CC SR 20191106 K - NPS Agreement Status UpdateRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/06/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a status report on agreements
releasing and adding deed restrictions over the Civic Center property
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a status report on agreements releasing and adding deed
restrictions over the Civic Center property.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Recorded Deed of Partial Release and Declaration of Restrictions (page A -1)
B. October 29, 2019 staff report (page B-1)
BACKGROUND AND DISCUSSION:
This report is to provide a status update regarding the City’s agreements to transfer
oversight of the Civic Center property on Hawthorne Boulevard from the National Park
Service (NPS) to the U.S. General Services Administration (GSA) on behalf of the
Department of Justice (DOJ) and the Federal Emergency Management Agency
(FEMA).
The documents that were approved at the October 29, 2019 City Council meeting were
recorded on October 30, 2019 (Attachment A). With the recordation, the City is no
longer held to the passive recreation easements that existed under NPS and has the
ability to use the property for public safety and emergency management purpose s.
Background information on the release and addition of deed restrictions is outlined in
the October 29 staff report (Attachment B).
After a more than 25-year effort on behalf of previous councils and staffs of the City, the
matter has finally come to a successful conclusion. The City can now include the
1
subject 9.5 acres along with the rest of the Civic Center property for needed
development of vital public safety facilities.
For their tireless assistance and strong commitment in helping the City reach this
successful conclusion, staff wishes to extend a sincere and heartfelt thank you to these
people who gave there all to help make it happen:
U.S. Senator Dianne Feinstein and staff
U.S. Rep. Ted Lieu and staff
L.A. County Supervisor Janice Hahn and staff
L.A. County Fire Chief Daryl Osby
State Senator Ben Allen and staff
Assemblymember Al Muratsuchi and staff
National Park Service Director Dan Smith
Ralph Conner, Director, Office of Real Property, GSA
Anita Lee, Realty Specialist, Office of Real Property, GSA
Councilwoman Susan Brooks
Tim Stewart of the American Capitol Group
2
Recording requested by:
::City Clerk Dept
Rancho Palos Verdes
c
When recorded mail to:
*20191169278*
City Hall Rancho Palos Verd s
30940 Hawthorne Blvd
Rancho Palos Verdes CA
90275
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1088-AF
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF PARTIAL RELEASE
This Deed ofRelease (this "Release") is from THE UNITED STATES OF AMERICA, acting by and
through the undersigned Regional Director, Interior Regions 8, 9, 10 and 12, National Park Service, under
and pursuant to the power and authority contained in the provisions of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377), as amended (the "Act"), and regulations and orders
promulgated thereunder (hereinafter designated "Grantor"), to the City of Rancho Palos Verdes, a municipal
corporation existing under the laws of the State of California ("Grantee"), and its assigns.
Recitals:
A. On October 30, 1979, Grantor conveyed to Grantee, pursuant to authority delegated by the
Secretary of the U.S. Department of the Interior, and as authorized by the Act and regulations and orders
promulgated thereunder, 75.53 acres of real property, more or less, located in Rancho Palos Verdes,
California (the "Park Property"), as more fully described in the Quitclaim Deed dated October 30, 1979,
and recorded in the Official Records of Los Angeles County, California on December 6, 1979 as Instrument
No.79-1370945 (the "Quitclaim Deed"). The Quitclaim Deed corrected e1Tors in the legal description and
acreage figures contained in the original quitclaim deed for the Park Property which was executed on
August 25, 1978 and recorded in the Official Records ofLos Angeles County, California on September 27,
1978 as Instrument No. 78-1074154.
B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was
to be used exclusively for public park and recreational purposes and certain restrictions were expressly set
forth as paragraphs 1 through 8 of the Quitclaim Deed (collectively, the "Restrictions").
C. Subsequent to the said conveyance of Park Property, Grantee determined it no longer needs all of
the Park Property for park and recreation area purposes, and sought to utilize a portion of the Park Property,
consisting of a tract of approximately 9.549 acres, as more fully described on Exhibits A and B attached
hereto and made a part hereof (the "Released Property"), for law enforcement and emergency services
purposes.
D. The Grantee has requested that the Released Property be released from public park and recreation
area covenants, and that it be made subject to the covenants of the Law Enforcement public benefit
conveyance program administered by the Department of Justice, and the Emergency Management Response
public benefit conveyance program administered by the Federal Emergency Management Agency.
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Page 1 of21
A-1
E. The Grantee has applied to the Department of Justice and the Federal Emergency Management
Agency for transfer of the Released Property to their public benefit conveyance programs, and both agencies
have accepted Grantee's applications.
F. The General Services Administration has advised the National Park Service by letter dated
September 20, 2019, that it concurs with releasing all Restrictions set forth in the Quitclaim Deed placed
upon the Released Property for public park and recreational purposes and for the replacement of those
restrictive covenants on the Released Property with those of the law enforcement and emergency
management program restrictive covenants.
G. This Deed of Release has no effect on the remainder of the Park Property not included with the
Released Property (the "Unaffected Park Property").
NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America,
does hereby release the Released Property from Restrictions 1-8 placed upon it in the Quitclaim Deed,
including, without limitation, the requirement that the Released Property be used exclusively for public park
and recreational purposes. This Release does not affect, and the Released Property remains subject to, all
legal easements, leases, agreements, rights-of-way, and other restrictions.
In consideration of the release of the Released Property from the Restrictions, Grantee has on this
same day entered into a Declaration of Restrictions with the United States of America, acting by and
through the General Services Administration, whereby Grantee will pledge certain rights and interests in the
Released Property to the United States of America, acting by and through the General Services
Administration. The form of the Declaration ofRestrictions is attached as EXHIBIT C to this Release.
This Release does not affect the Unaffected Park Property, and the covenants and restrictions of the
Quitclaim Deed remain unmodified and in full force and effect with respect to the Unaffected Park Property.
----------------------------------------Remainder of page intentionally left blank--------------------------------------
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page2of21
A-2
. IN WITNESS_ WHER¥0Jit~e Grantor ha~cau;;e~ this J?eed or Release to be executed in its name
and on 1ts behalf on th1s the / 1:S day of O~t:Je:.Jy/ , 2019.
UNITED STATES OF AMERJCA
Regional Director
National Park Service, Interior Regions 8, 9, 10 and 12
ACKl\lOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of San Francisco )
a A , ,
personally appeared -"' xan ,.ttl-LSI/ J-1 , who 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/s~/~ey executed the same his/~/t~ir authorized capacity~s), and that by
his/h~tl-mir signature(~on the instrument the person(~ or the entity upon behalf of which the person~)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
(Signa~)
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
SEAL:
APRIL M. JOHNSON
Notary Public-California
San Francisco County
Commission# 2218664
My Comm. E~pires Nov 13, 2021
Page 3 of21
A-3
The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume
and be bound by all the obligations, conditions, covenants and agreements therein contained.
City ofRancho Palos Verdes, M A"<o!R.
Date tc{aot/aol'\
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accurac , or validit" of that document.
State of California )
) ss.
County of L,-. A-noe-k.s )
On lo I ;a.t\ [ ~o\C\ before me, t-er't"So4 :PviMQ.VP'?c. ::Ta¥-a.o\<.c.... ,~~pJb\ ;c.
personally appeared ..::l-eery \1. ""Du.hov\C:.. , who proved to me on the basis
of satisfactory eviuen~e lube Lhe person(~whose nameW is/~ subscribed to the within instrument, and
ac.knowledged to me that he/sbeftb.ey executed the same his/her/th6r authorized capacity(iJ!81, and that by
his/heHrheVsignature~on the instrument the personk5J or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
C\.-~"~~ SEAL (Signature ofNotary Pubh
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page 4 of21
A-4
EXHIBIT A
Released Property
EXHIBIT ''A" SHEET 1 OF 1
LEGAL DESCRIPTION
IN THE CITY OF RANCHO PALOS VERDES, COlJI'TY OF LOS ANGELES. STATE OF CALIFORNIA, BEING A PORTION OF
PARCEL II AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBEFl6. 1979 AS INSTRUMENT ~JUIVIBER 79-1370945
AND ALL OF THE LAND DESCRIBED IN THE TAX DEED RECORDED OCTOBER 8. 2010 AS INSTRUMENT NUMBER
20101442666, BOTH OF OFFICIAL RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEf;STERLY RIGHT-OF-WAY OF HAWTHORNE BOULEVARD (50-FOOT HALF WIDTH).
