CC - 2009-53 - Recordation of Dedication for parcel No 5371-007-044RESOLUTION NO. 2009-53
CONSENTING TO THE RECORDATION OF THE
OFFER OF DEDICATION FOR THOSE PORTIONS
OF LA COUNTY ASSESSORS PARCEL NO. 5371-
007-044 PROPOSED , FOR USE FOR PUBLIC
IMPROVEMENTS.
WHEREAS, the Rosemead Municipal Code requires installation of parkway
trees in connection with certain development activities; and
WHEREAS, for development activities undertaken on those parcels of real
property more fully defined and described in Attachment "A" hereto ("Parcel' or
"Parcels"), such installation requires the relocation of a portion of the public sidewalk,
which requires the dedication of additional right-of-way for public sidewalk, right-of-
way, access, ingress, egress and utility purposes, including, but not limited to, rights for
installation, maintenance and improvement of sidewalk, utility and other above and
below ground public facilities; and
WHEREAS, in conjunction with the development activities undertaken on the
Parcels, the owners of each Parcel, pursuant to Government Code Section 7050, have
executed irrevocable offers to dedicate those portions of the Parcels defined and
described in the offers of dedication attached hereto as Attachment "B"; and
WHEREAS, the owners of the Parcel have obtained permits for the renovations
giving rise to the irrevocable offers of dedication which the City Engineer deemed
necessary and appropriate in conformity with the Municipal Code ; and
WHEREAS, the Parcel owners intend to install a parkway tree(s) and it is
necessary to relocate the sidewalk in the vicinity of the tree(s) to ensure compliance
with the Americans with Disabilities Act, as well as City standards for sidewalks; and
WHEREAS, it is in the best interest of the City to record the executed offer of
dedication of those portions of the Parcel for public sidewalk, right-of-way, access,
ingress, egress and utility purposes, including, but not limited to, rights for installation,
maintenance and improvement of sidewalk, utility and other above and below ground
public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The City of Rosemead hereby consents to the recordation of the
offer of dedication attached hereto as Attachment "B" for those portions of the Parcel
designated as being dedicated for public sidewalk, right-of-way, access, ingress,
egress and utility purposes, including, but not limited to, rights for installation,
maintenance and improvement of sidewalk, utility and other above and below ground
public facilities.
Section 2. The City Engineer is hereby authorized to execute and record the
offer of dedication for the Parcel in the Office of the Clerk/Recorder for the County of
Los Angeles.
Section 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 1 ~F~ DAY OF /OV, 2009.
Margare lark, Mayor
ATTEST:
loria Molleda, City Clerk
APPROVED AS TO FORM:
4ju etL2~t4 Joseph M. Montes, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rose d, do hereby certify that the
foregoing Ordinance was duly introdu and placed upon its first reading a
regular meeting of the City Council on the day of and that
thereafter, said Ordinance was dulZaded and passed at a regular meeting of the
City Council on the day of by the following vote, to wit:
AYES: COUN MEMBERS:
NOES: CO CILMEMBERS:
ABSENT: NCILMEMBERS:
Gloria Molleda, City Clerk
EXHIBIT 'A'
USPO MAILING ADDRESS:
3720 Earle Avenue
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
5371-007-044
LEGAL DESCRIPTION OF PARCEL:
LOT 29 of Tract No. 7062, in the City of Rosemead, County of Los Angeles, State of
California, as per Map Recorded in Book 109, Page 20 & 21 of Maps in the office of the
County Recorder of said County.
EXHIBIT `B"
(SEE ATTACHED)
OFFICIAL BUSINESS.
Document entitled to free
recording per Government
Code § 6103 and § 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ROSEMEAD
8838 EAST VALLEY BLVD
ROSEMEAD, CA 91770
ATIN: CITY CLERK
SPACE ABOVE THIS LINE FOR RECORDING USE
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ("Offer") is made and effective this k3~
day of 2009 by Tai Le and Yu Zhen Wu, Husband and Wife joint tenants,
("Offeror") To exclusive acceptance by the CITY OF ROSEMEAD, a municipal corporation
("City"). This Offer is irrevocable and shall be absolutely binding upon the Offeror, its heirs,
successors, assigns, and all persons claiming an interest in the property offered for dedication.
RECITALS
A. The Rosemead Municipal Code requires installation of parkway trees in
connection with certain development activities. Such installation may require relocation of the
sidewalk, which may require the dedication of additional right of way to accommodate the
relocated sidewalk.
