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HomeMy WebLinkAboutItem 1e - Resolution No. 7053 Quitclaim 2232 Holly Avenue�� � GPL1POft1�*Iq"j,� f -r a 1--poe via Flu goat 5, 1— 42u'tt STAFF REPORT Development Services Department DATE: November 18, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Philip A. Wray, Deputy Director of Development Services SUBJECT: RESOLUTION NO. 7053 APPROVING THE QUITCLAIM OF OFFERS OF DEDICATION AND EASEMENT FOR A FUTURE STREET DIRECTLY SOUTH OF 2232 HOLLY AVENUE Recommendation: Adopt SUMMARY In March of 1972, the City received an irrevocable offer of dedication and an irrevocable offer of easement for public street purposes over the north 30 -feet of an undeveloped parcel, located directly south of 2232 Holly Avenue. The offers were made to create the south half of a "Future Street" extending easterly from Holly Avenue and offset slightly to the south of the "T" intersection of Rosemarie Drive and Holly Avenue. (See graphics attached to the staff report) The offers were never accepted by the City. The property owners of the subject property on Holly Avenue have made a formal request to the City to quitclaim the offers of the Future Street and 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. The offers are now 42 years old and the Civil Code conditions are satisfied. The City has no intended use for the Future Street and, therefore, it is recommended that the City Council adopt Resolution No. 7053. BACKGROUND As land was subdivided and developed in the 1970's, there was an apparent plan to extend a street east of Holly Avenue, in the vicinity of Rosemarie Drive, to allow for future subdivisions. In March of 1972, the City received an irrevocable offer of dedication for street purposes and an irrevocable offer of easement for street purposes along the north edge of what was then a large lot on the northeast corner of Holly Avenue and Palm Drive. Combined, these offers make up a standard 30 -foot wide half- street. These offers constituted the south half of a "Future Street" as described above, which spanned the property line between the subject undeveloped parcel and the property to the north (now 2232 Holly Avenue). Approximately 13 years Resolution 7053 approving Quitclaim of offers of dedication (2232 Holly Avenue) November 18, 2014 Page 2 of 3 after the offers were made, the City Council approved Parcel Map No. 16959 to divide one lot into two at 2230 and 2232 Holly Avenue. At that time, a dedication for the north half of the "Future Street" was irrevocably offered to the City over the south 30 -feet of 2232 Holly Avenue as a part of the Parcel Map. This resulted in irrevocable offers of dedication for a standard full width street for the first 100 -feet east of Holly Avenue. The City did not accept the 1972 or 1985 offers of dedications and easements; since that time, there has been no interest in pursuing additional subdivisions or street dedications to the east. In 2013, the property owner at 2232 Holly Avenue requested the City to quitclaim the 1985 offers of dedication and easement for the north half of the "Future Street ". The State of California, Code of Civil Procedure, Sections 771.010- 771.020, provide that when an offer of dedication is not acted on for a period of 25 years, a conclusive presumption is made that the dedication will not be accepted if certain conditions are met. Those 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. Since 28 years had passed since the 1985 offers with no acceptance by the City, the City Council adopted Resolution 6993 on October 15, 2013, approving the quitclaim of the offer of dedication for the "Future Street" and easement for planting, sidewalk, and utility purposes on Parcel Map No. 16959. DISCUSSION Now that the offers of dedication and easement have been quitclaimed for the north half of the "Future Street" at 2232 Holly Avenue, the property owner of the undeveloped parcel to the south has similarly requested that the City quitclaim the irrevocable offers of dedication and easement for the remaining south portion of the "Future Street ". It is apparent that the land offered for the "Future Street" has never been used for street purposes. The "Future Street" is not part of the City's Arterial and Collector Street network