Community Development Department TAFFREPORT Date: To: From: January 07, 2014 Steven A. Preston, FAICP, City Manager Jennifer Davis, Community Development Director W trm-?f> By: Daren Grilley, PE, City Engineer '-j'rrz... Algis J. Marciuska, PE, Senior Civil Engineer.fey 1J1I!J ft 1/1"1'} Subject: Deed of Conservation Easement 1635 South Del Mar Avenue (Hing Wa Lee Jewelry Project) Resolution 14-04 and Planning Case PL-10-067 I. BACKGROUND The property owner of 1635 South Del Mar Avenue, Ryan & Rachel Investment, LLC, has constructed a new 11,000 square foot jewelry store on the site. This property is located along the east side of the Alhambra Wash and is located on Del Mar Avenue south of Bencamp Street. As a condition of development, the property owner is required to dedicate an 8-foot wide strip of land for a conservation easement. The primary purpose of the easement is to enable that strip of land to be preserved for future use as a pedestrian or bicycle path in accordance with the Valley Blvd. Specific Plan and the General Plan. The property owner has submitted the easement deed for City acceptance. The deed of conservation easement document, legal description (Exhibit A), and plat map (Exhibit B) are attached along with Resolution 14-04 accepting the easement deed. II. RECOMMENDATION Staff recommends that the City Council adopt Resolution 14-04 and authorize the City Engineer to execute the acceptance certificate and submit the easement deed to the County for recording. Attachments: Resolution 14-04 Easement Deed & Exhibits "A" & "B" Certificate of Acceptance F:\Community Development\Engineering\Engineering\COUNCIL ITEMS\2014\Acceptance ofhwl Cons Esmt 01072014\1635 S Del Mar Easement Report OI072014.doc
RESOLUTION 14-04 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL AUTHORIZING ACCEPTANCE OF A DEED OF CONSERVATION EASEMENT FROM RYAN & RACHEL INVESTMENT, LLC, TO THE CITY OF SAN GABRIEL 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the property owner of 1635 South Del Mar Avenue processed and received City approval for construction a new 11,000 square foot jewelry store, and WHEREAS, the City ofsan Gabriel requested dedication of a conservation easement for a future pedestrian or bicycle path in conformance with the City General Plan and the Valley Blvd. Specific Plan, and WHEREAS, the property owner, Ryan & Rachel Investment, LLC, has offered a" Deed of Conservation Easement" to the City ofsan Gabriel for a future pedestrian or bicycle path along the Alhambra Wash, and WHEREAS, the property owner, Ryan & Rachel Investment, LLC, has executed said "Deed of Conservation Easement," which includes Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofsan Gabriel does hereby accept the "Deed ofconservation Easement," authorizes the City Engineer to execute the acceptance certificate, and authorizes submittal of the documents and exhibits to the Los Angeles County Recorder's Office for recording. PASSED, APPROVED and ADOPTED by the San Gabriel City Council this 7th day of January 2014. 23 24 25 26 ATTEST: Juli Costanzo, Mayor City of San Gabriel 27 28 Name: ~~~~~--~--~ Deputy City Clerk, City of San Gabriel Res. No. 14-04
Recording requested by and when recorded mail to: City Engineer City of San Gabriel 425 S. Mission Drive San Gabriel, CA 91776 Recording Fee: Exempt (Government Code - Section 6103) (Space above this line for Recorder's use) DEED OF CONSERVATION EASEMENT Documentary Transfer Tax: Exempt (Revenue & Taxation Code - Section 11922) Assessor's Parcel Number: 5360-020-029 Address: 1635 South Del Mar Avenue, San Gabriel, CA 91776 THIS DEED OF CONSERVATION EASEMENT (the "Easement") is made by Ryan & Rachel Investment, LLC ("Grantor"), in favor of the City of San Gabriel ("Grantee"). WITNESS THAT: WHEREAS, Grantor is the sole owner in fee simple of certain real property in City of San Gabriel, County of Los Angeles, California, more particularly described in Exhibit A (Legal Description) and Exhibit B (Plat) attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, as a condition (Condition No. 17) for City of San Gabriel to issue building permit to Grantor to develop certain real property in City of San Gabriel under planning case No. PL-10-067, the Property is to be preserved for future use as a pedestrian or bicycle path. NOW THEREFORE, Grantor hereby conveys to Grantee a Conservation Easement in the Property. Purpose. The primary purpose of this Easement is to enable the Property to be preserved for future use as pedestrian or bicycle path. Grantor's Duties. Grantor shall undertake all reasonable actions to maintain and fully landscape the Property. subject to approval of Design Review Commission until such time the pedestrian or bicycle path is developed by the City of San Gabriel. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following rights are expressly reserved: (i) all right, title and interest in subsurface oil, gas and minerals; provided that the manner of exploration for, and extraction of any oil, gas or minerals shall be only by a subsurface method, and shall not damage, impair or endanger the use of property as a pedestrian or bicycle path. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement to restore the portion of the Property so injured. If Grantor fails to cure the violation within ninety (90) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a ninety (90) day period, fail to begin curing such violation within
the ninety (90) day period, or fail to continue to diligently cure such violation until finally cured, Grantee may bring an action at law or in equity of court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for any loss thereof, and to require the restoration of the Property to the condition that existed prior to any such injury. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantors for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency condition to prevent, abate or mitigate significant injury to the Property resulting from such causes. Costs and Taxes. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property until such time the pedestrian or bicycle path is developed. Grantor shall pay any and all taxes, assessments, fees and charges levied by competent authority on the Property or on this Easement. Amendment. This Easement may be amended by Grantor and Grantee by mutual written agreement. Any such amendment shall be consistent with the purposes of this Easement, any such amendment shall be recorded in the official records of the County of Los Angeles, State of California. Assignment of Grantee's Interest. Grantee may assign its interest in this Easement only to a "qualified organization," within the meaning of section 170(h) of the Internal Revenue Code of 1954, as amended, or any successor provision, and which is authorized to acquire and hold conservation easements under California law, or other public entity, upon obtaining the prior written consent of Grantor. Any assignment without such consents shall be void and of no effect. General Provisions. Easement Runs with the Land. The Easement shall run with the land and be binding upon Grantor's successors and assigns to the Property. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations. understandings, or agreements relating to the Easement, all of which are merged herein. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. Joint Obligation. The obligations imposed by this Easement upon Grantors Shall be joint and several. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer.