SAID POINT BEING THE MOST NORTHERLY CORI,ER OF THE LAND DESCRIBED IN Sll.ID TAX DEED. AS SHOWN ON THE
RECORD OF SURVEY RECORDED IN BOOK 255 PAGES 75-79 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY
RECORDER;
THENCE SOUTH 11'15'55" EAST 6.67 FEET ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID TAX DEED TO
THE NORTHEASTERLY CORNER OF SAID PARCEL II: THENCE SOUTH 11 "15'55" EAST 347.05 FEET ALONG THE EASTERLY
LINE OF SAID PARCEL II:
THENCE LEAVING SAID EASTERLY LINE OF PARCEL II. SOUTH 83"23'30" WEST 342.65 FEET, THENCE SOUTH
43"34'47" WEST 387.84 FEET· THENCE NORTH 55"06'13" WEST 208.35 FEET; TO 1\N 1\NGI.E POINT IN THE EASTERLY
BOUNDARY OF PAPCEL 4 AS SHOWN ON Sf;ID PECOPD OF SURVEY. SAID ANGLE POINT BEING THE NORTHEASTERLY
TERMINUS OF THE COURSE BEARING NORTH 42"55'00" EAST WITH A DIST!1NCE OF 232.01 FEET; THE~ICE ALOI'iG THE
BOUNDARY OF SAID r~ARCEL 4 THE FOLLOWING 9 COURSES
THENCE NORTH 47'05'00" WEST 201.42 FEET;
THENCE NORTH 42"55'00" EAST 215 01 FEET;
THENCE NORTH 47'05'00 .. WEST 160.42 FEET:
THENCE SOUTH 42"55'00"WEST 21501 FEET:
THENCE NORTH 4T05'00" WEST 130.19 FEET;
THENCE NORTH 43"41'26" EAST 73.72 FEET;
THENCE NORTH 05"17'23" WEST 110.01 FEET:
THENCE NORTH 84"42'37" EAST 195.01 FEET;
THENCE NORTH 62"30'25' EAST 110.17 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID HAWFHORNE
BOULEVARD. BEING !1 CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 550.20 FEET, f,_ RADIAL LINE TO
SAID POINT BEARS SOUTH 31'"10'03"WEST:
I He Net: t;0U I'HEASTERLY 329.55 FEET ALONG SAID CURVC AND SAID RIGHT OF WAY THROUGH 1\ CFNTRAI A~IGLE OF
34' 19'07 10 THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 2480.22
FEET; THENCE NORTHFASTFRI Y 426.94 f'EET ALONG SAID CURVE AND CONTINUING ALONG SAID RIGHT-OF-WAY
THROUGH A CENTRAL ANGLE OF 09'5146" TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 415,944 SQUARE FEET (9 549 ACRES) I~ ORE OR LESS.
ALL AS SHOWN ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART THEREOF
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY lviE. Of' UNDE.R lviY DIRECTION. IN CONFORMANCE WITH
THE PROFESSION/I.L U\ND SURVEYOR'S ACT.
PATRICK D EARL, P L.S 8773 ICA)
THiS DOCUMENT IS PRELIMINARY UNLESS SIGNED
411012019
DATE
KDM MERIDIAN, INC.-22541 AS PAN ST., STE. C-LAKE FOREST. CA 92630-PH (949)768-0731 FAX (949) 768 .. 3731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Page5of21
A-5
EXHIBIT "B" SHEET 1 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
LEGEND
[R8]J PLOTABLf. EASEMENT
XXX NON-PLOTTED EASEMENT
P.O.B POINT OF BEGINNING
BOUNDARY OF LAND DESCRIBED
-· --~--CENTERLINE
-----RIGHT-OF-WAY
------ - -EASEMENT
LOT LINE
PARCEL IDENTIFICATION
PARCEL 1 PARCEL 1 OF RSB
PARCEL 3 PARCEL 3 OF RSB
PARCEL 4 PARCEL ~ OF RSB
PARCEL 5 PARCEL 5 OF RSB
255/75-79
255/75-79
255/75-79
255/75-79
PARCEL II OF INST. NO. 79-1370945
PORTION OF PARCEL B OF INST. NO. 79-1370945
PARCEL C OF INST. NO. 79-1370945
LAND DESCRIBED IN INST. NO. 20101442666
EASEMENTS LISTED HEREON PER FIF<ST AMERICAN TITLE COMPANY PRELIMINARY REPORT #OSA-2913952.
DATED DECEMBER 28, 2017 AT 7;30AM
NON-EASEMENT ENCUMBRANCES (TAXES, LEASES. LAND RESTRICTIONS, ETC.) AS OUTLINED IN THE
EXCEPTIONS AI~D EXCLUSIONS SECTION OF SAID PRELIMINARY TITLE REPORT ARE NOT SHOWN OR INCLUDED
IN THIS DOCUMENT
BASIS OF BEARINGS
THE BEARII~GS SHOWI-.J HEREOI\l ARE BASED ON THE RECORD OF SURVEY RECOROE.D II~ 80UK 255 f.'AGLS
75--79 OF RECORDS 01' SURVEY, RECORDS OF LOS ANGELES COUNTY RECORDER
411012019
PATRICK D. EARL, P.L.S. 8773 (CA) DATE
THIS DOCUMENT IS PRELIMINARY UNLESS SIGNED
KDM MERIDIAN, INC. -22541 ASPAN Sf, STE. C -LAKE FOREST, CA. 92630 -PH. (949)768-0731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Page 6 of21
A-6
EXHIBIT "B" SHeET? OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EXISTING EASE'vH .. NTS
Pt":..LOS VE~D[S WA1f
PAJ3L 274 Of o:TlO/,L RECDHDS,
"~/AF~;ous
Af\ FAS[t ... 1[}{f tor; i~OADS OR STRC~"r A>-lfJ J·JCD::t\'AL ?UR?OSES :f>.J FAv();; Trlf COUNTY CF ~.0':::
A.t-~GE! [S, R[CCRU£0 NOVEMBER 1 90.ci /~.S ;~,Sll~Ufv1f.J,f/ 1'J(). 5377 0~~ QfT:C:l\L RECORDS
:_AS~] .. l.(;\,TS FOR
:r,, cfoVOR
1\ND H\lJ!-if/AY FURPOSES. STORM !")R'.L..I:·~S. S_OPES, ,\ND ~~~C D::r~"rAL FURPOSLS
LOS ANGEJJ~:,, l~ECORD::D SEPTD/GFF-. 9, 126J P.S ll'...:Sr;:;;:Lr.,1Ef'-~l NO_ S:.li
RECCFZDS.
J'SC ~l'ld'\JT/.>.iN, 0P~R.ll.~:=-. AL'HJ~. ltD:) TO,
T·ME /IJ~D :-ROM TO Tli>AC
i<i'< [!\SIIvl[:,n 10 CO!\S lRuC!
l~,.s~E:<~T .t\!<J:J RUY10V[ Af At-·ff
COMMJN1Cfo118\l S'(ST[~.AS
UI\DERCPOU'H) CCI,;D,.li-S,
RE=ERR~~D TO P.S \~;iRES,
ABOVE~ GR()I,_;ND
!d~ID IN F PYCf~ OF SOU! Hi:R\; CALIFCJRN ;\
R[CO:;:DEO APF~L 8, ~ 98() AS ihlS--:-Rut . .~1Ef,rT NG. 8~)-3jj76C· OF CFF!CJAL
f\f··J EAS[ UfJ·(·? TC :ot-.:s·l ~t;C!.
I:'.J::.P::CT ,~J~O FTMOV[ -~~ Ai·-~y
A''!J COI<,IMUI+Cio,~:CI-1 SYSTfiv'S
t.JhD::RGRO:J~[) ::ONDU:Ts. Vl'.U{_ TS. Ml'-J,JriOLES,
AND I',CIDENI AL P:JRPCJSES JN I A'/OR OF SOU I H[k'' CAU":JRrr,r-.
RECC~OEC, FEBF:UAR"r" 1 , 1934 AS !1-\STRUM[~~; \.JO. 8A -~~ i 6·1 L
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
SUF'PL'I SYSTEM::
CONSISt !NG Of \"I! RES,
UDING A"'-'UPf[hiA'lT
Page 7 of21
A-7
o· so· 1oo·
~~
SCALE: 1"= 100'
\
\
J
SCESHEET4
EXHIBIT 11 8"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
I
I
I
f
I
I
I
I
I
I
I
I
j
SHEET 3 OF 4
N00"10"08"F 515.12'-
SEESHt:ET4
KDM MERIDIAN, INC. -22541 ASP AN ST.. STE. C-LAKE FOREST, CA. 92630-Pl·t (949)768-0731 FAX {949) 768-3731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Page 8 of21
A-8
:;,o· 1oo·
·--~) EXHIBIT "B" SHEET 4 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SEE SHEET3 SEE SHEET 3
\
0
~'l
~
}"' ,_ ,..,
'N
"" \,r
ro z
"'-J
KDM MERIDIAN, INC.· 22541 ASPAN ST., STE. C ·LAKE FOREST. CA. 92630 ·PH. (949)768-0731 FAX {949) 768-3731
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page 9 of21
A-9
EXHIBITC
Form of the Declaration of Restrictions
Recording requested by and
when recorded mail to:
City Clerk
City of Rancho Palos Verdes
Address 3o'iJ..to \-1-a.w'\"hov"i/H! ShteL
City, Zip ?>o.OI\c\elo Pa,\.o<; \)erc\t.\ CA
l{o 2. i '5
No Fee Recording Pursuant to
Government Code Section ;t 1 og .3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this~ day of 0c-to~~019 by the
CITY OF RANCHO PALOS VERDES, a municipal corporation existing under the laws
of State of California acting by and through the City Council of the City of Rancho Palos
Verdes ("Declarant") and the UNITED STATES OF AMERICA acting by and through the
General Services of Administration ("GSA") under and pursuant to the powers and
authority contained in Title 40, U.S. Code§ 553 (b).
Recitals:
A. On October 30th, 1979 the Secretary of the U.S. Department of the Interior
("DOl"), and as authorized by the Federal Property and Administrative Services Act of
1949 and regulations and orders promulgated thereunder, conveyed to Declarant 75.53
acres of real property, more or less, located in Rancho Palos Verdes, California (the
"Property"), as more fully described in a quitclaim deed recorded in the Official Records
of Los Angeles County, California on December 6, 1979 as Instrument No.79-1370945
(the "Quitclaim Deed"). The Quitclaim Deed corrected errors in the legal description
and acreage figures contained in the original quitclaim deed for the Property recorded in
the Official Records of Los Angeles County, California on September 27, 1978 as
Instrument No. 78-1074154.
