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CC - Item 4B - Rosemead Place Shopping Center Lot Tie Application 3500-3684 Rosemead Boulevard and 3501-3535 Hart AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: DECEMBER 11, 2012 SUBJECT: ROSEMEAD PLACE SHOPPING CENTER LOT TIE APPLICATION 3500 -3684 ROSEMEAD BOULEVARD AND 3501 -3535 HART AVENUE SUMMARY Rosemead Place, LLC, the owner of the Rosemead Place Shopping Center, has submitted a Lot Tie Application requesting to tie three (3) parcels of land that make up the shopping center into one (1) single parcel of land. MARSMU SrREE7 _ - ma sores � � a PARCEL 3 = BLEAUM WAY i t WAGON WAY PARCEL 1 ruwr mum AC4[ • tlp0 C LLLlI� ¢ 1 o i RAMBNA ------- PARCEL2 I BOIAFVARU WIMSTA►E p FlfWAYI Site Plan Background A few months ago, Rosemead Place, LLC submitted applications to the City for review and approval. Through this process, it was revealed that a substandard condition exists between Parcels 1 and 3. As illustrated in the site plan above, the property line currently runs through the L- shaped building located at the northwest corner of the property. To ITEM NO. City Council Report December 11, 2012 Page 2 of 2 correct the substandard condition, the applicant is requesting to tie three (3) parcels of land that make up the Rosemead Place Shopping Center into one (1) single parcel of land through a Covenant and Agreement to Hold Property as One Parcel. Since then, the applicant has been actively working with the Public Works Department on the review and approval of the Lot Tie Application. On November 28, 2012, the Director of Public Works, Chris Marcarello, approved the Lot Tie application. Staff Recommendation It is recommended that the City Council APPROVE the Lot Tie Application and allow the applicant to record the Covenant and Agreement to Hold Property as One Parcel at the Los Angeles County Clerk's Office. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared ( Prepared by: Lily rinh Michelle Ramirez Assistant Planner Community Development Director ATTACHMENTS: Attachment A: Lot Tie Application and Covenant and Agreement to Hold Property as One Parcel ROSEMEAD PLACE, LLC 3505 HART STREET, SUrTE 214 ROSEMEAD, CA 91770 November 13, 2012 Planning Director City of Rosemead Planning Department 8838 E. Valley Boulevard Rosemead, CA 91770 Re: Lot Tie ApOication - Revised Dear Sir/Madam: Please accept this letter as our revised application (the "Application ") to hold the three legal parcels of the Rosemead Place Shopping Center as one parcel. 1. Applicant: Rosemead Place, LLC c/o Jim Notley, President Beacon Property Management, Inc. 3505 Hart Street, Suite 214 Rosemead, CA 91770 (909) 527 -8300 jnotley@beaconpm.com 2. Applicant is the owner of the Rosemead Place Shopping Center with an address of 3500- 3684 Rosemead Boulevard and 3501 -3535 Hart Street, Rosemead California The Shopping Center is comprised of three legal parcels that is legally described as follows: Parcel 1: Lots I and 2, Block 9 Parcel 2: Lot 4, Block 9 Parcel 3: Lots 1 to 4, inclusive, Block 9 as recorded in Book 21, Pages 114 and 115, Records of Los Angeles County. The full legal description is provided in the preliminary title report issued by Chicago Title on July 13, 2012, a copy of which is attached to this Application. 3. Applicant requests that the three parcels be treated as one single parcel. 4. Attached is a Covenant and Agreement to Hold Property as One Parcel in recordable form for the City's approval. Applicant has consulted with Chicago Title and has been advised that the resulting lot tie does not change the legal description for the property and that the covenant to hold the three parcels as one simply will be shown as an exception to title once the covenant is recorded. Planning Director City of Rosemead November 13, 2012 Page 2 5. Owner's Certification: The undersigned applicant certifies that it is the record owner of the land herein described, that the information filed with this Application is true and correct