HomeMy WebLinkAboutItem 2b - Resolution No. 6993 - Approving Quitclaim of dedication for a future street. GQsLIFORN
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A.6ust 5, 1903
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DATE: October 15, 2013
TO: Honorable Mayor and City Council
STAFF REPORT
Development Services Department
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Philip A. Wray, Deputy Director of Development Services
SUBJECT: RESOLUTION NO. 6993 APPROVING THE QUITCLAIM OF A CERTAIN
OFFER OF DEDICATION FOR A FUTURE STREET AND AN
EASEMENT FOR PLANTING, SIDEWALK, AND UTILITY PURPOSES
ON PARCEL MAP NO. 16959
Recommendation: Adopt
SUMMARY
In April of 1985, Parcel Map No. 16959 was approved by the City of Arcadia to create
two lots at 2230 and 2232 Holly Avenue. The map included a dedication for a "Future
Street" and an easement along the south side of 2232 Holly Avenue, offset slightly to
the south of the "T" intersection of Rosemarie Drive and Holly Avenue. At that time, the
City rejected the offers of the Future Street and the easement, but reserved the right to
accept them in the future.
The property owners of 2322 Holly Avenue have made a formal request to the City to
vacate the offers of the Future Street and the easement. The State of California Code
of Civil Procedure (Civil Code) provides for the clearing of title of outstanding offers of
dedications if they have not been acted on for a period of 25 years, and if certain
conditions are satisfied. This offer of dedication is now 28 years old and the Civil Code
conditions are satisfied.
BACKGROUND
On April 16, 1985, the City Council approved Parcel Map No. 16959 to divide one lot
into two, with the two lots identified as 2230 and 2232 Holly Avenue. The map included
an offer to dedicate half of a "Future Street ", 30 -feet wide, along the south side of 2232
Holly Avenue. The two lots are located directly opposite the easterly terminus of
Rosemarie Drive on Holly Avenue. It appears that the Future Street dedication was
required to provide for future development east of Holly Avenue. However, the potential
for development east of Holly Avenue is extremely limited and not dependent on a
street dedication. In addition to the Future Street dedication, the map included an offer
of a five -foot easement adjacent to the north side of the street dedication, for planting,
Quitclaim Dedication - Resolution No. 6993
October 15, 2013
Page 2 of 3
sidewalk, and utility purposes. The City rejected the offer of the Future Street and the
easement at that time, but reserved the right to accept them in the future.
DISCUSSION
The State of California, Code of Civil Procedure, Sections 771.010- 771.020, provide
that when certain conditions are satisfied regarding an offer of dedication that was never
accepted by the local agency, a conclusive presumption is made that the dedication is
not necessary, and the local agency shall clear the title of the offer. The required
conditions are:
• the offer was only made on a subdivision map at least 25 years ago
• the offer was never accepted
• the property has not been used for the intended use
• the property has been sold to a third party for use as if free of the dedication
The property owners have made a request to the City to clear the title of the offers
based on the provisions of the State Code, and the requirements are met.
It is apparent that the land offered for the Future Street has never been used for street
purposes. It is mostly enclosed by a fence and acts as a passive side and rear yard for
the property. The Future Street is not part of the City's Arterial and Collector Street
network, and is not necessary for access. On August 27, 2013, the Arcadia Planning
Commission made a finding of consistency with the General Plan to eliminate the street.
The easement was offered in conjunction with the Future Street and the need for the
easement is dependent on the street. Easements are commonly required outside of
street rights -of -way to allow additional space for parkway uses. The easement serves
no purpose if the Future Street is eliminated.
Since the street dedication and easement were never formally accepted, the most
appropriate document to clear the title is a quitclaim deed. Resolution No. 6993
provides the direction for approving the quitclaim deed.
ENVIRONMENTAL DETERMINATION
This action does not require an environmental determination, as it is not considered a
project under the California Environmental Quality Act.
FISCAL IMPACT
There is no fiscal impact on the City.
Quitclaim Dedication - Resolution No. 6993
October 15, 2013
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 6993 approving the
quitclaim of a certain offer of dedication for a future street and an easement for planting,
sidewalk, and utility purposes on Parcel Map No. 16959.
Approved-
Dominic Lazzareitd
City Manager
Attachments: Location Map
Resolution No. 6993
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ENGINEER: Philip A. Wray
DATE: 10/7/2013
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RESOLUTION NO. 6993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA APPROVING THE QUITCLAIM OFA
CERTAIN OFFER OF DEDICATION FOR A FUTURE
STREET AND AN EASEMENT FOR PLANTING, SIDEWALK,
AND UTILITY PURPOSES ON PARCEL MAP NO. 16959
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Parcel Map No. 16959, recorded on August 15, 1985 ("Map "), included
an offer for public use for street purposes of a certain strip of land designated as "Future
Street" herein after referred to as a "Street Dedication ", and an offer for public use for
planting, sidewalk, and utility purposes, of a strip of land designated on the Map as "Future
Easement ", herein after referred to as "Easement'. The Street Dedication is more
particularly described and shown in Exhibit "A" and Exhibit "B" attached hereto, and the
Easement is more particularly described and shown in Exhibit "C" and "D° attached hereto.
