HomeMy WebLinkAboutD-1 Staff Report - Acceptance of Dedication of ParklandSCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, PE, DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
DATE: FEBRUARY 18, 2025
SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING ACCEPTANCE OF AN OFFER OF
DEDICATION AND FEE SIMPLE TITLE OWNERSHIP OF PARKLAND SHOWN AS
LOT 24 OF TRACT MAP NO. 083344 GENERALLY LOCATED ADJACENT TO THE
INTERSECTION OF ROSEDALE AVENUE AND MONROVIA PLACE
BACKGROUND:
On March 23, 2022, the Planning Commission approved Resolution No. 2022-PC04 for the approval of a
minor modification to the Monrovia Nursery Specific Plan and Tentative Tract Map 083344 and
Resolution No. 2022-PC05 for the design review to construct a community park project. The minor
modification consisted of replacing the school site with a park and the previously approved park site with
23 residential units. Since both park and residential uses were approved land uses in the Monrovia Nursery
Specific Plan, and the proposed design was consistent with the Environmental Impact Report certified on
February 3, 2003 (SCH# 2002071046), City staff determined that there are no substantial or fundamental
changes in land use. Tentative Tract Map 083344 intended to designate Lot 24 as a public park.
On June 19, 2023 the City Council of the City of Azusa approved Tract Map No. 083344 for the
subdivision of 24 numbered lots and 6 letter lots. The Owner was Rosedale Land Partners II, a Delaware
Limited Liability Company. The Tract Map was found to be in substantial conformance with the Tentative
Tract Map approved in Resolution No. 2022-PC04 and intended to designate Lot 24 as a public park for
recreational purposes. The City Council authorized the City Clerk to endorse on the face of the map the
certificates that embody the approval of said map and acceptance of any grants, easements and dedications.
However, because the park improvements had not been completed when the Tract Map was approved, the
City Clerk did not accept the offer of dedication of Lot 24. City staff in coordination with the Owner
agreed that the City would accept the offer of dedication of Lot 24 once the park improvements were
completed.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
Approved
City Council
February 18, 2025
Acceptance of Dedication of Parkland
February 18, 2025
Page 2 of 3
1) Adopt Resolution No. 2025-C07 titled:
APPROVAL OF A RESOLUTION AUTHORIZING ACCEPTANCE OF AN OFFER OF
DEDICATION AND FEE SIMPLE TITLE OWNERSHIP OF PARKLAND SHOWN AS
LOT 24 OF TRACT MAP NO. 083344 GENERALLY LOCATED ADJACENT TO THE
INTERSECTION OF ROSEDALE AVENUE AND MONROVIA PLACE;
2)Authorize the City Clerk to execute the Certificate of Acceptance of Offer of Dedication and
Acceptance of Fee Simple Title Ownership of Parkland, as included in the resolution, and record
the necessary documents to evidence the acceptance of the Offer of Dedication of Lot 24; and
3)Authorize the Mayor and City Manager to approve, accept, and execute on behalf of the City such
documents and instruments necessary to effectuate the acceptance of the Offer of Dedication of
Lot 24.
ANALYSIS:
City staff have found the park improvements to be in substantial completion and recommend acceptance
of the improvements and acceptance of the Offer of Dedication of Lot 24. In conformance with
Government Code 7050 and Government Code Section 66477.2(b), the offer of dedication for park and
recreational purposes may be accepted at any time. Consequently, in accordance Government Code
section 7050 and Government Code Section 66477.3, a resolution of acceptance by the legislative body
needs to be recorded.
The recommended actions would rescind the rejection of the Offer of Dedication of Lot 24, accept the
Offer of Dedication and accept “In Fee Simple” title ownership, approve a resolution and a Certificate of
Acceptance, authorize the City Clerk to execute and record the Certificate of Acceptance, and authorize
the Mayor and City Manager to approve, accept and execute on behalf of the City all documents required
to accept the Offer the Dedication of Lot 24. The recommended actions would complete the necessary
steps to accept the Offer of Dedication in compliance with Government Code Section 7050 and
Government Code Section 66477.
California Environmental Quality Act (CEQA):
Compliance with the California Environmental Quality Act occurred with the Certification of an
Environmental Impact Report on February 3, 2003 (SCH#2002071046) as part of the original approval of
the Monrovia Nursery Specific Plan.
FISCAL IMPACT:
Upon acceptance of the Park, the City will record the land in the General Fund at the acquisition value
(the amount Rosedale Land Partners spent developing the park). To date, Rosedale Land Partners has
submitted $6,910,512.88 in reimbursement requests from the $7,000,000 in Community Facilities District
(CFD) bond funds set aside for the Park. With the interest accumulated on the CFD bond funds overtime,
$733,047.84 is the remaining balance. The City expects to receive project ending punch list invoices, but
does not have an estimate of those invoices yet. In addition to the CFD bond funds, the City Council
Acceptance of Dedication of Parkland
February 18, 2025
Page 3 of 3
authorized $1,800,000 in General Fund funding for the construction of the Park. No General Fund funds
have been spent to date.
Prepared by: Reviewed by:
Miguel Cabanas, P.E. Robert Delgadillo, P.E.
