CC - Item 7E - Quitclaim Deed to Manheim Investments Inc, For City Property Adjacent to Previously Vacated Street at Denton Avenue Between Garvey and VirginiaROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 27, 2010
SUBJECT: QUITCLAIM DEED TO MANHEIM INVESTMENTS, INC. FOR CITY
PROPERTY ADJACENT TO PREVIOUSLY VACATED STREET AT
DENTON AVENUE BETWEEN GARVEY AVENUE AND VIRGINIA
STREET
SUMMARY
On August 14, 2007, the City Council approved Resolution No. 2007-27, vacating
Denton Avenue between Garvey Avenue and Virginia Street. This vacation was
completed and recorded at the request of the Los Angeles Dealer Auto Auction
(LADAA) in order to allow the LADAA to consolidate operations and secure its main
parking lot at this location.
During the recent sale of the LADAA property, it was determined that the City still holds
a small portion of Denton Avenue in fee. A quitclaim deed is necessary to convey the
release of this property.
Staff Recommendation
It is recommended that the City Council:
1. Approve Resolution No. 2010- 271, determining that the value of the parcel
described in Attachment 1 is of nominal value and authorizing the quitclaim deed
to Manheim Investments, Inc.;
2. Authorize the City Manager to sign the attached quitclaim deed for the parcel.
DISCUSSION
In 2007, the City Council approved the vacation of Denton Avenue between Garvey
Avenue and Virginia Street (Attachment 2). This portion of Denton Avenue is 45 feet
wide, approximately 410 feet long, and was previously used as a private driveway and
parking area for the LADAA.
During the recent sale of the LADAA property, a preliminary title report was prepared
describing the state of title of the property. Subsequently, staff was informed that a 4
APPROVED FOR CITY COUNCIL AGENDA:
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO
NAME : Randall R. Smith
ADDRESS: Six Concourse Parkway, Suite 1800
CITY: Atlanta
STATE & ZIP; Georgia 30328
TITLE ORDER NO. ESCROW OR LOAN NO. APN NO.
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is None - No Consideration Given CITY TAX NA
❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or
encumbrances remaining at time of sale,
❑ Unincorporated area: XX❑ City of Rosemead, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rosemead, a municipal
corporation (the "Grantor")
hereby remise, release and forever quitclaim to Manheim Investments, Inc. a Nevada corporation, successor by
merger to California Auto Dealers Exchange, L.L.C., a Delaware limited liability company
the following described real property in the County of Los Angeles, State of California:
That portion of Lot 26 of Tract No. 4747, as per map recorded in Book 50, Page 52 of Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at the Southwesterly corner of said lot; thence Easterly along the Southerly line of said lot to the
Easterly line of the Westerly 4 feet of said lot; thence Northerly along said Easterly line to the beginning of a
tangent curve concave Southeasterly and having a radius of 20 feet, said curve being tangent at its Easterly
terminus with the Northerly line of said lot; thence Northeasterly along said curve to said Easterly terminus;
thence Westerly, Southwesterly, and Southerly along the Northerly, Northwesterly and Westerly lines of said lot
to the point of beginning. Together with that portion of Denton Avenue as shown on the map of said Tract No.
4747 which would pass with a conveyance of the foregoing described property and the remainder of Lot 26 of
said Tract No. 4747.
City of Rosemead, a municipal corporation
By:
Name:
State of California
County of
On before me, (here insert name and title of the officer), personally appeared
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/she/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 under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
DOCUMENT PROVIDED BY STEWART TITLE OF CALIFORNIA. INC OUITCLM DOC
47.,„. / J'-
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, INTERIM CITY MANAGER ~G--C-
DATE: AUGUST 14, 2007
SUBJECT: RESOLUTION NO. 2007-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD ORDERING THE VACATION OF DENTON AVENUE
BETWEEN GARVEY AVENUE AND VIRGINIA STREET
SUMMARY
On June 26, 2007, the City Council adopted Resolution No. 2007-23 declaring its intention to vacate
Denton Avenue between Garvey Avenue and Virginia Street, and setting July 24, 2007 as the date
for a public hearing on this matter. Due to the lack of a quorum and cancellation of the City
Council's July 24, 2007 meeting, the public hearing was rescheduled to August 14, 2007.
Staff Recommendation
It is recommended that the City Council adopt Resolution No. 2007-27 vacating Denton Avenue
between Garvey Avenue and Virginia Street.
ANALYSIS
Following the City Council's adoption of Resolution No. 2007-23 on June 26, 2007, declaring its
intention to vacate Denton Avenue between Garvey Avenue and Virginia Street, staff sent letters to
the affected utility companies and public works agencies requesting the location of their facilities and
comments on the proposed street vacation. Staff also contacted the police and fire departments for
comments. The City received responses from the Los Angeles County Department of Public Works,
Southern California Edison, and Southern California Gas Company requesting that access be
maintained for facility maintenance. To address these requests, the attached street vacation
resolution reserves the necessary utility easements.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Notice of the public
hearing was provided in accordance with Section 8322 of the Streets and Highways Code which
requires publication of the notice of public hearing at least two times and posting of the street at least
15 days prior to the hearing.
