CC - Item 9F - Authorizing the Recordation of the Irrevocable offer of Dedication for Parcel 5283-012-053ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 28, 2010
SUBJECT: RESOLUTION NO. 2010-63 AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5283-012-
053 PROPOSED FOR USE FOR PUBIC SIDEWALKS AND
AMENITIES
SUMMARY
In accordance with the City of Rosemead Municipal Code Section No. 15.01.040, the owner(s)
of the property located at 3222 Muscatel Avenue, 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. 2010-63, authorizing the City
Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor
Parcel No. 5283-012-053.
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 of 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. 5283-012-053, located at 3222 Muscatel
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. 600-002-
019. The City Engineer has determined that the irrevocable offer of dedication as submitted is
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. q _
City Council Meeting
September 28, 2010
Pace 2 of 2
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.
~p4eparecl By:
Lucien J. LeBlanc, P.E.
City Engineer
Su itt dd B
Chris Marcarello
Deputy Director of Public Works
Attachment A: Resolution No. 2010-63
Attachment B: Drawing of Dedication
RESOLUTION NO. 2010-63
CONSENTING TO THE RECORDATION OF
THE OFFER OF DEDICATION FOR THOSE
PORTIONS OF LA COUNTY ASSESSORS
PARCEL NO. 5283-012-053 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 Parcels 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
LA #9828-3808-5636 v1
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 DAY OF 12010.
Gary Taylor, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM::
Rachel Richman, City Attorney
2
LA $4628-3808-5636 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 vl
EXHIBIT 'A'
USPO MAILING ADDRESS:
3222 Muscatel Avenue
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
5283-012-053
LEGAL DESCRIPTION OF PARCEL
Land situated in the City of Rosemead, Country of Los Angeles, State of California
described as: The south sixty (60) feet of lot 119 of Tract No. 3706, as per map
recorded in book 40, page 39 of maps, in the office of the County Recorder of said
County.
LA #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 FOR
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ("Offer") is made and effective this
day of 2010 by David Chui and Yuan Zhang, 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
LA #4822-1026-6368 v1 -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.
OFFEROR:
By: ni
Name: David Ch i
CONSENT BY: City of Rosemead
By:
Name: Lucien J. a Blanc
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)
LA #4822-1026-6368 v] -2-
OFFEROR:
By: -
ATTEST:
City
Name: Yuan Zhang Clerk
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
LA #4822-1026-6368 vl -3-
Exhibit A
Legal Description
The west five (5) feet of the south sixty (60) feet of lot 119 of Tract No. 3706, as per map
recorded in book 40, page 39 of maps, in the office of the county recorder of said county.
Except there from the north 43.08 feet and the south 5.92 feet of the east one (1) foot.
To be known as Muscatel Avenue
APN 5283-012-053
LA #14822-1026-6368 vI -4-
EXHIBIT `B"
(SEE ATTACHED)
LA #4828-3808-5636 V1
EXHIBIT 'B'
DRAWING OF DEDICATION
LEGEND
DENOTES LAND OFFERED FOR
® DEDICATION
q NOTE: RECORD BEARINGS AND DIMENSIONS
49' PER TRACT 3706, MB 40 PG 39 OF
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ADDRESS OF PROPERTY
3222 MUSCATEL AVENUE
ROSEMEAD CA 91770
APN: 5289-012-053
DRN: KC 6/2010
N87'56'10"E _ 220.70' _
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SOUTHERLY 60' OF LOT 119, 3:
TRACT NO. 3706, MB40, P639 00
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
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personally appeared ~ 9~
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who proved to me on the basis of satisfactory evidence to be the persons}whose name(s) is/afe-subscnbecl to
the within instrument and acknowledged to me that he/: "r e4executed the same in hisAiefi/t-heir-authorized
capacity(igs), and that by his/heE4heir 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 of Notary Public w--
MARICELA MARQUEZ
COMM. # 1803330 z
u . NOTARY PUBLIC - CALIFORNIA3
? LOS ANGELES COUNTY
My Comm. Expires June 23, 2012
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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INSTRUCTIONS FOR COMPLETING THIS FORM
Ann acknouledgrnent completed in California must contain rerbiage ecacdn as
appears above in the notion' section or a separate aciworeledgmen fwvn must be
properly completed and attached to that document. The anti exception is if a
document is to be recorded outside of Califmmia. In such instances, am' alternative
aeknonJedgment verbiage as ma, be primed on such a document so long as the
verbiage does not require the nolon' to do something that is illegal Jor a noton' in
California (i.e. certiliing the mrthoriced capacim of the signer). Please check the
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• State and County information must be the State and County where the document
S net( s) personally appeared before the notary public for acknowledgment.
