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none, SFR relocation, CorrespondenceSent By: B&S LOMITA; 1 310 530 5482; Jan-28-99 10:25; Page 1/1 41 • COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 24320 S. Narbonne Avenuc quxont,t" Lomita, CA 90717 (310) 534-3760 HARRY W. :STONE, Director January 28,1999 Ms. Lola Ungar Planning Director, City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RELOCATION PERMITS We have reviewed our tiles for the permit record, verifying that no permits were issued during last 8 years for moving of structures on properties addressed on Pinto Lane and Runningbrand in the City of Rolling Hills. If you have any further questions, please call me at (310) 534-3760. Very truly yours, HARRY W. STONE Director of Public Works Irk LATA THAKAR District Engineer REMAX PALOS VER CENTER 13'310 541 6181 • 01 /07/99 14: 29 If : 01 /03 NO: 606 • JANUARY 7. 1999 MS. LOLA UNGER PLANNING COMMISSION CITY OF ROLLING HILLS DEAR LOLA, I AM IN RECEIPT OF A LETTER SENT BY MR. ENNIS. CITY ATTORNEY. IT HAS BEEN FORWARDED TO MY LEGAL REPRESENTATIVE, WHO WILL,BE RESPONDING TO MR. ENNIS. I HAVE TRIED DILIGENTLY. SINCE APRIL 1998. TO GET PERMISSION FROM COUNTY AND CITY OFFICIALS. IN FILLING MY POOL AND SAVING MY HOME FROM COMPLETE DESTRUCTION. TO NO AVAIL!!! WHEN I FIRST CONTACTED RAFAEL AT THE COUNTY. TO SEE ABOUT DIRT TO FILL IN A POOL. WHICH HAD DEVELOPED A CRACK, I WAS TOLD "IMPOSSIBLE - NO IMPORT OF SOIL ALLOWED. HOWEVER ON 63 PORTUGUESE BEND. NOT ONLY WAS THE ENTIRE HILLSIDE GRADED. MANY, MANY TONS OF BOULDERS WERE BROUGHT IN FROM RANCHO PALOS VERDES. WERE PERMITS ISSUED FOR THIS? WORK STOPPED ON THE SITE?? I THEN CONTACTED THE CITY AND COUNTY. REQUESTING PERMISSION AND ASKING FOR PERMITS TO PULL BACK MY HOME 20 FEET. WITHOUT ENCROACHING UNTO SETBACKS ETC, BUT SOLELY ON MY PROPERTY. PERMISSION DENIED. HOWEVER OVER THE PAST 8 YEARS. SEVERAL STRUCTURES AND 2 HOMES WERE MOVED ON THEIR RESPECTIVE SITES ON PINTO LANE AND RUNNINGBRAND. WERE PERMITS ISSUED FOR THIS?? YOU HAVE CONSISTENTLY REFERRED ME TO THE COUNTY. WHICH DEMANDS BOTH GEOLOGICAL AND GEO-TECHNICAL REPORTS. A GEOLOGICAL OPINION WAS RENDERED. NOT ACCEPTED. AT THE SAME TIME. MRS. LAHTA, STATES THE R.H. BLDG. CODE, SECTION 110.2 DENIES THE ISSUANCE OF PERMITS. WERE GEOLOGICAL AND GEOTECNICAL STUDIES PROVIDED ON THE SITES OF THE PINTO AND RIUNNINGBRAND HOMES? I DON'T THINK SO, BUT PERHAPS YOU CAN PROVIDE ME WITH COPIES. I FEEL VERY STRONGLY, THAT I HAVE BEEN SINGLED OUT BY THIS CITY. HAVE SUFFERED TREMENDOUSLY BY YOUR SELECTIVE RULING PHYSICALLY, EMOTIONALLY AND FINANCIALLY. SINCE THERE SEEMS NO END TO THIS ONGOING PUNISHMENT YOU SEEM TO WANT TO INFLICT ON ME, I AM RETAINING LEGAL COUNSEL TO PURSUE THIS MATTER IN THE COURTS AS PREVIOUSLY STATED. REPAIRS TO FOUNDATION WERE TEMPORARILY UNDERTAKEN. PERMITS FOR THIS WERE PREVIOUSLY ISSUED. MY NEIGHBORS. WHO HAVE ABSOLUTELY NO OBJECTION TO MY PULLING THE HOUSE BACK. DID HOWEVER ASK ME TO MAKE THE EMPTY POOL SAFE. DUE TO 11 SMALL CHILDREN LIVING ADJACENT TO REMAX PALOS VER CENTER 15'310 541 6181 411 01/07/99 14:29 5 :02/03 NO:606 • ME. IN MID 1970'S, AFTER THE PREVIOUS HOME BURNED, THE EMPTY POOL WAS USED AS A PLAYGROUND AND A CHILD SUFFERED EXTENSIVE HEAD INJURIES. SINCE I DID NOT GET THE IMPRESSION, THAT THE CITY WOULD ACCEPT LEGAL RESPONSIBILITY FOR ANY INJURIES. I DID WHAT I COULD. WITHOUT BRINGING IN SOIL, TO FILL IN THE POOL. MY ATTORNEY WILL BE RESPONDING TO MR. TENNIS. SINCERELY, MAR ON BUSIA • CityO/ IE'OIft?Zf iEL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com FAX & MAIL August 23,1999 Mr. John O. Schuricht, President Palos Verdes Engineering 27520 Hawthorne Boulevard, Suite 130 Rolling Hills Estates, CA 90274 SUBJECT: IMPORTATION OF SOIL 6 RUNNTNGBRAND ROAD, ROLLING HILLS, CA Dear Mr. Schuricht: In response to your letter of August 18, 1999, and in accordance with Section 15.04.170 (Fill Slope) of the Rolling Hills Municipal Code, this letter is to inform you that up to a maximum of 100 cubic yards of imported fill soil may be used to repair the grade of the easement or "fire road" between the Busia property at 6 Runningbrand Road and the Pederson property at 4 Runningbrand Road to allow access for emergency vehicles. Please call me if you have any further questions at (310) 377-1521. Your cooperation is appreciated. Sincerely, Lola Ungar Planning Director cc: Mr. Craig Nealis, City Manager Mr. Rafael Bernal, District Engineering Associate Mrs. Marion Busia Printed on Recycled Paper. • • prnPALOS Nu VERDES �11 Engineering Civil and Structural Consulting August 18, 1999 City of Rolling Hills 2 Portugese Bend Road Rolling Hills, CA 90274 Attention: Ms. Lola Ungar HUNE—Bs‘ AUG 1 9 1999 CITY OF ROLLING HILLS qv 27520 Hawthorne Blvd. Suite 130 Rolling Hills Estates California 90274 pvec@earthlink.net 310 541 5055 310 541 0321 FAX Subject: IMPORTATION OF SOIL 6 Running Brand Road, Rolling Hills, CA 90274 Dear Ms. Ungar: F.N. 2-98-0729 This letter is in response to your July 27, 1999, fax to our office regarding the soil currently being stored at 6 Running Brand Road. We understand that this soil was leftover from a recent road