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Poppy Trail Roadway Easement• This page is part of your document - DO NOT DISCARD Km) JUL 1 s 2C107 CITY OF ROLLING HILLS By TITLE(S) : 111:- 20071303117 111 1 11 YIIIII VII liii I II Recorded/Filed n Offic al Records Recorder's Office, Los Angeles County, California 05/30/07 AT 09:22AM Pages: 010 Fee: 0.00 Tax: 0.00 Other: 0.00 Total: 0.00 727677 200705300210031 Mail 11 L E A D i Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown E42u32' THIS FORM IS NOT TO BE DUPLICATED • Ci0/1,9 j KO 1 • WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER 05/30/07 1011,1t111111111:1111111[1.!11111111; ; I' „1 I,� ,I;l Ir;1 II I i 11 i1 ►� ► '! 1 ►, ►� i1 'i I�I� i i► �i !; 20071303117 N'h ♦ (Space Above this Line for Recorder's Use) Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of March 12 , 2007, by and between the City of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. Page 1 of 5 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" and further depicted on Exhibit "B" attached hereto and incorporated herein by reference. 1.2 roadway. Grantee shall be solely responsible for all costs related to maintenance of the 1.3 Grantor shall, not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original- and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United_ States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager Page 2 of 5 With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: 3)13 )07 ATTEST: By: ity of Iling Hills, City Clerk B. Allen Lay, Mayor Page 3 of 5 APPROVED AS TO FORM: "GRANTEE" ATTEST: APPROVED AS TO FORM: By: Rol,ing Hills Community Association of Rancho Palos Verdes, President Page 4 of 5 State of CAL-it0 t I A - County of Los A G� GEES On M c 4- , before me, k.auSTEFJ 12-Pst G A- NV -snarl -Po by c� (Insert Name of Notary Public and Title) personally appeared '. PAW, — '/ personally known to me (or proved to me 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.. WITNESS my hand and official seal. f.O Signature KRISTEN RAIG Comm. # 1507517 NOTARY PUBLIC -CALIFORNIA LA, LOS ANGELES COUNTY 7.7.1. My Comm. Expires AUGUST 20, 2008 ackpara (12/05) State of C Aut eS\kt County. of L Oc ' P\t6CLE-S } } } On Nth i1- 20 ± before me, V....m-te4 Reoci Pr kbair( 1b1t'C_ (Insert Name of Notary Public and Title) personally appeared personally known to me (or proved to me 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. WITNESS my hand and official seal. KRISTEN RAIG Comm. # 1507517 NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY Li My Comm. Expires AUGUST 20, 2008 ackpara (12/05) Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92. feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • curve concave •to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 3207.1 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 2 71 ? �� �, Date page 2 of 2 LOT 90 ROLLING HILLS TRACT, M.B. 201 PGS. 29-35 ey TRU B N41'0 1 9Z5 W z 04'00'00.E 68.36' CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT 15.00' • CITY LOT LOT 2 OF TRACT 32071. ILB. 848. POS. 58-57 POINT OF BEGINNING • Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' ® N 28'27'59" E 190.14' O N 0415'36" W 43.12' © N 26'08'22" W 20.69' O N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42'27'20" 89.92' 66.63' 34.93' 0 13°24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' 32'43'35" 110.31' 63.01' 32.39' C 0716'58" 100.00' 12.71' 6.36' ij 14'35'48" 330.66' 84.24' 42.35' 13'16'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' 1" = 100' 50TH ANNIVERSARY 1957 - 2007 • f 1114 0 Ulna INCORPORATED JANUARY 24, 1957 MEMORANDUM OF TRANSMITTAL TO: County of Los Angeles Registrar-Recorder/County Clerk Document Analysis and Recording Section 12400 E. Imperial Highway Norwalk, CA 90650 DOCUMENT(S): NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 DATE: March 13, 2007 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES. FROM: Marilyn Kern Deputy City Clerk Transmittal - grant Painted on Recycled Paper • • WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER ♦ (Space Above this Line for Recorder's Use) Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of March 12 , 2007, by and between the City of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. C&-ipL), 46, Page 1 of 5 • • AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,. Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 1.2 roadway. Grantee shall be solely responsible for all costs related to maintenance of the 1.3 Grantor shall not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager Page 2 of 5 • • With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: .3j/ 3 /0-7 , B. Allen Lay, Mayor ATTEST: By: ity of, tilling Hills, City Clerk Page 3 of 5 • APPROVED AS TO FORM: "GRANTEE" Rol,ing Hills Community Association of Rancho Palos Verdes, President ATTEST: By: APPROVED AS TO FORM: Page 4 of 5 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES On v\ - -. 3 ,2007 , before me, \(__r6)-ext , personally appeared +. (.,a , personally known to me (or proed to. me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. «/ IV Public STATE OF CALIFORNIA )ss. COUNTY OF LOS ANGELES 000z'oz LsnenV s•nch3'u+WOG Art AJ.Nf OO S3'13ONY SOl VINNO4I'1VO • oi'lilnd AIIVl0N Lt9Ltl9L #' J OIVt! N�1Sl�)1 ; �"� tea...+.` __s On {-\c r1 , 2007, before me, K. , personally appeared L.c \ , personal c -nevi -to -me (of proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public \) 7-c KRISTEN RAIL _ :. - (; Comm. # 1507517 Kt,�_Ij NOTARY PUBLIC. CALIFORNIA .A * LOS ANGELES COUNTY ^°1,." My Cam. Expires AUGUST 20.200E Page 5 of 5 Exhibit A • Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius .of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4°00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 t _3 . Date page 2 of 2 LOT 90 ROLLING HILLS TRACT. M.B, 201 PGS. 29-35 TRU B N41'0 25 04'00'00°E 68.36' CENTERUNE OF 30' WOE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) / 15.00' X / / / CITY LOT LOT 2 OF TRACT 32071. U.B. 848 PGs 56-57 POINT OF BEGINNING / S Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' ® N 2827'59" E 190.14' O N 0415'36" W 43.12' © N 26'08'22" W 20.69' 0 N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42'27'20" 89.92' 66.63' 34.93' © 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' O 32'43'35" 110.31' 63.01' 32.39' 0 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' OG 13'16'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' 1" = 100' • • PS,T/fs Click -N -Ship® ERVICE,,, U.S. POSTAGE REQUIRED USPS PRIORITY MAIL® EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 II.I..II....II...I.I.II II.... ��ILJ�,iii,..II...I.I..I Z P - 420 e/ 90650 USPS SIGNATURE 9121 0385 CONFIRMATIONTM 5574 9127 0456 88 Electronic Rate Approved #038555749 50TH ANNIVERSARY 1957 - 2007 TO: FROM: SUBJECT: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No.: 3-E Mtg. Date: 03-12-07 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ANTON DAHLERBRUCH, CITY MANAGER APPROVAL OF THE CITY OF ROLLING HILLS OF AN EASEMENT FOR PRIVATE ROADWAY PURPOSES (POPPY TRAIL ROAD) TO THE ROLLING HILLS COMMUNITY ASSOCIATION; AUTHORIZE THE MAYOR TO EXECUTE AND RECORD DATE: MARCH 12, 2007 Approval of the City of Rolling Hills to execute and record a grant of an easement for Poppy Trail Road for private roadway purposes to the Rolling Hills Community Association. RECOMMENDATION It is recommended that the City Council approve the attached easement granting Poppy Trail Road for private roadway purposes to the Rolling Hills Community Association, authorize the Mayor to execute the easement and direct staff to record the easement. BACKGROUND Following the closure of Poppy Trail Road due to the 2004 landslide, with the City's permission and cooperation, the Rolling Hills Community Association constructed a new road on City property. As the City does not own or maintain streets in the City, it would be appropriate for the City to formalize the arrangement by conveying an easement to the Association for the operation of the road as a private roadway. The residents on Poppy Trail Road were provided an opportunity to accept the easement along with the Association, but through their legal counsel have declined. DISCUSSION On March 1, 2007, the Rolling Hills Community Association Board considered the easement document prepared by the City Attorney and with two minor alterations, both acceptable to the City Attorney, approved the easement in the form attached. Printed on Recycled Paper Upon approval by the City Council, the easement will be recorded with the County of Los Angeles. FISCAL IMPACT The City will stripe the road as it does other private roads in the City. There is no other fiscal impact associated with this action. AD/ 03-12-07pt-sta.doc WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER _(Space Above this Line for Recorder's Use) _ Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of , 2007, by and between the City of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: • • 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 1.2 roadway. Grantee shall be solely responsible for all costs related to maintenance of the 1.3 Grantor shall not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: B. Alien Lay, Mayor ATTEST: By: City of Rolling Hills, City Clerk APPROVED AS TO FORM: • • APPROVED AS TO FORM: By: City Attorney "GRANTEE" ATTEST: APPROVED AS TO FORM: By: By: Rol ing Hills Community Association of Rancho Palos Verdes, President Page 4 of 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. On ,2007, before me, , 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 on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss. On 1-i`,i,- io . , 2007, before me, K% %'=-t ;rats , , personally appeared t_:.