B. Offeror has undertaken development activity which requires installation of a
parkway tree(s) and a relocation of the sidewalk in the vicinity of the tree is necessary to ensure
compliance with the Americans with Disabilities Act, as well as City standards for sidewalks.
OPERATIVE PROVISIONS
NOW THEREFORE, in consideration of the mutual promises, approvals, and covenants
made by the parties and other considerations, the value, adequacy and receipt of which are
hereby acknowledged, the parties agree as follows:
1. Irrevocable Offer Of Dedication. Offeror does hereby irrevocably offer to
dedicate an easement upon, under, through and above the property described on Exhibit "A" and
depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Property").
Such dedication shall be for public sidewalk, right-of-way, access, ingress, egress and utility
purposes, including, but not limited to, rights for installation, maintenance and improvement of
sidewalk, utility and other above and below ground public facilities.
2. Time And Manner Of Acceptance. In accordance with Government Code
Section 7050, this Offer shall remain in effect until accepted by the City Council. This Offer
may not be terminated, or the right to accept the Offer abandoned, except by Resolution of the
LA 94822-1026-6368 v1 -1-
City Council in the same manner as prescribed for summary vacation of streets or highways by
Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.
3. Offer Runs With Land. The provisions of this Offer shall inure to the benefit of
and be binding upon the Owner and their heirs, successors or assigns, subsequent transferees and
any other person claiming an interest in the Property.
4. Waiver of Compensation. Offeror hereby expressly and unconditionally waives
any and all right to claim, demand, or receive any further compensation for the Dedication which
Offeror may be eligible to receive under the California Relocation Assistance Act (Government
Code §7260, et seq.), article 1, § 19 of the California Constitution, the California Eminent
Domain Law (Code of Civil Procedure §1230.010, et seq.), and/or the California Code of
Regulations, Title 25 or other applicable local, state, or federal statute, ordinance, regulation,
rule, or decisional law (collectively "Compensatory Laws"), including, but not limited to, the fair
market value of the property, severance damages, loss of goodwill, loss of profits, or relocation
benefits and assistance, or claims for unreasonable precondemnation activities or inverse
condemnation, or any other compensation as a result of the City's requirement of the Dedication
and/or acceptance of the Dedication. Furthermore, Offeror hereby expressly releases the City of
Rosemead, and their respective officials, officers, employees, representatives, successors and
assigns, from any liability, responsibility, or obligation to pay any further compensation for the
City's requirement of the Dedication and/or acceptance of the Dedication which Offeror may be
eligible to receive under the Compensatory Laws as a result thereof.
5. Authority To Execute. The person or persons executing this Offer on behalf of
Offeror warrants and represents that he/she/they has/have the authority to execute this Offer on
behalf of his/her/their corporation, partnership, or business entity and warrants and represents
that he/she/they has/have the authority to bind Offeror to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
first written above.
OFFEROR:
CONSENT BY: City of Rosemead
By: ` - BY
Name: Tai Le
Title: Owner (Husband)
(Proper Notarization of signature is required
and shall be attached)
Name:
Title: City Manager
(Proper Notarization of signature is
required and shall be attached)
LA #4822-1026-6368 A -2-
OFFEROR:
By:
Name: Yu Zhe Wu
Title: Owner (Wife)
(Proper Notarization of signature is required
and shall be attached)
ATTEST:
City
Clerk
LA 94822-1026-6368 v1 -3-
Exhibit A
Legal Description
(3720 Earle Ave, Rosemead Ca)
The Southerly eleven (11) feet of the Northerly twenty-nine (29) feet of the Westerly one & one
half (1.5) feet of lot 29 of Tract No. 7062, in the City of Rosemead, County of Los Angeles,
State of California, as per map recorded in Book 109, Page 20 & 21 of maps, in the office of the
County Recorder of said County
To be known as Earle Avenue
NO. 22388
ExP : 9 ,/o
LA 94822-1026-6368 vl -4-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~CfZ-,, Pvc~e_.`l I -
On,,~1~2co~ before me, C-t"L:, \vlc>~1Pri~ c, YGr I i~ h \C
Date' Here IMert Name aftd ilia Of Ne OfOCer
personally appeared \P
GLORIA MOLLEDA
C0mm1331on * 1192919
-s Notary Public • California
Los Angeles County
Comm. Ex es r 2, 2012
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m hand and official seal.
