CC - Item 6H - Recordation of Irrevocable Offer of Dedication for Parcel No. 5287-038-035 for use for Public sidewalks and amenitiesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 8, 2009
SUBJECT: RESOLUTION NO. 2009-62 CONSENTING TO THE RECORDATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE
PORTIONS OF L.A. COUNTY ASSESSORS PARCEL NO. 5287-038-
035 PROPOSED FOR USE FOR PUBLIC SIDEWALKS AND
AMENITIES
SUMMARY
In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the
owner(s) of the property located at 7907-7911 Virginia Street 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 a street tree in accordance with city standards.
Staff Recommendation
Staff recommends that the City Council Adopt resolution No. 2009-62, authorizing the
City Engineer to execute and record the irrevocable offer of dedication for L.A. County
Assessor Parcel No. 5287-038-035.
DISCUSSION
By way of background, the City Council amended the Rosemead Municipal Code
Section 15.040.040 by its Adoption of Ordinance No. 808 on June 13, 2000 (copy
attached) which required, among other things that:
Any owner, lessee, occupant or 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.
APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. tQ8,
City Council Meeting
December 8, 2009
Pace 2 of 2
The owner(s) of L.A. County Assessors Parcel No. 5287-038-035, located at 7907-7911
Virginia Street, Rosemead have executed an offer of dedication for additional right-of-
way to accommodate the planting of a street tree in connection with building Permit No.
B00-001-430. The City Engineer has 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.
It should be noted that the legal description and accompanying map exhibits were
prepared by staff at no cost to the applicant, as their building permit was applied for
prior to the Council adoption of the new fee ordinance.
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 tree will be added to the City's tree maintenance schedule
and 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. Le Blanc, P. E.
City Engineer
Submitted By:
Chris Marcarello
Deputy Public Works Director
Attachment A: Resolution No. 2009-62
RESOLUTION NO. 2009-62
CONSENT TO THE RECORDATION OF THE OFFER
OF DEDICATION FOR THOSE PORTIONS OF L.A.
COUNTY ASSESSORS PARCEL NO. 5287-038-035
PROPOSED FOR USE FOR PUBLIC SIDEWALKS
AND AMENITIES.
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 facilities; and
WHEREAS, in conjunction with the development activities undertaken on the
Parcels, the 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, the Parcel owners intend to install a parkway tree(s) and it is
necessary to relocate the sidewalk in the vicinity of the tree(s) to. ensure compliance
with the Americans with Disabilities Act, as well as City standards for sidewalks; 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 consents to the recordation of the
offer 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 DAY OF 12009.
Margaret Clark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, 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 Ordinance was duly introduced and placed upon its first reading a
regular meeting of the City Council on the day of and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the day of , by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Gloria Molleda, City Clerk
EXHIBIT "A"
USPO MAILING ADDRESS:
7907-7911 Virginia Street
Rosemead, California
91770
L.A. COUNTY ASSESSORS PARCEL NO.
5287-038-035
LEGAL DESCRIPTION OF PARCEL:
The portion of Lot 88 of The Lands of The San Gabriel Improvement Company , in the
City of Rosemead, County of Los Angeles, State of California, shown on map recorded
in Book 54 Pages 71 and 72 of the Miscellaneous Records, in the Office of the County
Recorder of said County, described as follows:
Beginning at a point in the Northerly line of said Lot 88, distant South 89 23' 02" West
60 feet from the Northerly corner of said lot; thence along said Northerly line South 89
23' 02" West 60 feet; thence parallel with the Easterly line of said lot, South 0 37' 55"
East 210 feet to the Westerly prolongation of the center line of Virginia Street as shown
on map of Tract No. 4747, recorded in Book 50 Page 52 of Maps, in the office of the
recorder of said county; thence along said prolongation North 89 23' 02" East 60 feet
to a line parallel with said Easterly line and which passes through the point of
beginning; thence North 0 37' 55" West 210 feet to the point of beginning.
OFFICIAL BUSINESS.
Document entitled to free
recording per Government
Code § 6103 and § 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ROSEMEAD
8838 EAST VALLEY BLVD
ROSEMEAD, CA 91770
ATTN: CITY CLERK
NPAUt Atlvvt I HIS LINt tUK NtUUKU1NU UJt
IRREVOCABLE OFFER OF DEDICATION
(Government Code Section 7050)
This Irrevocable Offer of Dedication ("Offer") is made and effective this 264
day of WTO , 2009 by Nga Sieu Truong, a married woman as her sole & separate property
and Minh Tan Truong, a married man, as his sole and separate property, all as joint tenants
("Offeror") for exclusive acceptance by the CITY OF ROSEMEAD, a municipal corporation
("City"). This Offer is irrevocable and shall be absolutely binding upon the Offeror, its heirs,
successors, assigns, and all persons claiming an interest in the property offered for dedication.
RECITALS
A. The Rosemead Municipal Code requires installation of parkway trees in
connection with certain development activities. Such installation may require relocation of the
sidewalk, which may require the dedication of additional right of way to accommodate the
relocated sidewalk.
B. Offeror has undertaken development activity which requires installation of a
parkway tree(s) and a relocation of the sidewalk in the vicinity of the tree is necessary to ensure
compliance with the Americans with Disabilities Act, as well as City standards for sidewalks.
OPERATIVE PROVISIONS
• NOW THEREFORE, in consideration of the mutual promises, approvals, and covenants
made by the parties and other considerations, the value, adequacy and receipt of which are
hereby acknowledged, the parties agree as follows:
1. Irrevocable Offer Of Dedication. Offeror does hereby irrevocably offer to
dedicate an easement upon, under, through and above the property described on Exhibit "A" and
depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Property").
Such dedication shall be 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.
2. Time And Manner Of Acceptance. In accordance with Government Code
Section 7050, this Offer shall remain in effect until accepted by the City Council. This Offer
LA 04822-1026-6368 v1 -I-
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.
3. Offer Runs With Land. The provisions of this Offer shall inure to the benefit of
and be binding upon the Owner and their heirs, successors or assigns, subsequent transferees and
any other person claiming an interest in the Property.
4. Waiver of Compensation. Offeror hereby expressly and unconditionally waives
any and all right to claim, demand, or receive any further compensation for the Dedication which
Offeror may be eligible to receive under the California Relocation Assistance Act (Government
Code §7260, et seq.), article 1, § 19 of the California Constitution, the California Eminent
Domain Law (Code of Civil Procedure §1230.010, et seq.), and/or the California Code of
Regulations, Title 25 or other applicable local, state, or federal statute, ordinance, regulation,
rule, or decisional law (collectively "Compensatory Laws"), including, but not limited to, the fair
market value of the property, severance damages, loss of goodwill, loss of profits, or relocation
benefits and assistance, or claims for unreasonable precondemnation activities or inverse
condemnation, or any other compensation as a result of the City's requirement of the Dedication
and/or acceptance of the Dedication. Furthermore, Offeror hereby expressly releases the City of
Rosemead, and their respective officials, officers, employees, representatives, successors and
assigns, from any liability, responsibility, or obligation to pay any further compensation for the
City's requirement of the Dedication and/or acceptance of the Dedication which Offeror may be
eligible to receive under the Compensatory Laws as a result thereof.
5. Authoritv To Execute. The person or persons executing this Offer on behalf of
Offeror warrants and represents that he/she/they has/have the authority to execute this Offer on
behalf of his/her/their corporation, partnership, or business entity and warrants and represents
that he/she/they has/have the authority to bind Offeror to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
first written above.
OFFEReOR: CONSENT BY: CityofRosemead
By. By.
V-
Name: Nga Sieu Truong Name:
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
Title: City Engineer
(Proper Notarization of signature is
required and shall be attached)
LA #4822-1026-6368 v1 -2-
OFFEROR: ATTEST:
By:
City
Name: Minh Tan Truong Clerk
Title: Owner
(Proper Notarization of signature is required
and shall be attached)
LA #4822-1026-6368 v I _3 _
Exhibit A
Legal Description
The westerly eleven (11) feet of the easterly thirty-eight (38) feet of the northerly two (2) feet of
the southerly twenty-two (22) feet of that portion of Lot 88 of The Lands of The San Gabriel
Improvement Company, in the City of Rosemead, County of Los Angeles, State of California, as
shown on map recorded in Book 54 Pages 71 and 72 of the Miscellaneous Records, in the Office
of the County Recorder of said County, described as follows:
Beginning at a point in the Northerly line of said Lot 88, distant South 89 23' 02" West 60 feet
from the Northeasterly corner of said lot; thence along said Northerly line South 89 23' 02"
West 60 feet; thence parallel with the Easterly line of said lot, South 0 37' 55" East 210 feet to
the Westerly prolongation of the center line of Virginia Street as shown on map of Tract No.