and is not necessary for access. On October 28, 2014, the Arcadia Planning Commission made a finding of consistency with the General Plan to eliminate the street. Applying the provisions of the Code of Civil Procedure above, these offers meet the conditions to be deemed not necessary for future use. Since the street dedication and easement were never formally accepted, the most appropriate document to clear the title is a quitclaim deed. Resolution No. 7053 provides the direction for approving the quitclaim deed. Resolution 7053 approving Quitclaim of offers of dedication (2232 Holly Avenue) November 18, 2014 Page 3 of 3 ENVIRONMENTAL DETERMINATION This action does not require an environmental determination, as it is not considered a project under the California Environmental Quality Act, Section 15304(e). FISCAL IMPACT There is no fiscal impact on the City as a result of this action. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7053 approving the quitclaim of offers of dedication and easement for a future street directly south of 2232 Holly Avenue. Approved- Domirk Lanza City Manager Attachments: Resolution No. 7053 Aerial Photo Assessor's Map RESOLUTION NO. 7053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING THE QUITCLAIM OF OFFERS OF DEDICATION AND EASEMENT FOR A FUTURE STREET DIRECTLY SOUTH OF 2232 HOLLY AVENUE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. On March 23, 1972 the City of Arcadia received offers of a dedication and an easement for street purposes along the north edge of what was then a large lot at the northeast corner of Holly Avenue and Palm Drive. The offers constituted the south half of a "Future Street" that would extend eastward from Holly Avenue and be offset slightly to the south of the intersection of Rosemarie Drive on the west side of Holly Avenue. The Easement is more particularly described and shown in Exhibit "A" and Exhibit "B" attached hereto, and the Street Dedication is more particularly described and shown in Exhibit "C" and "D" attached hereto. SECTION 2. Parcel Map No. 16959, recorded on August 15, 1985, subdivided the lot directly north of the lot described in Section 1, into two lots addressed as 2230 and 2232 Holly Avenue. The Parcel map included an offer of dedication for street purposes and an offer of easement for planting, sidewalk, and utility purposes along the south boundary of the map, at 2232 Holly Avenue, creating the north half of the "Future Street" to match the dedication and the easement as described in Section 1. The City did not accept the offers of dedication and easement. SECTION 3. On October 15, 2013, at the request of the property owner of 2232 Holly Avenue, the City of Arcadia quitclaimed the offers of dedication and easement made by Parcel Map No. 16959. 1 SECTION 4. The City has received a request from the property owner of the undeveloped parcel located directly south of 2232 Holly Avenue to quitclaim the offers of dedication and easement for the south half of the "Future Street" as described in Section 1. SECTION 5. Pursuant to Government Code 65402 (a), the Planning Commission of the City of Arcadia, during its regular meeting on October 28, 2014 determined that the proposed quitclaim of the Street Dedication is consistent with the General Plan of the City of Arcadia. SECTION 6. Pursuant to the State of California, Code of Civil Procedure, section 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. SECTION 7. The City Manager shall sign and the City Clerk shall attest to the signing of the quitclaim document, and the City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy of the Resolution and the Quitclaim document thereof to be recorded in the Office of the County Recorder of Los Angeles County. [SIGNATURES ON THE NEXT PAGE] I Passed, approved, and adopted this day of 2014. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: P, Step P. Deitsch City Attorney EXHIBIT A LEGAL DESCRIPTION FOR QUITCLAIM OF 10 FOOT WIDE EASEMENT TO THE BENEFIT OF PARCEL B THE EASEMENT RECORDED MARCH 23, 1972 AS INSTRUMENT NO. 3574, OF OFFICIAL RECORDS, TO BE QUITCLAIMED, DESCRIBED AS FOLLOWS: THE SQU'rHFRLY 10.00 FEET OF THE NORTHERLY 30 FEET OF LOT 21 OF TRACT NO. 12916, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 243, PAGE 42 OF MAPS, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AREA OF SAID QUITCLAIMED EASEMENT IS APPROXIMATELY 953 SUARE FEET. SHEET 1 OF 4 SCALE 1"=50' l'%TyxTio Trn 1D i IN THE CITY OF ARCADfA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA EASEMENT OF CITY OF ARCADIA FOR PUBLIC # TRACT NO. 12916, M.B. 243 -42 STREET PURPOSES RECORDED 03/23/1972 AS INSTRUMENT NO. 3574, O.R. TO BE QUITCLAIMED. CURVE TABLE ® FUTURE STREET FOR PUBLIC RECORDED 03/23/1972 CURVE RADIUS LENGTH DELTA AS INSTRUMENT NO. 3575, O.R. TO BE QUITCLAIMED. Cl 15.00 23.55 89'57 37 W Z W a r i J AE 3 o I�g 30' N + �i 0111111, NWLY COR. NE'LY COR. LOT 21+ r 21+ 588.58`35 "W 10D D0` PARCEL B VACANT LAND w ARCADIA, CA APN 5787 -006 -030 Z M 6b' g w 30' 30' N CD o� Z 1 588'58'35'W PALM DRIVE SHEET 2 OF 4 EXHIBIT C LEGAL DESCRIPTION FOR QUITCLAIM OF FUTURE 'STREET TO THE BENEFIT OF PARCEL B THE FUTURE STREET DEDICATION RECORDED MARCH 23, 1972 AS INSTRUMENT NO. 3575, OF OFFICIAL RECORD, TO BE QUITCLAIMED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 21, TRACT NO. 12915, AS PER MAP RECORDED IN BOOK 243, PAGE 42 OF MAPS, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 21 TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTHERLY 20 FEET ALONG THE EASTERLY LINE OF SAID LOT; THENCE WESTERLY 85 FEET, MORE OR LESS, ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID LOT TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15 FEET, AND BEING TANGENT AT ITS SOUTHERLY TERMINUS WITH THE WESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY ALONG SAID CURVE TO ITS TERMINUS; THENCE NORTHERLY ALONG SAID WESTERLY LINE 40 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AREA OF SAID QUITCLAIMED EASEMENT IS APPROXIMATELY 2048 SQUARE FEET. SHEET 3 OF 4 " SCALE 1 " =50' EXHIBIT D IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA CASEMENT OF CITY OF ARCADIA FOR PUBLIC *TRACT NO 12916, M.B. 243 -42 STREET PURPOSES RECORDED 03/23/1972 AS INSTRUMENT NO. 3574, O.R. TO BE QUITCLAIMED. FUTURE STREET FOR PUBLIC RECORDED 03/23/1972 CURVE TABLE AS INSTRUMENT NO. 3575, O.R. TO BE QUITCLAIMED. CURVE RAD • 30' 30' 0 0 N a �i .>06 �Q JJ R .PALM DRIVE SHEET 2 OF 4 IUS LENGTH DELTA C1 15.00 1 23.55 89'5737 • 30' 30' 0 0 N a �i .>06 �Q JJ R .PALM DRIVE SHEET 2 OF 4 R La NWLY COR. NE'LY COR. a OT 21* 21* 3 rOT �, ...- s88�5g�35•w 100,00 — r 3 ©,00' 30' 30' �o CD �I • 60' S88*58'35•rw 100.00 • PARCEL B o VACANT LAND ARCADIA, CA APN 5787- 006 -030 s 0 I - x • 30' 30' 0 0 N a �i .>06 �Q JJ R .PALM DRIVE SHEET 2 OF 4 L' a ■ ' i e 1 Site Address: Property Owner(s): Southland Real Estate LLC Property Characteristics Zoning: General Plan: Lot Area (sq ft): Main Structure / Unit (sq. ft.): Year Built: Number of Units: Parking Overlay: n/a Downtown Overlay: n/a Special Height Overlay: n/a Architectural Design Overlay: n/a Attachment No. 1 - Aerial Photo Parcel location within City of Arcadia" This map is a user generated static output from an Internet mapping site and is for Report generated 23 -Oct -2014 reference only. Data layers that appear on this map may or may not be accurate, current, Page 1 of 1 or otherwise reliable. 5787 1 6 SCALE I" — 100' 1, Attachment No. 2 - Assessor's Map MLYIJCV 69!029211 720405062 720703/[.3 730302210 76o2p 7M,99//03 03 79031S to t 0 aNS /nisniB-R6 � A 0 �. Nor 2 n .97OP.1/ UJI roc 9B ���,• `� a Twee c 20 AVE. t, is ,c9r6o•+ �p n Iz w IS /02 s9 x.30 �a 13 12 Ii & 1 22 lJ,ess° Pav 0 /OO.B! 78.I Z1.69 /00 O h /OO JO@ = too _04Z761 60 h� 1 �Mt 8 /6 E94�50' °' /7 27,d90ts /8 h 869/0i° /9 PO 2/ $ 31 Fj f3 tt 2a ��. 7.999 ``°. n ° 31 32 i i 2@0 ° 25 ro 26 a 27 28 29 30 N i� PALM DRS N Iz �- w 14 OW �:y 236 0 TRACT NO. 12630 PARCEL MAP °�°3 1887 9182 s °PM, 180 -50 -51 M.B. 238 -42 -43 P.M. 37 -18 Q e K°z m PARCEL_ 'MAP FOR PREY. ASSM T. SEE: 371 -24 & 25 M.B. 243-42 +P, M. 73 -49 dSSESSOR`S MAP COUNTY OF LOS ANGELES, CALIF. ROSEMARIE - -_— � DR. _ pp T IBI.99 M h q .Or ,. M R� 40 _/0 to t 0 2 n c 20 is is 17 w IS �5 �a 13 12 Ii & 1 0 4 O h = o h 60 h� ��. 7.999 /00 n n i i „ u /00 5.98 °58 35 °lY i� PALM DRS Iz �- w CORE PARCEL MAP TRACT NO. 12630 PARCEL MAP °�°3 1887 9182 s °PM, 180 -50 -51 M.B. 238 -42 -43 P.M. 37 -18 Q TRACT NO 12916 PARCEL_ 'MAP FOR PREY. ASSM T. SEE: 371 -24 & 25 M.B. 243-42 +P, M. 73 -49 dSSESSOR`S MAP COUNTY OF LOS ANGELES, CALIF.