02-18-2020 - AGENDA ITEM 06 CONSIDERATION OF DECLARATION OF EASEMENT AND MAINTENANCE AGREEMENT FOR LOT 59 (MISCELLANEOUS TRANSFER DRAIN NO. 962)11/16/2020
Print Staff Report
AGENDA ITEM NO. 6
DATE: February 18, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF DECLARATION OF EASEMENT AND MAINTENANCE
AGREEMENT FOR LOT 59 (MISCELLANEOUS TRANSFER DRAIN NO. 962)
RECOMMENDATION:
It is recommended that the City Council accept the Declaration of Easement and Maintenance Agreement for
Lot 59, Maintenance Transfer Drain No. 962, authorize staff to execute the agreement, and facilitate the
transfer of the Agreement to the County of Los Angeles.
BACKGROUND:
The South Hills Subdivision was approved through a series of subdivisions between the late 1970s and mid
1980s. The South Hills Subdivision created several hundred single family properties in the area along Hillside
Drive between Citrus Street and Galster Park. These properties were rough graded, and the streets were
installed in the mid to late 1980s but houses were not immediately constructed. The miscellaneous transfer
drains (MTDs) were constructed at that time as well. The City of West Covina and the County of Los Angeles
entered into an Agreement dated February 2, 1982, whereby the City made certain warranties about its future
transfers and conveyances of flood control facilities to the County of Los Angeles. Over the decades several
home builders constructed portions of the South Hills Subdivision including Western Pacific, Centex, Ryland
Homes, Van Daele and Taylor Morrison. Taylor Morrison is the last of the builders to complete construction
of units in the Subdivision.
In 2000, the City approved Tract Map 52590 allowing for the development of the Pacific Park project on the
northeast corner of Aroma Drive and Galster Way. This project allowed for the development of 57 residential
units and as well as accessory streets, grading and drainage facilities. The drainage facilities in the
development are part of the same drainage basin as the drainage facilities in the South Hills Subdivision.
MTDs consists of permanent drainage facilities, typically privately constructed and dedicated to a city by way
of Tract Map, Parcel Map, or separate instrument, which may be later transferred to the Los Angeles County
Flood Control District for operation and maintenance. The City of West Covina acquired the storm drain
improvements from the subdivider following construction. The drainage systems are known as Miscellaneous
Transfer Drains (MTDs) No. 928, 954, and 962, depicted on Los Angeles County Flood Control District
Drawing No. 486-F2.1-.9, No. 486-F3.1-.3, and No. 486-F5.1-.5, respectively, on file with the Director of
Public Works for the County of Los Angeles. The MTD's listed above include areas outside the South Hills
Subdivision that are part of the same drainage basin.
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SCALE: 1" = 20'
EXHIBIT „B„
SHEET
1 OF 1
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TRACT NO. 52 590
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---- N85'21'19"W 51.89'
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TRACT NO. 52590, M.B. 1263/75-78.
11/16/2020
Print Staff Report
DISCUSSION:
The construction of the houses in the South Hills Subdivision by Taylor Morrision have been completed. The
builder has been working with the County of Los Angeles to complete all the necessary easements and
requirements.
The MTDs are located in the South Hills Subdivision between Hillside Drive and Countrywood Lane and
south of the Bentley Court cul-de-sac (928), on south of Hillside Drive between Green Ridge Terrace and Mt.
Tricia Avenue (954), and west of Westridge Road (962). This Lot 59, MTD 962 easement is the last easement
to be dedicated to the City for future transfer to the County. With the acceptance of the Lot 59 easement and
maintenance agreement, all easements are ready to be transferred to the County. Upon completion of the
transfer, the County of Los Angeles will be solely liable for any violations of the MTDs. The County will
conduct routine maintenance involving periodic excavation, land clearing and repair of these detention basin
structures and appurtenances, fire hazard clearing, and vegetation removal to restore the basins to their original
flood design capacities.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: Michael Ackerman, City Engineer
Fiscal Impact
FISCAL IMPACT:
None.