repair project close to this address and that it is being temporarily stored adjacent to the driveway at 6 Running Brand prior to its being used to repair a fire road. The fire road which runs between the Busia property at 6 Running Brand and the Pedersen property at 4 Running Brand has subsided and emergency vehicles can no longer use this fire road. For this reason, approximately one hundred cubic yards of fill soil will need to be added to the fire road in order to repair the grade. This use of imported soil falls within Paragraph 4 of Section 7015.4, which you called to our attention. We believe that this project does not require a grading permit because the fill will be less than three feet and cover less than two thousand square feet. The purpose of the import is that it is necessary to avoid the further subsidence of the fire road which would be a safety problem. For these reasons, we respectfully request that the City of Rolling Hills grant an exception in this case. If you need any additional information from our office, please do not hesitate to call. Very truly yours, PALOS VERDES ENGINEERING CORPORATION N John O. Schuricht, President Structural Engineer 2391 • COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. — P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024 CONNY B. McCORMACK REGISTRAR.RECORDERI000NTY CLERK Dear Property Owner: Enclosed is your original document which has been officially recorded by this office. Please accept our apology for the delay in mailing back your document. The recent upswing in the real estate market has resulted in a 20-30% increase in the number of documents presented for recording. We are in the process of hiring and training additional staff to keep up with this workload of up to 15,000 documents per day. Our office is required by law to maintain a permanent record of each recorded document. At the beginning of this year we converted to a computerized scanning/imaging system to replace our former process of microfilming documents for retention purposes. We encountered a number of complications due to installation of the new system which resulted in falling behind in mailing original documents back to the public. The new system will be more efficient once it is fully implemented as designed. One of the requirements of the new system is attaching a "lead sheet" to each recorded document. This lead sheet contains the official stamp verifying that your document has been recorded. Therefore, the lead sheet, which is stapled to your document, has become the official first page of your recorded document. Because 90% of all documents are mailed back to the originator in a window envelope, the lead sheet is usually folded over to the back of your document to reveal your mailing address which now appears on the second page of most recorded documents. Thank you for your patience as we work to clear up the backlog of documents awaiting mailing. If you have any questions, please call (562) 462-2028 between 8:00 a.m. and 5:00 a.m. Sincerely, CONNY B. McCORMACK Registrar-Recorder/County Clerk M:d Enclosure RECORDING REQUESTED BY & MAIL TO CITY OF ROLLING HILLS #2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 99 0495818 Space above this ine for Registrar-Recorder`s use. COVENANT AND AGREEMENT f IN CONSIDERATION FOR THE ISSUANCE OF A BUILDING OR GRADING PERMIT IN AN AREA SUBJECT TO PHYSICAL HAZARDS OF A �/ GEOLOGICAL NATURE. /� The under signal Mr/D, / c 14 (does) (de) hereby certify to be the awner(e) of the hereinafter legally described real property located In the County of Los Angeles, State of Cailfomla: as recorded In Book . Page YO t , Records of Los Angeles County commonly known as 2unn 14 616 R.45t13 /21) X otbiA was ('A carry and having knowledge of the fact that the records of the Department of Public Woman, County of Los Angeles, Indicate that the above described property is located within en area that is subject to physical hazards of a geological nature. And, in cc J . for the issuance of a (gracing permit) (building permit) for (dome* nor* b be pert rmec9 , (I) (we) do hereby covenant and agree to and do hereby relieve the County of Los Angeles and all officers and employees thereat of any lability for any damage or loss which may result from the issuance of such permit This Covenant and Agreement shays run wllh the land and shall be binding upon the undersigned, any future owners, enoumbrancers, their successors, heirs or assignees and shall continue in effect until such time as the Building Official records In the office Of the County Registrar -Recorder a statement that he Linde such geologic hazard no longer exists. Owner. Owner. arkpvi signers. Owner Owner All the signatures are to be acknowledged before a Notary Public. If a corporation, the corporate form of acknowledgement shall be used. Form B: For use when issuing a Building or Grading Permit under provisions of Section 110.23.3 or Section 110.2.3.8, Title 28 of Los Angeles Code. For office use only Plan Check No.: Permit No.: Area: Date: Dale: Use: Approved By: FORM B-SEC. 110.2.3.3 or SEC. 11023.e t197 Writ Data: Signature