
land from Y ark and Associates, which is one of the last major parcels of tmdcveloped
land in our area.
In particular I support the Conservancy's efforts to reach out to our children with their
education programs in the natural sciences in Palos Verdes. the South Bay and beyond.
Their 3'd grade education program brings over 1.400 children to four in-class sessions and
a visit to a local green area every year. As an educator, I also appreciate the Sciena:
Research opportunities on the Preserves that the Conservancy has provided our students.
I welcome the addition of this much ne.eded open space in our community that will be
available for our children in perpetuity.
Sincerely,
~~c1$15Lf
Malcolm S. Sharp
President. Board of Education
Palos Verdes Peninsula Unified School District
,•.
3 t 0 • 5 4 4 • 8 0 0 s
PVSHARP@COX.NET
Resolution No. 2009-83
49 of 57 pyu·a· u I w., A
G-107
Exhibit 1: September 25, 2008 StaffRecommendation
CITY OF RANCHO PALOS VERDES
l 'fTER C I ;AIIDII'CR ( :Oll'ICILM.~
THOM.>\b 0 LOI'!(;, COl.ttCILMAN
SIFH>.N WDLll\.\'ICZ , ( :O .J'fCIL~1AI'
August 4, 2008_
Mr. Douglas Bosco, Chairman,
California Coastal Conservancy
1330 Broadway, 13th Floor
Oakland, California 94612
Reference: Rancho Palos Verdes NCCP Acquisitions
(File No. 05-071-02) September 25, 2008 agenda
Dear Mr. Bosco: ·
I write to you as the Mayor of the City of Rancho Palos Verdes ("City ") to express support
for the acquisition of the 218 acres of the Upper Filiorum and Plum Tree parcels of land by
the City and the Palos Verdes Land Conservancy ("the Conservancy").
As a former member of the Board of Directors of the Conservancy and a current member
of the City Council, I am very familiar with, and strongly support, the efforts of the Palos
Verdes Peninsula Land Conservancy and the City to pres·erve open space on the Palos
Verdes Peninsula. They have also dedicated themselves to restoring the native habitat
and have implemented a number of valuable education and science programs tor our
children -from natural science programs for third graders to high school and university
level research projects.
In addition to bringing 1400 3rd graders from 19 schools on to the Preserves every year,
the Conservancy, partnering with the LA Conservation Corps, has brought 500 middle
school children from South Los Angeles to the Preserve to explore the natural sciences.
Strong community support for these acquisitions was demonstrated by the Conservancy's
successful fund raising of over $4 million from the public to acquire land in 2005, which the
City is placing in the Palos Verdes Nature Preserve. This land is available for all of the
public to enjoy.
Resolution No. 2009-83
50 of 57 h .-1ro·. •• rr,... • G-108
Mr. Douglas Bosco, Chairman
August 4, 2008
Page2
. .. . ..... ···----.
The City Council fully supports the planned acquisition of one of the last major parcels of
undeveloped land in the area and has committed $613,000 of City funds toward that
purpose. The purctiase of this remaini ng land will represent the culmination of 20 years of
work to create the Palos Verdes Nature PreseNe. It will also allow for the re-opening of
trails that have been closed to the public for several years.
This land also is strategically important, because It connects the existing land that already
has been acquired for the Palos Verdes Nature PreseNe and will provide a natural wildlife
corridor that will aid in the repopulation of native plants and animals in this area. These
endangered and threatened species include the rare Palos Verdes Blue Butterfly and the
California Gnatcatcher.
The City very much supports the acquisition of this additional land for open space, which
will be wildlife and be kept open to the public, forever.
Douglas W. Stern
Mayor
RECEIVED
AUG 0 P, {008
COASTAL CONSERVANCY
OAKLAND, CALIF.
Resolutio~qJlt-~3
51 of 57 J!.Ani.Hf T A
G-109
~
p.
tt .,._
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Exhibit 2: Aerial photo ofFiliorum lAJ and Donation [B] Tracts (outlines are approximate)
e
-
G-110
niilBlT A
G-111
Exhibit 4: Filiorum and Donation Tract boundaries
EXHIBIT UA"
Shtoh lo AMomp<>nv L•g<>l D••mrlion
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rl HUNSAKUl & ASSOCIATES
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PARCEL 1
CERrlfJCA T£ OF COMPUANC£
NO. SUB2DD4-000CI4 PER
WST. NO. 04--2035438, DR
FIUORUM PARCEL
HlA LEGAL No. 7470 SHEET 2 OF 2
FILIORUM TRACT
G-112
EXHIBIT "8"
St~toh to Accompany Lt'gal Dt~tcriphun .
PARCEL A .
~~ Arc~ = 29.4 acres!
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fd \ / .,'-~ I to \ _ /
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~lo. SU82GCJ~.-DDrJOG oer
lnst. No. QL, .. 20::J;'A38, O . .H.
", • _. .. No••o,· !I.S"E
~l J.l
DONATION PARCEL
Ctn' Of RANCHO P~OS VERDES,
COUNTY OF LOS AHQELES, STAll: OF CAUFOfiNIA
H&A I.£G#.L No. 7H8 SHEET 3 OF 3
DONATION TRACT
XHltsll' A G-113
~
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Exhibit 5: Location of the Filiorum Tract within the Zones ofthe Landslide Moratorium Area
:;(?ZJ UPPER ALIORUM ACQUISITION PARCEL
I
LANDSLIDE MORATORIUM AREA ZONES 1, 2
I_ . LAN~LIOE ~O~ZONES J, 4, 5, 6, 7,
-
e
G-114
Exhibit B: Upper Filiorum Parcel
~ ·u
" : ;::::'.'~:~~ ~:-~; :~
• ~ -II. ~·:~I .:.:,·l .. I J':l c;,~, f---L~:':-1 ---'''-'•_,'-_,.' :..• .. J.J '''t, Jo. ~ ~ ~
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CERTIF1CA TE OF COMPUANCE.
NO. SUB2DD4-DDDD4 PER
~. NO, 04-203643~ OiL
FILIORUM PARCEL
~· R. \'IIW..utS SCALE: 1"•800' W.O. 2003-7T
HlA LEGAL No. H7D SHEET 2 OF 2
FILIORUM PARCEL
bA11llil'f B
G-115
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STATE OF CALIFORNIA-DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 )
STD . 204 (Revised 08108)
j PAYEE'S LEGAL BUSINESS NAME (Type of Print)
City of Rancho Palos Verdes
SOLE PROPRIETOR-ENTER NAME AS SHOWN ON SSN (Last , First , M.t.) I E-MAIL ADDRESS
MAILING ADDRESS BILLING ADDRESS
30940 Hawthorne Boulevard
CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE
Rancho Palos Verdes, CA 90275
0 , PA VEE ENTITY TYPE CORPORATION (C) : I
D PARTNERSHIP (P) D LEGAL (e .g , attorney services)
PLEASE D EXEMPT (nonprofit)
CHECK D ESTATE OR TRUST (E) ~ ALLOTHERS
AGREEMENT NO.:
ONLY ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): 19 1 5 1-1 2 1 8 1 6 1 7 1 8 1 7 1 2 1
ONE BOX (Required field -9 digits )
THAT D INDIVIDUAL OR SOLE PROPRIETOR (I)
! CORRESPONDS ENTER SOCIAL SECURITY NUMBER (Required· 10 dlgllll) I I I 1-1 I I -I I I I I !
!
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TO THE
PAYEE
BUSINESS
TYPE
Note:
Additional
Certified a•
PAYEE
RESIDENCY
STATUS
I
·(SSN required by eulhority of California Revenue end Tax Code Section 18646)
Please check one box -Fed Tax ID 11 not required for Governmental payee.
D FEDERAL ( 2) D SCHOOL DISTRICTS, PUBLIC COMMISSION,
D STATE, CSU & CSU TRUSTEE ( 3)iPieasec!n:loono> REGENTS f UC'S ( 5) (Please circle
,.N' CITY or COUNTY ( 4) (PI011o ctrcto ono) 0 OTHER:
0 SMALL BUSINESS or DISABLED VETERAN BUSINESS Certification No.:
ENTERPRISE (Please circle one and enter OSDS Cerlifie41tion (SBE or DVBE)
E{ Cellfomia Resident -Qualified to do business in California or maintains a permanent place of business in California.
D California nonresident (see reverse side) -Payments to nonresidents tor services may be subject to State income tax
withholding. D No services performed in California.
D Copy of Franchise Tax Board waiver of State withholding attached
I hereby certify under penalty of perjury that the lnfonnatlon provided on this document le true and correct.
Should my residency status change, I will prompUy noUfy the State agency below.
Department/Office: STATE COASTAL CONSERVANCY
Mailing Addreae: 1330 BROADWAY, I ~th FI:90R
City/State/Zip: Q~KLAND, CA 94§ 12-2530
Telephone: 510-286-1015 Fex :
09-004
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NOTE: !
Payment will not i
be processed
without an
accompanying
taxpayer I. D.
number.
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G-116
STATE OF CALIFORNIA· DEPARTMENT OF FINANCE
PAYEE DATA RECORD
STD.204 (08/08)
I 1
Requirement to Complete Pavee Data Record, STD . 204
A completed Payee Data Record, STD . 204, is required for payments to all non-governmental entities and will be kept on file at each State agency .!
Since each State agency with which you do business must have a separate STD . 204 on file, it is possible for a payee to receive this form from
various State agencies . ,
Payees who do not wish to complete the STD . 204 may elect to not do business with the State. If the payee does not complete the STD. 204 and tha i
required payee data is not otherwise provided, payment may be reduced for federal backup withholding and nonresident State income tax withholding .!
Amounts reported on Information Returns (1099) are in accordance with the Internal Revenue Code and the California Revenue and Taxation Code.
~I :E~ter the pay~e's ·l~gal business name . Sole proprietorships must also include the o~ner's full name. An individual must list his/her full name . The
mailing address should be the address at which the payee chooses to receive correspondence. Do not enter payment address or lock box information
here.
--------------.
3
Cheek the box that corresponds to the payee business type. Check only one box. Corporations must check the box that identifies the type o
!corporation. The State of California requires that all parties entering into business transactions that may lead to payment(s) from the State provlde J
4
their Taxpayer Identification Number (TIN). The TIN is required b~ the California Revenue and Taxation Code SEction 18646 to facilitate tax
compliance enforcement activities and the preparation of Form 1099 and other information returns as required by the Internal Revenue Code Section
6109(a). •
The TIN for individuals and sole proprietorships is the Social Security Number (SSN). Only partnerships, estates , trusts, and corporations will enter
their Federal Employer Identification Number (FEIN).
Are you a California resident or nonresident?
A corporation will be defined as a "resident" if It has a permanent place of business in California or is qualified through the Secretary of State to do
business in California.
A partnership is considered a resident partnership if it has a permanent place of business in California. An estate Is a resident if the decedent was a1
California resident at time of death . A trust is a resident if at least one trustee is a California resident.
' For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose
and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a
purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes t9 perform a partlcula
contract of short duration will be considered a nonresident.
Payments to all nonresidents may be subject to withholding. Nonresident payees performing services in California or receiving rent, lease, or royalty
payments from property (real or personal) located in California will have 7% of their total payments withheld for State income taxes. However, no
withholding is required if total payments to the payee are $1,500 or less for the calendar year.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address : wscs.gen@ftb .ca.gov
Website: www .ftb .ca .gov --I For hearing impaired with TDD, call: 1-800-822-6268
5 I Provide the name, title, signature, and telephone number of lhe individual completing this form. Provide the date the form was completed .
6 This section must be completed by the State agency requesting the STD. 204.
Privacy Statement
I ' . , .-• '
I
Section 7(b) of the Privacy Act of 1974 (Public ,Law 93-579) requires that any federal, State. or local governmental agency, which requests an
individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which
statutory or other authority such numb~r is solicited, and what uses. will be made of it. · :
I ll is mandatory lo furnish ;he inform~tion requested . Federal law requires that payment for which the requested information is not pr~vided is subject
to federal backup withholding and State law imposes noncompliance penalties of up to $20,000.
'!You have the right to access records containing your personal information, such as your SSN . To exercise that right, please contact the business
services unit or the accounts payable unit of the State agency(ies) with which you transact that business.
!All questions should be referred to the requesting State agency listed on the bottom front of this form.
G-117
~
Coastal
Conservancy
C a
October 30, 2009
Larry Clark, Mayor
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Grant Agreement No. 09-004
Dear Mr. Clark:
_K_ Enclosed are five copies of the agreement referenced above.
Enclosed are five copies of an amendment to the agreement referenced above.
Regarding environmental, architectural, engineering, and surveying services contracts
and as previously discussed orally, and in accord with California Government Code,
Section 4626.5, you are hereby notified that yours was the top-ranked firm. The
Conservancy proposes to enter into the enclosed contract with your firm.
_K_ Please sign all of the enclosed copies. Return all copies to the Conservancy for further
processing. When fully executed, an original will be sent to you. (Please make certain
that all copies have original signatures.)
X A resolution meeting the specifications of the "CONDITIONS PRECEDENT
TO DISBURSEMENT" section of the grant agreement should accompany the
agreement when you return all copies to the Conservancy .
..X.. A Vendor Data Record (Std. 204 ), which is enclosed, must be completed and returned.
Regarding contracts (not grants): Small-business-enterprise and disabled-veteran-
business-enterprise contractors and subcontractors must send to the Conservancy
certifications from the Department of General Services.
f o r n i a S t a t e Coastal
1330 Broadway, 13th Floor
Oakland, California 94612-2512
510·286·1015 Fax: 510·286·0470
Conservancy
G-118
City of Rancho Palos Verdes
Grant Agreement No. 09-004
Page 2
_x_ In accordance with the agreement, a letter from the Executive Officer or Deputy
Executive Officer naming the Executive Officer's designee for purposes of the agreement
will be sent to you with a fully executed copy of the agreement.
Sincerely,
E rl nd Corpuz
Co tra ts Manager
EC:rr
Enclosures
G-119
Grant Documents
for Portuguese Bend Reserve
$1,550,000
G-120
TANDARD AGREEMENT-' ~oROVEO BY il1E
ORNE'f GENERAL
05-059
........, (/ . ~ J ( I T..lXP•"AAS ltOOU.I. ~ WITFIOTIOH IUW
:ns AGREEMENT. made and entered into this -0 day of JV o lr-~ t•<' 2005 , 9 5-2 8 6 7 8 7 2
the St.u.e o{ California, by .md lx:[WeGn State of California. through iu duly elected ot" appointed, qualif1ed and acting
11.£ Of OFFICER ACTNl FOR STATE ""*.NCY
Evecutive Officer State Coastal Conservancy --~~~~~~--------------------~-------------------------------------------·h~~cUlcdmeS~~.md
)NTI'IACTOA' S two!E
__ _:C:_:i:..:t::..Y~::..o..:f__:R:..:....::.a..:.;n..::.c..::.h.:..o,;___P_a_l_o __ s __ V_e_r_d __ e_s ___________________________________ ,hc:reaft.cr c:.alled !heCon~netc
111NESSE11i: That the Corura.ctor for and in con.si&n.tion of the cov~anu, conditions, agr=mt:.nu, md 3tipul:ations of lhc State herein&ftcr a-prase
ocs hacby agru to .furl'Wh to me· S~tc scrrices and materials 13 follows: (Set forth. service w be rUt.due.d by Con1ractor, arnol4nlto. be paid C0n1racc.
'm4for pufomuvv:e or complaion, and aaacla plans and spcci[&ealions, if any.)
:ONTlNUEO ON
SCOPE OF AGREEMENT
Pursuant to Chapter 6 ofDivision 21 ofthe California Public Resources Code, the State
Coastal Conservancy ("the Conservancy") hereby grants to the City of Rancho Palos
Verdes ("the grantee") a sum not to exceed $1 ,550,0@0 ~one million ti ve hundred
fifty thousand dollars), subject to the terms and conditions of this agreement The grantee
shall use these funds to acquire real property ("the real property") known as "PO!r\u-g uese
B e nd' an a "Ag ua Amarga Canyon" located in the County of Los Angeles, State of
California (County Ass e ssor's Parcel Nos . 7572-001-00 I, 002, 003, 004, 006, and 007;
7581-023-011; 7564-005 -001 for Portugese Bend and nos . 7583-022-0\ \, 7583-024-005
and 0 19; 7586-001-002 and 003 for Agua Amarga Canyon) and depicted in Exhibit A ,
which is incorporated by reference and attached.
The real property is being acquire d for the purposes of open spac e , public access and
(Continued on following pages)
SHEETS, EACH BEARING NAME Of= CONTRACTOR .AND CONTRACT NUMBER.
The provisions on the reverse side hereof corutiru~ a part of this agreement. .
~ WfTNESS WHEREOF, !his ll~cmcnt hillS ·bc:c:n c.ll.ccuted by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
GENCY CONTRACTOA (ll-llw1.., ~ ..-..._._..;.,....~ -.)
State' Coastal Conservancy
RIHTED ~ Of' PERSON SIGH
Sam.uel Schucha t
!'f\£
Executiv€ Officer
City of' Rancho Palos Verdes ·
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G-121
City of Rancho Palos Verdes
Agreement No. 05-059
Page 2
SCOPE OF AGREEMENT (Continued)
habitat preservation, including protecting threatened and endangered coastal habitat on
the Palos Verdes Peninsula in Los Angeles County, and implementation ofthe Rancho
Palos Verdes Natural Communities Conservation Planning (NCCP) Subar:ea Plan.
The grantee shall provide $387,000 and any funds beyond those granted under this
agreement, subject to the receipt of funds from other agencies which are needed to
complete the acquisition of the real property.
CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT
The grantee shall not acquire the real property and the Conservancy shall not be obligated
to disburse any funds under this agreement unless and until the following conditions
precedent have been met:
1. The City Council of the grantee has adopted a resolution authorizing the execution of
this agreement and approving Its terms and conditions.
2. The Executive Officer of the Conservancy ("the Executive Officer") has reviewed
and approved in writing:
a. A11 title and acquisition documents pettaining to acquisition of the real property,
including, without limitation, appraisals, preliminary title reports, agreements for
purchase and sale, escrow instmctions, environmental documentation or hazardous
materials assessment and instruments of conveyance.
b. A plan for the installation of signs on the real property as provided in the "SIGNS"
section, below.
c. Evidence that the grantee has pe1manently dedicated the property for the purpose
of open space, public access and habitat preservation in an instrument conveying
title to the real property to the grantee or another instrument approved by the
Executive Officer.
d. Evidence that the grantee has sufficient funds available to complete the
acquisition, including the receipt of funds from other agencies.
e. Evidence of commitment by the Palos Verdes Peninsula Land Conservancy
to manage the properties for open space, public access and habitat preservation.
G-122
City of Rancho Palos Verdes
Agreement No. 05-059
Page 3
CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT
(Continued)
3. The purchase price of any interest in land purchased under this agreement shall not
exceed fair market value as established by the approved appraisal.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all "CONDITIONS PRECEDENT TO
ACQUISITION AND DISBURSEMENT" have been fully met, the Conservancy shall
disburse a total amount not to exceed the amount of this grant directly into an escrow
account established for the acquisition.
The grantee shall request disbursement for the acquisition by sending a letter to the
Conservancy. The grantee shall include in the letter the name and address of the grantee,
the number of this agreement, the date, the amount to be disbursed, and a description of
the items for which disbursement is requested. Additionally, the letter shall include the
name, address and telephone number of the title company or escrow holder and the
escrow account number to which the funds will be disbursed. The letter shall be signed
by an authorized representative ofthe grantee. Failure to send the required letter will
relieve the Conservancy of its obligation to disburse funds.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and
received in the offices of the Conservancy together with the resolution described in
"CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT" section of
tlris agreement. An authorized representative of the grantee shall sign the first page of the
originals of this agreement in ink.
The term ofthis agreement shall run from its effective date through January 31, 2026
("the termination date").
COMPLETION DATE
The grantee shall complete acquisition of the real property no later than J a:nuary 31, 2006
("the completion date'). Prior to the acquisition of the real property, either pany may
tenninate this agreement for any reason by providing the other party with seven days
notice in writing.
G-123
City of Rancho Palos Verdes
Agreement No. 05-059
Page 4
COMPLETION DATE (Continued)
If the Conservancy terminates prior to the acquisition of the real property, the grantee
shall take all reasonable measures to prevent further costs to the Conservancy. The
Conservancy shall be responsible for any reasonable and non-cancelable obligations
inculred by the grantee in the perfotmance of this agreement prior to the date ofthe
notice to te1minate, but only up to the unpaid balance of funding authorized in this
agreement.
AUTHORIZATION
The signatw-e of the Executive Officer on the first page of this agreement certifies that at
its October 27, 2005 meeting, the Conservancy adopted the resolution included in the
staff recommendation attached as Exhibit B. This agreement is executed under that
authorization.
G-124
City of Rancho Palos Verdes
Agreement No. 05-059
Page 5
Standard Provisions
ESSENTIAL PROVISIONS OF DEED RESTRICTIONS
The deed restrictions by which the grantee pennanently dedicates the property for open
space, public access and habitat preservation shall include the following essential
provisions:
1. The real propeJ.1y was acquired by the grantee pursuant to a grant of funds from the
State Coastal Conservancy, an agency of the State of California, for the purpose of
open space, public access and habitat preservation and no use of the real property
inconsistent with that purpose is permitted.
Mitigation . Without the written permission of the Conservancy's Executive Officer,
the grantee shall not use or allow the use of any portion of the real property for
mitigation (in other words, to compensate for adverse changes to the environment
elsewhere). At the discretion of the Conservancy's Executive Officer, a11 :funds
generated in connection with any authorized or allowable mitigation on the real
property may be remitted promptly to the Conservancy until the Conservancy has
been fu1ly paid for all of its past, present, and future costs with respect to the real
property, including, without limitation, staff, planning, development, restoration,
operation and maintenance, and monitoring costs, and acquisition costs at fair market
value as of the time the mitigation is to begin.
2. The real property (including any portion of it or any interest in it) may not be used as
security for any debt without the written approval of the State of California, acting
through the Executive Officer of the Conservancy, or its successor.
3. The real property (including any portion of it or any interest in it) may not be
transferred without the approval of the State of California, through the Executive
Officer of the Conservancy, or its successor.
4. The grantee is obligated to use, manage, operate and maintain the real property as
described in the "USE, MANAGEMENT, OPERATION AND MAINTENANCE"
section of California State Coastal Conservancy Grant Agreement No. 05-059, as it
may be amended from to time.
5. If any of the essential deed provisions stated above are violated, all of the grantee's
1ight, title and interest in the real property shall automatically vest in the State of
California for the benefit ofthe Conservancy or its successor, upon acceptance of the
real property and approval of the State Public Works Board; provided, however, that
the State, through the Executive Officer of the Conservancy, or its successor, may
designate another public agency or a nonprofit organization to accept the right, title
G-125
City of Rancho Palos Verdes
Agreement No . 05-059
Page 6
ESSENTIAL PROVISIONS OF DEED RESTRICTIONS (Continued)
and interest, in which case vesting shall be in that agency or organization rather than
in the State.
SIGNS
The grantee shall install and maintain a sign (or signs) visible from the nearest public
roadway identifying the real property, acknowledging Conservancy assistance and
displaying the Conservancy's logo. The Conservancy shall provide to the grantee
specifications for the sign(s). The grantee may incorporate the required information into
other signs as approved by the Executive Offlcer. In special circumstances, where the
placement of signs or the general specifications are inappropriate, the Executive Officer
may approve alternative, more approp1iate methods for acknowledging the source(s) of
funding. The grantee shall submit plans describing the number, design, placement and
wording of the signs, or the specifications of a proposed, al temative method.
USE, MANAGEMENT, OPERATION AND MAINTENANCE
The grantee shall use, monitor, manage, operate and maintain the real property in a
manner consistent with the purpose of the acquisition. The grantee fhrther assumes all
monitoring, management, operation and maintenance costs associated with the real
property, including the costs of ordinary repairs and replacements of a recurring nature,
and costs of enforcement of regulations. The Conservancy shall not be liable for any cost
of monitoring, management, operation or maintenance. The grantee shall re:fi"ain from
developing or otherwise using any other property it owns or controls in the vicinity of the
real property in a manner that interferes with or inconveniences the use, management,
operation or maintenance of the real property or detracts from the purposes of the
acquisition. The grantee may be excused from its obligations for management, operation
and maintenance only uport the written approval of the Executive Officer of the
Conservancy or its successor.
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its
officers, agents and employees from any and all liabilities, claims, demands, damages or
costs, including, without limitation litigation costs and attorneys fees resulting from,
growing out of, or in any way connected with or incident to this agreement, except for
active negligence ofthe Conservancy, its officers, agents or employees. The duty of the
G-126
-
City ofRancho Palos Verdes
Agreement No. 05-059
Page 7
LIABILITY (Continued)
grantee to indemnify and save harmless includes the duty to defend as set forth in Civil
Code Section 2 778. This agreement supersedes the grantee's right as a public entity to
indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6)
as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right
of contribution from the State, its officers, agents or employees, for any liability resulting
from, growing out of, or in any way c01mected with or incident to this agreement.
AUDITS/ ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively,
"records") relating to this agreement, in accordance with the guidelines of "Generally
Accepted Accounting Principles" ("GAAP") published by the American Institute of
Certified Public Accountants. The records shall include, without limitation, evidence
sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds
related to the acquisition, use, management, operation and maintenance of the real
property. The grantee shall maintain adequate supporting records in a manner that
pennits tracing of transactions from the request for disbursement forms to the accounting
records and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records
relating to performance of the agreement. The grantee shall provide the Conservancy or
its agents with any relevant infonnation requested and shall permit the Conservancy or its
agents access to the grantee's premises upon reasonable notice, during normal business
hours, to interview employees and inspect and copy books, records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of
determjning compljance with this agreement and any app}jcable laws and regulations.
The grantee shall retain the records related to the acquisition for three years following the
date of final disbursement for the acquisition by the Conservancy. All other records shall
be retained by the grantee for three years following the later of final payment and the
final year to which the records pertain. The records shall be subject to examination and
audit by the Conservancy and the Bureau of State Audits during the retention periods .
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to
meet the terms of this section and to make the terms applicable to all subcontractors.
G-127
City of Rancho Palos Verdes
Agreement No. 05-059
Page 8
AUDITS/ ACCOUNTING/RECORDS (Continued)
The Conservancy may disallow all or part of the cost of any activity or action that it
determines to be not in compliance with the requirements of this agreement.
COMPUTER SOFfW ARE
The grantee certifies that it has instituted and will employ systems and controls
appropriate to ensure that, in the performance of this contract, state funds will not be used
for the acquisition, operation or maintenance of computer software in violation of
copyright laws.
NONDISCRIMINATION CLAUSE
During the performance of this agreement, the grantee and its contractors shall not
unlawfully discriminate against, harass, or allow harassment against any employee or
applicant for employment because of sex, race, religion, color, national origin, ancestry,
disability, medical condition, marital status, age (over 40), or denial of family-care leave,
medical-care leave, or pregnancy-disability leave. The grantee and its contractors shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination and harassment. The grantee and its
contractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code Section 12900 et seq.) and the applicable regulations (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations ofthe Fair
Employment and Housing Commission regarding Contractor Nondiscrimination and
Compliance (Chapter 5 of Division 4 of Title 2 ofthe California Code of Regulations) are
incorporated into this agreement. The grantee and its contractors shall give written notice
of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This nondiscrimination clause shall be
included in all contracts and subcontracts entered into to perform work provided for
under this agreement.
LABORCONWLMNCEPROGRAM
This agreement is funded in whole or in part with funds from the "Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of2002" ("Proposition
50"). Section 1771.8(a) of the California Labor Code imposes on a body
awarding any contract for a public works project financed in any part with
Proposition 50 funds responsibility for adoption and enforcement of a "labor
G-128
City of Rancho Palos Verdes
Agreement No. 05-059
Page 9
LABOR COMPLIANCE PROGRAM (Continued)
compliance program" under Labor Code Section 1771.5(b). The grantee shall
review Labor Code Section 1771.8(a) and related provisions to determine its
responsibilities.
INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or
agents of the State of California.
ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this
agreement in whole or in part.
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have
authority to act on behalf of the Executive Officer with respect to this agreement. The
Executive Officer shall notify the grantee of the designation in writing.
AMENDMENT
No change in this agreement shall be valid unless made in writing and signed by the
parties to the agreement. No oral understanding or agreement not incorporated in this
agreement shall be binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
G-129
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Project Location Map
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G-131
..
(
EXHJBITB
COASTAL CONSERVANCY
Staff Recommendation
October 27, 2005
RANCHOP~OSVERDESNCCP
NATURE PysERVE ACQUISITION
File No. 05-071
Project Manager: Deborah Ruddock
RECOMMENDED ACTION: Authorization to disburse up to $1,550,000 to the City of
Rancho Palos Verdes to acquire real property commonly known as "Portuguese Bend" and
"Agua Amarga Canyon" properties to protect threatened and endangered coastal habitat on the
Palos Verdes Penjnsula in Los Angeles County, and to implement the Rancho Palos Verdes
Natural Communities Conservation Planning (NCCP) Subarea Plan.
LOCATION: Rancho Palos Verdes, Los Angeles County
PROGRAM CATEGORY: Resource Enhancement
EXHIBITS
Exhibit 1: Project Location and Site Map
Exhibit 2: NCCP (Introduction)
Exhibit 3: Acquisition properties
Exhibit 4: Nature Preserve properties
Exhibit 5: Proposed trail network
Exhibit 6: Letters of Support
RESOLUTION AND FINDINGS :
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31000 et seq. of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
one million five hundred and fifty thousand dollars ($1,550,000) to the City of Rancho Palos
Verdes ("the City") for acquisition of two properties commonly known as the Portuguese Bend
and Agua Amarga Canyon properties 1o protect threatened and endangered coastal habitat on the
Page 1 of i
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PALOS VERDES NCCP NATURE PRESERVE ACQUISITION
Palos Verdes Peninsula in Los Angeles County, (Assessor's Parcels Nos. 7572-001-001, 002,
003,004, 006, and 007; 7581-023-011; 7564-005-001 (Portugese Bend) and 7583-022-011,
7583-024-005 and 019; 7586-001-002 and 003 (Agua Amarga Canyon), consisting·of
approximately 424 and 39 acres, respectively, subject to the following conditions:
1. Prior to the disbursement of any Conservancy funds for the acquisition of the properties, the
City shall submit for the review and approval of the Executive Officer of the Conservancy
("the Executive Officer"):
a. All relevant acquisition documents, including but not limited to, an appraisal, purchase
agreement, escrow instructions, environmental assessment, and title report;
b. Evidence that the City has sufficient funds available to complete the acquisition;
c. Evidence of commitment by the Palos Verdes Peninsula Land Conservancy to manage
the properties for public access and for wildlife habitat; and
d. A signing plan acknowledging the Conservancy's funding assistance.
:2. The City shall pay no more than fair market value for each property, as established in an
appraisal approved by the Executive Officer.
3. The City shall permanently dedicate the properties for open space, public access, and habitat
preservation, through an appropriate instrument approved by the Executive Officer.