Attachments
Attachment No. 1 - Declaration of Easement and Maintenance Agreement for Lot 59, MTD No. 962
CITY Enhance City Facilities and Infrastructure
COUNCIL
GOALS &
OBJECTIVES:
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ATTACHMENT NO. 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
(Space Above For Recorder's Use)
DECLARATION OF EASEMENT AND MAINTENANCE AGREEMENT
THIS DECLARATION OF EASEMENT AND MAINTENENCE AGREEMENT
("Agreement") is entered into as of February 18, 2020, by PACIFIC PARK COMMUNITY,
INC., a California nonprofit, mutual benefit corporation ("Grantor" or "HOA") and the CITY OF
WEST COVINA, a California municipal corporation ("Grantee" or "City"). Grantor and Grantee
may each individually be referred to as a "Party" and collectively may be referred to as the
"Parties".
RECITALS
A. Grantor is the owner of 217 square feet of real property legally described in Exhibit
"A" attached hereto and depicted in Exhibit `B" attached hereto (the "Property").
B. The Property contains storm drain improvements/facilities including, but not
limited to, Miscellaneous Transfer Drain (MTD 962).
C. Grantor and Grantee desire to establish an easement over the Property for routine
maintenance, repairs and access. Grantor and Grantee further desire for said easement to be
assignable and transferrable, including to the Los Angeles County Flood Control District.
NOW, THEREFORE, in consideration of the Recitals set forth above, and the mutual
promises, covenants, conditions and agreements set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
ARTICLE 1
ESTABLISHMENT OF EASEMENT
1.1 Grant of Easements.
1.1.1 Storm Drain Easement. Upon recordation of this Agreement, Grantor
hereby grants to Grantee an exclusive easement (the "Storm Drain Easement") in, on and over
the Property for purposes of routine maintenance, and repairs, including But Not Limited to
periodic excavation, land clearing and repair of Storm Drain line and Appurtenant Structures, fire
hazard clearing, and vegetation removal to Storm Drain structures to original flood design
capacities. Grantor explicitly acknowledges and agrees that the Storm Drain Easement is
assignable and transferable, including to Los Angeles County Flood Control District.
1.1.2 Access Easement. Upon recordation of this Agreement, Grantor hereby
grants and establishes an exclusive easement for access (the "Access Easement") in, on and over
the Property for vehicular and pedestrian ingress and egress in order to implement the Storm Drain
Easement. Grantor explicitly acknowledges and agrees that the Access Easement is assignable
and transferable, including to Los Angeles County Flood Control District.
ARTICLE 2
INDEMNIFICATION AND DEFAULTS
2.1 Indemnification by Grantee. Grantee hereby covenants and agrees, for each of its
heirs, successors and assigns, to indemnify, defend and save harmless Grantor and its agents,
directors, officers, employees, shareholders, agents, affiliates, heirs, legal representatives,
successors and assigns, from and against claims for damages of any nature whatsoever including,
without limitation, bodily injury, death, personal injury, or property damage (collectively,
"Claims") arising from or connected with the Grantee's (including its successors, assigns or
successors -in -interest) use of the Storm Drain Easement Area and/or Access Easement Area. The
duty to defend and indemnify shall not extend to Claims arising from or relating to the negligent
or willful misconduct of Grantor, it's agents, directors, officers, employees, shareholders,
affiliates, heirs, legal representatives, successors and assigns.
2.2 Indemnification by Grantor. Grantor hereby covenants and agrees, for each of its
heirs, successors and assigns, to indemnify, defend and save harmless Grantee and its agents,
directors, officers, employees, shareholders, agents, affiliates, heirs, legal representatives,
successors and assigns, from and against claims for damages of any nature whatsoever including,
without limitation, bodily injury, death, personal injury, or property damage (collectively,
"Claims") arising from or connected with the Grantor's (including its successors, assigns or
successors -in -interest) use of the Storm Drain Easement Area and/or Access Easement Area. The
duty to defend and indemnify shall not extend to Claims arising from or relating to the negligent
or willful misconduct of Grantor, it's agents, directors, officers, employees, shareholders,
affiliates, heirs, legal representatives, successors and assigns.
2.3 Enforcement. Except as otherwise provided herein, in the event a Party fails to
remedy a default in the performance of any obligation required under this Agreement within thirty
(30) days following receipt of written notice from the other Party, specifying the nature of such
breach, the non -defaulting Party may, at its sole option and discretion, enforce any rights or
remedies to which it may be entitled by law or equity, whether or not set forth herein, provided,
however, that if the failure to perform cannot be reasonably cured within such thirty (30) day
period, the defaulting Party shall be allowed additional time as is reasonably necessary to cure the
failure so long as such Party commences to cure the failure within the thirty (30) day period and
thereafter diligently prosecutes the cure to completion.