-i;ti_. -, c- —v--1 , personally-kknown to me (of 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 on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • Notary Public KRISTEN RAIG S :f y� Comm. # 1507517 3 �' NOTARY PUBLIC -CALIFORNIA , r LOS ANGELES COUNTY MY Comm. Expkes AUGUST 20.200E Page 5 of 5 Exhibit A • Description of Temporary, Emergency Road Easement For . Poppy Trail (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. f f %1 /�A ! .�/r ` 1 Ross N. Bolton, RCE 26120 j Z 7, Date page 2 of 2 04'00'00'E 68.36' N41'0 1 • LOT 90 ROLLING HILLS TRACT. M.B. 201 PGS. 29-35 TRU B '00-E .10' 2S. 41 z CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT CITY LOT 15.00' LOT 2 OF TRACT 32071, 11.8. 848 PGS. 58-57 / POINT OF BEGINNING • Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' ® N 2827'59" E 190.14' O N 0415'36" W 43.12' © N 26'08'22" W 20.69' 0 N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42'27'20" 89.92' 66.63' 34.93' © 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0' 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' © 13'16'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' 1" = 100' • city l?1?,.a JM� • INCORPORATED JANUARY 24, 1957 July 11, 2006 Gary Fountain Los Angeles County Regional Planning Room 1382 320 West Temple Street Los Angeles, CA 90012 SUBJECT: Dear Mr. Fountain: Request of review of legal description NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Please review the enclosed legal description for the City of Rolling Hills. It is a roadway easement to the Rolling Hills Community Association over a City property. This road was recently constructed, as an emergency access to properties along Poppy Trail,. A landslide that occurred in March 2005 blocked the previous road, which was located above this new emergency road. The City's lot has an APN # 7567-001-901. Please bill the City as appropriate. Should you have any questions, please call me at (310) 377-1521. Thank you very much. Sincerely ( 7/2 Yplanta Schwartz Planning Director Printed on Recycled Paper, Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N. 7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 J '__) 2 71 Date page 2 of 2 LOT 90 ROLLING HILLS TRACT, M.B. 201 PGS. 29-35 TRU N41.3 '00°E 1 .10' 5 1a1 z 04'00'OO'E 68.36' CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT 15.00' / CITY LOT LOT 2 OF TRACT 32071, U.B. 848 POS. 58-57 OINT OF BEGINNING Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' ® N 28'27'59" E 190.14' © N 0415'36" W 43.12' © N 26'08'22" W 20.69' O N 1018'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42°27'20" 89.92' 66.63' 34.93' © 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' 0 1316'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' " = 100' Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly comer of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 J � 2;71 ©<=3 Date page 2 of 2 LOT 90 ROLLING HILLS TRACT. M.B. 201 POS. 29-35 TRU B N41'0 1 2 z -N04'00'00•E 68.36' CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) art LOT 15.00' CITY LOT LOT 2 OF TRACT 32071. ILB. 848 POS. 513-57 OINT OF BEGINNING Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79°26'55" E 89.92' O N 31'54'15" E 25.59' O N 1829'50" E 22.69' 0 N 28'27'59" E 190.14' O N 0415'36" W 43.12' 0 N 26°08'22" W 20.69' O N 10'18'27" W 61.67' • CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42°27'20" 89.92' 66.63' 34.93' 0 1324'25" 99.98' 23.40' 11.75' 0 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 0716'58" 100.00' 12.71' 6.36' 14'35'48" 330.66' 84.24' 42.35' 0 1316'17" 577.97' 133.87' 67.24' 0 29°06'12" 50.00' 25.40' 12.98' = 100' WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER ♦ (Space Above this Line for Recorder's Use Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of March 12 , 2007, by and between the City of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of . Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. Page 1 of 5 • • AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" and further depicted on Exhibit "B" attached hereto and incorporated herein by reference. 1.2 roadway. Grantee shall be solely responsible for all costs related to maintenance of the 1.3 Grantor shall not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager Page 2 of 5 With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES .OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: ,3113 /U-7 ATTEST: ity of ling Hills, City Clerk ,1'"? B. Allen Lay, Mayor Page 3 of 5 • • APPROVED AS TO FORM: B "GRANTEE" By: ATTEST: APPROVED AS TO FORM: Rol,ing Hills Community Association of Rancho Palos Verdes, President )j)Lj •()(,Q/) cv?t1 State of Ct&►.t Rolf I Pr County of LoS pim6-1CL,Ec } } } On F -A j i+ C6 r .3-C -53 before me, Y.S(ASre J IZRIG IN- NLYrgr-t Pib)l` ( . (Insert Name of Notary Public and Title) personally appeared -. '\\E 4 L -( personally known to me (or proved to me 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. WITNESS my hand and official seal. Signature KRISTEN RAIG - ��, Comm. # 1507517 Z , r, +�R__ NOTARY PUBLIC -CALIFORNIA �, S .i - / LOS ANGELES COUNTY �. 'm: � My Comm. Fxp AUGUST 20, 2008 it ackpara (12/05) • • State of C.% t AF, t 1'v County of l .pS Yht EC l (=TS } } } On J t5c .r,t+ , -2-0071- before me, K Q cTE-1 L 1 Ca , N 1ctr/ (Insert Name of Notary Public and Title) personally appeared personally known to me (or proved to me 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. WITNESS my hand and official seal. Signatur •'` KRISTEN RAIL ' Comm. # 1507517 ='l_ NOTARYPUB i LOS ANGELES COUNTYLIC-CALIFORNIA j My Conn. Expires AUGUST 20, 2008 ackpara (12/05) Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over -A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, saki point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17A0 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 7 c C� Date �OFESSIO� \�`�05S N. BO�r ��'y\ ,, i, 26120 EXP. 3/31/ page 2 of 2 LOT 90 ROLLING HILLS TRACT, M.B. 201 PGS. 29-35 TRU B N41'0 1 .10' --N042"0600"E 68.36' CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) 15.00' CITY LOT • Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15".E 25.59' O N 18'29'50" E 22.69' ® N 28'27'59" E 190.14' O N 04'15'36" • W 43.12' 0 N 26'08'22" W 20.69' 0% N 10'18'27" W 61.67' LOT 2 OF TRACT 32071. 11.B. 8-48 PCS. 58-57 / POINT OF BEGINNING CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT ® 42'27'20" 89.92' 66.63' 34.93' 0 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' OG 13'16'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' " = 100' COUNTY OF LOS ALES REGISTRAR-RECORDERICOUNTY CLERK P.O. BOX 53115, LOS ANGELES, CALIFORNIA 90053-0115 / (562) 462-2125 CONNY B. McCORMACK REGISTRAR.RECORDERCOtiNTY CLERK EWA NIKODEM MY 1 U NV Date: MAY 3, 2007 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD EASEMENT ROLLING HILLS, CA 90274 CITY OF ROLLING HIL&: By CITY OF ROLLING HILLS $ NO FEE RNCLc)SF:n to enclosed document is being returned unrecorded. Please correct/complete the information as noted below and/or on the :verse side of this letter. NOTE: Problem area is indicated by green ( ) on document. (A) Legibly print or type name of principal [Grantor/Grantee; First Party/Second Party; Trustor, Trustee; and/or Beneficiary] in caption and/or below signature. _ (B) Legibly print or type name of company/corporation/partnership/agency above signature. _ (C) Indicate on the document the first and last name of each individual _ (D) Name of principal ( ) must agree in capton, execution and acknowledgment. _ (E) Document must be signed by the principal ( ). (F) Designate party signing as near execution. (G) If is the owner or is doing business as please indicate this fact near the signature. tf this is not the case, indicate signor's capacity near signature. (H) For recording purposes, the execution by mark is improperly prepared. Please review the enclosed bulletin. _ (I) For recording purposes, the Attorney -in -fact execution is incorrect. Please have the document re-signed in the following manner: "(Name of Principal) by jSionature ofAttomev-ln-fact! , as (his/her/its) Attorney -in -fact". For recording purposes, please submit the document that contains the origin/signature(s) of the principal; and/or, the original signature and seal of the notary public. (Note: Facsimile signature(s) is/are unacceptable.) indicate: _ (a) name and address for retum by mail and/or title of document on cover page. (b) the Assessor's Parcel/ Identification Number (APN or AIN) on the document (please refer to the property tax bill or title report); _ (c) the name and address to be used in mailing future tax bills on the bottom of the first page of document. 