I, I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ili 99 0495818 sSGYCS : �Y Gt: Gt: r Y: tt. c s: cs c«cscc es cs �c ec cc �s c sacer�. c :. ri. G� c.w.. cs . Gt �. cs: cl c• Y,7 State of California County of On Date personally! appeared -/ before me, Tr22n8) V. ' F:`;7U::1J\ •`\ Ccrnm :.cn;r 11E17.3-1 h•'c'. rub., - Cc'(:cm'a Ccun:y r Place Notary Seal Above }ss Name and Title of Officer (e.g., 'Jane Doe, Notary Publi U,SII�% me(s) of Signer(s) sonally known to me Eenceroved to me on the basis of satisfactory v ence 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, execute» the instrument. IT ESS y ha = d official se OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Signature of Notary Pub is Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: 01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Number of Pages: Top of thumb here Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 • • City ofieffiny FRANK E. HILL Mayor THOMAS F. HEINSHEIMER Mayor Pro Tern B. ALLEN LAY Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember March 19,1999 Mrs. Marion Busia 11 Outrider Road Rolling Hills, CA 90724 Dear Ms. Busia: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail: cityofrh@aol.com We have enclosed a copy of a letter we received from the County of Los Angeles setting forth the process for the County to approve the relocation of your structure on your property at 6 Running Brand Road. Under Paragraph Two, the County has listed several conditions. First, the County is requiring comments from your engineers that no damage to surrounding structures will occur. The County has advised me that you have satisfied this requirement. Additionally, you will be required to sign waiver forms (enclosed). Finally, you will need to supply a statement, in writing, indicating and describing that the proposed repairs to your structure will not exceed 25% of the value of the existing structure. Therefore, by complying with the conditions under Paragraph Two, the conditions under Paragraph Three should not be an issue. You must, however, submit appropriate engineering plans, as described under Paragraph 4, for County review and approval, prior to commencing with this project. The remaining comments in the correspondence are self-explanatory. ®Panted en Recycled Paper_ • • Page 2. March 19,1999 We look forward to assisting you with this project. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. Sincerely, YI/W4 Craig R. Nealis City Manager CRN:mlk 03/18/99busia.ltr cc: City Council Mike Jenkins, City Attorney Lola Ungar, Planning Director John Kelly, Superintendent of Building Lata Thakar, District Engineer Rafael Bernal Major A. Langer John O. Schuricht Keith Ehlert CPJNTY OF LOS ANGERS DEPARTMENT OF PUBLIC WORKS HARRY W. STONE, Director March 18, 1999 Mr. Craig R. Nealis City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. Nealis: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 ECEllU MAR 1 81999 CITY OF ROLLING HILLS RELOCATION OF EXISTING UNOCCUPIED RESIDENCE #6 RUNNING BRAND ROAD, ROLLING HILLS ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: B-0 As you know, on March 10, 1999, a meeting was held at City Hall to consider a request by Ms. Busia to relocate her residence at the subject site in order to salvage the building. Following is our recommendation on how to proceed in this matter. 1. The City of Rolling Hills Building Code, Section 110.2, prohibits issuing permits in areas subject to geologic hazards, except under certain conditions. 2. The structure is on the edge of a downhill slope and the foundation has lost support due to slippage of the ground. In order to issue a permit to relocate the structure and to continue occupancy, compliance with Sections 110.2.1 and 110.2.3.3 of the City Building Code must be demonstrated and approved by the City. 3. If compliance with Sections 110.2.1 and 110.2.3.3 of the City Building Code is not possible, a permit may be issued to relocate the building for the sole purpose of salvaging the structure. In this case, the relocated building will be immediately "Yellow -tagged" to indicate that only limited entry by authorized personnel will be allowed (this would include licensed contractors performing work under a permit). Entry by the owner will be permitted for emergency purposes only and only at the owner's own risk. Entry by the general public will be prohibited. Occupancy on a continuous basis by any party will be prohibited (owner, renter, leasee). This shall be agreed to in writing by the owner. • • Mr. Craig R. Nealis March 18, 1999 Page 2 4. Issuance of any permit will be contingent on the receipt of acceptable plans and an engineering report/calculations prepared by a registered civil or structural engineer, in addition to the geotechnical reports required by Section 110.2 of the Building Code. 5. If at any time the building suffers damage to the extent that it becomes unsafe as defined under Section 102 of the City Building Code, the Building Official will immediately "Red -tag" the structure, thus prohibiting entry or occupancy by any party. 