Pr are~y:
7
e Ifon , P. E.
Deputy City Engineer
by:
S Ii
Interim Community Development Director
Attachment: Resolution No. 2007-27
APPROVED FOR CITY COUNCIL AGENDA: 0
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ORDERING THE VACATION OF DENTON AVENUE
BETWEEN GARVEY AVENUE AND VIRGINIA STREET
WHEREAS, the City Council of the City or Rosemead approved
Resolution No. 2007-23, declaring its intention to vacate Denton Avenue
between Garvey Avenue and Virginia Street and establishing the time and place
for the public hearing on said vacation; and
WHEREAS, notice of the public hearing was published and posted as
required by law; and
WHEREAS, all protests in this manner have been duly considered; and
WHEREAS, the vacation proceedings conform with the requirements of
Section 8300 to 8349 of the Streets and Highways Code.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS:
Section 1: The City Council finds from all evidence submitted that
Denton Avenue between Garvey Avenue and Virginia Street described in
the Resolution of Intention, Resolution No. 2007-23, is unnecessary for
present or prospective public use purposes.
Section 2: The City Council therefore orders vacated, for public use
purposes Denton Avenue between Garvey Avenue and Virginia Street
more particularly described in Exhibit "A" and shown in Exhibit "B",
attached hereto and incorporated herein by this reference.
Section 3: The City Council hereby reserves an easement, in favor of
the County of Los Angeles, over Denton Avenue between Garvey Avenue
and Virginia Street as described in Exhibit "A". The easement shall
reserve the right to construct, maintain, operate, replace, or renew storm
drains and appurtenant structures in, upon, over, and across the area to
be vacated.
Section 4: The City Council hereby reserves an easement over Denton
Avenue between Garvey Avenue and Virginia Street as described in
Exhibit "A" for the Southern California Edison Company to from time to
time construct, maintain, operate, replace, remove, and renew such aerial
and underground facilities (including ingress thereto and egress
therefrom) consisting of poles, anchors, guys, cables, wires, cross-arms,
conduit, manholes, handholes, markers, pedestals, terminal equipment
cabinets, electrical conductors and necessary fixtures and appurtenances.
Section 5: The City Council hereby reserves an easement over Denton
Avenue between Garvey Avenue and Virginia Street as described in
Exhibit "A" for the Southern California Gas Company to lay, construct,
maintain, operate, repair, replace, patrol, change the size of, add to, or
remove from time to time, as necessary, one or more pipelines and
conduits, together with metering, measuring, regulating, cathodic
protection, communications and other appurtenances.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Rosemead on this 14th day of August 2007.
JOHN TRAN
MAYOR
ATTEST:
NINA CASTRUITA
CITY CLERK
EXHIBIT "A"
LEGAL DESCRIPTION OF A PORTION OF VIRGINA STREET AND
DENTON AVENUE (formerly Conroy Avenue)
TO BE VACATED
Those portions of Denton Avenue and Virginia Street, in the City of Rosemead, County of Los
Angeles, State of California, bounded as follows:
Southerly by the northerly line of Garvey Avenue, 100 feet wide, as shown on Parcel Map No.
12390, as filed in Book 131, Pages 41 and 42 of Parcel Maps, in the Office of the County Recorder
of said County;
Easterly by the easterly lines of Denton Avenue and Virginia Street, as shown on said Parcel Map
No. 12390;
Northerly by the northerly line of Virginia Street as shown on said Parcel Map;
Westerly by the following described line:
Beginning at a point on the northerly line of said Virginia Street distant thereon South 89°25'23"
West, 65.25 feet from the northeasterly corner of said street, as shown on said Parcel Map No.
12390; thence South 00°34'37" East, 37.50 feet to the beginning of a curve concave northwesterly
and which is coincident with the northerly prolongation of that certain curve described in the deed
recorded April 20, 2004 as Instrument No. 04-0965207, Official Records of said County; thence
southwesterly along said curve, 18.92 feet through a central angle of 33°21'08" to a curve on the
easterly line of Lot 19 of Tract No. 4747, as shown on map recorded in book 50 Page 52 of Maps,
in the Office of the County recorder of said County; thence southerly along said curve and the
tangent portion forming said easterly line of Lot 19 to the southeasterly comer of said lot; thence
westerly along the southerly line of said lot to a line parallel with and 5.00 feet westerly of said
easterly line; thence southerly along said parallel line to the beginning of a curve concave
northwesterly, having a radius of 19.00 feet, and which is tangent at its southwesterly terminus to
said northerly line of Garvey Avenue; thence southerly along said curve to said northerly line of
Garvey Avenue.