1. _The enclosed document(s) does (do) not meet the statutory requirement for recording space. See enclosed notice. I. Documentary. TransferTax (Declaration) is required. —The law requhes that atax be paidWad-the-transfer of real property based on the consideration or value of the property or the consideration or value less existing /lens and encumbrances, le., mortgages, if any. • Recording Fee Fee For Certified Copy Survey Monument Fee Transfer Tax':: Los Angeles County $ City of •$ 'The amount of the CountyDocunrentary Transfer Taxis calculated by detenn/ning the value of the rea!property, minus the amountof existing liens or encumbrances, If any. The rate Is $.55for each $500 of value or consideration transferred. EXAMPLE Real property value $100,000 less assumed loan(s) - None; Documentary Transfer Tax Due - $110.00 See enclosed bulletin for Clty Transfer Tax when applicable. • [GRAND TOTAL $ . See enclosed bulletin(s).] (A) For recording purposes, the document(s) and recording fee(s) must be submitted together. (B) Please sign check and/or make payable to the Los Angeles County Registrar-Recorder/County Clerk. _ (C) This office cannotaccept checks showing a date six (6) months or older. Please issue a new check for recording. 8. _ (A) A Preliminary Change of Ownership Form, or an additional fee of $20 is required for recording. See enclosed notice. (B) The Preliminary Change of Ownership Report is incomplete or incorrect Please complete or correct green checked areas of the form- See enclosed instruction sheet _ (C) Pursuant to a change in the law, effective January 1, 1991, the Preliminary Change of Ownership Form must be signed by the transferee or an officer of the transferee and can not be signed by an agent acting for a transferee: 9. _ (A) Acknowledgment before the notary public was omitted or improperly completed. Please have the notary public fill out the form printed on the document or the attached notarial form provided by this office. _ (B) Notary seal and/or signature of notary must be affixed, OR seal is illegible and must be restamped (see enclosed bulletin). (C) The acknowledgment must reflect the correct county and state where the signing party appeared before the notary public. Please have the notary public make the necessary correction. -- 10. _ Document must be subscribed and sworn to before a notary public or contain a penalty of perjury statement. Please complete the appropriate section of the document, or the form we have attached. 11. _ See the page attached for additionallnstnrct/on/correction. (PLEASE SEE REVERSE SIDE) ) i HT R 742 / 900 2 / 07 12. _ The Dilkasement) must contain or have appended to it a Resolu r Certificate of Acceptance signed by an authorized official of 13. _ For re-recording purposes: _ (a) state the reason for re-recording. This statement should be placed on the first page of the document. (b) a RE-ACKNOWLEDGEMENTis required, showing the date that the principal re -appeared before the notary public. _ (c) the original lead shee4 containing the recording information, must be attached. 14. _ Recording reference (Date and Document Number or Book and Page) of the prior recorded document Is Incorrect or was omitted. Please check your title report or original documentfor reference. 1 15. (A Affix the exhibit, attachment, or rider to the C,i5 } 2-- . It was not attached as stated. _ (B) If the attachment ( ) is intended to be a part of the document, please label it as exhibit, schedule, etc. and make reference to it in the body of the document [e.g., "See Exhibit 'A' attached hereto and made a part hereof'j. _ (C) Detach and retain the . It is not required to record the 16. _ (A) State or clarify the name of the county in the body of the document. (B) Recording cannot be performed in this county. Forward to county shown on document 17. _ (A) Complete legal description and/or street address must be provided. (B) If an incomplete legal description or the street address is provided in lieu of a complete legal description, Survey Monument Fee will be required. See enclosed bulletin. 18. The entire document or portion of the document is/are readable but is/are not sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correct the defect. 19. _ (A) For recording purposes, we must have the copy of the document that is certified by the Clerk of the Court of Record. Any changes or additions to the copy must be initialed by the Clerk of Court. (B) Please have the Clerk of the Court of Record complete and initial item 2A of the Abstract of Judgment _ (C) A certified copy of the Judgment must be attached as stated in item 2B of the Abstract of Judgment. Please be informed that a certified copy of a "Notice of Entry of Judgment" is Incorrect 20. _ A certificate of release of lien or a certified copy of an instrument issued by any govemment agency must not be enhanced (i.e., for illegibility), altered or changed in any way except by the issuing entity. Please contact the issuing entity, to obtain a duplicate original and/or certified copy for recording purposes. 21. _ The enclosed check/money order (amount shown on reverse side), Preliminary Change of Ownership Report and/or correspondence/ letter was(were) sent without the required document, or was(were) sent in error. 22. _ We have found the enclosed document(s): (a) to be unacceptable for recording as presented, or (b) to have no provision in the California State•Law authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 23. _ (A) If it is your intent to terminate a joint tenancy interest, please see enclosed bulletin. (8) The information in the Affidavit -Death of Joint Tenant is incomplete or incorrect Please refer to the document that created the joint tenancy or contact your legal advisor. (C) A certified copy of the Death Certificate or an 'Informational Only' copy must be attached. 24. _ A document which is not entirely in the English language must be translated by a court -approved translator. See enclosed bulletin. "'''''If Items 25 thru 28 have been checked, the problem relates to the Documentary Transfer Tax.**"'"' 25. The statement on the face of the document that explains why the conveyance is exempt from the Documentary Transfer Tax is insufficient Based on the explanation provided, it would appear that the tax is due. A Notice of Exempt Transactions Under the Documentary Transfer Tax is attached for your review. 26. _ (A) Legibly print or type the amount of tax(es) due in the tax declaration space. _ (8) Designate in or near the document's tax declaration that the tax was either "computed on hill value of the property conveyed or computed on full value less liens and encumbrances remaining at the time of sale'. _ (C) The name of the city or unincorporated area must be shown. If the property is located in more than one city or unincorporated area, include the tax amount for each city and/or unincorporated area. _ (D) Sign your full name in the tax declaration_ if you are executing the document as an agent, the firm name should also be included. (E) The term of the lease should be indicated on the lease or assignment.(near the tax declaration or on a separate attachment not to be recorded). 27. _ (A) The Documentary Transfer Tax Declaration appears to indicate an incorrect amount of tax. _ (8) In addition to the Los Angeles County Transfer Tax, a City Transfer Tax is due. (C) Unless informed, this office must assume that the enclosed Deed of Trust represents part of the purchase price, requiring the payment of a Transfer Tax for an amount of at least equal to the Indebtedness shown on the Deed of Trust. See front side of this letter for tax rate and proper computation. (D) Based on the records of the Los Angeles County Assessor's Office, it appears that the value of the property being conveyed is $ . A Transfer Tax is due on that value. See front side of this letter for proper computation. (E) Based on the information shown in part ill of the Preliminary Change of Ownership Report, it appears that the amount of Documentary Transfer Tax(es) is/are incorrect See front side of this letter for proper computation. 28. If you determine that this transfer of property is exempt from the documentary transfer tax, _ (a) the word "NONE or ZERO" and (b) a statement explaining the reason for exemption should be placed on the document (as near to the tax declaration as possible). See enclosed notice. CORNY B. MC CORMACK Los Angeles County Registrar-Recorder/County Clerk Anita Gentle 562-4671'2125 R 742/900 2/07 By Deputy _-�l�s Click- N -Ship® FO STi LD SERVICE, U.S. POSTAGE REQUIRED USPS PRIORITY MAIL® EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD RO LLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: M S. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IM PERIAL HWY NORWALK CA 90650-3134 IlihilligH1111111l1II.1111ll .11111111.11IIIIiiiIIIIIIIIIII ZIP - 420 el USPS 90650 SIGNATURE 9121 0385 5574 CONFIRMATIONTM 9014 2265 58 Electronic Rate Approved #038555749 OR PICKUP CALL 1-800-222-1811 © EP14FFEBRUARY2002 USPS ALL RIGHTS RESERVED Cut on dotted line. Instructions 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail postage to your label or take to a Post OfficeTM. 5. Stamped packages weighing 13 ounces or more may not be placed in USPS collection boxes. 6. Mail your package on the "Ship Date" you selected when creating this label. Online Label Record (Label 1 of 1 Signature ConfirmationTM Number: 2103 8555 7490 1422 6558 Not Paid Online Print Date: 05/17/2007 Priority Mail® Postage: Ship Date: 05/17/2007 Signature Confirmation: $1.75 Weight:. 0 lb 6 oz (Electronic Rate) Total: $6.35 From: EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: LOS ANGELES COUNTY REGISTRAR RECORDER MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL'HWY NORWALK CA 90650-3134 " Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. Refunds for unused postage paid labels can be requested online 10 days from the print date. A copy of the recipient's signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. UNITED STATES Thank you for shipping with the United States Postal Service! POSTAL SERVICE at Check the status of your shipment on the Track & Confirm page at www.usps.com WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER ♦ (Space Above this Line for Recorder's Use) ♦ Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of March 12 , 2007, by and between the City of Rolling Hills, a California municipal corporation ("Grantor") and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association") ("Grantee"), pursuant to the terms and conditions set forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. WHEREAS, the owners of residentially developed properties situated along Poppy Trail Road will benefit from the road constructed by the Association by having a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantee a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. Page 1 of 5 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantee a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. Grantee shall be solely responsible for all costs related to maintenance of the 1.2 roadway. 1.3 Grantor shall not undertake any activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantee shall be implied from any omission by any party to take any action with respect to such default if such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager Page 2 of 5 With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEE: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": /..5 .ae___ DATED: 3)13 h-7 _fi__/ B. Allen Lay, Mayor ATTEST: (ling Hills, City Clerk Page 3 of 5 "GRANTEE" APPROVED AS TO FORM: Rol ing Hills Community Association of Rancho Palos Verdes, President ATTEST: By: APPROVED AS TO FORM: Page 4 of 5 State of C. -1.1(t. -11=017-4q I > County of (-0S Anita-� On t n , } before me, personally appeared (Insert Name of Notary Public and Title) Po bp' personally known to me (or proved to me 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. WITNESS my hand and official seal. Signature KRISTEN RAIG Comm. # 1507517 NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Comm. Expires AUGUST 20, 2008 ackpara (12/05) State of } County of Lc at\IE L c=S } } On _M ;+ g 20,+ before me, (Insert Name of Notary Public and Title) personally appeared L C• Srt'G--r mac, Pt personally known to me (or proved to me 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. WITNESS my hand and official seal. Signatur KRISTEN RAIG Comm. # 1507517 NOTARY PUBLIC - CALIFORNIA W LOS ANGELES COUNTY My Comm. ExpiresAUGUST20,2008 ackpara (12105) • Exhibit A • Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001--901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. , Legal Description Prepared By: Bolton Engineering Corp. 1.1 Ross N. Bolton, RCE 26120 �J 1,3 7� Date page 2 of 2 LOT 90 ROLLING HILLS TRACT, M.B. 201 PGS. 29-35 TRU B N41'O 2.5 W z -N04O0'00'E 68.36' CENTERLINE OF 30' WOE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT / / / / / / 15.00' CITY LOT / / LOT 2 OF TRACT 32071, LLB. 848 PGS. 58-57 /� P�PY AML / / / • / / / POINT OF BEGINNING • Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' 0 N 28'27'59" E 190.14' O N 0415'36" W 43.12' 0 N 26'08'22" W 20.69' (1) N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT ® 42'27'20" 89.92' 66.63' 34.93' ® 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' ' 13'16'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' " = 100' $P viick-' `-Sh'f' SITADSERV ICE0 P U.S. POSTAGE REQUIRED USPS PRIORITY MAIL® EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 11.1..11....11...1.1.11 IInnIInllnlnlllnIIlInlIInI ZIP - 420 e/ USPS 90650 SIGNATURE 9121 0385 5574 CONFIRM ATIONTM 9128 0671 46 Electronic Rate Approved #038555749 asn 01A4 n 3 3 of oEI - wimp alejsod juud In 'VI Pp 'ft. 73 EU ZI o :y G) p4 CD rri o. N \Y N O*CD 73 CO. 0. D Nf a) 0 co 30) . >3 ' 3 (D 91 fD C7 co a 3 .r� N A This packagin g is the property of the U. S. Postal Ser vice 0 and is provided s oley for use in sendin g Priority Mail 0 Misuse may he a vinlatinn of federal la w_ Cc) EP14F Ja nuary 2005 USPS ALL R IGHTS RESERVED • COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK P.O. BOX 53115,10S ANGELES, CALIFORNIA 90053-0115 / (562) 462-2125 CONNY B. McCORMACK REGISTRAR-RECORDER:COUNTY CLERK EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. 90274 CITY OF ROLLING HILLS . By . $ Date: APRIL 5, 2007 Re: 1 EASEMENT J. BIXBY The enclosed document is being returned unrecorded. Please correct/complete the information as noted below and/or on the reverse side of this letter. NOTE: Problem area is indicated by green ( ) on document; 1. _ (A) Legibly print or type name of principal [Grantor/Grantee; First Party/Second Party; Trustor; Trustee; and/or Beneficiary] in caption and/or below signature. (B) Legibly print or type name of company/corporation/partnership/agency above signature. _ (C) Indicate on the document the first and last name of each individual _ (D) Name of principal ( ) must agree in caption, execution and acknowledgment. _ (E) Document must be signed by the principal ( ). (F) Designate party signing as near execution. (G) If is the owner or Is doing business as please indicate this fact near the signature. If this is not the case, indicate signor's capacity near signature. _ (H) For recording purposes, the execution by mark is improperly prepared. Please review the enclosed bulletin. _ (I) For recording purposes, the Attorney -in -fact execution is incorrect. Please have the document re-signed in the following manner: "(Name of Principal) by IS/mature ofAttomey-In-fac) , as (his/herfits) Attorney -in -fact". 2. — For recording purposes, please submit the document that contains the odg/nalsignature(s) of the principal; and/or, the original signature and seal of the notary public. (Note: Facsimile signature(s) is/are unacceptable.) 3. _ Indicate: _ (a) name and address for return by mail and/or title of document on cover page. (b) the Assessor's Parcel/ Identification Number (APN or AIN) on the document (please refer to the property tax bill or title report); (c) the name and address to be used in mailing future tax bills on the bottom of the first page of document. 4. ^ The enclosed document(s) does (do) not meet the statutory requirement for recording space. See enclosed notice. 5. — Documentary Transfer Tax (Declaration) is required. The law requires that a tax be paid upon the transfer of real property based on the consideration or value of the property or the consideration or value less existing liens and encumbrances, l.e., mortgages, If any. 6. _ Recording Fee $ Fee For Ceded Copy $ Survey Monument Fee $ Transfer Tax*: Los Angeles County $ City of $ 'The amount of the County Documentary Transfer Taxis calculated by determining the value of the real property, minus the amountof existing /lens or encumbrances, /f any. The rate Is $ .55 for each $500 of value orconslderation transferred.' EXAMPLE: Real property value $100,000 less assumed loan(s) - None; Documentary Transfer Tax Due - $110.00 See enclosed bulletin for City Transfer Tax when applicable. [GRAND TOTAL $ . See enclosed bulletin(s).] 7. _ (A) For recording purposes, the document(s) and recording fee(s) must be submitted together. _ (B) Please sign check and/or make payable to the Los Angeles County Registrar-Recorder/County Clerk. _ (C) This office cannotaccept checks showing a date six (6) months or older. Please issue a new check for recording. 8. _ (A) A Preliminary Change of Ownership Form, or an additional fee of $20 is required for recording. See enclosed notice. (B) The Preliminary Change of Ownership Report is incomplete or incorrect. Please complete or correct green checked areas of the form. See enclosed instruction sheet. ._ (C) Pursuant to a change in the law, effective January 1, 1991, the Preliminary Change of Ownership Form must be signed by the transferee or an officer of the transferee and can not be signed by an agent acting for a transferee." 