6. Any violation of the conditions listed herein will cause the Building Official to record a Notice of Violation against the property and to bill the owner for the associated costs of this enforcement action. I. hope this information is of assistance to you. If you have any questions, please contact Lata Thakar, Lomita Building and Safety Office Manager, at (310) 534-3760. Very truly yours, HARRY W. STONE Director of Public Works dr"16-- JOHN KELLY Superintendent of Building JK bspub/admin/dlaz/nealis cc: City Attorney • • WHEN RECORDED, RETURN TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 ASSUMPTION OF RISK, RELEASE AND INDEMNITY THIS ASSUMPTION OF RISK, RELEASE AND INDEMNITY is made this , day of , 1999, by and (hereinafter referred to as "Property Owner") in favor of the City of Rolling Hills ("City"), a municipal corporation and the County of Los Angeles ("County".), a political subdivision of the State of California. RECITALS: A. Property Owner's property consists of Lot of Tract , or Assessor's parcel: Book , .Page , Parcel , together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as Rolling Hills, California ("the property") . B. Property Owner's property is located within an area where landslides and geologic damages have occurred in the past and where further landsliding and damages may occur. Property Owner recognizes and understands that the records of the County of Los Angeles, Department of Public Works indicate that the above property is located within an area that is subject to physical hazards of a geologic nature. The City has made available to Property Owner all public files in its custody relative to the geologic stability of the property and the area surrounding the property, and Property Owner acknowledges that she has had the opportunity to undertake any and all further geologic investigation she deems necessary precedent to undertaking repairs and rehabilitation of the structure on the property. C. Property Owner's home on the property has been damaged by the active landslide and Property Owner desires to take certain actions in order to relocate, repair and rehabilitate this structure for which a building permit is required. Without such work, Property Owner's home will be remain uninhabitable and be destroyed. D. Property Owner desires to assume all risk relating to and arising from the issuance of a building permit for said • • relocation and repair work. E. As'an accommodation to Property Owner, so as to alleviate the hardship associated with probable destruction of the structure in its current location, City is willing to allow the relocation and repair as proposed to maintain the home in an inhabitable condition, and Property Owner desires to limit the City's potential liability arising from any claim that the City acted negligently or improperly in issuing a building permit to Property Owner under the above -described circumstances. F. Both Property Owner and City Assumption of Risk, Release and Indemnity does from any future acts of negligence on City's solely to the issuance of a building permit relocation, repair and rehabilitation of the property. agree that this not exculpate City part, but applies for the specified structure on the NOW, THEREFORE, as inducement for City by and through the County of Los Angeles Department of Public Works ("County") to grant a building permit, Property Owner agrees as follows: 1. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, and loss of any and all expenditures in any manner arising out of, attributable to, or relating to the City's and County's granting of a building permit for the proposed relocation and repair work. Property Owners' Initials 2. Release. Property Owner hereby releases and discharges City, its officers, employees and agents, and County of Los Angeles, its officers, employees and agents from any and all claims for losses, damages or liabilities of or to the property or undersigned Property Owner (whether for damages to the property, personal injury, expenses, attorneys' fees or otherwise) arising out of, attributable to, or relating to the granting of a building permit for the proposed relocation, repair and rehabilitation work. Property Owner hereby expressly waives the right to assert any claim or bring any action of any nature whatever against the City, its officers, agents and employees and/or the County, its officers, agents and employees for any damages or losses of any kind arising out of the issuance of a building permit and the work performed pursuant thereto. This release includes, but is not limited to, any claims -2- 990319 MJ ARAREL.MJ • • arising from the City's negligence in issuing the permit. Property 'Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees and agents, and the County, its officers, employees and agents, for any damages or losses of any kind attributable to the issuance of a building permit and the work performed pursuant thereto. Property Owners' Initials 3. Indemnity. Property Owner hereby agrees to defend, to indemnify and to hold harmless City, its officers, employees and agents, and County, its officers, employees and agents from and against any losses, damages or