CC - 2010-37 - Authorizing Recognition of the Offer of dedication for those portions of La County Assessors parcel No 5283-016-024RESOLUTION NO. 2010-37
AUTHORIZING THE RECOGNITION OF THE
OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS
PARCEL NO. 5283-016-024 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:
LA #4828-3808-5636 vi _
Section 1. The City of Rosemead hereby authorizes the recordation
offers 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 R DAY OF -1UY1L , 2010.
Gary ylor, Mayo
ATTEST:
. J~B,.lO \ AJOJI
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Josep . Montes, ity Attorney
2
LA #4828-3808-5636 V1
EXHIBIT `A'
USPO MAILING ADDRESS:
2515 Angelus Avenue
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
5283-016-024
LEGAL DESCRIPTION OF PARCEL:
That portion of Lot 3 of Richard Garvey's addition No.2, in the City of Rosemead,
County of Los Angeles, State of California, as per map recorded in Book 70, page(s)
69, 70, and 71 of Miscellaneous Records, in the office of the County Recorder of said
county described as follows:
Beginning at a point in the easterly line of said Lot, distant north 00 13' 20" east, 250
feet from the northeast corner of Lot 11 of Tract No. 4610, as per map recorded in Book
93, page(s) 12 of maps, in the office of the County Recorder of said county; thence
along said easterly line, north 0' 13' 20" west 50 feet, thence south 89'49'25" east 150
feet' thence south 0° 13' 20" west 50 feet, thence south 89' 49' 25" east 150 feet to the
point of beginning.
L #4828-3808-5636 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
Resolution No. 2010.37 being:
AUTHORIZING THE RECOGNITION OF THE OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESORS PARCEL NO. 5283-016-024 PROPOSED FOR
USE FOR PUBLIC SIDEWALKS AND AMENITIES
was duly and regularly approved and adopted by the Rosemead City Council on the 8th of June,
2010, by the following vote to wit:
Yes: Armenta, Low, Ly, Taylor
No: None
Abstain: None
Absent: Clark
Gloria Molleda
City Clerk
EXHIBIT `B"
(SEE ATTACHED)
n #4828-3808-5636 vl
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
LINE FOR RECORDING USE
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ("Offer") is made and effective this jdo A
day of 2010 by Kam Choi Chan, a married woman, as to an undivided 99.99%
interest andGui an Zhao, a married woman, as to an undivided 0.01 % interest ("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.
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
LA #4822-1026-6368 v I -I-
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 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:
B3&- . CC
Name: Kam Choi Chan
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
CONSENT BY
By:
of Rosemead
Name: Lucien I Le Blanc
Title: City Engineer
(Proper Notarization of signature is
required and shall be attached)
LA #4822-1026-6368 vi _2_
OFFEROR:
Name:'`' Gui Chan Zhao
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
ATTEST:
City
Clerk
LA #4822-1026-6368 vl -3-
Exhibit A
Legal Description
The northerly eleven (11) feet of the westerly one (1) foot of the easterly ten (10) feet of that
portion of lot 3 of Richard Garvey's addition No.2, in the City of Rosemead, County of Los
Angeles, State of California, as per map recorded in Book 70, page(s) 69, 70, and 71of
Miscellaneous Records, in the office of the County Recorder of said county described as follows:
Beginning at a point in the easterly line of said Lot, distant north 0' 13' 20" east, 250 feet from
the northeast comer of Lot 11 of Tract No. 4610, as per map recorded in Book 93, page(s) 12 of
maps, in the office of the County Recorder of said county; thence along said easterly line, north (P
13' 20" east 50 feet; thence north 89' 49' 25" west 150 feet; thence south 0' 13' 20" west 50 feet,
thence south 89'49' 25"east 150 feet to the point of beginning.
To be known as Angelus Avenue
APN 5283-016-024
LA #4822-10265368 vl _4_
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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GLORIA MOLLEDA
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Place Notary Seal and cr Stamp Above
I certify under PENALTY OF PERJURY under the
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who proved to me on the basis of satisfactory
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Signer(s) Other Than Nailed Above:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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RYOTARO ISOBE I certify under PENALTY OF PERJURY under the laws
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LOB ANGELES COUNTY true and correct.
Ltr Comm. EXP. DEC. 7, 2011 "
WITNESS my hand and official seal.
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Authority Letter
My name is Kam,Choi Chan,My identity
Card No. is 7423404(8) Now I authority
Gui Chan Zhao (us drive license no.
u51-84031 Address: 2515 Angelus Street
Rosemead ,CA91770 USA), represent me to
sign any Document
M ~k C 01 Cq Al
2010/05/14
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JUNE 8, 2010
SUBJECT: RESOLUTION NO. 2010-37, CONSENTING TO THE RECORDATION
OF THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5283-016-024
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 2515 Angelus 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. 2010-37, authorizing the
City Engineer to execute and record the irrevocable offer of dedication for L.A. County
Assessor Parcel No. 5283-016-024.
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-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. 5283-016-024, located at 2515
Angelus 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
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO.
City Council Meeting
June 8, 2010
Paoe 2 of 2
building Permit No. B00-000-777. 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:
Submitted By:
Lucien J. Le Blan , P. E. S Marcarello
City Engineer Deputy Public Works Director
Attachment A: Resolution No. 2010-37