B. The Property was conveyed and accepted by Declarant upon the express
condition that the Property was to be used exclusively for public park and recreational
purposes pursuant to certain restrictions set forth in paragraphs 1 through 8 of the
Quitclaim Deed (collectively, the "Park Restrictions").
C. Declarant has determined it no longer needs all of the Property for park and
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Page 10 of21
A-10
recreation area purposes, and desires to utilize a portion of the Property, consisting of
approximately 9.549 acres, as more fully described on Exhibits A and B attached hereto
and made a part hereof (the "Released Property"), for law enforcement and emergency
management response purposes.
D. On April 1Oth, 2019, Declarant submitted an application including Program of
Utilization and plan ("April 2019 Application") to the Department of Justice and the
Federal Emergency Management Agency for transfer of the Released Property to their
public benefit conveyance programs, and both agencies have accepted and approved
Declarant's April 2019 Application.
E. GSA has advised DOl by letter dated September 20th, 2019, that it concurs with
releasing all Park Restrictions placed upon the Released Property in exchange for
subjecting the Released Property to restrictions for law enforcement and emergency
management response purposes.
F. Declarant has agreed to impose on the Property, in exchange for the release of
the Park Restrictions from the Released Property, restrictive covenants to ensure that
the Released Property will be used solely for law enforcement and emergency
management response purposes in perpetuity.
NOW THEREFORE, in consideration of the mutual agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Declarant does hereby declare, covenant, and agree, for itself and its
successors and assigns, that the Released Property shall hereafter and perpetually be
held and conveyed subject to the following conditions and restrictions:
1 . Subject to the requirement to provide public parking and trailhead access as more
particularly set forth in Paragraph 2 below, the Released Property shall be used and
maintained exclusively for law enforcement and emergency management response
purposes in perpetuity as set forth in the April 2019 Application, as may be amended
from time to time at the written request of either Declarant or GSA, with the written
conc~,~rrence of the other party, and such amendments will be added to and become
a part of the original application.
2. Declarant shall continue to provide public parking and trailhead access from the
Released Property to the adjoining Upper Point Vicente Park in perpetuity as stated
in the Program of Utilization for the Upper Point Vicente Park dated March 1st, 1976,
as amended by the proposal concurred with by NPS on September 14, 2014, and as
amended by the amendment as stated by NPS in its approval dated August 9, 2019.
3. The Released Property shall not be sold, leased, assigned or otherwise disposed of
except to another eligible governmental agency that GSA approves in writing. Any
such disposition shall assure the continued use and maintenance of the Released
Property for law enforcement and emergency management response purposes
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page 11 of21
A-11
subject to the same terms and conditions in this Declaration of Restrictions. Any
mortgage, lien, bond, or any other encumbrance not wholly subordinate to the
interest of the United States of America in this Declaration of Restrictions shall
constitute an impermissible disposal.
4. Declarant acknowledges that it was placed on notice that the Released Property is
located within an area of known, listed threatened and/or endangered species and/or
critical habitat, including the endangered "Coastal California Gnatcatcher" (Polioptila
californica), protected by the Federal Endangered Species Act (16 U.S.C. Sec.
1531, et seq.). Declarant acknowledges that it has the legal obligation to satisfy the
requirements of the Endangered Species Act.
5. Declarant further covenants and agrees for itself, its successors and assigns, that:
(1) any use, operation, program or activity on or related to the Released Property will
be conducted in compliance with all Federal laws and regulations relating to
nondiscrimination, including but not limited to the following laws and regulations as
such may be amended from time to time: (a) the regulations of GSA at 41 CFR 101-
4 et. seq; 41 CFR 101-6.2 et. seq; 41 CFR 101-8.3 et. seq; and 41 CFR 101-8.7 et.
seq.: (b) Title VI of the Civil Rights Act of 1964: (c) Title Ill of the Age Discrimination
Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the
Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects
to the provisions of said laws and regulations; (3) GSA, its successors and assigns,
will promptly take and continue to take such action as may be necessary to
effectuate this covenant; (4) the United States shall have the right to seek judicial
enforcement of this covenant; (5) GSA, its successors and assigns, will (a) obtain
from each other person (any legal entity) who, through contractual or other
arrangements with GSA, its successors or assigns, is authorized to provide services
or benefits on or in connection with the Released Property, a written agreement
pursuant to which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obligations as
those imposed upon GSA, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to GSA or his successor or assign; and (6) this
covenant shall run with the land , and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the Declarant and
enforceable by the Declarant against GSA, its successors and assigns.
6. Declarant, its successors and assigns, shall indemnify, defend, protect, save and
hold harmless United States, its employees, officers, attorneys, agents, and
representatives from and against any and all debts, duties, obligations, liabilities, law
suits, claims, demands, causes of action, damages, losses, costs, and expenses
(including without limitation attorneys' fees and expenses, consultant fees and
expenses, expert fees and expenses, and court costs) arising out of any claim for
personal injury or property damage (including death, illness, or loss of or damage to
real or personal property or economic loss) that relates to Declarant's failure to
comply with the terms of this Declaration of Restrictions or from the use or
occupancy of the Released Property by Declarant, its successors, assigns,
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page 12 of2l
A-12
transferees, invitees, or agents.
7. GSA has the right of entry upon the Released Property for the purposes of
evaluating Declarant's compliance with the terms and conditions of this Declaration
of Restrictions.
8. In the event that there is a breach by Declarant, its successors and assigns, of any
of the covenants, conditions or restrictions set forth herein, whether caused by the
legal or other inability of Declarant, its successors and assigns, to perform said
covenants, conditions or restrictions, GSA will give written notice, with a reasonable
time stated therein, for the elimination, rectification or cure of said breach. Upon
failure to eliminate, rectify or cure said breach within the time set forth in the notice,
all right, title, and interest in and to the Released Property shall, at GSA's option,
revert to and become the property of GSA. In addition to all other remedies for such
breach, Declarant, its successors and assigns, at GSA's option, shall forfeit all right,
title, and interest in any and all of the tenements, hereditaments, and appurtenances
thereunto belonging.
9. The failure of the GSA to require in any one or more instances complete
performance of any of the conditions or covenants shall not be construed as a
waiver or relinquishment of such future performance, but obligation of the Declarant,
its successors and assigns, with respect to such future performance shall continue in
full force and effect.
1 O.ln the event GSA exercises its option to revert all right, title, and interest in the
Released Property to GSA, or Declarant voluntarily returns title to the Released
Property in lieu of a reverter, then Declarant shall provide protection to and
maintenance of the Released Property at all times until such time as the title is actually
reverted or returned to and accepted by GSA, including the period of any notice of
intent to revert. Such protection and maintenance shall, at a minimum, conform to the
standards prescribed by GSA in its regulations 41 CFR 102-75.815 as such may be
amended.
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Page 13 of21
A-13
GSA:
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
By:
David Haase, Contracting Officer
Director, Real Property Utilization and Disposal Divisio!)>
U.S. General Services Administration ·?,.Y ~
DECLARANT:
' \ c.
CITY OF RANCH~ :~!~bs V-,~9gS,._.;
y ._,.,.
BY:
JERRY DUHOVIC, Mayor
City of Rancho Palos Verdes, California
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
'-"
Page 14 of21
A-14
CERTIFICATE OF ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate 1s attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _________ , before me, ___________________ ,
Date Name and Title ofthe Officer
personally appeared _________________ _,_;--=:--:;_c_----,~ ______ c,
Name(s) ofSigne_~-Ss);, i ·-' -)
who proved to me on the basis of S;,J-tisf,a~tory e_y:id§nde to be the person(s) whose
name(s) is/are subscribed to the witlJ:in --instrumehf'-and acknowledged to me that
he/she/they executed the sam~c ·---m his/Mtftheir authorized capacity(ies), and
that by his/her/their s.ignature(s'J on the instrument the person(s), or the
''\ ,-"'-'-_,'>~ ' --
entity upon behalLpf which the pers_?n( s )'acted, executed the instrument.
--
I certify und~r;:~ENA:OJ_y: 6F PERJURY under the laws of the State of California that
the foregoing par~~1:apl1 is true and correct.
WITNESS fuy hand and official seal.