liabilities, including interest, penalties and attorney fees, arising out of, attributable to, or relating to the granting of a building permit and the relocation and repair work performed pursuant thereto, including, but not limited to, claims, losses or damages asserted by third parties and adjoining property owners, Property Owners's guests, invitees, tenants and permitees (whether for property damage or personal injury). Property Owners' Initials 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument or expressly declines to secure the advice of legal counsel, understands the contents hereof and waives the right to legal 'counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for issuance of a building permit to relocate and repair Property Owner's home that would otherwise not be issuable due to the location of the home in a landslide area. Property Owners' Initials 5. Binding Effect. Property Owner agrees and acknowledges that this instrument shall be recorded against the title of the subject property in the official records of the Los Angeles County Recorder. This instrument shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the subject property or any portion thereof, and shall constitute notice of the landslide conditions that affect the property. This instrument shall be terminated or modified only -3- 990319 MST ARAREL.MJ • • upon the express written consent of City and County. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall provide any such purchaser, lessee or transferee with a copy of this instrument. Property Owners' Initials I UNDERSTAND THAT BY SIGNING THIS INSTRUMENT, I AM FOREGOING MY LEGAL RIGHTS. I UNDERSTAND THAT MY PROPERTY IS LOCATED IN A LANDSLIDE AREA AND THAT ORDINARILY THE CITY AND COUNTY WOULD NOT ISSUE A PERMIT FOR THE WORK I WANT TO DO ON MY PROPERTY, I UNDERSTAND THAT THE CITY AND COUNTY HAVE AGREED TO ISSUE A BUILDING PERMIT BECAUSE I RAVE RELEASED BOTH ENTITIES FROM ANY LIABILITY FOR PROPERTY DAMAGE, PERSONAL PROPERTY DAMAGE AND PERSONAL INJURY; INCLUDING LIABILITY ARISING FROM ITS OWN NEGLIGENCE IN ISSUING THE PERMIT. I UNDERSTAND THAT AS A RESULT OF SIGNING THIS INSTRUMENT I DO NOT HAVE THE RIGHT TO SUE THE CITY OR COUNTY IN CONNECTION WITH THE BUILDING PERMIT OR THE WORK IT AUTHORIZES. I UNDERSTAND THAT I AM RESPONSIBLE FOR PROTECTING'THE CITY AND COUNTY AGAINST PERSONAL INJURIES TO MY NEIGHBORS, GUESTS AND INVITEES AND DAMAGES TO THEIR REAL AND PERSONAL PROPERTY. Property Owners' Initials IN WITNESS WHEREOF, Property Owner has executed this assumption of risk, release and indemnity on the date first written above. -4- 990319 MI ARHREL.MJ ("Property Owner") • • STATE OF CALIFORNIA ) ) . s s COUNTY OF LOS ANGELES ) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the person whose name within instrument and acknowledged that same. Witness my hand and official seal. Signature -S- 990319 MJ ARiEREL.MJ was subscribed to the executed the RECORDING REQUESTED BY & MAIL TO Space above this Inc for Regiatrar-Recorder's use. COVENANT AND AGREEMENT IN CONSIDERATION FOR THE ISSUANCE OF A BUILDING OR GRADING PERMIT IN AN AREA SUBJECT TO PHYSICAL HAZARDS OF A GEOLOGICAL NATURE. The under signed (does) (do) hereby certify to be the owner(s) of the hereinafter regally described real property located in the County of Loa Angeles, State of California: as recorded in Book . Page Records of Los Angeles County commonly known as Silber Acetr tcciiMbf and having knowledge of the fact that the records of the Department of Public Works, County of Los Angeles. Indicate that the above described property is located within en area that is subject to physical hazards of a geologicel nature. And, In consideration for the lvsuance of a (grading permit) (building permit) for (deeorlbe work b be yerfFsmaRq , (I) (we) do hereby covenant and agree to and do hereby relieve the County of Los Angeles and ail officers and employees thereof of any Ilabiflty for any damage or loss which may result from the issuance of such permit This Covenant and Agreement shall run with the land and shall be binding upon the undersigned, any future owners` enoumbrancers, their successors, heirs or assignees and shall continue in effect until such time as the Blinding Olfidd records In the office of the County Registrar -Recorder a statement that he ends such geologic hazard no longer erdsta. Owner. Owner. Owner. Owner. All the signatures are to be acknowledged before a Notary Public. If a corporation, the corporate form of acknowledgement shall be used. Form B: For use when issuing a Building or Grading Permit under provisions of Section 110.2.3.3 or Section 110.2.3.6, Title 28 of Los Angeles Code. For office use only Plan Check No.: Date: Arwe+eci er FORM 0-SEC. 110.2.3.3 or SEC. 11023.E 1197 Permit No Date: rT1 Area: Use: Date: Signature COUNTY OF LOS ANGELE• DEPARTMENT OF PUBLIC WORKS HARRY W. STONE, Director March 18, 1999 Mr. Craig R. Nealis City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. Nealis: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 1 EgEOVF-[1 MAR 1 81999 CITY OF ROLLING HILLS qv RELOCATION OF EXISTING UNOCCUPIED RESIDENCE #6 RUNNING BRAND ROAD, ROLLING HILLS ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: B-0 As you know, on March 10, 1999, a meeting was held at City Hall to consider a request by Ms. Busia to relocate her residence at the subject site in order to salvage the building. Following is our recommendation on how to proceed in this matter: 1. The City of Rolling Hills Building Code, Section 110.2, prohibits issuing permits in areas subject to geologic hazards, except under certain conditions. 