4. The City shall aclmowledge Conservancy funding by erecting and maintaining signs on the
properties, the design and ~ocation of which has been approved by the Executive Officer."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed project is consistent with Chapter 6 of Division 21 of the California Public
Resources Code (Sections 31251-31270) with respect to coastal resource enhancement;
2 . The City, as the local public agency having jurisdiction over the project area, requests
Conservancy assistance consistent with Public Resources Code Section 31251.2(a).
3. The proposed project is consistent with the Project Selection Criteria and Guidelines
adopted by the Conservancy on January 21, 2 001, and
4. The proposed project would serve a greater-than-local need."
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PALOS VERuES NCCP NATURE PRESERVE ACQG.J3!TION
PROJECT SUMMARY:
Staff recommends that the Conservancy disburse up to $1,550,000 to the City of Rancho Palos
Verdes (City) to assist with the purchase of approximately 463 acres on the southern slopes of
the Palos Verdes Peninsula (Exhibit 1), in the City of Rancho Palos Verdes, to implement the
Rancho Palos Verdes Natural Communities Conservation Planning (NCCP) Subarea Plan
(Exhibit 2). The project consists of acquisition of two properties, commonly known as
"Portguese Bend" and "Agua Amarga Canyon" (Exhibit 3). Acquisition of both properties are
considered critical for the long-term protection of coastal sage scrub habitat, important habitat
that supports the federally listed threatened California gnatcatcher, as well as for the protection
of adequate habitat linkages between patches of existing preserved coastal habitat.
The project will further joint State, local, and federal NCCP planning efforts to protect this
important coastal habitat through inclusion of these and other publicly owned properties in the
proposed Portuguese Bend Nature Preserve (Exhibit 4). The City would hold the land. After
acquisition, the City would grant a conservation easement over the properties in favor of Palos
Verdes Land Conservancy (PVLC), which would enter into an agreement with the City to
manage the land. The conservation easement would identify the California Department of Fish
and Game (DFG) and the U. S. Fish and Wildlife Service (FWS) as third party beneficiaries for
enforcement purposes.
The City expect$ to adopt the Rancho Palos Verdes NCCP Subarea Plan, which spells out the
ongoing level of preserve restoration and management, by the end of 2005. The City and PVLC
will fund restoration and management through local budget line items.
The subject properties are held in common ownership. The largest property, Portuguese Bend,
contains approximately 424 acres. Agua Amarga Canyon, contains approximately 39 acres. The
City and the Seller anticipate that the two properties will be sold to the City at a bargain sale
price.
The Wildlife Conservation Board (WCB) at its August 2005 meeting approved a grant of
$10,000,000 to the City to assist with direct acquisition costs and $25,000 to cover pre-project
expenses, including DGS' appraisal review costs. The City will contribute $387,000 of its own
funds toward the purchase, and expects to make up the remaining acquisition funds from grants
from PVLC, the Coastal Conservancy, Los Angeles County, and California State University
Dominguez Hills (See "Project Financing" Section). PVLC met its funding pledge in September
by raising $4,000,000 from private donors.
Upon approval of the proposed NCCP Subarea Plan, the City will dedicate additional property to
the preserve totaling 770 acres, including the Barkentine Canyon and Abalone Cove Park sites
and the Fonestal Nature Presen'e. (Exhibit 4).
In addition to assisting with the protection of important coastal habitat and habitat linkages, the
proposed Conservancy authorization will enhance public access to and along the coast Infom1al
trails on the two propenies will co1mect with trails on adjoining properties to become part of a
Page 3 of-;
. ' ~.---. ./~~ ~--··\; ~; r ~ ):.. ..
G-134
--. PALOS VERDES NCCP NATURE PRESERVE ACQUISITION
20-mile trail network that will be dedicated to public use within the Portuguese Bend Nature
Preserve (Exhibit 5). Segments of this network are slated to become part of the Coastal Trail.
The project enjoys widespread support (See Exhibit 6). The Conservancy received approximately
120 email messages from organizations and citizens supporting the project, a sample of which is
included in Exhibit 6.
Site Description: The Palos Verdes Peninsula is a major coastal feature in the southwest corner
of Los Angeles County in an area known as the South Bay (Exhibit 1). The peninsula extends
from San Pedro on the south to the Cities of Redondo Beach and Torrance on the north. It
encompasses approximately 17,000 acres. The topography of the peninsula rises abruptly
approximately 100 to 200 feet above the beaches, resulting in a coastal bluff terrace. From the
coastal bluffs, the upland terrace rises an adclitional 1,000 to 2,000 feet.
The Portuguese Bend property, the largest of the two parcels to be purchased by the City,
contains approximately 424 acres and is located east and west of Crenshaw Boulevard, extending
north from Palos Verdes Drive South. The site has level to mostly rolling to steeply sloping
topography which affords many portions ofthe site excellent views of the coastline, Pacific
Ocean and Catalina Island more than 30 miles away. The second property, "Agua Amarga
Canyon'', contains approximately 39 acres and is located on the west side of Hawthorne
Boulevard, north of Crest Road. The site is relatively narrow from north to south and has mostly
steeply sloping topography.
The Portuguese Bend area, including the subject properties, contains prime coastal sage scrub
habitat, an important resource since more than 90 percent of the original acres ofthis habitat type
in Southern California have been destroyed by development. The area is home to the Astragalus
plant, the host plant of the federally listed endangered Palos Verdes blue butterfly, and numerous
wildlife, including the Califomia gnatcatcher, a federally listed threatened species. Agua Amarga
Canyon supports a large population of gnatcatchers.
Project History: Approximately 85% ofPortuguese Bend property is located in a landslide zone
that has been subject to a development moratorium since a 1956 landslide destroyed more than
100 homes, a pier and a clubhouse. The moratorium prohibits development unless property
owners can prove that their properties in the moratorium area meet the City's standards for land
stability. Recognizing the significant biological resources in the Portuguese Bend area, and the
potential for development in the future absent permanent protections, the City began working
with the FWS and DFG to pursue an NCCP subarea plan that would provide for comprehensive
conservation and management of multiple species.
The proposed Rancho Palos Verdes NCCP subarea plan calls for the city to assemble a nature
preserve through acquisition of several key privately owned parcels, including the subject
properties, and dedication of selected City-owned lands.
In the meantime, the property ovmer has submitted development proposals to the City for these
properties. The Agua Amarga Canyon property, the smaller site, is located outside the
moratorium area. Engineering experts hired by the property owner have concluded that at least a
portion of the larger Portuguese Bend property could be made to meet the City's stability
Page 4 of 7
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PALOS VERuES NCCP NATURE PRESERVE ACQlhu1TION
standards for development.
To further Rancho Palos Verdes NCCP planning efforts for habitat now threatened with
development, the Wildlife Conservation Board (WCB) at its August 2005 meeting approved a
grant of$1 0,025,000 to the City to assist with purchase of the Portuguese Bend and Agua
Amarga Canyon properties.
PROJECT FINANCING:
Coastal Conservancy
Wildlife Conservation Board
Palos Verdes Land Conservancy
County of Los Angeles
City of Rancho Palos Verdes
Califomia State University Dominguez Hills
Total
$1,550,000
$10,000,000
$4,000,000
$1,000,000
$387,000
$120,000
$17,057,000
The expected source of Conservancy funds for the proposed project is the "Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of2002" (Proposition 40).
Proposition 40 funds appropriated to the Conservancy may be used for the acquisition and
restoration ofland in a manner consistent with Division 21.
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
This project is consistent with the Conservancy's enabling legislation, Division 21 of the Public
Resources Code, specifically with Chapter 6 pertaining to coastal resource enhancement projects.
Under Public Resources Code Section 31251, the Conservancy may award grants to public
agencies to assemble parcels of land to improve resource management. The proposed project is
consistent with this section because it will further joint State, local, and federal Natural
Community Conservation Planning (NCCP) efforts to protect important coastal habitat on the
Palos Verdes peninsula.
The lands that would be purchased by the city with Conservancy assistance are located outside of
the coastal zone. However, the City will manage the properties as part of the Portuguese Bend
Nature Preserve, which will include other city-owned properties located inside of the coastal
zone. As the City will have jurisdiction over the entire preserve area, and as the city requests
Conservancy assistance to undertake the acquisitions, the project is consistent with Public
Resources Code Section 31251.2(a), regarding projects located partly inside and partly outside
the coastal zone.
CONSISTENCY 'WITH CONSERVANCY'S
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with Public Access Goal 2. Objectives A and B of the Conservancy's Strategic Plan,
Page5of7
G-136
...._. ·.'--
PALOS VERDES NCCP NATURE PRESERVE ACQUISITION
the proposed project will enhance public access to and along the coast. Informal trails on the two
properties will connect with trails on adjoining properties to become part of a 20-mile trail
network that will be dedicated to public use within the Portuguese Bend Nature Preserve.
Segments of this network are slated to become part of the Coastal Trail.
Consistent with Coastal Resources Conservation Goal 4, Objective A, the proposed project
will further joint federal, State, and local Natural Community Conservation Planning (NCCP)
efforts to protect important coastal habitat through inclusion of these and other publicly owned
properties in the proposed Portuguese Bend Nature Preserve.
Consistent with Coastal Resources Conservation Goal 5, Objective A, the project will
facilitate the long-term protection of coastal sage scrub habitat, important habitat that
supports the federally listed threatened California gnatcatcher, as well as the protection of
adequate habitat linkages between patches of existing preserved coastal habitat.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines adopted January 24, 2001, in the following respects:
Required Criteria
1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency
with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: Proposition 40 funds appropriated to the
Conservancy may be used for the acquisition of1and for any purpose consistent with
Division 21. The proposed project will assist with the acquisition of property considered
essential to the protection of coastal habitat on the Palos Verdes peninsula consistent with
Division 21, Chapter 6, Coastal Resource Enhancement.
3. Support of the public: The project enjoys widespread support (See Exhibit 6). The
Conservancy received approximately 120 email messages from organizations and citizens
supporting the project, a sample of which is included in Exhibit 6.
4. Location: The project area is located outside of the Coastal Zone. However, the proposed
acquisition will lead to creation of the Portuguese Bend Nature Preserve, which will include
numerous parcels that are located within the Coastal Zone (Exhibit 4). These parcels include
Shoreline Park, which includes a coastal access trail and a trail that in the future will form
part of the Coastal Trail; Ocean Trails Open Space, which includes a lateral trail which wi11
become part ofthe Coastal Trail; and the Forrestal Preserve, for which a network oftrai1s is
planned that will provide shore access and that wi11 connect to Pmtugese Bend and Ocean
Trails parcels (Exhibit 5). Additionally, all of the streams in this area drain into the Pacific
Ocean, and the habitat provides home for numerous special status species that are specific to
the Coastal Zone.
Page 6 of/
G-137
PALOS VER.lJ.iS NCCP NATURE PRESERVE ACQ[JlviTION
5. Need: Conservancy funding is necessary to close the City's funding shortfall.
6. Greater-than-local interest: The proposed project will lead to creation ofthe Portuguese
Bend Nature Preserve, which currently is the subject of state-level planning efforts (NCCP)
to protect important coastal habitats and special status species. Many of the proposed
preserve's parcels currently provide regional recreation opportunities for Los Angeles
County residents, including Shoreline Park, Forrestal Preserve, Abalone Cove Shoreline
Park, the Point Vicente Interpretive Center, and the Fishing Access. These properties have
trails that provide access to and along the coast, including planned extensions of the Coastal
Trail (See "Location" section above).
Additional Criteria
7. Urgency: At this time, the property owner has an active development application.
8. Resolution of more than one issue: The proposed project will assist with habitat protection
and increase public coastal access opportunities.
9. Leverage: A Conservancy grant of$1,550,000 will leverage $15,507,000 in funding from
other sources.
12. Readiness: The City has received commitments for the entire amount of funding to conclude
the project. Close of escrow is scheduled for December 29, 2005. The City has received
commitments for the entire amount of funding to conclude the project. Close of escrow is
scheduled for December 29, 2005.
13. Realization of Prior Conservancy Goals: The proposed project would be the
second Palos Verdes NCCP acquisition enabled by Conservancy funding. On March 27,
1997, the Conservancy authorized a grant of $400,000 to the Wildlife Conservation Board
toward the acquisition ofthe 163-acre Klondike Canyon property, which was completed the
same year.
COMPLIANCE WITH CEQA:
The proposed acquisition is exempt from the California Environmental Quality Act under
Section 15313, Class 13, as the property is being purchased for fish and wildlife conservation
purposes, and under Section 15325, Class 25, as the transfer of an ownership interest in land to
preserve open space. Upon approval of the project, staffwill file a Notice of Exemption (NOE).
Page I ofi
G-138
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G-141
RANCHO PALOS VERDES
NA TU .RAL COMMUNITIES
CONSERVATION PLANNING
SUBAREA PLAN
Prepared for
City of Rllllcho Palos Verdes
URS Project No_ 27644296.08000
July 29. 2004
URS
1615 Murray Canyon Road. Suite 1000
San Diego, CA 92108-4314
619 294 94QC; Fax 619.293 _792('
G-142
SECTIDNONE lntnllucdla
SEC110N 1 INTRODUCTION
The Natural Comnmnities Conservation Plarming Act of 1991 (NCCP, California Fish and Game Code
Section 2800, et seq.) provides for the preparation and implementation of large-scale natural resounx:
conservation plans. An NCCP plan must idcntif)· and proyjde for tbc regional or area-wide protection and
perpetuation of natural wildlife diversity 'vhile allowing for compatible and appropriate development and
growth. An NCCP plan is intended to provide comprehensive management and conservation of multiple
species, including but not limited to species lislcd under stale or Federal Endangered Species Acts (ESA).
The NCCP Act is intended to promote cooperation an:! coordination among public agencies. landowners,
and other interested organil!ations or individuals. The City of Rancho Palos Verdes (City) has entered into
an NCCP plaruung agreement with the California Department of Fish and Game (CDFG) and the U.S.
Fish and Wildlife Service (USFWS) to develop an NCCP Subarea Plan tl1at will encompass the entire
Cit)•. The NCCP subregion includes the entire Palos Verdes Peninsula; however, only Rancho Palos
Verdes has currently entered jnto an NCCP planning agreement. The remaining Palos Verdes Peninsula
cities have been encouraged to fonnally participate in the Peninsula NCCP process.
As the lead agcllcy of the Palos Verdes Peninsula NCCP, the City needed to develop a landscape scale
database of biological resource and land-use information in a way that would allow for the City and
Wildlife Agencies to make intbrmed ]and-use and consenration decisions for fulure projects. The primary
goal of the Phase 1 prognm1 \vas to provide a biological analysis of lhe remaining naturalized open space
in and adjacent to the City. At the initiation of Phase I of tbc Peninsula NCCP program, questions
regarding the regional importance of parcels to a potential biological resen·c system were outstanding
(Ogden 1999). Syntheses of vcb>etation mapping, sensitive-species distributions and their potential
habitat, and tire prcliminruy development of alternative reserve designs were the primary focus of the
Phase I effort (Figures 1-1 and 1-2). Three alternatives reserve designs \\'ere developed to span the range
ofpoteJJtial designs that are biologically appropriate. Alternatives A and B were rejected for a variety of
reasons nnd the City's Alternative C was initially a compromise between the ol11er two alternatives.
The Phase ll progrnm refined the City's alternative reserve design and the dcvelopmetn of the draft
Subarea Plan for agency and public review and comment. Based on extensive discussions with the
Wildlife Agencies and Uu;: NCCP Rancho Palos Verdes working group and evaluatioJlS of potential
development on the largest properties supporting natural vegetat1on, the City ltas decided to emphasize
acquisition of key private properties and conservation of existing habitats on City-owned lands as !he
primruy form of conservation.
Habitat resLoratio11 of disturbed areas in conserved areas will be a sccondaiJ' fom1 of conservation, with a
required minimum level of restoration and enhancement to be accomplished each year. Having a
restoration program in place will allow additional restoration to be accomplished as additional fullding
sources are identified The Palos Verdes Peninsula Land Conscnrancy (PVPLC) >Viii be the Habitat
Manager for ll1c Ram.:ho Palos Verdes Habitat RcserYe. A significant portion of the undeveloped lands in
Rancho Palos Verdes support nonnative plant communities t.Jmt. pending a\·ailable funds, will be restored
to native plant communities to increase the local habitat carrying capacity of selected covered species.
The restoration potential of these degraded lands was assessed during the Phase ! program to allow for
pr:ioriti7al1on of restoration efforts within the context of tl1e proposed reserve design .
. URS,..-=-.:-· ------------· -·--·--·------------\'l"\i7f~4~~c~(OO-t .. , doo:;\~6-J~~~\Soc 1-]
G-143
SECTIONONE I DllldUdiiR
1.1 PURPOSE AND NEED
The City of Rancho Palos Verdes (City) NCCP Suban:a Plan (Subarea Plan) has b~n prepared to
maximize benefits to wildlife and vegetation communities while accommodating appropriate economic
development within l:bc city and region (Figure l-1) puwant to the rc:quirements of the Natural
Communities Conse!Vation Planning Act of 1991 (NCCP, O!Jifornia -Fish and Game Code Section 2800,
ct seq-)_ This Subarea Plan provides for the comprehensive mana~>cment and conservation of multiple
species, irduding but not limited to species protected under the SUUc or Federal Endnnge-red Species Act
(ESA)_
An important bcudit of this Subarea Plan is that the habitat conservation and management actions '1'\ill
c<Jmpensate for the impacts of current and future development needs \\-ith.in the cit)'. As intended by the
NCCP Act, implementation of tllis Subarea Plan will facilitate cooperation and coordination an10ng
public ngencies, landowners, and other interested organi..atiom _
This Subarea Plan identifies habitat to be conserved in the City 's proposed Reserve , the mechanism for '
this conselVation (e .g., acquisition and easement), and interim protection measures for habitats not
expected to be ultimately conscn·ed. This Subarea Plan establishes actions the City '"'ill take to obtain
ESA Section I O(a) take authorizations for co·vered species, including current and future management,
maintena[IC.e, and compatible uses (c_g., passive recreation) of conseJVed Jands. as well as funding for
habitat managemenL The process for mitigating development on habitat not consen•ed, and how ~nnits
and take authorizations for covered species will be obtained, is also identified. These considerations fonn
the basis for developing an Implementing Agreement with ti'IC Ca1ifomia Department of Fish and Game
(CDFG) and the U.S-Fish and WildliJc Service (USFWS) (Wildlife Agencies). ln this manner, the
authority for infrastructure devcJopmcnt and land-use dedsions is to be retained by the City, and \\ill be
enhanced lly its ability to self-issue endrutg!!rCd species take authorizations.
Through implementation of this Subarea Plan . tl~ City has considered regional planning before
conducting site-specific project proposals. ln this manner, individual project impacts can oc analyzed in a
regional context. The City will coordinate \\·ith adjaccnl. jurisdictions to maximize shared conservation
benefits. Although the NCCP subregion includes the entire Palos Verdes Peninsula. the City of Rancho
Pa!os Verdes is cum:ntly the only jurisdiction in the subregion to enter into an NCCP planning agreement
... vith the WiJdlilc Agencies.
The City's primary conservation str,ncgy is to acquire several key privately o\\ncd parcels, dedicate
selected Ci ty-owned lands, and have the Palos Verdes Pcni,nsul a lllnd Conscrvnnc y manage this reserve
nctwod: l'.>i lh the as sistance of the City and the Wildlife Agencies . The propose d Reserve is designed to
be consistent ·with NCCP conservation and m.'lnage mcnt standards and guidelines and the issuance criteria
for ESA Section I O(a) take authorizations for species covered b:y the city-wide permit. The Reserve
conserves regionally important hnbitat area s and provides adequate habilat linkages betweco patches of
c onserved habitat. Based on a habitat restoration plan to be appro ved by the W ildlife Agencies . the City
and tile PVPLC will e nhance/restore the mo st pra c ri c ablc amount of disturbe d habitats within the
Reser;c To cnhnncc habita t pmch s ize an d habitat linkage function (i .e , are a s \\ith modcrotc to high
potential for successful restoration), this plan witJ emphnsii'c habitats directl y adjacent 10 conscr\'Cd
habitat
~-· -· ... --·-·· ·---· -------· ·--------
•• ! ....
G-144
SECTIOHONE llttndUCIIID
1.2 REGULATORY COMPUANCE OF THE SUBAREA PLAN
1.2.1 Federal
The USFWS has the Jega! authority to issue pcnnits and enter into Subarea Plan implementing
agreements based ou completion of the subregional NCCP and pursuant to the ESA, Fish and Wildlife
CoonUnation Act (16 U.S. Code fUSC}, Sections661to 666e), and Fish and Wildlife Acl of 1956 (1() USC
Section742(1) et seq.). Section lO(a)(1)(B) of the ESA, 16 USC Sectionl539(a)(l)(B), e>.'Pressly
authori:v::s the USFWS to issue a Section JO(a) pem1it to allow incidental take of species listed as
threatened or endangered under the ESA The legislntive history of I O(aXI)(B) clearly indicates that
Congress also inteJJdcd that the USFWS would approve Habitat Conservation Plans (HCP) that protect
unlisted species as if they were listed under the ESA, and that in doing so We USFWS would provide
Section lO(a)(l)(B) assurances for protection of such unlisted species (H.R. Rep. No. 97--835, 97th Cong.,
2d Sess. 30-31, 1982. Conference Repon on 1982 Amendments to the ESA). The USFWS routinely
approves HCPs tha[ address both listed and unlisted species.
The Secretary of the lntcrior set forth the "Habitat Conservation Plan Assurances Policy" on August 11,
1994, which became a final rule on February 23, 1998 (Federal Register 63[35}:8859-8873). Also known
as the "No Surprises" policy, the policy provides regulatory assurances to holders of HCP incidental take
permits.
Approval and implel.Tientation of the Subarea Plan v.ill facilitate compliance with Section IO(a)O)(B) of
the Federal ESA. Through this planning process, the City will oblain ESA Section lO(a) incidental take
authori'l.4ltions. A 'take" includes the direct killing, harming, or harassing of a species, or destruction of
habitat that may _be important for the species' survival or recove.f)'. The take pcnn.it authorizes take by the
City as long as it docs not violate the terms ard conditions established by l.hc City's Implementing
.Agreement with the Wildlife Agencies. This Subarea Plan is the basis for this agreement.
The Subarea Plan also provides Lhc City the benefits of the Section 4(d) rule associated wilh the listing of
tbe threatened coastal California gnatcatcher. This special mlc 1mdcr Section 4(d) of the ESA, streamlines
the Wildlife Agencies permitting for dcvc]opmenl in CSS habitat areas that docs not preclude regional
conscn'Oitlon options . This rule allows for a limited amount of incidental loss of CSS habitat wl1iJe this
Subarea Plan is being developed and processed.
Pcnnits issued pursuant to this Subarea Plan do not include Army Corps of Engineers (ACOE) 404
pennit, 401 water quality certification, or CDFG 1602 pcnpits for impacts 10 wetlands. This Subarea
Plan, however. shall largely fulfill the requirements for e:odu.ogered species consultation relative to
wetland pcnnitting. Tllis Subnrea Plan provides the basis Jo:r ESA Section 7 consultation and issuance of
a Biological Opinion by the USFWS for ACOE 404 pem1its \\1thin tlus Subarea Plan area. Thus. approval
of this Subarea Plan should slrcamlmc the cndnngcrcd species consultation process for wetland permits.
1.2.2 Starn
The Natuml Conmmnities ConserYation Planning Act (NCC P Act: Section 2800 et seq. of the Culifomia
Fish and Game Code) establishes tbc NCCP program ·"to pro Yidc for rc~ional protection and perpetuation
or lluiUTlll \>iJdJiJ"c dnersil ~ While a!J0\'•111g compatible J<m:l USC and appropriate deycJopment and
---··--··---------
I
G-145
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SECTION ONE lntrlduttlln
grov .. th." The NCCP Act calls for the preparation of subregional and Subarea Plans tlmt address babitat
consen11tion and management on an ecosystem basis rather than one species or habitat at a time. The
CDFG aud Californja Resources Ageoc.y prepared the ~Southern California Coastal Sage Scrub NCCP
Process Guidelines" (November 1993). Based on tre definition established by the guidelines aDd the
precedent established through acceptance of subregional plans prepared by local geneml pufJX>Se
age~ics, this Subarea Plan meelS tre requirements and standards of the NCCP program. Approval and
implementation of the Ra~~::ho Palos Verdes Subarea Phm will secure City compliance -with and be
consistent with, Section 2081 of tllC Califomia Endangered Species Act (CESA) and Section 2835 of the
NCCP Act in the Califonria Fish and Game Code .
Jn addition to Fish and Game regulations, this plan is also intended to be consistent with the City's Local
Coastal Plan and California Coastal Act regulations (California Code of Regulations Tille 14, Section
30000, et seq.) for lands v:ith.in the Coastal Zone.
1.2.3 local
Implementation of this Subarea Plan will rely on tl~e City's land-usc authority provided through General
Plan policies, local Coastal Progrnm, :roning ordinances, community plan amendments, and
environmental land-usc rcguiatiollS .
1.3 SPECIES FOR WHICH TAKE AUTHORIZATIONS ARE REQUESTED
This Subarea Phm is i ntcnded to pro\·idc for the take of covered sp~Xics and their habitats associated with
developments. Take autllOri;r.alions arc requested by tk City for the foll~v.':ing federally protected species:
endangered Palos Verdes blue butterfly (Giaucopsyche lygdamJIS palosverdcsensis), endangered El
Segundo blue butterfly (E1.1philotes baltoides ollym), threatenc:d coastal California gnatcatcher (t'olioptila
calijomica californica), and endangered L}'on 's pentachaeta (Pentachaeta lyon;i). Lyon's pentachacta is
the only species listed bv tbc CDFG under the State ESA currently knov·:n to occur near this Subarea Plan
Area. Take authorization is requested for eight additional covered species not currently listed under the
State or Federal ESA that have specific known locations in the city and would have sufficient levels of
conservation under this Subarea Plan. These species include the Califonua Native Plant Society (CNPS)
Lists !B and List 4 plants and the cactus wren (Campylorhynchu.~ bnmneiwpi/h,~), a State Species of
Concern (SSC) that is also a NCCP 'local species . Species covered by this Subarea Plan are identified in
Table 1-1
~-=· 't .!.H!Itkt ,.
G-146
SECTIOIONE IDhldldllll
Statu$
CNPS list 1B
CNPS L6t1B
CNPS List4
GNPS list 1B
CNPS List 4
CNPS List 1B
Table 1-1
Proposed Covered Species List for
the RPV Subarea Plan
Common Name Scientific Name
Aphanisma Aphanisme blitt:ides
South Coast S~cale Atriprex pacifica
Peirson's Momin!Hiory Calystegia peirscmii
Southern Tarplanl Gentromadia paeyi ssp. aiiStrslis
Catalina Cross t>SOma Crossosoma ca/ifomicum
Bright Green Dudleya Dudleya virens
1 CNPS List 18 Santa Catama Island Desert-thorn Lycium brevipes va-. hassei
i
i
I
FE,CE, lyon's Pentachaeta
CNPS List 18
CNPS L~t4 Woolly Seabite
FE Palos Verdes Bloo Butt~
FE El Segundo Blue Bmterity
FT Coastal California Gnatcatdler
sse Cactus Wren
FE-Federaty endaJ19!'nd
FT -Federally l:hree1eoed
CE -Stail of C ali!orria eodangeted
SSC-Stale Spedes ofConeem
Penfac:haetalyonii
Sweda laifolia
G/aUCXJ psyche lygdamus palosvetdesensis
Euphilotes battoides allyrn
Polioptla ci!Jiifomica celifomica
Campyiomyochus bronneic epillus
CNPS list 16-Plants, we, thre:>ilned, or endangered in California and elsewhere
CNPS Ust4-PIMts ol litniled disti>UtOI!-a wath ~sl
_U'RS __ _ ----------··--· -·· ---·------·-----
G-147
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Portuguese Bel'l(l
Nature Preserve
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G-153
Grant Documents
for Portuguese Bend Reserve
$10,000,000
G-154
, ..
' ;
I
I .
l I.
CALIFORNIA WILDLIFE CONSERVATION BOARD
GRANT AGREEMENT FOR ACQUISITION OF FEE INTEREST
Grantee's Full, Legal Name:
Grantee's Address:
Grantee's Phone Number:
Project Name:
Grant Agreement Number:
Notices to . be delivered to:
For Grantee:
For Grantor:
With copy to : ,
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
(31 0) 544-5228
Portuguese Bend Nature Preserve
Los Angeles County ·
WC-5004DT
Joel Rojas, AICP
Director of Planning, Building
And Code Enforcement
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA ·90275-5391
· Executive Director
Wildlife Conservation Board.
1807 ·13th Street, Suite 1 oa
Sacramento, CA 95814-7137
Director
Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Pursuant to Chapter 4, Division 2 (commencing with Section 1300) of the California Fish
· and Game Code, the Wildlife Conservation Board ("Grantor") hereby grants to The City of
Rancho Palos Verdes ("Grantee"), the sum of Ten Million Dollars ($1 0,000,000.00) ("Grant
Funds''), upon and subject to the terms and conditions of this Grant Agreement for
Acquisition of Fee Interest ("Agreement").
G-155
'
( .; ) '
TERMS AND CONDITIONS OF GRANT
1. PURPOSE O F GRANT
Grantor is making this Grant for the purpose of facilitating Grantee's acquisition of
two properties referred to as Portuguese Bend and Agua Amarga Canyon, totaling 463±
acres of land, more or less, located in the City of Rancho Palos Verdes, Los Angeles
County, Caliiornia (the ·"Property"). The Property is more particularly described in
Exhibits A and A-1, which are attached hereto and made a part hereof by this reference.
Grantee agrees that if the Grant Funds are deposited into escrow by Grantor and
Grantee acquires the Property, such acquisition will be for the purposes of wildlife habitat
preservation, restoration and management, wildlife"oriented education and research, and
for compatible public or private uses, all as may be consistent with wildlife habitat
preservation and protection of sensitive biological resources.
Grantee further agrees that in accordance with the approved Natural Community
Conservation Plan (NCCP) for the Portuguese Bend Nature Preserve to grant a
Conservation Easement to the Palos Verdes Peninsula Land Conservancy, in the form
attached hereto as Exhibit B, for the long"term management of the Property consistent
with the purposes of this Agreement and the approved NCCP. To the extent that any
terms and conditions of the Conservation Easement are not consistent with the terms and
conditions of this Agreement, this Agreement shall take precedence.
2. CONDITIONS OF GRANT
2.1. Conditions Precedent. As conditions precedent to Grantor's obligation to
deposit the Grant Funds in escrow:
i. Grantee and Grantor understand and agree that the Grant Funds will
be used as purchase money only, which excludes escrow and title fees and
any other fees and costs incurred to accomplish the transaction and the
conveyance of the Property;
ii. Grantee includes as Exhibit C hereof a true copy of such resolution
or other formal action of Grantee's governing Board as will provide evidence
that the signatory hereto has been duly authorized to execute this
Agreement on behalf of Grantee;
iii. Grantor shall have reviewed and approved in writing all documents
pertaining to Grantee's acquisition of the Property, including any appraisals,
the conservation easement between Grantee and the Palos Verdes
Peninsula Land Conservancy, preliminary title reports, agreements. for
purchase and sale, escrow instructions and the instruments of conveyance.
