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Home My WebLink AboutItem 10i - Deed Restriction at Hugo Reid Park and Bonita ParkApprove Recording of Deed Restriction at Hugo Reid Park and Bonita Park May 21, 2024 Page 1 of 2 DATE: May 21, 2024 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Daniel Vargas, Management Analyst SUBJECT: RECORD DEED RESTRICTION AT HUGO REID PARK AND BONITA PARK TO COMPLY WITH MEASURE A GRANT REQUIREMENTS CEQA: Not a Project Recommendation: Approve SUMMARY On March 19, 2024, the City Council adopted Resolution No. 7549 approving a blanket authority to file applications for the Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure (“Measure A”) grant funds, from the Los Angeles County Regional Park and Open Space District (“RPOSD”). As a condition of the Measure A grant, the City must record a deed restriction on any property where grant-funded projects will be implemented. The deed restriction requires the property to be used as open space in perpetuity. It is recommended that the City Council authorize recording a deed restriction at Hugo Reid and Bonita Park to comply with Measure A grant requirements. BACKGROUND Measure A provides funding for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; and support recreational programming. The City of Arcadia has a total of $1,364,500 of Measure A grant funds available through the program’s formula-based allocations. On average, the City’s annual allocation of Measure A grant funds is approximately $230,000. To access these funds, the City must submit grant applications for each park and open space project that meets the eligibility requirements. On March 19, 2024, the City Council approved the blanket authority to file Measure A grant applications to request funds from RPOSD. To qualify and receive Measure A funds, a deed restriction must be recorded for each property where grant funded projects are taking place. DISCUSSION On January 17, 2023, the City Council approved, authorized, and directed the City Manager to execute a contract with Ace Construction, Inc. for the Baseball Field Bleacher Project, in the amount of $866,000.19. The project includes the installation of new Approve Recording of Deed Restriction at Hugo Reid Park and Bonita Park May 21, 2024 Page 2 of 2 bleachers and shade canopies at Hugo Reid and Bonita Park. In addition to the installation of bleachers and shade canopies, ADA improvements to the parks’ restrooms and parking lots will also be completed; the project is expected to begin in late June 2024. The Public Works Services Department (“PWSD”) submitted a Measure A grant application for the Baseball Field Bleacher Project. If successful, the City will be reimbursed a total of $888,696, which includes reimbursement for in-house, direct City employee labor costs. As a condition of the Measure A grant funding, the City must record a deed restriction at Hugo Reid and Bonita Park. The deed restriction is required by RPOSD to ensure the project developed using Measure A funds is maintained and operated by the City in perpetuity. The deed restriction also ensures that the properties are used for a purpose consistent with the grant scope and remain permanent public resources. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The Baseball Field Bleacher Project was budgeted in the Fiscal Year 2022-23 Capital Improvement Program. On January 17, 2023, the City Council approved and authorized the City Manager to execute a contract with Ace Construction, Inc. for the Baseball Field Bleacher Project, in the amount of $866,000.19 plus a 9% contingency. If successful, the Measure A grant will reimburse the City $888,696 for the Baseball Field Bleacher Project and will include reimbursement for in-house, direct City employee labor costs. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and authorize recording a deed restriction at Hugo Reid Park and Bonita Park to comply with Measure A grant requirements. Attachment: Deed Restriction for Hugo Reid and Bonita Park RECORDING REQUESTED BY: Los Angeles County Regional Park and Open Space District WHEN RECORDED MAIL TO: Los Angeles County Regional Park and Open Space District 1000 S. Fremont Avenue, Unit #40 Building A-9 East, Ground Floor Alhambra, CA 91803 Attn: Administration Section DEED RESTRICTION I. WHEREAS, the City of Arcadia [hereinafter referred to as “Owner(s)”] is/are recorded owner(s) of the real property described in Exhibit “A”, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and II. WHEREAS, the City of Arcadia (hereinafter referred to as “Grantee”); and III. WHEREAS, the Los Angeles County Regional Park and Open Space District (hereinafter referred to as the “District”) is a public agency created and existing under the authority of Section 5506.9 et seq of the California Public Resources Code (hereinafter referred to as the “PRC”); and IV. WHEREAS, Owner(s) (or Grantee) applied to the District for grant funds available pursuant to the Measure A Grant Program for Annual Allocations; and V. WHEREAS, on _________ ___, 2024 the District conditionally approved Grant No. ____- __-____ (hereinafter referred to as “Grant”) for the Baseball Field Bleacher Project on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and VI. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the District’s Grant Program, Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation (Measure A), and the funds that are the subject of the Grant could therefore not have been granted; and VII. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s) to receive the Grant funds and perform the work described in the grant. NOW, THEREFORE, in consideration of the award of the Grant funds by the District, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns and successors-in-interest, hereby irrevocably covenant(s) with the District that the condition of the Grant (set forth at paragraphs 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions, and restrictions on the use and enjoyment of the Property that are here by attached to the deed of the Property as fully effective components thereof. 1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest in perpetuity. 2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, Section 8 of the California Constitution and b) Section 402(i) of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 3. RIGHT OF ENTRY. The District or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. The District may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of the District to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated____________ ____, 20___ Signed: ________________________________ Signed: ____________________________ _________________________________ _____________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON NEXT PAGE** 1 Exhibit “A” (Legal Description of Property) HUGO REID PARK For APN/Parcel ID(s): 5777-005-900 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: TRACT NO 949 4.76 MORE OR LESS ACS COM AT NW COR OF LOT 9 TR NO 15960 TH S ON W LINE OF SD LOT 128.68 FT TH N 88¢13' W 143.01 FT TH S 0¢04'30" W 43.93 FT TH S 49¢04' W 265.03 FT TH S 0¢04'30" W 166.09 FT TH N 83¢23'29" W 25.22 FT TH S 0¢04'30" W 113.29 FT TH N 89¢55'30" W TO E LINE OF MICHILLINDA AVE TH N THEREON 755.93 FT TH N 89¢06' 50" E TO W LINE OF DE ANZA PL TH S THEREON TO BEG PART OF LOT 6 BONITA PARK For APN/Parcel ID(s): 5773-015-936 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: POR OF SANTA ANITA TR POR OF BLK 58