CC - Item 8C - Authorizing the Recordation of Irrevocable Offer of Dedication for Parcel No. 5372-020-0461 1
WIT Mk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER -
DATE: DECEMBER 13, 2011
SUBJECT: RESOLUTION NO. 2011 -07 AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5372 -020-
046 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 8547 Valley Boulevard, 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
public sidewalks and street trees in accordance with city standards.
Staff Recommendation
Staff recommends that the City Council Adopt Resolution No. 2011 -07, authorizing the City
Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor
Parcel No. 5372 - 020 -046.
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. 5372- 020 -046, located at 8547 Valley
Boulevard, Rosemead, California have executed an offer of dedication for additional right -of -
way to accommodate the planting of two(2) street tree on Walnut Grove Avenue in connection
with the condition of approval for conditional use Permit (CUP) 10 -08. The City Engineer has
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO.
City Council Meeting
December 13, 2011
Page 2 of 2
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 two (2) parkway trees 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:
Lucien J. LeBlanc, P.E.
City Engineer
Submitted By:
ris Marcarello
Director of Public Works
Attachment:
(A) Resolution No. 2011 -07
(B) Drawing of Dedication
RESOLUTION NO. 2011-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, CONSENTING TO THE
RECORDATION OF THE OFFER OF DEDICATION FOR
THOSE PORTIONS OF LA COUNTY ASSESSORS
PARCEL NO. 5372-020-046 PROPOSED FOR USE FOR
PUBLIC SIDEWALKS AND AMENTITIES
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 features; and
WHEREAS, in conjunction with the development activities undertaken on the Parcels, then 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, 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 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 2011
Steven Ly
Mayor
ATTEST:
Gloria Molleda
City Clerk APPROVE AS TO FORM:
Rachel H. Richman
City Attorney
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
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ( "Offer ") is made and effective this -" ,
day of 04-4&p i (Z , 2011 by Joseph Su and Eva Su, 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 v
OFFEROR: ATTEST:
By: r C.
Name: Eva Su
Title: 0 A) AJ
(Proper Notarization of signature is required
and shall be attached)
Clerk
City
LA #4822- 1026 -6368 v1
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.
Name: Joseph Su
Title:
(Proper Notarization of signature is required
and shall be attached)
CONSENT BY: City of Rosemead
By: L-�-�
Name: Lucien J. L Blanc
Title: City Engineer
(Proper Notarization of signature is
required and shall be attached)
LA #4822 -1026 -6368 v
State of California
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personally appeared
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who proved to me on the basis of satisfactory
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his /her signature(s) on the instrument the
nr 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:
Signature of�Notary Public
Place Notary Seal and /or Stamp Above ^� p q 9
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Title or Type of Document: Slc`fL\sor«� e-yc -r
Document Date: \,.Fr — t 7 e�y1 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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❑ Corporate Officer — Title(s): _
❑ Individual
❑ Partner — ❑Limited [I General
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Signer Is Representing:
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RIGHTTHUMBPRINT'..
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❑ Attorney in Fact
❑ Trustee
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Signer Is Representing:
State of California
County of
On
Date
personally appeared
who proved to me on the basis of satisfactory
evidence to be the personKwhose name(e s&e
subscribed to the within instrument and acknowledged
me that t&he /they executed the same in
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personas°), or the entity upon behalf of which the
perso%yacted, 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: — n*�
Place Notary Seal and /or Stamp Above n Signatur Notary Public
O P T I ONAL /
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 t }} rr
Title or Type of Document: �Ct a�trzc,11 C "e r c,-Ez
Document Date: ®C-4z A ?L' f � -\' "? 0 11 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
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❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT
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❑ Corporate Officer — Title(s):
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❑ Trustee
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Signer Is Representing:
02008 National Notary Association • 9350 Be Soto Ave., PD. Box 2402 • Chatsworth, CA 91313 -2402 • www.NatfonalNolary.org Item #5907 Founder: Call Toll -Free 1- 800- 8]6 -6B2]
Exhibit A
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The westerly two (2) feet of the easterly forty- two(42) feet of that portion of Block "A" of the
Freer Tract, in the City of Rosemead, County of Los Angeles, State of California, as per map
recorded in Book 39 Page(s) 82 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 Block "A" distant Northerly along said Easterly
line 170 feet from the Southeasterly corner of said Block "A "; thence Westerly at right angles to
said Southeasterly line, a distance of 134 feet; thence Southerly parallel with said Easterly line
159.14 feet, more or less, to the Northerly line of the land described in the deed to the State of
California recorded January 2, 1953 in Book 40645 Page 370, Official Records; thence along
said Northerly line as follows:
North 86 °50'34" East 99.10 feet, North 43 °06'20" East 7.22 feet and North 89 °22'06" East 30
feet to the Easterly line of said Block "A "; thence Northerly along said Easterly line to the point
of beginning.
To be known as Walnut Grove Avenue
APN: 5372- 020 -046
LA #4822- 1026 -6368 v
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EXHIBIT "B"
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LEGAL DESCRIPTION
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JACK C. LEEI\
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NO. 8407
BASIS OF BEARINGS NO7E
THE BEARINGS SHOWN HEREON ARE
BASED ON THE BEARING N077'00 "W OF
THE EAST LINE OF BLOCK "A ", IREER
TRACT AS SHOWN ON MR- 39 -82.
Ownersi Joseph Su and Eva Su
ADDRESS 8547 Valley BoulevardAvenue
Rosemead, CallFarnla
THIS PLAT WAS PREPARED FROM RECORD
DATA PER MR 39 -82
INDICATES AREA TO BE DEDICATED
TO CITY OF ROSEMEAD FOR
STREET AND HIGHWAY PURPOSES
CAL LAND ENGINEERING, INC. I STREET AND HIGHWAY
dba QUARTECH CONSULTANTS DEDICATION
576 E. LAMBERT ROAD CG� �� -�
BREA, CA 92821 JACK C. LEE, PLS 8407 8547 Valley Boulevard
(714)671 -1050 (tai) Rosemead, California
(774)671 -1090 (fax) Oertmber 2, 2010