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CC – Item 5E – Resolution No. 2024-05 – Authorize The Recordation of the Offer of Easement Dedication For Those Portions of L.A. County Assessors Parcel No’s. 5287-039-001 & 5287-039-004 (7801 Garvey Ave)ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 13, 2024 SUBJECT: RESOLUTION NO. 2024-05 - AUTHORIZING THE RECORDATION OF THE OFFER OF EASEMENT DEDICATION FOR THOSE PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO's. 5287-039-001 & 5287-039-004 (7801 GARVEY AVENUE) PROPOSED FOR USE FOR PUBLIC STREETS AND UTILITY PURPOSES SUMMARY In accordance with the City of Rosemead Municipal Code Section 16.08.220 (Dedications for minor land divisions and parcel maps), the owner(s) of the property located at 7801 Garvey Avenue, Rosemead California have submitted an executed irrevocable offer of easement dedication for public streets and utility purposes. 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 trees to satisfy the applicable development standards. The owner(s) of L.A. County Assessor Parcel No's. 5287-039-001 & 5287-039-004, located at 7801 Garvey Avenue, have executed an offer of dedication for public street easement purposes for additional right of way to satisfy development standards. The City Engineer has determined that the offer of easement dedication as submitted is appropriate, necessary, and adequate to ensure the project's adherence to development standards. Further, the City Engineer has determined that it is in the best interest of the City to consent to the recordation of the offer of dedication for public street purposes as submitted. In accordance with Government Code Section 7050, the irrevocable offer of easement does not become effective 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 state law. Further, the irrevocable offer of 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. AGENDA ITEM. 5.E City Council Meeting February 13, 2024 Page 2 of 2 STAFF RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2024-05, authorizing the City Engineer to execute and record the irrevocable offer of casement for Los Angeles County Parcel No's. 5287-039-001 & 5287-039-004. FISCAL IMPACT None STRATEGIC PLAN IMPACT None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: ielle Garcia ublic Works Fiscal and Project Manager Submitted by: Noya Wang Director of Public Works Attachment A: Resolution No. 2024-05 Attachment B: Grant of Easement Documentation Attachment A Resolution No. 2024-05 RESOLUTION NO. 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING CITY STAFF TO EXECUTE AND RECORD THE OFFER OF DEDICATION OF A GRANT OF EASEMENT FOR STREET AND UTILITY PURPOSES LOCATED AT 7801 GARVEY AVENUE (APN 5287-039-001 & 5287-039-004) WHEREAS, an Offer of Dedication for public street easement purposes has been made to the City of Rosemead on property located at 7801 Garvey Avenue (APN 5287-039-001 & 5287-039-004); 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, City staff has reviewed the documents and determined that Offer of Dedication for public street easement purposes is satisfactory and ready for acceptance; and WHEREAS, the acceptance of the dedication for public right-of-way purposes is not a "project" under the California Environmental Quality Act ("CEQA") because the proposed action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14 California Code of Regulations § 15061); 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 easement. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. The City Council hereby finds and determines that the recitals above are true and correct and are hereby incorporated into this resolution as though fully set forth herein. SECTION 2. The City accepts and consents to the recordation of the offer of dedication for public street easement purposes only on the property located at 7801 Garvey Avenue (APN 5287-039-001 & 5287-039-004) and authorizes the City Manager to execute any documents necessary to accept the easement. SECTION 3. The City Council hereby finds and determines that the acceptance of the dedication for public street easement purposes is not a "project" under the California Environmental Quality Act ("CEQA") because the proposed action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14 California Code of Regulations § 15061). SECTION 4. The City Clerk shall certify the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED this 13`x' day of February, 2024. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-05, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 13th day of February 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B Grant of Easement Documentation REQUESTED BY AND WHEN RECORDED MAIL TO: Recording Requested By And When Recorded Return To: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Attn: CITY CLERK NO FEE per G.C. 6103 F.ACF.MF,NT SPACE ABOVE FOR RECORDER'S USE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 9-11 Mar Pro Put y l '.- hereby GRANTS to the CITY OF ROSEMEAD, a municipal corporation, AN EASEMENT FOR PUBLIC STREETS AND HIGHWAYS AND PUBLIC UTILITY PURPOSES AND APPURTENANT FACILITIES the real property in the City of Rosemead, County of Los Angeles, State of California, described as follows: See Exhibits f°A" Legal Description and "B" Plat Map attached hereto and made a part hereof. Owners(s) By: Gerard Ngo By: DATE: O +1 04 z This is to certify that the interest in the real property conveyed by the within instrument to the City of Rosemead, California, a municipal corporation, is hereby accepted by order of the City Council, and grantee consents to the recordation thereof by its duly authorized officer. CITY OF ROSEMEAD By: City Clerk Date: Location: 7801 Garvey Ave. Rosemead CA. 91770 File No.: V2023 ACKNOWLEDGEMENT 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 COUNTY OF I A C / l mleJ )ss On 01- 0 Y - 201,!t before me, �trr I C or Aitf1 � Notary Public, personally appeared 6e riw /V 9 0 who proved to me on the basis of satisfactory evidence to be the persons( whos amen) is/ar/; subscribed to the within instrument and acknowledged to me thatQt@I's�/tKey executed the same irf�/ r/ttj®ir authorized capacity, and that byqji 4rj*6ir signature(gg on the instrument the personLrr, , or 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. (Seal) Signature V2023 VICTOR HUNG COMM. #2372886 Z i•m Notary Public - California o Los Angeles County M4 Comm. Expires Aug. 29, 2025Comm. Ez Aires Au . 29, 2025 EXHIBIT `A' LEGAL DESCRIPTION PUBLIC STREET EASEMENT PARCEL A: A PORTION OF LOT 1 PER TRACT NO. 7223, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 85, PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF THAT ALLEY LYING BETWEEN SAID LOT I AND LOT 10 PER SAID TRACT NO. 7723 AS VACATED NOVEMBER 17TH 2021, PER DOCUMENT NO. 2021-1709133 OFFICAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 10, SAID POINT ALSO BEING A POINT ON THE EASTERN RIGHT OF WAY OF DEL MAR AVENUE; THENCE PARALLEL TO SAID RIGHT OF WAY SOUTH 00034'25" EAST 172.63 FEET TO THE NORTHERLY CORNER OF A PUBLIC ROAD EASEMENT GRANTED AUGUST ST 1994, PER DOCUMENT NO. 1974-0003672 OFFICIAL RECORDS; THENCE SOUTH 45024'30" EAST 7.09 FEET ALONG SAID ROAD EASEMENT TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT I SAID NORTHERLY LINE BEING THE NORTHERLY LINE OF A PUBLIC ROAD EASEMENT GRANTED SEPTEMBER 25" 1994, PER BOOK 12986, PAGE 212 OFFICIAL RECORDS; THENCE NORTH 89045'25" EAST 11.93 FEET ALONG SAID NORTHERLY LINE, TO A POJNT OF CUSP WITH A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'40'10", AN ARC DISTANCE OF 20.35 FEET TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF THE WESTERLY 4.00 FEET OF SAID LOT 1; THENCE NORTH 00034'25" WEST 164.73 FEET ALONG SAID EASTERLY LINE, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 10; THENCE SOUTH 89017'52" WEST 