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c notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
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• Indicate the correct singular or plural forms by crossing off incorrect forms (i.c.
kelshNAhey- is lure ) or circling the correct forms Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area pevnits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
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Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the tine (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of u
OnVI(o 2,) 10 before me,
personally appeared
Ce
(here insert nafnc and
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/aFe subscribed to
the within instrument and acknowledged to me that he/she/t4ey executed the same in his/her/theil•-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.
ALITNS ha d and official sealSignature of t otary p c
..,.My Comm. Expires June 23, 2012
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Orc_ o F iZ~ t C~.'7i ~J
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __S?_ Document Date
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(Additional information)
CAPACITY CLAIMED BY THE SIGNER
-;!5- Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney-in-Fact
El Trustee(s)
[I Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Am' acknoudedgruenr completed in Colifalmia must contain verbiage aracrll w'
appears above in the 1701011 section or a separate ackrwreledgment hunt must he
prnpoly completed and attached to that document. The only exception is d a
document is to be reeoded outside of Calda)-aio. In such instances, not alrern ooe
acknowledgment verbiage as mot be polned on such a document so long as the
verbiage does not reymire the ninety to do something that is illegal jot a noran' in
California (i.e. cerlifirmg the outhodred capaciii o/ the signer). Please check the
document carefullt,for proper notarial wording and attach thisloan if required.
• Slate and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Dam of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
helshchhey- is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-scat if a
sufficient area permits, otherwise complete a different acknowledgment foot.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by (lie signer. If the claimed capacity is a
corporate officer, indicate the title (i.c. CEO, CFO, Secretary).
• Securely attach this document to the signed document
COMM. # 1803330 z
~ t NOTARY PUBLIC -CALIFORNIA
? LOS ANGELES COUNTY
MARICEIA MAROUEZ
CAPA vl?.10.07 800-873-9865 www.NotaryClasscs.coo
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
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County of A7) l'.e
O1>JICIL( 2~ ZofU before me, f-10
personally appeared' 11 e
name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to
the within instrument and acknowledged to me that he/she%hey executed the same in his/herftheir-authorized
capacity(igs), and that by hisfherltheir signature(} 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.
k'IITNISS my ha,d and officSignature of N ary Pu li
MARICELA MARQUEZ
COMM. # 1803330 Z
Z o~ . NOTARY PUBLIC - CALIFORNIA K
LOS ANGELES COUNTY
My Comm. Expires June 2~,? 2
ADDITIONAL OPTIONAL INFORMATION
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❑ Corporate Officer
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❑ Partner(s)
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❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Am' acknouledgnrent completed in California must contain verbiage exactly as
appears above in the noran' section o- a separate acknowledgment /arm must be
properly completed and attached to that document. The ant exception is if a
documem is to be recorded outside of California. In such instances. am alternative
acknowledgment verbiage as roar be printed on such a document so long as the
verbiage clues not require the noorn to do something that is illegal for o crown' in
California (i.e. certih'ing the authorized copeci0' of the signer/. Please c'hec'k the
document cor'efully for proper noarial nor'ding and attach this farm if required
• State and County information must be the State and County where the document
ncr(sI personally appeared before the notary public for acknowledgment.
C to of notarization must be the date that the signer(s) personally appeared which
st also be the same date the acknowledgment is completed.
c notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they- is /ore ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of paces and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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