CC - 2010-02 - Offer of Dedication (Public Sewer Easement) Parcel No 5289-011-060RESOLUTION NO. 2010-02
AUTHORIZING THE RECOGNITION OF THE
OFFER OF DEDICATION (PUBLIC SEWER
EASEMENT) FOR THAT PORTION OF LA
COUNTY ASSESSORS PARCEL NO. 5289-
011-060 PROPOSED FOR USE FOR PUBLIC
SEWERS.
WHEREAS, the Rosemead Municipal Code requires installation of
sanitary sewer facilities 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 development requires the construction of a public sewer,
which requires the dedication of an easement for public sewer mains, access,
ingress and egress purposes, including, but not limited to, rights for installation,
maintenance and above and below ground; and
WHEREAS, in conjunction with the development activities undertaken on
the Parcel, the owners of each Parcel, pursuant to Government Code Section
705b, have executed irrevocable offers to dedicate those portions of the Parcel
defined and described in the offers of dedication attached hereto as Attachment
"B"; and
WHEREAS, the owners of the Parcel have requested permits for the
construction of a public sanitary sewer per Los Angeles County Sewer Project
No. PC 05-02 in connection with Tract No. 54385 giving rise to the irrevocable
offers of dedication which the Los Angeles County Consolidated Sewer
Maintenance District and the City Engineer have deemed necessary and
appropriate for acceptance for maintenance of the sanitary sewer; 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 sanitary sewer,
access, ingress, and egress purposes, including, but not limited to, rights for
installation, maintenance and improvement of public sanitary sewer public
facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS
FOLLOWS:
1
Section 1. The City of Rosemead hereby authorizes the recordation of
the offer of dedication attached hereto as Attachment "B" for those portions of
the Parcel designated as being dedicated for public sanitary sewer, access,
ingress, and egress purposes, including, but not limited to, rights for installation,
maintenance and improvement of sanitary sewer 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 (2- DAY OF 7Gh , 2010.
Ory C%~
Margar Clark, Mayor
.ATTEST:
ha't~cl QAO-01
Gloria Molleda, City Clerk
APPROVED AS TO FORM::
ti
Josep V. Monte , City Attorney
2
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. 2010-02 being:
AUTHORIZING THE RECOGNITION OF THE OFFER OF DEDICATION (PUBLIC
SEWER EASEMENT) FOR THAT PORTION OF LA COUNTY ASSESSORS PARCEL
NO. 5289-011-060 PROPOSED FOR USE FOR PUBLIC SEWERS.
was duly and regularly approved and adopted by the Rosemead City Council on the 12th of
January, 2010, 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: JANUARY 12, 2010
SUBJECT: RESOLUTION NO. 2010-02 AND NO. 2010-03, AUTHORIZING THE
RECORDATION OF IRREVOCABLE OFFERS OF DEDICATION
(PUBLIC SEWER EASEMENTS) FOR THOSE PORTIONS OF LA
COUNTY ASSESSORS PARCEL NOS. 5289-011-060 AND 5289-011-
061 PROPOSED FOR USE FOR PUBLIC SANITARY SEWERS
SUMMARY
In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the
owner(s) of the property located at 3047-3061 Ivar Avenue, Rosemead, California have
submitted executed irrevocable offers of dedication. The irrevocable offers of
dedication have been determined by the City Engineer to be necessary and appropriate
to permit the installation of a public sanitary sewer system in accordance with Los
Angeles County Department of Public Works (LACDPW) and City standards for new
sewer systems.
Staff Recommendation
Staff recommends that the City Council adopt resolutions No. 2010-02 and 2010-03,
authorizing the City Engineer to execute and record the irrevocable offers of dedication
for L.A. County Assessor Parcel Nos. 5289-011-060 and 5289-011-061 (also known as
Lot 4 and 5) of Tract No. 54385.
DISCUSSION
By way of background, the City Council approved Tract No. 54385 along with an
undertaking agreement on June 26, 2007. The undertaking agreement guaranteed the
construction of sanitary sewer laterals among other public improvements and amenities
to serve the new subdivision. The final map for Tract No. 54385 was recorded August
2, 2007.
Recently, the City Engineer received a proposal from the owners of Lots 4 and 5 of
Tract No. 5485, located at 3047-3061 Ivar Avenue, to construct a public sanitary sewer
in lieu of the sewer laterals originally required under the conditions of approval for the
subdivision approved by the City Council on June 26, 2007. It has been determined
that this proposal will adequately serve these properties and meet City and LACDPW
requirements.
APPROVED FOR CITY COUNCIL AGENDA:
ITEM NO. AL-
City Council Meeting
January 12, 2010
Paqe 2 of 2
Sewer improvement plans were prepared by the property owner's civil engineer and
approved by LACDPW. The approval is subject to the granting of a ten (10) foot wide
easement to the City for maintenance and operations functions of the sanitary sewer
system. In response to LACDPW's request, the property owner's civil engineer has
prepared and submitted two (2) executed irrevocable offers of dedication. The City
Engineer has determined that the irrevocable offers of dedication as submitted are
appropriate, necessary, and adequate to ensure compliance with City and LACDPW
requirements for new sewer systems.
In accordance with Government Code Section 7050, the irrevocable offers of dedication
remain in effect until accepted by the City Council. These offers may not be terminated,
or the right to accept the offer abandoned, except by Resolution of the City Council.
