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1100RESOLUTION NO. 1100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING A PORTION OF PROPERTY LOCATED ALONG POPPY TRAIL, SOUTH OF SADDLEBACK ROAD AND HAVING A.P.N 7567-001-901 Section 1. The City Council finds and declares that: A. On June 14, 2010, the California Joint Powers Insurance Authority (CJPIA) filed an application for a project requesting, inter alfa, that the City Council convey a portion (173,998 square feet, (3.99 acres)) of a City -owned lot, having an APN 7567-001-901, more specifically described in the proposed Quitclaim Deed attached to this Resolution as Exhibit A ("Conveyance") to the CJPIA pursuant to a Settlement Agreement between the City, the CJPIA, the Rolling Hills Community Association and certain property owners pertaining to the remediation of a landslide that occurred in 2005 ("Settlement Agreement"). B. The City Council reviewed the environmental impacts of the Conveyance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and adopted a Mitigated Negative Declaration on September 21, 2010 ("MND"). C. Pursuant to Government Code § 65402(a), the Conveyance was reviewed by the Planning Commission for conformity with the General Plan and the Rolling Hills Municipal Code ("RHMC") at its regular meeting on November 16, 2010, and the Planning Commission found that the Conveyance conformed to the General Plan and the RHMC. The City Council hereby accepts the report of the Planning Commission as set forth in its Resolution No. 2010-28. The Conveyance is not subject to the requirements of Government Code Section 54220 et seq. which require cities to offer surplus property for sale for open space and affordable housing prior to disposing of it. The Conveyance property is not surplus property within the meaning of Government Code Section 54221, subdivision (b) because the City requires the Conveyance property for a public purpose, namely it is necessary to use the property in order to resolve the nuisance condition that resulted from the 2005 landslide affecting the City property (APN 7567-001-901) and Poppy Trail Road. Implementation of the Settlement Agreement will ensure that the entire landslide is remediated and is no longer a nuisance condition within the City. Further, the Settlement Agreement will also resolve a lawsuit that was filed by property owners served by Poppy Trail Road. The Conveyance is needed to fulfill certain conditions and requirements of the Settlement Agreement and without it the Conveyance the nuisance condition could persist indefinitely. D. Further, the Conveyance of the property in this matter meets the spirit and intent of Government Code Section 54220 et seq. which requires offering surplus property for sale for open space and affordable housing prior to disposing of it because: 1. A substantial portion of the Conveyance will be restricted to remain open space and the remainder of the property will be developed consistent with the rural residential requirements of the City; and 2. The Conveyance is unsuitable for affordable housing because it is a steeply sloped property that is unusable for multi -family development, is zoned Residential Agricultural Suburban (one dwelling unit per 2 acres) and is currently impacted by a landslide that extends to neighboring properties. Resolution No. 1100 - 1 - E. The City finds that the Conveyance is for the common benefit and that the City Council has the authority to dispose of this property pursuant to Government Code Section 37350. SECTION 2: The City Council of the City of Rolling Hills hereby authorizes the Mayor to execute the quitclaim deed (attached hereto as Exhibit A) approving the Conveyance to the CJPIA. SECTION 3: This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED by the City Council ofthe Ci of Rolling Hills on this 22"d day of November. fS. ATTEST: HEIDILUCE DEPUTY CITY CLERK The foregoing Resolution No. 1100 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING A PORTION OF PROPERTY LOCATED ALONG POPPY TRAIL, SOUTH OF SADDLEBACK ROAD AND HAVING A.P.N 7567-001-901 was approved and adopted at a regular meeting of the City Council on the 22"d day of November, 2010, by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Lay ABSTAIN: None. *Jo�jw' HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1100 - 2 - L' D RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: EXHIBIT A CITY OF ROLLING HILLS #2 Portuguese Bend Road Rolling Hills, CA 90277 MAIL TAX STATEMENTS TO: CITY OF ROLLING HILLS #2 Portuguese Bend Road Rolling Hills, CA 90277 In accordance with Section 11932 of the California Revenue and Taxation Code, as amended, Grantor has declared the amount of transfer tax which is due by a separate statement that is not being recorded with this Grant Deed. Assessors Parcel Number 7567-001-901 OUPTCLAIM DEED TRANSFER TAX PNOT A PUBLIC RECORD FOR VALUE RECEIVED, CITY OF ROLLING HILLS, a California municipal corporation hereby remises, releases and forever quitclaims to CITY OF ROLLING HILLS, a California municipal corporation, that certain real property (the "Property") situated in or about the City of Rolling Hills, Los Angeles County, California, labeled as Parcel B on Exhibit A attached hereto, as depicted on the site plan attached as Exhibit "B-2" hereto (the "Site Plan"), both of which are incorporated herein by this reference. This Quitclaim Deed is being recorded in connection with a lot line adjustment for the purpose of confirming in the CITY OF ROLLING HILLS the legal description of the Property which Property constitutes a separate legal parcel as a result of such lot line adjustment, and which lot line adjustment included the concurrent conveyance to CALIFORNIA JOINT POWERS INSURANCE AUTHORITY of a portion of adjoining real property heretofore owned by CITY OF ROLLING HILLS and identified as Parcel AB on the Site Plan, which Parcel AB was added to the real property designated as Parcel A on the Site Plan, which Parcel A is owned by CALIFORNIA JOINT POWERS INSURANCE AUTIHORITY. Resolution No. 1100 SIGNATURE ON FOLLOWING PAGES -3- IN WISS W EREOF, the undersigned has executed this Quitclaim Deed as 1 , 2011 CITY OF ROLLING HILLS, A California municipal corporation By: e 26 41 Its: f4-1 .0• f o U STATE OF CALIFORNIA COUNTY OF LOS ANGELES On IqPKIL 11 '2011 , before me, Anlnrr wo- Nt la-MAt OA y , Notary Public, personally appeared �)C66q AK.LE?,,1 L q , who proved to me on the basis of satisfactory evidence to be the person() whose name(pr) is/aye subscribed to the within instrument, and acknowledged to me that he/syfe/thy executed the same in hisMr/tViir authorized capac'ity(ob�), and that by hisMor/thMr signature(p'f on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N&ITtONET HAZEL-MAE DAY Commission • 1832870 Signature (Seal) Notary PuMiC - CalUornia Los Anes County My Comm. Expires Jan 21, 2013 1 Resolution No. 1100 - 4 - J F=:j:T1=�il�_1 PARCEL B (CITY OF ROLLING HILLS) That portion of Lot "H" of the Rancho Los Palos Verdes, in the County of Los Angeles, State of California, allotted. to Jotham Bixby by decree of partition in Case No. 2373 of the District Court of 174 Judicial District and entered in Book 4, Page 57 of Judgments, in the Superior Court of said County; bounded by the following described lines: Beginning at the most southerly comer of Lot 67 of Rolling Hills Tract, as shown on Map recorded in Book 201, Page 29 to 35, of Maps, records of said County, thence along the southwesterly line of said Lot 67, North 45°27'10" West, 251.44 feet to