ARTICLE 3
GENERAL PROVISIONS
3.1 Notices. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing and shall be delivered personally, transmitted
by facsimile or email, sent by overnight courier or by registered or certified mail, return receipt
requested, to the parties at the following addresses:
If Grantor: Pacific Park Community, Inc.
14780 Pipeline Avenue
Chino Hills, CA 91709
If Grantee: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
The address to which any such communication shall be sent may be changed from time to time by
notice sent in the same manner as set forth above. All notices shall be deemed delivered on the
date personally delivered or upon receipt if transmitted by facsimile or email or sent by overnight
courier, or forty-eight (48) hours after the date deposited into the United States mail.
3.2 Successors and Assigns; Covenants Running with the Land. Subject to Section
3.12, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors, heirs, administrators and assigns, and shall run with the land in accordance
with applicable law, including, without limitation, Section 1468 of the California Civil Code.
3.3 Entire Agreement; Exhibits. This Agreement and all other documents referred to
herein: (i) constitute and are intended as a final expression and a complete and exclusive statement
of the understanding and the agreement between the Parties hereto with respect to the subject
matter hereof; (ii) supersede all prior or simultaneous understandings, correspondence, letters of
intent, negotiations, or agreements, whether oral or in writing, between the Parties respecting the
subject matter of this Agreement; and (iii) may not be modified, amended or otherwise changed in
any manner except by a writing specifically setting forth such modification, amendment or change
and executed by each of the Parties hereto. All exhibits attached hereto are incorporated herein by
this reference.
3.4 Amendment. This Agreement may be modified only by written instrument
executed, acknowledged and delivered by the parties hereto or their successors and/or assigns.
3.5 Severability. The invalidity or unenforceability of any provision of this Agreement
shall in no way affect the validity or enforceability of any other provision hereof.
3.6 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California.
3.7 Further Assurances. Each of the parties to this Agreement shall execute and deliver
all additional papers, documents and other assurances, and shall do such acts and things reasonably
necessary, in connection with the performance of their obligations hereunder to carry out the intent
of this Agreement.
3.8 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which, taken together, shall constitute one
and the same document.
3.9 No Partnership. Nothing in this Agreement shall be deemed or construed by the
parties, nor by any third party, as creating the relationship of principal and agent or of partnership,
joint venture or other common arrangement between the Parties.
3.10 Assignment and Transferability. Grantee may assign and transfer any and all of its
rights and obligations with respect to this Agreement without the prior consent of the HOA,
including to the Los Angeles County Flood Control District. From and after the date of such
assignment or transfer, the City shall automatically be released from each and every obligation,
responsibility, or liability arising under this Agreement.
3.11 Other Agreements. Nothing in this Agreement shall be construed as affecting the
City's, the HOA's, or any third party's duty to perform obligations on the Property under other
agreements, land use regulations, or requirements relating to the Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
"Grantor"
PACIFIC PARK COMMUNITY, INC.,
a California Nonprofit, Mutual Benefit Corporation
By:
Name:
Title:
"Grantee"
CITY OF WEST COVINA,
a California Municipal Corporation
By:
Name: David Carmany
Title: City Manager
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of )
On before me,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the p son(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 persons) 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.
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of )
On before me,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the p son(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.
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.
Signature (Seal)
EXHIBIT $$A'$ SHEET 1 OF 1
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF WEST COVINA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF LOT 59 PER TRACT NO. 52590, FILED IN
BOOK 1263 PAGES 75 THROUGH 78, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 10.00 FEET WIDE, THE
NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 22 OF SAID TRACT NO. 52590, THENCE
ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 22, SOUTH 85-21-19"
EAST A DISTANCE OF 21.31 FEET TO A POINT ON THE EASTERLY LINE OF LOT 59 OF SAID TRACT
NO. 52590.
THE SIDELINES OF SAID 10-FOOT WIDE STRIP OF LAND SHALL TERMINATE WESTERLY IN THE
EASTERLY LINE OF SAID LOT 22 AND EASTERLY IN THE EASTERLY LINE OF SAID LOT 59.
CONTAINING 217 SQUARE FEET, MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RESERVATIONS, RIGHTS -OF -WAY AND EASEMENTS OF
RECORD, IF ANY.
PREPARED BY OR UNDER THE DIRECTION OF:
1�2�/Za2a
DANE P. MCDOUGALL DATE
L.S. 9297