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HomeMy Public PortalAbout23-134 - ACCEPTING OFFER OF DEDICATION OF CERTAIN REAL PROPERTY OWNED BY CARSON HARBOR VILLAGERESOLUTION NO. 23-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACCEPTING OFFER OF DEDICATION OF CERTAIN REAL PROPERTY OWNED BY CARSON HARBOR VILLAGE, LTD. TO THE CITY FOR PUBLIC STREET AND UTILITY PURPOSES WHEREAS, around 1978, Avalon Boulevard was widened, and while the right of way was expanded per specifications for most of Avalon Boulevard, there is a particular approximately 15-foot wide segment along the west side of the street just north of Victoria Avenue in the City of Carson where a proper dedication to the City of Carson (“City”) from then property owner was not obtained, likely inadvertently, even though such segment (“Subject Property”) has been used as a public right of way since 1978; and WHEREAS, now the current owner of the Subject Property, Carson Harbor Village, Ltd. (“Grantor”), and the City, seek to rectify the omission of not having the Subject Property dedicated to the City in 1978, by Grantor dedicating to City an easement to construct, maintain, operate, and repair a public right of way and utilities over, across, and under the Subject Property, in accordance with the Right of Way Dedication for Street and Utility Purposes (“Offer of Dedication”), an executed copy of which is attached hereto and incorporated herein by this reference as Exhibit “A”; and WHEREAS, Section 319 of the City Charter provides that any real property which is sold, dedicated, or transferred to City must be accepted by resolution of the City Council; and WHEREAS, under Section 7050 of the Government Code, any acceptance by City of any 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, must be accepted by the City Council; and WHEREAS, the City Council now sees fit to accept Grantor’s offer to dedicate the Subject Property as described in the Offer of Dedication. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby accepts Grantor’s offer to dedicate the Subject Property to City as and for the purposes described in the Offer of Dedication. SECTION 3. The City Manager, or designee, is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement City’s acceptance of Grantor’s offer to dedicate the Subject Property as described in the Offer of Dedication, to authorize recordation of the Offer of Dedication, and to administer the City’s obligations, responsibilities and duties in connection therewith. SECTION 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent 01005.0006/915059.1 01007/000 1/93715.1 jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. SECTION 6. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 19" day of September 2023. APPROVED AS TO FORM: CITY OF CARSON: Sunny K. ~Soltani, City Attorney Oy Davis-Holmes, Mayor Vil XK Dr. Khaleah K. Bradshaw, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON |, Dr. Knhaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 23-134 adopted by the City of Carson City Council at its meeting held on September 19, 2023, by the following vote: AYES: COUNCIL MEMBERS: Davis-Holmes, Hilton, Dear, Hicks, Rojas NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None + Broduhawe Dr. Kt K. Bradshaw, City Clerk RESOLUTION NO. 23-134 Page 2 of 4 01005.0006/915059.1 01007/0001/93715.1 EXHIBIT “A” OFFER OF DEDICATION RESOLUTION NO. 23-134 Page 3 of 4 01005.0006/915059.1 01007/0001/93715.1 Recording Requested By City of Carson When recorded, mail to: City Clerk’s Office 701 E. Carson Street Carson, CA 90745 Space above this line for Recorder’s use RIGHT OF WAY DEDICATION FOR Street And Utility Purposes FOR VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, Carson Harbor Village, Ltd. DO(ES) HEREBY DEDICATE TO THE CITY OF CARSON, CALIFORNIA, a Municipal Corporation, its successors and assigns, the right of way easement to construct, maintain, operate, repair, alter, replace, and remove a public right of way and utilities over, under, along and across the following described parcel of real property situated in the City of Carson, County of Los Angeles, State of California: As described in Exhibit “A” and depicted on Exhibit “B” attached hereto and made a part hereof. together with all necessary and convenient means of ingress and egress to and from said right-of-way or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the improvements, together with any and all of the purposes hereinbefore mentioned. TQ HAVE AND TO HOLD the above granted and described premises unto the CITY OF CARSON, CALIFORNIA, its successors and assigns forever. 