Future Conveyance. Grantors agree that reference to this Deed will be made in any subsequent deed or other legal instrument by means of which they convey an interest in the Property (including but not limited to a leasehold interest). The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way., rantors has executed this Deed of Easement this day of Grantor Name: Lee Title: Managing Partner of Ryan and Rachel Investment, LLC. State of California County of Los Angeles ACKNOWLEDGMENT On " /1 3/.l.o13_before me, 6;()n!i L ~t1, Notary Public, personally appeared David Lee, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GINNY LIN ~ Commission # 1895023 ~,I r. Notary Public California ~ WITNESS my hand and official seal. j Los Angeles County :!:.,My ~o~rg. ;"gir:s;~ 1J-}~1 i~ Signature --64~~~O~~---- (Seal)
EXHIBIT "A" PEDESTRIAN & BICYCLE EASEMENT LEGAL DESCRIPTION SHEET 1 OF 2 THA T PORTION OF LOTS 23, 26, 27 AND 28 OF TRACT NO. 7608, IN THE CITY OF SAN GABRIEL. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 87, PAGES 53 AND 54 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO BEING A PORTION OF THA T CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED FEBRUARY 2, 2011 AS INSTRUMENT NO. 20110182190 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 23 OF SAID MAP THENCE SOUTH 86'41'15" EAST, 9.25 FEET ALONG SOUTHERLY RIGHT OF WAY OF BENCAMP STREET TO A POINT ON A LINE LYING 8.00 FEET NORTHEAST OF THE NORTHEASTERLY RIGHT OF WAY LINE OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (75 FEET 'NIDE) THENCE SOLITH 3Y24'53" EAST, 379.67 FEET ALONG SAID LINE LYING 8.00 FEET NORTHEAST OF SAID RIGHT OF WAY OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO THE WESTERLY RIGHT OF WAY OF DEL MAR AVENUE (40 FEET HALF WIDTH); THENCE SOUTH 00'22'00" EAST, 14.67 FEET ALONG SAID RIGHT OF WAY TO THE NORTHEASTERLY RIGHT OF WAY OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT; THENCE NORTH 33'24'53" WEST, 396.61 FEET ALONG LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY TO THE POINT OF BEGINNING CONTAINING: 3105 SQUARE FEET MORE OR LESS PREPARED FOR: HING WA LEE JEWELERS 1635 SOUTH DEL MAR AVENUE SAN GABRIEL, CA 91776 PREPARED BY: Pro Design Engineers, Inc. 15038 CLARK AVE, HACIENDA HEIGHTS, CA 91745 TEL(626)279-5061, FAX (626) 279-5062 info@prodesignengineers.com. -----.~.-----.--.-.---
\ \ ~!O~\ ~T23 \ EXHIBIT "B" PEDESTRIAN & BICYCLE EASEMENT PLAT N86"41 '15"W 81.52' -- 586 41'15" 9.25' 23 NOO"21'19"W 50.07' N86"41 '05 "[ J35.:P '_-- SHEET 2 OF 2 25.-,', " LEGEND \ 28 l~ 1C\i I~ I~...I W 0 I PEDESTRIAN & BICYCLE EASEMENT AF;E,A \ PREPARED FOR: PREPARED BY: Pro Design Engineers, Inc. HING WA LEE JEWELERS 1635 SOUTH DEL MAR AVENUE 15038 CLARK AVE. HACIENDA HEIGHTS. CA 91745 SAN GABRIEL, CA 91776 TEL(626)279-5061. FAX (626) 279-5062 info@prodesignengineers.com
CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed of Conservation Easement, dated from Ryan & Rachel Investment, LLC, is hereby accepted by the undersigned officer on behalf of the City of San Gabriel, and pursuant to authority conferred by Resolution No. 14-04 of the City of San Gabriel adopted by the City Council of said City on the 7th of January 2014, and the grantee consents to the recordation of said document by its duly authorized officer. Dated: 7th day of January 2014 Daren T. Grilley, PE City Engineer City of San Gabriel Name: Deputy...,.C=it;--y...,.C<T'le-r..-k---- City of San Gabriel F:\Cornrnunity Developrnent\Engineering\Engineering\COUNCIL ITEMS\2014\Acceptance ofhwl Cons Esrnt o10720 14\Grant Deed Accept Cert 12012013.doc