Principal Civil Engineer Director of Public Works / City Engineer
Reviewed and Approved by:
Sergio Gonzalez
City Manager
Attachments:
1) Resolution 2025-C07
RESOLUTION NO. 2025-C07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AUTHORIZING ACCEPTANCE OF AN OFFER OF DEDICATION
AND FEE SIMPLE TITLE OWNERSHIP OF PARKLAND SHOWN AS
LOT 24 OF TRACT MAP NO. 083344
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, Rosedale Land Partners II, LLC a Delaware Limited Liability Company,
hereinafter referred to as the “Owner” has executed Final Tract Map No. 083344, recorded in Map
Book 1441, pages 51 through 56 inclusive, of maps, in the office of the Registrar-Recorder/County
Clerk of Los Angeles County; and
WHEREAS, the City of Azusa is the recipient of an offer of dedication of Lot 24 of
Tract Map No. 083344, hereinafter referred to as the “Offer”; and
WHEREAS, the “Owner” has consented to dedicate the “Offer” in fee simple title
ownership as described in Exhibit “A” and depicted in Exhibit “B”; and
WHEREAS, the City of Azusa rejected the “Offer” at the time Tract Map No. 083344
was recorded because the park improvements had not been constructed; and
WHEREAS, pursuant to California Government Code, Section 7050 provides that with
the consent of the City, an irrevocable offer of dedication of real property for any public purpose,
including, but not limited to, streets, highways, paths, alleys, including access rights and
abutter’s rights, drainage, open space, public utility or other public easements, parks, or other
public places, may be made and “such offer of dedication shall be executed, acknowledged, and
recorded in the same manner as a conveyance of real property. Such offer of dedication, when
recorded in the office of the county recorder, shall be irrevocable and may be accepted at any
time by the City Council of the City within which such real property is located at the time of
acceptance; and
WHEREAS, the acceptance of the “Offer” is necessary for park and recreational purposes
as outlined in the approved Monrovia Nursery Specific Plan; and
WHEREAS, on March 23, 2022, the Planning Commission approved Resolution No.
2022-PC05 and found that the acceptance of the “Offer” is in conformance with the City of Azusa
Monrovia Nursery Specific Plan; and
WHEREAS, the “Offer” is in conformance with Government Code Section 66477; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that all the facts set forth in the Recitals of this
resolution are true and correct.
SECTION 2. The City Council rescinds its rejection and accepts the dedication of the
“Offer” in accordance with the provisions of Government Code Section 7050 and Government
Code Section 66477.2.
SECTION 3. Pursuant to Government Code Section 7050, Government Code Section
66477.3, and the attached “Certificate of Acceptance of Offer of Dedication and Acceptance of
Fee Simple Title Ownership of Parkland”, hereinafter referred to as “Exhibit C”, the effective date
of the “Offer” shall be the filling date of this resolution in the office of the county recorder office.
SECTION 4. The Mayor and City Manager are hereby authorized to execute any
additional documents necessary to consummate the transfer of the property described in
accordance with the intent of this Resolution.
SECTION 5. The City Clerk is hereby authorized to execute “Exhibit C” and directed to
record the necessary documents to evidence the acceptance of the “Offer”.
SECTION 6. Environmental Review. The City Council has reviewed the “Offer” and
based upon the whole record before it, in the exercise of its independent judgment and analysis,
concurs that City staff has correctly concluded that it can be seen with certainty that there is no
possibility the “Offer” may have a significant effect on the environment, because acceptance of
the “Offer” will not in and of itself cause any change in the environment, and therefore no further
action is required under CEQA. The custodian of records for all materials that constitute the
record of proceeding upon which this decision is based is the City Clerk. Those documents are
available for public review in the City Clerk’s office located at 213 E. Foothill Boulevard,
Azusa, California 91702.
PASSED, APPROVED and ADOPTED this 18th day of February, 2025.
__________________________________
Robert Gonzales
Mayor
ATTEST:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2025-C07 was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof, held on the 18th day of February
2025, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
__________________________________
Best Best & Krieger, LLP
City Attorney
1
EXHIBIT “A”
Legal Description of Property
LOT 24 OF TRACT NO. 083344, IN THE CITY OF AZUSA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
1441, PAGES 51 THROUGH 56, INCLUSIVE, OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT "B"
PAGE 1 OF 2
EXHIBIT "B"
PAGE 2 OF 2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Azusa
213 E. Foothill Blvd
Azusa, CA 91702
______________________________________________________________________________
Exempt from Recording Fees Per Govt. Code §27383
Exempt from Documentary Transfer Tax per Calif. Rev. & Tax. Code §11922
CERTIFICATE OF ACCEPTANCE OF
OFFER OF DEDICATION AND ACCEPTANCE
OF FEE SIMPLE TITLE OWNERSHIP OF PARKLAND
This Certificate of Acceptance pertains to interest in that certain real property described
as follows:
LOT 24 OF TRACT NO. 083344, IN THE CITY OF AZUSA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 1441, PAGES 51 THROUGH 56, INCLUSIVE, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY (“Property”).
On the map for said Tract No. 083344, pursuant to Government Code Section 66477, the
Property was offered for dedication, in fee simple, to the City of Azusa for park and recreational
purposes.
This is to certify that the interest in the “Property” conveyed by the Offer of Dedication
on Tract Map No. 083344 is hereby accepted by the undersigned, City Clerk, on behalf of the
City of Azusa, pursuant to the authority conferred by Resolution No. 2025-C07 of the City
Council of the City of Azusa adopted on the 18th day of February 2025.
Dated: ________________________ _______________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
City of Azusa, California
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this _____ day of______________, 2025 before me, _________________________,
notary public, personally appeared Jeffrey Lawrence Cornejo Jr., personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
__________________________________________
Signature of Notary Public
ATTACHED TO: CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION AND
ACCEPTANCE OF FEE SIMPLE TITLE OWNERSHIP OF
PARKLAND