4.00 FEET ALONG THE SOUTHERLY LINE OF LOT 10, TO THE POINT OF BEGINNING. CONTAINING 734.00 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF Page 1 of 2 PARCEL B: A PORTION OF LOT 6 PER TRACT NO. 7223, IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 85, PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF THAT ALLEY LYING BETWEEN SAID LOT 6 AND LOT 16 PER SAID TRACT NO. 7723 AS VACATED NOVEMBER 17TH 2021, PER DOCUMENT NO. 2021-1709133 OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING A POINT ON THE WESTERN RIGHT OF WAY OF BRIGHTON STREET; THENCE PARALLEL TO SAID RIGHT OF WAY SOUTH 00037'55" EAST 179.87 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 6 SAID NORTHERLY LINE BEING THE NORTHERLY LINE OF A PUBLIC ROAD EASEMENT GRANTED SEPTEMBER 25TH 1994, PER BOOK 12986, PAGE 212 OFFICIAL RECORDS; THENCE SOUTH 89045'25" WEST 8.02 FEET ALONG SAID NORTHERLY LINE, TO A POINT OF CUSP WITH A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 3.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY, EASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°24'33", AN ARC DISTANCE OF 4.73 FEET TO A POINT OF TANGENCY WITH THE WESTERLY LINE OF THE EASTERLY 5.00 FEET OF SAID LOT 6; THENCE NORTH 00037'55" WEST 176.81 FEET ALONG SAID WESTERLY LINE, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 16; THENCE NORTH 89017'52" EAST 5.00 FEET ALONG THE SOUTHERLY LINE OF LOT 16, TO THE POINT OF BEGINNING. CONTAINING 901.00 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: OMEGA LAND SURVEYING, INC. 49'ii 12-5-2023 RYAN J. W CEFIELD DATE L.S. 9117 Page 2 of 2 EXHIBIT "B" SHEET 1 OF 2 LEGEND REFERENCES — — STREET CENTERLINE TRACT NO. 7223, BOOK 85, PAGE 38, OF MAPS RIGHT OF WAY PROPERTY LINE — — — — — — — OLD RIGHT OF WAY — — — — LOT UNE P.O.B. POINT OF BEGINNING ® PARCEL A-PUBLIC STREET EASEMENT, AREA=734 SQ. FL MORE OR LESS PARCEL B-PUBLIC STREET EASEMENT, AREA-901 SQ. FL MORE OR LESS APN 5287-039.005 APN 5287-039-011 m m c LOT 10 LOT 16 dl aI 50 1L----N 89'21_15" E 279.54' I— n 80, —I ''-'---------- 4 0ALLEY VACATED PER DOC N0._ — 2d, w a 2021170— O.R. ii W — w w I�--T�--o-----T---T---T_ I �I w Q IN Ia aQ Q q 9I� 3I fel an ZM zM I ZM u�i I I Q Io Ia N Q4 Q4 QqI I Z C3 Q I ( z I TRACT NO. 7223 N � ,NI a gI F- LL j (MB 85138) I I T 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 DETAIL A N 89'47' E 279.68' DETAIL B — GARVEY AVENUE /N� S2 ,`WA/r,, PREPARED BY: o� a L.S. 9117 ov RYAN J. MKIEFIELD PLS 9117 0' 30' 60' 120' s� �g 4320 VIEWRIDGE AVENUE, SUITE C qrF OF CAL�FO� SAN DIEGO, CALIFORNIA 92123 PH: (619) 488-6942 SCALE: 1" = 60' r:VMa[cisWrm on uNt Mxn avr�v (ons)W WfflWMWAAm-0MrA K Mc W4b- 17.2W - *07- EXHIBIT "B" SHEET 2 OF 2 CURVE DATA TABLE Cl b-89'40'10' R-13.00' L=20.35' C2 e-907433' R-3.00' L=4.73' —H I—V LOT 1 Cl � I STREET EASEMENT PER I DOC 1974-0003672, O.R. GARVEY AVENUE DETAIL A SCAIE 1'-30' L1 S 45'24'30" E L-7.09' L2 N 8914625" E L=11.93' L3 S 8917'52" W L=4.00' L4 S 89'45'25" E L=8.02' L5 N 8997'52" E L-5.00' / L5--\ .O.B. I I APN 5287-039.011 PARCEL 'B' -- --LOT 16 --- VACATED_ ALLEY O 4 1-1 ZM A ° CL Q Q .� wm 1 _ � I I LOT 6 m in C2 I 1 I L4 I STREET EASEMENT PER BOOK 12986 PG 212, O.R. GARVEY AVENUE DETAIL B SOME 1%,w P.vmuay3%m u m r N G y lvnovwiw w" -- w,w+f."un,w..uw — .......... - --...n -` \ P.O.B. A— �L3 I I APN i 5287-039.005 LOT 10 — VACATED_ ALLEY PARCEL 'A' LLI 1n W 3 Q N to 4 z co i Q SI O Cc? co J '^ to —H I—V LOT 1 Cl � I STREET EASEMENT PER I DOC 1974-0003672, O.R. GARVEY AVENUE DETAIL A SCAIE 1'-30' L1 S 45'24'30" E L-7.09' L2 N 8914625" E L=11.93' L3 S 8917'52" W L=4.00' L4 S 89'45'25" E L=8.02' L5 N 8997'52" E L-5.00' / L5--\ .O.B. I I APN 5287-039.011 PARCEL 'B' -- --LOT 16 --- VACATED_ ALLEY O 4 1-1 ZM A ° CL Q Q .� wm 1 _ � I I LOT 6 m in C2 I 1 I L4 I STREET EASEMENT PER BOOK 12986 PG 212, O.R. GARVEY AVENUE DETAIL B SOME 1%,w P.vmuay3%m u m r N G y lvnovwiw w" -- w,w+f."un,w..uw — .......... - --...n