December 20, 2000 MP-6
46.042
M0023010

The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012

Dear Supervisors:

COYOTE CREEK - PARCEL 55
GRANT OF EASEMENT - CITY OF LONG BEACH
SUPERVISORIAL DISTRICT 4
3 VOTES

IT IS RECOMMENDED THAT YOUR BOARD:

1. Find this transaction categorically exempt from the provisions of the California Environmental Quality Act (CEQA).

2. Approve the grant of an easement over Coyote Creek, Parcel 55 (5,002 square feet), for discharge line purposes from the Los Angeles County Flood Control District to the Orange County Flood Control District for $2,500. The easement area is located on the east side of Coyote Creek, south of Willow Street, in the City of Long Beach.

3. Instruct the Mayor to sign and authorize delivery of the Easement to the Grantee.

PURPOSE OF RECOMMENDED ACTION

This action enables the Flood Control District to grant a discharge line easement in Coyote Creek, Parcel 55, to the Orange County Flood Control District. The easement is located on the east side of Coyote Creek, south of Willow Street, north of the San Gabriel River and Coyote Creek confluence, in the City of Long Beach.

JUSTIFICATION

The Orange County Flood Control District requested the easement in connection with their Rossmoor Retarding Basin Project along the Coyote Creek. The granting of this easement is not considered adverse to the District=s purposes. Moreover, the instrument reserves paramount rights for the Flood Control District=s interests.

FISCAL IMPACT

The Orange County Flood Control District has paid $2,500 to the Flood Control District Fund for this easement.

FINANCING

Not applicable.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

The granting of this easement will not hinder the use of the creek for possible transportation, utility, or recreational corridors.

The enclosed Easement has been approved by County Counsel as to form and will be recorded.

IMPACT ON CURRENT SERVICES OR PROJECTS

The revenues generated from this transaction will be used for flood control purposes.

NEGATIVE DECLARATION/ENVIRONMENTAL IMPACT REPORTS

With respect to requirements of the California Environmental Quality Act (CEQA), this transaction is categorically exempt, as specified in Class 5 of the Environmental Document

Reporting Procedures and Guidelines adopted by your Board on November 17, 1987, Synopsis 57, and Section 15305 of the State CEQA Guidelines.

CONCLUSION

This action is in the District=s interest. Enclosed are an original and two duplicates of the Easement document. Please have the Mayor sign the original and duplicates and have them acknowledged by the Executive Officer of the Board of Supervisors. Please return the executed original and one duplicate to this office, retaining one duplicate for your files.

One approved copy of this letter is requested.

Respectfully submitted,

HARRY W. STONE
Director of Public Works

WDS:ayc
P2/BDWDS3

cc: Chief Administrative Officer
County Counsel

RECORDING REQUESTED BY
AND MAIL TO:

County of Orange
Public Facilities & Resources Dept.
Real Property
300 N. Flower Street, 6^th Floor
Santa Ana, CA 92702-4048
Attn: Carolee Condon
Space Above This Line Reserved For Recorder's Use

THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE GOVERNMENT CODE

Assessor=s Identification Number: 7235-028-906 (Portion)

E A S E M E N T

For a valuable consideration, receipt of which is hereby acknowledged,
the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "District", does hereby grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as AGrantee,@ a perpetual easement for discharge lines in, on, over, under, and across the real property in the City of Long Beach, County of Los Angeles, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof.

Subject to all matters of record and to the following reservation and conditions which Grantee, by the acceptance of this Easement document and/or the exercise of any of the rights granted herein, agrees to keep and perform, viz:

1. District reserves the paramount right to use said land for flood control purposes.

2. Grantee agrees that it will not perform or arrange for the performance of any construction or reconstruction work in, on, over, under and across the land herein-described until the plans and specifications for such construction or reconstruction work shall have first been submitted to and been approved in writing by the Chief Engineer of the Los Angeles County Flood Control District. Such approval shall not be interpreted or inferred as an endorsement or approval as to the design, accuracy, correctness or authenticity of the information shown on the submitted plans and specifications. Furthermore, such approval cannot be relied upon for any other purpose or by any third party for any reason whatsoever. The District does not accept ownership or responsibility for the improvements.

File with: COYOTE CREEK 55
46-RW 4.1
S.D. 4 M0023010

COYOTE CREE K 55
Easement, Page 2

3. Grantee agrees that it will indemnify and save harmless District, its officers, agents and/or employees from any and all liability, loss or damage to which District, its officers, agents and/or employees may be subjected as the result of any act or omission by Grantee, its officers, agents and/or employees arising out of the exercise by Grantee, or its officers, agents or employees of any of the rights granted to it by this instrument.