18th IN WITNESS HERETO, the grantor(s) have hereunto set their hands and Seals this day of August , 20 23 CARSON HARBOR VILLAGE, LTD., a California limited partnership By: Carson Harbor General Partner, LLC, Search No Parcel a Delaware limited liability company, . Its general partner R- By: Goldstein Properties, Inc., a California corporation, Its manager py oat? F fll ot ob # James F. Goldstein, President Index Map Supervisorial District No. NOTE: Acknowledgment forms attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 | ) County of Los Angeles ) 49 On i Uev 5 % { , before me, Dy das MIaXt , a Notary Public, personally appeared 45 Lowers e - ONBST UN _, who 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. 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 , (Seal) uw | ges RACHEL MINTZ 66 “FS Notary Public - California i fe bors te 3 = “SES ea, ‘ ae tac Ar agies Coeniy on eLhabatee <0 oe 8 be he RAAGSICS wt ah é- we ya Sy a OGRA a BUe a Ys Commission # 2320594 == - iy Comm, expires May 11, 2024, RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION THE WEST 15 FEET OF THE EAST 55 FEET OF LOT 'A' OF TRACT NO. 3461 IN THE CITY OF CARSON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE 87 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION LYING NORTH OF THAT SOUTH LINE DESCRIBED AS. ‘NORTH 89°58'05" EAST 75.00 FEET' IN THE DEED RECORDED ON NOVEMBER 18, 1986 OF INSTRUMENT NO. 86-1595758 OF OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THAT PORTION LYING SOUTH OF THAT NORTH LINE DESCRIBED AS, 'SOUTH 89°59'25" WEST 15.00 FEET' DESCRIBED WITHIN PARCEL 24-14 IN THE DEED RECORDED ON NOVEMBER 15, 1971 OF INSTRUMENT NO. 1999 OF OFFICIAL RECORDS OF SAID COUNTY. PREPARED BY: P.A. ARCA ENGINEERING, INC. OWNER INFORMATION EXHIBIT "A" CONTACT NAME: Perfecto A. Arca, PE NAME: Carson Harbor Village, Ltd. ADDRESS: 500 £—. Carson Plaza Dr., Ste. 2017 ADDRESS: 430 S. San Dimas Ave. City STATE ZIP: PHONE: Carson, CA 90746 (310)768-3828 CITY STATE 2iP: PHONE: San Dimas, CA 91773 SITE ADDRESS: 17701 AVALON BOULEVARD NONE CARSON, CA 90746 1 OF 2 RIGHT-OF-WAY DEDICATION E R T O N I S T R EE T A L B E R T O N , TS ee eee ’ B O U L E V A R D -.. 75° j Ne 1 S TREETROW, f - 05" r e cecnen | cc s 1 STREE T R.O.W. X Q S T R EE T R.G W . L O T "A " a E TR A C T N O . 3 46 1 [\\ a'S M .B , 3 8 /8 7 & » | SS 15' S N g \N < \ EXISTING STREET R.O,.W. EXISTING - 7S + STREET R.O.W. 3 : v i c T O R IA ¢__ AV E NU E | — E XI ST IN G A RE A: ALBERTON) STREET Vy | ~ PROPOSED STREET RIGHT-OF-WAY ADDITION QevAa N o s 15° WIDE STREET DEDICATION 3,112,971.57 SF. PROPOSED AREA; smorosen 5,094,558.55 SF. L o ae | AVALON PARCEL MAP NO. 67049, M.B. RM-8—-D VICTORIA AVENUE 574/50-58 PREPARED BY: i P.A. ARCA ENGINEERING, INC. OWNER INFORMATION EXHIBIT "B" CONTACT NAME: NAME: SITE ADDRESS: SCALE: Perfecto A, Arca, PE Carson Horbor Village, Ltd, 1"=60" ADDRESS: ADDRESS: 17701 AVALON BOULEVARD = 500 E. Carson Plaza Dr., Ste. 201 430 S. San Dimas Ave. CARSON, CA 90746 City STATE ZIP: Powe City STATE ZIP: PHONE: 2 OF 2 Carson, CA 90746 (310)768-3828 | San Dimas, CA 91773 | CERTIFICATE OF ACCEPTANCE PURSUANT TO SECTION 27281 OF THE CALIFORNIA GOVERNMENT CODE This is to certify that the interest in real property conveyed by the Right of Way Dedication to which this Certificate of Acceptance is attached, from Carson Harbor Village, Ltd to the City of Carson (“Grantee’’), is hereby accepted by the undersigned officer on behalf of Grantee, and Grantee consents to recordation thereof by its duly authorized officer. “GRANTEE” CITY OF CARSON, a municipal corporation Omen David C. Roberts, Jr., City M Date: Ock\exr 23 , 2023