Such review and approval by Grantor shall be timely and shall not be
unreasonably withheld.
2
G-156
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2.2. Essential Conditions. Effective upon the later to occur of (1) deposit
of the Grant Funds into escrow and (2) acquisition of tlie Property, Grantee
hereby agrees that:
i. ·. it will use, operate, maintain and manage the Property consistent with
the "PURPOSE OF GRANT" as stated in section "I hereof;
ii. Grantee is responsible for recognizing the cooperative nature of this
project and shall provide credit to the Grantor, the Department of Fish and
Game ("DFG") and any other contributor on signs, demonstrations,
promotional materials, advertisements, publications or exhibits prepared or
approved by Grantee referencing this project, as appropriate. Subject to the
mutual agreement of Grantor and Grantee regarding text, design and
location, Grantee will post a sign(s) on the Property to indicate the
participation of Grantor and DFG in ·Grantee's purchase of the Property,
provided however, that the sign(s) shall display Grantor's logo, as shown on
Exhibit D, which is attached hereto and made a part hereof by this
reference, as appropriate;
iii. the Property (including any portion of it or any interest in it) may not be
sold, transferred or exchanged without the written approval of the State of
California, through the Executive Director of the Wildlife Conservation Board
("WCB"), or its successor, provided that such approval shall no! be
unreasonably withheld as long as the purposes 'for which the Grant was
awarded are maintained and all the Grant conditions must be assumed by
any successor in Interest;
iv. the Property (including any ·portion of it or interest in it) may not be
used as security for any debt without the written approval of the State of
California, acting through the Executive Director of the WCB, or its
successor, provided that such approval shall not be unreasonably withheld
as long as the purposes for which the Grant was awarded. are maintained;
v. Grantee shall record, concurrently with close of escrow in the
purchase of the Property, a Notice of Unrecorded Grant Agreement (the
. "Notice"), Incorporating by reference this Agreement and giving public notice
that Grantee received funds under this Agreement in order to assist Grantee
in acquiring the Property and that, in consideration for the receipt of the
Grant Funds, Grantee has agreed. to the terms of this Agreement. The
Notice shall be in the form attached hereto as Exhibit E.
vi. Grantee shall provide a copy of the Recorded Document with all
recording information as well as a copy of the title insurance policy covering
the property or property rights acquired as a result of this Grant Agreement.
Grantee shall also provide any and all other documents related to the above
transaction as requested by the Wildlife Conservation Board.
vii. at the request of Grantor, not more than once in any calendar year,
commencing at the close of escrow, Grantee shall make arrangements and
secure the necessary approval, if any, to allow designated staff of Grantor
3
G-157
'r' f·
I 1
and/or DFG to access the Property to assess compliance with the terms and
conditions contained herein.
3. BREACH OF ESSENTIAL CONDITIONS
3.1. In the event of Grantee's breach of any of the Grant conditions in section 2.2,
Grantor shall give written notice to Grantee, describing such breach. Notice shall
be deemed given when deposited in the U.S. Post Office or with a reliable over-
night courier, postage prepaid·, addressed to Grantee, or by personal ·delivery to
Grantee's relevant address set forth above.
3.2·. If Grantee does not, within ninety· (90) days of notice given, (a) cure the
breach described In Grantor's section 3.1 notice or (b) ·in the event the breach is not
curable within said ninety (90) days, Grantee fails to commence such cure, then
Grantee shall be in default ("Default") under this Agreement.
4. REMEDIES
In the event of a _Default under this Agreement, Grantor shall be entitled to receive,
at Grantor's election, one of the following as the remedy for Grantee's Default:
a. · Reimbursement to ·Grantor of the entire sum granted to Grantee
pursuant to this Agreement, together with interest compounded semi-
annually starting from the date of this Agreement to and including the date of
reimbursement, at a rate equivalent to that which is being earned at the time
of Default on deposits in the State of California's Pooled Money Investment
Account.
b. Conveyance by Grantee of a conservation easement over the
Property in favor of the State, or at the election of Grantor, in favor of a
qualified non-profit organization, together with payment of a sum to Grantor
which, when combined with the fair market value of the conservation
easement, equals the sum granted to Grantee pursuant to this Agreement,
together with interest compounded semi-annually starting from the date of
this Agreement to and inCluding the date of reimbursement, at a rate
equivalent to that which is being earned at the time of Default on deposits in
the State of California's Pooled Money Investment Account. The
conservation easement shall be for the purposes of wildlife habitat
preservation, restoration and management, wildlife-orie.nted education and
research,· and for compatible public or private uses, all as may be consistent
with wildlife habitat preservation and protection of sensitive biological
res~urces. The value of the conservation easement shall be determined by
a fair market value appraisal, as approved Qy Grantor and the State
Department of General Services, to the extent required by law.
4
G-158
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5. ADDITIONAL TERMS
' 5.1. Disbursement Procedure. Grantor shall disburse the Grant Funds according
to the following procedure. When Grantee is ready to complete acquisition of the
Property, Grantee shall request disbursement of the Grant Funds by sending a
letter ·to the Executive Director· of the WCB. The letter shall be signed by an
authorized representative of Grantee and shall contain all of the following:
a. Name and address of Grantee;
b. Number of Grant Agreement;
c. Dollar amount of Disbursement;
d. Name, address and telephone number of the title company or escrow
holder, and the escrow account number to which the Grant Funds will be
disbursed; and ·
e. A statement certified by Grantee that all funds (exclusive of the Grant
Funds to be provided under this Agreement) needed for completion of
acquisition of the Property have been secured and have been or will be
deposited to escrow on or about the same date as the requested Grant
Funds~ In making this statement, Grantee shall be entitled to reasonably rely
on the representations of the transferor of the Property.
After approval of this Agreement by the WCB, and upon receipt of the letter from
Grantee requesting disbursement of the Grant Funds, Grantor will promptly and
timely [estimated to be forty.:.five (45} working days from the date the request is
received] disburse Ten Million ·Dollars ($10,000,000.00) into the designated escrow
account.
5.2. Liability. Grantee agrees to indemnify, hold harmless and defend Grantor,
the State of California, its officers, agents, and employees against any and all
claims, demands, damages, losses, costs, expenses (including attorneys' fees) or
liability based solely on Grantee's acquisition, use, ownership, management or
operation of the Property. ·
5.3. Amendment. This Agreement may be modified only with the written
approval of Grantor and Grantee. No oral understanding or agreement not
incorporated in this Agreement shi;:tll be binding on either of the parties.
5.4. Term and Expiration.
5.4.1. The term of this Agreement will commence on August 25, 2005, and
unless previously terminated as provided for in section 5.5.1., will expire on
August 30, 2006 . Invoices requesting the disbursement of Grant Funds must
be submitted, as set forth in section 5, on or before the expiration date of this
Agreement.
5.4.2. After close of escrow for the acquisition of the Property, unless this
5
G-159
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Agreement has previously expired or been terminated, this Agreement shall
remain in full force and effect for the purpose of securing compliance with
the "PURPOSE OF GRANT" provisions set forth above.
5.5. Termination.
5.5.1. Prior to· the last to occur of (1) Grantor's deposit of the Grant Funds
into escrow and (2) Grantee''s close of escrow for acquisition of the Property,
either party may terminate this Agreement for any reason or for no reason,
by providing the other party with a minimum of fifteen (15) days ' written
notice of such termination. If this Agreement is terminated after Grantor's
deposit of the Grant Funds into escrow but before Grantee's close of escrow
for acquisition of the Property, Grantee shall cause the escrow holder to
immediately return all Grant Funds to Grantor.
5.5 .2. Any time after the clqse of escrow for this acquisition of the Property,·
Grantee shall have the right to terminate this Agreement by:
i. providing written notice to Grantor of Grantee's election to
terminate this Agreement; and
il. reimbursing Grantor the entire sum granted to Grantee
pursuant to this Agreement, together with interest compounded semi-
annually starting from the date of this Agreement to and including the
date of reimbursement, payable at the rate equivalent to that which is
being earned at the time of termination on deposits in the State of
California's Pooled Money Investment Account, or at the election of
Grantor, the granting of a conservation easement over the Property to
the State, or at Grantor's election, to a qualified non-profit
organization, together with a sum to Grantor which, when combined
with the fair market value of the conservation easement, has a value
equal to the entire sum granted to Grantee pursuant to this
Agreement, together with interest compounded semi-annually,
starting from the . date of this Agreement to and including the date of
reimbursement at a rate equivalent to that which is being earned on
deposits in the State of California's Pooled Money Investment
Account at the time of termination. The conservation easement must
be for the purposes of wildlife habitat preservation, corridor protection,
restoration and management, wildlife-oriented education and
research, and for compatible public or private uses, all as may be
consistent with wildlife habitat preservation and protection of sensitive
biological resources. The fair market value of the conservation
easement shall be determined by an appraisal, as approved by
Graotor and the State Department of General Services, to the extent
required by law.
5.5.3 ; In the event of any termination of this Agreement in accordance with
this section 5.5, neither party will have any rights or remedies against the
other party except as provided herein, and each party shall cooperate with
the other party to execute such documents as may be necessary to clear title
6
G-160
' I I ~,
to the Property, including any Notice of Unrecorded Grant Agreement
recorded pursuant to this Agreement.
5.6. Authorization. This Agreement shall be de~med executed and effective
when signed by an authorized representative of each party and then received in the
respective offices of Grantee and Grantor~ An authorized representative of Grantee
and Grantor shall sign four (4) originals of this Agreement. Grantee shall receive
one (1) completely executed original and Grantor shall .receive three (3) completely
executed originals.
5.7. Designee. All references herein to "Grantee" are intended to refer to
Grantee or its designee, successor or assignee as may be approved by Grantor to
the extent such approval is required under this Agreement. It is understood by the
parties to this Agreement that it is the intent of Grantee to convey a Conservation
Easement to the Palos Verdes Peninsula Land Conservancy (Conservancy).
Grantor hereby approves said conveyance as long as the purposes for which the
Grant was awarded are maintained and all the Grant conditions are passed on to
and accepted by the Conservancy. It is intended that this approval by Grantor meet
the requir_ements of Paragraph 2.2(iii) of this Agreement.
6. AUDIT
Grantee shall maintain complete and accurate records of its actual project costs
and shall retain said records throughout the term of this Agreement and for .a period of
three (3) years after final disbursement. During such time, said records shall be made
available to the State of California for audit purposes during normal business hours.
Expenditures not documented, and expenditures not allowed under this Agreement or
otherwise authorized by Grantor shall be borne by Grantee. The audit shall be confined to
those matters connected with this Agreement, including but not limited to administration
and overhead costs.
7. UNION ORGANIZING
Grantee, by signing this Agreement, hereby acknowledges the applicability of
Government Code 16645 through 16649 to this Agreement. Furthermore, Grantee, by
signing this Agreement, hereby certifies that:
7.1. no state funds disbursed by this Grant will bE) used to assist, promote or
deter union organizing;
7 .2. Grantee shall account for state funds disbursed for a specific expenditure by
this Grant, to show those funds were allocated to that expenditure;
7.3. Grantee shall, where state funds are not designated as described in 7.2
above, allocate, on a pro-rata basis, all disbursements that support the grant
program;
7.4. if Grantee makes expenditures to assist, promote or deter union organizing,
7
G-161
Grantee will maintain records sufficient to show that no state funds were used for
those expenditures, and that Grantee shalf provide those records to the Attorney
General upon request.
The signature of the Executive Director certifies that at the Board meeting held on
August 25, 2005, the Wildlife Conservation Board authorized the award of an acquisition
grant to Grantee as provided herein.
This Agreement is made and entered into this Et!'day of tlut,:•J . Zt.lth ;
in the State of California, by and between the Wildlife Conservation Bo ~ d and the City of
Rancho Palos Verdes, each of which does hereby agree to the te rms and conditions
referenced on pages 1 through 8, along with Exhibits, of this Agreement.
STATE OF CALIFORNIA GRANTEE:
WILDLIFE CONSERVATION BOARD CITY OF RANCHO PALOS VERDES
By: GO\.-)~ By: ~w AI Wright
Title: Executive Director Title : t!a""&.
Date : "?l~b/ bt' Date: ~:r-ll3l~~ I I
8
G-162
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PORTUGUESE BEND NATURE PRESERVE
LOS ANGELES COUNTY
CERTIFICATION:
I hereby certify that sufficient funds are available to award this Grant.
Fiscal Officer
FUNDING CERTIFICATION
Grantee:
Date
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Joel Rojas, AICP
Contact Telephone No. (310) 544-5228
WCB Grant Agreement : WC-5004DT
Agreement Term:
WCB Grant Amount:
Fund Source:
Appropriation Item:
Expenditure Code:
August 25, 2005 to August 30, 2006
$1 0,000,000.0.0
Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002
Prop. 50, Sec. 79572(b) .:... Coastal Watershed &
Adjacent Lands (LA and Ventura Counties)
Proposition 50, Statutes of 2002
Item 3640-801-6031
05-1000-811-76021
9
G-163
EXHIBIT A
Legal Description
Portuguese Bend Property
10
G-164
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EXHIBIT A
PORTUGUESE BEND PROPERTY
LEGAL DESCRIP110N
Real property in the City cif Rancho Palos Verdes, County of Los Angeles, State of California,
described as follows:
PARCEL 1:
THOSE PORTIONS OF PARCELS 72, 73, 74, 88, 89 AND 90 OF LOS ANGELES COUNTY
ASSESSOR'S MAP NO. 51, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP R!=CORDED IN
BOOK 1 PAGE 1 OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUN1Y RECORDER OF SAID
COUNTY, DESCRIBED AS A WHOLE·AS FOlLOWS:
BEGINNING ATTHE INTERSECITON OF THE NORTHERLY UNE OF PAlOS VERDES DRIVE
SOUTH, BO FEET WIDE, AS SHOWN ON SAID MAP, WITH THE WESTERlY BOUNDARY UNE OF
TRACT 22835, IN SAID CITY, AS PER MAP RECORDED IN BOOK 603 PAGES 62 TO 65 INCLUSIVE
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERI,..Y,
NORTHWESTERLY ALONG lliE WESTERLY AND SOUTHW,ESTERlY UNES OF LOTS 1, 29, 30, 31,
32 AND 33 OF SAID TRACT 22835 TO 11-IE MOST WESTERLY CORNER OF SAID LOT 33; THENCE
NORTIJEASTERLY AlONG THE NORTHWESTERLY BOUNDARY UNES OF LOTS 33, 34 AND 35 OF
SAID TRACf 228.35 TO THE SOUTHEASTERLY UNE OF SAID PARCEl89; 11-lENCE NORTHER!,. Y
ALONG THE GENERAL SOLITHEAST'ERLY UNE OF SAID PARCEL 89; TO THAT CERTAIN COURSE
IN THE NORTHEASTERLY BOUNDARY UNE OF SAID PARCEl 89, SHOWN AS HAVING A BEARING
OF NORTH 41 DEGREES 27' 50" WEST AND A LENGTH OF 285.46 FEET; THENCE ALONG SAID
NORTHEASTERLY BOUNDARY UNE, NORTH 41 DEGREES 27' 5001 WEST TO A POINT DISTANT
THEREON SOUTH 41 DEGREES 27' SON . EAST 60.00 FEET FROM lliE NORTHWESTERlY
TERMINUS OF SAID CERTAIN COURSE; THENCE SOUTH 43 DEGREES-24' 56" WEST 1007.13
FEET; THENCE NORTH 57 DEGREES 01' 22" WEST 235.00 FEET; THENCE NORTH 18 DEGREES
36' 00" WEST 130.53 FEET; THENCE NORTH 28 DEGREES 58' 52" WEST 522.07 FEET; THENCE
NORTH 10 DEGREES 33' 20" WEST 510.00 FEET; THENCE NORTH 41 DEGREES 38' 00" EAST
240.83 FEET; THENCE NORTH 2.1 DEGREES 57' 50" EAST 338.18 FEETTO THE MOST WESTERLY
CORNER OF LOT 24 OF RECORD -OF SURVEY, FILED IN BOOK 57 PAGES 4 TO 8 INCLUSIVE OF
RECORD OF SURVEYS, RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE
NORTHWESTERLY BOUNDARY UNE OF SAID RECORD OF SURVEY TO THE SOLJTHWESTERL Y
BOUNDARY UNE OF RECORD OF SURVEY, AlED IN BOOK 57 PAGES 35 AND 36 OF RECORD OF
SURVEY, RECORDS OF SAID COUNlY; THENCE IN A GENERAL NORTHI;:RLY DIRECTION AlONG
n-tE GENERAL WESTERlY LINE OF SAID lAST MENTIONED RECORD OF SURVEY TO THE
SOUTHWESTERlY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO JUUUS B.
HANOVER AND WIFE,, RECORDED ON SEPTEMBER 17, 1947 AS DOCUMENT NO. 1467, IN BOOK
25140 PAGE 419, OFFICIAL RECORDS; THENCE NORTHWESTERlY ALONG SAID
SOlJTl:iWESTERLY llNE TO Tl'fE SOUTHEASTERLY BOUNDARY UNE OF TRACT" 24817, IN SAID
CITY, AS PER MAP RECORDED IN BOOK 661 PAGES 79 TO 81 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUm-Y; THENCE SOUTHWESTERLY AND
· NORTHWESTERLY ALONG THE GENERAL SOLITHEASTERLY AND SOUTI-IWESTERL Y BOUNDARY
UNES OF SAID TRAC'f24817, ll-IROUGH ITS VARIOUS COURSES, TO THE NORTiiEASTERLY
PROLONGATION OF n-tE SOUTHEASTERLY LINE OF THE lAND DESOUBED IN DEED TO
FIUORUM CORPORATION, RECORDED ON JULY 9, 1953 AS DOCUMENT NO. 3122 IN BOOK
. 42176 PAGE 310, OFACAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID
NORTHEASTERLY PROLONGATION ArlJD SAID lASf MENTIONED SOUlliEASTERL Y UNE TO THE
NORTHWESTERLY BOUNDARY UNE OF SAID PARCEL 74; n-IENCE SOUTHERLY ALONG TilE
NORTHWESTERLY BOUNDARY UNE OF SAID PARCEL 74 TO AND ALONG THE NORTHWESTERLY
BOUNDARY llNE OF SAID PARCEL 73 TO THE EASTERLY UNE OF THE LAND DESCRIBED AS
Page 1 of 4 G-165
..
'
PARCEL 4 OF DEED RECORDED ON AUGUST 1, 1945 AS DOCUMENT NO. 967 IN BOOK 22193
PAGE 227, OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID LASf MENTIONED EASTERLY
LiNE, THROUGH ITS VARIOUS COURSES TO THE BOUNDARY llNE OF THE LAND DESCRIBED AS .
PARCEL 1 IN THE DEED TO HOMER W. BAlE AND WIFE, RECORDED ON MARCH 12, 1957 AS
DOCUMENT NO. 1841 IN BOOK 53890 PAGE 167, OFFICIAL RECORDS; THENCE EASTERLY AND
SOUTHERLY ALONG SAID L.ASr MENTIONED BOUNDARY UNE TO THE EASTERLY BOUNDARY
llNE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO HOMER W. BALE AND WIFE,
RECORDED ON DECEMBER 11, 19SB AS DOOJMENT NO. 447 IN BOOK D301 PAGE 719,
OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID LAST MENTIONED .BOUNDARY UNE TO
TI-lE NORTHERLY BOUNDARY UNE OF PARCEL 2 OF DEED RECORDED ON AUGUSf 2, 1945 AS
DOCUMENT NO. 967 IN BOOK 22193 PAGE 227, OFFICIAL RECORDS; THENCE EASTERLY AND
SOUTHERLY ALONG THE NORTHERLY AND EASTERLY BOUNDARY LINES OF PARCELS 2 AND 1
(RESPECTIVELY) OF SAID DEED RECORDED IN BOOK 22193 PAGE 227, OFFICIAL RECORDS, TO
TI-lE NORTHERLY UNE OF LOT 3 OF TRACT 14118, AS PER MAP RECORDED IN BOOK 306
PAGES 34 'AND 35 ·oF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE IN GENERAl .EASTERL Y AND SOUll-tERLY DIRECTION ALONG THE GENERAL
NORTHERLY AND EASTERLY BOUNDARY UNE OF SAID TRACT 14118 TO THE NORTHERLY UNE
OF PALOS VERDES DRIVE SOUTH 80.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE IN A
GENERAL EASTeRLY DIRECTION ALONG l'HE NORTHERLY llNE OF SAID PALOS VERDES DRIVE
SOUTH TO THE POINT OF'BEGINNING,
EXCEPTTHEREFROM THAT PORTION OF SAID LAND DESCRIBED AS PARCEL 1 OF THE DEED TO
-~''" PALOS v·ERDES WATER COMPANY, A CORPORATION, RECORDED ON SEPTEMBER 4, 1947 AS
::~: DOCUMENT NO. 773 IN ~OOK 25061 PAGE 65, OFFICIAL RECORDS.
PARCEL2:
THOSE PORTIONS OF LOTS 45, 48 AND 49 OF l.A.C.A. MAP NO. 51, IN TrlE CJTY OF RANCHO
PALOS VERDES, COUNlY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 1 PAGE 1 Of ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. .
BEGINNING AT THE INTERSECTION OF lltE MOST WESTERLY CORNER OF lOT 2 OF TRACT
2.7065, AS PER MAP RECORDED IN BOOK 689 PAGE 22 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, WITH TI-lE NORTHERLY UNE OF CREST ROAD, 80 FEET
WIDE, AS SHOWN ON A MAP OF SAID TRACT; THENCE WESTERLY ALONG SAID NORTHERLY
LINE WHICH IS A CURVE CONCAVE SOliTHWESTERLY, HAVING A RADIUS OF 540.00 FEET, AN
ARC DISTANCE OF 240.59 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH
ago 22' 15" WEST 85.29 FEE:T TO THE SOI.TTliEAST CORNER OF LOT 1 TRACT 27113,
.RECORDED IN BOOK 6B9 PAGES 45 TO SO INCLUSIVE OF MAPS, IN ntE OFFICE OF THE
COUNTY RECORDER OF SAID COUN1Y; THENCE ALONG SAID EASTERLY BOUNDARY OF SAID
LOT 1 AND THE EASTERLY, NORTHEASlERLY AND NORTHERLY BOUNDARY OF SAID LAST
MENTIONED JRACTTHE fO[J_OWING COURSES AND DISTANCES:
NORnt 300 12.' 12" EAST 163.05 FEETi SOUTl-t B9o 33' 55" WESf 472.92 FEET; NORTII 450 07'
53u WEST 242.59 FEET; NORnt 51° 24' or WEST 1299.42 FEET; SOUTH 990 34' 54" WEST
524A6 FEET; :THENCE NORTI-123° SO' 49" WESf 1S1.97 FEETTO THE SOUTHERLY BOUNDARY
llNE OF SAID LOT 45; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 81° 34' 30" WEST
460.53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4S; TI-IENCE NORTH ALONG THE
WESTERLY BOUNDARY UNE OF SAID LOT 45, SAID WESTERLY BOUNDARY UNE ALSO BEING
WE EASTERLY UNE OF TRACT 4400, AS PER MAP RECORDED IN BOOK 72 PAGES 95 AND 96
OF MAPS, tN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TO A POINT ON SAID
BOUNDARY UNE DISTANT SOUTH 890 59' 42" WEST 399.85 FEET FROM THE SOUTHWEST
Page 2 of 4
G-166
CORNER OF LOT 59, TRACT 28053, AS PER MAP RECORDED IN BOOK 784 PAGES 35 TO 40
INCLUSIVE OF MAPS, IN THE OFFICE OF TI-lE COUNTY RECORDER OF SAID COUNTY; SOUTH
12° 10' 03" EAST 359.53 FEET; NORTI\ 77? 06' 00" EAST 403.00 FEET; 1HENCE SOUTH 730 14'
00" EAST 135.29 FEET; 1HENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH oso 45' 56"·
WEST 575.53 FEET TO 1HE SOUTHERLY TERMINUS OF A CERTAIN COURSE IN THE WESTERLY
BOUNDARY OF 1RACT 35045, AS PER MAP RECORDED IN BOOK 947 PAGES 67 TO 72
INCLUSIVE OF MAPS, IN 1HE OFFICE OF "THE COUNTY RECORDER OF SAID COUNlY, HAVING A
BEARING AND LENGlH OF NORTH oso 45' 56" EAST 304.23 FEET; THENCE CONTINUING
ALONG THE SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF SAID TRACT 35045 THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 36° 11' 40" EAST 195.45 FEET; NORTH 89° SB' 27" EAST 60.00 FEET; SOUTH 62° 24'
53" EAST 126 .02 FEET; SOUTH 770 23' 07" EAST 79.94 FEET; SOlJTH sgo 46' 49" EAST 141.86
FEET; SOUTH 700 49' 41" EAST 98.10 FEET; NORTH 710 09' 07" EAST 108.36 FEET TO THE
MOST SOUTHERLY CORNER OF TRACT 28205 , AS PER MAP RECORDED ~N BOOK 832 PAGES 35
AND 36 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUN1Y; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 28205 THE FOLLOWING COURSES AND
DISTANCES:
NORTH 71° 1S' 00" EAST 119.74 FEET; NORTH 870 20' 00" EAST 178.00 FEET; SOliTH 690 15'
00" EASf 150.01 FEET; SOUTH 69° 00' 00" EAST 27.98 FEET TO THE MOST WESTERLY CORNER
OF LOT 11 OF TRACf 27090, AS PER MAP RECORDED IN BOOK 689 PAGES 11 AND -12 OF MAPS,
IN THE OFFICE OF THE COUNTI RECORDER OF SAID COUNTY; ·ntENCE CONTINUING ALONG
THE SOUTHERLY BOUNDARY OF LOTS 11 AND 10 OF SAID TRACT, SOtml690 00' 00" EAST
'157 .02 FEET TO THE WESTERlY LINE OF HAWTHORNE BOULEVARD, 100 FEET WIDE, AS
SHOWN ON SAID MAP; THENCE SOUTHWESTERLY ALONG SAID WESTERLY UNETO THE
INTERSECITON OF SAID WESTERLY LINE WITH THE MOST EASTERLY CORNER OF LOT 2 OF
SAID TRACf 27065; THENCE ALONG THE NORTHERLY BOUNDARY UNE OF SAID LOT 2 TltE
FOUO"'{ING COURSES AND DISTANCES:
SOUTI-f 12 DEGREES 10' 03" EAST 359.53 FEET; NORlli 77 DEGREES 06' 00" EASr 403.00 FEET;
1HENCE SOUTH 73 DEGREES 14' 00" EAST 136.00 FEET; THENCE LEAVING SAID S0lffi1ERLY
BOUNDARY SOUTH 05 DEGREES 46' 50" EAST 271.34 FEET TO A POINT IN THE SOUTHERLY
BOUNDARY OF SAID LOT 45, DISTANT lliEREON EAST 521.44 FEET" FROM THE WESTERLY ·END
OF A STRAIGHT LINE IN SAID SOUTHERLY · BOUNDARY HA'v'JNG A BEARING AND LENGTH OF
. WEST 1639.97 FEET; THENCE CONTINUING SOl.JTl-i 05 DEGREES 46' 50" EAST 304.23 FEET;
. THENCE SOUTH 36 DEGREES 22' 36" EAST" 194.82 FEET; THENCE EAST 60.00 FEET; THENCE
SOUTH 62 DEGREES 20' 00" EAST 126.00 FEET; THENCE SOUTH n DEGREES 20' 00" EAST
80.00 FEET; Tl1ENCE SOUTH 89 DEGREES 45' 00" EAST 142.00 FEET; THENCE SOUTH 70
DEGREES 45' 00" EAST 98.00 FEET; THENCE NORlli 71 DEGREES ·1S' 00" EAST 228.00 FEET TO
THE EASTERLY TERMINUS OF A CERTAIN COURSE IN Tl-fE SOUTliERLY BOUNDARY OF 1RACT
28205, AS PER MAP RECORDED IN BOOK 832 PAGES 35 AND 36 OF MAPS, IN THE OFACE OF
THE COUNTY RECORDER OF SAID COUNTY, HAVING A BEARING AND LENGTH OF NORTH 71
DEGREES 15' oow EAST 119.74 FEET; THENCE CONTINUING ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT 28205 THE FOLLOWING COURSES AND DISTANCES:
NORTH 87 DEGREES 20' 00" EAST 178.00 FEET; SOUTH 69 DEGREES 15' 00" EAST 150.01 FEET;
SOUTH 69 DEGREES 00' 00" EAST 27.98 FEET iO THE MOST WESTERLY CORNER OF LOT 11 OF
TRACT 27090, AS PER MAP RECORDED IN BOOK 689 PAGES 11 AND 12 OF MAPS , IN THE
OFACE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE CONTINUING ALONG THE ·
SOUTHERLY BOUNDARY OF LOTS 11 AND 10 OF SAID lRACT, SOUTli 69 DEGREES 00' 00"
EAST 157.02 FEET TO THE WESTERLY UNE OF HAWTHORNE BOULEVARD, 100 FEET WIDE, AS
SHOWN ON SAID MAP; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE TO THE
Page 3 of 4
G-167
INTERSECTION OF SAID WESTER'-Y UNE Will-lllfE MOSf EASlERLY CORNER OF LOT 2. OF
SAID TRACT 27065; THENCE ALONG THE NORTHERLY BOUNDARY UNE OF SAID LOT 2 THE
FOLLOWING COURSES AND DISfANCES:
NORTH 59 DEGREES 47' 49'" WEST 100.00 FEET; SOUTH 60 DEGREES 08' 35" WEST 118.56 .
FEET; THENCE SOUlli 24 DEGREES 53' 59" WEST 100.00 FEET TO THE POIIIIT OF BEGtNNING.
APN: 7572-001
Page 4 of 4
G-168
EXHIBIT A~1
Legal Description
Agua Amar.ga Canyon Property
11
G-169
' f
EXHIBIT A-1
AGUA A!\IIARGA CANYON PROPERTY
LEGAL DESCRIPTION
' '
Real property In the unincorporated area of the County of Los Angeles, State of California,
described as follows:
A PORTION OF LOT "H" OF RANCHO PALOS VERDES, IN THE COUNTY OF LOS ANGELES, STATE
OF CAUFORNIA, ALLOTIED TO JOTHAM BIXBY BY DECREE OF PARTiflON "BIXBY, ET AL., VS.
BENT, Er AL.," CASE NO. 2373 IN -n-tE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF
SAID STATE, IN AND FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN THE SUPERIOR COURT OF SAID COUNTY.