to the best of its knowledge, and that the undersigned consents to the preparation and filing of the proposed lot tie. We look forward to your favorable approval of the foregoing Application. Very truly yours, ROSEM PLACE, LLC Herbe C. Yang Vice President Encl. Recorded at the request of and mail to: Rosemead Place, LLC Rosemead, CA 91 IatlF9dliay COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL The undersigned hereby certify that it i s the owner of real property located in the City of Rcraarsnd State of California, comprising of three parcels, that isdescribed as follows: Parcel l Per. LOTS 1 and 2 Block 9 Rosemead Parcel 2 Per. LOT 4 Block 9 Rosemead Parcel 3 Per. LOTS 1 to 4, inclusive Block 9. Rosemead as per map recorded in Book 21, Pages 114 and 115 of maps, records of Los Angelu County THE FULL LEGAL DESCRIPTION OF THE THREE PARCELS ARE ATTACHED HERETO AS EXHIBIT A. APN's: 8594-023 -034, 8594 -023 -037, 8594023 -038, 8594-023 -039, 8594- 023-002, 8594-023-043, 8594 -023 -044, 8594 -023-045 This property is located at and is known by the following ADDRESS: 3500 -3684 Rosem Boulevard and 2501 -3535 Hart Street, Rosemead, C 917 We hereby agree and covenant with the City of Roaxrrssd that the above legally described real property shell be held as one parcel and no portion shell be sold separately. This covenant and agreement shall run with all of the above described land and shall be binding upon ourselves, and our successors, heirs and assignees and shall continue in effect until released by the authority of the Planning Director of the City of Rasmeat upon submittal of request, applicable fees and evidence that this Covenant and Agreement is no longer required by law. Owner's Name ROSEME PLACE, LLC CATHERINE DISTEFANO o f Commissions 1938594 Signatures of Officers of Owner (Sign) i Notary Public - California Los Angeles County (Sign) Y Comm. Expires Jun 11. 2015 Dated this day of NOVGm �a-`' 20 12 SIGNATI IRI STATE OF CALIFORNIA, COUNTY OF LOS ANGELES on A/Neynbn- lil x-1711 _before noe, Catherine Distefano Notary Public personally appeared e b Y who proved to me on the is of satisfactory evidence to be the persons} whose names? is/ace subscribed to d e within rnstmment and acknowledged to me that he /stha/they executed the same in htsAwrithair authorized capacity(jea), and that by his/herAtteit signatureN)on the instrument the person(%), or the entity upon behalf of which the person(,il 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 FOR CITY OF ROSEMEAD USE ONLY: MUST BE APPROM BY PLANNING DEPARTM[M PRIOR TO RECORDING: APPROVED BY: EXHIBIT A LEGAL DESCRIPTION PARCEL l: THOSE PORTIONS OF LOTS 1 AND 2, IN BLOCK 9 OF ROSEMEAD SHEET NO. 2, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY 37 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LOT 1, WITH A LINE PARALLEL WITH AND DISTANT EASTERLY 20 FEET, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID LOT, THENCE SOUTH 0° 58' 00" EAST, 45.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 02'00" EAST, 4 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 45 FEET (SAID CURVE BEING TANGENT TO THE EASTERLY LINE OF THE WESTERLY 24 FEET, MEASURED AT RIGHT ANGLES, FROM SAID LOT 1), AN ARC DISTANCE OF 70.80 FEET, TO THE SOUTHERLY LINE OF THE NORTHERLY 37 FEET OF SAID LOT; THENCE NORTH 89 10' 45" EAST TO A POINT IN THE SAID SOUTHERLY LINE DISTANT THEREON 325.11 FEET FROM SAID WESTERLY LINE OF LOT 1; THENCE SOUTH 0° 57' 48" EAST, 239.44 FEET; THENCE NORTH 89° 02' 12" EAST, 293.23 FEET; THENCE SOUTH 0 57' 48" EAST, 624.00 FEET; THENCE NORTH 89° 09' 12" EAST, 20.00 FEET; THENCE SOUTH 0° 57' 48" EAST, 100.00 FEET; THENCE SOUTH 89 02' 12" WEST 194.00 FEET; THENCE NORTH 0 57'48" WEST, 52.00 FEET; THENCE SOUTH 89° 02' 12" WEST, 86.52 FEET; THENCE SOUTH 0 57' 48" EAST 105.35 FEET, MORE OR LESS, TO THE SOUTHERLY .LINE OF RAMONA BOULEVARD, AS RELINQUISHED BY THE STATE OF CALIFORNIA BY RELINQUISHMENT, RECORDED ON JUNE 4, 1963 AS INSTRUMENT NO. 4880, IN BOOK R1570 PAGE 561, OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAID RECORDER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF RAMONA BOULEVARD TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WALTER H. JOHNSON AND WIFE, RECORDED MAY 20, 1959 AS INSTRUMENT NO. 3946, IN BOOK D474 PAGE 79 OF OFFICIAL RECORDS, THENCE NORTHWESTERLY AND NORTHERLY ALONG THE GENERAL BOUNDARY LINES OF SAID LAND TO JOHNSON, TO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID BOUNDARY LINE, RECITED IN SAID DEED AS "NORTH 07° 48' 28" WEST, 313.99 FEET; THENCE IN A DIRECT LINE TO THE INTERSECTION OF A LINE PARALLEL WITH AND 30 FEET NORTHERLY MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LOT 1, WITH A LINE PARALLEL WITH AND EASTERLY, MEASURED AT RIGHT ANGLES, 150 FEET FROM THE WESTERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID PARALLEL LINE 160 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH AND 190 FEET NORTHERLY MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LOT 1 TO THE WESTERLY LINE OF SAID LOT l; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF LOT 1, TO LINE WHICH IS PARALLEL WITH AND 20 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF LOT 1; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION (continued) EXCEPT THEREFROM THAT PORTION OF SAID LAND, LYING WITHIN THE LAND DESCRIBED IN PARCEL 2 OF THE DEED TO THE STATE OF CALIFORNIA, AS RECORDED IN BOOK 19773 PAGE 301 OF OFFICIAL. RECORDS OF SAID COUNTY. ALSO EXCEPT THAT PORTION OF SAID LOT 2, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF THE NORTHERLY 30.00 FEET OF SAID LOT 2, DISTANT THEREON NORTH 89° 01' 49" EAST, 174.00 FEET FROM THE WESTERLY LINE OF SAID LOT 2, SAID POINT BEING ALSO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 19, 1943 IN BOOK 19773 PAGE 301, OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND SOUTH 43° 57' 26' WEST, 18.64 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED TO WALTER M. AND RUTH RAE JOHNSON, RECORDED MAY 20, 1959 IN BOOK D474 PAGE 79 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE SOUTH 7° 48' 28" EAST, 314.02 FEET TO A TANGENT CURVE IN SAID WESTERLY LINE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 167.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE INTERSECTION WITH THE SOUTHERLY PROLONGATION OF A LINE PARALLEL WITH AND DISTANT 4.00 FEET, MEASURED AT RIGHT ANGLES TO T14E HEREINABOVE COURSE DESCRIBED AS "SOUTH 7° 48' 28" EAST, 314.02 FEET; THENCE ALONG SAID PARALLEL LINE AND SAID SOUTHERLY PROLONGATION NORTH 7° 48'38 WEST, 349.20 FEET TO A LINE PARALLEL WITH AND DISTANT 4.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, TO SAID SOUTHEASTERLY LINE OF FIRST SAID DEED; THENCE ALONG LAST SAID PARALLEL LINE NORTH 43 57' 26" EAST, 19.66 FEET TO THE SOUTHERLY LINE OF SAID NORTHERLY 30.00 FEET; THENCE ALONG SAID SOUTHERLY LINE OF SAID NORTHERLY 30.00 FEET SOUTH 89° 01' 49" WEST, 4.84 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THE WESTERLY 24.00 FEET OF SAID LOT 1. ALSO EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY 37.FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID LOT 1, DISTANT THEREON NORTH 89 10' 45" EAST 325.11 FEET FROM THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 0° 57'48" EAST 239.44 FEET; THENCE SOUTH 89° 02' 12" WEST, 46.13 FEET; THENCE NORTH 0° 57' 48" WEST, 239.55 FEET TO THE AFOREMENTIONED PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, NORTH 89° 10' 45" EAST, 46.13 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT 50 PERCENT OF ALI, MINERAL AND OIL RIGHTS, IN AND TO A PORTION OF LOT I AS RESERVED IN DEED RECORDED IN BOOK 24362 PAGE 26 OF OFFICIAL RECORDS. ALSO EXCEPT 50 PERCENT OF ALL GAS AND OIL RIGHTS IN AND TO A PORTION OF LOT I AS RESERVED IN DEED RECORDED APRIL 17, 1958 AS INSTRUMENT NO. 1939, OFFICIAL RECORDS. LEGAL DESCRIPTION (continued) ALSO EXCEPT ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER A PORTION OF LOT 2, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OF SAID LAND AS RESERVED BY STATE OF CALIFORNIA, IN DEEDS RECORDED