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HomeMy WebLinkAbout13. Adopt Reso-Approving Tract Map No. 74254 - 7940 Telegraph RoadR 0, V A CITY 14ANAGER TO: HONORABLE MAYOR ASHTON AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY. MOHAMMAD MOSTAHKAMI, P.E., DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 13, 2018 SUBJECT: APPROVAL OF TRACT MAP NO. 74254 7940 TELEGRAPH ROAD That the City Council adopt the following - 1 N 1 11141LIK61=1121t• •1=11m, 1:W4111 WdK*I= Bi .. • • On May 19, 2017, the applicant submitted an application for an amendment to Final Tract Map No. 74254 for the development located at 7940 Telegraph Road, which was approved by the Planning Commission on December 7, 2016 and approved by the City Council on February 14, 2017. The amendment involved changing the development from condominiums to townhomes. A condominium development allows ownership of air space, while a townhome development allows ownership of the land underneath each unit. The amended map also created a lot, which will contain common areas, such as the driveways, landscape areas, walkways, and recreation areas. The proposed amendment to the Final Tract Map did not affect the site layout or architectural design of the project as approved by the Planning Commission. The applicant is requesting to amend the map, as he has indicated that it is much easier to sell townhomes than condominiums On December 6, 2017, the Planning Commission considered the amended tract map and adopted a minute action recommending City Council approval of Final Tract Map No. 74254. The map has been checked and found to be technically correct, in conformance with the approved tentative subdivision map and in compliance with local codes and regulations. When the Planning Commission approved the Final Tract Map 74254, at the same meeting the Planning Commission also approved the abandonment portion of the future alley as shown on the tract map. The future alley has been impassible for vehicular travel for many years. No public money has been expended for the maintenance of the unimproved alley during that time. The City Planning Commission has reported that the abandonment is in conformity with the City's adopted General Plan. Staff does not anticipate a need for the future improvement of the alley, but prior to recordation of the final map, an easement for the preservation and /or relocation of utilities will be required. Therefore, with the amendment of the Final Tract Map, the agreement for the abandonment of the future alley would have to transfer over to the amended Final Tract Map. APPROVE TRACT MAP NO. 74254 FEBRUARY 13, 2018 Attached is a Resolution of the City Council approving Tract Map No. 74254 and an agreement with the developer for construction of subdivision public improvements and abandonment portion of future alley pursuant to Section 66434(g) of the Subdivision Map Act. Staff recommends adoption of the attached Resolution. FISCAL IMPACT There is no fiscal impact. Attachments: • Attachment "A" - Resolution - Exhibit "A" - Tract No. Map 74254 - Exhibit "B" - Agreement For Construction of Subdivision Public Improvements Exhibit "C' - Subdivision Improvement Performance Bond • Attachment "B" Public improvement Construction Cost Estimate • Attachment "C" - City Council Memo dated 02-14-2017 • Attachment "D Planning Commission Memo dated 12-14-2017 • Attachment "E "Future alley" abandonment request letter • Attachment "F" - Location map N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING TRACT MAP O. 74254 AND AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS AND ABANDONMENT PORTION OF FUTURE ALLEY WHEREAS, on July 19, 2017, the Planning Commission approved an amendment to Tract Map No. 74254 attached here in as Exhibit "A" . WHEREAS, on December 