BEGINNING AT THE MOST EASTERLY CORNER OF THE lAND DESCRIBED AS PARCEL .1 IN DEED
TO PALOS VERDES WATER COMPANY, RECORDED MAY 9, 1947 AS INSTRUMENT NO. 1486 IN
BOOK 24530 PAGE 266, OFAQAL RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF
LOT 1 TRACT 17354, AS PER MAP RECORDED IN BOOK 441 PAGES 42 AND 43 OF MAPS, NORTH
10 DEGREES 31' 50" EAST 160.74 FEET" TO THE MOST EASTERLY CORNER OF SAID LOT 1 AND
THE MOST SOUTHERLY CORNER OF LOT 30 OF TRACT 14114, AS PER MAP RECORDED IN BOOK
300 PAGES 6 AND 7. OF MAPS; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID .·
TRACT 14114, NORTH 56 DEGREES 00' 00" EAST 280.00 FEET TO THE MOST WESTERLY
CORNER OF LOT 14 OF TRACT 12866, AS PER MAP RECORDED IN BOOK 246 PAGES 20 AND 21
OF MAPS; THENCE SOUTH 30 DEGREES 51' 36" EAST ALONG THE SOUTHWESTERLY BOUNDARY
OF SAID LOT 14, A DISTANCE OF 227.29 FEET TO THE CENTER UNE OF MlDDLERIDGE ROAD
AS SHOWN ON SAID LAST MENTIONED MAP AND AN ANGLE POiNT IN THE NORTHERLY
BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO GILBERT L. COBB AND WIFE,
RECORDED IN BOOK 20964 PAGE 284, OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY
BOUNDARY NORTH 80 DEGREES 51' 00" WEST 125 •. 40 FEET, SOIJTH 59 DEGREES 55' 00" WEST
137.00 FEET AND SOUTH 71 DEGREES 05' 00" WEST 158.00 FEET TO THE NORTHWESI'ERLY
CORNER OF SAID LAND AND THE POINT OF BEGINNING.
APN: 7569-020-002
Page 1 of 1
G-170
1 I : 1
'
EXHIBIT 8
FORM OF
CONSERVATION EASEMENT
BETWEEN
CITY OF RANCHO PALOS VERDES
AND
PALOS VERDES PENINSULA LAND CONSERVANCY
12
G-171
~ECORDING RJ!~QUESTJtD BY AND
WHEN RECOJlOED RETURN TO:
Palos Vel'des l.nnd Conservan~
9-16 Silver Spur Road, S~it~ 108
Rolling HUJs· EstAtes, CaU.forida 90274
Attn: Mr. WiUiam H. Ailor
APNt
Exempt pui<suant to:CaUfor'nflt
GtJV(lmJUent CqdeS~ction M~83
THIS ·CONSfunV·Atl'l'ON IJ!.A~M·E:NT Uh~ ~Easenumf 1 ) is rn~cJ .c Qs 9fthiH _
d~y ·of . . 2005; b~ tiA~ CJTY ~.F RAN0.HO,J,·~'U .. 0S Wtu.nil.S.; u Callfotliht
inunicipa11iot·p_()~ation ("¢i'ty;' O'r '1·QrruJtor''), to ·mE· FALQS VEill>ES .PBN1NSULA
LAND co·N$E,RV ANC:V, ll t~tfJfm•ni" nl)rtprol'it pu_bli£ benefit ~Qrpol;Utioll
('~Co.us.ceyafu:l'" ·ot· •.GritntC'f>"), hcrcirmftn coDetttveiy refer-ted to a!l tb-c ".PnrtiruJ;"
RE C I. 'J' .A·L:S.:
A. City· is th~ ow~er in f~e Jimple of co••taln re{l) property locAted in tbe City of
Ranclto Palos Verdet~, Connty of L-os AugoJe;s., Smte tJf Callfot•nfta, and des.crlb.Cll in
E-x bUilt A (Portugues4dJ~nd and Agua Amar.&.a · Ci~nyon}, whic:h .is attach~ 'hereto and
bt;conmra(ed Ju.~r~in by •biJ! rdercnce (tbe ''P.iopeJ#Y")•
B. Tlte Pro.perty po .. sesses ·ivl!c111fe:'ftnd bnbilat vah.Ju (cnlle~ti~ety,
"cons~r¥atio.n valli.i!-,~11 ) of gren·t Jntportt.-nce to Oran~r, Grantee, -the s.t'atc c)f Cl\lifomi.a1
.Department ofFisb l,lJ)d Ga.mc ("CllFG")• the lJnlted S•atcs Fiqb ~1tti"WU4flifc Servlcc
("USFW-8"), f1nd tb.e :pe·oplc of the State of CaUforiHa.
C. The Propcl~ly provides bt.glt qunUty babib)t t'or tile Cnlifovnia. Gn~tcat~b.,r1
tJte Coastal Cn!.'!tus W.ro.n, t~a~ El S.cg,undo Blue S"tt'erRy a~d the Pnfos Vctde"s Blue
BuitcrOy und contains CCiastul Sage Scrub Habitat ("CSS").
D. Grantee is alltl'Wrized to bold c.onserva_tlon casements pursuant tQ .Civil Code
Section 815.3. S.pccifieallyt Grantee l!J a ta,x .. excmpt nonprofit orgflniZJ&tio-u qu;~IU'ied under
$t!ction 50l(c)(3) o-f th-e lntt'lrnal Revenue Code of 1986, air amended~ and is qu-adiDcd tG d~)
business in Cullfornia, width hns 1udts primary purpose the prese.rvation of hmd in its
natural, sceuie, forested Ol' o)Jen spate condition.
G-172
j I
E. CDFG lu\s jurisdicti9n, pursuant to Fi$b and Game Code Se.c.tion 1~02, over
tbe conso•··v·aHon~ p.rotcr.tion,1 and ma'ilngcmedt of fish, wihllifc, native Jd~tuts .aud the
habitat nee-cssary for biologteally s.ustainable POI)uJnfi()OS of those species~ aud Ci>FG is
8\lthorized to hold :fA~oments for' these rnarposes purSllant to Civil Cude.Seetiol\ 8.1·5,_3, Fish
and Gtunc Code Section U48:, .and other fll'ovisions of California law. ,
F. Th.e USFWS :enters into tl:tis A~m~nt p.ursu~n.t ~~rthe 'eder·al ~ndnngered
S'pecic.!f Act (ESA), tile Fisl1 and WiltlJife Coordination A(lt (16 U.&C. § 661 -66'6c), and ·Uu\'
Fish, and Wildlife Act &f 195"6{16. U.S.C. § 742(~ et seq.).
0; Tbis Uons:erta'tian Ens.eme.nt provides m1tigaticm·fnr certain impitcts of
project~. t_.nt ~weJo.~atcd in trtc C,i~ ~~'J.~a,ncho :f.':*alos V.~rti¢S; Ca.unty ~fLos .Angelcs, State
of CaJifoi'Diit,.a,nd ·"rc identified in the Naturfll Ciunmunities-Conservsnion ·Pittn · foJ··the
Oily. ('~NCGP'~),
G. Grn.nt~~ ng•~e~s !;ly ~Je«:epJint:-rtl\js JD11ltl.t t1> IH)n~•· the. hthmti_ort.s:·t:tf Gt'll~tor stated
ll"erein tti ptes.erve ill'ld.· pMtcC't~n pi!~peturey :durcdns~rYR tfor. ·V1tlcm.s .~:tf. file Pt·o.pe.rfy rn ·
a_ceordtmce wHJ• the tpt.Ultr-or th'i$ Coi'lsO'fv.JltiQn E.11semc:mt.
For go'6£{ ~.nd ·V'~lt'*'biQ. ccHUi~tation~ ll1e r~ccii,)t nfld slit'fitiie'ltL'Y at which is hereby
ackl(ow1e<Jg~~. antl ·pJn:snaJ•Ho-Cnlif!)J:qia law, hu:h~~!ng Ci1-U Co~e Sectlon 815, et seq.,
®tail tor herllb~· voluntnrily g•ra·nts nod tonveys to GrantC!C a t::onseM~atibi\ ensenumt in
perpetq ity over tllel~roperty.
t. .P:m;u.oliell. Tbc purpi:Jsos of tllis Cor.lfu~rva:tlo.n E~s:c:mc_.-t 1\i'e to ·~.t;f~nre llic
l,r6pellty WUI be r.A.tntJred {oro~et· lh Us JJuturRJ ~ondftiQn .lis SJJ~it.lc~ 1.-. tbc NC~P qmt t9
pte.vent ·any 11!9 9f .the J*.,.qpc~ U~~1 w.Jilirnf).'ll~r or httcr.f~ro .witli. f.li.e ,eolt~C!I"V4tion valuc!f. of the
Pl'OtXlJ1y, ~antor int.kmdsJim't thl~ C~Ps.or\ll\tlon l§nscm~nt will crmtl~;~j! thc .nso .ofibe
Properlj>. to .'Sti~b tactlvitie·s-tMt ttr~ c~D'Si$tOht wifh tlic ·p.ntpos{;s fif tbe. N:Gt~P "''inclu.di"-ll'
without' l'imi{a'tl,ol), tfl,ose ln:yotving·:tltc PJ~c.rvot~9n,, 11e!ito1 1~tion nn4 cnltaoeem:ent o'f nati-ve
~pooies and tbolr trabUats.
2. (hit)tl®'.sJlii!JU$. Ttl accompll$b the.llUrpos~.O'Hbls Co.ns~rY.fltlon li:.a.sement,
Grnnt«w huroby gr.Rllts ttnd c.on-v.e~'SI the following rigbr!f to Gnuttee and to CD E.G llnd the
UiFW~hKS third part~ btmeiictnr.i'CS o( .tb"i.s Couserv3tlo11 Eas.cment·:
(a) TQ pr.Qservc a_nd protc~Hbe ·CotlSCl"V,ttou valu~ o.fthe Prop~rty;
(b) "l'o enter upon tlte Property at a-easounble times In .order to monitor
complhmc~ with and ot:herwis~ cnforQe the·ter'm!ll)flhis Co••servatlon EasemC)nt} and for
seientit1e r~carcb and interpretive lJilrJ)OSes by Grn'nCee or lts ~e..~;igtteCI~h ltnd CJU~G or Its.
designees, ~tnd tbe USFWS ur ib dcs-tgilc~ tmwidcd that neltber G.mt1tce nor CDFG nor
USF;WS shuU lllll'~asooably interfere w.itb Gruntor's u:utborlzed •ts~ and quiet cnjoym\l-nt of' the
Property;
(e) To prevent nny activity ou or use of the Pnipcrty that i~ inconsistent with
the NCCP and the purposes Qf this Conservation Easement and to require th~ rc!lt~r~tion of
2
G-173
RECORDING ItEQ:Uf..STEU BY AND
WHEN RECORDED RETUllN TO:
Pal'los Verde!l Lnnd Co:ns-ervancy
9l6 SUv~r S:pul' Rol\d, Su:iw 1 (18
Rolling Hills· ~stat~, C:nliforniu 9'0174
Attn~ M-r. William ·H. Ailttl'
APN:
Recording Fe:f: Enmpt p.ltrsuant t~).'Callllirnia
(i(JV~J;n,m.ent C~dl}:Secd~;~~ Z7J83 .
CONS~RVATION E~SeMEN1.'
THiS CON$1irRV~1.10.N EAIS~~ENT (ll:d~ ~~~~·s~t~Jt") is-n1~de a_s o~thi~·-
duy uf .~005-, by the ClTY OF ~ANCll@ ·PAL'OS VERDES,. a CadifO'attlin
ami~ic.iphl c.6)-par~tlbiJ ~"Cit~"~·o~ ·'~P.r-antpl';~).; .. to TfJE PALOS \I.EfiDJt$ PENJN·s_tJJ:..A
tA·ND CQNS~:RVANl(:Y, ~ c~~n.rm'D1ft IJO)il)i"otn public belle~· C'OF,fJQtatio~
(''€t>nlon:ame')1', or· •rGwu.tce"), hi.lreliudter ~ollcctiV.etv tefcra·M to :as the "Papti-es.,
lt. ~~ t 1'1 AL.S:
A. City isJh~ owner in fee 11implt of eer.~llio re~l property lo.eat~d i~ the City uf
R~ncbo P'tjh~tVbriJes~ C.ountr. of Los AnJI~I~., St~:fe .. of'Californin, and ·deseribed itt
ExhUdt A (i)-ortli'IJilese Bend and Atua Anlarga Omyon),whiclli i~ ·lltt~ched hereto and
incurpo,lated ber~Jn ~Y ·this t·eferenee Ollt ·u~~~orn;ifty't):.·
B. Tile Prope~ po!lSesscs wUdlif4UlUd hltbitot \lalucs.(~olle.ctively~
' ctmscrv.atton wthi:es1 ') o.t' gJ1eau tntpo.rtattee to Grantor, G raatetj the State ofC.alifQrl\ia,
l>etjartm'cut.o:U!~s·h ~nd Game ("·CDFG"), the Vnnt\a Stat~ Flsb and w.·Udlife ScrvL~c
("USFWS"); and·tbe poopl~ of'the State o.fC:QUfOrnia.
C.. TJac ·Prb:perty p1'o.v'l'des laigh· quntlty babi~Jtt for the C"...aUfornia ·anatcatcber,
the Cuastal Cactns W1;cn, tbe El S:tg.\llldo Bi.\le But(erfly and the Palos Verdis Dlu~
Butterfly and contahts Coastlll Sage S'ccrub lJabltat ('~css•1 ).
D. Grarttl!e is authorized to hold cons\\t'Vat~on casom~nts pursuant to -Civil Cod'C
Section 815.3. Spc~ifically~ Grantee ls a tax-ex:coipt nonprofit organizndon qualified und.er
section 501(c)(3) Q.f the Internal Revenue Code Gf 1986, as · amended, and is qua lifted to do
business hi California, whieh hU$ as its primary purpos.c the l'resttrvation of lund in it!t
natural, sct:nic, fm•ested or open spaec condltJon.
ii?.Sil v1
G-174
E. CDFG bas jurisdiction, pursuant to ll'isb nnd GnDle· C~1dc Seet;ion 18021 over ·
the conservation, protection, an.d management of rt-~tht wlld.life, native plants and tbe
habitat necessary for bioltagjcatly !.mstatnatbl~ tlOJ)U)ltt:ions of·thosc speei~.s, and CDFG is
l'tutbtJ'rizcd to bold eas!,tmentll for tb~se pu.rpqso,-. pursU!lllt to Civii "Code Section 81 5.3, )rtsh
and Game C-(f(1e S~1i6n 1348; nnd other provisions ofCSiifornia law.
F. 'fhe USFWS enters. inro thi~ Agree.Jau,>.nt pors.o.ant to the Fed~~1·ul Endqng~red
Spede~ Act (ESA)t t.he Fisb. and WlldHf(,l Coordination A~t (16 U.S;C. § 6'61 ~ 666'C), and tbc
Fish, aJ)d Wild!Ue A(!t -of 1956 (16 U.s.c .. § '74Z.(() et seq.).
0.. 'fbls -Con ser\lntii)O E1~senumt "·roviiiCls nfitigntion fo r c:er.udn ·Impacts of
prrtj~ds tbat nrc locat~d i~ th ~ City of 't.~o~hQ ~alos Vt.Tdes, County of 'Lo,S An geles, State
df CaliforniJ'l,, and nt"C identUled Jo· tbe Natural Commullifi~s Conservation Nan fo.r tho
Clty (~NCCP'·'J. . .
G. Grallh~c J)gr~es by nc~cr~th-~g this anmt tQ honor the iut~ntlo~s llf Grautar stated
herein to pro.s~rve and p:Mtc-ct in perpetult)f tlio coits:ervntion vanaes :ofthe i>ropcr ty in
a~eotdaocf!, wjtli the •~rm.&·uf thiJ'COnll~tvaticm Easement.
C0V:It."NA N1'S, T ERNl$, CONDITIONS AND' R:ES1'.RfCTION S
For gpod al1d ''tdu~blc oonsilleral hill tJie receipt rurd s1tffici eqcy or \Y ~i~h is b(1.te by
Mknowl e.dgcd, iliJd pU'r-$unnt to Culffo t nja hrw, lu~luding Civil ·o.oil~ S.c.ctton HI ~, et seq..,
Gtalltor hereby v()l~itt st·tity grltnts al'id .:!on·voys to Grantee a eonsetvattorl oll:sem(jnt hi
perpetwity ov(}r file ,Proporty. ·
t. J!UJl)OSC...~. The purpq~.t\5 oft;h's CQ.JJ§~rvll.#on Easement a_r e 'tg·eo~~1re the
Property wtu be ••eudite-d ror tl .vcr iu .. its natnrDI condit ion as-"B JU~I.!ifietl -in· th e NC <:!P "•td to
IJ•·cv.el).l any u ~e .o{ th.Q .J>r.op~dy tb~t-~HI iii-• pai r. or·int~rf!lwc with tlte,eon$ervnttou valncs ofthe ·
I)rop:etty. 6 rnnt~dritctultr tbaHb-is C o nRe:f1•tttlot~ ~-semcnt wilt conftne·tb~ ••s ~·:o.f tbe
P r-operty to :llu!lra~flvi ~es · fhilt u~c cf))•srst ~llt wJtl~ tb·c pu tpo.s~ of" th e NGCP, li -~lulling,
without limitation,, tltos e: in vo lv fng tltc preservation , r.cs-tor~l'tlon and onb a!•ccm·ent of n~tivc
!ipcch~s and their habitats.
2. Q r.unte e ~s Rigllts. To a-..rconipllsh tb:e purposes offbls-Cunsnrv.l&tion E:a:semeot,
Graotur hereby g:rant,s and conv~ystbefoiiQwlng rights to Grant" and ttl CDFG -n:nd the
US.FWS·ais ·tliird J'a .. ty btmeficiff.ries ofthw·Con.se tva tiou E~~U~ement:
(11) To preserve and .Prote¢t th-e c.onservation v·ah•cs:·oftht PrQper:ty;
(b) To eoter upou t~e t>r.ope11y at rcll$()Dable times in ordet· to monitor
compli;ltJee Witllnud otherwise enfore" the.terms of this C()nservation Easement, and fut
s~icntlfic r~~arch and Interpretive pua~poses by (;rqntce or its dcs'ignees, n11d COFG Qr Its
dcsignt.>es, nud ·tbe USFWS or its designees pro"idetl that ueith erG.rn.nt ce:no r CDFG nor
USFWS· 9hul1 uitreii &Onubly luterferc wi'tb G.rantm•ts anthorl~cd u!le and <JUiet ~joynumt· oflh~
Prop~•·tY;
(c) To prevent any activ-Jty on or use of the J~•·opct·ty tbnt is inconsistent with
tlw NCCP and the purposes of this Conservation Easement and to require ttae re,stonuion of
2
G-175
such ureas or fonturcs of the Property thnt may be damaged by nny 11ct~ fuilure to act, or nny
use that Is inconsistent with th~ NCCP and th-e purposes of this Con!lervatlon Easement;
(d') An mln()rnl, alr and wat.o.1· rights n.ooessary to pr~teet and to sustnltt.fhe
biologh:al res6urces of t.bc Propel'ty;. and
. (~) All present und futu:re dcv~lopntent rights for residential~ comin«::rcial
·and indush·iul proJ~c.t~J, wbie:h ~r~ adlocatcd 1 Implied, rese•-vod or inh~rent hl·th~ Property;
·sucb rights nrc heN~ by tcr.nlinat~d nnd extJngu·lsh•d,.und may Mt ~ used on Oi.r trnn'Shl·'red to
any porf(Q,Il oftbe Proper.ey, lt.or any other propercy ll(i}Men.t or a.therw'is~.
3. A>r oJUbitttd .Uses •. Auy nctivi:ty on or ns.e .of,be Proncrty tbnt is lno~:msistcnt with
the purposes of this Cilnserv.athm Eascmc.mt~ as dcUneated in .the WCCP., js· prohiblled . Without
Jlu'ilting tl\0 geue_rolity of the t'o~gp'ia~g, th~ ~ol~owiog use!} au~t aed"i*s. by Gr~nlor, Gruntorts
.ng()nts, ruul tllird pnrties1 fm! .eXp'r'essJy proJiibited:
{a) Exc.<:pt a~ p,ertnitrod by the N.CCP, onseasonal wat~ring; tt&'l: <ff
fQI'It!lit.ims, pe:s'ticid_l!S. bio·ciilcs,, h~a•bicidcs or dtl~cr a\griculfut1\J chcmicitls; weed r~baiMme-nt
itdivl~les; incontpl)tibl~ ftrc prute~•lon uctlvlU.Q~; lutd. lUI~ 3n~l ~~~ otherll.diV:ttics and uses
whi~b ulay ad:v~~cly t~freut tho J)Ui'J)Osos of this Consck'1!ation Euscment;
(b) Use o.hiff .. road veMc.fes·flnd use of 1\ny other moturi~d \'ehidel!l ~x~cpt
on. ~lsti~g roadways;
(c) Ot azh•g.o.· otlicr .ngrlcultund nativ-ity. ofauy ltind, e-.~~C.Jlf ~9r t11e eiisfiug
~tgd~ultutal uses .on Clty~owtre.d property and tile U$e of~pJ)rO_i\1.imlttely twenty,.fl-vc ~crJ)s Qf the
l~i'operty'for active re~JreuljQi1lll put.pOsc:l$, whlch tnny inClude e(lucstr.hurt~s'es;c
(cl) n.ecrcath;m~J autlvitle..~~ C.xeop.t ··~·eatll•nal ·acdvl'licll that 'nr~ perln1tted
·by the NCO, fnoludin;g tl1e U"4e of ll]Jpt·oximatoly: tweuty..ftn ua1 res Qf the Prop,crty fp,r ~'ltiVe
roorentinnal pur}1oscs1
l~) Comrn~ial or industriai use!;
(f) Any ·teg4ll or dc.flloto. d'iv~ion, subdivision or J)~trdtlo.ntn~ of t..ke
Property;
(g) ·Constru(ltion, rc<lousfl•liction or· illt\ccmeut of u·ny buHdh,g, bmlmard or
$ign, Qf UllY other stl'Uchare (Jrimnl'OV~lt1eut of any kjn~, cuep.t signs and im .provemettt!l that
nrc pettitittcd by the NCCP;
(h) Depositing or accumulation of soil, trash, nsl1es, l'efuse, wa~te, bio.-s.olids
or any other materlalsi
(il Ph1nting, inh·oduction or dispersal of non"tanfive or exotic plant or
nnimalspeclcs, except rQr lnrgc domestic auim~ls tbat nre ullowed by the NCCP;
(j) Filling, dulllJJing, e~c:avuling; draining, dredging, minlng, drilling,
t·emoving or exp.loring for or extl'action of minerals, loam, soil, sands, gravel, rocks or other
3
G-176
·.
.
'
material ()ll or below the surface of th.., t•ropea'ty, except g~qlogic iuvestigatiQn and oth~r
landslide abatement actwltlcs tbatare authorized by ihe NCCP;
(k) ·Altering tho s11dac:c or general topography ot' tlte Propl)rty, ln<llodlng
building of road8l ex~or>t 11s aHo.wed by the NCCl>;
(I) l~on,ovb\g, destroying, 1)1" cutting Of Mtlve trees, shrubs 01' other
veg~tot(on, e):cept ns Ml~lfred by law for -: (1) tire ~.aks-, (l) m~itttena11te ofrecr(,!Jlti()luil trails
or roads, or (l) pruveuttoJI ·or treatment of disease, and ex\lcpt th()se nctlvltl~ dun are Allowed
by the NCCP; und .
(JI:I) 1\tfauli:pulating, lmpoundbtp 9r · UeV'itrg -anty nutu.r:at wutua· cO;urs~, h;ody of'
water nr w.uter eit:c.ultttion un tbc Property (~xcopr as '<llloWed l?Y the NC.CP),. uod actlvitif!.~ or
uses d.etl'iJDuntal tt>:·wnt¢r q:Uality, bacl~&~b% but .not lhnl~d to, d~g_radatinn Ol' poUuti.on p:f any
!ilii"fnc:~ or sub-surflicC.-watef.S,
4. Qt~1)tbt~s:.DtUl'»· Grantor sJnlU und<Jrt.a·ke atl l'~ou~ble aedons . to pr.evcn.t the
uulawful ontty IUlcrtt~~pa~s b;v p~r~~~~s whose tteti.Vifies iruw dcgrJtdc tu· har.u.t the cons~r-vation
values oft11c Ptqpct4y• lt,J ~n!ditiQn 1 Grantor sh11Jil QJl ,Qc.rfsk~ aU noo~:mry uctio11s to pe,rfe<!t the
rights ofOrilntii~; CDFG1 nnd USFWS tUitler s·ectfon l :afttiis.Couservatloli Eusentent.
5. Roser.:V.~d Rlglits. Grantor te~oneslo its~~ and to Its pBrsmnsl rep-r.osontativ~s,
.heii'S, SUCC(!Sli,Of.~,, nl,ll ft~_:li.J§n!J, aU t1ght~ ltCCI'UJ,Itg .trom ns,()WMMil)ip of the Pr-<nlcrfy .includlQg
the tigb t to e·n~.ag ¢ in ill' ,to. perm-It or (tlvite 'cttll~l'S to-Ol~gugc. ht a·IJ U'!ICS of dtc y;topero/ ·fllt't a-re
not &>XPJ '~')sjy proiHbl,tcd or lhnitcd bf, a11d lWC cQnSiident l~ith the-purposes of, the NCCI) und
th.fs Con.9ervaticm · Enser:tacnt •
.-6. Grnutc·c:~· Rom.:djes, CDFG ~nd 'USFWS', M tbird tlnrty· bemdlchtl'~trS fJf dUs
Co·nscrv~ltlou ~asem~l:it;·sllllll ha~ tbe sa-me rJgh .tS ns ·Grllnti!c under this scc.tion to.entorQe the
terms ofthi'i Cwt.s-o.r:vattQI\: E1~se11,1e•'t. 'fGlian~~:d~~erndn~:fbat a vip'l3tion Qf t·~~·tern•~ r.tf
thtll-Cmiscrvatto·u Et\scment· bus oecmtrod or is tb.rcnteuc(J, Gr.aotee·:sbllll give wtitt~n ;noti~e co
Gr-a-ntor 9fsuch violat.ton ttnd dcJDH·JltJ ih mitl•~g (I~~ ~IT<1 of·sncb viol~rto'•· AJ ·tlt~ ti~t~ o.f
giving anr suc,Ji MHc~,.G raJitJ!e sluill give 0 l!OJ)t o-ftbeJlOtiCC fo CJ)Jr(:f . .a_rtd OSFWS. lf
Grantm· ·ra·ils to cua·o tl1e violation wif~1in fiftcon (15} dnys .a.ftur receipt of writt~n n·oth:c und
demand from Grm(te-c, or tNh~ cul'c r~ll$onably rc;quire;t mor.e tbnfl nrtcou (ttl) da.y~ to
complete and Ga·untor ·fails to · begin tbc ~~~re wUbin the OJt~l"IP {15)'1.fgy period or fails to,
contintl~ dilige:ntty· t~ 4;omplote 1hc cure, Grant~ may bring an action ut ht.)V Ql, in ·Qquit:y in a
court of J:Oii1 pet cut Jurl~dicttou to mtforce tbe tet.nili ot tliis Conscrviltion Etastllltent, to-rcco"Vor
any dum ages to whi!-!h .Gruutee ·may be cutltlcd for vio.h,ition of the terms of. thl~rCo•ts.erN"tion
Easement or for any iifj.ury to the cailfienridion values. 'Ofthe Property, to cnjoiJt d•c violation,
e.t pmte us ncc~ry, by temporary m· permuueu1 injunction without the nee~sicy ()f proving
either nctulll damli.gcil or the inadeq••nc.y of otherwise available le-gal remedies, o·r for otbe.~·
cttuitable relief, lncl11dlug, bttt not Umitetl to, tho restoration oft he Proper0' to the .c(nJdition in
l\'hiO"b It existed prio.r t:o any sucll violation ot·l:nju:ry. Without lhn.ttiug Gran(or's liability
t!terefor, Gra.ntee ml.lj upply any damages recovered to the cost of' undcrtuking any corrective
8ct-lon ou the Prcmerty.
If GrAn-teo, In its soJe discretion, dotermhtcs that cireumstnnce~ rl!quire
immediate action to r>rcvcnt or mJtignw damage to th .c conservation values ()f the Property,
4
fll8 1} vl
G-177
G.rnntce m11y pur:~uc its rem~dies und"r thi!l Section 6 withou-t prior nt'lti~e t(J Grauto•· or
without wa1ting for the period Jlt'OVidlld for -.cur.e to e~plre. Grnntce's rlgJus under this secdon
apply equally to -act-ual or thn~atened vioJntiotts ortbe t~n•u oftltis·CYJtservatio;n E1tsement.
Grnnttu· agr~s that Grantee,s rcmedfij$ .itt lllw for any l'i(Jiation of~the terill& ol' tbis
Conse~tl~m Easement al'(J inadequate and drat Gr~ntee shall be entrtte'd to tbe-inJunctive
reUef de.s~l-bcd ln this scc.ti~ut botb 1~robibitiv~ .and mandJ~Jory. in .nddition to such other r-eli'of
to whi0h OPu:nteu moy bl!-entitled:t inuloding ·ape~ifi~ perfOJ!mnuce Qf tbe to:r.ms ofthis
Cons~rvation Easenn.urt1 without th~ tt\l~f.}Bsity of· pro-ving ~ith~nt¢tuaJ dnn\age$' or t_hc
innd~quaoy of i>tbDriflsc nv-o.JiniJlt! l~gnl ro•'nedics ·~ 'G~nfl'!e's rem~d-ies dO!It,l\:l bt!(l h• this sc'1tion
~ht.ill be t:1tntulnt_iv~ and Bball be. in a~<Jit,oJ~ tQ ·fi.U l'.erncdiC$ n·ow or lt~JreA(.cr ~~isting oHaw or.
in equity, iiuHuding,.but not lht1ltoo to, the: .-e1ncdtcs.set f()rth in Civil Code Soetioit RlS; d seq .. ,
inclu~jn. The 'failure of-Grantee .(o -d.iscovcr •U vwlation or to take im.mt~dilde mgala~tlon sl!all
not bar Grnlltcu from taking stteh a·etion at n Jatur time.
If Ill )to)_'· t-bn~ h'l the fuh~r"-l ·Gn:nto:r or any 11ttbsequent transfer~~ use.s or
tbroutcns to use the Proper()' for p.urpQSI.!!timton.si.Stent witl1 the NCCI, na•d tllis C<inser\lation
E.a~~~~n~ut tb .en, li~fwithst~oaw~ CiVil Code.S~c:U~n .81$. 7,:tbe C4Uf(u_,uht ,AJtonl~Y G~;m.~t~d or
nuy 'entit-y or lrtd i\?lduiil wi~b n •ti'stilfinblcf illteltest h• fM pt;esorv.ut'iOtl .offh'ill Ct)ns.ervatioft
Easen\e-ni hl)~t ~t1.1.nlit .. g os intc;e-st.Eid p.adics in '~my J)ro.ccqUing aff~_~ting tJti~ Con~ervatlon
Eas'in1i'eitt.