Further, the irrevocable offers 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 irrevocable offers of dedication will be brought back to the
City Council at such time as the property owner(s) of Tract No. 54385 have installed the
public sanitary sewer system within the proposed ten (10) foot wide easement to the
satisfaction of both the LACDPW and the Public Works Department.
FINANCIAL REVIEW
There is no direct financial impact associated with the installation of the proposed public
sanitary sewer. Once installed, the proposed public sanitary sewer system will become
part of the Los Angeles County Consolidated Sewer Maintenance District.
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: / D
Lucien J. Le BI c, P. E. Chris Marcarello
City Engineer Deputy Public Works Director
Attachment A: Resolution No. 2010-02 and 2010-03
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 Ordinance was duly introduced and placed upon its first reading a
regular meeting of the, City Council on the day of , and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council
on the day of by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Gloria Molleda, City Clerk
EXHIBIT 'A'
USPO MAILING ADDRESS:
3047-30611varAvenue
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
5289-011-060
LEGAL DESCRIPTION OF PARCEL:
Lot 4 of Tract No. 54385, in the City of Rosemead, County of Los Angeles, State of
California, as per Map recorded in Book 1337, Pages 48 and 48 of Maps, in the office
of the County Recorder of said County.
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
AT I N: CITY CLERK
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
USE
This Irrevocable Offer of Dedication ("Offer") is made and effective this (
day of , 2009 by Lanh Tich Trinh, Linda Man B. Trinh, Yen Tran, and My Bach
Trinh ("Offeror") for 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 City Council approved Tract No. 54385 along with an undertaking agreement
on June 26, 2007. The undertaking agreement guaranteed the construction of sewer laterals
among other public improvements and amenities for Tract No. 54385.
B. The offerers have proposed the construction of a public sanitary sewer in lieu of
the sewer laterals originally required under the conditions of approval for Tract No. 54385 and
guaranteed by the undertaking agreement.
C. The construction of a public sanitary sewer system meeting the requirements of
both the Los Angeles County Department of Public Works (LACDPW) and the City of
Rosemead requires dedication of a ten (10) foot wide easement for public sewer maintenance,
access, ingress and egress purposes.
D. The City Engineer has reviewed and evaluated the offerers above proposal and
has determined that the construction of a public sanitary sewer system in lieu of sewer laterals
will be in the interest of the City of Rosemead.
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
-I-
depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Property").
Such dedication shall be for public sanitary sewer, access, ingress and egress purposes,
including, but not limited to, rights for installation, maintenance and improvement of sanitary
sewer facilities above and below ground.
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
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 hasihave the authority to bind Offeror to the performance of its obligations
hereunder.
-2-
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
first written above.
OFFEROR:
By: oCaeI o lam/ ~ / ti
Name: Lanh Tich Trinh
CONSENT BY: City of Rosemead
By:
Name:
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
OFFEROR:
By:
Name: Linda Man B. Trinh
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
OFFEROR:
i
By: 1t-Acs P.v
Name: Yen Tran
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
OFFEROR:
By:
Name: My Bach Trinh
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
Title: City Engineer
(Proper Notarization of signature is
required and shall be attached)
ATTEST:
City Clerk
-3-
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ti~ e--=-
On t2 z_o o l before me, cpQ'-~ G i 4~l N°-rP.tz C Pti g'o C_
(Here insert name and title or the officer)
personally appeared 1f E rj j ;-v ' \ , tip. r5AL*A t rz: rn l '
r L-.f r+'DF~ Man( -a r~u+.n-~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/slie/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 Linder the laws of the State of California that the foregoing paragraph
is trite and correct.
WITNESS my hand and official seal.
c~ (Notary Seal)
S ignature ofN rublic
CORY D. CHAU
COMM. i1 7845W
NOTARY PUBLICS CwrORIRA
LOS ANGELES COUNTY
Cotnm. Exp. DEC. 8, 2071
EXHIBIT 'A'
LEGAL DESCRIPTION:
That portion of Lot 4 of Tract No. 54385, in the City of Rosemead, County of Los
Angeles, State of California, as per Map recorded in Book 1337, Pages 48 and 49 of
Maps, in the office if the County Recorder of said County, described as follows:
The southerly 10.00 feet of Lot 4 of said Tract, except therefrom the westerly 56.50 feet
of said Lot.
-4-
EXHIBIT "B": PLAT AND
LEGEND:
W!~ HONG cao
%71f~~ INDICATES 10' WIDE SANITARY SEWER AND
INCIDENTAL PURPOSES EA5EMENT BEING GRANTED f~
BY THIS DOCUMENT EXP. 9/30/11
No. 6924
P/L (TYP.) = PROPERTY LINE (TYPICAL)
"y~F OF C4
24' 24'1
P/L (TYP.)
- - I
TRACT Na.1 54385, 1
4 f 6
Area= 1,602 S.F. I I
56.50'-{ M
o -1x4.5 F o
3 2 1
M.B, 1337 -;48 - 49 i
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l~o'f h - ARt1 S Z ~g - v l t - raly \ 1 24' 24' 1
GARVEY AVENUE
- -
Scale: 1" - 60'
Date: 11-12-09
PLAT TO ACCOMPANY A LEGAL DESCRIPTION:
Scale: I" = 60'
k
TRITECH PREPARED BY: ASSOCIATES INC.,
,
10' WIDE SANITARY SANITARY SEWER AND
Designed; -
135 N SAN GABRIEL BL
INCIDENTAL PURPOSES
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CA 91775
SAN GABRIEL
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3047-305
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(iEi) 626-570-1918
ROSEMEA D, CA 91770
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(FAX) 626-570-1212