Signature ofNotary Public
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
(Notary Public Seal)
Page 15 of21
A-15
CERTIFICATE OF ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate IS attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
On ________ , before me, ---~ c .··•· JJ :
Date N.ame and Title s)ftfie Officer
personally appeared -------'=/-'=-'=-----,----~~''-------------~' Na1n'e(s)of~:rgner (s)
¢~,, ' ' '
who proved to me/\0\}. ):tfie ba~i~> iff' satisfactory evidence to be the person( s) whose
name(s) is/are <;suliscfihed/ tc\c';the within instrument and acknowledged to me that
he/she/they executed /th(? same m his/her/their authorized capacity(ies ), and
that by his/MJ5'th~ir signature(s) on the instrument the person(s), or the
entity upon bel:J1:iJlfofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
(Notary Public Seal)
Page 16 of21
A-16
EXHIBIT "A" SHEET 1 OF 1
LEGAL DESCRIPTION
IN THE CITY OF RAI"CHO Pf<LOS VERDES, COUNTY OF LOS ANGELES, STATf' OF CALIFORNIA, BEING A PORTION OF
PARCEL II AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 6 1979 AS INSTRUMENT NUMBER 79-1370945
AND ALL OF THE LAND DESCRIBED IN THE TAX DEED RECORDED OCTOBER 8, 2010 P.,S INSTRUMENT NUMBER
20101442666, BOTH OF OFFICIAL RECORDS_ RECORDED IN THE OFFICF OF THE COUNTY RECORDER OF SAID COU,'ITY_
DESCRIBED AS FOLLOWS
BEGINNING f1T /1 POINT IN THE SOUTHEI',STERL Y RIGHT-OF-WAY OF HAWTHORNE BOULEVARD (50-FOOT I-IAI_F WIDTH),
SAID POINT BEING THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID TAX DEED, AS SHOWN ON THE
RECORD OF SURVEY RECORDED IN BOOK 255 PAGES 75-79 OF f-lECORDS OF SURVEY, RECORDS OF SAID COUNTY
RECORDER:
THENCE SOUTH 11 ~15'55' EASl 6 67 FEET ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID TAX DEED TO
THE NORTHEASTERLY CORNER OF SAID PARCEL II, THENCE SOUTH 11"15 55' EAST 347_05 FEET AWNG THE EASTERLY
LINE OF SAID P-~RCEL II
THENCE LEAVING SAID EASTERLY LINE OF PARCEL II. SOUTH 8T23'30' WEST 342_65 FEET: !HENCE SOUTH
43'"34'47" WEST 387 84 FEET: THENCE NORTH 55'06'13" WEST 208,35 FEET: TO AN ANGLE POINT IN THE EASTERLY
BOUND,4RY O> PARCEL 41\S SHOWN ON SAID RECORD OF SURVEY, SAID ANGLE POINT BEING THE I"ORTHEASTERLY
TERMINUS OF THE COURSE BEARING NORTH 42"55'00" EAST WITH A DISTANCE OF 232,01 FEET_ THENCE ALONG THE
BOUNDARY OF SAID PARCEL 4 THE FOLLOWING 9 COURSES
THENCE NORTH 47'05'00' WEST 201-42 FEET;
THENCE NORTH 42"55'00' EAST 215-01 FEET,
THENCE NORTH 47"05'00" WEST 16042 FEET:
THENCE SOUTH 42"55'00' WEST 215.01 FEET,
THENCE NORTH 47'05'00 WEST 13019 FEET:
THENCE NORTH 43'41'26' EAST 73_72
THENCE NORTH 05"17'23' WEST 110 01
THENCE NORTH 54'42'37" EAST 195,01 FEET:
THENCE NORTH 62"30'25' EAST 110_ 17 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID HfiWTI-IORI"E
BOULEVI\110, BEING fl CURVE CONCAVE TO THE NORTHEAST fiND I-lAVlNG A RADIUS OF 55020 FEET, p, RADIAL LINE' TO
SAID POINT BEARS SOUTH 31"10'03"WEST:
THENCE SOUTHEASTERLY 329.55 I'EET ALOI"G SAID CURVE fiND SAID RIGHT-OF-WAY THI{OUGI-I A CENTRAL ANGLE OF
34'19'07" TO THE' BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE NORTH /\NO HIWING A_ RADIUS OF 2480-22
fEET, THENCE NORTHEASTERLY 426,94 FEET ALONG SAID CURVE fiND CONTINUING ALONG SAID RIGHT-OF-WAY
THROUGH p, CENTRAL ANGLE OF 09"5146" TO THE POINT OF BEGINNING
THF AROVF rJFSC:f<113EIJ PARCEL OF Lf,ND COfHf•,INS 415,944 SOUfiRE FEET (9 549 ACRES). MORE OR LESS
fiLL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO fiND MADE fl PART THEREOF
THIS REAL PROPERTY DESCRIPTIO!-< HI<S BEEN PREPARED BY ME, OR UNDER MY DIRECTION_ IN COI,FORIVlfiNCE WiTH
THE PROFeSSIONAL LAND SURVEYOR'S ACT
KDM MERIDIAN. INC.-22541 ASPAN ST, STE. C-LAKE FOREST CA 92630-PH (949)768-0731 FAX (949) 768-3731
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Attachment G-1
Page17of21
A-17
EXHIBIT "8" SHEET 1 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
LEGEND
['9{81 PLOTABLE EASEMENT
XXX NON-PLOTTED EASEMENT
f-'.0.8 POINT OF BEGINNING
BOUNDARY OF LAND DESCRIBED
·····--····-------CENTERLINE
--------RIGHT-OF-WAY
----------EASEMENT
LOT LINE
PARCEL IDENTIFICATION
PARCEL 1
PARCEL 3
P.A.RCEL 4
PARCEL 5
PARCEL OF RS8 255/75-79
PARCEL OF RSB 255/75-79
PARCEL 4 OF RSB 255/75-79
PARCEL 5 OF RSB 255/75-79
PI'.RCEL 11 OF INST. NO. 79-1370945
POf<TION OF PARCEL B OF INST. NO. 79-i370945
PARCEL C OF INST. NO. 79---1.370945
LANO DESCRIBED IN INST. NO. 20101442666
EASEMENTS US1ED HEREON PER FIRST AMERICAN T!TLE COMPANY PRELIMINARY REPORT #OSA-2913952.
DI'.TED DECEMBER 28. 2017 AT 7:30AM
NON--EASEMENT ENCUMBRANCES (TAXES, LU.SES. LANO RESTRICTIONS, ETC.) AS OUTLINED IN TI-lE
EXCEPTIONS AND EXCLUSIONS SECTION OF SAID I'FlELII1!INARY TITLE REPORT ARE NOT SHOWN OR INCUJDEO
IN THIS DOCUMENT
8/>.SIS OF BEARINGS
THE BEARINGS SHOWI~ HEREON ARE BASED ON THE RECORD OF SURVEY RECORDED lh BOOK 75~ PAGFS
75-79 OF RECORDS OF SURVEY, RECOI<OS OF LOS ANGELES COUNTY RECORDER
4110/2019
PATRICK D. EARL, P.L.S. 8773 (CA) DATE
THIS DOCUMENT IS PRELIMINARY UNLESS SIGNED
KDM MERIDIAN, INC. -22541 /\SPAN ST., STE. C -LAKE FOREST, CA. 92630 -PH. {949)768-0731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Attachment G-2
Page 18 of21
A-18
EXHIBIT "B" SHEET 2 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EXISTING EASEMENTS
104 AN CASEMENT FOR PIPE LINE PURPOSFS A.I"D INCICEN!Ac PURPOSLS IN F)WCJR 01' PALOS VFRDCS WIIHR
RECORDED I\UCUST 25, 1934 IN BOOK 12886, PAGE 274 OF OFFICIAL PECORDS.
CllY, NOT PLOTTED.
:l.Q2j AN FASE10ENT FOR ROADS OR STREE'i AND INCIDEr"TAL PURPOSES IN FAVOR OF IHE COUIHY Of ;_os
ANGE'.FS, Rt:CORDFO NOVD"BC:R 4, 196'' liS rNS!RU,1[NT NO. 5377 OF OffiCIAL RECORDS.
fLEi
r~ASErv1ENTS FOR 0 U8UC ROAD Al"JO H1Gr'\NAY
IN FAVOR OF ThF. COUNTY OF LOS Ai\jGElFS,
OFFICI/;L RECORDS
m (ASE:VHH TO CONS1RUCT,
l'!SPECT A.ND RUAOVL AT ANY
At'D COMI~UNICATION SYSTEI~S
UNDERGROUND CON8Ui 1 S,
STORM SLOPeS, AND INCIOU•HAL PURPOSES
SEPfEMSER I 1963 AS lc,STRUMENT NO. 5516 Of
SUPPLY SYSTErvlS
CONSIS 1 1NG Of W!RES.
ABOVE-GROUND
MARI<ERS A,~Q
A CORPORATION,
i'.ND INCIDENTAL PURf"OSES IN FAVOR OF SOUTHER'! CALIFORNIA
RECOf<DED f.f'RIL 8, 1980 i'S ;NSTRUMENT NO. 80-.353760 OF OFFICIAL
li 1 .,·j A'l Ei\S[Ivi[NT TO CDI'!STRUCT, OPERATE, P.LllR, ADD
INSPECT AND REMOVE A.l A'IY Tllvi[ I 0 TIME
AND COiviMUNICATION SYSTEMS REFERRED TO AS
UiWERGROUND MANHOLES, HANDHOcES, AN[)
AI"D INCICJENTAL i"' FAVOR OF CALiFORNIA EDISON COMPANY. A CORPORATiON,
RECORDED FEBRUARY 14, 1984 AS INSTRUM[biT NO. 84-1916~4 OF OFFICAI. RECORDS.
KDivl MER!OIM~, iNC 22541 ~.SPAN ST, S~C. C -lAKE FOREST, CA. 92630 -PH (949)768-0731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Attachment G-3
Page 19 of21
A-19
\
SEE SHEET 4
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
------·-------------..... _
I
I
/
I
I
/
/
/
•1 rso(4'f~IS --/ -\R~\l)
/ P.O.B.
I
I
I
I
I
I
I
I
I
I
DETAIL
NOT TO SCALE
SHEET 3 OF 4
N00'10'08"F 515.12' ···-
SEE SHEET 4
KDM MERIDIAN, INC.· 22541 AS PAN ST., STE. C -LAKE FOREST, CA 92630-PH. (949)768-0731 FAX (949) 768-3731
Upper Point Vicente Park-Deed of Partial Release
City of Rancho Palos Verdes, California
Attachment G-4
Page 20 of21
A-20
o· 5o· 100'
--==·~-:=]
SCALE: I"~ I 00'
SEE SHEET 3
(R;\0)
..•.• ,.·--· +· ... -:,o·
1
5o'
I a
l 0::'
;I
I
!1.! I
I l I 2 I I% I
/ ,<' I .
