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CC - Item 7F - Resolution 2011-55 Consenting To The Recordation of Irrevocable Offer of Dedication For Parcel 5289-011-063ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 25,'2011 SUBJECT: RESOLUTION NO. 2011 -55 CONSENTING TO THE RECORDATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5289 -011- 063 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 8841 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. 2011 -55, authorizing the City Engineer to execute and record the irrevocable offer of dedication for County Assessor Parcel No. 5289 - 011 -063. 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: MM NO. City Council Meeting October 25, 2011 Page 2 of 2 The owner(s) of County Assessors Parcel No. 5289 - 011 -063, located at 8841 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. 600- 002 -835 and conditional use permit (CUP) 07 -1108 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: Lucien J. Le Blanc, P. E. City Engineer Submitted By: 11 Chris Marcarello Public Works Director Attachment A: Resolution No. 2011 -55 RESOLUTION NO. 2011 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ACCEPTING THE OFFER OF DEDICATION FOR THOSE PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5289 - 011 -063 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: 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 2011. Steven Ly, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM:: Rachel H. Richman, City Attorney PA EXHIBIT `A' USPO MAILING ADDRESS: 8841 Garvey Avenue Rosemead, California 91770 L.A. COUNTY ASSESORS PARCEL NO. 5289 - 011 -063 LEGAL DESCRIPTION OF PARCEL: Lot 129 of Tract No. 3706, In the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Book 40, Page 39 of Maps, in the Office of County Recorder of said County. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROSEMEAD 1 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 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 Boulevard Rosemead, CA 91770 ATTN: CITY CLERK Space above this line reserved for Recorders Use IRREVOCABLE OFFER OF DEDICATION (Government Code Section 7050) This Irrevocable Offer of Dedication ( "Offer ") is made and effective this 2Q" +V day of MbuST , 2011 by Micent Investment, LLC., a California Limited Liability Company ( "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 requires installation 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 the construction of the sidewalk in the vicinity of the tree is necessary to ensure compliance wirth the American 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 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 claim for unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result of 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 suthority 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� � MIG F�L Name: Wu M Pfr'P4 -06V- Title: -Qre Micent Investment, LLC. a California Limited Liability Company CONSENT BY: City of Rosemead By: Name: Lucie J. Le Blanc Title: City Engineer CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of I A,�)S A n�,A F s Ji On 42%::5+ ?47NI before me, F—f c, ttf'C/lr;nc(C ?., f \�d+c �u OUW(L Data Here Insert Nam antl Title of the 0 ieer personally appeared Place Notary Seal arician Stamp Above who proved to me on the basis of satisfa tory evidence to be the persono whose name,(6) (yare subscribed to the within instrument and acknowledged to me that t&she /they executed the same in his er /their authorized capacity0a< and that by I her /their signatureM on the instrument the personal, or the entity upon behalf of which the personw) 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: rr�4=1 Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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 Title or Type of Document: Document Date: Gc�_->4: Zy ( 2_c>1 Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s Signer's Name: M ? LM Ajyi Wu - Corporate Officer — Title(s): ❑ Individual • Partner— El Limited ❑ General Top of thumb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: P Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top or thumb here • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Notary Association•9350 De Soto Ave.. P.O. Box 2402• Chatsworth. CA 91313- 2402•w ,NationalNOtan,ag Item #590] Reorder. Call Toll Free 1.800 -8]6 -682] CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California // tt 1 County of ( r>� t'C%e Ji II� I On &S. ;2 k � rL before me, �ftc tt (IbAj -& MA,(, EL)W , ( �' Date Here Insert Namb and Title of the Ohebr personally appeared Li ) Cj Fn ERtCKA HERNANMI Comndssion of 1SM12 Neu" Public - California Los kiiiinosCounty Comm. Es res Jun 24. M2 Place Notary Seal and /or Stamp Above who proved to me on the basis of satisfactory evidence to be the personJ6j whose name /are subscribed to the within instrument and acknowledged to me that <!�,ekhe /they executed the same in his/her /their authorized capacity(ieb7, and that by Is er /their signature(ff on the instrument the person( 41 or the entity upon behalf of which the person(Kacted, 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: Signature of Notary 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 !r II Title or Type of Document: f [era« �l< O>F r e%C c�Pd.t rnn Document Date: A,,� 2C4 24, i i Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign er(s) Signer's Name: L L x re i �b /lG Signer's Name: ❑ 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 Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association -9350 De Soto Ave., P.O. Box 2402.Ohatsmidt, CA 91313 -2402 -w .NationalNomry.org Item#5907 Reortlec Call Toll -Free 1- 8W8768827 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A THAT PORTION OF LOT 129 OF TRACT NO. 3706, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGE 39 OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCIING AT THE SOUTHEAST CORNER OF SAID LOT 129; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 20 FEET, TO THE TRUE POINT OF BEGINNING (TPOB); THENCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT, TO A POINT OF INTERSECTION WITH A LINE, SAID LINE BEING PARALLEL AND DISTANT 244.00 FEET TO THE SOUTH LINE OF SAID LOT; THENCE ALONG SAID PARALLEL LINE, TO A POINT OF INTERSECTION WITH A LINE, SAID LINE BEING PARALLEL TO AND DISTANT 5.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 235.00 FEET; THENCE SOUTH 44 0 23'10" WEST, A DISTANCE OF 12.62 FEET, TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 20.00 FEET OF SAID LOT, SAID POINT BEING DISTANT 14.00 FEET FROM TPOB; THENCE EASTERLY, ALONG SAID THE NORTHERLY LINE, A DISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGINNING (TPOB). TO BE KNOWN AS IVAR AVENUE. APN: 5289 - 011 -063 EXHIBIT "B" N89 100,69' ,� /i - - - -- ---- - - - - -- DRAWING OF STREET AND HIGHWAY DEDICATION 25 or M j a I N N ✓✓ Vf I SCALE 1' = 30' I V/' P ❑RTI ❑N OF LOT , 129, TRACT N❑, I 3706, MB 40 PG 39 �, Li ° Lo z cu I N0. 223 F-x P1 at-4 o-j�zjo/rollP � o J Ln lglF OF CF,UF� o V' Z i NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA PER TR. NO. 3706, MB- 40 -39. INDICATES AREA TO BE DEDICATED TO CITY OF ROSEMEAD FOR I 5' STREET AND HIGHWAY PURPOSES I � aAp Zy2 1 TPDB 3 SITE ADDRESS N89'52 100.69' o 8841 Garvey Avenue ° a 14.00' o� Rosemead, California �'•° L — — — — — — — — z I APN: 5289 - 011 -063 20' WIDE ROAD SE CORNER OF LOT EASEMENT 129, TR. NO. 3706, MB 40 PG 39 GA RVE Y A - - ---fF - - - - -