4747, recorded in Book 50 Page 52 of Maps, in the office of the recorder of said county; thence
along said prolongation North 89 23' 02" East 60 feet to a line parallel with said Easterly line
and which passes through the point of beginning; thence North 0 37' 55" West 210 feet to the
point of beginning.
To be known as Virginia Street
APN: 5287-038-035
LA #4822-1026-6368 v1 -4-
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who proved to me on the basis of satisfactory
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to me that he/she/(Se executed the same in
his/her/ ei) authorized capacity les), and that by
his/her ei signatures on the instrument the
person or the entity upon behalf of which the
person 5'j cted, 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:
Signature of No ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: r~G
Document Date: _ C=_jCc~bP V- Z6t Z0 0~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:J.Ac In h
❑ Corporate Officer - Title(s):
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❑ Trustee
❑ Guardian or Conservator
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Signer Is Representing:
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❑ Corporate Officer - Title(s):
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❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
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Signer Is Representing:
Notary Association- 9350 De Soto Ave., P.O. Box 2002 • ChaLSworth. CA 913132002 • ww -adonalNatary.org Y Item #5907
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1-800-876-8827
Title 15 BUILDINGS AND CONSTRUCTION
15.04.040 Planting of street trees-Closure of driveway approaches not in use.
Page I of I
A. The City Council finds that there are areas in all zones within the city where street trees are
lacking (or in such condition as to need repair or replacement). The lack of street trees is
detrimental to the public health, safety and welfare. The public health, safety and welfare will be
best protected and served by requiring the installation of street trees in instances of substantial
new construction.
B. Any owner, lessee, occupant or 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 close all driveway approaches not in use or which are
considered unsafe for ingress or egress and shall install street trees in accordance with city
standards, unless street trees already exist, on the street frontage of the parcel of 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.
C. The Director of Planning and the Building Official shall not issue a certificate of occupancy
nor accept any structure for public utility connection, nor approve any structure or improvement
for use unless and until the provisions of this section have been complied with or a bond or cash
in sufficient sums to insure the installation required in subsection B of this section is filed with
and accepted by the Planning Department of the city, or modification therefrom has been
obtained, pursuant to the provisions of Section 15.04.050.
(Ord. 808 §71 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8104)
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Title 15 BUILDINGS AND CONSTRUCTION Page 1 of 1
15.04.050 Limited modification procedure-Planting of street trees.
A. Any person desiring to obtain a modification from the provision of Section 15.04.040 may
file with the Planning Commission a written application. The Planning Commission shall give the
applicant for such modification an opportunity to be heard if he or she so desires, and thereafter
may grant or deny the application for the modification, or'may grant the same upon such
conditions as the Planning Commission deems necessary for the preservation of the safety,
health or property of the general public.
B. The Planning Commission upon such application, or on its own motion, may grant a
B1,
from the provisions of Section 15.04.040 for one or more of the following reasons:
1. The installation of street trees, in the area involved, is included in a budgeted city
project or within an approved assessment district;
2. Because of the location of tha property, the terrain or condition thereof, or other
similar reasons, the installation of street trees would be impractical or unnecessary or
would impose undue hardship on the owner of the property.
C. Within fifteen (15) days after receipt of written notice of the decision of the Planning
Commission concerning such modification application, any person affected thereby may appeal
to the City Council, by filing a notice of appeal with the City Clerk. Except in case of an appeal
filed by a governmental body or school district, such notice of appeal shall be accompanied by a
fifty dollar ($50.00) filing fee.
D. Unless the City Council, within thirty (30) days after notice of appeal has been filed,
determined to grant a hearing or to refer the matter back to the Planning Commission for
rehearing, the appeal shall be deemed dismissed and the decision of the Planning Commission
shall thereupon become final.
E. If the City Council determines to hear the appeal, ten days written notice such hearing shall
be mailed by certified mail to the appellant and to all persons who requested such notice at the
time of the hearing upon the application for modification before the Planning Commission.
F. The City Council may consider the appeal on the record, if any, made before the Planning
Commission, or de novo; and thereafter the City Council may refer the matter back to the
Planning Commission for further consideration or may reverse, affirm or modify the decision of
the Planning Commission subject to the same standards and, limitations imposed upon the
Planning 'Commission by this section. Except as herein expressly otherwise provided, the
decision of the City Council shall be final.
(Ord. 808 § 1 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8105)
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