Reserving therefrom easements for public and non-public utilities and incidental purposes thereto,
ingress and egress, sanitary sewer, and parking purposes, with the right to grant future easements
over the above described portions of Denton Avenue and Virginia Street.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
Prepared under my supervision:
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David 0. Knell
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lawrencedbrown@msn.com
LAWRENCE D. BROWN
REAL ESTATE APPRAISER
POST OFFICE BOX 50101
PASADENA, CALIFORNIA 91115
January 29, 2010
Mr. Jeff Allred
City Manager
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Re: Denton Avenue Street Vacation
Dear Mr. Allred:
TELEPHONE
(626) 755-1932
I have been asked to express an opinion of value for the underlying, fee interest in a
small parcel of vacated street right-of-way which has for many years been used jointly
with a large adjacent parcel.
The subject property extends along the east side of vacated Denton Avenue
commencing approximately 162 feet north of Garvey Avenue. It is irregular in shape
and, excluding a small triangular portion at the north end, dimensions are four feet
east-west by 189 feet north-south. I have estimated a land area to be approximately
800 square feet. As a result of the prior street vacation, this strip is only accessible
from the adjacent land.
Land interests such as the subject are usually referred to as "nuisance" parcels and,
given its configuration, the only use potential and value for the subject is to the
adjacent property owner. In fact, that owner previously acquired the surface right by
virtue of the street vacation and the only effect of the subject ownership is to "cloud"
title.
Based on my experience, knowledge and investigation I have formed an opinion that
market value for the subject property is nominal on January 29, 2010.
hereby certify that I have no financial or other interest in the subject property.
Respectfully submitted,
Lawrence D. Brown
LDB:dmh
RESOLUTION NO. 2010- 27
AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A QUITCLAIM
DEED TERMINATING ANY INTEREST THE
CITY OF ROSEMEAD MAY HAVE IN A
PORTION OF DENTON AVENUE BETWEEN
GARVEY AVENUE AND VIRGINIA STREET
WHEREAS, the City Council of the City of Rosemead approved Resolution No.
2007-23, declaring its intention to vacate Denton Avenue between Garvey
Avenue and Virginia Street and establishing the time and place for the public
hearing on said vacation; and
WHEREAS, the City Council of the City of Rosemead approved Resolution No.
2007-27, ordering the vacation of Denton Avenue between Garvey Avenue and
Virginia Street; and
WHEREAS, Manheim Investments, Inc. conducted a preliminary title report
during the sale of real property that indicated an 800 square foot portion of
Denton Avenue, on a portion of property identified as APN 6287-036-006 and
fully described and defined in Attachment "A" hereto (Parcel), is held in fee
interest by the City of Rosemead; and
WHEREAS, The City of Rosemead has no public purpose for the Parcel; and
WHEREAS, an independent appraisal of the Parcel has been conducted that
determined the value of such Parcel as nominal; and
WHEREAS, a quitclaim deed is required to transfer any interest the City may
have in said real property and the proceedings conformed with the requirements
of Section 8300 to 8349 of the Streets and Highways Code.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
Section 1. The City of Rosemead hereby directs and authorizes the City
Manager and City Clerk to execute the quitclaim deed terminating any interest in
the parcel attached hereto as Attachment B for those portions of the Parcel
designated as being owned in fee by the City of Rosemead.
Section 2. The City Engineer and/or his designee is hereby authorized to record
the quitclaim deed 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 , 2010.
Gary Taylor, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM::
Joseph M. Montes, City Attorney
City Council Meeting
April 27, 2010.
Page 2 of 2
foot by 189 foot portion of Denton Avenue (Attachment 1) was held in fee by the City of
Rosemead. This remaining portion of land created a cloud on the title and the LADAA
asked the City to convey its interest in this property.
Streets and Highways Code Section 8355, provides the means for the City to sell a
street right-of-way in any manner it wishes. Staff has obtained an independent
appraisal (Attachment 3) that determined the subject property is of nominal value.
Based on the appraisal and the previous action to vacate other interests along this
property (formerly Denton Avenue), it is recommended that the City Council authorize
the execution of the attached quitclaim deed.
FINANCIAL REVIEW
Streets and Highways Code Section 8355, provides the means for the City to sell a
street right-of-way in any manner it wishes. Further, the independent appraisal of this
property also determined that the subject property is of nominal value.
ENVIRONMENTAL REVIEW
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Submitted by:
ema
Chris Marcarello
Deputy Public Works Director
Reviewed by:
OIA- Joseph Mon es
City Attorney
Attachments:
(1) Quitclaim Deed and Map Description
(2) City Council Agenda Report August 14, 2007 and Resolution No. 2007-27
(3) Property Appraisal
(4) Resolution No 2010-27