6. l-. Costs df IDnfol!'ccfnen~. Ani cnsts iritut<rtiil by· G:t·antec, CDJtG-t or
USFWS ·wbel'c it is tb~ .Pr~voillng pJ;l~; ~ai .c~fqr.c:;in_g the lttl·~ns o.f'illi~ C~nscr\'afion Eqseme1tt
ng.lihiSt Granror; in-eluding, hut nutlhnltcil to~ MSfSi)f suitundt~ttovnoy.s' and,experts' fe~, und
any cord_s,of t~toration necestdtnied b'y·Gr.al'l tor's n~gligencc {Jr breucl_l ~f'tltiSConserv.ation
E~s.cnumtsbaU be b&rne by C••untor.
6.2~ Dl¥ctctlon ofGrantfo.CDE!t tmiJ.!-lSE\VS. JnliFi.wc:.o~-ent oftbe terms 1>f
thill Conservation Easc1nont by .Grant~e eDFG;. m• ·tJSFWS ·shun be·ut lfte~discre'tiuo of' tlte
ct~9reipg m•rty~ and ~ ny -fotlb~arllDce 1!~ Grunt~; ·CDf~, o~ t1$FW$ to-~xcrqlse its rigll'ts
ut\do-r dl1~ e~useJ1ltth.m EruJement in tbo e\ltlrtl of a.n~ bren<~iJ :of !Ut.Y. -1erm of·IJJiS C(!Jtso:wo(lou.
EaSllll!tillt.sball I!Q( )}e ·decnu~4 or CQJts,ttued ~0 be a 'WIIivei· by G:r.ant"c:, CDFG, or USFWS of
such tllrhl or ohJI;y s.ub~equont br.cach .of.tbesomeot any ·other term l)fthi$·Cdnservathm
Ease:~umt or· uf lin.)' or (}rantec!s rigJJ~ (~U'J~-·~Y r~flts-of GDF:G o_r ·lJSil'~S ··ns. a lbird .J>a . .,~
bcn'lcliciucy) undef'·thls Consor:va·.UJ:Ju Ea-stUtell,t. No ·delny or omission ~Y' G1~ptoo, CDFG, or
USFWS h) the exe•·~ise of n~y rlgbt or renie~y ;baH im t)~tir such right or reme:d)" or be
con.l!~ru~ a!f a waiY!l:t\
6.3. Acts· Be.v.und GrantOI'':oi Conl·rol. Notl•ing ~q!ll~tinep lit tJtls CQnscn<ation
Easement shall l;e eonstru·e1J to cntiti~·Grtm1l!~ CDFG~ or USFWrS o.tQ brill g. any octlcm ngutnst
Ora\utor for iUlY injury to or change in tho Pro~perty resulting from: (i) 1.1ny-nuturnl cause
beyond Gnlitor's contror~ i.llchidhtg, without lhn-ttation, fir~ Mt eaused by Grantor, flood,
stcu111, and earth movement, or uny prudent attion. taken by Grantor und·4'r emergency
condi'tions ti) prevent, abate, or tUitigale sjgniiicant injury to persun~ or the Prop~rty resulting
f•·om such causes; or {ii)-acts by Gra11te'e OJ' its employee.'~ or CDFG or its employees or USFWS
or its cmproyees.
6.4. D.enurtmcnt of Fitd! an~ ~~9!!U~ and USFWS RJilbl .of .E.nforccgum t. All
rights and remedie.'l couveyc..'«l to Grantee under tbls Conservation E.'a!!ement Deed shall e-xtend
5 IIZ89 vl
G-178
to a:nd u·e enf(lroaable by Cl)FG or USFWS. ·T~esQ rights are in addition t .. ;and dp nut limit,
the rlgbt!l of enforeement 11nd(w the NCCP,
7. FouculJQ.hlllntiyn ·nnd Mnht.tAA.ft!i®. Grui1tnr may install und rrtaiotnh• fencing
tlut1 i~ ...-eas.()nnb~ satiBfacto;cy to G-Fautell1 C~F&~ and USFWS to _pruteet the l:louservatJon
valne$ of tlt.o .ProlJ.erty, iuchld.blg, but o~t Unn•Qd to) wildlife. corddors.
8. AC'®ss. Publie a.~4!e&S to the Pt-o.p.~rty shall b~ iu ~11.~erdan~0 widrtho NCCI' and
the Publitl Use Master Plan, whicb .slulll be submitt~d to CDFG and the trSFW.S for review and
appr9val.
9, §nS:nuuJd Linbl!fti'es• liixc~pt ,ns :n~uyidA{l in 111c NCCP, Grar(Jor rre t~ins ~U
rilsponsibiUrtcs Maslu,n b~ar a II c.osts:-a••tllli•bJUtltflf· of:·anr kHrtlt•ehUt!d to t.he o\vtuwsJiip,
O]ler_nt~o.o, ~-pkcup, a,nd lll~dnttlnance uftJto 'PfQP,-tlJ'!;y. Gnmtor a!:JrCe!! Uaat nei f.h,r CUF'<~
nf)t•lJS·F:WS sbnU fu1ve nqy du.ty ()_r rc)ip.On~ibill~l for the o.p~ratitint u.pft9~P or mnittfunt\ttce
of the PrQpvrly; t.be m•mitQJ'iug of 'h~tza~dous. conditions tb~reon, or·th~ pro~tttdon o.f
Grat1tor; fl•e pllbll~ pf any third u~titic;c;Jrom fisk& rch•th•.g t~ .oondJttoW~ on· .tl~~ l»'ropeiiy.
G.ranto1· remain's soJti_fy _rt!SJ.iolisibfe · fo~ Ol>t~•inint an'Y. nppUci•!ilC' g()v.crnmc~t~l ~urmifs and
anpruv.allS f~r a~ ~l.dll'Uy ~J' ns.c l)nm.Ut:u~ ~);' tiJIS CoJ:lS.ervofltlQ-11 El.l~(llii,Cl\t n~.od, ~~d ll11~
:Hiti:Yia,. or trse shall be · undc._.ta.IU:!Ii i:n aC:4!<1lfdaittQ w,ttlt ·adlllpplli!M"ble fe(llfrn\, stare, local
nnd adnJfuisfrativc agenuy. stntut~s, (jrdinan.~es, ilote's, regulations, otr<\ers ahd
requfr.~ment~ •.
Yil. l1l){OSi< No .Liens·. Gr-n.ntov shall pay · bQfu.re dc1in'1uency all t-1\~~'i,
nsscs:ninnits? fct\s~ and cbn~~glls Mwh.~tcv ct·-<J~c~lpflrin le¥l(!tl on or ·n~sessctla~g~i.hS't .tlle
Pro.rut)! ~Y C'Oml.letQlrt·ludbority .(c.o'llt.cdv.e'If ••~~txc8 t).1 lncludhtg 11ny t~es :hup.mtcd '~p_on,
<fr iuc(!rred f'S 1\.t~lllt oj', tbis ·Co.ns.cnnti~n "Eil~e:rnent,.nn(J shall furnish G.r.a,bt·se, C.O:FG,
n·ntl USTI'WS .wtth ·$n~s·fa~tory e..v:idcnce .~r ·pnrmcnl up~m requil~t. Gr~t•ntot nnu , G .• ·tantee
.e.a~J1 sb.~;tll Jurl!l) the l"r..\}.pcrty ·(r~e fro:•n. any:ti~.JI.S't in~lud[flg those ~r~~-g '!\tt.:ot'·cJtclt ~J their
t'C$,pec .,ivll obl{gt•ti,ci,li!Hor ·IJ~Y labor or Jililt~~.:tttlj;. firnibJJ,ed ot' all¢ged t<J have, ~ucn
furnisJtcd at or for us !-on the Propeft)!•
9.2. ii'Oiil .llarmlells .. Grantor shall hold harmless;, proted ftild Jii:dcuinity
Gran lee und ·lhrdire~tors, otfioors, e~pJoy"·ClS, ~gent,ot, ~ontr~ctors, -and l'~p~entativca and
the ·hp'll:li,Jie•·sonnJ rcpr~cntidiltc~, Jucc«isso~s -and nssigns of c.n_.:ll or t_l.lcD! _(iSneb a ":£ir:nntsw
ln!ltnmiW.d r~u~tr'·~ and; collccti:vtJly~ ~~.Gt~antAA'slrpdemojfied P=tu:Uestt) CDF:G.a-nd its
c1kcctors,.ott1cers, c•np.oye~'1i, ag~:n.ts, conb·tuitors, an(l representatives, an~ tbe h.e&s,
~rsonul reprcsentrtth!~$;. su~cessor-s and aS.si us · of encb of th ·ein tencb u ''CDFG
'den • •.d P . 11 llfl~: coJlcdiv«!ly, " · DE : ~ In olnUll.l Pav 'ies'') sn.a : USFWS and its
directors, officers, employel'll, .ngeot~, contractor&, and r(lpl'cscutatins, 11n~ the b.eirs,
pet!8flnal repa 'cse·ntativcs, successors and assigns ot each of them (each a "'USFWS
lndemnifi!Mi.Pttrty" and, collectively, "USF~~s lnde!nnitlcd Ptlrtl~s) from ~tnd ag~inst any
and all liabilities, penalties,, costs, losses, daillag~, expemes (brduding, without limita'tion,
reasonable attorneys~ fees and expt'rts' files), tauses of adi&n, claims, den~ands, orders,
lieus or judgments (&;wh n ''Claim" and, collectively, "Clftims"), arising from or in an.y w~ay
connected witlt: (1) in,fury to or the denth of any p(lrson, or pllysieaJ d·omog.e t.o any
propt•rty, resulting froml\ny net, omission, eondition, or othe•· matter r(>-fatcd to or
6
117.81) v2
G-179
occurring an or about tfte l)l·opc•·ty, l'-egardless of cause, oxeept thnt(a) tbi~t iil(femnifi~ation
sl1aU be inapplicable to Grantee's lb.deannifted Partie~ with resp.t'!ct to 11ny Claim due solely
to the nogJigence or willful misconduct of:·Grantee or any of its employees; (b) tl1is
indenmmcatlon sbaU be inapplicable to ~DFO'slndtnnn~e~ fortle~ with respC!d _to -nriy
Clililn due s.ole.ty to tbe negligence ar wtllftllmi:seonducl of'.Cfili'G or aiiy (jf its en~ployE!es.;
nnd (c)-.this indemnUlc:atio~ shall be i~applil:a .t;lc .to lJStrWS.JndeDUJiri~.d Partlc:s wlfh
resp~t to any claim due 80'lcJy · to (be n~gligeoco ·.or willful tiJf~~oillluet o·f USFWS ot< ofiy Of
its umployoos; (~) the obligntioos sp.ccii'i~tt..in Sections· 4, 9, and ·~.l. If any action or
procccdtng is brought against a..ny ut the ·cUFG lnd~nmified Parti13.~ .b)' rea!r()h of 4il1Y sueh
Cla·im; Gr-nn1or ·&ball, Rf the tloctiou of and upon· written notice frGm CJ)FG, dcfend ·s.ueb
tu:tion or pro·ooetUng ~Y couns.ol rea·sonably acccp.table to tbc CD'FG lndcmniticd P.11rty OJ!
rei.uiblll!St! CDFG for n~l eiJ:arg~s incu.uild f(Jr s~rvltc~ 'of tlic C.~difor.riia. Anoroey Gon·crnl
in defcndi~.th.OJH:tio.U or rm.c.,cdh~~· tf'any action Of pt~.CC.ctli'ug is brougbt .ngafnst:M,Y
ot tlic· USJI'W$ ·l1tdonndfle0 J>.~rtle{l :by re~~.on ·of~qy, SJ.lt.b Claim, _(;rantor-sludl; a·~ tbe
e1cction M and \t,pcm written nOlice fron\ tJSF~VSi deteM such 11ction tu' firocccdlni ~r ..
coumte.l re~sonably ·fJ.CCcptttbJ~ to tltc , USFWS lndeml\iOed Patty or rl)1mbur!le USFWS for
all cba11ges Jnturred 1\)t·i servite'S of'tbe u;~. Attorney .G~ncral bi ihi(endh:•g f:bc -·aetion ot
proccctdh1g.
9/3, cilt. If Circumst-1\n·Q'bS<·ar.IBe lli die futuru th.at a·crHJer the
pur.pos~s or tltl~ G:uns.tr\'·=t.ti:QJ:l ' IISClflenUmrms!llb·e·t().ac&:cnupUIJh) tl:tia' C(ansorvaiioti
lilasctl1.eJlt "~'»-o.t;\ly. b.e tepnl'lllllt~d or e~ttngUlsbed, in wholu ol' in pnr~t ·by judi¢hll
tn-oeeeding~~ inn colu1!of eonlpetent}'urisdieti'o.n ·. ·
9/4. Qlu.deanuqti~.. The t>'tUlpo{fes of tbts eonscrvat.ioll E~.se01ent are
p.res.unu.ifl to be the bt5Sfftlld mnst neeessary tmblie use :as tletined at et)(l~·of Civil
Procedure ~dion •240~68.6 nQtw'itb$JaJ,idiiig ·(;ode ofCivD Pr6.ced\irc St!ttfons 1240.6.9.0
and 1240/100.
10. 'fran$f~r of .Easement. Th18 C'oli.servation E~senicn.t t11 h'BIJsferpble by
Grant®, but GrBntef> m·ay assign this Cons.ervat'i()n li1ascnumt onl~ Co Cl>F.G, to U$FW.S,
or an cn.titr ot orgtp;l2attiO.I\ a~tllot(lz.ed to ·"C<Jedrc arad ho.m c011sc..rv.at1oo e~·~emcnts
.vu••su~hH to 'CivU 61>de S'cct1on ·~t5 i :J. ((jr ·any sul!~essdt pto¥isii)n · tbe'it"llJll)litable.) or th.e
laws ottbc United States, wbicb:is ~pprovcd by Gaautor, ("!j)Ji"O_.ond UStc'WS. Grat.a(~
slutU require the assignee fo rocord tbe :a$1Jigntiteilt in 'tb~uounty wbcri) the PropeJ1Y is
lO£atctJ.
7
G-180
11. 'tnmsfer of' P,r::oe;c•:b .• Grantor agr~cs to htC()I'tJOI"Btc the terms of ihis
Contervat'ion E~semeot by r.eforenf·e in ·an.y deed or o.tber legall instrument by which
Grantor div~tsts it!U!U''~f tthY interest In nil or any portimr of the Prtlperty, including,
without Undtntion, a lea$obold bttcrest. Granior further agre~a to .give wrJtte" notite to
G.trantee, CDF.G, and USli'WS ,of the intentto·transfer afi5• intetMt at h!ast thirty (30) days
prior to tb.c dnte ofsucb t~ans·fo.r. Grantee1 cnFG~ o1· USFWS sht\U lmve the rigbt to
prevcllt subs~qu~nt tr11Wifers Ln w.hicb pr.o.speeti:Ve sub:sequcli.t dainumts or• trimsferees fire
not given -notic~ of the ·cuvenatlts, terms, eonditions jiJld restrieiions of this 'Con.sorvation
Easement. 1'he fMiurc ofQ.IJ~utor, Grn,n~e, CDFG, or lJSFWS to.pcrform any act
provided in this section shaD not impnit' the validity of this ConservntJon Easement or limit
its enforceability in a-ny way.
12. N9tico$~ Auy no,fl(!ll, demtlild, rcqpest,.consuntj approv~l, or c:onlmnntuation
that any P•'~ desire$ or ls r~<Jllirell to give to t)u~ otbe_. pali!i,e.!l-sb1tll be. in writing . and be
·sticf\~ed personally (If sent by recogniZed ov!ll'tllg,lt couti1w ·tlfllt gu-urantees ncxt .. day
d·~Uvcry or by fu·at class maUl llosta~fe. fully p.rcpaid, addr.ess.~d as follows.:
To Gra~tec:
1'u CDFG1
With .a copy ·to:
To LJSFWS:
City, M R<!lncho -.ralos Ve1'dcs
l0940 · ilnlvthor.nc IJ.oulcy~rd
l~ncho I ~l9s Verde&, .Califgi·nin 90275
Aftl:i; ¢lty Man~gcr
Fn:csiOOJle: (3lij) 377-g868
P~IO{I 'f!,}rd~ IJI'tn(l CQn-servancy
916 SiWer·Spur Roadt ·Suite 108·
·Rolling lliJJ.s ltst11tts~-Califovnh• 9:0274
Attn: lexe~utiv~ Director
Depart)Q.ent oUrlsh nnd GilDle
[Mima of Rcglq1ll
jilegton .~~ ndtlress]
At:Ql: Regifmal Manag.er
Dqvartn\~llfQf Fish IUtd Gam.e
Officn u-f the Ueocral 'Cqunsel
l4l'6 Nintb Strue.f, l:Ub Floor
Sft(lranu~••to, Callfornla 95814-2090
Attn: Oenetal Counsel
United Stutes Figb ·and Wildlife Service
fADORESSJ
or to such otbcr Qddress as Grantor; Grantee CDFG or US'FWS may .tlesigmde by written
notice to the otbet• parties. Notice shan be deemed effective upon delivery in the cn~_~c of
pct"Soah\1 delivery or delivery by ovendght courier or, i.n the case Of' deJivcry by first cJass
mail, five (5) days affol' dupo!.lit lnhJ tbe United States mail.
8
112Q9 v2
G-181
13. Antcqllmcnt. This Conl!ervation Easeme•1t may be •mended b:y GnuJtot· and
Grantee Dnly b.y mutual written ngreemont and subjoct to the prior w-ritten approval of
Ci>FG and USFWS; Anf su-cb amendment shilll be tonsistcnt wUb th" purpos~s of this
Conserva.tiQ>n Easentent and Culifornta law goverrling conservation ettsenlll'nts: and ~ha:ll ia&1
affCKit its perp.c*ual duration~ Any such amendment: shall be, recurlled· in the officbd records
of l~os Angeles County, State of California.
(a) Co.ntrorUng :b.a-w. Tht interpretation BJld perf&tmalnce of tltis
Cons-ervation Etrs.emenf shall be ·g:ovllrnw by the lnws of the. State of CaJJt'ornia,
di~regarding the eontltcts of .law p:rinefplti$ of such st.alc.
~b) Llber,al Co.nstr.~Wtlon. De~llite 1\DY gA:n~ral rule of'eonstruction ro. thll
C.OJltr11.cy, tbis-Cons~a'va1tion Ea.so~eof"sbnU I:Je liberqUy con~1rt•ed to . effecHbc p1111poscs of
mirt .Con~c~ntiun Eft!Jenrcnf IUld th~ (Jllli~;y und · putp·ose of t :Ml Coc1e SctliPll IUS., et s(!q.
If any pro"Vision in thls instrument Jid'ound tt;t ·bcJlmbign:ous, an interpretation consist"e.nt
witb the purpo-ses offbi'l Cons_011Vation Easetbent tbAt would rehder the provision vnlid
shan be favored over any iniei!Jn·etatlon th~t would rende.r.l1 iu.vnlid,
(c) -Sey,cr.DbiUtv. Ita cD'U.rt of ®rnpet.ent: jurls(htltion voids. or invalidRtes
on Us fae~ RllY pro.vlrdoo ~~ ihi~ :Ctmservati~D ~ll$~•c:nf D'eed~ ~uch llCfiQn s-hAll not tdl\'l¢t
til~ •~emainder &f:Utls Coiis~rvation Easern.ent .Deed • .If 3 c"Ourf of c(imp\!tent jlt:a·li'idiction
voids o1· lnvalitlates tbc. a:pplhmUbn of ap,v provi!iio.n of Ibis CQnse.rvtttiQn Easemc.nt D.ee<l t9
a pLtrrs.un or clrcunl'st.o.nce, sueh autt.bn shall not affeet the -ap}lUcafion of tbc pt·ovbion to
odler persons or cirMmstanees.
(d) Entire Ag•·comcnt. Thislnstruttlcnu~t~rforth tbc c·nflre ttgr¢cfilcnt -of
the-·parUeN wtth •·cspu<Jtto ··tbe .Con!ii!n'DClon ~a!f~ment aud supcrsoo:e;, nJI pa~ior-·<llsuus:c~•onsJ
n~gotil\fian~ ~ndcr!(l~nding!J; or ~gr.e.ellt.4li!i~ t:~lnting Co t~ C~JI$Cr:vntli>n E·n.senu;nt. No
alteration Ol' 'V·tn•iation of this ins.tvumcilt shall be ~aiid .br bfnding unl.~s c~ntnin·ed in an
amendment 1n ae£ordnnee wida Sedl.oh 13. -
(e) No For(oittn•g. N.otbtn.g· e.ontained .be:rcin wUI result in·~ forfeiture or
reversion of Grantor~s title in any .respect.
(f) 'Suc!!e..l!sor;J. Tbc eovenaots, :t"rms 1 conditionB, and restri~ticms-of tlds
Conservation Eascmeht Dee<l shall be binding upon, nnd inure to the benefit of, the parties
hereto and their re!l{'eiitive personal repl'6.1!U.mta0ves, heirs, successors, 11nd assigns and
shall.eon.stitutc a servliudc tlmtdng in perpetuity with the Property.
(g) Tcrmigation of lUghts JuLd Obligntions. A .Part-y's rights and
obliglltlons·under this Conservation EaSi"lment t{lrmlnnto opon trnnsfer oftlt·c party's
intet·est in tb~ Conserv~tti(Jn ICuscmtnt or J•roperty, ex·cc-pt that liubUity for acts or
omissJons occurring prior to transfer shall survive transfer.
lll$9 vl 9
G-182
(It) Ctmtioos, The ~atJttons in this in:.dl'unl~nt bJ\ve been tns~rted solely
for convenietu.'ll of rillurenttl nnd arc not a pal't of tbi11 h.ts:trument and sboll btvc no effect
upon its cnnstru~tfon or interprcti4tion,
(i) No HazarUoUs • Matctbds-LiabiUty. GY.a·ntor U)>te$cn.ts and warrants
that It b·as· no knowll)dgq Qr notice !)f any llazQrdt~:us Materh,ls (dolht~.d below) or
undcr_gt~ouit<t stor.age 'hmk.cr c~istillg, .g~ncridcd~ tr~ted, stot!ctl, u;scdt. roleAIIOO, disposed of1
dopositcd or' abandoned in, tl'll, nndat·, or ·ftom t·be Pr~Jlerty, or ·trunsp~rtc.d to· or from or
~ft'tltJttng· the Property. Wltb!>ut Uqatting th~ obUgn(lons of Qi•t~ntor undtr Se~tl9n 9.2,
Gnllftor hcliO,~Y rolcas:o~:llitd a~fc'~ ·to litdemnifJ!, prottet and bold harmless·.:tltc G11mtec
indemnified Dattics, the·CDFG lnd~m1nlit~d P~rfi4ls 1tnd trSFWS-tmlcmudfle~ Pm~ties (e.:n.eh
1\.S detlned in S~etion 9.2) ft'oln .and ngatnst ·t:ny and all Claims .(us d~fined in SecUon 912)
arising· Froru or c.o.1Utcctbd w.lth any Hazai:tlous Mn.cer.iols ot·uncic.tJJround storage tanks
pt,CSc'JJt, ll.Utlg~d t:o be plle.Jent, or atb~;~mv•~e ass:~rciated w.tth th_e...~rgpcrQ' ~!. qpy (ilnc, ex_ccnt
that (l) tlii'f 1iadcmnfficntion t~hall be irttlppJicnbiC' to I he Gran teo tnd.emtt1ficd J•-arties ,yi"th
..-esp:e.l.lt to ·llil§lll:ll'tardous Mater1af!t pla~e.a, disposed oJ':-rdeas-ed by Gran-tee, its e~,npl"()ye~~~
orage,ifs,~ud (n') th~ indemnU'icatJ~n .$M11 b~ iu~pplic.able to :fll:41 CftFGTndcrtmified
P·ArQcS:·nrid USli!WS I'JulemnUted P.ndics with respect to ·any Haz·nrdbus:J\~ntethds phu:ed,
dbp:-ost!d or released by CJ)FG-or USFWS (~p:ectivcly), th~~r :em.ptoy.e.~~ or. 41g~nt~. This
r~Joa:s1tand litdenndfication includes; without limitil~i.on,·Ciairtts ~Oll (i) ili;juey to or dcatb of
any person or pbf'siual dnmagc t,o ·ant p·r.oper.~-j tni"d (ll) ·the. oV-ioluflon· ur ·.aJJe~d ·:viulntion
ot ~.r ·o(h~ . .r f~Uurt-t"Q o~m1p"l)~ wl'tll, Jt:llf ~nl-tr~mmO.tlt·td Lftws (d.Q(htcd. b.al9W).. lf~nY. action
or proc~edi.~~is· tirbtU~.bt ag,~litst~nY, or··th-c CDFO Indemnified PartiliS b.y ttlasoi1 of-any
such Clhint, Gtn]l.tor :~hall?-at the eJeetion ·ofand -.pon written. n9tice. r..~l).m CUFG1 d~feti"
s:ucb ltQ(Ion .o:r pr-ac~c41~g b;y -e()U~~cl r,~as~nnbly pceeptabhqo t~-CD'J1G lndemuifie(l
Party· or relnilrurse CDFG fin· ,a,llchar.g_esJncu• ted-f.or s.ervi.'-'-~!Fo.f d1c Cflllfb.r.ola Attorney
Gcncrnl in dcf~m(fi.l1g.~tl~o n.cUoJl or proccQdb'tg. If any ~ction or pi;"U~!*di':lg Js· ~ro\ig~;t
ngitinsJ a~y · of the U'SFWS Ul~l~ulidn~~ Y.~··ticiJ ~ rel\son of rfn~-su~:ii Ghllnt, .Gmntor shan~
at tile cleotton of an·d upon written notice from USI~Ws, defOm.l sn~h 1wtl~~ or proc~~ing
by co.uns£-1 "~ns~o3bly ncceptrtble 'tO th_e,·USFWS Jnlle•~nffied Par"\! oi; t~~Ptb.orsc USJi~w:s
for all eh~trgell -itteurred for services of the United Slate.~ AUo"tTney Gencra:Hn defending tbe
action (lrprocccding.
Despite any con,trar.y pr-oviSion of t~is Conscrvllfion Et\seml5nt Deed, t-he
JH\rties do not intend this Cotisetv.athm Easement to be, 1\Pd this Conservation E3.ln~numt
sbull noll>~, c•m~tr·ucd sudi tb1d it create.s in or gives to C.D.FG, or USFWS:n~y qf the
following!.
(l) The ol,llrg1!tions or liability of an "owner" or tt-opcratori' lts
Chose tcnn:s ~re det1ncd t'nd used in Enviromn·tmtul 'taws (defined beloW)t including,
without Umitathm, the CQmprehonsive· Envir9nmental Rest)onse, Compensation and
Liability Act O"f l980J as amended (42 u.s.c. Section 9601 et &Ytq.; bereinaftei·,
"CERCLA"); or
(2) The obJig;ttJnns or liabilities of a person de~rtbcd ht 42 .li.S.C.
Section 9607(u)(3) or (4); or
]()
G-183
·.'
(3) The Gbligatiom of a respouible pel'Son Ulld~r any applicable
Envirunmllmul LJtl't'Si :or
(4) Tlic rigb.t to:inves"tigate and relnediate any H.ailltdous
Materials nssoeJat~.d with the PropcJ!ty; or
tS) Any control ()ver G.ranioris o:r Ga•antee''lf abiUty to investigate~
rem~ve, remedlat~ or ot~.:~twls~ deft:h l1(r~ny Eiazard.!)ns M~ttwlol$ a$5.oeiated whh the.
Pro;perty .•
The-term. "liln~a~gQ..!.I~iMn,tcrial~'' in~ludC$, witbout lili~.it~UQ~, (J~) inoterhd
(bat is Oamnlable, exploSiVe O'r I fUtiGndtiVCj (ti) pelr<JICl'Ul pJ!bdUCtsj in~)udbi,g -b~ .. pr.od.uciS
and ff.BtfitlltS thf.JI'.ec,f; .and (~) ba:r.1ndO,.US, J.lll'lJpr'i!JJ,<I, Jap!Jrf:JPU!J WftSt~, ht~}lrd!UJ.!I · !}r tu,."tic
subshuhies, Dr a•elatcd tnateritd&· dlifiiu~d in GERCLA, the Rcaour~~ Conservlidtn): a'n'l
Recovory Act .QU9!7(;·.(4~ U.s.C. S~-tion 69ill ~tseq;; h~~emaft~r tttlCRN'),; tfUl tfwtafdous
MatoriiJl ~ Tra.n~,pqrt~ijoo Act (4.9 u,-s,o: S'C «;C-lon · 69Ql et.veq..; hfi!~h\~ftev "'liT A"); tbe
Haturd.ous W<n·ste ·Control Law {Calil'l>t·uiu Health & Snte(f·CiJde -S~ction 25100 et self..;
hereina _fter "l1<;L't~J tb~·~··p.J.'!.nJc.r ... J»r~l~y .i1)mner lla_?..a·rdolls $pl;ls.fn~c~ A~~o.t,mt Ac~
(Caltfornin lic.alf.h ~ .5;~f(tty_ qodo Socti~n ~S30:6 ftseq.th~relllatfte'r ""'SA".), a!id in the
re·goU,_tions _ndop·t~d .ancJ p.td:J it®tions .propud~llted ~qa,~u:uu~t ·tP jhe~~ or .ao_y -other
apP.IJca\Jle Y.:m1i•onm«mtal Laws-no\v iit .'Cffed·c)r eniictod alter tb-e .. dRfe of'thiS.-Coriscl'l'v.~tion
Easement Deed;
Tb~tc.ril1 "Endronntental Law-s.,. ioclu~eS'~ wltbon1lbi_litatio:n, CERCLA,
ltCRA, HTA, HCL, liSA, an.d :oJJ¥ other MeraJ, state, lo n.al or ·adminbir.atlve Rgeney
~;ta1ut~, ot.djn•ne~; rnlc:1 rog•dafl9Dt C)r.aer (ll' req.uir~nJ!ent reJatfng 'o p.oU~tlo_n ;. pt.otection
ofbu·inan health or NufC.~-1 th-e environment o.t<H~il~doos M-aterints-; Grantl:n"·'r{lprC8Cints_.
W·~trr·~nt lr .and co~'~»~n1s to Groute~, CDFG; And llS"FWS. that activi'd'cs up.sm and usc ·-ot tho
Property by OrQ.ntbr, ns QgJ~nts, empJoyeC$t lnv:UJ:cs and contr•n~~ori MJL t':o"pJ,ply with au
Eovironmentltll~aw:s·,
(j) W.-atrallt¥ Grantor represents and warra ·oJ9 thauhere-are tio
outsJand'ing mm·tg~ges, Ucms, oncumbral)·c:e§ Qn.ltlt~r ~ntere$:t'$ in tb~ Pr~.perty (ine.hulmg,
without lindtation, mlncr~tl inturcsts.) :w hicb have nQ1 be11u expressly $itbor.dfu:~rcd ·to tlds
Conservation Enselilent Del.ld, and tb.u.t th-e Prnperty'is n·ot .subject to .any other
conservation easement.