2. The structure is on the edge of a downhill slope and the foundation has lost support due to slippage of the ground. In order to issue a permit to relocate the structure and to continue occupancy, compliance with Sections 110.2.1 and 110.2.3.3 of the City Building Code must be demonstrated and approved by the City. 3. If compliance with Sections 110.2.1 and 110.2.3.3 of the City Building Code is not possible, a permit may be issued to relocate the building for the sole purpose of salvaging the structure. In this case, the relocated building will be immediately "Yellow -tagged" to indicate that only limited entry by authorized personnel will be allowed (this would include licensed contractors performing work under a permit). Entry by the owner will be permitted for emergency purposes only and only at the owner's own risk. Entry by the general public will be prohibited. Occupancy on a continuous basis by any party will be prohibited (owner, renter, leasee). This shall be agreed to in writing by the owner. • • Mr. Craig R. Nealis March 18, 1999 Page 2 4. Issuance of any permit will be contingent on the receipt of acceptable plans and an engineering report/calculations prepared by a registered civil or structural engineer, in addition to the geotechnical reports required by Section 110.2 of the Building Code. 5. If at any time the building suffers damage to the extent that it becomes unsafe as defined under Section 102 of the City Building Code, the Building Official will immediately "Red -tag" the structure, thus prohibiting entry or occupancy by any party. 6. Any violation of the conditions listed herein will cause the Building Official to record a Notice of Violation against the property and to bill the owner for the associated costs of this enforcement action. I hope this information is of assistance to you. If you have any questions, please contact Lata Thakar, Lomita Building and Safety Office Manager, at (310) 534-3760. Very truly yours, HARRY W. STONE Director of Public Works de"5-- JOHN KELLY Superintendent of Building JK bspub/admin/diaz/nealis cc: City Attorney • • City of Rolling 9fiC(s DATE: March 3, 1999 TO: Marion Busia INCORPORATED JANUARY 24,1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET TIME SENT: 4:50 p.m. FROM: Craig R. Nealis City Manager CC: •Mike Jenkins, City Attorney • Kevin Ennis Assistant City Attorney ■ Lata Thakar, District Engineer ■ Mike Montgomery County of Los Angeles ■ Keith Ehlert Consulting Geologist FAX: OPERATOR: SUBJECT: Response to fax dated 3/3/99 and 3/10 meeting REMARKS: Dear Mrs. Busia, Thank you for your fax on March 3`d. We apologize for the appearance that we have not responded to your concerns. We have attached a response from the County of Los Angeles that was in response to the information that was submitted by your geologist on 2/3/99. The County provided this response on 2/11/99. As you will notice in the distribution at the top right hand corner of the County response, a copy was forwarded to your geologist. Planning Director • Lola Ungar hand carried your report to the County on the day that it was submitted to City Hall. According to District Engineer Lata Thakar, further information is required for the County to consider your request. She further expresses that this has been communicated to your geologist. TOTAL PAGES (including cover sheet): 4 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 • • At this point, there is not an application that has been filed that would necessitate City Council review. Therefore, there will not be a specific item on the next City Council agenda. However, on every City Council agenda, there is a provision for comments from the audience. You are more than welcome to attend any City Council meeting and express your concerns. As we discussed on the telephone, we have established a meeting with you, your geologist, the County, the City Attorney, Planning Director Lola Ungar and me on Wednesday, 3/10 at 3:00 p.m. at City Hall to further discuss your proposal. I look forward to seeing you at that meeting. As always, the City and the County stand ready to expeditiously review any information provided by your consulting geologist. Should you wish to discuss this further, please do not hesitate to contact me at Rolling Hills City Hall at (310) 377-1521. Thank you for your correspondence. FEBRUARY 6, 1999 CITY OF ROLLING HILLS LOLA UNGER PLANNING DIRECTOR RE: 6 RUNNINGBRAND RD. ROLLING HILLS DEAR LOLA, fpgMHIn] FEB 0 8 1999 CITY OF ROLLING HILLS IT HAS BEEN AN EXTREME HARDSHIP, BUT I WAS ABLE TO OBTAIN A GEOTECHNICAL REPORT AS WELL AS A REPORT FROM A STRUCTURAL ENGINEER. BOTH OF THESE FIRMS ARE MOST