/1
I
EXHIBIT "B" SHEET 4 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SEE SHEET 3
KDM MERIDIAN. INC.· 22541 AS PAN ST. STE. C ·LAKE FOREST. CA 92630 ·PH. (949)768.{)731 FAX (949) 768·3731
Upper Point Vicente Park-Deed of Partial Release
City ofRancho Palos Verdes, California
Attachment G-5
Page 21 of21
A-21
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1088-AF
Recording requested by and
when recorded mail to:
City Clerk
City of Rancho Palos Verdes
AddmSS30940 Hawthorne Blvd
City, Zip Rancho Palos Verdes CA
90275
No Fee Recording Pursuant to
Government Code Section 2 7 3 8 3
*20191169279*
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this 22nd day of October, 2019 by
the CITY OF RANCHO PALOS VERDES, a municipal corporation existing under the
laws of State of California acting by and through the City Council of the City of Rancho
Palos Verdes ("Declarant") and the UNITED STATES OF AMERICA acting by and
through the General Services of Administration ("GSA") under and pursuant to the
powers and authority contained in Title 40, U.S. Code§ 553 (b).
Recitals:
A. On October 30th, 1979 the Secretary of the U.S. Department of the Interior
("DOl"), and as authorized by the Federal Property and Administrative Services Act of
1949 and regulations and orders promulgated thereunder, conveyed to Declarant 75.53
acres of real property, more or less, located in Rancho Palos Verdes, California (the
"Property"), as more fully described in a quitclaim deed recorded in the Official Records
of Los Angeles County, California on December 6, 1979 as Instrument No.79-1370945
(the "Quitclaim Deed"). The Quitclaim Deed corrected errors in the legal description
and acreage figures contained in the original quitclaim deed for the Property recorded in
the Official Records of Los Angeles County, California on September 27, 1978 as
Instrument No. 78-1074154.
B. The Property was conveyed and accepted by Declarant upon the express
condition that the Property was to be used exclusively for public park and recreational
purposes pursuant to certain restrictions set forth in paragraphs 1 through 8 of the
Quitclaim Deed (collectively, the "Park Restrictions").
Page 1 of 12
A-22
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
C. Declarant has determined it no longer needs all of the Property for park and
recreation area purposes, and desires to utilize a portion of the Property, consisting of
approximately 9.549 acres, as more fully described on Exhibits A and B attached hereto
and made a part hereof (the "Released Property"), for law enforcement and emergency
management response purposes.
D. On April1 Oth, 2019, Declarant submitted an application including Program of
Utilization and plan ("April 2019 Application") to the Department of Justice and the
Federal Emergency Management Agency for transfer of the Released Property to their
public benefit conveyance programs, and both agencies have accepted and approved
Declarant's April 2019 Application.
E. GSA has advised DOl by letter dated September 20th, 2019, that it concurs with
releasing all Park Restrictions placed upon the Released Property in exchange for
subjecting the Released Property to restrictions for law enforcement and emergency
management response purposes.
F. Declarant has agreed to impose on the Property, in exchange for the release of
the Park Restrictions from the Released Property, restrictive covenants to ensure that
the Released Property will be used solely for law enforcement and emergency
management response purposes in perpetuity.
NOW THEREFORE, in consideration of the mutual agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Declarant does hereby declare, covenant, and agree, for itself and its
successors and assigns, that the Released Property shall hereafter and perpetually be
held and conveyed subject to the following conditions and restrictions:
1. Subject to the requirement to provide public parking and trailhead access as more
particularly set forth in Paragraph 2 below, the Released Property shall be used and
maintained exclusively for law enforcement and emergency management response
purposes in perpetuity as set forth in the April 2019 Application, as may be amended
from time to time at the written request of either Declarant or GSA, with the written
concurrence of the other party, and such amendments will be added to and become
a part of the original application.
2. Declarant shall continue to provide public parking and trailhead access from the
Released Property to the adjoining Upper Point Vicente Park in perpetuity as stated
in the Program of Utilization for the Upper Point Vicente Park dated March 1st, 1976,
as amended by the proposal concurred with by NPS on September 14th, 2014, and
as amended by the amendment as stated by NPS in its approval dated August 9th,
2019.
Page 2 of 12
A-23
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
3. The Released Property shall not be sold, leased, assigned or otherwise disposed of
except to another eligible governmental agency that GSA approves in writing. Any
such disposition shall assure the continued use and maintenance of the Released
Property for law enforcement and emergency management response purposes
subject to the same terms and conditions in this Declaration of Restrictions. Any
mortgage, lien, bond, or any other encumbrance not wholly subordinate to the
interest of the United States of America in this Declaration of Restrictions shall
constitute an impermissible disposal.
4. Declarant acknowledges that it was placed on notice that the Released Property is
located within an area of known, listed threatened and/or endangered species and/or
critical habitat, including the endangered "Coastal California Gnatcatcher" (Polioptila
ca!ifornica), protected by the Federal Endangered Species Act (16 U.S.C. Sec.
1531, et seq.). Declarant acknowledges that it has the legal obligation to satisfy the
requirements of the Endangered Species Act.
5. Declarant further covenants and agrees for itself, its successors and assigns, that:
(1) any use, operation, program or activity on or related to the Released Property will
be conducted in compliance with all Federal laws and regulations relating to
nondiscrimination, including but not limited to the following laws and regulations as
such may be amended from time to time: (a) the regulations of GSA at 41 CFR 101-
4 et. seq; 41 CFR 101-6.2 et. seq; 41 CFR 101-8.3 et. seq; and 41 CFR 101-8.7 et.
seq.: (b) Title VI of the Civil Rights Act of 1964: (c) Title Ill of the Age Discrimination
Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the
Architectural Barriers Act of 1 968; (2) this covenant shall be subject in all respects
to the provisions of said laws and regulations; (3) GSA, its successors and assigns,
will promptly take and continue to take such action as may be necessary to
effectuate this covenant; ( 4) the United States shall have the right to seek judicial
enforcement of this covenant; (5) GSA, its successors and assigns, will (a) obtain
from each other person (any legal entity) who, through contractual or other
arrangements with GSA, its successors or assigns, is authorized to provide services
or benefits on or in connection with the Released Property, a written agreement
pursuant to which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obligations as
those imposed upon GSA, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to GSA or his successor or assign; and (6) this
covenant shall run with the land , and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the Declarant and
enforceable by the Declarant against GSA, its successors and assigns.
6. Declarant, its successors and assigns, shall indemnify, defend, protect, save and
hold harmless United States, its employees, officers, attorneys, agents, and
Page 3 of 12
A-24
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1088-AF
representatives from and against any and all debts, duties, obligations, liabilities, law
suits, claims, demands, causes of action, damages, losses, costs, and expenses
(including without limitation attorneys' fees and expenses, consultant fees and
expenses, expert fees and expenses, and court costs) arising out of any claim for
personal injury or property damage (including death, illness, or loss of or damage to
real or personal property or economic loss) that relates to Declarant's failure to
comply with the terms of this Declaration of Restrictions or from the use or
occupancy of the Released Property by Declarant, its successors, assigns,
transferees, invitees, or agents.
7. GSA has the right of entry upon the Released Property for the purposes of
evaluating Declarant's compliance with the terms and conditions of this Declaration
of Restrictions.
8. In the event that there is a breach by Declarant, its successors and assigns, of any
of the covenants, conditions or restrictions set forth herein, whether caused by the
legal or other inability of Declarant, its successors and assigns, to perform said
covenants, conditions or restrictions, GSA will give written notice, with a reasonable
time stated therein, for the elimination, rectification or cure of said breach. Upon
failure to eliminate, rectify or cure said breach within the time set forth in the notice,
all right, title, and interest in and to the Released Property shall, at GSA's option,
revert to and become the property of GSA. In addition to all other remedies for such
breach, Declarant, its successors and assigns, at GSA's option, shall forfeit all right,
title, and interest in any and all of the tenements, hereditaments, and appurtenances
thereunto belonging.
9. The failure of the GSA to require in any one or more instances complete
performance of any of the conditions or covenants shall not be construed as a
waiver or relinquishment of such future performance, but obligation of the Declarant,
its successors and assigns, with respect to such future performance shall continue in
full force and effect.
1 O.ln the event GSA exercises its option to revert all right, title, and interest in the
Released Property to GSA, or Declarant voluntarily returns title to the Released
Property in lieu of a reverter, then Declarant shall provide protection to and
maintenance of the Released Property at all times until such time as the title is
actually reverted or returned to and accepted by GSA, including the period of any
notice of intent to revert. Such protection and maintenance shall, at a minimum,
conform to the standards prescribed by GSA in its regulations 41 CFR 102-75.815
as such may be amended.