(k) Additional .Eals.cnumts. GJ'!lnto-r shan nat grant any nddUiounl
casements, Jights ot'way or other in1ereJ~ts in the Pro.pe:rty (other than tl security interest
thllt is subtlrdhtatc to this Conserv-ation Easentont Ueed), or grant or ()tilerwbe abandon or
reli.nquish any water 1\greeUJent relating to tbl;! Prop~rty; without ftrst obtaining tbe written
consent ..,rGrantee, CDFG, and USFWS. Grnntee; CDFG, or lJSI?WS may withlw.ld such
consetit it' it determines -that the l>roposed interl!$t or h·ansfer is incon!fist~nt wUh the
purposes of this Conservation Easement or will impair or interfere with the conservation
values of the Property. 'fbls Se·ction 14(k) s.IIRil not prohibit transfer of a too or leasehold
IL
G-184
futert"St in the Property thnt i~ subj,cct t.o tllis Cousct"VflticHJ Easeme"t Deed and complies
wttb Section 11.
(l) ltc.eo.tdlng. G.r~nte.e shaD re~ord tbis C~nscr-:vation Easement Ined in
the Official Re~ords of Los Ang~les ·county; California, and may r.e--recohl it a1 any tittle .ns.
Grante.e d.~cms ncoessary to p:rcserveit$.~lghts in this Conrerv-ution E:usom:~nt,
IN WITNES.~ WUEI.UlO~', tb~. Parties han ex~cu~ed this Con~crv1ttion E.alllcmcnt ~~~
gf the day ·stud yeat· rw.st .s~t forth a b6v"'
CON$:E.RVANC\':
By:
Ca:rolynn htru~ City Clerk
~299 v2
·p ALQ.$. V&R·DES PENI·NSlJLA LAND
C(JNSERV ANCY, a Californ'i,a nou~proflt corporation
CI'I'Y OF RANCRO PALOS··vERDil!S, a California
J.DUui~Jpal ~orp.oration
12
G-185
..
I
STATE OF CALIFORNIA
COUNTY OF ____________ __
)
)
)
On , ___,before me,----------------'
a Notary Public in and for the State of California , personally appeared ---------
-----------------'personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instnunent and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instnunent, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ____________ __
Notary Public in and for the State of California
)
)
)
On _, __ ,before me,----:-.-------------
a Notary Public in and for the State of California, personally appeared -----:-------
-------------------"personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instnunent.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
810965 .5
G-186
. '•
·'
STATE OF CALIFORNIA
COUNTY OF -----------------
)
)
)
On _, __ ,before me, ----------------------------..7
a Notary Public in and for the State of California, personally appeared ----------
-----------------------------·'personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal .
(SEAL)
STATE OF CALIFORNIA
COUNTY OF _________ _
Notary Public in and for the State of Califomia
)
)
)
On _, ___, before me, ______________ __,_ _____________ _,
a Notary Public in and for the State of California, personally appeared ----------
------------------------'personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authotized capacity,
·and that by hisfher signature uh the instrument, ·the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
810%5 .5
G-187
810965.5
EXHIBIT A
TO
CONSERVATION EASEMENT
LEGAL DESCRIPTION OF PROPERTY
A-1
G-188
I ''
EXHIBIT C
(Board Resolution)
13
G-189
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
SPECIAL MEETING
JULY 13, 2005
The meeting was called to order at 6:35P.M. by Mayor Clark in the Fireside Room at
Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately
recessed to closed session. At 6:54P.M., the meeting was reconvened for regular
session.
Roll call was answered as follows :
PRESENT: Long, Gardiner, Wolowicz, Clark
ABSENT: Stern
Also present were Assistant City Manager/City Clerk Carolynn Petru; City Attorney
Carol Lynch; Director of Planning, Building and Code Enforcement Joel Rojas; and
Palos Verdes Peninsula Land Conservancy Executive Director Ba~bara Dye.
APPROVAL OF AGENDA:
Councilman Long, seconded by Councilman Gardiner, to approve the Agenda. By
acclamation, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
REGULAR BUSINESS:
Wildlife Conservation Board Grant Application (1203)
Mayor Clark waived presentation of the staff report.
Councilman Long moved, seconded by Councilman Gardiner to authorize the Mayor
and City Clerk to sign the Grant Agreement between the City and the State's Wildlife
Conservation Board (WCB), and associated documents, related to the granting of
$10,000,000 by the WCB to the City for the purchase of open space. The motion
passed on the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Gardiner, Long, Wolowicz, Mayor Clark
None
None
Stern
Resolution No. 2005-88 Exhibit B
G-190
CLOSED SESSION REPORT:
City Attorney Lynch indicated that Council took no action during the Closed Session.
ADJOURNMENT:
Mayor protem Wolowicz moved, seconded by co·uncilman Long, to adjourn the
meeting. Mayor Clark declared the meeting adjourned at 6:56 p.m.
Attest:
Is/ Carolynn Petru
City Clerk
W:\City Council Mlnutes\2005\20050713 CC MINS SPECIAL MTG .doc
/s/ Larry Clark
Mayor
Resolution No. 2005-88 Exhibit B
City Council Minutes-Special Meeting
July 13, 2005
Page 2 of 2
G-191
''
RESOLUTION NO. 2005~88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MEMORIALIZING AND RESTATING APPROVAL
AND AUTHORIZATION FOR EXECUTION OF A GRANT AGREEMENT
BETWEEN THE STATE OF CALIFORNIA WILDLlFE CONSERVATION
BOARD AND THE CITY FOR FUNDING WITH WHICH TO PURCHASE
OPEN SPACE LANDS.
WHEREAS, the City of Rancho Palos Verdes seeks grant funding from the State
of California Wildlife Conservation Board for the purpose of purchasing certain lands for
wildlife habitat preservation, restoration and management, wildlife-oriented education
and research, and for compatible public or private uses, all as may be consistent with
wildlife habitat preservation and protection of sensitive biological resources; and,
WHEREAS, pursuant Chapter 4, Division 2 (commencing with Section 1300) of
the California Fish and Game Code, the State of California Wildlife Conservation Board
proposes to grant the City of Rancho Palos Verdes $10,000,000.00 for the purchase of
open space lands in the City, subject to certain terms and conditions as set forth in the
Grant Agreement, a true and correct copy of which is attached hereto as Exhibit "A";
and, ·
WHEREAS, on July 13, 2005, the City Council authorized the Mayor and the City
Clerk to sign the Grant Agreement between the City and the Wildlife Conservation
Board along with associated documents related to the granting of $10,000,000.00 by
the wildlife Conservation Board to the City for the purchase of open space lands; and,
WHEREAS, on July 14, 2005, copies of the Grant Agreement and associated
documents signed by the Mayor were transmitted to the Wildlife Conservation Board;
and
WHEREAS, a true and correct copy of the minutes from the July 13, 2005, City
Council meeting are attached hereto as Exhibit "B"; and,
WHEREAS, this Resolution memorializes and restates the City Council's July
13, 2005, action authorizing the Mayor and the City Clerk to sign the Grant Agreement
and associated documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby adopts this Resolution memorializing and
restating its authorization for the Mayor and City Clerk to sign the Grant Agreement and
associated documents relating to the receipt of the $10,000,000.00 grant from the
Wildlife Conservation Board for the acquisition of open space lands in the City.
G-192
'I
Section 2: The City Council hereby authorizes and directs City staff to take any
and all actions necessary to effectuate and implement the Grant Agreement on behalf of
the City.
PASSED, APPROVED, AND ADOPTED this 16th day of August 2005.
Attest:
Is/ Carolynn Petru
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
/s/ Larry Clark
Mayor
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2005~88 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 16, 2005.
G-193
. EXHIBIT D
(WCB Logo)
St.ate ·of . Ca .llf .o.rnia .
Wildlife Conservation Board
14
G-194
' I
Recording requested by, and
when recorded, return to:
State of California
Wildlife Conservation Board
Attn: D. Townsend (Land Agent)
1807 13th Street, Suite 103
Sacramento, CA 95814~ 7137
EXHIBITE
Project Name: Portuguese Bend Nature Preserve
County: Los Angeles · ·
Space above this line for Recorder's use
NOTICE OF UNRECORDED GRANT AGREEMENT
This Notice of Unrecorded Grant Agreement (Notice), dated as of ,
-=----=-' is recorded to provide notice of an agreement between the State of California, by and
through the Wildlife Conservation Board ("WCB~) and ·the City of Rancho Palos Verdes
(
14 Recipient").
RECITALS
A. On WCB and Recipient entered into a certain
Grant Agreement, Grant No. WC~5004DT ("Grant"), pursuant to which WCB granted to Recipient
cer)aln funds for the acquisition of fee interest in certain real property, more particularly described in
att~ched Exhibits A and A-1, and incorporated by reference (the "Real Property").
B. Un.der the terms of the Grant, WCB reserved certain rights with respect to the Real
Property.
C. Recipi~nt is required under the terms of the Grant to execute this Notice to provide
constructive notice to all third parties regarding WCB's reserved rights under the Grant.
NOTICE
1. The Real Property (including any portion of it or any interest in it) may not be sold· or
exchanged without the written approval of the State of California, acting through the Executive
Director of the Wildlife Conservation Board, or its successor, provided that such approval shall not
·be unreasonably withheld as long as the purposes for which the Grant .was awarded are maintained.
2. The Real Property (including any portion of it or any interest in it) may not be used a~
security for any debt without the written approval of the State of California, acting through the
Executive Director of the Wildlife Conservation Board, or its successor, provided that such approval
shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are
maintained.
3. For additional terms and conditions of the Grant, reference should be made to the
Grant Agreement which is on file with the Wildlife Conser:vation· Board, "1807 13th Street, Suite 1 03,
Sacramento , California 95814-7137; mailing address: Wildlife Conservation Board, c/o Department
of Fish and Game, P. 0. Box 944209, Sacramento, CA 94244-2090.
RECIPIENT OF GRANT FUNDS:
CITY OF RANCHO PALOS VERDES
By:-----------
15
G-195
' I
EXHIBIT A
PORTUGUESE BEND PROPERTY
LEGAL DESCRIPTION
Real property In the Qty of Rancho Palos Verdes, County of Los Angeles, State of California,
described as follows:
PARCEL 1:
THOSE PORTIONS OF PARCELS 72, 73, 74, 88, 89 AND 90 OF LOS ANGELES COUN1Y
ASSESSOR'S MAP NO. 51, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN
BOOK 1 PAGE 1 OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECITON OF THE NORTHERLY liNE OF PALOS VERDES DRIVE
SOliTli, 80 FEET WIDE, AS SHOWN ON SAID MAP, WITH THE WESTERLY BOUNDARY LINE OF
TRACT 22835, IN SAID OTY, AS PER MAP RECORDED IN BOOK 603 PAGES 62 TO 65 INCLUSIVE
OF MAPS, IN -THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERLY,
NORTIIWESTERLY ALONG THE WESTERLY AND SOUTHWESTERLYUNES OF LOTS 1, 29, 30, 31,
32 AND 33 OF SAID TRACT 22835 TO THE MOSf WESTERLY CORNER OF SAID LOT 33; TI-IENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY BOUNDARY liNES OF LOiS 33, 34 AND 35 _QF
SAID TRACT 22835 TO THE SOU1liEASTERL Y UNE OF SAID, PARCEL 89; THENCE NORTHERLY
ALONG THE GENERAL SOUTHEASTERLY UNE OF SAID PARCEL 89; TO THAT CERTAIN COURSE
IN THE NORTHEASTERlY BOUNDARY UNE OF SAID PARCEL 89, SHOWN.AS HAVING A BEARING
OF NORTH 41 DEGREES 27' so• WEST AND A LENGTH OF 285.46 FEET'; THENCE ALONG SAID
NORTHEASTERLY BOUNDARY liNE, NORTH 41 DEGREES 27' 50" WEST TO A POINT DISTANT
THEREON SOUTH 41 DEGREES 27' SO" EAST 60.00 FEET FROM THE NORTHWESTERLY
TERMINUS OF SAID CERTAIN COURSE; THENCE' SOUTH 43 DEGREES 24' 56" WEST 1007.13
FEET; THENCE 'NORTH 57 DEGREES 01' 22n WEST 235.00 FEET; THENCE NORTH 18 DEGREES
36' 00" WEST 130.53 FEET; THENCE NORlli 28 DEGREES 58' 52" WEST 522.07 FEET; THENCE
NORTH 10 DEGREES 33' 20" WEST 510.00 FEET; THENCE NORTH 41 DEGREES 38' 00" EAST
240.83 FEET; THENCE NORTH 21 DEGREES 57' 50" EAST 338.18 FEET TO THE MOST WESTERLY
CORNER OF LOT 24 OF RECORD OF SURVEY, FILED IN BOOK 57 PAGES 4 TO 8 INCLUSIVE OF
RECORD OF SURVEYS, RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE
NORTHWESTERLY BOUNDARY UNE OF SAID RECORD OF SURVEY TO THE SOUTHWESTERLY
BOUNDARY UNE OF RECORD OF SURVEY, FILED IN BOOK 57 PAGES 35 AND 36 OF RECORD OF
SURVEY, RECORDS OF SAID COUN1Y; lliENCE IN A GENERAL NORlliERl Y DIRECTION ALONG
THE GENERAL WESTERLY UNE OF SAID LAST MENTIONED RECORD OF SURVEY TO THE
SOtm-IWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL liN DEED TO JULIUS 8.
HANOVER AND WIFE, RECORDED ON SEPTEMBER 171 1947 AS DOCUMENT NO. 1467, IN BOOK
25140 PAGE 419, OFFIOAL RECORDS; THENCE NORTHWESTERLY ALONG SAID
SOUTHWESTERLY LINE TO THE SOUTHEASTERLY BOUNDARY LINE OF TRAer 2-4817, IN SAID
CITY, AS PER MAP RECORDED IN BOOK 661 PAGES 79 TO 81 INCLUSIVE OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID coum; THENCE SOUTHWESTERLY AND
, NORTHWESTERLY ALONG THE GENERAL SOUTHEASTERLY !'\NO SOUTl1WESTERLY BOUNDARY
LINES OF SAID "ffiAGr 24817, THROUGH ITS VARIOUS COURSES, TO THE NORTHEASTERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF TilE !.AND DESCRIBED IN DEED TO
FIUORUM CORPORATION, RECORDED ON JULY 9, 1953 AS DOCUMENT NO. 3122 IN BOOK
42176 PAGE 310, OFFIOAL RECORDS; THENCE SOUTHWESTEFtlY ALONG SAID ,
NORTHEASTERLY PROLONGATION AND SAID LAST MENTIONED SOUlliEASTERL Y UNE TO THE
NORniWESTERLY BOUNDARY UNE OF SAID PARCa 74; THENCE SOUTI-iERLY ALONG THE
NORTHWESTERLY BOUNDARY IJNE OF SAID PARCEL 74 TO AND ALONG THE NORlliWESTERLY
BOUNDARY LINE OF SAID PARCEL 73 TO THE EASTERLY LiNE OF THE LAND DESCRIBED AS
Page 1 of 4 G-196
PARCEL 4 OF DEED RECORDED ON AUGUST 1, 1945 AS DOCUMENT NO. 967 IN BOOK 22193
PAGE 227, OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID LAST MENTIONED EASfERLY
LiNE, THROUGH ITS VARIOUS COURSES TO THE B0UNDARY UNE OF THE LAND DESCRIBED AS
PARCEL 1 IN THE DEED TO HOMER W. BALE AND WIFE, RECORDED ON MARCH 12, 1957 AS
DOCUMENT NO. 1841 IN BOOK 53890 PAGE 167, OFFICIAL RECORDS; THENCE EASTERLY AND
SOUlliERLY ALONG'SAID lAST MENTIONED BOUNDARY UNE TO THE EASTERLY BOUNDARY
LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO HOMER W. BALE AND WIFE,
RECORDED ON DECEMBER 11, 1958 AS DOCUMEffl' NO. 447 IN BOOK D301 PAGE 719,
OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID LAST .MENTIONED BOUNDARY LINE TO
THE NORTHERLY BOUNDARY LINE OF PARCEL2 OF DEED RECORDED ON AUGUST 2, 1945 AS
DOCUMENT NO . 967 IN BOOK 22193 PAGE 227, OFFICIAL RECORDS; THENCE EASTERLY AND .
SOliTHERL Y ALONG THE NORTHERLY AND EASTERLY BOUNDARY LlNES OF PARCELS 2 AND 1
(RESPECTIVELY) OF SAID DEED RECORDED IN BOOK 22193 PAGE 227, OFFICIAL RECORDS, TO
11-IE NORTHERLY llNE OF LOT 3 OF TRACT 14118, AS PER MAP RECORDED IN BOOK 306
PAGES 34 AND 35 OF MAPS, IN lliE OFfiCE OF 11-IE ·COUN1Y RECORDER OF SAID COUNTY;
THENCE IN GENERAL.EASTERLY AND SOUTHERLY DIRECTION ALONG lliE GENERAL.
NORTHERLY AND EASTERLY BOUNDARY LlNE OF SAID TRACT 14118 TO THE NORTHERLY llNE
OF PALOS VERDES ORNE SOUTI-1 80.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE IN A
GENERAL EASTERLY DIRECIT.ON ALONG lHE NORTHERLY llNE OF SAID PALOS VERDES DRIVE
SOUTH TO THE POINT Of BEGINNING.
EXCEPT THEREFROM THAT. PORTION OF SAID LAND DESCRIBED AS PARCEL 1 OF THE DEED TO
--~ · PALOS VERDES WATER COMPANY, A CORPORATION, RECORDED ON SEPTEMBER 4, 1947 AS
-,':":':~ DOCUMENT NO. 773 IN BOOK 25061 PAGE 65, OFACIAL RECORDS.
PARCEL2:
THOSE PORTIONS OF LOTS 45, 48 AND 49 OF L.A.C.A. 'MAP NO. 51, IN THE CITY OF RANCHO
PALOS VERDES, COUNTY OF LOS ANGEI_J:S, STATE OF CAUFORNIA, AS PER MAP RECORDED IN
BOOK 1 PAGE 1 OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
· BEGINNING AT THE INTERSECT10N OF THE MOST WESTERLY CORNER OF Laf 2 OF TRACT
27065, AS PER MAP RECORDED IN BOOK 689 PAGE 22 OF MAPS, IN TiiE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, wrTli THE NORTHERLY UNE OF CREsT ROAD, 80 FEET
WIDE, AS SHOWN ON A MAP OF SAID TRACT; 11-IENCE WESTERLY ALONG SAID NORTHERLY
LlNE WHICH IS A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 540.00 FEET, AN
ARC DISTANCE OF 240.59 FEET; THENCE CONTINUING ALO~G SAID NORTHERLY LINE SOUTH
890 22' 15" WEST 85.29 FEET TO THE SOUTlfEAST CORNER .OF LOT 1 TRACT 27113,
RECORDED IN BOOK 689 PAGES 45 TO 50 INO.USIVE OF MAPS, IN THE OFFICE OF "THE
COUNTY RECORDER OF ·SAID COUNTY; THENCE ALONG SAID EASTERLY BOUNDARY OF SAID
LOT 1 AND ·TI-IE EASTERLY, NORTI-IEASlERLY AND NORTHERLY BOUNDARY OF SAID LAST
MENTIONED TRACT THE FOLLOWING COURSES AND DISTANCES:
NORTII 30° 12' 12" EAST 163.05 FEET; SOUTH 890 33' 55" WEST 472.92 FEET; NORTH 45° 07'
S3" WEST 2.42.59 FEET; NORTI-1 51° 24' 07" WEST 1299.42 FEET; SOtmt ago 34' 54" WEST
524.46 FEET; THENCE NORTH ·23o SO' 49" WEST 151.97 FEET TO TiiE SOUTHERLY BOUNDARY
UN£; OF SAlO LOT 45; 11-IENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 81° 34' 30" WEST
460,53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 45; THENCE NORTH ALONG THE
WESTERLY BOUNDARY LINE OF SAID LOT 45, SAID WESTERLY BOUNDARY UNE ALSO BEING
THE EASTERLY UNE OF TRACT 4400, AS PER MAP RECORDED IN BOOK. 72 PAGES 95 AND 96
OF MAPS, IN THE OFFICE OF 11-IE COUNTY RECORDER OF SAID COUNTY, TO A POINT ON SAID
BOUNDARY LINE DISTANT SOUTH 890 59' 42" WEST 399.85-FEET FROM THE SOU111WEST
Page 2 of 4
G-197
CORNER OF LOT 59, TRACT 28053, AS PER MAP RECORDED IN BOOK 784 PAGES 35 TO 40
INCLUSIVE 'OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUN1Y; SOUTH
1-20 10' 03" EAST 359.53 FEET; NORTH 77° 06' 00" EAST 403.00 FEET; ntENCE SOUTH 730 14'
00" EAST 135".29 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 05° 45' 56"
WEST 575.53 FEET TO THE SOUTHERlY TERMINUS OF A CERiArN COURSE IN THE WESTERLY
BOUNDARY OF TRACT 350451 AS PER MAP RECORDED IN BOOK 947 PAGES 67 TO 72
INCLUSIVE OF MAPS, IN THE OFFICE OF ll-lE COUIIITY RECORDER OF SAID COUNTY, HAVING A
BEARING AND LENGTH .OF NORTH 05o 45' 56" EAST 304.23 FEET; lHENCE CONTINUING
ALONG THE SOUTI-tWESTERLY AND SOUTHERLY BOUNDARY OF SAID TRACT 35045. THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 360 11' 40" EAST 195.45 FEET; NORTH 890 58' 27• EAsT 60.00 FEET; SOUTH 62° 24'
53" EAST 126.02. FEET; SOUTH 770 23' 07" EAST 79.94 FEET; SOlJfH 89° 46' 49" EAST 141.86
FEET; SOUTH 700·49; 41 11 EAST 98.10 FEET; NORTH 710 09' 07" EAST 108.36 FEET TO THE
MOST SOUTHERLY CORNER OF TRAer 28205, AS PER MAP RECORDED IN .BOOK 832. PAGES 35
AND 36 OF MAPS, IN lHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 28205 THE FOLLOWING COURSES .AND
DISTANCES: .
NORTH 710 15' 00" EAST 119.74 FEEr; NORTH 870 20' 00" EASr 178.00 FEET; SOUTH 690 15'
00" EAST 150.01 FEET; SOUTH 690 00' 00" EAST 27.98 FEET TO THE MOST WESTERLY CORNER
OF LOT 11 OF TRACT 27090, AS PER MAP RECORDED IN BOOK 689 PAGES 11 AND 12 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE CONTINUING ALONG
THE SOUTHERLY BOUNDARY OF LOTS 11 AND 10 OF SAID TRACT, SOUTH 69° 00' 00" EAST
157.02 FEET TO THE WESTERLY UNE OF HAWTHORNE BOULEVARD, 100 FEET WIDE, AS
SHOWN ON SAID MAP; !HENCE SOUTHWESTERLY ALONG SAID WESTERLY UNETO THE
INTERSEC110N OF SAID WESTERLY UNE WITH THE MOST EASTERLY CORNER OF LOT 2 OF
SAID TRAer 27065; THENCE ALONG THE NORTHERLY BOUNDARY UNE OF SAID LOT 2 TilE
FOLLOWING COURSES AND DISTANCES:
SOlJTl-1 12 DEGREES 10' 03" EAST 359.53 FEET; NORTH 77 DEGREES 06' 00" EAST 403.00 FEET;
THENCE SOUTH 73 DEGREES 14' 00" EAST 136.00 FEET; THENCE LEAVING SAID SOUTHERLY
BOUNDARY SOUTH OS DEGREES .46' 50'' EAST 271.34 FEET TO A POINT IN THE SOUTHERLY
BOUNDARY OF SAID LOT 45, DISTANT THEREON EAST 521.44 FEET FROM THE WESTERLY END
OF A STRAIGHT UNE IN SAID SOUTHERlY BOUNDARY HAVING A BEARING AND LENGTH OF
WEST 1639.97 FEET; THENCE CONTINUING SOUTI-1 OS DEGREES 46' 50'' EAST 304.23 FEET;
THENCE SOUTH 36 DEGREES 22' 36" EAST 194.82 FEET; THENCE EAST 60.00 FEET; 11-IENCE
SOUTH 62 DEGREES 2i1 00" EAST 126.00 FEET; THENCE SOUTH n DEGREES 20' 00" EAST
80.00 FEET; THENCE SOUTli 89 DEGREES 45' 00" EAST 142.00 FEET; THENCE SOUTH 70
DEGREES 45' 00" EAST 98.00 FEET; ll-lENCE NORTH 71 DEGREES 15' 00" EAST 228.00 FEEf m
THE EASTERLY TERMINUS OF A CERTAIN COURSE IN THE SOUTHERLY BOL)NDARY OF TRACT
28205, AS PER MAP RECORDED IN BOOK 832. PAGES 35 AND 36 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, HAVING A BEARING AND LENGTH Of NORTH 71
DEGREES 15' 00" EAST 119.74 FEET; THENCE CONTINUING ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT 28205 THE FOLLOWING COURSES AND DISTANCES:
· NORnt 87 DEGREES 20' 00" EAST 178.00 FEET; SOlffit 69 DEGREES 15' 00" EAST 150.01 FEEr;
~Olffil 69 DEGREES 00' 00" EASf 2.7L98 FEET TO 11-IE MOSfWE:SlmLY CORNER.OF LOT 11 OF
TRAer 27090, AS PER MAP RECORDED IN BOOK 689 PAGES 11 AND 12 OF MAPS, IN lliE ·
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE CONTINUING ALONG THE
SOUTHERLY BOUNDARY OF LOTS 11 AND 10 OF SAID TRACT, SOlJTl-1 69 DEGREES 00' 00"
EAST 157.02 FEET TO THE WESTERLY UNE OF HAWTHORNE BOULEVARD, 100 FEET WIDE, AS
SHOWN ON SAID MAP; THENCE SOUlltWESTERL Y ALONG SAID WESTERLY LlNE TO THE
Page 3 of 4
G-198
I' I
INTERSECITON OF SAID WESTERLY LlNE WITH THE MOST EA.STCRL Y CORNER OF LOT 2 OF
SAID TRACT 27065; THENCE ALONG 1HE NORTHERLY BOUNDARY UNE OF SAID LOT 2. THE
FOLLOWING COURSES AND DISTANCES: .
NORTH 59 DEGREES 47' 49" WEST 100.00 FEET; SOlffif 60 DEGREES 08' 35" WEST 118.56 .
FEET; THENCE SOUTH 2.4 DEGREES 53' 59" WEST 100.00 FEEr TO THE POINT OF BEGINNING.
APN: 7572·001
Page 4 of 4
G-199
EXHIBIT A-1
AGUA ArulARGA CANYON PROPERTY
LEGAL DESCRIPTION
ReaJ property In the unincorporated area of the cOunty of Los Angeles, State of california ,
described as follows:
A PORTION OF LOT "H " OF RAN CHO PALOS VERDE S, I N THE COU NlY OF LOS ANGELE S, STATE
OF CA UFORNI A, AL LOffiD TO JOTHAM BIXBY ElY DECREE OF PA RTffiON "BIXBY, ET AL., VS.
BENT, ET AL.," CASE NQ. 2373 IN TilE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF
SAID SfA~, IN AND 'FOR SAID COUNTY, AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS,
IN TilE SUPERIOR COURT OF SAID COUNTY;
BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED
TO PALOS VERDES WATER COMPANY, RECORDED MAY 9, 1947 AS INSTRUMENT NO. 1486 IN
BOOK 24530 PAGE 266, OFFICIAL RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF
LOT tTRACT 17354, AS PER MAP RECORDED IN BOOK 441 PAGES 42 AND 43 OF MAPS, NORTH
10 DEGREES 31' 50" EAST 160.74 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 1 AND
THE MOST SOUTHERLY CORNER OF LOT 30 OF TRACT 14114, AS PER MAP RECORDED IN BOOK
300 PAGES ~AND 7 OF MAPS; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
TRACT 14114, NORTH 56 DEGREES 00' 00" EAST 280.00 FEET TO THE MOST WESTERLY
CORNER OF LOT 14 OF TRACT 12866, AS PER MAP RECORDED IN BOOK 246 PAGES 20 AND 21
OF MAPS; THENCE SOUTH 30 DEGREES 51' 36" EAST ALON~THE SOUTHWESTERLY BOUNDARY
OF SAID LOT 14, A DISTANCE OF 227.29 FEET TO THE CENTER UNE OF MIDDLERIDGE ROAD
AS SHOWN ON SAID LAST MENTIONED MAP AND 'AN ANGLE POINT IN THE NORTHERLY ·
BOUNDARY OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO GILBERT L. COBB AND WIFE,
RECORDED IN BOOK 20964 PAGE 284, OFFICIAL RECORDSi THENCE ALONG SAID NORTHERLY
BOUNDARY NORTH 80 DEGREES 51' DO" WEST 125.40 FEET, SOUTH 59 DEGREES 55' 00" WEST
137.00 FEET AND SOUTH 71 DEGREES 05' 00" WEST 158.00 FEET TO THE NORTHWEsTERLY
CORNER OF SAID LAND AND THE POINT OF BEGINNING.
APN: 7569·020-002
P a ge 1 o f 1
G-200
Grant Documents
for Malaga Canyon Reserve
G-201
/
''
CALIFORNIA WILDLIFE CONSERVATION BOARD
GRANT AGREEMENT
FOR
ACQUISITION OF FEE INTEREST
Grantee: Name:
Address:
Attn:
Phone:
Fax:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Joel Rojas, Director of Planning, Building and
Code Enforcement
(31 0) 544-5223
(31 0) 544-5293
Federal Employers ID No.:ffaxpayer ID No.: 95-2867872
Project Name:
Project Location:
WCB Grant Agreement Number:
WCB Project ID:
Grant Agreement Amount:
Notices to be addressed to:
For Grantee:
For Grantor:
With a copy to:
Ocean Trails HCPLA 2009 (Angeles LLC)
Within Malaga Canyon, City of Rancho Palos
Verdes
WCc1325BG
2013148
Not to exceed $329,750.00
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Attn: Joel Rojas, Director of Planning, Building
and Code Enforcement
Wildlife Conservation Board
1807 13th Street, Suite 103
Sacramento, CA95811-7137
Attn: Executive Director
Department of Fish and Wildlife
1416 Ninth Street, 1ih Floor
Sacramento, CA 95814
Attn: Director
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G-202
1. SCOPE OF AGREEMENT
Pursuant to Chapter 4 of Division 2 (commencing with Section 1300) of the
California Fish and Game Code and the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Fund of 2006 (Proposition 84, Public
Resources Code Section 75055(c)) the Wildlife Conservation Board ("Grantor") hereby
grants to the City of Rancho Palos Verdes, ("Grantee"), a sum not to exceed Three
Hundred Twenty-Nine Thousand Seven Hundred Fifty Dollars ($329,750.00) ("Grant
Funds"), upon and subject to the terms and conditions of this Grant Agreement for
Acquisition of Fee Interest ("Agreement").
2. PURPOSES OF GRANT
Grantor is entering into this Agreement, and the Grant Funds shall be used, only for
the purpose of the project (the "Project") described as: Grantee's acquisition of fee title to
approximately 42± acres of land known as the Angeles LLC property, located in the City of
Rancho Palos Verdes, California (the "Property"). The Property is more particularly
described in Exhibit A attached to this Agreement.