6, 2017, the Planning Commission considered Tract Map No. 74254 and adopted a minute action recommending City Council approval of said map, and WHEREAS, a proposed required subdivision agreement (Exhibit "B") between the City and the developer of said property for the construction of certain public improvements has been submitted to the City for approval and execution, and WHEREAS, said agreement includes a required performance bond (Exhibit "C") as surety for faithful performance of the terms of the agreement, and WHEREAS, the City Council of the City of Downey upon recommendation of the Planning Commission finds that the abandonment of said portion of "future alley" described herein services the public benefit, and WHEREAS, adjoining property owner has requested that the public right-of-way be abandoned. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Tract Map No. 74254 is hereby approved and; SECTION 2. That the agreement for Construction of Subdivision Improvements associated with Tract Map No. 74254 is hereby approved and that the Mayor is hereby authorized to execute the agreement between the City and the developer in a form approved by City Attorney and; SECTION 3. That the subdivision improvement performance bond is hereby accepted and; SECTION 4. The public right-of-way being abandoned is described as follows: THAT PORTION OF 20.00 -FOOT WIDE FUTURE ALLEY SHOWN ON THE MAP OF TRACT NO. 16032, LOT 82, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 354, PAGES 19 AND 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OD SAID COUNTY. Furthermore, pursuant to the California Street and Highway Code No. 8346 and said aforementioned area is fully reserved as an easement for public utilities providing the rights necessary to use, maintain, operate, repair, replace, remove, or renew said facilities. SECTION 5. The City Council hereby orders the abandonment portion of "future alley" and authorizes the City Manager to execute documents pertaining to alley abandonment pursuant to Section 66434(g) of the subdivision map act, and Streets and Highway code that portion of the "future alley" lying within the boundary of this map and which offer of dedication was accepted by the city of Downey Resolution No� 1586 recorded July 14� 1965, as instrument No. 3024 in Book D2976 page 35 of Official Records, not shown on the map. � 1111111 iiii1pylerili I mi I � I I I g� I I I 111111� I I I III I I APPROVED AND ADOPTED this day of SEAN ASHTON, Mayor I I IT, LAI :4 1114 L41 F-112 PINUA 3 1 1& LOX4 fl I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the day of 2018, by the following vote, to wit: 2611 KOT97AM I II 39 NUMBERED LOTS 1 LETTERED LOT 72,409 SO FT. TRACT NO. 74254 IN THE CITY OF DOWNEY COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 82 OF TRACT NO, 16032, TOGETHER WITH THAT PORTION OF SAID LOT DESIGNATED AS "FUTURE ALLEY", AS PER MAP RECORDED IN BOOK 354, PAGES 19 AND 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR PLANNED UNIT DEVELOPMENT PURPOSES OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBMISSION SHOWN ON THIS MAP WTHIN THE DISTINCTIVE BORD:R LINES, AND WE CONSENT TO THE PREPARATION AND H, ING OF SAID MAP AND SUBDIVISION, FI­TIV­MAKIm.yXcr Telegraph, LP., A O.I.w*r* J"M L'I"y company, egqA_rVe4R TITLE TITLE 6 NOTARY ACKNOWLEDGEMENT FANii- _6W_6� _C&PUE - �7 _WR T YW'666' ME OFITC5 A ITILS C_F�FIFICA E VERIFIES ONLY THE IDENTITY OF" THE INDGADUAI WHO SIGNED THE DOCUMENT OCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO I THE YXIEFIR HE FULUPSS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COCN`Ny ON ME, OIARY 1&111� Abbm 7F1 wo PROVIX) TO WE ON 1711-. BAS IiAR.ACT.11 F�WDETC� TO BE THE PERSONS WHOSE NAMES ARE SUBCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAI BY THEIR SIGNATURES ONTHE