CC - Item 8D - Authorizing the Recordation of Irrevocable Offer of Dedication for Parcel No. 8595-006-011i
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 13, 2011.
SUBJECT: RESOLUTION NO. 2011 -61 AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 8595 -006-
011 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 3234 Rosemead Place, 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 -61, authorizing the
City Engineer to execute and record the irrevocable offer of dedication for County
Assessor Parcel No. 8595 - 006 -011.
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 -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:
City Council Meeting
December 13, 2011.
Page 2 of 2
The owner(s) of County Assessors Parcel No. 8595 - 006 -011, located at 3234
Rosemead Place, Rosemead, California 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. B00- 003- 3894.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 one (1) 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: Submitted By:
A
Lucien a BI c, P. E. Chris Marcarello
City Engineer Public Works Director
Attachments:
A. Resolution No. 2011 -61
B. Dedication Documents
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:
1
LA #4828- 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 1 2011.
Steven Ly, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM::
Rachel Richman, City Attorney
2
LA #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 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 v1
r cnarl"
USPO MAILING ADDRESS:
3234 ROSEMEAD PLACE
ROSEMEAD, CA 91770
L.A. COUNTY ASSESSORS PARCEL NO.
8595 - 006 -011
LEGAL DESCRIPTION OF PARCEL:
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, CITY OF ROSEMEAD, AND IS DESCRIBED AS
FOLLOW.
THAT PORTION OF LOT 11 OF E.J. BALDWIN'S FIRST SUBDIVISION, IN THE
RANCHO POTRERO GRANDE, AS PER MAP RECORDED IN BOOK 66, PAGES 94
AND 95 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT 30
FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF
SAID LOT 11, DISTANT THEREON NORTH 00 DEGREES 32' WEST 647.39 FEET
FROM THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID PARALLEL
LINE TO A LINE PARALLEL WITH AND DISTANT 570 FEET NORTHERLY FROM
THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID LAST SAID
PARALLEL LINE NORTH 89 DEGREES 47'10" EAST 200 FEET; THENCE ALONG A
LINE PARALLEL WITH SAID WESTERLY LINE, NORTH 00 DEGREES 32' WEST
32.23 FEET, MORE OR LESS, TO A LINE BEARING SOUTH 77 DEGREES 30'20"
EAST FROM THE POINT OF BEGINNING; THENCE NORTH 77 DEGREES 30'20"
WEST 205.58 FEET TO THE POINT OF BEGINNING.
APN 8595- 066 -011
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
SPACE ABOVE THIS LINE FOR RECORDING USE
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
w✓
Pis Irrevocable Offer of Dedication ( "Offer ") is made and effective this 7i7i
day of o _6z-4 2011 by Josefma Mutuc- Aguilor, a married woman as her sole and separate
property ( "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
LA #4822- 1026 -6368 v1 -1-
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: }
By: r
Name: Josefina Mutuc - Aguilor
CONSENT BY: City of Rosemead
Name: Lucien . LeBlanc
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 v1 -2-
Exhibit A
LEGAL DESCRIPTION
THE WESTERLY THREE AND ONE -HALF (3.5) FEET OF THE LAND DESCRIBED
HEREIN, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS FOLLOWS:
THAT PORTION OF LOT 11 OF E.J. BALDWIN'S FIRST SUBDIVISION, IN THE
RANCHO POTRERO GRANDE, AS PER MAP RECORDED IN BOOK 66, PAGES 94
AND 95 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT 30
FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF
SAID LOT 11, DISTANT THEREON NORTH 00 DEGREES 32' WEST 647.39 FEET
FROM THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID PARALLEL
LINE TO A LINE PARALLEL WITH AND DISTANT 570 FEET NORTHERLY FROM
THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID LAST SAID
PARALLEL LINE NORTH 89 DEGREES 47'10" EAST 200 FEET; THENCE ALONG A
LINE PARALLEL WITH SAID WESTERLY LINE, NORTH 00 DEGREES 32' WEST
32.23 FEET, MORE OR LESS, TO A LINE BEARING SOUTH 77 DEGREES 30'20"
EAST FROM THE POINT OF BEGINNING; THENCE NORTH 77 DEGREES 30'20"
WEST 205.58 FEET TO THE POINT OF BEGINNING.
TO BE KNOWN AS ROSEMEAD PLACE.
LA #4822 - 1026 -6368 vl -3-
ADDRESS OF PROPERTY '
3234 ROSEMEAD PLACE
ROSEMEAD, CALIFORNIA
EXHIBIT'B'
DENOTESLAND
LEGEND: OFFERED FOR
DEDICATION
WESTERLY LINE OF LOT 11
30' 30' E.J. BALDWIN'S FIRST SUBDIVISION
M.B. 66, PG. 94 -95, M.R. O.R.
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APN 8595 - 006 -011
State of California
County of Las A nlaeAo- s
personally appeared
ERICKA HERNANDEZ
Commission # 1803512
-® Notary Public - California
Los Angeles County
My Comm. Expires Jun 24, 2012
who proved to me on the basis of satisf ctory
evidence to be the personkorwhose name„( Is re
subscribed to the within instrument and acknowledged
to me that he he hey executed the same in
his /heir authorized capacity( and that by
his/ e heir signature' on the instrument the
person or the entity upon behalf of which the
person s tcted, 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.
Place Notary Seal and /or Stamp Above
Signature:
p�
Signatu of Notary Public
O PT I ON AL
ryy IONAL
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 Y7 d /
Title or Type of Document: ®�iE0 -- 0- / del. rl a C�4
Document Date: Aevy. � go // Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
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❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer —
❑ Individual
❑ Partner — O Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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State of California
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D - ate r Here Insert N.M. and Title of Ih Ricer
personally appeared
ERICKA HERNANDEZ
Commission # 1803512 s er / their signature
Notary Public - California g
Los Angeles County
M Comm. Expires Jun 24, 2012
Signature:
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIO
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document p �t c
Title or Type of Document: 6 ®-P, dA d fCa A �j Lt
Document Date: Ajay. 2-7 ( // Number of Pages: Z/ •
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer— Title(s):
El Individual
El Partner — El Limited El umb General Top of th here
El Attorney in Fact
El Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing:
Signer's Name:
El Corporate Officer — Title(s):
El Individual
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Li Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
[I Trustee
[I Guardian or Conservator
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Signer Is Representing:
who proved to me on the basis of satisf ctory
evidence to be the personfa'j whose name(are
subscribed to the within instrument and acknowledged
to me that e /they executed the same in
is I r /their authorized capacityy�jsSf, and that by
on the instrument the
person (A), or the entity upon behalf of which the
person�cted, 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.
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