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:
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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 , (
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Comndssion of 1SM12
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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
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SCALE 1' = 30' I V/'
P ❑RTI ❑N OF LOT ,
129, TRACT N❑, I
3706, MB 40 PG 39
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N0. 223
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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
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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 -
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