an angle point therein; thence along said Southwesterly line, North 57°30'10" West, 217.89 feet to the most northerly corner of the land described in deed to Jack V. Evans and wife, recorded in Book 16862, Page 119, Official Records of said county; thence along the exterior boundaries of said last mentioned land, South 2043'00" East 115.54 feet; South 27028'50" East, 152.98 feet; South 38016'40" West, 97.13 feet; North 72033'00" West, 237.07 feet and North 12022'30" West, 88.12 feet to the southeasterly boundary of Lot 73 of said Rolling Hills Tract, thence along said southeasterly boundary, South 34055'30" West, 63.99 feet to an angle point herein; thence along said southeasterly boundary South 63043'20" West, 263.33 feet to an angle point therein; thence along said southeasterly boundary, South 691103'40" West, 237.99 feet; thence departing from said Southeasterly boundary, South 8°07'17" West, 193.64 feet; thence South 30°2555" East, 90.00 feet; thence South 17046'36" East, 110.21 feet; thence South 6003857" East, 62.74 feet; thence South 79014'30" East, 148.37 feet to a point in the westerly boundary of Lot 1 of Tract 32071 recorded in book 848, pages 56 and 57 of Maps, Records of said county, said point being on a line having a bearing of South 23035'00" West and a length of 217.00 feet, said point being North 23°35'00" East, 84.86 feet from the southwest terminus of said line; thence along said westerly line, North 23035'00" East, 132.14 feet to the northwesterly corner of said Lot 1; thence along the northwesterly line of said lot, North 58000'00" East, 126.84 feet to the north comer of said Lot 1; thence along the prolongation of said line, North 58°00'00" East, 293.16 feet; thence South 76041'51" East, 387.00 feet; thence North 39033'00" East, 230.09 feet to a point which bears South 36032'57" East; 163.44 feet from the Point of Beginning; thence North 36032'57" West, 163.44 feet to the Point of Beginning. Area. = 442,996 Sq. Ft., 10.17 Acres See attached EXHIBIT B-2. C26120fn I EV. 30111 Prepared by: ClVAL ofcau��` Bolton Engineering Corp. �la AP I\ Ross N. Bolton, RCE 26120 Date Resolution No. 1100 - 5 - EXHIBIT B-2 PROPOSED PARCEL NUMBER I EXISTING APN NUMBER i PARCEL B 1+ APN 7567-001-901 li PORrgNa 2L DTITAW LOTOT 72 CALIFORNIA JOINT POWERS i, PORTUGUESE '""`T 190 483.. 68' INSURANCE AUTHORITY , BEND D EASE � S 07'49'31• W PARCEL A s42.sa L 31 S 04-cgw w _� 338.BpL 20 i As wo tao swamAac aoAO PARCEL AS PORTION OF LOT 73 B� ROUJMG HUS TRACT NEIN PROPERTY MNE � � m PARCEL B ti m� CITY OF a� 92 SADD"CX ROAD Z ROLUNG HILLS `�' c� PORTION OF LOT 73 CITY OF ROMUM $ WMG WAS TRACT LOT 1 TRACT Na 34071 ; $ GROSS LOT AREA NOT A PART 442.996 SO. FT. / 10.17 AC. 6 POPPY TRAL c 86 SADUMCK ROAD PORTION OF LOT X PLOT 190 "CJL MAP Na 5111 LINE TABLE LAZA . MAP 51 „ry NOT A PART NOTA PART 2 LINE BEARING LENGTH L26 <?q IS L16 N 79°14'30" W 148.37' y o L 17 N 60°38'57" W 62.74' L18 N 17°4636- W 110.21' ti`^ L19 N go-2r4S' W 90.00' 10 POPPY TIM v L 20 S 08°07'17° W 193.64' tOT 'If L 21 N 69°03'40' E 237.99' POnN (F L A.C.& MAP 51 L 22 N 34°55'30' E 63.99' NOT A PARTr v L23 N 12°22'30' W 88.17 v 8 POINT OF BEGWdNG MOST L 24 5 1801614()* W 97.13' SOUTHERLYRNH CORNEA TLor 4� kph SACK ROAD L25 S 27°28'50' E 152.98' L 26 N 02°43'00' ill/ 115.54' LOT RMLING 7 HILI STRACT L 27 S 78°41'51- E 120.14' �� 5�'� ; NOT A PART L28 N 58°00'00' E 126,84' L 29 S 23°35'00' W 132.14' L 30 N 69°03'40" E 350.80' L 31 S 07°49'55' W 58.82' L 32 S 04'00'00" W 84.86' L 33 N 69°03'40" E 112.81' LEGEND EXISTING LOT LINE TO REMAIN. LOT LINE BEING ADJUSTED. ADJUSTED LOT LINE. Resolution No. 1100 - 6 - PARCEL AB = PORTION OF CITY OF ROLLING HILLS PROPERTY CONVEYED TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY BY LOT LINE ADJUSTMENT. SCALE 1 • = 200' 1