9. (A) Acknowledgment before the notary public was omitted or improperly completed. Please have the notary', public fill out the form printed on the document or the attached notarial form provided by this office. (B) Notary seal and/or signature of notary must be affixed, OR seal is illegible and must be restamped (see enclosed bulletin). — (C) The acknowledgment must reflect the correct county and state where the signing party appeared before the notary public. Please have the notary public make the necessary correction. 10. Document must be subscribed and sworn to before a notary public or contain a penalty of perjury statement. Please complete the appropriate section of the document, or the form we have attached. 11. _ See the page attached for additional instruct/on/correct/on. (PLEASE SEE REVERSE SIDE) R 742 / 900 2 / 07 J w ql5' • t. Y • 40 12. The Deed (Easement) must contain or have appended to it a Resolution or Certificate of Acceptance Signed by an authorized official of 13. _ For re-recording purposes: (a) state the reason for re-recording. This statement should be placed on the first page of the document. _ (b) a RE-ACKNOWLEDGEMENTis required, showing the date that the principal re-appearedbefore the notary public. (c) the original lead sheet containing the recording information, must be attached. 14. Recording reference (Date and Document Number or Book and Page) of the prior recorded document is Incorrect or was omitted. Please check your title report or original document for reference. 15. (A) Affix the exhibit, attachment, or rider to the (B) If the attachment ( schedule, etc. and make reference to it In the hereof"j. (C) Detach and retain the . It was not attached as stated. ) is intended to be a part of the document, please.label it as exhibit, body of the document [e.g., "See Exhibit 'A' attached hereto andmade a part . It is not required to record the 16. _ (A) State or clarify the name of the county in the body of the document. (B) Recording cannot be performed in this county. Forward to county shown on document. 17. (A) Complete legal description and/or street address must be provided. (B) If an incomplete legal description or the street address is provided in lieu of a complete legal description, Survey Monument Fee will be required. See enclosed bulletin. 18. The entire document or, portion of the document is/are readable but is/are not sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correctthe defect. 19. •_ (A) For recording purposes, we must have the copy of the document that is certified by the Clerk of the Court of Record. Any changes or additions to the copy must be initialed by the Clerk of Court. (B) Please have the Clerk of the Court of Record complete and initial item 2A of the Abstract of Judgment. • (C) A certified copy of the Judgment must be attached as stated in item 2B of the Abstract of Judgment Please be informed that a certified copy of a "Notice of Entry of Judgment" is Incorrect. 20. — A certificate of release of lien or a certified copy of an instrument issued by any govemment agency must not be enhanced (i.e., for illegibility), altered or changed in any way except by the issuing entity. Please contact the Issuing entity, to obtain a duplicate original and/or certified copy for recording purposes. 21. _ The enclosed check/money order (amount shown on reverse side), Preliminary Change of Ownership Report and/or correspondence/ letter was(were) sent without the required document, or was(were) sent in error. 22. _ We have found the enclosed document(s): tO (a) to be unacceptable for recording as presented, or (b) to have no provision in the California StateLaw authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 23. — (A) If it is your intent to terminate a joint tenancy interest, please see enclosed bulletin. (B) The information in the Affidavit: Death of Joint Tenant is incomplete or incorrect. Please refer to the document that created the joint tenancy or contact your legal advisor. (C) A certified copy of the Death Certificate or an "Informational Only copy must be attached. 24. A document which is not entirely in the English language must be translated by a court -approved translator. See enclosed bulletin. If items 25 thru 28 have been checked, the prob/em relates to the Documentary Transfer Tax.***** 25. The statement on the face of the document that explains why the conveyance is exempt from the Documentary Transfer Tax is insufficient. Based on the explanation provided, it would appear that the tax is due. A Notice of Exempt Transactions Under the Documentary Transfer Tax is attached for your review. 26. _ (A) Legibly print or type the amount of tax(es) due in the tax declaration space. _ (B) Designate in or near the documents tax declaration that the tax was either 'computed on full value of the property conveyed or computed on full value less liens and encumbrances remaining at the time of sale'. (C) The name of the city or unincorporated area must be shown. If the property is located in more than one city or unincorporated area, include the tax amount for each city and/or unincorporated area. (D) Sign your full name in the tax dedaration. If you are executing the document as an agent, the firm name should also be included. (E) The term of the lease should be indicated on the lease or assignment (near the tax declaration or on a separate attachment not to be recorded). 27. (A) The Documentary Transfer Tax Declaration appears to indicate an incorrect amount of tax. (B) 1n addition to the Los Angeles County Transfer Tax, a City Transfer Tax is due. (C) Unless informed, this office must assume that the enclosed Deed of Trust represents part of the purchase price, requiring the payment of a Transfer Tax for an amount of at least equal to the indebtedness shown on the Deed of Trust. See front side of this letter for tax rate and proper computation. (D) Based on the records of the Los Angeles County Assessor's Office, it appears that the value of the property being conveyed is $ . A Transfer Tax is due on that value. See front side of this letter for proper computation. (E) Based on the information shown In part ill of the Preliminary Change of Ownership Report, it appears that the amount of Documentary Transfer Tax(es) is/are incorrect See front side of this letter for proper computation. 28. If you determine that this transfer of property is exemptfrom the documentary transfer tax, _ (b) a statement explaining the reason for exemption should be placed on the document (as near to the tax declaration as(a) the word "NONE or and possible). See enclosed notice. CONNY B. MC CORMACK • . Los Angeles County Registrar-RecordedCounty.;Clerk R 742 1900 2 / 07 By J. BAKER . Deputy ' 1--4622 2.125 Cut on dotted line. Instructions Online Label Record (Label 1 of 1 ) 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail postage to your label or take to a Post officeTM. 5. Stamped packages weighing 16 ounces or more may not be placed in LISPS collection boxes. 6. Mail your package on the "Ship Date" you selected when creating this label. Signature ConfirmationTM Number: 2103 8555 7491 2806 7146 Not Paid Online Print Date: 04/16/2007 Priority Mail® Postage: Ship Date: 04/16/2007 Signature Confirmation: $1.35 Weight: 0 lb 7 oz (Electronic Rate) Total: $5.40 From: EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: LOS ANGELES COUNTY REGISTRAR RECORDER MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 * Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. Refunds for unused postage paid labels can be requested online 10 days trom the print date. A copy of the recipient's signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. UNITED STATES Thank you for shipping with the United States Postal Service! P.-1111111 POSTAL SERVICE , Check the status of your shipment on the Track & Confirm page at www.usps.com • h 01/31/2007 16:52 31064384 JENKINS & HOGIN L PAGE 02/02 LAW OFFICtS,OF Gui2.0T & MOUSER January 29, 2007 Michael Jenkins, City Attorney Jenkins & Hogin, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Re: Your December 12, 2006 Easement Proposal Dear Mr. Jenkins: DAMON GUIZQT MARLENA J. MOUSER, JOSEPH W, STEEL V Mr COUNSEL) 323-937-1000 714 -74? -006 • I'ACSI,11 LE„ This is to respond to your December 12, 2006 letter proposing to "convey.. -an easement over the newly constructed portion of Poppy Trail Road" to our clients, While we accept your representation of the City's good motives for proposing the new easement, on behalf of our clients, we respectfully decline the offer for the following reasons: Although you characterize this easement as a temporary measure that is not intended to . affect the litigation or operate as a waiver of any of the Homeowners' claims, -the easement recites that it grants the Homeowners "a legal right of perpetual access." Given the positions the Association is taken, at some point, this new "legal right" could well be urged to be both a waiver of their existing claims and a source of additional obligations and liabilities for the Homeowners. In addition, as a practical matter, a legal right to traverse a moving failure gives the Homeowners no additional security. Until a permanent repair of the failure is undertaken, their legal access rights in Poppy Trail Road are impaired and their temporary physical access —easement or no easement —continues to be threatened, even during those times when the temporary roadway is not physically blocked. While our clients cannot accept it, we appreciate the City's offer and continue to • be willing to discuss creative solutions for repair of the landslide and resolution of the litigation. Si i erely, r� j: Merlena MJM/jh: ORANGE! 