SECTION 2. The City of Arcadia has received a request from the owner of Parcel 2
of Parcel Map No. 16959 for the City to quitclaim the Street Dedication and the Easement.
SECTION 3. Pursuant to Government Code 65402 (a), the Planning Commission of
the City of Arcadia, during its regular meeting on August 27, 2013 determined that the
proposed quitclaim of the Street Dedication is consistent with the General Plan of the City
of Arcadia.
SECTION 4. Pursuant to the California Code of Civil Procedure, sections 771.010—
771.020, the City Council finds from all evidence submitted that the Street Dedication and
the Easement have not been accepted by the City and are not necessary for their intended
use and, therefore, it is ordered that that the Street Dedication and the Easement be
quitclaimed to the owner of Parcel 2.
1
SECTION 5. The City Manager is authorized and directed to sign the quitclaim
deed and cause it to be recorded in the Office of the Los Angeles County Recorder, and
the City Clerk shall attest to the signing thereof.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved, and adopted this day of
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
2013.
Mayor of the City of Arcadia
EXHIBIT "A"
CITY OF ARCADIA QUITCLAIM OF FUTURE STREET TO THE BENEFIT OF PARCEL 2.
IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, A QUITCLAIM OF
THAT CERTAIN VARIABLE WIDTH FUTURE STREET DEDICATED TO THE CITY OF ARCADIA, A BODY
CORPORATE AND POLITIC, OVER AND UNDER A PORTION OF PARCEL 2, AS SHOWN ON PARCEL
MAP NO. 16959, AS PER MAP FILED IN BOOK 180, PAGES 50 AND 51, INCLUSIVE, OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY REGISTRAR /RECORDER, OF SAID COUNTY, TO THE
BENEFIT OF PARCEL 2, OF SAID PARCEL MAP NO. 16959, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE
EASTERLY RIGHT OF WAY OF HOLLY AVENUE, 60 FEET WIDE, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE NORTH 0'59'20" WEST, ALONG SAID EASTERLY RIGHT OF WAY,
45.01 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 15.00 FFET; THENCE SOUTHERLY, SOUTHEASTERLY,
AND EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90° 02' 05 ", A DISTANCE
OF 23.57 FEET TO THE TERMINUS OF SAID CURVE; THENCE TANGENT TO SAID CURVE ON A LINE
PARALLEL TO THE SOUTH LINE OF SAID PARCEL 2, NORTH 88° 58' 35" EAST, A DISTANCE OF
184.99 FEET TO THE EAST LINE OF SAID PARCEL 2; THENCE SOUTH 0' 59' 20" EAST, ALONG THE
EAST LINE OF SAID PARCEL 2, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL 2; THENCE SOUTH 88° 58' 35" WEST, ALONG THE SOUTH LINE OF SAID PARCEL 2, A
DISTANCE OF 200.00 FEET, TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B ", AND BY THIS REFERENCE MADE A PART
HEREOF.
AREA OF SAID QUITCLAIMED FUTURE STREET = 6,048.45 SQUARE FEET, OR 0.139 ACRES, MORE
OR LESS.
G. EXP J � �
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NO. 7745 *`
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EXHIBIT "B"
QUITCLAIM OF FUTURE STREET BY THE CITY OF ARCADIA,
TO BENEFIT PARCEL 2.
NO SCALE
60'
30 ° 30'
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30' 30'
* = DENOTES P.M. NO. 16959, P.M.B. 180 - 50/51.
OA = INDICATES 5.00' WIDE EASEMENT FOR LANDSCAPING, SIDEWALKS,
AND PUBLIC UTILITIES TO BE QUITCLAIMED BY SEPARATE DOCUMENT.
RIGHT OF WAY CURVE DATA:
C1 DELTA = 90' 02' 05"
RADIUS = 15.00'
LENGTH = 23.57'
TANGENT = 15.01'
= DISTINCTIVE LINE INDICATES BOUNDARY OF
FUTURE STREET TO BE QUITCLAIMED AND ABANDONED.
N/W CORNER PARCEL 2*
N 88' 58' 35" E
N/E CORNER PARCEL 2*
200.00'
PARCEL 2, P.M. N0. 169599
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P.M.B. 180- 50/51.
N 89' 00' 40" E (R) A
5.00'
N Cl S 1- 01 ' 25" E _CR)—
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z Sri O FUTURE STREET BEING QUITCLAIMED
n AND ABANDONED.
N 88' 58' 35" E 200.00'
S/W CORNER PARCEL 2 *,
TRUE POINT OF BEGINNING. S/E CORNER PARCEL 2*
(T.P.O.B.)
