Loading...
CC – Item 5F – Resolution No. 2024-04 – Authorizing The Recordation of the Offer of Easement Dedication For Those Portions of L.A. County Assessors Parcel No’s. 5286-022-010 (7539 Garvey Ave) Proposed For Use For Public Streets & Utility PurposesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 13, 2024 SUBJECT: RESOLUTION NO. 2024-04 - AUTHORIZING THE RECORDATION OF THE OFFER OF EASEMENT DEDICATION FOR THOSE PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5286-022-010 (7539 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 7539 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. 5286-022-010, located at 7539 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.F City Council Meeting February 13, 2024 Page 2 of 2 STAFF RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2024-04, authorizing the City Engineer to execute and record the irrevocable offer of easement for Los Angeles County Parcel No. 5286-022-010. FISCAL IMPACT None STRATEGIC PLAN IMPACT None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 7ielle Garcia Public Works Fiscal and Project Manager Submitted by: Noya Wang Director of Public Works Attachment A: Resolution No. 2024-04 Attachment B: Grant of Easement Documentation Attachment A Resolution No. 2024-04 RESOLUTION NO. 2024-04 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 7539 GARVEY AVENUE (APN 5286-022-010) WHEREAS, an Offer of Dedication for public street easement purposes has been made to the CITY OF ROSEMEAD on property located at 7539 Garvey Avenue (APN 5286-022-010); 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 drainage facilities. 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. Accepts and consents to the recordation of the irrevocable offer of dedication for public street easement purposes only on the property located at 7539 Garvey Avenue (APN 5286-022-010). 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's 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. 2024-04, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 13' 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 EASEMENT SPACE ABOVE FOR RECORDER'S USE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Det Mar Property 1 -Lc, 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 "A" Legal Description and `B" Plat Map attached hereto and made a part hereof. Owners(s) By: Gerard Ngo r By: DATE: 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: 7539 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 validityof that document. STATE OF CALIFORNIA I )ss COUNTY OF Cus Ail eles ) On d I' y — L before me, V1 ('fuy Un Notary Public, personally appeared 6erayal kr90 who proved to me on the basis of satisfactory evidence to be the personso) whose name,(srj is/ar subscribed to the within Instrument and acknowledged to me that Cie ,ye/pay ay executed the same in ►Sr9r/tbeir uthorl7ed capacity(I"), and that by 1110h¢r/,fteir signature( on the instrument the person(F'), or entity upon ehalf of which the person( 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. VICTOR HUNG �-� COMM. 112372886 z O Notary Public - California o(Seal) zLos Angeles County Signature MY Comm. Ex lies Au . 29, 2025 V2023 EXHIBIT `A' LEGAL DESCRIPTION PUBLIC STREET EASEMENT PARCEL A: A PORTION OF THE WEST 146.50 FEET OF THE EAST 359 FEET OF THE SOUTH 225 FEET OF LOT 8 IN BLOCK 2 OF THE SUBDIVISION OF THE GARVEY RANCH IN THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 52 PAGES 43 AND 44 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 225 FEET OF LOT 8 AND THE WESTERLY LINE OF THE EASTERLY 359 FEET OF LOT 8; THENCE SOUTH 00000'00" EAST 210.00 FEET, ALONG SAID WESTERLY LINE OF THE EASTERLY 359 FEET OF LOT 8, TO THE NORTHERLY LINE OF THE SOUTHERLY 15 FEET OF LOT 8; THENCE NORTH 90000'00" EAST 18.50 FEET ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 15 FEET OF LOT 8; THENCE NORTH 45000'00" WEST 21.21 FEET TO A LINE PARALLEL WITH AND 3.50 FEET EASTERLY OF SAID WESTERLY LINE OF THE EASTERLY 359 FEET OF LOT 8; THENCE NORTH 00°00'00" EAST 195.00 FEET, ALONG SAID PARALLEL LINE, TO A POINT ON SAID NORTHERLY LINE OF THE SOUTHERLY 225 FEET OF LOT 8; THENCE NORTH 90000100" WEST 3.50 FEET ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 225 FEET OF LOT 8, TO THE POINT OF BEGINNING. CONTAINING 847.50 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS EXHIBIT 'B' AND BY THIS REFERENCE MADE A PART HEREOF PREPARED BY: OMEGA LAND SURVEYING, INC. l0-16- 267-3 RY W KBFIELD DATE L.S. 9 Page 1 of 1 Exhibit "B" LEGEND STREET CENTERUNE RIGHT OF WAY PROPERTY UNE - - - - - - - - OLD RIGHT OF WAY — — LOT UNE P.O.B. POINT OF BEGINNING ® PARCEL A -PUBLIC STREET EASEMENT AREA=847.50 SQ. FT. MORE OR LESS 1 25' P.O.B.- I o aIN V W a P N 0 I g IL I - NORTHERLY LINE OF 4 SOUTHERLY 225' OFI -L3 2 LOT 8 I WESTERLY LINE OF i -EASTERLY 359' OF LOT 8 0 m 146.50' - ``' PARCEL A $ PORTION LOT 8, BLK 2 c M.R. 52/4344 Z WESTERLY LINE OF -EASTERLY 384' OF LOT 8 REFERENCES MAP RECORDED IN BOOK 52, PAGES 43 & 44 OF MISCELLANEOUS RECORDS EASEMENTS Q EASEMENT PER BOOK 12995, PAGE 276, OFFICIAL RECORDS Q2 EASEMENT PER BOOK 286 PAGE 217, OFFICIAL RECORDS 2 3 4 OPAGEM182 OFFICIALL BOOK 3799 0 EASEMENT PER BOOK 8110 - - - - - PAGE 365, OFFICIAL RECORDS LINE DATA TABLE LI N 90'00'00" E L=18.50' L2 N 45'00'00" W L=21.21' L3 N 90'00'00" W L=3.50' -1- 50'. N 10 N � r JNJ W Z N W Z N I a nQ I Lo L1 ------ Ll _L NORTHERLY UNE OF n 1 T SOUTHERLY 15' OF LOT 8 SOUTHERLY UNE '-1 A OF LOT 8 GARVEY AVE PREPARED BY: RYA J. AKEFI D PLS 9117 4320 VIEWRIDGE AVENUE, SUITE C SAN DIEGO, CALIFORNIA 92123 PH: (619) 488-6942 PADW 0WMX0714 PROSPECT AM 0' 30' 60' 120' f SCALE: 1" = 60' Aumd iQ 2M - 11:43ae