770 THE CITY PRIVE SOUTH. SUITE 304Q ORANGE, CA 928E13 SAN oIEGO: 4QE WEST S QACWAY, ?4-T" FLOOR SAN DIEGQ, CA 92141 L.A. COUNTY DEPARTMENT OF REGIONAL PLANNING CONTRACT CITY PLANNING SERVICES CHARGES Services Accrued: September 2006 City of Rolling Hills NO. 6709062 Tract/Map Case No. Employee Number Time Charge Description/Location Item Charges Hours I Rate I Amount 079959 4.0 80.08 320.32 Review Legal Description:APN# 7567001901 (please see the attachment for more information) Sub Total Add: 6.5% Surcharge Fee Total Amount Due This Period The billing transactions reflect the charges for planning services rendered during the period shown. Please remit the charges payable to: County of Los Angeles Department of Regional Planning 320 West Temple Street, Room 1383 Los Angeles, CA 90012 (213) 974- 6440 Christine Lee, Accounting Tech II C /1/1/14/CGvu, — cleea(7planninq.lacounty.gov Prepared by (Print Name, Title) Signature Phone No./Email Adddress p�, Karen Chin Head, Budget & Accounting Services Approved by (Print Name, Titile) Signature F:Users\Budget\Budget Share\Acctng FY06.07\Billing Files \\\f.q j nG ate 320.32 320.32 20.82 341.14 DEC _ 2006 CITY OF ROLLING HILLS Sandoval, Anthony From: Sandoval, Anthony Sent: Thursday, September 07, 2006 5:32 PM To: 'ys@cityofrh.net' Cc: Gomez, Oscar Subject: Road Easement for Poppy Trail Legal DessriptienTAPN 7567-001-901J :Ft Dear Ms. Schwartz: Pursuant to your letter of July 11, 2006, I have reviewed the subject legal description and have found the following: 1. The preamble portion of the legal description was found to be consistent with the legal description given in "Interlocutory Judgment in Condemnation" recorded on December 22, 1958, as Instrument No. 4357. 2. The true point of beginning and the end point of the road easement traverse matched information shown on Assessor Map Book 7567, Pages 1 and 14. 3. The legal description was reviewed for composition and readability and found to be satisfactory. . 4, Please be aware that I am unable to verify the values. given in the road easement traverse but this would have been done by the validating civil engineer in his traverse closure calculations. I hope I have adequately addressed your concerns. If you have any questions, please do not hesitate to call. Best regards, Tony Sandoval Land Division Research (213) 974-6458; FAX: (213) 346-9837 1 1 /10/111116 ODNTRACT CITY Rolling Hills Employee Name: Sandoval, Anthony Month Year Employee Number: 079959 9 06 1 Job Description Agency Program Projec Task 1 Regular Hours I Overtime Hours ! Sub Total I. CITY OF ROLLING HI I 28 20 03 22 4 I 0 1 4 ----- -- ----- --- --- - -- Total Hours 4 Page:1 • • Wed, Nov 15, 2006 7:47 AM Subject: RE: Road Easement for Poppy Trail - Legal Description; APN 7567- 001-901 Date: Tuesday, November 14, 2006 5:44 PM From: Sandoval, Anthony<ASandoval@planning.lacounty.gov> To: Yolanta Schwartz <ys@cityofrh.net> Best regards, Tony Sandoval Land Division Research C' Phone: (213) 974-6458; FAX: (213) 346-9837 E-mail: asandoval@planning.lacounty.gov I From: Yolanta Schwartz [mailto:ys©cityofrh.net] Sent: Friday, September 08, 2006 7:51 AM To: Sandoval, Anthony Subject: Re: Road Easement for Poppy Trail - Legal Description; APN 7567-001-901 Mr. Sandoval, Thank you very much for reviewing my request. Yolanta Schwartz Planning Director 2 Portuguese Bend Road Rolling Hills, CA 90274 Sandoval, Anthony wrote: Dear Ms. Schwartz: Pursuant to your letter of July 11, 2006, I have reviewed the subject legal description and have found the following: 1. The preamble portion of the legal description was found to be Page 1 of 3 • consistent with the legal description given in "Interlocutory Judgment in Condemnation" recorded on December 22, 1958, as Instrument No. 4357. 2. The true point of beginning and the end point of the road easement traverse matched information shown on Assessor Map Book 7567, Pages 1 and 14. 3. The legal description was reviewed for composition and readability and found to be satisfactory. 4. Please be aware that I am unable to verify the values given in the road easement traverse but this would have been done by the validating civil engineer in his traverse closure calculations. I hope I have adequately addressed your concerns. If you have any questions, please do not hesitate to call. Best regards, Tony Sandoval Land Division Research Page 2 of 3 • (213) 974-6458; FAX: (213) 346-9837 Page 3 of 3 Road Easement for Poppy Trail - Legal Descript kPN 7567-001-901 Subject: Road Easement for Poppy Trail - Legal Description; APN 7567-001-901 From: "Sandoval, Anthony" <ASandoval@planning.lacounty.gov> Date: Thu, 7 Sep 2006 17:31:39 -0700 To: <ys@cityofrh.net> CC: "Gomez, Oscar" <ogomez@planning.lacounty.gov> X-UIDL: 9DFC702AE42C4F 186DB 840FEE46A78E 1 X-Mozilla-Status: 0003 X-Mozilla-Status2: 00000000 Return -Path: <ASandoval@planning.lacounty.gov> Received: from magic.co.la.ca.us ([159.83.181.201]) by dukecmmtaiO4.coxmail.com (InterMail vM.6.01.06.01 201-2131-130-101-20060113) with ESMTP id <20060908003139.OSYK23964.dukecmmtaiO4.coxmail.com@magic.co.la.ca.us> for <ys@cityofrh.net>; Thu, 7 Sep 2006 20:31:39 -0400 Received: from regionalfel.rp.planning.co.la.ca.us ([10.2.8.43]) by magic.co.la.ca.us with ESMTP id k880Ve1E015554 for <ys@cityofrh.neb; Thu, 7 Sep 2006 17:31:40 -0700 (PDT) Received: from regionalbel.rp.planning.co.la.ca.us ([10.2.8.42]) by regionalfel.rp.planning.co.la.ca.us with Microsoft SMTPSVC(6.0.3790.1830); Thu, 7 Sep 2006 17:31:39 -0700 Content -class: urn:content-classes:message MIME -Version: 1.0 Content -Type: multipart/alternative; boundary="----_=_NextPart_001_01C6D2DE.26AE74E1" X-MimeOLE: Produced By Microsoft Exchange V6.5.7226.0 Message-ID:<6049537CA93AC04AA1278E6A59C89D8D8B2BBF@regionalbel.rp.planning.co.la.ca.us> Thread -Topic: Road Easement for Poppy Trail - Legal Description; APN 7567-001-901 Thread -Index: AcbS3iZWfvSWZjm4QA6QDTpHMo1XYA== X-OriginalArrivalTime: 08 Sep 2006 00:31:39.0815 (UTC) FILETIME=[268F8370:01C6D2DE] Dear Ms. Schwartz: Pursuant to your letter of July 11, 2006, I have reviewed the subject legal description and have found the following: 1. The preamble portion of the legal description was found to be consistent with the legal description given in "Interlocutory Judgment in Condemnation" recorded on December 22, 1958, as Instrument No. 4357. 2. The true point of beginning and the end point of the road easement traverse matched information shown on Assessor Map Book 7567, Pages 1 and 14. 3. The legal description was reviewed for composition and readability and found to be satisfactory. 4. Please be aware that I am unable to verify the values given in the road easement traverse but this would have been done by the validating civil engineer in his traverse closure calculations. I hope I have adequately addressed your concerns. If you have any questions, please do not hesitate to call. Best regards, Tony Sandoval Land Division Research (213) 974-6458; FAX: (213) 346-9837 1 of 1 9/8/06 7:51 AM • dry opeo?P,.S J&P� • INCORPORATED JANUARY 24, 1957 July 11, 2006 Gary Fountain Los Angeles County Regional Planning Room 1382 320 West Temple Street Los Angeles, CA 90012 SUBJECT: Dear Mr. Fountain: Request of review of legal description NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Please review the enclosed legal description for the City of Rolling Hills. It is a roadway easement to the Rolling Hills Community Association over a City property. This road was recently constructed, as an emergency access to properties along Poppy Trail. A landslide that occurred in March 2005 blocked the previous road, which was located above this new emergency road. The City's lot has an APN # 7567-001-901. Please bill the City as appropriate. Should you have any questions, please call me at (310) 377-1521. Thank you very much. Sincerely /41 Y;olanta Schwartz Planning Director Printed on Recycled Paper. ' Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N. 7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages.29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description. Prepared By: Bolton Engineering Corp_ Fes' Ross N. Bolton, RCE 26120 j , Date page 2 of 2 LOT 90 ROLLING HILLS TRACT. M.B. 201 PGS. 29-35 TRUE B N41'0 '00'E 1 .10' 0 0 P 0 z -N0400'00'E 68.36' CENTERLINE OF 30' WOE EASEMENT POPPY TRAIL 'ROAD (PRIVATE STREET) CITY LOT 284 15.00' 7 CITY LOT LOT 2 OF TRACT 32071. N.B. 848 PGS. 56-57 Iftw ceP / / / / / / // . / / / / OINT OF BEGINNING • Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N 79°26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' 0 N 28'27'59" E 190.14' O N 0415'36" W 43.12' 0 N 26'08'22" W 20.69' O N 10'18'27" W 61.67' • CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 42'27'20" 89.92' 66.63' 34.93' ® 13'24'25" 99.98' 23.40' 11.75' 0 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0' 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' O. 1316'17" 577.97' 133.87' 67.24' 0 29'06'12" 50.00' 25.40' 12.98' " 100' • • Tel: (310) 544-6010 Bolton Engineering Corp. Civil/Structural Engineering & Surveying • 707 Silver Spur Road Suite 201 Rolling Hiills Estates, CA 90274 Fax: (310) 544-0458 ATTENTION: G 1 Z 1�C., • N. S SUBJECT: P© P 07-1 t We are sending you herewith: prints of Tentative Map ' Street Plans Topographic Map Grading Plans Tract Map Storm Drain Plans These are: Remarks: As noted �As requested For your approval transparencies of TRANSMITTAL BEC JOB NO. 5—® I 1 DATE Z.