4. It is expressly understood that District will not be called upon to construct, repair, maintain or reconstruct any structure or improvement to be erected or constructed pursuant to this Easement document.

5. The provisions and condition contained in this Easement document shall be binding upon Grantee its successors and assigns.

To the extent any lawful assessment be levied pertaining to the area to which this easement applies and to the extent that the assessment is based on the structures and improvements being constructed under the authority of this easement and provided further that the assessment be levied following Grantee=s exercise of these easement rights to construct such structures and improvements, Grantee agrees to pay on behalf of the District that part of any such assessment levied against the District which is based on the value contributed to that area by Grantee=s said structures and improvements.

Dated_______________________

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic

By_______________________________________________
Chair, Board of Supervisors of the
Los Angeles County Flood Control District

(LACFCD-SEAL)

ATTEST:
VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County of Los Angeles

By___________________________________

Deputy

KDR:sl:MP-9:82/EASEcoyo55

NOTE: Acknowledgment form on reverse side

STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )

On January 6, 1987, the Board of Supervisors for the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized the use of facsimile signatures of the Chair of the Board on all papers, documents, or instruments requiring his/her signature.

The undersigned hereby certifies that on this_______day of________________, 20______, the facsimile signature of________________________________________________, Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT was affixed hereto as the official execution of this document. The undersigned further certifies that on this date, a copy of the document was delivered to the Chair of the Board of Supervisors of the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT.

In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written.

VIOLET VARONA-LUKENS, Executive Officer
of the Board of Supervisors
of the County of Los Angeles

By______________________________________
Deputy
(LACFCD-SEAL)

APPROVED as to form
LLOYD W. PELLMAN, County Counsel

By_________________________________
Deputy

APPROVED as to title and execution,
______________________________, 20______.
DEPARTMENT OF PUBLIC WORKS
Mapping & Property Management Division

MARTIN J. YOUNG
Supervising Title Examiner III

By_______________________________________

File with: COYOTE CREEK 55
46-RW 4.1
A.P.N. 7235-028-906 (portion)
T.G. 796(G4)
I.M. 024-257
Fourth District
M0023010

LEGAL DESCRIPTION

(Grant of easement for discharge lines)

That portion of that certain parcel of land in the southeast quarter of Section 25, Township 4 South, Range 12 West, in Rancho Los Alamitos as shown on map recorded in Book 700, pages 138 to 141, inclusive, of Deeds in the office of the Recorder of the County of Los Angeles, described as PARCEL 55 in a Final Order of Condemnation, had in Superior Court Case No. 615183, a certified copy of which is recorded in Book 45927, page 81, of Official Records, in the office of said Recorder, within the following described boundaries:

Beginning at the intersection of the southeasterly line of said PARCEL 55 and the easterly line of that certain parcel of land, described as PARCEL II in deed to SOUTHERN CALIFORNIA EDISON COMPANY, recorded on August 18, 1954, as Document No. 1090, in Book 45349, page 347, of said Official Records, as said intersection is shown on map of Record of Survey 98-1003, filed in Book 176, pages 23 to 31, inclusive, of Record of Surveys, in the office of the Recorder of the County of Orange; thence South 2E18'03" East along said easterly line, a distance of 11.95 feet; thence North 64E37'45" West 89.78 feet; thence South 69E52' 59" West 52.32 feet;
thence North 24E52' 59" East 89.45 feet; thence North 69E52'59" East 36.50 feet; thence
North 86E07' 53" East 24.23 feet; thence South 64E37' 45" East 74.53 feet to said southeasterly line; thence South 25E04' 19" West along said southeasterly line, a distance of 79.42 feet to the point of beginning.

EXCEPTING therefrom that portion lying southeasterly of the northwesterly line of that certain parcel of land described as Parcel 55.1 in deed to SOUTHERN CALIFORNIA EDISON COMPANY, recorded on April 27, 1970, as Document No. 2440, in Book D4697, page 167, of said Official Records.

Containing: 5,002" square feet

EXHIBIT A

AA D:/legal/Coyote55
6-28-00

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the within deed or grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, California, acting as the governing board of the ORANGE COUNTY FLOOD CONTROL DISTRICT, pursuant to authority conferred by resolution of the said Board of supervisors adopted on November 4, 1975, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorized officer.

Dated_________________________

ORANGE COUNTY FLOOD CONTROL DISTRICT,

By__________________________________________
Vicki L. Wilson, Director
Public Facilities and Resources Department
Per Minute Order dated March 16, 1993

APPROVALS

KDR:sl
MP-9:82/acceptORANGE