Page 4 of 12
A-25
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
GSA:
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
By:
·e Haas ntracting Officer
Director, Real Property Utilization and Disposal Division
U.S. General Services Administration
DECLARANT:
CITY OF RANCHO PALOS VERDES
BY:
UH VIC, Mayor
ancho Palos Verdes, California
Page 5 of 12
A-26
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
CERTIFICATE OF ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
onDJo\u 22, Jv(tt,beforeme,Wv'(~ \; ~~'+'< ~VV/Lre
Date r Name and Title of the Officer
personally appeared ~ ~
Name ofSigner f?1
who proved to me on the basis of satisfactory evidence to be the person~ whose
name~ is/Sfe subscribed to the within instrument and acknowledged to me that
he/sh€/~ executed the same in his/.aer/ffteir authorized capacity(~, and
that by hisl1lsr/~ signature0 on the instrument the , person~, or the
entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ~-···········f
, .:_::; '+ THUYTHJ.NH TA
-· Notary Public • Cilifornia i ! Sin Francisco County i
y Commission II 2245563 -
., •• ' My Comm. Expires Jut <4, 2022
Signature of Notary Public (Notary Public Seal)
Page 6 of 12
A-27
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
CERTIFICATE OF ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
On \O l~'\j.Jo\'\
Date
)
)
, before me, ""\ef-e$4.?Yt·Mo.\fero...=-la.¥tl 0¥-a .1 l'o+rvy pJ?h(;
Name and Title of the Officer
personally appeared ____ .:::Jt~e"'""'-r;._;:0f---+----=\J=----. _V_' _,\.l'--~--=o:::....V"'-'1'--"C...._~ ________ ,
Name(s) of Signer (s)
who proved to me on the basis of satisfactory evidence to be the person~ whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same m his/b,et1thfu authorized capacity(~ and
that by his/herttheif signature~ on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. • TERESA PRIMAVERA-TAKJ>.OKA •
! ~ 1\iotary Pubhc -California ~
-; (~ Los Angeles County ~ l '-\"«1)' Commission# 2290614 J
~ ~My Com-n. Ex~ires Jun 26. 2023
(Notary Public Seal)
Page 7 of 12
A-28
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
LEGAL DESCRIPTION
CITY OF RANCHO vERDES COUNTY LOS
DESCRIBED IN 1 HE QUITCLAIM FIE CORDED DEGFM13E R
THE LAND IN THE TA>c DEED HECOHDED OCTOBEr<
BOTH Of-OFFICIAL RECOHDS. r<ECOF<DED IN THE OFFICf· 0!'
'-'""'·''"c•ccu AS FOll OVVS
CALIFORNIA BEING PORTiON OF
AS INSTRUMENT NUMBER
2010 AS INSTRUMENI NUMBER
COUNTY OF SAID COUNTY,
\NAY OF HAWTHORNE (50-cOOl HALf-WIDTH)
OF Lf,ND DESGniBED IN S/IID lAX DEED. AS SHOWN
7.5 79 OF I~ECORDS OF SURVEY, RECORDS OF SAID COUNIY
IHE EASTFFILY LINE: Of' THE LAND DESCFIIBED IN SAID TAX
SOUTH 11.'15'55' 347 05 FEET ALONG THE EASTERLY
I INE OF SAID PARCE.L li,
THENCE LEAVING SAID LINE OF Pi\RCFI II SOUTH 83"23'30 WEST 342.65 FEET. THENCE SOUTH
43'34'47' WEST 387 84 THENCE NORTH 55''06'13" iiV~S"f 208,35 FEFI TO A,N ANGL[ POINT !N THE EASTERLY
ROUNDA.RY PARCEL 4 SHOWN ON SAID HE CORD Of SURVCY Sf1ID ANGLFO POINT BEING THE NORTHEASTERLY
T Ef<MINUS OF THE COU!'tSE ElEAI'ZINC NORTH EPST WIH-l A DISTANCE OF 232.0'1 FEET ALONG THE
BOUNDARY PARCEL 4 THE FOLLOWING 9 COURSE'S
THENCE NORTH 47'05'00" WEST FEET;
THENCE NORTH 42'55'00' EAST 21501 FEET
THENCE NOPTH 47'05 O(l' \NEST 160A2 FEET
THeNCE SOUTH 42'55'00' WEST 215.01 FEET,
THENCE NORTH 4 T 05 00' 130.19 FEET.
THENCE NORTH 43''41'26' EAST 73 FEET:
THENCE NORTH 05'17'23' 110.01 FEET:
'I HENCE NORTH 84'42'37" EAS1195 01 FEET
THENCE NORTH 62':10'25' EAST 1 ·10 17 FEET TO POINT iN THE SOUTHWESTERLY RIGHI-OF-WAY OF SAID HAWTHOI<NE
BOULEVARD. BEING A CURVE CONCAVE TO NORTHEAST AND HAVING A RA.DIUS OF 550.20 A RADIAL liNE TO
SAID POINT BEARS SOUTH 31'10'08"\NF:ST-
I HENCE SOUTHEASTERLY 329 cELT f\WNG SAID CURVE AND F'<!GH ICOI--VV/W I HROUGH A CENTRAL Ai'JGLE
34"19'07" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE THE NOPTH AND HAVING A PADIUS OF 2480 22
FEET: llli':NCE NORTHEASTCRL'I 42G,94 f[[T Al ONC SAID CUHVE MID CONTINUING ALOicJ<~ S;\lrl RIGHT-OFCWAY
THROUGH A CENTRAL ANGLE OF OS'1i1 46' TO THE POINT OF BEGINNING
Dt'SCRIBEJ) OF LI>N[} CONTAINS 445.944 SQUARE FEET (9.549 ACF<ES). MORE OR UoSS
SHOWN ON EXHIBil "B" AHACHEO MADE PART li·IEREOl
SHEET I Or-1
PROPERTY DESCRII'TIObl BEEN PREPI\RED BY ME UNDER MY DIRECTION. !N CONFORMANCE WrTH
n"Jnc . .oc"v'~"-'LAND SURVEYOR'S /ICT
Page 8 of 12
A-29
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SHEET 1 OF 4
Attachment G~2
Page 9 of 12
A-30
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
EXHIBIT "B" SHEET 2 OF 4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EXISTING EASEMENTS
104 AN EASEiviENT FOR PIPE UNE PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF PA!_OS VERDES WATER
A CORPORATION, RECORDED AUGUST 1934 IN BOOK 12886, PAGE 274 OF OFFICIAL RECORDS.
THROUGHOUT CITY, NOT
liQ1] AN EASEI,~ENT FOR ROADS OR STREET AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF LOS
ANGELES, RECORDED NOVEMBER 4, 1954 AS INSTRUMENT NO. 5377 OF OFFICIAL RECORDS.
[[Q2j EASEMENTS FOR PUBLIC ROAD AND HIGHWAY
IN FAVOR OF THE COUNTY OF LOS ANGELES,
OFFICIAL RECORDS.
STORM DRAINS, SLOPES, AND INCIDENTAL PURPOSES
SEPTEMBER 19, 1963 AS INSTRUMENT NO. 551 6 OF
[j]] AN EASEMENT TO CONSTRUCT, USE, MAINTAIN, OPERATE, ALTER, ADD TO, REPLACE, RECONSTRUCT,
INSPECT AND REMOVE AT ANY AND FROM TIME TO TIME UNDERGROU"iD SUPPLY SYSTEMS
AND COMMUNICATION SYSTEMS REFERRED TO AS "SYSTEMS"), CONSISTING OF WIRES.
UNDERGROUND CONDUITS, HANOHOLES, AND INCLUDING ABOVE-GROUND
ENCLOSURES. MARKERS AND PADS AND PURPOSES IN FAVOR OF SOUTHERN CALIFORNiA
EDISON COMPANY, A CORPORATION, RECORDED APRIL 8, 1980 AS INSTRUMENT NO. 80-3:03760 OF OFFICIAL
RECORDS.
[jJJJ AN EASEMENT TO CONSTRUCT, USE, MAI!~TAIN, OPERATE, ALTER, ADD TO,
INSPECT AND REMOVE AT ANY TIME AND FROM TiME TO TIME UNDERGROUND SUPPLY
AND COMMUNICATION SYSTEMS (HEREINAFTER REFERRED TO AS "SYSTEMS"), CONSiSTING OF WIRES,
UNDERGROUND CONDUITS, CABLES, VAULTS, MANHOLES, HANDHOLES, AND INCLUDING APPURTENANT FIXTURE
AND INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION,
RECORDED FEBRUARY 14, '1984 AS INSTRUMENT NO. 84-'191644 OF OFFICIAL RECORDS.
KOM MERIDiAN, INC. -22541 ASPAN ST, STE. C -LAKE mREST, CA. 92630 -PH. (949)768-0731
Attachment G-3 .
Page 10 of 12
A-31
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
100' EXHIBIT "8"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
\
SEE SHEET 4
I
I
I
I
I
I
I
I
----------------
SHEET 3 OF 4
N00'10'08"E 515.12'-
SEE SHEET 4
KDM MERIDlAN, INC.-22541 ASP AN ST., STE. C-LAKE FOREST, CA. 92630-PH. (949)768-0731 FAX (949) 768-3731
Attachment G-4
Page11 of12
A-32
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1 088-AF
D' 50' 1 00'
.S.CA·L·E.·· t1 .=.,=:::_1:::_00:::_' EXHIBIT "8"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
/1
I
SEE SHEET 3
I
I
/
J
I
I
I
I
I
107, \ )
~I
I
I
I
I
I;
I;
/;
110.01'
N05'17'2'S'W
SHEET 4 OF 4
SEE SHEET 3
BEARING
N62'30'2S"E
S31'10'03''W (RAD)
KDM MERIDIAN, INC.-22541 AS PAN ST., STE. C-LAKE FOREST, CA. 92630-PH. (949)768-0731 FAX (949) 768-3731
Attachment G-5
Page 12 of 12
A-33
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/29/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to authorize the Mayor to sign and execute
agreements with the United States government releasing and adding deed restrictions
over the Civic Center property.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign and execute the agreements.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Doug Willmore, City Manager
APPROVED BY: Same as above
ATTACHED SUPPORTING DOCUMENTS:
A. September 3, 2019 staff report (page A -1)
B. Deed of Partial Release and Declaration of Restrictions (page B-1)
BACKGROUND AND DISCUSSION:
Earlier this year, the City received formal approval from the federal government to
transfer oversight of the Civic Center property on Hawthorne Boulevard from the
National Park Service (NPS) to the U.S. General Services Administration (GSA) on
behalf of the Department of Justice (DOJ) and the Federal Emergency Management
Agency (FEMA).