%—( CA other 6.1"*.= -6 Z-1-7 .t T originals of copies of For your files -1-....For your use For your information other Copy to: Very truly yours, BOLTON ENGINEERING CORPORATION By Ross N. Bolton, RCE 26120 President • Exhibit A • Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. QRovEssr Ross N. Bolton, RCE 26120 ! 2620 EXP. 3131/G 7 Date page 2 of 2 LOT 90 ROLLING HILLS TRACT, M.B. 201 PGS. 29-35 TRUE B N41'0 lat -N04'00'00-E 68.36' CENTERUNE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT 15.00' i LOT 2 OF TRACT 32071, Y.B. 848 PGS. 58-57 / / / .113- / DINT OF BEGINNING Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TAB No. BEARING DISTANCE O N 79'26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' ® N 28'27'59" E 190.14' O N 0415'36" W 43.12' © N 26'08'22" W 20.69' O N 10'18'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT O' 42'27'20" 89.92' 66.63' 34.93' © 13'24'25" 99.98' 23.40' 11.75' © 09'58'09" 100.00' 17.40' 8.72' © 32'43'35" 110.31' 63.01' 32.39' 0 07'16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' OG 1316'17" 577.97' 133.87' 67.24' 8 29'06'12" 50.00' 25.40' 12.98' 1" = 100' • To: 41, Tel: (310) 544-6010 1 ZCi iv C4 • Bolton Engineering Corp. CiviUStructural Engineering & Surveying 707 Silver Spur Road Suite 201 Rolling Hiills Estates, CA 90274 Fax: (310) 544-0458 ATTENTION: SUBJECT: 9 c;z7'-_ 2_i 6 • TRANSMITTAL �I�• s � N/W 1:=7C—" +' P I t lA i L We are sending you herewith: Tentative Map Topographic Map Tract Map These are: Remarks: ' prints of Street Plans Grading Plans Storm Drain Plans transparencies of other C P-•5C=l As noted As requested For your approval BEC JOB NO. DATE originals of copies of For your files For your use For your information other S7l!H ONmOb dO A110 Copy to: ";sy T Q3j Very truly yours, ° j f `"s kP#. Iv BOLTON ENGINEERING CORPORATION By ��=ham R s N. Bolton, RCE 26120 President Exhibit A Description of Temporary, Emergency Road Easement For Poppy Trail (private road) Over A. P. N.7567 001 901 • A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling Hills, County of Los Angeles, State of California, allotted to Jotham Bixby, by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly comer of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North 79° 26' 55" East, thence departing from said Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along said curve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterly along said curve through a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1 of 2 curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. Ross N. Bolton, RCE 26120 Date page 2 of 2 • LOT 90 ROWNG HILLS TRACT, M.B. 201 PGS. 29-35 O 0 0 z 04'00'00'E 68.36' 15.00' CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE STREET) CITY LOT / / / / / / 1 TRUE POINT OF / 8= INNING /,`�/ N41 • '00'E 1 .10' 15.00' 1 aTY LOT i 7 LOT 2 OF 1RACT 32071. Y.B. 848 PGS. 58-57 Iwo- / / / / ,,, / l / / / / / • / / / ,"a �- POINT OF �t,� ; + / BEGINNING .: / -J i Exhibit B Sketch Of Temporary, Emergency Road Easement For Poppy Trail (private road) BEARING AND DISTANCE TABLE No. BEARING DISTANCE O N . 79°26'55" E 89.92' O N 31'54'15" E 25.59' O N 18'29'50" E 22.69' 0 N 28°27'59" E 190.14' O N 0415'36" W 43.12' 0 N 26'08'22" W 20.69' O N 1018'27" W 61.67' CURVE DATA TABLE No. DELTA RADIUS LENGTH TANGENT 0 4227'20" 89.92' 66.63' 34.93' © 13'24'25" 99.98' 23.40' 11.75' 0 09'58'09" 100.00' 17.40' 8.72' 0 32'43'35" 110.31' 63.01' 32.39' 0 07°16'58" 100.00' 12.71' 6.36' 0 14'35'48" 330.66' 84.24' 42.35' 0 1316'17" 577.97' 133.87' 67.24' 0 29°06'12" 50.00' 25.40' 12.98' 100' • • MICHAEL JENKINS CHRISTI HOGIN MARK D. HENSLEY BRADLEY E. WOHLENBERG KARL H. BERGER GREGG KOVACEVICH JOHN C. COTH LINDA A. BURROWS LAUREN B. FELDMAN Sidney F. Croft, Esq. Law Offices of Sidney F. Croft 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Dear Sid: JENKINS & HOGIN, LLP A LAW PARTNERSHIP MANHATTAN TOWERS 1230 ROSECRANS AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310)643-8448 • FAX (310) 643-8441 W W W. LOCALGOVLAW.COM December 12, 2006 Re: Poppy Trail Easement Pun DEC 1 5 2006 CI -FY OF ROLLING HILLS By WRITER'S EMAIL ADDRESS: MJENKINSOP LOCALGOVLAW.COM Attached is an instrument conveying an easement to the Rolling Hills Community Association and the residents on Poppy Trail Road for roadway purposes the area on which the new portion of Poppy Trail has been constructed. Please place the easement on an upcoming Board agenda for approval. Thank you for your cooperation. Let me know if you have any questions. yours, lichael Jenkins cc: Anton Dahlerbruch ENROLLING HILLS\Letters\Itr croft (12-12-06).wpd 1 • JENKINS HOGIN, LLP A LAW PARTNERSHIP MICHAELJENKINS CHRISTI HOGIN MARK D. HENSLEY BRADLEY E. WOHLENBERG KARL H. BERGER GREGG KOVACEVICH JOHN C. CO= LINDA A. BURROWS LAUREN B. FELDMAN MANHATTAN TOWERS 1230 ROSECRANS AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310)643-8448 • FAX (310) 643-8441 W W W.LOCALGOVLAW.COM WRITER'S EMAIL ADDRESS: MJENKINS @LOCALGOVLAW.COM Marlena J. Mouser, Esq. Guizot & Mouser 770 The City Drive South Suite 3000 Orange, CA 92868 December 12, 2006 Re: Poppy Trail Easement Dear Ms. Mouser: In my conversations with Bob Jonas prior to the filing of the Jonas, et al v. City of Rolling Hills, et al. lawsuit (the "lawsuit"), Bob indicated to me that in light of the obstruction of a portion of the old Poppy Trail Road by landslide debris, he and his neighbors were concerned about the loss of their easement giving them a legal right of access to their properties from Portuguese Bend Road. One of the allegations made in the lawsuit is that the property owners lack this easement. In that regard, enclosed herein please find an instrument that upon execution by the parties will convey to your clients an easement over the newly constructed portion of Poppy Trail Road. I would request that you share the instrument with your clients and ask them to execute same, and return fully executed and notarized copies to me for execution and recordation by the City. JENKINS & HOGIN, LLP December 12, 2006 Page 2 Thank you for your cooperation. Let me know if you have any questions. truly yours, City Attorney City of Rolling Hills cc: Anton Dahlerbruch, City Manager Sidney F. Croft, Community Association General Counsel WHEN RECORDED MAIL TO: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: CITY MANAGER ♦(Space Above this Line for Recorder's Use) Exempt from Recording Fees Government Code Section 27383 GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES THIS GRANT OF EASEMENT FOR PRIVATE ROADWAY PURPOSES ("Grant of Easement") is made and executed as of , 2007, by and between the City of Rolling Hills, a Califomia municipal corporation ("Grantor"), and the Rolling Hills Community Association of Rancho Palos Verdes, a California nonprofit corporation ("Association"), Robert Jonas, an individual; Dr. Ronald Sommer, individually and as Trustee of the Sommer Trust; Dr. Ram Reddy and Roopa Reddy, individuals; Zaffar Hassanally and Theresa Hassanally, individually and on behalf of the Tanl Limited Partnership; John Lacey and Kathleen Lacey, individuals; and Jeffrey Ullman and Diane Ullman individually and as Trustees of the Jeffrey and Diane Ullman Family Trust (collectively, "Grantees"), pursuant to the terms and conditionsset forth below. RECITALS 1. WHEREAS, Grantor is the owner of certain real property in the vicinity of Poppy Trail Road ("City Property"); and 2. WHEREAS, Grantee Association owns and maintains private streets within the territorial boundaries of the City and in that capacity has constructed a road on a portion of the City Property to provide access from Portuguese Bend Road to the residential properties situated along Poppy Trail Road, replacing a portion of Poppy Trail Road rendered inaccessible by a landslide; and 3. . WHEREAS, Robert Jonas, an individual; Dr. Ronald Sommer, individually and as Trustee of the Sommer Trust; Dr. Ram Reddy and Roopa Reddy, individuals; Zaffar Hassanally and Theresa Hassanally, individually and onbehalf of the Tanl Limited Partnership; John Lacey and Kathleen Lacey, individuals; and Jeffrey Ullman and Diane Ullman individually and as Trustees of the Jeffrey and Diane Ullman Family Trust, are the, owners of residentially developed properties situated along Poppy Trail Road who will benefit from the road Page 1 of 7 • constructed by the Association by having. a legal right of perpetual access to and from their properties to and from Portuguese Bend Road; and 4. WHEREAS, Grantor does not own or maintain streets within the City and hence, desires to convey to Grantees a perpetual easement to own, maintain and use a private roadway, subject to the terms and conditions as more specifically set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, it is agreed by the parties hereto as follows: 1. Easement. 