CC - Item 5G - Resolution No. 2017-54 Authorizing the Recordation of the Irrevocable Drainage Easement For Those Portions of LA County Assessor Parcel S E M
�. ° � 4a ROSEMEAD OS MEAD CITY COUNCIL
PRIDE STAFF REPORT
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At.oRPORAT£D AOSg
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER 4,
DATE: OCTOBER 24, 2017
SUBJECT: RESOLUTION NO. 2017-54 - AUTHORIZING THE RECORDATION OF
THE IRREVOCABLE DRAINAGE EASEMENT FOR THOSE PORTIONS
OF LA COUNTY ASSESSOR PARCEL NO'S. 5282-026-048 & 5282-026-
049 FOR STORM DRAINAGE MAINTENANCE
SUMMARY
In accordance with the City of Rosemead Municipal Code Section No. 16.08.220, the owner(s)
of the property located at 9048 Garvey Avenue have submitted an executed irrevocable offer of
drainage easement. The irrevocable offer of dedication has been determined by the City
Engineer to be necessary and appropriate to permit storm drainage maintenance.
DISCUSSION
The owner(s) of L.A. County Assessor Parcel No. 5282-026-048 & 5282-026-049, located at
9048 Garvey Avenue, have executed an offer of drainage easement to accommodate storm
drainage maintenance. The City Engineer has determined that the irrevocable offer of drainage
easement as submitted is appropriate, necessary, and adequate to ensure drainage from 2417
River Avenue (Public Works Service Center) to the Rio Hondo Wash. 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 drainage easement as submitted.
In accordance with Government Code Section 7050, the irrevocable offer of drainage easement
remains in effect until accepted by the City Council. This offer may not be terminated or
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 drainage easement inures
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.
STAFF RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2017-54, authorizing the City
ITEM NUMBER: 5C1
City Council Meeting
October 24,2017
Page 2 of 2
Engineer to execute and record the irrevocable offer of drainage easement for Los Angeles
County Parcel No. 5282-026-048 & 5282-026-049.
FISCAL IMPACT—None
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (a) of the CEQA Implementing Guidelines.
STRATEGIC PLAN IMPACT—None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By: Submitted By:
afael M. Fajardo, P.E., City Engineer Mic elle G. Ram rez, Dir or of Public Works
Attachment A: Resolution No. 2017-54
Attachment B: Grant of Easement Documentation
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CIVIC PRIDE
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Attachment A
Resolution No. 2017-54
RESOLUTION NO. 2017-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZE CITY STAFF TO EXECUTE
AND RECORD THE IRREVOCABLE OFFER OF DEDICATION OF A
GRANT OF EASEMENT FOR DRAINAGE PURPOSES LOCATED AT
9048 GARVEY AVENUE (APN 5282-026-048 & 5282-026-049)
WHEREAS, an Irrevocable Offer of Dedication for drainage easement purposes has been
made to the CITY OF ROSEMEAD on property located at 9048 Garvey Avenue (APN 5282-026-
048 & 5282-026-049); and
WHEREAS, a description of the easement has been submitted to and approved by City
staff and is attached as Exhibit"A"and Exhibit"B"; and,
WHEREAS, pursuant to the provisions of the State of California Government Code
Section 66477.2, offers of dedication must be accepted or rejected by the local governing body;
and,
WHEREAS, acceptance of the offer would carry with it responsibility for maintenance of
the drainage facilities; and,
NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as
follows:
SECTION 1. Accepts and consents to the recordation of the irrevocable offer of
dedication for drainage easement purposes only on the property located at 9048 Garvey Avenue
(APN 5282-026-048 & 5282-026-049); and
SECTION 2. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED, and ADOPTED this 24th day of October, 2017.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2017-54, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 24th day of
October, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marc Donohue, City Clerk
EXHIBIT"A"
LEGAL DESCRIPTION
In the City of Rosemead,County of Los Angeles,State of California.being a portion of Lot 1 --
of Tract No. 72871,filed in Book 1395, Pages 88 and 89 of Maps, in the office of the County
Recorder of said County,described as follows;
The southerly 93.24 feet of the westerly 5.00 feet of said Lot 1.
Containing an area of 466 square feet.more or less
As shown on Exhibit"B"attached hereto and by this reference made a part hereof. _
( eSR
CharlesTripPLS 7299
Date: 71 1 j ) // No.7299
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April 27,2017
WO No.4081-1
Page 1 of 1
H&A Legal No.9081
By:C.Tripi
Checked By:R.Wheeler
EXHIBIT "B"
Sketch to Accompany Legal Description
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CHARLES R. TRIPI, PLS 7299 DATE
1 INDICATES RECORD DATA PER TRACT NO 72871. M B 1395/88-89
HUNSAKER & ASSOCIATES EXHIBIT "B"
H. I R V I N E , I N C
PUNNING I.
ENONEERING SURVEYING
Thew Hughes • Imre, CA 92618 • PF+(949)5111010 • FX:(949)911.0759 CITY OF ROSEMEAD,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA
DATE 4/27/17 o Te - - - cry C.TRIPI e° R.WHEELER SCALE: 1"= 40' W.O. 4081-1
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Attachment B
Grant of Easement Documentation
Recording Requested BY:
First American Tate Company
Notional Homebt ,der Services
Subdivision Deportment
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
THE City of Rosemead
8838 E Valley Blvd
PO Box 399
Rosemead CA 91770
Attention: City Clerk
TAX STATEMENTS
DO NOT CHANGE MAILING
Exempt from Recording Fee Exempt from Documentary Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 1,1922 - -
-1-LA i, ts.A -4D-an' i
5-3 3 61.E ciel DTT: -0-the conveyance is to a governmental entity
or political subdivision R&T 11922.