Grantee covenants and agrees that if Grantor deposits the Grant Funds into escrow
and Grantee acquires the Property, the Property shall be held and used for the purposes
of protecting California gnatcatcher habitat and potential habitat for the Palos Verdes
butterfly, the coastal cactus wren and other rare species found within and adjacent to the
Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation
Plan (NCCP/ HCP) area, restoration and management, wildlife-oriented education and
research, and for compatible public or private uses, all as may be consistent with wildlife
habitat preservation and protection of sensitive biological resources (individually and
collectively, the "Purposes of Grant").
3. CONDITIONS OF GRANT
Grantor's obligation to disburse Grant Funds under this Agreement is conditioned
upon and subject to the satisfaction of all of the following conditions precedent:
3.1. Grantor shall have reviewed and approved all documents pertaining to
Grantee's acquisition of the Property, including, without limitation, appraisals,
preliminary title reports and items referenced therein, options, agreements for
purchase and sale, escrow instructions, and instruments of conveyance. Such
review and approval by Grantor shall not be unreasonably withheld or delayed.
Grantee shall have removed or caused to be removed, or otherwise addressed to
the satisfaction of Grantor, any encumbrances or defects of title that Grantor
determines are inconsistent, or could interfere, with the Purposes of Grant. Any
outstanding security interests or monetary encumbrances affecting the Property
shall have been terminated.
3.2. Grantee shall acquire the Property from a willing seller for a purchase price
that does not exceed the fair market value of the Property, as established by an
appraisal that is conducted by an appraiser who is licensed pursuant to Part 3
(commencing with Section 11300) of Division 4 of the Business and Professions
Code. The appraisal shall be prepared pursuant to the Uniform Standards of
Professional Appraisal Practice (USPAP) and approved by the Department of
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G-203
General Services. The appraisal shall become part of the project file maintained by
Grantor and shall be retained for no less than three years from the date of value.
3.3. Grantor shall have reviewed and approved a certified resolution or other
appropriate action of the governing board or governing body of Grantee, authorizing
the execution and performance of this Agreement and the acquisition of the
Property by Grantee. Upon approval by Grantor, the authorizing resolution or other
action shall be attached to this Agreement as Exhibit B.
3.4. Grantee shall have deposited, or caused to be deposited, into escrow all
funds beyond those granted under this Agreement that are needed for Grantee to
complete the Project.
3.5. Concurrently with this Agreement, WCB and Grantee have entered into
Subgrant Agreement No. SG-1305BG, pursuant to which WCB agrees to subgrant
to Grantee the entire federal share of funding to facilitate Grantee's acquisition of
the Property.
3.6 Grantee shall have provided WCB with a written commitment by Grantee for
management of the Property in perpetuity consistent with the Purposes of Grant
and according to the provisions of the NCCP/HCP for managing preserved lands in
perpetuity and for funding such management. This commitment shall be attached
to this Agreement as Exhibit E.
3.7 Grantee shall have provided WCB with written certification that the Acquisition is
not intended, and shall not serve, to satisfy any local, State or federal regulatory
requirement (e.g., mitigation for any local, State or federal permit), including but not
limited to complying with a biological opinion under Section 7 of the Endangered
Species Act of 1973, 16 U.S.C. Section 1361 et seq., as amended ("ESA"), or
fulfilling commitments of a Habitat Conservation Plan under Section 10 of the ESA
(the "Certification"). WCB understands that, following acquisition by Grantee, the
Property will be preserved and managed in accordance with and will fulfill certain
commitments under the NCCP/HCP, to the extent provided for in the Federal Grant
Application and the Federal Grant Agreement. The Certification shall be attached to
this Agreement as Exhibit F.
4. DISBURSEMENT PROCEDURE
Except as provided in paragraph 17, upon satisfaction of all of the above Conditions
of Grant, and subject to approval of the Project by the Wildlife Conservation Board at a
duly noticed public meeting, Grantor shall disburse the Grant Funds directly into an escrow
account established for the Project according to the following procedure:
4.1. Grantee shall request disbursement of the Grant Funds by sending a letter to
the Grantor ("Disbursement Request"). The Disbursement Request shall be signed
by an authorized representative of Grantee and shall contain all of the following:
a. Name and address of Grantee;
b. Project Name and Number of Grant Agreement;
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c. Dollar amount and purpose of disbursement;
d. Name, address and telephone number of the title company or escrow
holder, name of the escrow officer, and the escrow account number to which
the Grant Funds will be disbursed; and
e. A certification by Grantee that all funds (exclusive of the Grant Funds
to be provided under this Agreement) needed to complete the Project have
been secured and have been or will be deposited to escrow prior to or at the
same time as the requested Grant Funds.
4.2. After receipt of the Disbursement Request, Grantor will promptly and timely
(estimated to be 45 working days from the date Grantor receives the Disbursement
Request) disburse an amount not to exceed Three Hundred Twenty-Nine Thousand
Seven Hundred Fifty Dollars ($329,750.00) into the designated escrow account.
5. GRANTEE'S COVENANTS
In consideration of Grantor's disbursement of the Grant Funds, Grantee hereby
covenants and agrees as follows:
5.1. The Grant Funds shall be used as purchase money only, which excludes
escrow and title fees and any other fees and costs incurred to accomplish the
transaction and the conveyance and acquisition of the Property.
5.2. The Property shall be held and used only in a manner that is consistent with
this Agreement, including the "Purposes of Grant" set forth in Section 2.
5.3. Grantee shall recognize the cooperative nature of the Project and shall
provide credit to the Grantor, the California Department of Fish and Wildlife
("CDFW") and any other contributor on signs, demonstrations, promotional
materials, advertisements, publications or exhibits prepared or approved by Grantee
referencing the Project. Subject to the mutual agreement of Grantor and Grantee
regarding text, design and location, Grantee shall post sign(s) on the Property to
indicate the participation of Grantor and CDFW in Grantee's purchase of the
Property; provided however, that the sign(s) shall display Grantor's logo, as shown
on Exhibit C.
5.4. The Property (including any portion of it or any interest in it) shall not be sold,
transferred, exchanged or otherwise conveyed without the written approval of the
State of California, acting through the Executive Director of the Wildlife
Conservation Board ("WCB"), or its successor. Such approval shall not be
unreasonably withheld as long as the Property shall continue to be held and used
only in a manner consistent with this Agreement, including the Purposes of Grant
set forth in Section 2, and each successor-in-interest assumes and agrees in writing
to be bound by the terms, covenants and conditions of this Agreement.
5.5. The Property may not be used to satisfy any requirement or condition
imposed by any permit, agreement, authorization or entitlement for use
("Mitigation"), including but not limited to any requirement to compensate for or
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G-205
otherwise offset impacts of an activity, without the written approval of the State
acting through the Executive Director of WCB or its successor. The State shall not
approve any Mitigation on account of (i) the protection of the Property resulting from
its acquisition or ownership by the Grantee, (ii) any Mitigation that is inconsistent
with this Agreement, or (iii) any activity on the Property (including but not limited to
restoration) to cure, correct or otherwise remedy any breach or default of this
Agreement. If the State approves any Mitigation under this paragraph, such
approval shall be for the purposes of this Agreement only. Actual Mitigation
requirements and conditions will be established and enforced by the authorities
imposing them.
5.6. The Property (including any portion of it or interest in it) may not be used as
security for any debt without the written approval of the State of California, acting
through the Executive Director of WCB, or its successor.
5.7. Grantee shall record or cause to be recorded, concurrently with close of
escrow for the purchase of the Property, a Notice of Unrecorded Grant Agreement
(the "Notice"), incorporating by reference this Agreement and giving public notice
that Grantee received funds under this Agreement in order to assist Grantee in
acquiring the Property and that, in consideration for the receipt of the Grant Funds,
Grantee has agreed to the terms of this Agreement. The Notice shall be in the form
of Exhibit D.
5.8. Grantee shall provide to Grantor, promptly following the close of escrow, a
conformed copy of the recorded deed(s) and Notice, with all recording information,
as well as a copy of the final closing or settlement statement and the title insurance
policy insuring Grantee as the owner of fee simple title to the Property. Grantee
shall also provide copies of such other documents related to the closing of the
above transaction as requested by Grantor. These documents shall become part of
the project file maintained by Grantor.
5.9. At the request of Grantor, not less than once in any period of three calendar
years, Grantee shall allow designated staff of Grantor to access the Property to
assess compliance with the terms, covenants and conditions of this Agreement.
5.1 0. Grantee agrees to ensure that the terms and conditions of this Grant
Agreement shall be taken into account when calculating the baseline/business as
usual of the Property for purposes of establishing carbon credits or other emissions
offsets proposed to be authorized, created, sold, exchanged or transferred.
Grantee agrees to notify Grantor prior to any such proposed establishment.
6. BREACH AND DEFAULT
6.1. In the event of a breach of any of the terms, covenants or conditions of this
Agreement, Grantor shall give written notice to Grantee describing the breach.
Notice shall be deemed given when personally delivered or deposited in the United
States Mail, postage prepaid, or with a reliable over-night courier, addressed to
Grantee at Grantee's address for notices set forth at the beginning of this
Agreement.
6.2. If Grantee does not cure the breach within 90 days of the date a notice of
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G-206
breach is given or, if the breach is not curable within said 90-day period, Grantee
does not commence the cure within the 90-day period and diligently pursue it to
completion, then Grantee shall be in default ("Default") under this Agreement.
6.3. Grantee shall also be in Default under this Agreement upon the discovery
that information given to Grantor by or on behalf of Grantee under or in connection
with obtaining this Agreement was materially false or misleading. Notice of a
Default under this Section 6.3 shall be given in accordance with Section 6.1.
7. REMEDIES
In the event of a Default under this Agreement, in addition to any and all remedies
available at law or in equity, Grantor shall have the following remedies:
7.1. Grantor may seek specific performance of this Agreement. Grantee agrees
that payment by Grantee to Grantor of an amount equal to the Grant Funds
disbursed under this Agreement would be inadequate compensation to Grantor for
any Default because the benefit to be derived by Grantor from full compliance by
Grantee with the terms of this Agreement is protecting California gnatcatcher habitat
and potential habitat for the Palos Verdes butterfly, the coastal cactus wren and
other rare species found within and .adjacent to the Rancho Palos Verdes Natural
Community Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area,
wildlife habitat preservation, restoration and management, wildlife-oriented
education and research, and compatible public or private uses, all as may be
consistent with wildlife habitat preservation and protection of sensitive biological
resources and because such benefit exceeds to an immeasurable and
unascertainable extent the amount of money furnished by Grantor by way of Grant
Funds under this Agreement.
7.2. Grantor may require Grantee to convey a conservation easement over the
Property in favor of Grantor (or, at the election of Grantor, another entity or
organization authorized by California law to acquire and hold conservation
easements and that is willing and financially able to assume all of the obligations of
Grantee), and to pay a sum to Grantor which, when combined with the fair market
value of the conservation easement, equals the sum granted to Grantee pursuant to
this Agreement, together with interest compounded semi-annually starting from the
date of this Agreement to and including the date of payment, at a rate equivalent to
that which is being earned at the time of Default on deposits in the State of
California's Pooled Money Investment Account. The conservation easement shall
be for the purposes of protecting California gnatcatcher habitat and potential habitat
for the Palos Verdes butterfly, the coastal cactus wren and other rare species found
within and adjacent to the Rancho Palos Verdes Natural Community Conservation
Plan and Habitat Conservation Plan (NCCP/ HCP) area wildlife habitat preservation,
restoration and management, wildlife-oriented education and research, and for
compatible public or private uses, all as may be consistent with wildlife habitat
preservation and protection of sensitive biological resources. The value of the
conservation easement shall be determined by a fair market value appraisal that is
conducted by an appraiser who is licensed pursuant to Part 3 (commencing with
Section 11300) of Division 4 of the Business and Professions Code and acceptable
to Grantor. The appraisal shall be prepared pursuant to USPAP and, if required by
law, approved by the Department of General Services.
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7.3. Despite the contrary provisions of Article 6 of this Agreement, if Grantor
determines that circumstances require immediate action to prevent or mitigate
interference with the Purposes of Grant arising from a breach of this Agreement,
then Grantor may pursue its remedies without waiting for the period provided for
cure to expire.
8. NONPROFIT ORGANIZATION GRANTEE
If Grantee is a nonprofit organization and the existence of Grantee is terminated for
any reason, title to all interest in real property acquired with state funds shall immediately
vest in the State of California. However, prior to that termination, upon approval of
Grantor, another public agency or nonprofit organization may receive title to all or a portion
of that interest in real property by recording its acceptance of title in writing. Any deed or
other instrument of conveyance whereby real property is being acquired by a nonprofit
organization pursuant to this Section 8 shall be recorded and shall set forth the executory
interest or right of entry on the part of the State of California.
9. TERM
9.1. This Agreement shall be deemed executed and effective when signed by an
authorized representative of each party and received in the respective offices of
Grantee and Grantor, together with the resolution described in Section 3.3 (the
"Effective Date"). Grantee and Grantor shall each sign two original Agreements.
Grantee shall receive one completely executed original and Grantor shall receive
one completely executed original.
9.2. The term of this Agreement will commence on the date authorized by the
Wildlife Conservation Board, as set forth in Section 16 and, unless previously
terminated as provided in Section 9.3, will expire on November 21, 2014, if escrow
has not closed by that date.
9.3. Prior to Grantee's close of escrow for acquisition of the Property, either party
may terminate this Agreement for any reason or for no reason, by providing the
other party with not less than 15 days written notice of such termination. If this
Agreement is terminated after Grantor's deposit of the Grant Funds into escrow but
before close of escrow for Grantee's acquisition of the Property, Grantee shall
cause the escrow holder to immediately return all Grant Funds to Grantor and
Grantee shall bear all costs and expenses of such termination.
9.4. The provisions of this Agreement that are not fully performed as of the close
of escrow, including but not limited to Section 2 (Purposes of Grant) and Section 5
(Grantee's Covenants), shall survive the close of escrow for Grantee's acquisition of
the Property and remain in full force and effect.
10. LIABILITY; MODIFICATIONS; INTERPRETATION
1 0.1. Grantee shall indemnify, protect and hold harmless Grantor, CDFW, the
State of California, and their respective members, directors, officers, agents, and
employees (each an "Indemnified Party"), from and against any and all claims,
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demands, damages, liabilities, losses, costs (including attorneys' fees) and
expenses (collectively, "Claims") arising out of, connected with, or incident to this
Agreement or the acquisition, ownership, use, management, operation or
maintenance of the Property, except that Grantee shall have no obligation to
indemnify or hold harmless an Indemnified Party for Claims caused by the negligent
or wrongful act of that Indemnified Party.
10.2. This Agreement may be modified only by written amendment signed by
Grantor and Grantee. No prior or contemporaneous oral understanding or
agreement not incorporated in this Agreement shall be binding on either of the
parties.
1 0.3. All references herein to "Grantee" are intended to refer to Grantee or its
designee, successor or assignee as may be approved by Grantor.
1 0.4. If any provision of this Agreement or the application thereof to any person or
circumstance is held to be invalid or unenforceable, that shall not affect any other
provision of this Agreement or applications of the Agreement that can be given
effect without the invalid provision or application and to this end the provisions of
this Agreement are severable.
·1 0.5. Grantee, its officers, directors, employees, agents and representatives, is
each acting in an independent capacity in entering into and carrying out this
Agreement, and not as a partner, member, director, officer, agent, employee or
representative of Grantor.
1 0.6. This Agreement is not assignable or transferable by Grantee, either in whole
or in part, except in connection with a transfer of the Property approved by Grantor
under Section 5.4 of this Agreement.
10.7. Any costs incurred by Grantor, where Grantor is the prevailing party, in
enforcing the terms of this Agreement against Grantee, including but not limited to
costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of
enforcing any judgment, shall be borne by Grantee.
10.8. Enforcement of the terms of this Agreement by Grantor shall be at the
discretion of Grantor, and any forbearance by Grantor to exercise its rights under
this Agreement shall not be deemed or construed to be a waiver of such term or of
any subsequent breach of the same or any other term of this Agreement or any of
the rights of Grantor under it.
1 0.9. Grantor will notify Grantee as promptly as possible following Grantor's receipt
of any request for information related to the Project under the California Public
Records Act (Government Code Section 6250 et seq.).
11. CONDEMNATION
If all or any part of the Property is taken by exercise of the power of eminent
domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act
jointly to recover from the condemning authority the full value of the property so taken or
purchased, and all direct or incidental damages resulting therefrom. Grantor shall be
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G-209
entitled to the share of the Award (as defined below) which equals the ratio of the Grant
Funds provided by Grantor to the purchase price Grantee paid to acquire the Property
(e.g., if Grantor provided $50,000.00 of Grant Funds and the purchase price was
$75,000.00, then Grantor would be entitled to two-thirds of the Award). For purposes of
this Agreement, the "Award" shall mean all compensation awarded, paid or received on
account of the Property so taken or purchased, and all direct or incidental damages
resulting from the taking or purchase, less all out-of-pocket expenses reasonably incurred
by Grantee in connection with the taking or purchase.
12. AUDIT
Grantee shall maintain complete and accurate records of its actual Project costs, in
accordance with generally accepted accounting principles and practices, and shall retain
said records for at least four years after final disbursement by Grantor. During such time,
Grantee shall make said records available (or cause them to be made available) to the
State of California for inspection and audit purposes during normal business hours.
Expenditures not documented, and expenditures not allowed under this Agreement or
otherwise authorized in writing by Grantor shall be borne by Grantee. The audit shall be
confined to those matters connected with this Agreement, including but not limited to
administration and overhead costs.
13. UNION ORGANIZING
By signing this Agreement, Grantee hereby acknowledges the applicability of
Government Code Sections 16645 through 16649 to this Agreement and certifies that:
13.1. No state funds disbursed by this grant will be used to assist, promote or deter
union organizing;
13.2. Grantee shall account for state funds disbursed for a specific expenditure by
this grant, to show those funds were allocated to that expenditure;
13.3. Grantee shall, where state funds are not designated as described in
Section 13.2 above, allocate, on a pro-rata basis, all disbursements that support the
grant program; and
13.4. If Grantee makes expenditures to assist, promote or deter union organizing,
Grantee will maintain records sufficient to show that no state funds were used for
those expenditures, and that Grantee shall provide those records to the Attorney
General upon request.
14. NON-DISCRIMINATION
During the performance of this Agreement, Grantee shall not unlawfully discriminate
against, harass, or allow harassment against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical disability (including HIV
and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual
orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave.
Grantee shall take affirmative action to ensure that the evaluation and treatment of its
employees and applicants for employment are free of such discrimination and harassment.
Such action shall include, but not be limited to, the following: employment, upgrading,
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G-210
demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Grantee shall
comply with the provisions of the Fair Employment and Housing Act (Government Code
Section 12900 (a-f) et seq.), and applicable regulations (California Code of Regulations,
Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing
Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference
into this Agreement. Grantee shall give written notice of its obligations under this non-
discrimination clause to labor organizations with which Grantee has a collective bargaining
or other agreement, and shall post in conspicuous places available to employees and
applicants for employment, notice setting forth the provisions of this section. Grantee shall
also include the nondiscrimination and compliance provisions of this Agreement in all
contracts related to the Project.
15. EXHIBITS
Each of the Exhibits referenced in this Agreement is incorporated by reference as
though set forth in full herein. The following Exhibits are attached to this Agreement:
Exhibit A-Property Description
Exhibit B-Certified Resolution or Other Action of Governing Body of Grantee
Exhibit C-Grantor's Logo
Exhibit D-Form of Notice of Unrecorded Grant Agreement
Exhibit E-Management Commitment
Exhibit F-Certificate of No Regulatory Requirement
16. AUTHORIZATION
The signature of the Executive Director certifies that at the Wildlife Conservation
Board meeting held on November 21, 2013, the Board authorized the award of an
acquisition grant to Grantee as provided in this Agreement.
17. NON-AVAILABILITY OF FUNDS.
Grantor shall not be obligated to disburse any Grant Funds under this Agreement
unless and until the bond cash proceeds identified for allocation to the Project (as further
specified in the Funding Certification attached to this Agreement) are released by the State
Treasurer's Office to Grantor for expenditure for this grant. Despite any contrary provision
of this Agreement, no request for disbursement submitted prior to the release of such bond
cash proceeds to Grantor shall be effective.
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IN WITNESS WHEREOF , this Agreement is made and entered int o this 1ih day of
December, 2013 , in the State of California , by and between the Wildlife Conservation
Board and the City of Rancho Palos Verdes , each of which hereby agrees to the terms and
conditions refe re nced on pages 1 through 11 , along with Ex hibits A through F , of this
Agreement.
STATE OF CALIFORNIA
WILDLIFE CONSERVATION BOARD
By: dlt;&J;u /iz
John P . Donnelly
Title: Executive Director
GRANTEE :
CITY OF RANCHO PALOS VERDES
By~---'u"-ho....,v..e.ic~.....__::------
Title : Mayor
Date: I:J-/11/13
----~-----------
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G-212
Ocean Trails HCPLA 2009 (Angeles LLC)
Los Angeles County
Project ID 2013148
FUNDING CERTIFICATION
I hereby certify that (a) the following funds will be encumbered on behalf of
Grantor; and (b) Grant Funds shall not be disbursed unless and until sufficient
proceeds from the source identified below become available to Grantor to
disburse.
Date I I
Grantee: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Contact Name: Joel Rojas
Contact Telephone No.: 310-544-5223
WCB Grant Agreement: WC-1325BG
Agreement Term:
WCB Grant Amount:
Fund Source:
Appropriation Item:
Reappropriation Item:
Expenditure Code
November 21 , 2013 to November 21, 2014
$329 ,750.00
Safe Drinking Water, Water Quality and Supp ly,
Flood Control, River and Coastal Protection Fund of
2006 , Section 75055( c)
Chapter 268/269, Statutes of 2008
3640-301-6051
Chapter 33, Statutes of 2011
3640-490( 1 )-6051
13-1000-811-28421
G-213
EXHIBIT A
(Legal Description)
G-214
EXHIBIT-A Revised Pagelof15. Jaoumy 13, 2014
EXHIBIT-A
DESCRIPTION OF THE. LANDS TO BE ACQUIRED BY THE
CITY OF RANCHO PALOS VERSDES FROM ANGELES, LLC
That Real Property in the City of Rancho Palos Verdes in the County of Los Angeles, State of
California, more particularly described as follows:
"NORTHERN PARCEL" DESCRIPTION
APN 7546-022-022
Described below and shown on the following Map
THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT "I-I" 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 SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 21169,
AS SHOWN ON MAP RECORDED IN BOOK 574 PAGES 21 TO 26 INCLUSIVE OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO THE
MOST EASTERLY CORNER OF THE MONTEMALAGA DRIVE, 80 FEET WIDE, AS
SHOWN ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12
INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE
NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, BEING A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,550 FEET, AN ARC
DISTANCE OF 332.89 FEET AND NORTH 51 o 09' 56" WEST 70.00 FEET TO THE TRUE
· POIN'fOF-BEuiNNING;
THENCE NORTH 38° 50' 04" EAST 57.00 FEET; THENCE NORTH 62° 00' 00" EAST 180.00
FEET; THENCE NORTH 25° 30' 00" EAST 105.00 FEET; THENCE NORTH 55° 04' 07"
EAST 112.57 FEET, THENCE SOUTH 86° 18' 00" EAST 35.00 FEET TO AN ANGLE POINT
IN THE WESTERLY LINE OF THE SAID TRACT NO. 21169; THENCE ALONG SAID
WESTERLY LINE, NORTH 34° 04' 59" EAST 651.79 FEET; NORTH 9° 57' 02" WEST
G-215
EXHIBIT-A Revised Page 2 of 15 January 13, 2014
548.29 FEET; THENCE NORTH 21 o 46' 27" WEST 242.33 FEET AND NORTH oo 01' 38"
EAST 115.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 70 OF SAID TRACT
. NO. 21169; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF THE LAND
DESCRIBED IN THE DEED TO MIL TON S. ROTH, RECORDED ON JULY 27, 1962 AS
INSTRUMENT NO. 110 IN BOOK D-1699 PAGE 427 OFFICIAL RECORDS OF SAID
COUNTY, AS FOLLOWS:
NORTH 86° 11' 03" WEST 140.00 FEET AND NORTH oo 02' 22" WEST 243.96 FEET TO
THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ABRAM C.
PATTERSON AND WIFE, RECORDED INBOOK20814 PAGE 319 OF SAID OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 01' 24" WEST 199.46
FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM H.
PAIN AND WIFE, RECORDED IN BOOK 25783 PAGE 181 OF SAID OFFICIAL
RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 10° 15' 02" EAST 275.24
FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 38 OF
SAID TRACT NO. 19683; THENCE ALONG SAID PROLONGATION NORTH 87° 03' 07"
WEST 228.57 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE
ALONG THE BOUNDARY LINES OF THE SAID TRACT NO. 19583, SOUTH 5° 28' 10"
EAST 539.42 FEET; SOUTH 1 o 48' 40" WEST 575.87 FEET; SOUTH 28° 09' 36" WEST
158.82 FEET AND SOUTH 32° 19' 46" WEST 340.62 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF SAID MONTEMALAGA DRIVE; THENCE
SOUTHEASTERLY ALONG SAID MONTEMALAGA DRIVE TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS
Beginning at the northwesterly comer of said Lot 65; thence northerly along the westerly line of
Lot 66 of said Tract No. 21169 a distance of 17.00 feet; thence westerly along a line
perpendicular with the westerly line of said Lot 66 a distance of 50.00 feet; thence southerly
along a line pamllel with the westerly line of said Lots 65 and 66 a distance of 100.00 feet;
thence easterly along aline 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.
SURVEYOR'S STATEMENT:
This description was prepared October 30, 2013 at the request of the City of
Rancho Palos Verdes and is compiled from information shown in Title Report
No. NCS-480162-SAC4 issued by First American Title dated April11, 2012.
Michael R. McGee, PLS3945
G-216
EXHIBIT-A Revised
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Page3 ofl5 January 13, 2014
Northern Parcel
V PORTION OF' LOT 2.4
I.ACA MAP NO. 51
I
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) SCALEt 1 ""'200'
LOT 65 EXISTING = 7,590 S.F.
PARCEL A PROPOSED = 12,590 S.F.
PORTION LOT 24 EXISTING = 20.98 ACRES
PORTION B PROPOSED = 20.86 ACRES
G-217
EXHIBIT-A Revised Page 4 of 15 January 13, 2014
"SOUTHERN PARCEL" DESCRIPTION
Described below and shown on the following Exhibit Map
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 47INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337
PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 22" EAST 113.38
FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 71 o 58' 05" EAST TO THE
NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 21354; THENCE
SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY LINE TO THE POINT
OF BEGINNING.
PARCEL 2: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT,
ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT CERTAIN COURSE IN THE .
NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN
BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AS HAVING A BEARING AND LENGTH OF NORTH
66° 29' 42" WEST 243.82 FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY
. BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207
PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND
LENGTH OF SOUTH 71 o 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;
G-218
EXHIBIT-A Revised Page 5 of 15 . Janurny 13, 2014
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 66° 29' 42" WEST 128.93. FEET
TO THE POINT OF BEGINNING .
. PARCEL 3: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL, VS. BENT,
ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT NO.
21354, AS SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THAT
CERTAIN COURSE IN THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED
IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A
BEARING AND LENGTH OF SOUTH 16° 47' 41" EAST 287.25 FEET; THENCE ALONG
SAID CERTAIN COURSE, SOUTH J60 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 4T 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, 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..ANDELES,ANDENTERED_INBOOK4--.
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
G-219
EXHIBIT-A Revised Page 6 of 15 January 13, 2014
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 SOUTHWESTERLY ALONG SAID LAST MENTIONED
BOUNDARY LINE, TO THE POINT OF BEGINNING.
PARCEL 5: (APN 7578-003-001)
THAT PORTION OF LOT "H" OF THE RANCHO PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT
ET AL." CASE NO, 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT
·NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, WITH THAT CERTAIN COURSE IN THE BOUNDARY LINE OF THE LAND
DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS
OF SAID COUNTY, HAVING A BEARING AND LENGTH OF NORTH 20° 32' 00" WEST
293.66 FEET; THENCE ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED
IN SAID DEED AS FOLLOWS:
SOUTH20° 32' 00" EAST TO AN ANGLE POINT THEREIN; NORTH 61 o 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 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:
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EXHIBIT-A Revised Page 7 of 15 January 13, 2014
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.
PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-010)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT,
ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN
SOUTHWESTERLY LINE OF MONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS
HAVING A BEARING AND LENGTH OF NORTH 62° 59' 45" WEST 1,169.50 FEET ON
THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID CERTAIN SOUTHWESTERLY LINE, SOUTH 62° 59' 45" EAST 481.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27° 00' 15" WEST401.36
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 o 58' 05" EAST 339.02 FEET TO 'J;HE 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_76~3l'Q5" EAST 14.04 FEE_I_ANll__ ____ .
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 o 58' 05" EAST 119.78 FEET AND SOUTH W 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
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EXHIBIT-A Revised Page 8 of 15 Janumy 13, 2014
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 PERMAPRECORDEDINBOOK648 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 88.1~ 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 W 41'31" EAST 113.12 FEET AND SOUTH 33° 51' 14" WEST
117.69FEET 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 DISTANCE OF
116.22FEETTOTHE 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, 16AND 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 so 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 LOT47, 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 1 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.
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EXHIBIT -A Revised Page9ofl5 January 13, 2014
EXCEPTING FROM ALL OF THE ABOVE "SOUTHERN PARCEL" 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. 21353.
Thence North 51 °49'00" East 136.59 feet to a point on the northeast lirie 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.
Thence North 47"01 '26" West along the northeast line of said "Future Street" 10.12 feet to a
Point from which amagnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945"
set at the base of a chain lillk fence bears South 45°51' East 20.18 feet, said point is the Point of
Beginning of the Boundary Line to be herein described.
Thence North 55°42' 14" East 68.67 feet to a set 111 x 30 11 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 111 x 30 11 Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 25°04'26" East 72.44 feet to a set 111 x 30 11 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 111 x 36 11 Galvanized Iron Pipe with a 2 inch
alup1inlll!lC~jJ_8ta1Il{Je~~'J\:1<;(]:e()§_urveying PLS3945_"._. ___________ _
Thence South 66°35' 18" East 69.03 feet
Thence South 37°28'31" East 32.55 feet to a set 111 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
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EXHIBIT-A Revised Page 10 of 15 January 13, 2014
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°51'10" 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 7 63, said lead and nail bears South 26° 17' 34" East
58.78 feet from a found spike and washer marking the intersection of the center of Grayslake
Road and the centerline semi-tangent ofMontemalaga Drive as shown on Tract No. 19683
recorded in Book 658 Maps Page 9-12 and in LA County field bookRDFB-0317 Page 281-282.
Thence North 30°56'36" East 4.46 feet to the south line ofMontemalaga Drive and the
Terminus of this description, being a point on a curve with a radius 1120 feet and 40 feet south
of the centerline ofMontemalaga Drive as shown on Tract No. 19683 recorded in Book 658 of
Maps Page 9-12.
