CC RES 2020-010 RESOLUTION NO. 2020-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, APPROVING AN AMENDMENT TO FEE
TITLE DEDICATION FOR THE PROPERTY PREVIOUSLY CONVEYED
TO THE CITY PURSUANT TO THAT CERTAIN CERTIFICATE OF
ACCEPTANCE (IRREVOCABLE OFFER TO DEDICATE FEE TITLE),
WHICH WAS RECORDED IN THE OFFICIAL RECORDS OF LOS
ANGELES COUNTY ON NOVEMBER 6, 2018 AS INSTRUMENT NO.
20181122132, IN ORDER TO CORRECTLY REFLECT THE
BOUNDARIES OF THE PROPERTY.
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos Verdes
(the "City") adopted Resolution No. 92-53, certifying Environmental Impact Report ("EIR")
No. 36, and adopted Resolution Nos. 92-54, 92-55, 92-56, 92-57, approving Vesting
Tentative Tract Map ("VTTM") Nos. 50666 and 50667, and Conditional Use Permit Nos.
162 and 163 (the "CUPs"), and the Coastal Commission adopted Coastal Development
Permit No. 103 (the "CDP") for a Residential Planned Development, an 18-hole public
golf course, and public open space on an approximately 261.4 acre property located in
the City (the "Property") for what is now known as the Trump National Golf Club Project
(the "Project"), and now owned by VH Property Corp. and VHPS, LLC (collectively, the
"Developer"), who each succeeded to the interest of the prior developer and owner of the
Property, Ocean Trails, L.P. (the "Original Developer"); and,
WHEREAS, one of the conditions to the development of the Project under the
Conditions of Approval of the CUPs and the CDP, was that the Original Developer was
obligated to execute and record an irrevocable offer of dedication to the City of certain
parcels of land located on the Property for public open space and park areas; and,
WHEREAS, Original Developer made such irrevocable offer of dedication to the
City, pursuant to a document entitled Irrevocable Offer to Dedicate Fee Title, which was
recorded in the Official Records of Los Angeles County ("Official Records") on December
19, 1997 (the "Original OTD") which consisted of a fee simple interest in certain portions
of the Property for the purpose of parks, public access, recreational use, habitat
enhancement, public parking, street purposes, and similar purposes (the "Dedicated
Property"); and,
WHEREAS, the Original OTD was subsequently amended pursuant to that certain
Amended and Restated Irrevocable Offer to Dedicate Fee Title, recorded in the Official
Records on October 17, 2000 and that certain Amendment to Documents, recorded in
the Official Records on October 23, 2000 (as so amended, the "OTD"); and
WHERAS, on August 21, 2018, the City Council adopted Resolution No. 2018-57
111 approving a Certificate of Acceptance for the Dedicated Property under the OTD (the
"COA"), which COA was recorded in November 6, 2018, thereby effectuating the transfer
of the Dedicated Property to the City; and,
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WHEREAS, following the recordation of the COA, the title company and County
Assessor's Office ("Assessor") determined that the property description and depictions
contained in the OTD were unclear and appeared to contain possible discrepancies with
the actual boundaries of the property that was supposed to be conveyed to the City as
shown in the Final VTTM No. 50667 and VTTM No. 50666 for the Trump National Golf
Course, and therefore, the title company, with the advice from the Assessor, was unwilling
to provide a Subdivision Report which is necessary for the Developer to record the Final
Map for VTTM No. 50666; and,
WHEREAS, the City Attorney's office has worked with the City Engineer, Coastal
Commission, Developer, title company, and the Assessor, to resolve the clerical errors
by preparing the attached Amendment to Fee Title Dedication (the "Amendment"), which
provides for actual legal descriptions and a more precise depiction of the Dedicated
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Property, which has been informally approved by Coastal Commission staff, the title
company, and the Assessor; and,
WHEREAS, the proposed Amendment is attached as Exhibit "A", which includes
the following attachments: (i) the COA, and (ii) a precise depiction of the Dedicated
Property and legal descriptions of the Dedicated Property; and,
WHEREAS, the Developer, as the owner of the Property is also required to
execute and record the Amendment; and,
WHEREAS, following the approval of this Resolution, pursuant to the conditions 111
under the CDP, the Coastal Commission will formally consider this matter and is required
to acknowledge and approve of the Amendment pursuant to the Acknowledgment
attached to the Amendment; and,
WHEREAS, the City Council desires to approve the Amendment for the public
purposes stated therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct and are hereby incorporated
into this Resolution as set forth herein.
Section 2: The City Council hereby accepts and approves of the Amendment and
agrees that the COA and OTD shall be amended pursuant to the Amendment to revise
and more particularly define the specific Dedicated Property that was required to be
transferred to the City pursuant to the CUP and CDP.
Section 3: The City Clerk is hereby authorized and directed to cause this
acceptance to be recorded on behalf of the City in the Official Records, and to certify the
adoption of this Resolution. The Mayor, City Manager, and City Clerk are hereby
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authorized and directed to execute any and all other documents as may be necessary to
effect the recordation and enforcement of this acceptance, including, executing any and
all other documents necessary to effectuate the recordation of the Amendment and/or the
transfer of the Dedicated Property to the City (pursuant to a Certificate of Acceptance or
such other required instrument, as may be applicable).
PASSED, APPROVED, and ADOPTED this 17th day of March 2020.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 2020-10, was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 17, 2020..
City Clerk
Resolution No. 2020-10
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