CC - 2011-07 - Consenting to the recordation of the offer of dedication for Parcel 5372-020-046RESOLUTION 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 I_ DAY OF Zec- e-c- 12011
ATTEST:
.�
Gloria Molleda
City Clerk
&i;:7
Steven ly
Mayor
APPRqYE AS TO FORM-
Rachel H. Richman
City Attorney
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
Resolution No. 2011 -07 being:
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 AMENITIES
was duly and regularly approved and adopted by the Rosemead City Council on the 13th of
December, 2011, by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly,
No: None
Abstain: None
Absent: None
a 614 ialll-�A
Gloria Molleda
City Clerk
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.
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 N
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
Attachment:
(A) Resolution No. 2011 -07
(B) Drawing of Dedication
Submitted By:
ris Marcarello
Director of Public Works