Los Angeles County [ ] All
Assessor's Parcel Number: 5282-026-048 & 5282-026-049 [ X ] Portion
-rid;; 40-.).- e 3c175
i Grant of Easement
For valuable consideration, receipt of which is hereby acknowledged,
BMCH California, LLC
Hereby grants an irrevocable drainage easement, for the purpose of storm drain
maintenance, to
The City of Rosemead, a Municipal Corporation
over and through the real property in the City of Rosemead, County of Los
Angeles, State of California described on Exhibit "A" and shown on Exhibit "B",
attached hereto and by reference made a part hereof.
This easement is granted in Perpetuity.
In witness whereof, the grantor hereto has caused this Grant of Easement to be
executed on this / 5= day of Sr ,,,..y ,-t 02 01 /,
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Shane Bouchard
Division President- So Cal
Century Communities
Moil Tax Strtem!+nts To:
SAME ASA8vvE (This document must be notarized)
F _ . . ._,__....._____ ._______.... ___.._._._. ........__ _ _
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document. '
State of California } I
County of Los Angeles } '
On `"i 1 L1 2014- before me, Rania Sawabini Notary Public
r ,Hers tns•n na..”.and U,•of My o!fore l iI
personally appeared .r 1,vie_ 'O (A G'1 1 Kri-
who prov-d to me on the basis of satisfactory evidence to be the person(,s'f whose i
•
me - rt':re subscribed to the within instrument and acknowledged to me that
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he/they executed the same in&her/their authorized capacity( ), and that by
/her/their signatujOsi on the instrument the persons or the entity upon behalf of
which the person(i) 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. r.,044,44‘.
WITNESS my tla d and official seal. 4;C:140
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Notary Public MEW (Notary Public Seal) 1;
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ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This fort'complies with current California statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT itneeded.should he completed and attached to the document .tcAnorledgmenn ,i
from other states may he completed for document'being sent to that stale so long
�!! ��`�ri ,_f—, as the n arJneg duet not require the California organ to violate California halon
/! �j�{ ( ri�(� law
(Ti descrpton of attached doament( • State and County niliamatum must he the Stale and County whore the document
signal sI personally appeared before the notary public for acknowledgment.
--- • Date of notanzatroxt must be the date that the sigrcerts)personally appeared which i
(Tile or desrnptwn of attached document OOnWNtedi must also he the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his on het
Number of Pages_3...Document Date Gi'11 I.-- commission followed by a comma and then your title(notary public)
!! a Pnnt the namcts) of document signet's) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural tortes by crossing ntf incorrect forms(i.e.
he'she they:is'a e)or circling the correct forms Failure to correctly indicate this
❑ Individual (s) information may lead to rejection 01 document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible
Impression must not cover test or lines If seal impression smudges.re-seal if a {
(Title) sufficient area permits.otherwtsc complete a different acknowledgment form •
• Signature of the notary public must match the signature on tile with the office at
❑ Partner(s) the county clerk •
❑ Attorney-in-Fact . Additional mlimnation is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
•? Indicate title or type of attached document,number of pages and date
❑ Other r, Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer.indicate the title(i.e.CEO.CFO.Secretary I
• Securely attach this document to the signed document with a staple 1
IMIllitiliiiiVW . — - - ----
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ILLEGIBLE NOTARY SEAL DECLARATION
Government Code Section 27361.7
I certify under penalty of perjury that the notary seal on the document to which
this statement attached reads as follows:
Name of Notary: RANIA SAWABINI
Date Commission Expires: Apr. 17, 2019
Notary Commission No: 2107379
County Where Bond Filed: Los Angeles
Manufacturer/Vendor Identification No: NR01
Place of Execution of the Declaration: Corona, CA
Date: 09-11-2017
00.
First American Title Company
Ainib., ..!.
EXHIBIT"A"
LEGAL DESCRIPTION
In the City of Rosemead,County of Los Angeles,State of California.being a portion of Lot 1 --
of Tract No. 72871, filed in Book 1395, Pages 88 and 89 of Maps, in the office of the County
Recorder of said County,described as follows;
The southerly 93.24 feet of the westerly 5.00 feet of said Lot 1.
Containing an area of 466 square feet,more or less
As shown on Exhibit"B"attached hereto and by this reference made a part hereof. _
J�C �,�\►ND s&4)
G eve
Charles Tripi,PLS 7299 Charles R.Tripi \``
Date: 7111 ) f 1 No.7299
OF CO°
April 27,2017
WO No.4081-1
Page 1 of 1
H&A Legal No.9081
By: C.Tripi
Checked By:R.Wheeler
EXHIBIT "B"
I\ Sketch to Accompany Legal Description
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CHARLES R. TRIPI, PLS 7299 DATE
[ ] INDICATES RECORD DATA PER TRACT NO 72871. M.B 1395/88-89
I I1 HUNSAKER & ASSOCIATES EXHIBIT "B"
L ` 1 R V 1 N I I N C .
PUNNING • ENGINEERING • SURVEYING
Three Hughes • Irma, CA 92618 • Pee(949)5831010 •FX(949)585.7S9 CITY OF ROSEMEAD,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA
DATE 4/27/17 o h - - - BY`C.TRIPI By° R.WHEELER SCALE: 1"-= 40' W.O. 4081-1
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I: \GorveyRosemeod\LD\9081 SD\SHT01.dwg H&A LEGAL No. 9081 SHEET 1 OF 1