MAY 20, 1959 AS INSTRUMENT NOS. 3845 AND 3846, BOTH OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF LOT 4 M BLOCK 9 OF ROSEMEAD SHEET NO. 2, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF EASTERLY 253.00 FEET, MEASURED AT RIGHT ANGLES OF SAID LOT 4, WITH THE SOUTHERLY LINE OF RAMONA BOULEVARD, AS RELINQUISHED BY THE STATE OF CALIFORNIA, BY RELINQUISHMENT RECORDED MINE 4, 1963 AS INSTRUMENT NO. 4880 IN BOOK RI 570 PAGE 561 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF RAMONA BOULEVARD AND WHICH IS ALONG A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 8035 FEET, THROUGH A CENTRAL ANGLE OF P 29' 54" AND AN ARC DISTANCE OF 210.12 FEET TO A POINT PARALLEL WITH AND DISTANT WESTERLY 210.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY LINE, (A RADIAL LINE TO SAID POINT HAS A BEARING OF NORTH 1 43'54" EAST); THENCE ALONG SAID LAST MENTIONED PARALLEL LINE NORTH 0 57'48" WEST, 190.01 FEET; THENCE NORTH 89 02' 12" EAST, 210.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 0° 57'48" EAST, 197.14 FEET TO THE POINT OF BEGINNING. PARCEL 3: THOSE PORTIONS OF LOTS 1 TO 4 INCLUSIVE, IN BLOCK 9 OF ROSEMEAD SHEET NO. 2, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21 PAGES 114 AND 115 OF MAPS, 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 SOUTHERLY 37 FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID LOT 1, DISTANT THEREON NORTH 89 10' 45" EAST, 278.98 FEET FROM THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 0° 57' 48" EAST, 239.55 FEET; THENCE NORTH 89 02' 12" EAST, 339.36 FEET; THENCE SOUTH 0 1 57' 48" EAST 624.00 FEET; THENCE NORTH 89° 02' 12" EAST, 20.00 FEET; THENCE SOUTH 0° 57' 48" EAST, 100.00 FEET; THENCE SOUTI 189° 20' 12" WEST 194.00 FEET; THENCE NORTH 0° 57'48" WEST, 52.00 FEET; THENCE SOUTH 89° 02' 12" WEST, 86.02 FEET; THENCE SOUTH 0° 57' 48" EAST, 105.35 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF RAMONA BOULEVARD, AS RELINQUISHED BY THE STATE OF CALIFORNIA, BY RELINQUISHMENT RECORDED JUNE 4, 1963 AS INSTRUMENT NO. 4880 IN BOOK R1570 PAGE 561 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID RECORDER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF RAMONA BOULEVARD, TO THE WESTERLY LINE OF THE EASTERLY 253.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID LOT 4; THENCE NORTHERLY ALONG SAID LAST MENTIONED WESTERLY LINE AND ITS NORTHERLY PROLONGATION, TO A POINT THEREIN, DISTANT SOUTHERLY THEREON, 17.00 FEET, FROM THE SOUTHERLY LINE OF THE NORTHERLY 25.00 FEET MEASURED AT • 4 LEGAL DESCRIPTION (continued) RIGHT ANGLES, OF SAID LOT 3; THENCE NORTHWESTERLY IN A DIRECT LINE TO A POINT IN SAID LAST MENTIONED SOUTHERLY LINE, DISTANT WESTERLY THEREON 17.00 FEET, FROM SAID NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE EASTERLY 253.00 FEET OF LOT 4; THENCE SOUTH 89° 10'45" WEST, ALONG SAID SOUTHERLY LINE OF THE NORTHERLY 25 FEET AND ITS WESTERLY PROLONGATION A DISTANCE OF 633.98 FEET; THENCE SOUTH 83° 28' 07" WEST, 120.60 FEET; THENCE SOUTH 89° 10' 45" WEST, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF LOT 4, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EASTERLY 253.00 FEET, MEASURED AT RIGHT ANGLES OF SAID LOT 4, WITH THE SOUTHERLY LINE OF RAMONA BOULEVARD, AS RELINQUISHED BY THE STATE OF CALIFORNIA, BY RELINQUISHMENT RECORDED JUNE 4, 1963 AS INSTRUMENT NO. 4880 IN BOOK R1570 PAGE 561 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF RAMONA BOULEVARD AND WHICH IS ALONG CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 8035 FEET, THROUGH A CENTRAL ANGLE OF P 29' 54" AND AN ARC DISTANCE OF 210.12 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 210.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY LINE, (A RADIAL LINE TO SAID POINT HAS A BEARING OF NORTH V 43' 54" EAST); THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, NORTH 0° 57' 48" WEST, 190.01 FEET; THENCE NORTH 89° 02' 12° EAST, 210.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 0° 57' 48" EAST, 197.14 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION