CC - Item 6F - Irrevocable Offer of Dedication for Parcel 8595-011-009 - Resolution 2010-06ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: FEBRUARY 23, 2010
SUBJECT: RESOLUTION NO. 2010-06 CONSENTING TO THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 8595-011-
009 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 9011 East Garvey 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. 2010-06, authorizing the
City Engineer to execute and record the irrevocable offer of dedication for County
Assessor Parcel No. 8595-011-009.
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 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-a-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.
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO.
City Council Meeting
February 23, 2010
Page 2 of 2
The owner(s) of County Assessors Parcel No. 8595-011-009, located at 9011 East
Garvey Avenue, Rosemead have executed an offer of dedication for additional right-a-
way to accommodate the planting of a street tree in connection with building Permit No.
B00-001-607 and conditional use permit (CUP) 09-05 for a proposed mini-mall
development. 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 Property owners have installed a parkway tree 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 parkway tree will be added to the City's tree maintenance
schedule and 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:
C~C,0,.
Lucien J. Le Blanc, P. E.
City Engineer
Chris Marcarello
Deputy Public Works Director
Attachment A: Resolution No. 2010-06
RESOLUTION NO. 2010-06
CONSENT TO THE RECORDATION OF THE
OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS
PARCEL NO. 8595-011-009 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 proposed in connection with conditional use permit (CUP) 09-05
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 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:
LA #4828-3808-5636 V1
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 DAY OF 12010.
Margaret Clark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
2
I.H 44828-3808-5636 V1
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
LA #4828-3808-5636 V1
EXHIBIT `A'
USPO MAILING ADDRESS:
9011 East Garvey Avenue
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
8595-011-009
LEGAL DESCRIPTION OF PARCEL:
The southerly 130 feet of Lot 13 of E.J. Baldwin First Subdivision of Rancho Potrerc
Grande in the City of Rosemead, County of Los Angeles, State of California, as per
map recorded in Book 66, Page(s) 94 and 95 of Maps, in the Office of the County
Recorder of said County Except the easterly sixty (60.00) feet of said lot.
LA 49828-3808-5636 V1
EXHIBIT `B"
(SEE ATTACHED)
n #4828-3808-5636 V1
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 LINE.
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ("Offer") is made and effective this 101
day ofbOCglAAtF, 2009 by jAl4 UIV l3rair) y II ("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
LA #4822-1026-6368 v I -I-
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.
CONSENT BY: City of Rosemead
By:
Name:
Title: City Manager
(Proper Notarization of signature is
required and shall be attached)
LA #4822-1026-6368 vt _2_
Title: VIOLA MM I`'1emlxr
(Proper Not iz n of signature is required
and shall be attached)
OFFEROR:
By: ed
Name:
Title: McY11 Y
(Proper Notarization of signature is required
and shall be attached)
ATTEST:
City
Clerk
LA #4822-1026-6368 vl -3-
ACKNOWLEDGMENT
State of California
County of
On 2 ~b D before me,
A Notary Public in and for. said State personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
ishafe subscribed to the within instrument and acknowledged to me that4w/she/they executed
the same in his/her/their authorized capacity(ies), and that by-histher/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 under the laws of the State of California that the
foregoing paragraph is true and correct.
ITNESS my hand and official seal.
Signatur
Comm."11822189
~~~pyw Rea At 6)o~
SI Notary PudlC •Californuk
Ji Los Angeles County
Comm. Expires Dec 10, 2012
(Seal)
ACKNOWLEDGMENT
State of California
County of S fC
2 " 0 before me,
On
A Notary Public in and for said State personally appeared I LL,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/ere-subscribed to the within instrument and acknowledged to me thattmgshe/they executed
the same in-hWher/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 under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatu
Comm. 1182789
y Notary Pub C •California fi
7Los Angeles County
Comm. Expires Dec 10, 2012
(Seal)
Exhibit A
An easement for public road purposes the following described real property situated in the
City of Rosemead, County of Los Angeles, State of California, being a portion of Lot 13 of
E.J. Baldwin's First Subdivision in the Rancho Potrero Grande, as shown on map recorder
in Book 66 pages 94 and 95 Miscellaneous Records of Los Angeles County, within the
following described boundary lines:
Beginning at the Southwest corner of said Lot 13 of E.J. Baldwin's First Subdivision in the
Rancho Potrero Grande; thence along the westerly line of said Lot 13, N 00°05'10" W
19.945 feet, thence perpendicular to said westerly line N 89°54'50" E 10.00 feet to the
True Point of Beginning. Thence N 00°05'10" W 109.92 feet to the northerly line of the
southerly 130 feet of E.J. Baldwin's First Subdivision in the Rancho Potrero Grande:
thence 5 89°46'41" E along said northerly line 4.00 feet; thence S 00°05'10" E 36.92 feet;
thenceO 89°54'50"W 2.00 feet; thence S 00°05'10" E 60.06 feet to the beginning of a
tangent curve concave easterly having a radius of 13.00 feet, a central angle of 89°40'50",
thence southeasterly along said curve a distance of 20.35 feet; thence N 89°46'00" W
14.93 feet to the True Point of Beginning.
(To be known as ROSEMEAD PLACE)
A.P.N.8595-011-009
LA #4822-1026-6368 vl -4-
EXHIBIT "B"
DRAWING OF DEDICATION
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N89'46'00"W 109.22'
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-GARVEY
DENOTES LAND OFFERED
FOR DEDICATION
AvENUE
ADDRESS OF PROPERTY
9011 GARVEY AVENUE
ROSEMEAD, CA 91770
A.P.N. 8595-01 1 -009
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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
modification 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 filed,
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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