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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 *t* , 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 EM ct_di O CIVIC PRIDE X111. - 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 Q- cPJIA, 0� vOFCA-ft 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 .7._ GARVEY AVENUE rN CD S w 0 D � Z In Z w 1 U o - .'~ CO Q I--• 3 CO I i -• o 1 0 (1) 0 z . 5-- ;?.•- 1 �,� LAND Sv - [330.07'] `� ' ' —\./\---- I() \/\----- - S A - [N89°52'51"E 660.21') �' No. 7299 - OiLl......_ llittl2 us� Q -9J, Q? F DF CA`\�O 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 "" is \GarveyRosemead\LD\9081 SD\SHT01.dwg H&A LEGAL No. 9081 SHEET 1 OF 1 EM i O `?` AP CIVIC PRIDE 1M/ /NCCPORATEO ‘cf39 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 /, ce ---. Bmcu CA Li co420JiA1 t.t.0 , ___----Cl_ e-kli VI 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 gs 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 :gt, -. /a court r � .�/ s'%Ftp X1107319 � � , ye ,ii4 ll Notary Public MEW (Notary Public Seal) 1; ♦---- 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 . — - - ---- �W.�JD.199U' - rt � � 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 4, GARVEY AVENUE N j--". :fes ' co L.IJ 0 DZ I` Li)Z 1-• _ c L1J C.) ---- CO CO I < Lc) "...6 Q 1--• 3 , - 1.. CO n m w 0 g OG —I a ;, '� N r-; N yr 172 O)I .•� 4I 5'_ ��O SND s�9 ( , [330.07' `i I_ E A ` � ��Q R T GF U - 1so.1a' ___---- -S2 Q -per [ ) ,.I z v p - [N89°52.51"E 660.211 (-' No. 7299 — cP� Q• 9�F �F CAL\(-0Q? C/LL -111 ( 1/2 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 I'LL I: \GorveyRosemeod\LD\9081 SD\SHT01.dwg H&A LEGAL No. 9081 SHEET 1 OF 1