Signat:e a Gt 0 )l"
Place Notary Seal Above Signature of Notary Public
who proved to me on the basis of satisfactory evidence to
be the person(sLwhose name(s) A/are subscribed to the
within instrument and acknowledged to me that
-he/she/they executed the same in Wc,11herliheir authorized
capacity(ies , and that by his; g heir signatureUs on the
instrument the personj§j or the entity upon behalf of
which the person(a acted, executed the instrument.
OPTIONAL
Though the inlormatioc) below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1 , (
Title or Type of Document: 1 '~lr~l acj t,6 1~ l*y- CS'C- dn
Document Date: ~2 00 p 1 Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
~Signer's Name:\
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qf- dividual
❑ Corporate Officer -Title(s):
-
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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Signer's Name:- u 214Pf-1 \A\„)
'dividual
❑ Corporate Officer-Title(s):
❑ Partner - ❑ Limited O General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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C2 National Notary Aasocaecn•9350 De SOW Aw., P.0.enr2402•Chat rth,CA 91313-2402-w NatiowlNotaryorg Item15907 Reorder:Call TofklcreelA 76-6927
Title 15 BUILDINGS AND CONSTRUCTION
15.04.040 Planting of street trees-Closure of driveway approaches not in use.
Page 1 of 1
A. The City Council finds that there are areas in all zones within the city where street trees are
lacking (or in such condition as to need repair or replacement). The lack of street trees is
detrimental to the public health, safety and welfare. The public health, safety and welfare will be
best protected and served by requiring the installation of street trees in instances of substantial
new construction.
B. Any owner, lessee, occupant or agent constructing or causing the construction, in any zone,
of any building, dwelling, building addition. or repair (whether interior or exterior), garage, carport
or other accessory building or structure (excluding swimming pools) estimated by the Building
Department on building plans to have a=value of ten thousand dollars ($10,000.00) or more
(except building permits for reconstruction as a result of fire damage or acts of God such as
earthquakes and storms), shall close all driveway approaches not in use or which are
considered unsafe for ingress or egress and'shall install street trees in accordance with city
standards, unless street trees already exist, on the street frontage of the parcel of land on which
the building or structure is to be constructed. When public right-of-way is needed to establish
street trees to city standards, the applicant shall, prior to issuance of a building permit, submit
an irrevocable offer to dedicate the necessary street frontage.
C. The Director of Planning and the Building Official shall not issue a certificate of occupancy
nor accept any structure for public utility connection, nor approve any structure or improvement
for use unless and until the provisions of this section have been complied with or a bond or cash
in sufficient sums to insure the installation required in subsection B of this section is filed with
and accepted by the Planning Department of the city, or modification therefrom has been
obtained, pursuant to the provisions of Section 15.04.050.
(Ord. 808 §'1 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8104)
httn•Nlihran~7 mnn irnrln nnm/rlvfm.lth<e4nlnnVia:v/1 f.C01 /1 /1 09i,ilita-nrAin an nP•nrAinan 1 n/1) 1 Mnno
Title 15 BUILDINGS AND CONSTRUCTION Page 1 of 1
15.04.050 Limited modification procedure-Planting of street trees.
A. Any person desiring to obtain a modification from the provision of Section 15.04.040 may
file with the Planning Commission a written application. The Planning Commission shall give the
applicant for such modification an opportunity to be heard if he or she so desires, and thereafter
may grant or deny the application for the modification, or'may grant the same upon such
conditions as the Planning Commission deems necessary for the preservation of the safety,
health or property of the general public.
B. The Planning Commission upon such application, or on its own motion, may grant a
B1.
from the provisions of Section 15.04.040 for one or more of the following reasons:
1. The installation of street trees, in the area involved, is included in a budgeted city
project or within an approved assessment district;
2. Because of the location of the property, the terrain or condition thereof, or other
similar reasons, the installation of street trees would be impractical or unnecessary or
would impose undue hardship on the owner of the property.
C. Within fifteen (15) days after receipt of written notice of the decision of the Planning
Commission concerning such modification application, any person affected thereby may appeal
to the City Council, by filing a notice of appeal with the City Clerk. Except in case of an appeal
filed by a governmental body or school district, such notice of appeal shall be accompanied by a
fifty dollar ($50.00) filing fee.
D. Unless the City Council, within thirty (30) days after notice of appeal has been fled,
determined to grant a hearing or to refer the matter back to the Planning Commission for
rehearing, the appeal shall be deemed dismissed and the decision of the Planning Commission
shall thereupon become final.
E. If the City Council determines to hear the appeal, ten days written notice such hearing shall
be mailed by certified mail to the appellant and to all persons who requested such notice at the
time of the hearing upon the application for modification before the Planning Commission.
F. The City Council may consider the appeal on the record, if any, made before the Planning
Commission, or de novo; and thereafter the City Council may refer the matter back to the
Planning Commission for further consideration or may reverse, affirm or modify the decision of
the Planning Commission subject to the same standards and, limitations imposed upon the
Planning 'Commission by this section. Except as herein expressly otherwise provided, the
decision of the City Council shall be final.
(Ord. 808 § 1 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8105)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2009-53 being:
CONSENTING TO THE RECORDATION OF THE OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS PARCELS NO 5371-007-044 PROPOSED
FOR USE FOR PUBLIC IMPROVEMENTS
was duly and regularly approved and adopted by the Rosemead City Council on the 17th of
November, 2009, by the following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 17, 2009
SUBJECT: RESOLUTION NO. 2009-53, AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5371-007-044
PROPOSED FOR USE FOR PUBLIC SIDEWALKS AND AMENITIES
SUMMARY
In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the
owner(s) of the property located at 3720 Earle Avenue, Rosemead, California have
submitted an executed irrevocable offer of dedication. The irrevocable offer of
dedication has been determined by the City Engineer to be necessary and appropriate
to permit the installation of a street tree in accordance with city standards.
Staff Recommendation
Staff recommends that the City Council Adopt resolution No. 2009-53, authorizing the
City Engineer to execute and record the irrevocable offer of dedication for L.A. County
Assessor Parcel No. 5371-007-044.
DISCUSSION
By way of background, the City Council amended the Rosemead Municipal Code
Section 15.040.040 by its Adoption of Ordinance No. 808 on June 13, 2000 (copy
attached) which required, among other things that:
Any owner, lessee, occupant or agent constructing or causing the construction, in any
zone, of any building, dwelling, building addition or repair (whether interior or exterior),
garage, carport or other accessory building or structure (excluding swimming pools)
estimated by the Building Division on building plans to have a value of ten thousand
dollars ($10,000.00) or more (except building permits for reconstruction as a result of
fire damage or acts of God such as earthquakes and storms), shall install street trees in
accordance with city standards, unless street trees already exist, on the street frontage
of the land on which the building or structure is to be constructed. When public right-of-
way is needed to establish street trees to city standards, the applicant shall, prior to
issuance of a building permit, submit an irrevocable offer to dedicate the necessary
street frontage. The owner(s) of L.A. County Assessors Parcel No. 5371-007-044,
located at 3720 Earle Avenue, Rosemead have executed an offer of dedication for
additional right-of-way to accommodate the planting of a street tree in connection with
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO.
City Council Meeting
November 17, 2009
Paae 2 of 2
building Permit No. B00-000-690. The City Engineer has determined that the
irrevocable offer of dedication as submitted is appropriate, necessary, and adequate to
ensure compliance with the Americans with Disabilities Act (ADA), as well as City
standards for the construction of public sidewalks and amenities. Further, the City
Engineer has determined that it is in the best interest of the City to consent to the
recordation of the irrevocable offer of dedication as submitted.
In accordance with Government Code Section 7050, the irrevocable offer of dedication
remains in effect until accepted by the City Council. This offer may not be terminated,
or the right to accept the offer abandoned, except by Resolution of the City Council in
the same manner as prescribed for summary vacation of streets or highways by Part 3
(commencing with Section 8300) of Division 9 of the Streets and Highways Code.
Further, the irrevocable offer of dedication inures to the benefit of and is binding upon
the owner(s) and their heirs, successors or assigns, subsequent transferees and any
other person claiming an interest in the property.
The action of accepting the actual irrevocable offer of dedication will be brought back to
the City Council at such time as the Parcel owner(s) have installed a parkway tree(s)
and have modified and/or extended the sidewalk in the vicinity of the street tree to the
satisfaction of the City Engineer.
FINANCIAL REVIEW
There is no direct financial impact associated with the installation of the tree at this
location. Once installed, the tree will be added to the City's tree maintenance schedule
and be trimmed as needed.
ENVIRONMENTAL REVIEW
This project does not require environmental review
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney
Prepared By:
Submitted By:
C64.~
Lucien J. Le Blanc, P. E.
City Engineer
Chris Marcarello
Deputy Public Works Director
Attachment A: Resolution No. 2009-53