INSTRUMENT, THE PERSONS OR THE ENTIY UPON BEHALF WHICH THE PERSONS 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 SIGNATURE e�" T NAME OF N T COUNTY IN WHICH MATS1111ON N` AE_ COMMISSION DATE COMMISNPIRES 41 COMMISSION NUMBER 0 SA,5106--s PACIFIC ALLIANCE EANTRA, IBIUREILGAPQ` UNDER A DEED OF TRUST RECORDED MAY,D[t- Af) AS INSTRUMENT NO 20170521463, OFFICIAL RECORDS=. "Aw L,4 NOTARY ACKNOWLEDGEMENT A NOTARY 6 OR &iNi -R 6FFICER COMPLETING TH s aRDF CKGvTl VERIFIES ONLY THE IDENTIFY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUME STATE OF CALIFORNIA COUNTY OF LEE ANGELES NO DREFORIC w_:Ak_y6,t__No,ARY t A, C'MAXNALLY AROCAIREB, _4 ohiMf goga MCI B�_P - WHO PROVED TO ME ON ME BASIS OF SATISFACTORY EVIDENCE -76'BE THE PERSONS WHOSE NAMES ARE SUISCRISED TO THE CLAININSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT, THE PERSONS OR THE ENTITY UPON BEHALF WHICH THE PERSONS 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 ..SIGNATURE BE NAM OF A u DATE -CG MINA IWS S� �,i M COMMISSION SCION NUMI I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY: - DEPUTY DATE I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $ HAS SEEN FILED NTH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OFTHE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAMES _ A AND SPECIAL ASSESSMENTS COU-ECTED AS TAXES ON THE LAOS COGAN ON MAP OF TRACT NO 74254 AS REQUIRED BY LAW. EXECUTIVE OFFICER, BOARD OF S PERVISOAS 07 THECOUNTYOF LOS ANGELES, STATE OF CALIFORNIA BY: DEPUTY DATE SHEET I OF 3 SHEETS SURVEYORS STATEMENT THIS NAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND ,BASED UPON A TRUE AND COMPLETE FIELD SURVEY PERFORMED BY ME OR NEVER MY DIRECTION IN AUGUST 2016, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND FOR L ORDINANCE AT THE REQUEST OF FLORENCE-Mk,KINLEYDEF TELEGRAPH UP. ON AUGUST, 2016. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONAJ_Y APPROVED TFI, TATAR MAP, THAT ALL THE MONUMENT ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATFDz AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, ERIC A CHIANG, LS 6671 DAA EXPIRES: 06/30/2018 CITY ENGINEER'S CERTIFICATE: 1 HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP NO THAT IT CONFOR S SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS C STATE LAW AND LOCAL SUBDIVISION ORDINANCES OF THE CITY OF DOWNEY APPLICABLE AT THE TIME IF WRPRr AL Cl THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, ADD THAT ALL PROVISIONS OF SECTION 66A42 QOODW) AID (3) HAVE BEEN COMPILED WITH. ...... . ........... ... .... JAHANSTAN OTGOUI, CITY ENGINEER BATE CITY OF ROWNEY RZE 55115, EXPIRES 6-3e-2016 6-30-5 CONTRACT CITY SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS KAP AND I AN SATISFIED THAT. 7 IIS MAP IS TECI JY CORRECT I DR _9 1 0 -17 -7 — - -1 DAVID 0 KNELL, PROFESSIONAL SURVEYOR DATE PLS, OR 5301 A, A, 4_1 'JOBS x. CITY CLERK'S CERTIFICATE: I HEREBY CERTIFY THAI THE CITY COUNCIL OF LHE CITY OF DOWEY BY MOTION PASSED ON THE - DAY OF 201 --,.APPROVED THE AT -ACHED MAP. AND DID ALSO HEREBY ABANDON PURSUANT TO SECTION 66434(g) OF THE SUBDIVISIONMAI ACT, THAT PORTION OF THE 'FUTURE ALLEY' LYING WITHIN THE BOLI WRY OF THIS MAP AND WHICH WAS SHOWN ON AND DEDICATED ON TRACT NO, 16032 AND WHIR ' OFFER OF DEDICATION WAS ACCEPTED BY CITY OF DOWNEYRESOLUTION NO. 1566 RECORDED JULY 14, 1955 AS INSTRUMENT NO, 3024 IN BOOK D2976 PAGE 35 OF OFFICIAL RECORDS, NOT SHO' I ON THE MAP, ALICIA DUARTE, COX DATE INTERIM CITY CLERK -CITY Or DOWNEY CITY TREASURER'S CERTIFICATE: I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UND'A THE JURISDIC-NON OF THE CITY OF DOWNEY, TO WHICH THE LAND INCLUDED IN THE WTHN SUBDIVISION OR ANY PART THEREOF IS AND IFCT, AND WHICH MAY BE PAID IN FJLU HAVE BEEN PAID IN FULL CITY TREASURER -CITY OF DOWNEY DATE BASIS OF BEARINGS: ,HE BEARINGS SHOWN HEREON ARE BASED 04 THE BEARING N36'44'00`W OF THE CENTERLINE OF TELEGRAPH ROAD, FORMERLY KNOWN AS ANAHEIM TELEGRAPH ROAD AS SHOWN ON MAP OF TRACT NO. NO, 16032, RECORDED IN BOO( 354, PAGES 19 AND 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, PLANNED UNIT DEVELOPMENT NOTE THIS TRACT IS APPROVED AS A PLANNED LIMIT DEVELOPMENT PR'JECT FOR 40 LOFS, WHEREBY THE OWNERS OF THE LOTS 1-39 WILL HOLD AN UNDIV ED INTEREST IN THE COMMONAREAS 'LOT A' THAT WILL IN TURN, PROVIDE THE SEGE -,ARY ACCESS ANO UHLIFY EASEMENTS FOR THE LOTS IMSTIVIllamoll SCALE: 1'.40, ......._._ TRACT 74254 ■ IN THE CITYY, COUNTY OF LOS ANGELES STATECALIFORNIA FOR PLANNED UNITV L T PURPOSES LEGEND•... ' • ESTABLISHMENT NOTES: INDICATES THE BOUNDARY OF THE LAND E7 ESTABLISHED PARALLEL WITH CENTERLINE OF TELEGRAPH ROAD PER Rte: BEING SUBDIVIDED BY THIS MAP. E2 MOST EASTEPLY COMES OF LOT I AND MOST SOUTHERLY { ) INDICATES RECORD DATA PER REFERENCES STATED. CORNER OF LOT OZ R1, %SYASUSHED BY PROPORTION. CFR INDICATES CALCULATED FROM REFERENCE STATED. E3 SOUT€6EAST OC4kNER OF LOT- 14 AND liOAikEA,ST: NER. OF LOi 113, Rf, NOTxdIN@ FOUND.:..ESTASUSHE4 0Y RECOBO O INDICATES MONUMENT SET AS STATED. DISTANCE FROM SVLY PER R1.,. REFERENCES: _........ Rt INDICATES RECORD DATA PER TRACT NO. 16032.M.B. 354-19-20 -. SHEET 2 OF SHEETS Iw w z Q CJs. INT. ah Nr F'01lND SPIKE WASHED RCE1S73w imArie qt"AINK4,: I FLUSH PER f -WO 1024 RAGES 408,697 imkt Pm a TELEGRAPH ROAD #138'44°00`W -,®.::.—_--_ 337 8 481.53° � ,r { .10' 8SET LEAD AND TAF LSE874 00 U PRS, 2' OFFSET "DD c � k 'SET LEAD AND TAG L56671 " 2' OFFSET AT BO 20.OW NOTA PART S12'6 'WW " Ci® OF 1Hi5 SUBOIVYSIdN B� 8 -6 D° . SEE SHEET 3 FOR INTERIOR LOTS AREA - 72,488 SO. FT. 1.884 ACRES Z FUTURE EY N ,364400"W E2 20'40" a N IHBA5 LINE 0f UOTS 1 911ROUk61 6 INCt,'JSIYg, SET LEAD &TA LS 8071 1N AND SC6J919'N1;ST£Ri.Y L1ttE LOT B2„ R, ESTAB1.i ( FACE WALL 0. ABOVE G PARALLa Y41H CENTERLINE OF TELE ROAD PER Rt. 6!w NS398°00'E, D 2S" TRACT ##£i#;.: 8 JOT. 30° ---NOTA PART OF THIS SUB DPNSION " ppN - - -- BIRCHCREST ROAD C ::1bY "I POO PAR 710 SCALE: 9'=26' ....SKEET 3 OF 3 SHEETS TRACT NO. 74254 IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES LE' GEND STATE OF CALIFORNIA INDICATES -DIE BOUNDARY Or THE LAND BEING SiJBDMDFD BY THS MAP. FOR PLANNED UNIT. DEVELOPMENT PURPOSES @NDICATES HE GEARING AND DISTANCE '. FROM THE UOUNDARY TO LOTS NOTES: LOi- A IS COMMON. AREA FOR LANDSCAPING, PUBLIC U711TY, PRIVATE DRIVEWAY AND FIRE LANE,. I 14 tl6 t I I+aa 44"ate"�r I X9,1" DETAIL 'A' NOT TO SCALE E.1 p}36`dad W y225' p �#�q NS.imiC�`CdPd J 28' F.: z'S 7127 29"�!L`+.4kY fa 2.4° r""'"+ N36'44'00'W 278.56° N36'44'00*'W K ii --�' 26 00� ?i +4C 2S 42k° 2, D:b' : 79 d7C1` 2P 4k5' 2O 66' 21.42 21 40' 21 00' 29 450` 259 i.pa0.� 7 �p cv � 2058,. 44 5 Ni 849 S.6 t32n d` - �t4 ,r 424 zF � 841 S.F �..uAs � M841 r, �:�824 SFSi°`1n m824 SF, va `824 BF, "424mf, � @54 sF.:: x 20.Q0" iA.n4TMr' 21'ad 2E 0o, '2"S O$ 21,415. , 20.66 21 42' 21,00' 21 40 ^19 LK3' 2i i547' ?:i ar f 5.21' A 290.95 0 39,392 SQ. FT, COMMON AREA FOR LANDSCAPING, PUBLIC UTILITY° PRIVATE DRIVEWAY AND FRE LANE' N36°44°00 W _ 286 88' v 20 00' 44 BTi': ... ?'r.0(7_ fN 21,5S ?:S.A4" ra 4?6.4d5" 2:587 21 AA" 26.00' .. .,..m...25.52. 27.67' 22 IF Ls V 20 g'lD gas'4a r"E 4t E " ' M�9,r'., 2S 2i 3 ry gg w wa , a8$ S k, z" �r 914 SF 40.2a wi n ,., 850 u F I 916 SY, A13 s-" . d r- u. '4A W 3e 44'n2'wr s gyp' .DO 15' S+SSf' N3644'00'W dJ.59 ;. 3804470 E rls 44'D`32 40.25 N 4s°cow 40.36 3 A 5 + 21 28 ', A 4w 1.026 S.F. o. 14 9'i 8C'0:46 a`u uta'. na t84'3. a.F. ,iyf #k'".&d Z51A'"W 845 SF - ra,31€"t8a0" z G? _5S Sd.54b'eR"i7i7"Pd z.. _.� 47,7x'"" [V cit h .336•a4'o� E 4rtx 7T:p 4[::,2A ¢ _�4026": �-' • - m-` 22 29 R W 050 S.T.Al' 846 SS, — w w " N44'nu°w r+ v a N,*r6:'ca'gist"vF o A S%kv 44 tMS'T Q 2V 37 22 Li� n. c",.30.J W +w 983 S.F A .