SURVEYOR'S STATEMENT: This description was prepared by me on
October 30, 2013 at the request ofthe City of Rancho Palos Verdes and is based on
a field survey to be shown on a Record of Survey. Bearings are based on Book
648 Maps Page 48-50 Los Angeles County Records. The bearings shown on
Book 658 Maps Page 9 would be rotated right 0°01 '00" to.this basis.
Michael R. McGee, PLS3945
' '
G-224
EXHIBIT-A Re vised Page 11 of I S
0 3GO' 60(}'
January 13 , 2014
EX HI B IT MAP
of a
L ot Li ne Adju stment
for
C ity of Ran cho Pa los Verdes
APN 7578~002~009, 7578-003 ~00 1
Los A ng.e les County C aliforn ia
Pr epar ed 10/30/2013 by
M ichael McGee, PlS3945
McGee· Survey ing Consulti ng
G-225
EXHIBIT-A Revised Page 12 of 15 January 13,2014
"MOSSBANK DRIVE PARCEL" Description
Described below and shown on the following Assessor's Map
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 7578-003-006)
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 IUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF IUDGMENTS, 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 ruNE 15, 1956 AS DOCUMENT
NO. 2360, IN BOOK 51464 PAGE 380 OF OFFICIAL RECORDS, INTHE 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", ANARC 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 639 PAGES 19 TO 23 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY,
SOUTHEASTERLY ALONG ANON-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
G-226
EXHIBIT-A Revised Page 13 of 15 January 13, 2014
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 o 00' 50" WEST 113.02 FEET; SOUTH
19° 25' 27" WEST 201.47 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 o 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: (PORTION OF APN 7578-003-006)
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 RADIUS 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
....... _.EEET; NQRIH56o Ql'24".WEST 110.94 FEEI;.AND.NORTH.83~09'.26"-W.EST 32.09..FEEI----------
TO THE POINT OF BEGINNING.
PARCEL 3: (PORTION OF APN 7578-003-006)
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,
G-227
EXHIBIT-A Revised Page 14 of 15 January 13, 2014
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 SDPERIOR 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 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 TilE 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 o 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 RADTIJS OF 125.00
FEET, THE RADIAL LINE TO SAID LAST MENTIONED POINT BEARS SOUTH oo 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 o 37' 40" WEST 489.17 FEET TO THE SOUTHWESTERL YCORNER 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 October 30, 2013 at the request of the City
of Rancho Palos Verdes and is compiled from information shown in Title
Report No. NCS-480162-SAC4 issued by First American Title dated Aprilll,
2012. .
Michael R. McGee, PLS3945
G-228
EXHIB IT-A Revised
CCOI
709~
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Page 15 of 15 JanuaJy 13 ,2014
COUNTY ASSJi~SSOR PLAT MAP '7518·(}3
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G-229
EXHIBIT B
(Resolution)
G-230
RESOLUTION NO. 2013-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES AUTHORIZING THE CITY TO ENTER INTO A GRANT AGREEMENT WITH
THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO ACCEPT A GRANT
FROM THE STATE OF CALIFORNIA AND A SUB-GRANT FROM THE UNITED
STATES FISH AND WILDLIFE SERVICE AN.D AUTHORIZING THE ACQUISITION
OF ALLOR A PORTION OF ASSESSOR'S PARCEL NUMBER(S) APN: 7546·022-
022, PORTIONS OF APN: 7578-002-009, APN: 7578-003-001, APN: 7578-002-010,
AND PORTIONS OF APN: 7578-003-006, TOTALING APPROXIMATELY 41.63
ACRES, IN THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY,
CALIFORNIA.
WHEREAS, Malaga Canyon consists of undeveloped open space In the northern
part of the City of Rancho Palos Verdes ("City") within the Grandview neighborhood.
The Canyon runs primarily in a North-South direction crossing under Montemalaga
Drive and flowing Into the City of Palos Verdes Estates; and
WHEREAS, In August 2004, the City Council adopted the Rancho Palos Verdes
Natural Communities Conservation Plan ("NCCP"), which proposed the establishment
of a habitat preserve by the City in exchange for allowing 50 years' worth of City
projects (and certain private projects) that will impact protected habitat in the City on an
as needed basis. Since that time, through the dedication of unimproved properties
owned by the City and the Palos Verdes Peninsula Land Conservancy, along with major
open space land acquisitions in 2005 and 2009, the creation of a 1400-acre NCCP
Preserve was completed; and
WHEREAS, coastal sage scr!lb habitat, which provides habitat for threatened
species that reside on the Palos Verdes Peninsula is located within Malaga Canyon;
and
WHEREAS, Angeles, LLC, the owner of the property that is described iri Exhibit
"A" hereto, is willing to sell said property to the City so that additional habitat and open
space can be provided;
NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES HEREBY FINDS, ORDERS AND RESOLVES A$ FOLLOWS:
1. The acquisition of the parcels that are described and depicted In Exhibit
"A" hereto ("Identified Property) for the preservation of habitat and open
space is exempt from the provisions of the California Environmental
Quality ~CJ!;_--~~ ~ ~~-~----~-~~~-~-____ _
2. The Identified Property possesses high ecological and habitat value and
will provide habitat for threatened or endangered species that inhabit the
Palos Verdes Peninsula;
G-231
3. The use of the grant funds referenced herein for acquisition of the
Identified Property is an appropriate expenditure ;
4 . The staff reports and recommendations therein that have been prepared
regarding this item are hereby adopted and incorporated herein by this
reference;
5. The Mayor of the City is hereby authorized to execute the California
Wildlife Conservation Board Grant Agreements for Acquisition of Fee
Interest and the City Manager is hereby authorized to accept the grant
funds from the listed agencies for the purpose of acquisition of the ·
Identified Property;
6 . The City Manager is hereby authorized to accept fee title to th e identified
property on behalf of the City; and
7 . The City Manager is hereby authorized to do any and all acts necessary to
carry out this resolution and any recommendations made by the City
Council.
ATIEST:
/s/ Carla Morreale
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
Is/ Susan Brooks
Mayor
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2013-69 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on November 6, 2013.
City Clerk
Resolut ion No. 2013-69
Page 2 o f 2
G-232
EXHIBIT-A
Resolution No. 2013-69
DESCRIPTION OF THE LANDS TO.BE ACQUIRED BY THE
CITY OF RANCHO PALOS VERSDES FROM ANGELES, LLC
That Real Property in the City ofR(lllcho Palos Verdes in the County of Los Angeles, State of
California, more particularly described as follows:
"NORTHERN PARCEL" DESCRIPTION
APN 7546-022-022
Described below and shown on the following Map
THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., 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 SOUTHWESTERLY CORNER OF LOT 42 OF TRACT NO. 21169,
AS SHOWN ON MAP RECORDED IN BOOK 574 PAGES 21 TO 26 INCLUSIVE OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO THE
MOST EASTERLY CORNER OF THE MONTEMALAGA DRIVE, 80 FEET WIDE, AS
SHOWN ON THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12
INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE
NORTHWESTERLY ALONG SAID MONTEMALAGA DRIVE, BEING A CURVE
· ·· · tX:>NeA:V:E-NtlRTHEASTERLY;JI:A:VrN6-A-RADll.JS 0Fl;5'50 FEET,ANA:Rc---····----------
DISTANCE OF 332.89 FEET AND NORTH 51° 09' 56" WEST 70.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH38° 50' 04" EAST 57.00 FEET; THENCE NORTH 62° 00' 00" EAST 180.00
FEET; THENCE NORTH 25° 30' 00" EAST I 05.00 FEET; THENCE NORTH 55° 04' 07"
EAST 112.57 FEET, THENCE SOUTH 86° 18' 00" EAST 35.00 FEET TO AN ANGLE POINT
IN THE WESTERLY LINE OF THE SAID TRACT NO. 21169; THENCE ALONG SAID
WESTERLY LINE, NORTH 34° 04'59" EAST 651.79 FEET; NORTH 9° 57' 02" WEST
G-233
548.29 FEET; THENCE NORTH 21 o 46' 27" WEST 242.33 FEET AND NORTH oo OJ' 38"
EAST 115.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 70 OF SAID TRACT
NO. 21169; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF THE LAND
DESCRIBED IN THE DEED TO MIL TON S. ROTH, RECORDED ON JULY 27, 1962 AS
INSTRUMENT NO. 110 IN BOOK D-1699 PAGE 427 OFFICIAL RECORDS OF SAID
COUNTY, AS FOLLOWS:
NORTH 86° II' 03" WEST 140.00 FEET AND NORTH oo 02' 22" WEST 243.96 FEET TO
THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED 'FO ABRAM C.
PA TIER$ ON AND WIFE, RECORDED IN BOOK 20814 PAGE 319 OF SAID OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89° 01' 24" WEST 199.46
FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM H.
PAIN AND WIFE, RECORDED IN BOOK 25783 PAGE 181 OF SAID OFFICIAL
RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 10° 15' 02'' EAST 275.24
FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 38 OF
SAID TRACT NO. 19683; THENCE ALONG SAID PROLONGATION NORTH 87° 03' 07"
WEST 228.57 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE
ALONG THE BOUNDARY LINES OF THE SAID TRACT NO. 19583, SOUTH so 28' 10"
EAST 539.42 FEET; SOUTH 1 o 48' 40" WEST 575.87 FEET; SOUTH 28° 09' 36" WEST
158.82 FEET AND SOUTH 32° 19'46'' WEST 340.62 FEET TO A POINT IN THE
NORTHEASTERLY LINE OF SAID MONTEMALAGA DRIVE; THENCE.
SOUTHEASTERLY ALONG SAID MONTEMALAGA DRIVE TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION 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 oflOO.OO feet;
thence easterly along a line perpendicular with the westerly line of said Lot 65 a distance of 50
feet to a point ofintersection 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.
Resolution No. 2013-69
Exhibit A
Page 2 of 15 ·
G-234
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Northern Pnrcel
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PROPOSED I.OT
V PORTION Oil" lCIT 24
IJ\CA. J,IAP No. 51
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'OT 65 EXISTING = 1,590 S.F.
PARCEL A PROPOSED ~ 12,590 S.F.
PORTION LOT 24 EXISTING = 20.98 ACRES
PORTION a PROPOS£0 ~ 20.86 ACRES
"SOUTHERN PARCEL" DESCRIPTION
Resolution No. 2013-69
Exhibit A
Page 3 of 15
G-235
Described below and shown on the following Exhibit Map
PARCEL 1: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL." CASE NO.
2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE, IN
AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE 57 OF
JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 4 OF TRACT NO. 21354, AS
SHOWN ON MAP RECORDED IN BOOK 647 PAGES 45 TO 47 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
EASTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 21337
PAGE 33 OF OFFICIAL RECORDS OF SAID COUNTY, NORTH 13° 59' 22" EAST 113.38
FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 71 o 58' 05" EAST TO THE
NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 21354; THENCE
SOUTHWESTERLY AND WESTERLY ALONG SAID BOUNDARY LINE TO THE POINT
OF BEGINNING.
PARCEL 2: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H" OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT,
ET AL." CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT CERtAIN COURSE IN THE
NORTHEASTERLY LINE OF TRACT NO. 21354, SHOWN ON MAP RECORDED IN
BOOK 647 PAGES 45 TO 47 INcLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AS HAVING A BEARING AND LENGTH OF NORTH
66° 29' 42" WEST 243.82 FEET, WITH THAT CERTAIN COURSE IN THE NORTHERLY
BOUNDARY LINE OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK 48207
PAGE 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A BEARING AND
LENGTH OF SOUTH 71 o 57' 57" EAST 547.58 FEET; THENCE ALONG SAID LAST
MENTION CERTAIN COURSE, SOUTH 71° 58' OS" 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.
Resolution No. 2013-69
Exhibit A
Page 4 of 15
G-236
'·
PARCEL 3: (PORTION OF APN 7578-002-009)
THAT PORTION OF LOT "H 11 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 PAGB 166 OF OFFICIAL RECORDS OF SAID COUNTY, HAVING A
BEARING AND LENGTH OF SOUTH 16° 47' 41 11 EAST 287,25 FEET; THENCE ALONG
SAID CERTAIN COURSE, SOUTH !6° 47' 41 11 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 11 WEST 30.00 FEET TO AN ANGLE POINT THEREIN AND
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS II, 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 11H 11 OF THE RANCHO PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS ET AL.11
CASE NO. 2373, IN THB 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 llil::\QOUNTY RECORDER OF SA_IQJ:;QUNTY; THENCE ALONG _ _ .
THEBOUNDARY 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 NORTHWBSTERL Y ALONG SAID EASTERLY
BOUNDARY LINE TO THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 21353;
Resolution No. 2013-69
Exhibit A
Page 5 of 16
G-237
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG SAID LAST MENTIONED
BOUNDARY LINE, TO THE POINT OF BEGINNING.
PARCEL 5: (APN 7578-003-001)
THAT PORTION OF LOT "H" OF THERANCHO PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION IN ACTION "BIXBY, ET AL., VS. BENT
ET AL." CASE NO, 2373, IN THE DISTRlCT COURT OF THE 17TH JUDICIAL DISTRICT
OF SAID STATE, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN
BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF TRACT
NO. 21353, AS SHOWN ON MAP RECORDED IN BOOK 648 PAGES 48 TO 50
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID .
COUNTY, WITH THAT CERTAIN COURSE IN THE BOUNDARYLINE OF THE LAND
DESCRIBED IN DEED RECORDED IN BOOK 48207 PAGE 166 OF OFFICIAL RECORDS
OF SAID COUNTY, HA VING·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 zoo 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 SOUTHWBSTERL Y 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 ALIVS.
BENT, ET AL," CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL
DISTRICT OF SAID STATE OF CALIFORNIA, IN ANDFORTHE 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 so 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
Resolution No. 2013-69
Exhibit A
Page 6 of 15
•
,. .
G-238
OFFICIAL RECORDS; THENCE NORTH 82° 31' 00" WEST ALONG SAID NORTHERLY
TO THEPOINT OF BEGINNING.
PARCEL 7: (PORTION OF APN 7578-002-009 AND ALL OF APN 7578-002-01 0)
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 OFMONTEMALAGA DRIVE, 80 FEET WIDE, SHOWN AS
HAVING A BEARING AND LENGTH OF NORTH 62° 59'45" WEST 1,169.50 FEET ON
THE MAP OF TRACT NO. 19683, RECORDED IN BOOK 658 PAGES 9 TO 12 INCLUSIVE
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID CERTAIN SOUTHWESTERLY LINE, SOUTH 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 EASTERL YtiNE
SOUTH 13° 5.9' 22" WEST 10.08 FEET TO THE MOST NORTHERLY CORNER OF THE
LAND DESCRIBED IN THE PEED 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 lN SAID LAST
MENTIONED DEEP 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 647P AGES
45 TO 47 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCEALONG THE
BOUNDARY OF SAID TRACT NO. 21354, NORTH 76° 31' 05" EAST 14.04FEET AND
SOUTH 66° 29' 42" EAST 76.96 FEET TO THE. NORTHEASTERLY BOUNDARY OF THE
LAND DESCRIBED IN SAID PEED TO ASH LAND CO., ET AL; THENCE ALONG THE
BOUNDARY OF THE LAND DESCRIBED IN SAID LAST MENTIONED DEEP 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-TAN GENT CURVE THEREIN CONCAVE WESTERLY AND
HAVING A RADIUS. OF 120 FEET, RADIAL LINE TO Tl!E BEGINNING OF SAID CURVE
BEARS NORTH 53° 18' 52" EAST; THENCE SOUTHERLY ALONG SAID CURVE IN THE
BOUNDARY OF SAIDLOT9,AN ARCDISTANCEOF 137.21 FEETTOTilE
____ BOUNJ2A&Y_QEIJ:l.EI,A@J?ESCRIBED 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
Resolution No. 2013-69
Exhibit A
Page 7 of 16
G-239
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 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
TRACTN0.2135l, NORTH 9° 48' 07" EAST 79.54FEET 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 NORTBERL Y PROLONGATION OFLAST
MENTIONED TRACT, BEING ALSO THE BOUNDARY OF THE LAND DESCRIBED IN
SAID DEED RECORDED IN BOOK 48759 PAGE 246 OF OFFICIAL RECORDS OF SAfD
COUNTY; NORTH so 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 NORTBWESTERL YLINE 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 LOT47, 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 lAND 2 OF MAPS, RECORDS OF .SAID
COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED
TRACT, NORTH 37° SO' 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 "SOUTHERN PARCEL" THAT PORTION
LYING NORTHWEST OF THE FOLLOWING OESCRIBED LINE.
Commencing at a found spike and washer stamped "LSS411" 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 ofMaps 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.
Resolution No. 2013-69
Exhibit A
Page 8 of 15
•
G-240
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 ofMaps Page 44-47.
Thence North 47°01 '26" West along the northeast line of said "Future Street" 10.12 feet to a
Point from which a magnetic nail and 1.5" brass washer stamped "McGee Surveying PLS3945"
set at the base of a chain link fence bears South 45°51' East 20.18 feet, said point is the Point of
Beginning of the Boundary Line to be herein described.
Thence North 55°42' 14" East 68.67 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 152.64 feet to a set I" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 25°04'26" East 72.44 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch
alwninum 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°28'31" East 32.55 feet to a set 1" x 30" Galvanized Iron Pipe with a 2 inch
aluminum cap stamped "McGee Surveying PLS3945".
Thence North 06°22'39" East 51.07 feet
Thence North 15°31 '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°51'10" East 50.18 fee.t'------------------
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°!7'34" East
58.78 feet from a found spike and washer marking the intersection of the center of Grayslake
Resolution No. 2013-69
Exhibit A
Page 9 of 16
G-241
Road and the centerline semi-tangent ofMontemalaga 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 lille ofMontemalaga Drive and the
Terminus of this description, .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.
Resolution No. 2013-69
Exhibit A
Page 10 of 15
G-242
' i '
EXHIBIT MAP
of a
Lot Line Adjustment
for
City of Rancho Palos Verdes
APN 7578-002-009, 7578-003-001
_________ ·---------_______ ---·····--·---________ Lo_sAngetes._County_C.alifomia __ _
0 300' 600'
-~
Prepared 10/30/2013 by
Michael McGee, PLS3945
McGee Surveying Consulting
Resolution No. 2013-69
Exhibit A
Page 11 of15
G-243
"MOSSBANK DRIVE PARCEL" Description
Described below and shown on the following Assessor's Map
THAT REAL PROPERTY IN THE CITY OF RANCHO PALOS VERDES IN THE ~OUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL 1: (PORTION OF APN 7578-003-006)
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,
ETAL." 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 QN 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 ()F 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 DEEDNORTH 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 :),40 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 AT AN GENT 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 LASTMENTIONED 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 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;
Resolution No. 2013-69
Exhibit A
Page 12 of 15
'
G-244
SOUTH /.7° 44' 28" EAST 152.53 FEET; SOUTH 1 o 00' 50" WEST 113.02 FEET; SOUTH
19° 25' 27" WEST 201.47 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: (PORTION OF APN 7578-003-006)
'
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 SAib COUNTY, .
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THAT PORTION OF THE NORTHERLY LINE
OF THE LAND DESCRIBED IN DEED RECORDED ON JUNE 7.9, 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
NORTHEASTER):. Y LINE OF TRA.CT 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 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. .
PARCEL 3: (PORTION OF APN 7578-003-006)
THAT PORTION OF LQT."}}" QF THE E£\,NCHOS LOS PALOS VERDES, ALLOTTED TO
JOTHAM BIXBY BY DECREE OF PARTITION INACTION "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
Resolution No. 2013-69
Exhibit A
Page 13 of 15
G-245
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 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 I 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 I 9o 08' 27" EAST WESTERLY ALONG SAID ·
CURVE 26.10 FEET ANDNORTH31° 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; THENCEEASTERL yALONG 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 I 1 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 SAIDLOT 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 so 55'42" WEST ALONG SAID
LAST MENTIONED WESTERLY LINE 259.95 FEET TO THE POINT OF BEGINNING.
Resolution No. 2013-69
Exhibit A
Page 14 of 15
G-246
t.
I
COIINT'Y A~~l•!SSOR !'LA T 1\f AI' 7518ooD3
A.M. , ....
Resolution No. 2013-69
Exhibit A
Page 15 of 15
G-247
I " ,. . ' '
EXHIBIT C
(WCB Logo)
S ta t e of C a I f f o r n i a
Wildlife Conservation Board
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EXHIBIT D
(Notice of Unrecorded Grant Agreement)
RECORDING REQUESTED BY:
)
City of Rancho Palos Verdes )
30940 Hawthorne Boulevard )
Rancho Palos Verdes, CA 90275 )
WHEN RECORDED, RETURN TO:
)
)
)
State of California )
Wildlife Conservation Board )
Attn: Executive Director )
1807 13th Street, Suite 103 )
Sacramento, CA 95811-7137 )
Project Name: Ocean Trails HCPLA (2009) Angeles LLC Space above line for Recorder's
use
County: Los Angeles
APNs: 7546-022-022; 7578-002-009 (portion)/01 0; 7578-003-001 and 006 (portion)
· NOTICE OF UNRECORDED GRANT AGREEMENT
(WITH COVENANTS AFFECTING REAL PROPERTY)
This Notice of Unrecorded Grant Agreement ("Notice"), dated as of December 17,
2013, is made by the City of Rancho Palos Verdes ("Grantee") and recorded concurrently
with the Deed described below, to provide notice of an agreement between Grantee and
the Wildlife Conservation Board ("Grantor" or "WCB"), a subdivision of the State of
California, affecting the real property described below.
1. WCB and Grantee have entered into the California Wildlife Conservation
Board Grant Agreement for Acquisition of Fee Interest, Grant Agreement No. WC-1325BG
("Grant" or "Agreement"), pursuant to which WCB grants to Grantee certain funds for
Grantee's acquisition of fee title to approximately 42± acres of real property located in the
City of Rancho Palos Verdes, County of Los Angeles, California (the "Property"), by Grant
Deed (the "Deed") from Angeles LLC. The Property is legally described in Exhibit A
attached to this Notice and incorporated in it by this reference. Initial-capitalized terms
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2. Grantee agrees under the terrns of the Grant to execute this Notice to give
notice that Grantee received funds under the Agreement to assist Grantee in acquiring the
Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of
the Grant. The Grant is incorporated by reference into this Notice.
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3. Grantee covenants and agrees in Section 5 of the Agreement as follows:
3.1. The Property shall be held and used only in a manner that is consistent
with the Agreement, including the following "Purposes of Grant" set forth in
Section 2 of the Agreement:
The Property shall be held and used for the purposes protecting
California gnatcatcher habitat and potential habitat for the Palos
Verdes butterfly, the coastal cactus wren and other rare species found
within and adjacentto the Rancho Palos Verdes Natural Community
Conservation Plan and Habitat Conservation Plan (NCCP/ HCP) area,
wildlife habitat preservation, restoration and management, wildlife-
oriented education and research, and for compatible public or private
uses, all as may be consistent with wildlife habitat preservation and
protection of sensitive biological resources (individually and
collectively, the "Purposes of Grant").
3.2. The Property (including any portion of it or any interest in it) shall not be
sold, transferred, exchanged or otherwise conveyed without the written
approval of the State of California, acting through the Executive Director of
the Wildlife Conservation Board ("WCB") or its successor.
3.3. The Property may not be used to satisfy any requirement or condition
imposed by any permit, agreement, authorization or entitlement for use
("Mitigation"), including but not limited to any requirement to compensate for
or otherwise offset impacts of an activity, without the written approval of the
. State acting through the Executive Director of WCB or its successor. ·
3.4. The Property (including any portion of it or any interest in it) may not be
used as security for any debt without the written approval of the State of
California, acting through the Executive Director of WCB or its successor.
3.5. At the request of Grantor, not Jess than once in any period of three
calendar years, Grantee shall allow designated staff of Grantor to access the
Property to assess compliance with the terms, covenants and conditions of
this Agreement.
3.6. Grantee agrees to ensure that the terms and conditions of this
Agreement shall be taken into account when calculating the
baseline/business as usual of the Property for purposes of establishing
carbon credits or other emissions offsets proposed to be authorized, created,
sold, exchanged or transferred. Grantee agrees to notify WCB prior to any
such proposed establishment.
----·4-:--Pursuant-to-section-7-of-the-Agreement,--in-the-event-of-a-Elefaultunder-the--···
Agreement, in addition to any and all remedies available at Jaw or in equity, Grantor may
seek specific performance of the Grant and may require Grantee to convey a conservation
easement over the Property in favor of Grantor (or, at the election of Grantor, another
entity or organization authorized by California Jaw to acquire and hold conservation
easements and that is willing and financially able to assume all of the obligations and
responsibilities of Grantee), and to pay a sum to Grantor which, when combined with the
fair market value of the conservation easement, equals the sum granted to Grantee
pursuant to the Agreement, together with interest thereon as provided in the Agreement.
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,,
5. Pursuant to Section 8 of the Agreement, if Grantee is a nonprofit organization
and the existence of Grantee is terminated for any reason, title to all interest in real
property acquired with state funds shall immediately vest in the State of California.
However, prior to that termination, upon approval of Grantor, another public agency or
nonprofit organization may receive title to all or a portion of that interest in real property by
recording its acceptance of title in writing. Any deed or other instrument of conveyance
whereby real property is being acquired by a nonprofit organization pursuant to this section
shall be recorded and shall set forth the executory interest and right of entry on the part of
the State of California.
6. Pursuant to Section 9 of the Agreement, the Grant shall remain in full force
and effect from and after the close of escrow for the acquisition of the Property.
7. Pursuant to Section 10 of the Agreement, the Grant shall be binding upon
Grantee and all designees, successors and assigns of Grantee.
B. Pursuant to Section 11 of the Agreement, if all or any part of the Property is
taken by exercise of the power of eminent domain, or acquired by purchase in lieu of
condemnation, Grantor and Grantee shall act jointly to recover from the condemning
authority the full value of the Property so taken or purchased, and all direct or incidental
damages resulting therefrom. Grantor shall be entitled to the share of the Award which
equals the ratio of the Grant Funds provided by Grantor to the purchase price Grantee
paid to acquire the Property.
9. This Notice is solely for the purpose of recording and in no way modifies the
provisions of the Agreement. Grantee and WCB each has rights, duties and obligations
under the Agreement which are not set forth in this Notice. To the extent the terms of this
Notice conflict with the Agreement, the terms of the Agreement shall govern and control.
10. For additional terms and conditions of the Agreement, reference should be
made to the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee
Interest by and between WCB and Grantee that commenced , 2013,
and is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103,
Sacramento, California 95811-7137; mailing address: Wildlife Conservation Board, c/o
Department of Fish and Wildlife, P. 0. Box 944209, Sacramento, CA 94244-2090.
GRANTEE:
City of Rancho Palos Verdes
By: _______ ____.;. __ _
Print Name:, _________ _
Title:, ____ ~-------
[Notary Acknowledgment]
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EXHIBIT E
Commitment for Management and Funding
The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the
California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest
(Agreement) of which this Exhibit E forms a part. Grantee hereby commits to the Wildlife
Conservation Board (WCB) as follows:
The City of Rancho Palos Verdes is the agency responsible for ensuring the preservation
and management of lands acquired pursuant to the Rancho Palos Verdes Natural
Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). Permanent
Habitat Protection Measures ("Prepare and Implement. Preserve Management Plans for
Natural Habitat Lands") identified in the NCCP/HCP commit the Grantee to ensuring
permanent protection of conserved lands dedicated to the NCCP/HCP Preserve through
recorded conservation easements. Section 5.9.1 of the NCCP/HCP provides the Grantee
with the ability to cooperate with other entities to acquire and manage lands pursuant to
the NCCP/HCP.
Grantee is a party to an agreement for preparing the NCCP/HCP and is anticipated to be a
primary owner and manager of lands acquired pursuant to the NCCP/HCP. If the Property
is enrolled in the NCCP/HCP, Grantee will be the owner and the Palos Verdes Peninsula
Land Conservancy (PVPLC). will be the manager of the Property (as defined in the
Agreement). Grantee owns and the PVPLC manages approximately 1 ,400 acres of land in
the City of Rancho Palos Verdes, much of which is similar in character and management
need to the lands to be acquired pursuant to the Agreement.
Grantee hereby commits to manage and fund the management of the Property (as defined
in the Agreement) located in the City of Rancho Palos Verdes, Los Angeles County,
California, in perpetuity or to dedicate the Property to the NCCP/HCP in which case the
PVPLC will manage and fund the management of the Property according to the provisions
of the NCCP/HCP for managing preserved lands in perpetuity, consistent with the following
Purposes of grant:
·····-·--.:c.c....!iliprotecting·Galifornia-gnatcatcher-habitat-andpotential-habitat-for-fhe-Palos-Verdes····· --------
butterfly, the coastal cactus wren and other rare species found within and adjacent to the
Ocean Trails Habitat Conservation Plan (OC HCP) area"
Specific management actions for the Property are not known at this time. Grantee is in the
process of developing a Preserve Management Plan for the Property. Management
actions could include enrolling the property into the NCCP/HCP, in which case
management of the Property would be carried out by the Palos Verdes Peninsula Land
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Conservancy (PVPLC) in accordance with the management responsibilities required by the
NCCP/HCP. Anticipated costs of land management activities under the NCCP/HCP are set
forth in Section 4.3 of the NCCP/HCP.
In furtherance of the commitment set forth above, and in order to manage the property
consistent with the Purposes of this grant, if the Property is enrolled in the NCCP/HCP,
Grantee or the PVPLC will fund management in perpetuity consistent with the funding plan
established in Section 4.3 of the NCCP/HCP.
Grantee makes this Commitment with the understanding that ifWCB enters into the
Agreement and funds (as defined in the Agreement) to Grantee, WCB will do so in reliance
on this Commitment.
Grantee makes this Commitment with the understanding that ifWCB enters into the
Agreement and grants funds (as defined in the Agreement), WCB will do so in reliance on
this Commitment.
Dated: lr2/iz ,2013
GRANTEE
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. ' " ·'
EXHIBIT F
Certificate of No Regulatory Requirement
The undersigned is the Mayor of the City of Rancho Palos Verdes, the Grantee, under the
California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest
(Agreement) of which this Exhibit F forms a part. Grantee hereby certifies to the Wildlife
Conservation Board (WCB) as follows:
Grantee's acquisition of the Property (as defined in the Agreement) located in the City of
Rancho Palos Verdes, Los Angeles County, California, is not intended, and shall not
serve, to satisfy any local, state or federal regulatory requirement (e.g., mitigation for any
local, state or federal authorization or permit), including but not limited to complying with a
biological opinion under Section 7 of the Endangered Species Act of 1973, 16 U.S.C.
Section 1361 et seq., as amended ("ESA"), or fulfilling commitments of a Habitat
Conservation Plan under Section 10 of the ESA, provided that Property acquired with any
Grant Funds will be preserved and managed in accordance with, and will fulfill certain
commitments of, the Rancho Palos Verdes NCCP/HCP, to the extent consistent with the
Agreement.
Grantee makes this Certificate with the understanding that if WCB enters into the
Agreement and grants funds (as defined in the Agreement) to Grantee, WCB will do so in
reliance on this Certificate.
Dated: __ 11;,_1---'-1 __ , 2013
GRANTEE
Title: Mayor
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