CC - Item 8F - Irrevocable Offer of Dedication for Parcel No 5285-002-026ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER (l/j
DATE: JANUARY 26, 2010 `
SUBJECT: RESOLUTION NO. 2010-05 AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5285-002-
026 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 2706 Lindy 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., 2.01 0-95 authorizing the
City Engineer to execute and record the irrevocable offer of dedication for L.A. County
Assessor Parcel No. 5285-002-026.
DISCUSSION
By way of background, the City Council amended the Rosemead Municipal Code
Section 15.04.040 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 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 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.
ITEM NO. 8F
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
January 26, 2010
Paae 2 of 2
The owner(s) of L.A. County Assessors Parcel No. 5285-002-026, located at 2706 Lindy
Avenue, Rosemead, California have executed an offer of dedication for additional right-
of-way to accommodate the planting of a street tree in connection with building Permit
No. B00-001-668. 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 sidewalks. 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 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:
LAXC'
Lucien J. Le Blanc, P. E.
City Engineer
Submitted By:
Chris Marcarello
Deputy Public Works Director
Attachment A: Resolution No. 2010-05
RESOLUTION NO. 2010-05
AUTHORIZING THE RECOGNITION OF THE
OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS
PARCEL NO. 5285-002-026 PROPOSED FOR
USE FOR PUBLIC SIDEWALKS AND
AMENITIES.
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:
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 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 DAY OF 12010.
Margaret Clark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM::
Joseph M. Montes, 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 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:
2706 Lindy Avenue
Rosemead, California
91770
L.A. COUNTY ASSESORS PARCEL NO.
5285-002-026
LEGAL DESCRIPTION OF PARCEL:
Lot 44 of Tract No. 5785, in the City of Rosemead, County of Los Angeles, State of
California, as per map recorded in Book 63, Page(s) 90 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
ATTN: CITY CLERK
SPACE ABOVE THIS LPJE FOR RECURDINU USE
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
Zo t
This Irrevocabler of Dedication ("Offer") is made and effective this 61,ry6P f~
day of A UA2$ by Alan Sun and Mandy Ho Sun, a husband and wife as joint tenants
("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 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
-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
/-11- io
By: AZ-- By:
If I
Name: Alan Sun Name:
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)
-2-
OFFEROR:
By: -"ak' - I ho
Name: Mandy o Sun
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
ATTEST:
City
Clerk
-3-
EXHIBIT 'A'
LEGAL DESCRIPTION:
The Westerly 2-feet of the Southerly 11-feet of the Northerly 35.5-feet of Lot 44 of Tract
No. 5785, in the City of Rosemead, County of Los Angeles, State of California, as per
map recorded in Book 63, Page(s) 90 of Maps, in the office of the County Recorder of
said County.
To be known as Lindy Avenue.
APN: 5285-002-026
-4-
>;Xit1a71T rt;~r
(~C~brlD
oa
s
s
s -
O
~a
g~
~ A~jo,oo'
N ,~I
N dy
12ENo'ft5._%/N-4 D
a %At,rop ror&
vocv i cea-rjcw~
~N
LjGA1,E ;
T
J3
I
AN E N v e
RnorLre,jr-A of Pr+~Petz'ry
AVWV4 S28c~- oo2 - o2Cv
IN(
4
EtcP~R.ES
-r. ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of L5 _'S jA psc, o_le S
On _IGY1 2c10 before me, F~rk4 germrilg A36 2rc.t ~i~t1IfC.
date Here Insert Name and Title of the ¢er
personally appeared 4~Ih `JLNa nr~ k"t (s)f~ygner(s)
CC~) ~
Name( ol57
who proved to me on the basis of satisfactory
evidence to be the persoQja hose nam~ Is re
subscribed to the within instrument and acknowledged
to me that he/sheog executed the same in
his/her/t it authorized capacity les , and that by
his/her/t eir signature(s) on the instrument the
ERICKA HERNANDEZ
person(s), or the entity upon behalf of which the
Commission t 1809512
person(s) acted, executed the instrument.
Notary Public - Californis
%
Los Mimes
County
Comm. Ex fires Ju
MY
n
21.2012
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:
Place Notary Seal and/or Stamp Above
Signature of R Mary Public
OPTIONAL
Though the information 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
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) ' I J~_
Signer's Name: A,AV1 Sun Signer's Name: MGJ~A~ t~ S-AA ❑ Corporate Officer - Title(s):
Individual
❑ Partner - ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Corporate Officer - Title(s):
Individual
❑ Partner - ❑ Limited ❑ General Too of tl n me Here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
eOMll uminnal untarv eewionm.o3VlMSntn AOO Pin MV9",r.fiat-r6h Ce 91 31 3 94110-NatinrulNotnrv.oro
Item95gn] Rwa1er.Call Tc1l+reef-8W 76-fi821
Title 15 BUILDINGS AND CONSTRUCTION Page I of I
15.04.040 Planting of street trees-Closure of driveway approaches not in use.
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 §71 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8104)
hfrn•//1 i'nrani7 mnn irnAa rnm /AAf nl4_+ac+TnrVie:v/19,41/1/109h~1i4r_nrrlinan ra•nrrlinan 1 n/1) 1 nnna
Tide 15 BUILDNGS 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 fog 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. 754 § 2 (part), 1995: prior code § 8105)
t,+tr-/n;t,..,,~n Kcni n n i nni mnna