1.1 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto Grantees a non-exclusive perpetual easement for private roadway purposes ("Easement"), on a portion of the City Property as is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 1.2 Grantee Association shall be solely responsible for all costs related to maintenance of the roadway Easement. 1.3 Grantor shall not place, maintain or erect any building or other structure of any nature or kind upon the Easement, and shall not undertake any other activity on the Property that would obstruct the use of the Easement for roadway purposes. 2. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 3. No Waiver. No waiver of default under this agreement by Grantor or Grantees shall be implied from any omission by any party to take any action with respect to such default if , such default continues or is repeated. 4. Runs with the Land; Successors and Assigns. Grantor intends that this Agreement and the Easement shall run with the land, and the agreements set forth herein shall be binding upon, and inure to the benefit of Grantor, Grantees and their respective heirs, successors and assigns. 5. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. 6. Notices and Addresses. All notices, demands, requests or replies, provided for or permitted by thisAgreementshall be in writing and may be delivered by any one of the following methods: (i) by personal delivery with receipt acknowledged in writing; (ii) by depositwith the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (iii) by deposit with an overnight express delivery service with receipt acknowledged in writing. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective upon return of the receipt. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery service shall be deemed effective at the time of personal delivery. For purposes of notice, demand, request or reply, the addresses of Grantor and Grantee shall be: Page 2 of 7 GRANTOR: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Attention: City Manager With a copy to: JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 1.10 Manhattan Beach, CA 90266 Attention: Michael Jenkins GRANTEES: Rolling Hills Community Association of Rancho Palos Verdes 1 Portuguese Bend Road Rolling Hills, CA 90274 Attention: Association Manager With a copy to: LAW OFFICES OF SIDNEY F. CROFT 3858 Carson Street, Suite 127 Torrance, CA 90503-6705 Attention: Sidney F. Croft Robert Jonas 3 Poppy Trail Road Rolling Hills, CA 90274 Dr. Ronald Sommer 2 Poppy Trail Road Rolling Hills, CA 90274 Dr. Ram Reddy and Roopa Reedy 11 Poppy Trail Road Rolling Hills, CA 90274 Zaffar Hassanally and Theresa Hassanally 6 Poppy Trail Road Rolling Hills, CA 90274 John Lacey and Kathleen Lacey 7 Poppy Trail Road Rolling Hills, CA 90274 Jeffrey and Diane Ullman 14 Poppy Trail Road .Rolling Hills, CA 90274 Page 3 of 7 • • 7. Governing Law. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. 8. Authority/Modification. The Parties represent and warrant that all, necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified only by written agreement. IN WITNESS WHEREOF, Grantor and Grantee. have caused this Grant of Easement to be executed as of the date first written above. "GRANTOR": DATED: B. Allen Lay, Mayor ATTEST: By: City of Rolling Hills, City Clerk APPROVED AS TO FORM: By: City Attorney Page 4 of 7 "GRANTEES" ATTEST: By: Secretary APPROVED AS TO FORM: By: Association Attorney By: Rolling Hills Community Association of Rancho Palos Verdes, President By: Robert Jonas By: Dr. Ronald Sommer By: . Dr. Ram Reedy By: Roopa Reedy Page 5 of 7 By: Zaffar Hassanally By: Theresa. Hassanally By: John Lacey `By: Kathleen Lacey By: Jeffrey Ullman By: Diane Ullman Page 6 of 7 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES On , 2002, before me, , 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 thatby his/her signature on the. instrument the person or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA )ss. COUNTY OF LOS ANGELES On , 2002, before me, , 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 on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public Page7of7 Exhibit A Description of Road Easement For Poppy Trait (private road) Over A. P. N.7567 001 901 A strip of land, thirty feet wide, over that portion of Lot "H" of the Rancho Los Palos Verdes, in the City of Rolling .Hills, County of Los Angeles, State of California, allotted to Jotham Bixby,' by decree of partition in Case No. 2373 of the District Court of the 17th Judicial District and entered in Book 4, page 57 of Judgments, in the Superior Court of said County, said strip being 15 feet, measured at right angles, on each side of the following described centerline: Beginnning at the most westerly corner of Lot 2 of Tract 32071 as shown on the map filed in Book 848, Pages 56 and 57 of Maps in the office of said County Recorder, thence along the Northwesterly boundary of said Lot 2, North 41° 05' 00" East, 15.10 feet to the True Point of Beginning, Said point being the beginning of a non tangent curve concave Easterly with a radius of 89.92 feet, said curve having a radial which bears North- 79° 26' 55" East, thence departing from said. Northwesterly boundary, Northerly along said curve through a central angle of 42° 27' 20", an arc distance of 66.63 feet; thence North 31° 54' 15" East, 25.59 feet to the beginning of a tangent curve concave to the Northwest having a radius of 99.98 feet, thence Northeasterly along said curve through a central angle of 13° 24' 25", an arc distance of 23.40 feet; thence North 18° 29' 50" East, 22.69 feet to the beginning of a tangent curve concave to the Southeast having a radius of 100.00 feet, thence Northeasterly along said curve through a central angle of 9° 58' 09", an arc distance of 17.40 -feet; thence North 28° 27' 59" East, 190.14 feet to the beginning of a tangent curve concave to the West having a radius of 110.31 feet, thence Northerly along saidcurve through a central angle of 32° 43' 35", an arc distance of 63.01 feet; thence North 4° 15' 36" West, 43.12 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet, thence Northerly along said curve through a . central angle of 7° 16' 58", an arc distance of 12.71 feet to a point of compound curve which is the beginning of:a tangent curve concave Southwesterly having a radius of 330.66 feet, thence Northwesterly along said curve through a central angle of 14° 35' 48", an arc distance of 84.24 feet; thence North 26° 08' 22" West, 20.69 feet to the beginning of a tangent curve concave to the Southwest having a radius of 577.97 feet, thence Northwesterlyalong said curvethrough a central angle of 13° 16' 17", an arc distance of 133.87 feet to a point of reverse curve, said point being the beginning of a page 1: of 2 • curve concave to the Northeast having a radius of 50.00 feet, thence Northwesterly along said curve through a central angle of 29° 06' 12", an arc distance of 25.40 feet; thence North 10° 18' 27" West, 61.67 feet to a point on the Easterly line of Lot 90 of the Rolling Hills Tract as shown on the -map recorded in Book 201, Pages 29-35 inclusive of Maps in the office of said County Recorder, said line having the bearing North 4° 00' 00" East, said point being South 4° 00' 00" West, 68.36 feet from the Northerly terminus of said line. Sidelines of said 30 foot strip shall be lengthened or shorten, to terminate at said Northwesterly boundary of Lot 2 of Tract 32071 and said Easterly line of said Lot 90 of the Rolling Hills Tract. Legal Description Prepared By: Bolton Engineering Corp. • L. Ross N. Bolton, RCE 26120 7! .Z (7)6, Date page 2 of 2 1RU B N41 1 LOT 90 ROLLING. HILLS TRACT, U.B. 201 PGS. 29-35 9z C c C z 04'00'00'E 68.S CENTERLINE OF 30' WIDE EASEMENT POPPY TRAIL ROAD (PRIVATE SNat 1) CITY LOT 15.00' LOT 2 Or IRACT 32071. Y.B. a4a . PCS. 56-57 / l / / /// NT OF BEANNING • BEARING AND DISTANCE TABLE No. BEARING DISTANCE N 79'26'55" E 89.92' N 31'54'15" E N 18'29'50" E 25.59' 22.69' N 28'27'59" E 190.14' N 0415'36" W 43.12' N 26'08'22" W 20.69' N 1018'27" W CURVE DATA TABLE 61.67' No. DELTA RADIUS LENGTH TANGENT 42'27'20" 89.92' 66.63' 34.93' 13'24'25" 99.98' 23.40' 11.75' 09'58'09" 100.00' 17.40' 8.72' 32'43'35" 110.31' 63.01' 32.39' 0716'58" 100.00' 12.71' 6.36' • 14'35'48" 330.66' 84.24' 42.35' • 1316'17" 577.97' 133.87' 67.24' • 29'06'12" 50.00' 25.40' 12.98' 0 = 100'