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EXHIBIT "C"
CITY OF ARCADIA QUITCLAIM OF 5.00 FOOT WIDE EASEMENT TO THE BENEFIT OF PARCEL 2.
IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, A QUITCLAIM OF
THAT CERTAIN 5.00 FOOT WIDE FUTURE EASEMENT FOR PLANTING, LANDSCAPING, SIDEWALK
AND UTILITY PURPOSES DEDICATED TO THE CITY OF ARCADIA, A BODY CORPORATE AND
POLITIC, OVER AND UNDER A PORTION OF PARCEL 2, AS SHOWN ON PARCEL MAP NO. 16959,
AS PER MAP FILED IN BOOK 180, PAGES 50 AND 51, INCLUSIVE, OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY REGISTRAR /RECORDER, OF SAID COUNTY, TO THE BENEFIT OF PARCEL
2, OF SAID PARCEL MAP NO. 16959, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE
EASTERLY RIGHT OF WAY OF HOLLY AVENUE, 60 FEET WIDE; THENCE NORTH 0' 59' 20" WEST,
ALONG SAID EASTERLY RIGHT OF WAY, 45.01 FEET TO A POINT, SAID POINT BEING THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00
FEET, SAID CURVE RUNS ALONG THE NORTHEASTERLY CURVED LINE OF THE FUTURE STREET
SHOWN ON SAID PARCEL MAP NO. 16959; THENCE SOUTHERLY, SOUTHEASTERLY, AND
EASTERLY, ALONG SAID CURVE OF SAID FUTURE STREET, THROUGH A CENTRAL ANGLE OF 90°
02' 05 ", A DISTANCE OF 23.57 FEET TO THE TERMINUS OF SAID CURVE, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE ON A LINE PARALLEL TO THE
SOUTH LINE OF SAID PARCEL 2, SAID PARALLEL LINE BEING THE NORTH LINE OF SAID FUTURE
STREET, NORTH 88° 58' 35" EAST, A DISTANCE OF 184.99 FEET TO THE EAST LINE OF SAID
PARCEL 2; THENCE NORTH 0° 59' 20" WEST, ALONG THE EAST LINE OF SAID PARCEL 2, A
DISTANCE OF 5.00: THENCE SOUTH 880 58' 35" WEST, PARALLEL TO THE SOUTH LINE OF SAID
PARCEL 2, A DISTANCE OF 196.17 FEET TO THE TERMINUS POINT OF SAID PARALLEL LINE, SAID
POINT BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY, A
RADIUS OF 15.00', A RADIAL BEARING TO SAID POINT BEARS SOUTH 47° 09' 19" WEST, SAID
POINT BEING A POINT ON THE NORTHEASTERLY CURVED LINE OF SAID FUTURE STREET:
THENCE, SOUTHEASTERLY AND EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 48° 10'44-, A DISTANCE OF 12.61 FEET, TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO 1S A PLAT LABELED EXHIBIT "B ", AND BY THIS REFERENCE MADE A PART
HEREOF.
AREA OF SAID QUITCLAIMED EASEMENT = 963.68 SQUARE FEET, OR 0.022 ACRES, MORE OR
LESS.
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EXHIBIT "D"
QUITCLAIM OF EASEMENT BY THE CITY OF ARCADIA,
TO BENEFIT PARCEL 2.
* = DENOTES P.M. NO. 16959, P.M.B. 180 - 50/51.
O = INDICATES 5.00' WIDE EASEMENT FOR LANDSCAPING, SIDEWALKS,
AND PUBLIC UTILITIES TO BE QUITCLAIMED AND ABANDONED.
O = INDICATES FUTURE STREET TO BE QUITCLAIMED AND ABANDONED BY
SEPARATE DOCUMENT.
4 RIGHT OF WAY
CURVE DATA.
NO SCALE C1 RADIUS -
90
5.00' 05"
C2 DELTA =
RADIUS -48'
10' 44"
LENGTH
= 23.57'
LENGTH
= 12.61'
TANGENT
= 15.01'
TANGENT
6.71'
60'
30' 30'
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= DISTINCTIVE LINE INDICATES BOUNDARY OF
SAID EASEMENT TO BE QUITCLAIMED AND ABANDONED.
N/W CORNER PARCEL 2*
N88'58'35 "E
N/E CORNER PARCEL 2*
200.00'
i PARCEL 2, P.M. NO. 16959,
P.M.B. 180 - 50/51.
S 89' 00' 40" W (R)
3 S 47' 09' 19" W 01
N $8' 5
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$' 35" E 196.17'
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lrL11' .P.O.B.
01 =25" ESR)
N88'58'35 "E
S/W CORNER PARCEL 2 *.
(P.O.C.)
T.P.O.B. = TRUE POINT OF BEGINNING.
P.O.C. = POINT OF COMMENCMENT
5.00'—
184.99'
FUTURE STREET
200.00'
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S/E CORNER PARCEL 2*