QUALIFIED AND PEFORM CONTINUOUS STUDIES IN THE AREA OF PALOS VERDES AND ROLLING HILLS SPECIFICALLY. I HEREBY RESPECTFULLY RESUBMIT MY REQUEST, TO REPAIR SOME OF THE FOUNDATION AND PULL THE HOME FORWARD, STILLVITHIN THE BOUNDARIES AND SET BACKS OF MY PROPERTY. COPIES OF BOTH OF THESE REPORTS ARE ALSO BEING SUBMITED TO MS. LAHTA THAKAR AT THE COUNTY OFFICES. I LOOK FORWARD TO HEARING YOUR POSITIVE RESPONSE AND REMAIN SINCERELY,nn,n,�-��^' /U�-1 ARION BUSIA 11 OUTRIDER ROLLING HILLS, CA. CC: CRAIG NEALIS, CITY MANAGER LAHTA THAKAR, COUNTY ENGINEER MAJOR LANGER, ATTORNEY AT LAW 11/02/98 MON 09:53 FAX 6265795445 • ij ool OCTOBER 27, 1998 COUNTY OF LOS ANGELES BUILDING & SAFETY 24320 NARBONNE AVE. LOMITA, CA 90717 DEAR MRS. THAKAR, RECEIVED O C T 3 0 1993 Building and Safety/ Land Development Division IN RESPONSE TO YOUR LETTER DATED 10/27/98, I WOULD LIKE TO SHARE THE FOLLOWING LETTER WITH YOU, WHICH IS A GEOLOGICAL OPINION OF A.G. KEENE, PREVIOUSLY ASSOCIATED WITH THE COUNTY OF LOS ANGELES, AND NOW A CONSULTANT. HE HAS BEEN MY CONSUL- TANT ON THIS PROPERTY FOR MANY YEARS. HAVING MET AGAIN WITH THE CITY MANAGER OF ROLLING HILLS THIS MORNING, MAKING HIM AWARE OF MR. KEENE's OPINION, I WOULD VERY MUCH APPRECIATE THE OPPORTUNITY TO MEET YOU AT THE PROPERTY, MR. KEENE WILL ALSO BE AVAILABLE FOR THIS MEETING, AS WILL MY ARCHITECT, CHRIS GUNDERSEN. SINCERELY, MARION BUSIA "gnu • Post -It' brand fax transmittal memo 7671 I # of pages To G,�� • From Co. Co. Dept. Pgone 3 Fare Fax # COUNTY OF LOS ANGELS DEPARTMENT OF PUBLIC WORKS 24320 S. Narbonne Avenue Lomita, CA 90717 (310) 534-3760 HARRY W. STONE, Director October 26, 1998 Ms. Marion Busia ReMax Palos Verdes 65 Peninsula Center Rolling Hills Estates, CA 90274 Dear Ms. Busia: [A E D OCT 2 3 1998 CITY OF ROLLING HILLS Rv REQUEST FOR PERMIT TO RELOCATE EXISTING STRUCTURE 6 RUNNINGBRAND ROAD, ROLLING HILLS In response to your request to relocate the existing residence and attached garage to another location on the subject property, we have investigated the conditions at the site. The proposed location would place the structure over the existing swimming pool which is now adjacent to the residence. Our observations are as follows: 1. This is a hillside lot and the structure is located on the edge of a downhill slope. The residential structure is now supported by steel girders which are attached to railroad tie cribbing. There is no foundation. The structure is tilting due to slippage and the loss of supporting ground caused by an active landslide. The residence is unoccupied and vacant. 2. The swimming pool is cracked and tilting indicating substantial ground movement in the area of the swimming pool. 3. The subject property is located within the active Flying Triangle landslide area which constitutes a geologically hazardous condition. 4. The City of Rolling Hills Building Code, Section 110.2( prohibits issuing permits in areas subject to geologic hazardous conditions. We recommend that you seek the advice of a registered Geotechnical Engineer immediately to determine the feasibility of salvaging this structure. This consultant will need to prepare a report and plans thoroughly describing his findings and recommendations. • • Ms. Marion Busia October 26, 1998 Page 2 The geotechnical report must also address the condition of the private sewage disposal system and the effect of any proposed remedial measures on adjacent properties. Please submit the report and plans to our Building and Safety office at 24320 S. Narbonne Avenue, Lomita, CA 90717, for review and approval. I hope this information is of assistance to you. If you have any questions, please contact the undersigned at (310) 534-3760. Very truly yours, HARRY W. STONE Director of Public Works LATA THAKAR District Engineer DB:sg RELOCATE cc: City of Rolling Hills (Craig Nealis) 11/02/98 MON 09:53 FAX 6265795445 la 002 RECEIVED r OCT3U 1998 Pre -escrow Building and Safety! residential development • Land DevelopmentDivision A. G. KEENE Consulting Engineering Geologist 2601.E. Victoria St., #308 Rancho Dominguez, California 90220 (310) 537-6615 FAX: (310) 537-6615 Marion Busia # 6 Rtmning Brand City of Rolling Hillas, CA 90274 environmental geohydrology • . a 1998 �dDov iopmenit Division August 4, 1998 Subject: Geologic Status of # 6 Running Brand. As you know, # 6 Running Brand is affected by land movement into Paint Brush Canyon. This movement began as early as 1984 as a result of heavy rains in 1983. Also, you know that the so-called Flying Triangle Landslide experienced movement in March, 1980 and is continuing to this day. Most geologists include Paint Brush Canyon Landslide as part of the Flying Triangle Landslide, but, in my opinion, they are separate. However, for convenience, we may define the Paint Brush Canyon Landslide as a southwestern segment of the Flying Triangle Landslide. The basic boundary of this Flying Triangle Landslide was known in 1946 as mapped by the United States Geological Survey. When 1 first observed your site it became obvious that the Paint Brush Canyon south western segment developed a fissure immediately in front of the home facing the canyon. Efforts