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CC - Item 6G - Recordation of Irrevocable Offer of Dedication for Parcel No. 5289-007-069 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. 2009-54, CONSENTING TO THE RECORDATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR THOSE PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5289-007-069 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 3357 Bartlett Avenue, 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. 2009-54, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5289-007-069. 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. ITEM NO. (D (a APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting December 8, 2009 Page 2 of 2 The owner(s) of L.A. County Assessors Parcel No. 5289-007-069, located at 3397 Bartlett Avenue, Rosemead, California 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. B00-000-314. 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. 2009-54 RESOLUTION NO. 2009-54 CONSENTING TO THE RECORDATION OF THE OFFER OF DEDICATION FOR THOSE PORTIONS OF LA COUNTY ASSESSORS PARCEL NO. 5289- 007-069 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 Parcel 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 , 2009. 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: 3357 Bartlett Avenue Rosemead, California 91770 L.A. COUNTY ASSESSORS PARCEL NO. 5289-007-069 LEGAL DESCRIPTION OF PARCEL: Lot 89 of Tract No. 3706, in the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Book 40 Page(s) 39 of the maps, in the office of the County Recorder of said County. Except that portion as conveyed by G.H. Naegele, Trustee, ET AL., to the Amarillo Mutual Water Company, a Corporation, by Deed Recorded in Book 1528 page 32, official records. Also except that portion of said Lot 89, which lies northerly of a line drawn parallel with the northerly line of Lot 14 of Tract No. 3752, as per map recorded in Book 40 page 69 of maps, records of said County, and extending from a point in the easterly line of said Lot 14, distant northerly thereon 17.74 feet from the most southerly corner thereof, to the westerly line of said Lot 89, except that portion thereof conveyed to the Amarillo Mutual Water Company, by Deed Recorded in Book 1528 page 32, official records, of said County. Also except that portion of said Lot 89, included within the following described parcel of land: Beginning at a point in the easterly line of said Lot 14, distant northerly thereon 17.74 feet from the most southerly corner thereof; thence southerly along said easterly line and along the easterly line of said Lot 89, a distance of 46 feet, thence westerly parallel with the northerly line of said Lot 14 to the westerly line of said Lot 89; thence northerly along said westerly line 46 feet, more or less, to a line that is parallel with said northerly line of Lot 14 and which passes through the point of beginning; thence easterly along said parallel line to the point of beginning. EXHIBIT `B" (SEE ATTACHED) '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 SPACE ABOVE THIS LINE FOR RECORDING USE IRREVOCABLE OFFER OF DEDICATION (Government Code Section 7050) This Irrevocable Offer of Dedication ("Offer") is made and effective this '27 day of kVtjJ -2`t , 2009 by Lai Pun Wong, an unmarried woman("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 may not be terminated, or the right to accept the Offer abandoned, except by Resolution of the LA MW822-1026-6368 v I -I- 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 condetmration, 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. Authority 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. OFFEROR: CONSENT BY: City of Rosemead By: Name: Lai ong By: Name: Title: Owner (Proper Notarization of signature is required and shall be attached) Title: (Proper Notarization of signature is required and shall be attached) LA #4822-1026-6368 vi -2- Exhibit A Legal Description (3357 Bartlett Avenue, Rosemead, California) The easterly two (2) feet of Lot 89 of Tract No. 3706, in the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Book 40 Page(s) 39 of the maps, in the office of the County Recorder of said County. Except that portion as conveyed by G.H. Naegele, Trustee, ET AL., to the Amarillo Mutual Water Company, a Corporation, by Deed Recorded in Book 1528 page 32, official records. Also except that portion of said Lot 89, which lies northerly of a line drawn parallel with the northerly line of Lot 14 of Tract No. 3752, as per map recorded in Book 40 page 69 of maps, records of said County, and extending from a point in the easterly line of said Lot 14, distant northerly thereon 17.74 feet from the most southerly comer thereof, to the westerly line of said Lot 89, except that portion thereof conveyed to the Amarillo Mutual Water Company, by Deed Recorded in Book 1528 page 32, official records, of said County. Also except that portion of said Lot 89, included within the following described parcel.of land: Beginning at a point in the easterly line of said Lot 14, distant northerly thereon 17.74 feet from the most southerly corner thereof; thence southerly along said easterly line and along the easterly line of said Lot 89, a distance of 46 feet, thence westerly parallel with the northerly line of said Lot 14 to the westerly line of said Lot 89; thence northerly along said westerly line 46 feet, more or less, to a line that is parallel with said northerly line of Lot 14 and which passes through the point of beginning; thence easterly along said parallel line to the point of beginning. To be known as Bartlett Avenue LA #4822-1026-6368 vi -4- ~CXN~'CsJ~-C 'rr' • •1"7~aT,F/~ I~tiD I.Fi(7~D : / dFFEt~vv Doti (ter 27.0• ~'i' _ ~ Y r7 o +I a , a- \ N . .y • . ~ vta, v9 ~~(GD e)tZ710CD X10.22388 i a d' ' 20 ?10 ID Z i~ s ~ ,9 d f ~ ,to I N 1~1,69 -001- V&~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of lGS f~ a) al-iii On X09 before me, Pr cr_,k-, "4_~ r-Cb.rf',Ae_Z Date Here Insert Name and Tdle of the Once, personally appeared f'+Z ~U f,j WO N Ct Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(pl whose name(5)dare subscribed to the within instrument and acknowledged to me that he/othey executed the same in Qal ® tMt2 his/I e hheir authorized capacity((eb'j, and that by «otmpt -I~ ` his/their signature(,s} on the instrument the It= ftil ~ R pIS n(s/ or the entity upon behalf of which the "no t 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. Signature: Place Notary Seal and/or Stamp Above Signature of o ary Public OPTIONAL Though the information below is not required bylaw, 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: Document Date: Z~ - a Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (_-ArZ 1 U N G..tlyu~~- ❑ Corporate Officer - Title(s): "~ividual l imillini ❑ Partner - ❑ Limited O General Top of thumb here ❑ Attorney in Fact F-i Trustee 300 J ❑ Guardian or Conservator ❑ Other: r a Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2008 National Notary Associalion•9350 be Solo Ave..P.O. Box 2402•Cbabivomn,CA 9131&2402-w .Nationafttaryorg Itemk5907 Reorder.Call Toll-Freel-800-87"8Zr Title 15 BUILDINGS AND CONSTRUCTION Page I of 1 15.04.040 Planting of street trees-Closure of driveway approaches not in use. 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 §'1 (part), 2000: Ord. 764 § 2 (part), 1995: prior code § 8104) 1,Mn•//lihrori~7 munirnrln rnm/.l afanlt_tAetTnrVioai/1l,GO1/1 /1 O9hiAto=nrrlinanrp•nrvlinon In/nl/nnno 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 modification 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 the 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) htt.. /Aihra.-v7 mnnirnrlo rnm/Aafanlt_tact/1lnPV;P•v/1 A5Q1/1/1 Q9hiIity=nMinanrr•nrcl in an in/71 nnnQ