The transfer culminates a 25-year effort to lift longstanding restrictions that limit uses of
the property, a former Nike missile post that has been home to Rancho Palos Verdes
City Hall since the 1970s.
In September 2019, NPS notified the GSA that NPS had agreed to release passive
recreational covenants from 9.5 acres of the Civic Center property. GSA, acting on behalf
of the federal government and DOJ and FEMA, will replace those passive recreational
covenants with law enforcement and emergency management covenants. This change
will enable the City to add public safety uses to the Civic Center site, such as a fire
B-1
station, Sheriff’s Department substation, an upgraded helipad and a state-of-the-art
emergency operations center.
A map showing the property area can be found in the September 3, 2019 staff report
that accompanied an update to the City Council (Attachment A).
The agreement before the council tonight (Attachment B) will release and replace these
restrictions. By entering the agreement, the City agrees to ensure the 9.5-acre portion of
the Civic Center site will be used solely for law enforcement and emergency
management response purposes in perpetuity.
Staff therefore recommends the City Council authorize the Mayor to sign the partial deed
release and declaration of restrictions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not authorize the Mayor to sign the agreements.
B-2
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/03/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Receive and file a land use update regarding the Civic Center property
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a land use update regarding the Civic Center property
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager
ATTACHMENTS:
A) Map of area under the Department of Justice and the Federal Emergency
Management Agency (page A-1)
BACKGROUND AND DISCUSSION:
Since the Civic Center property was acquired from the federal government as part of the
National Park Service's (NPS) Federal Lands to Parks Program, it has been under
oversight of the NPS and significant conservation easements have been in place on
part of the property, thus limiting the uses of the property. At the Council’s direction,
Staff has been addressing these limitations with the federal government.
Attachment A shows the Civic Center property. The area in yellow is restricted to
“general government use.” The area in red has been restricted to “passive recreational
use.”
Over the past 25 years, the City reached out to the NPS numerous instances attempting
to lift the existing deed restrictions on the red outlined area, but to no avail. Due to the
public safety priorities of the City Council, the City requested the NPS allow the
placement of public safety facilities, such as a fire station, Sheriff’s Department
substation, updated helipad, and emergency operations center, on the Civic Center
property. Though the City fully believes these were allowable as supporting amenities to
the open space area in the event of a fire or major disaster , and because the area is a
B-3
gravel parking lot and existing helipad — meaning no recreational value would be lost —
NPS refused to qualify these as such. Staff was directed by the City Council to
concurrently pursue legislative and administrative options.
Councilwoman Brooks and Mayor Pro Tem John Cruikshank served on the Civic Center
subcommittee, and Mayor Duhovic, Councilwoman Brooks and City Manager Willmore
attended a number of meetings with Congressional representatives, and members of
different agencies in Washington, D.C. to discuss the deed restrictions on the property
and potential uses in depth. City Manager Willmore made eight separate trips to
Washington, D.C. over the past two years to continue work on this issue. Based on the
recommended direction of Ralph Conner of the General Services Administration (GSA),
and Dan Smith, Acting Director of the NPS, staff filed paperwork with the GSA to
convey the oversight of the property to the Department of Justice (DOJ) and the Federal
Emergency Management Agency (FEMA) for public safety uses.
Rancho Palos Verdes has now received formal approval from all agencies involved —
GSA, DOJ, FEMA and NPS — to transfer oversight of the subject property from NPS to
DOJ and FEMA (with GSA acting as their agent). Thus, the allowed use of the property
has changed from passive recreation to public safety uses. Again, attachment A shows
the area with general government use restrictions in yellow, and the area that is
reverting to DOJ, FEMA, and GSA oversight for public safety use outlined in red. This
additional 9.48 acres would allow for much needed public safety improvements and
facilities.
GSA has informed the City that it expects the new deeds to be recorded within the next
several weeks.
It is important to acknowledge the entire City Council, and especially Councilwoman
Brooks, for its commitment and tireless work on this initiative. Also, Tim Stewart of
American Capitol Group, Los Angeles County Supervisor Janice Hahn and her Chief of
Staff Nick Ippolito, Senator Dianne Feinstein and her staff, Rep. Ted Lieu and his staff,
Rep. Rob Bishop, the House Committee on Natural Resources staff, Ralph Conner of
the GSA, NPS Acting Director Dan Smith, Elena Gerli of Aleshire & Wynder, and all City
staff who worked tirelessly on this project, but especially Gabriella Yap and Kit Fox.
B-4
03/13/19
City of Rancho Palos Verdes: Proposed Boundaries
0.045 Miles
¯Id
Total = 17.27 AC
Proposed Civic Center Boundary = 9.48 AC
Exisiting Civic Center Boundary = 7.79 AC
B-5
Recording requested by:
When recorded mail to:
______________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
9.549 Acres in Nike 55, Point Vicente
GSA Control No. 9-D-CA-1088-AF
DEED OF PARTIAL RELEASE
This Deed of Release (this “Release”) is from THE UNITED STATES OF AMERICA, acting by and
through the undersigned Regional Director, Pacific West Region, National Park Service, under and pursuant
to the power and authority contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), as amended (the “Act”), and regulations and orders promulgated thereunder
(hereinafter designated "Grantor"), to the City of Rancho Palos Verdes, a municipal corporation existing
under the laws of the State of California (“Grantee”), and its assigns.
Recitals:
A. On October 30, 1979, Grantor conveyed to Grantee, pursuant to authority delegated by the
Secretary of the U.S. Department of the Interior, and as authorized by the Act and regulations and orders
promulgated thereunder, 75.53 acres of real property, more or less, located in Rancho Palos Verdes,
California (the “Park Property”), as more fully described in the Quitclaim Deed dated October 30, 1979,
and recorded in the Official Records of Los Angeles County, California on December 6, 1979 as Instrument
No.79-1370945 (the “Quitclaim Deed”). The Quitclaim Deed corrected errors in the legal description and
acreage figures contained in the original quitclaim deed for the Park Property which was executed on
August 25, 1978 and recorded in the Official Records of Los Angeles County, California on September 27,
1978 as Instrument No. 78-1074154.
B. The Park Property was conveyed to Grantee upon the express condition that the Park Property was
to be used exclusively for public park and recreational purposes and certain restrictions were expressly set
forth as paragraphs 1 through 8 of the Quitclaim Deed (collectively, the “Restrictions”).
C. Subsequent to the said conveyance of Park Property, Grantee determined it no longer needs all of
the Park Property for park and recreation area purposes, and sought to utilize a portion of the Park Property,
consisting of a tract of approximately 9.549 acres, as more fully described on Exhibits A and B attached
hereto and made a part hereof (the “Released Property”), for law enforcement and emergency services
purposes.
D. The Grantee has requested that the Released Property be released from public park and recreation
area covenants, and that it be made subject to the covenants of the Law Enforcement public benefit
conveyance program administered by the Department of Justice, and the Emergency Management Response
public benefit conveyance program administered by the Federal Emergency Management Agency.
B-6
E. The Grantee has applied to the Department of Justice and the Federal Emergency Management
Agency for transfer of the Released Property to their public benefit conveyance programs, and both agencies
have accepted Grantee’s applications.
F. The General Services Administration has advised the National Park Service by letter dated
September 20, 2019, that it concurs with releasing all Restrictions set forth in the Quitclaim Deed placed
upon the Released Property for public park and recreational purposes and for the replacement of those
restrictive covenants on the Released Property with those of the law enforcement and emergency
management program restrictive covenants.
G. This Deed of Release has no effect on the remainder of the Park Property not included with the
Released Property (the “Unaffected Park Property”).
NOW, THEREFORE, the said Regional Director, acting on behalf of the United States of America,
does hereby release the Released Property from Restrictions 1-8 placed upon it in the Quitclaim Deed,
including, without limitation, the requirement that the Released Property be used exclusively for public park
and recreational purposes. This Release does not affect, and the Released Property remains subject to, all
legal easements, leases, agreements, rights-of-way, and other restrictions.
In consideration of the release of the Released Property from the Restrictions, Grantee has on this
same day entered into a Declaration of Restrictions with the United States of America, acting by and
through the General Services Administration, whereby Grantee will pledge certain rights and interests in the
Released Property to the United States of America, acting by and through the General Services
Administration. The form of the Declaration of Restrictions is attached as EXHIBIT C to this Release.
This Release does not affect the Unaffected Park Property, and the covenants and restrictions of the
Quitclaim Deed remain unmodified and in full force and effect with respect to the Unaffected Park Property.
---------------------------------------- Remainder of page intentionally left blank --------------------------------------
B-7
IN WITNESS WHEREOF, the Grantor has caused this Deed or Release to be executed in its name
and on its behalf on this the ________ day of _____________________, 2019.