were made to support the existing foundation by cribbing and hydraulic jacks, with the tacit approval of the County. Observations made last week showed the fissure developed into a 15-foot high scarp, but the house and foundation remain pretty much at its original elevation which indicates the cribbing support has been performing quite well since 1980. Your present concern is that another fissure may develop beyond the 15-foot high scarp and under the house and swimming pool. From my understanding, it is your desire to move the house off its present site and re-establish an adjustable foundation system on that portion of the lot not so heavily fissured, but still involved 1 11/02/98 MON 09:53 FAX 6265795445 • • 003 with land movement towards the canyon. This seems perfectly reasonable in order to save this beautiful. home. Past performance of the subfoundation cribbing clearly shows its beneficial effect for the preservation of the structure. Indeed, a half dozen homes or more on the Flying Triangle Landslide have utilized this method for saving the homes from continued landslide movement. It is my understanding that you must apply for a Small Business Loan associated with FEMA, located in Sacremento, in order to move your house onto a safer portion of your lot. The new site would be far removed from the 15-foot scarp and will not interfere with other properties„ as we discussed in the field last week. I do recommend that this change on -site be made as soon as possible during the dry summer months. As you know, I was the County Geologist with Los Angeles County, Dept. of County Engineer at the time of the initial landslide movement and until my retirement in 1991. I am fully knowledgeable of the mechanics of this movement and wrote an article on it, entitled "Flying Triangle Landslide, City of Rolling Hills" which was published by the Geological Society of America in their Guide Book and Volume published by the Cordilleran Section at their 82nd annual meeting on March 25 and 28, 1986 in Los Angeles. The publication is titled Landslides and Landslide Mitigation in Southern California. I no longer have a copy of this Guide Book, but the Small Business Loan people can readily obtain a copy from their Sacremento headquarters. It can also be obtained from local universities near Sacremento. The publication was printed by Comet Reproduction Service, Santa Fe Springs, CA 90670. A copy may also be available in the Department of Geology, California State University Los Angeles, Los Angeles, CA 90032. Refer to 1986 GSACS Guidebooks, do Department Head. Respectfully, A. G. K P. S. Perhaps , \ Business Lap, .zneese ived by them they will comment as to what is needed. g.E u GF'a 04-17(.7.--KO:Z CERT; j::L: :p E1NG1N.EE':r;,�, 1 �� CEOLC' ] I .i � I _ ; .r Exp.€". T.v _ o o emo willjerve:as the Geologic Report required for the Small Busiamem 2 • City 0/ Rotliny GORCA v..A SWANSON Mayor JODY %MLRDOCK Mayor;-rz Tern GINNY :.EEUWENBURGH Counchrornan THOMAS F. HEINSHEIMER Councilman GODFREY FERN ELL Counclman December 1, 1992 Dr. Jurg Frey 52 Portuguese Bend Road Rolling Hills, CA 90274 SENT TO ATTACHED LIST INCORPORATED JANUARY 24, 1957 NC 2 PORTUGUESE BEND ROAD SLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 Ducar Dr. Frey: As in past years, with the approach of the rainy winter season, residents in the Flying Triangle area are urged to fill any ground fissures which may exist on your property. Fissures facilitate the infiltration of rain water into the slide plane which can have the effect of accelerating landslide movement. Filling fissures can also reduce the opportunities for inzuries on your property. Please consider filling fissures on your property at the earliest possible -.2.me. Should you have any questions or require further information, please do not hesita.e to contact this olice. Sincerely, Craig R. Nealis Cr:), Manager CRN:mlk corres.cm\fissure.ltr merge:a:sign.nam • Dr. Jurg Frey 52 Portuguese Bend Road Rolling Hills, CA 90274 Mr. Jerry Marshak 63 Portuguese Bend Road Rolling Hills, CA 90274 Mr. Cesar Inducil 4 Ranchero Road Rolling Hills, CA 90274 Mr. & Mrs. Charles Raine 2 Pinto Road Rolling Hills, CA 90274 Mr. & Mrs. Henry Randazzo 1 Runningbrand Road Rolling Hills, CA 90274 Ms. Marion Busia 6 Runningbrand Road Rolling Hills, CA 90274 Mr. & Mrs. K. Thomas 73 Portuguese Bend Road Rolling Hills, CA 30274 Mrs. Edmond Doak 56 Portuguese Bend Road Rolling Hills, CA 90r4 Mr. Joseph Johnson 1 Ranchero Road Rolling Hills, CA 90274 Dr. & Mrs. Laurence David 5 Ranchero Road Rolling Hills, CA 90274 Dr. & Mrs. F. W. Hartwig 3 Pinto Road Rolling Hills, CA 90274 Mr. & Mrs. Roy Campbell 3 Runningbrand Road Rolling Hills, CA 90274 Mr. & Mrs. M. Joel Munch 1 Wrangler Road Rolling Hills, CA 90274 Mr. & Mrs. Herbert Agid 60 Portuguese Bend Road Rolling Hills, CA 90274 Mr. Alfred Marin 2 Ranchero Road Rolling Hills, CA 90274 Mr. & Mrs. Michael Menn 1 Pinto Road Rolling Hills, CA 90274 Mr. Ronald Dessy 4 Pinto Road Rolling Hills, CA 90274 Dr. & Mrs. Arthur Pederson 4 Runningbrand Road Rolling Hills, CA 90274 Mr. Howard Slusher 2 Wrangler Road Rolling Hills, CA 90274