UNITED STATES OF AMERICA
Acting by and through the Secretary of the Interior
By: ________________________________
Stan Austin
Regional Director, Pacific West Region
National Park Service
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of San Francisco )
On before me, ______________________________________,
personally appeared ___________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
___________________________________ SEAL:
(Signature of Notary Public)
B-8
The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume
and be bound by all the obligations, conditions, covenants and agreements therein contained.
City of Rancho Palos Verdes, __________
By
Date
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of _______________ )
On before me, ______________________________________,
personally appeared ___________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
___________________________________ SEAL:
(Signature of Notary Public)
B-9
EXHIBIT A
Released Property
B-10
B-11
B-12
B-13
B-14
EXHIBIT C
Form of the Declaration of Restrictions
Recording requested by and
when recorded mail to:
City Clerk
City of Rancho Palos Verdes
Address
City, Zip
No Fee Recording Pursuant to
Government Code Section _________
___________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this ____ day of ____, 2019 by the
CITY OF RANCHO PALOS VERDES, a municipal corporation existing under the laws
of State of California acting by and through the City Council of the City of Rancho Palos
Verdes (“Declarant”) and the UNITED STATES OF AMERICA acting by and through the
General Services of Administration (“GSA”) under and pursuant to the powers and
authority contained in Title 40, U.S. Code§ 553 (b).
Recitals:
A. On October 30th, 1979 the Secretary of the U.S. Department of the Interior
(“DOI”), and as authorized by the Federal Property and Administrative Services Act of
1949 and regulations and orders promulgated thereunder, conveyed to Declarant 75.53
acres of real property, more or less, located in Rancho Palos Verdes, California (the
“Property”), as more fully described in a quitclaim deed recorded in the Official Records
of Los Angeles County, California on December 6, 1979 as Instrument No.79-1370945
(the “Quitclaim Deed”). The Quitclaim Deed corrected errors in the legal description
and acreage figures contained in the original quitclaim deed for the Property recorded in
the Official Records of Los Angeles County, California on September 27, 1978 as
Instrument No. 78-1074154.
B. The Property was conveyed and accepted by Declarant upon the express
condition that the Property was to be used exclusively for public park and recreational
purposes pursuant to certain restrictions set forth in paragraphs 1 through 8 of the
Quitclaim Deed (collectively, the “Park Restrictions”).
C. Declarant has determined it no longer needs all of the Property for park and
B-15
recreation area purposes, and desires to utilize a portion of the Property, consisting of
approximately 9.549 acres, as more fully described on Exhibits A and B attached hereto
and made a part hereof (the “Released Property”), for law enforcement and emergency
management response purposes.
D. On April 10th, 2019, Declarant submitted an application including Program of
Utilization and plan (“April 2019 Application”) to the Department of Just ice and the
Federal Emergency Management Agency for transfer of the Released Property to their
public benefit conveyance programs, and both agencies have accepted and approved
Declarant’s April 2019 Application.
E. GSA has advised DOI by letter dated September 20th, 2019, that it concurs with
releasing all Park Restrictions placed upon the Released Property in exchange for
subjecting the Released Property to restrictions for law enforcement and emergency
management response purposes.
F. Declarant has agreed to impose on the Property, in exchange for the release of
the Park Restrictions from the Released Property, restrictive covenants to ensure that
the Released Property will be used solely for law enforcement and emergency
management response purposes in perpetuity.
NOW THEREFORE, in consideration of the mutual agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Declarant does hereby declare, covenant, and agree, for itself a nd its
successors and assigns, that the Released Property shall hereafter and perpetually be
held and conveyed subject to the following conditions and restrictions:
1. Subject to the requirement to provide public parking and trailhead access as more
particularly set forth in Paragraph 2 below, the Released Property shall be used and
maintained exclusively for law enforcement and emergency management response
purposes in perpetuity as set forth in the April 2019 Application, as may be amended
from time to time at the written request of either Declarant or GSA, with the written
concurrence of the other party, and such amendments will be added to and become
a part of the original application.
2. Declarant shall continue to provide public parking and trailhead access from the
Released Property to the adjoining Upper Point Vicente Park in perpetuity as stated
in the Program of Utilization for the Upper Point Vicente Park dated March 1st, 1976,
as amended by the proposal concurred with by NPS on September 14, 2014, and as
amended by the amendment as stated by NPS in its approval dated August 9, 2019 .
3. The Released Property shall not be sold, leased, assigned or otherwise disposed of
except to another eligible governmental agency that GSA approves in writing. Any
such disposition shall assure the continued use and maintenance of the Released
Property for law enforcement and emergency management response purposes
B-16
subject to the same terms and conditions in this Declaration of Restrictions. Any
mortgage, lien, bond, or any other encumbrance not wholly subordinate to the
interest of the United States of America in this Declaration of Restrictions shall
constitute an impermissible disposal.
4. Declarant acknowledges that it was placed on notice that the Released Property is
located within an area of known, listed threatened and/or endangered species and/or
critical habitat, including the endangered "Coastal California Gnatcatcher" (Polioptila
californica), protected by the Federal Endangered Species Act (16 U.S.C. Sec.
1531, et seq.). Declarant acknowledges that it has the legal obligation to satisfy the
requirements of the Endangered Species Act.
5. Declarant further covenants and agrees for itself, its successors and assigns, that:
(1) any use, operation, program or activity on or related to the Released Property will
be conducted in compliance with all Federal laws and regulations relating to
nondiscrimination, including but not limited to the following laws and regulations as
such may be amended from time to time: (a) the regulations of GSA at 41 CFR 101-
4 et. seq; 41 CFR 101-6.2 et. seq; 41 CFR 101-8.3 et. seq; and 41 CFR 101-8.7 et.
seq.: (b) Title VI of the Civil Rights Act of 1964: (c) Title III of the Age Discrimination
Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the
Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects
to the provisions of said laws and regulations; (3) GSA, its successors and assigns,
will promptly take and continue to take such action as may be necessary to
effectuate this covenant; (4) the United States shall have the right to seek judicial
enforcement of this covenant; (5) GSA, its successors and assigns, will (a) obtain
from each other person (any legal entity) who, through contractual or other
arrangements with GSA, its successors or assigns, is authorized to provide services
or benefits on or in connection with the Released Property, a written agreement
pursuant to which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obligations as
those imposed upon GSA, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to GSA or his successor or assign; and (6) this
covenant shall run with the land , and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the Declarant and
enforceable by the Declarant against GSA, its successors and assigns.
6. Declarant, its successors and assigns, shall indemnify, defend, protect, save and
hold harmless United States, its employees, officers, attorneys, agents, and
representatives from and against any and all debts, duties, obligations, liabilities, law
suits, claims, demands, causes of action, damages, losses, costs, and expenses
(including without limitation attorneys’ fees and expenses, consultant fees and
expenses, expert fees and expenses, and court costs) arising out of any claim for
personal injury or property damage (including death, illness, or loss of or damage to
real or personal property or economic loss) that relates to Declarant's failure to
comply with the terms of this Declaration of Restrictions or from the use or
occupancy of the Released Property by Declarant, its successors, assigns,
B-17
transferees, invitees, or agents.
7. GSA has the right of entry upon the Released Property for the purposes of
evaluating Declarant’s compliance with the terms and conditions of this Declaration
of Restrictions.
8. In the event that there is a breach by Declarant, its successors and assigns, of any
of the covenants, conditions or restrictions set forth herein, whether caused by the
legal or other inability of Declarant, its successors and assigns, to perform said
covenants, conditions or restrictions, GSA will give written notice, with a reasonable
time stated therein, for the elimination, rectification or cure of said breach. Upon
failure to eliminate, rectify or cure said breach within the time set forth in the notice,
all right, title, and interest in and to the Released Property shall, at GSA’s option,
revert to and become the property of GSA. In addition to all other remedies for such
breach, Declarant, its successors and assigns, at GSA’s option, shall forfeit all right,
title, and interest in any and all of the tenements, hereditaments, and appurtenances
thereunto belonging.
9. The failure of the GSA to require in any one or more instances complete
performance of any of the conditions or covenants shall not be construed as a
waiver or relinquishment of such future performance, but obligation of the Declarant,
its successors and assigns, with respect to such future performance shall continue in
full force and effect.
10. In the event GSA exercises its option to revert all right, title, and interest in the
Released Property to GSA, or Declarant voluntarily returns title to the Released
Property in lieu of a reverter, then Declarant shall provide protection to and
maintenance of the Released Property at all times until such time as the title is actually
reverted or returned to and accepted by GSA, including the period of any notice of
intent to revert. Such protection and maintenance shall, at a minimum, conform to the
standards prescribed by GSA in its regulations 41 CFR 102 -75.815 as such may be
amended.
B-18
GSA:
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
By: __________________________
David Haase, Contracting Officer
Director, Real Property Utilization and Disposal Division
U.S. General Services Administration
DECLARANT:
CITY OF RANCHO PALOS VERDES
BY: _________________________
JERRY DUHOVIC, Mayor
City of Rancho Palos Verdes, California
B-19
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of )
On ___________________, before me, _________________________________________,
Date Name and Title of the Officer
personally appeared ______________________________________________________,
Name(s) of Signer (s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
Signature of Notary Public (Notary Public Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
B-20
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of )
On ___________________, before me, _________________________________________,
Date Name and Title of the Officer
personally appeared ______________________________________________________,
Name(s) of Signer (s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califor nia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
Signature of Notary Public (Notary Public Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
B-21
B-22
B-23
B-24
B-25
B-26