< 3 fi 845 &F ,.w z z' ca dk45. F ev a 84R R - N36°44 00°`W 4057 IX, n a +Na # TIa cam : N. '4_s `ITtT W 4D1V .f.-°i9 .596' 24 ,. 4035 pE3G'44'C °se a a� aat sF_ 0€ . fia . 17 0 2# s"a 25 32'y 31 #aas°a# 44`5 X40 s. 0Ia 350 ,#, aso sF T1a 9�. `0 36,90 V,zr •* 771 L3 IN ?,49: p s'.. �4g9 �. s"a *a' zs,a3` rs GX z6 4° a zy Ii 63J91N36'44`k`Ck w 4597' N36.44'Oo"W 45.17'.. I N$6.4$x" Oo'W 45: QWI:W4k 4D 'N SEE DETAIL 'A'. r.... A. �t 39,392 SQ, FT. B ®lo COMMON AREA FOR LANDSCAPING, PUBLIC Ai pu. UTILITY° PRIVATE DRIVEWAY AND FIRE LANE +`r's� o ol'n ! w5. n N3644'00'W 255.86° CITY OF DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS (Guaranteed by a Subdivision Faithful Performance Bond) EXHIBIT "B" 0 12. This Agre6m6nt shall run with the land And shall bind And obligatet and inure to the benefit of, the successors and assigns of the • hereto. By: General _Parjper (Title) CITY CLERK, Maria Alicia Duartef CMC (SEAL) APPROVED AS TO rORM- A By; By: MAYORO Sean Ashton B o n d Premium: _$�82Q...O.Q./_Annually FAITHFUL PERFORMANCE BOND (Multiple Surety Form) o WHEREAS ' the CITY OF DOWNEY, a municipal corporation and charter city o the State of California ("City"), and FLORENCE-MCKINLEYDCF TELEGRAF�H, L.P. as principal ("Principal") have entered into an agreement entitled City of Downey, AOreementf4r Cbh�st-ruction of Subdivision Public No 74254 incorporated herein by reference and -referred to as the "Contract�" which requires Principal to install and complete certain designated public improvements; ancl WHEREAS, under the terms of the Contract and prior to commencing any work under the Contract, Principal is required to furnish a bond to City for faithful performance of the Contract. NOW, THEREFORE, we the Principal and AmeriCah contraptorp all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of California ("Sureties"), are held firmly bound unto the City in the sum of One HundredNine One� Thousand and opt -V 190 Do for the payment of which sum well and truly to be made, we the Principal and Sureties bind ourselves, bur heirs, executors, administrators� successors and assigns, jointly and severally, The condition of this obligation is such that, if the Principal, Principal's heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform all covenants, conditions, and agreements required to be kept and performed by Principal in the Contract and any changes, additions, or alterations made thereto, to be kept and performed at the time and in the manner therein specified, and Downey Performance Bond EXHIBIT VICIP in all respects according to their true intent and meanings, and shall indemnify and save harmless City, its officers, employees, and agents, as therein provided, then this obligation shall be null and void-, otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the sum specified above, there shall be included all costs, expenses, and fees, including attorney's fees, reasonably incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, I ENORMOUS- M IRM -41 change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect each of their obligations on this bond, and Sureties do hereby waive notice of any such change, extension, alteration, or addition� Sureties further agree that American Contractors Indemnity Company ("Lead Surety"), is designated by the Sureties as the Lead Surety and that presentation of any demand for payment or service of any action by the City upon the Lead Surety shall be ieemed presentation or service upon all Sureties� IN WITNESS WHEREOF, this instrument has been duly executed by Zrl SEALED on November 7, 2016. Downey Performance Bond NW91M (Principal name) (Seal) BY - (Signature) A—aco"J yl e (Print name and Title) Principal address: G 14 1 "' Sr�. 0 !S u Zte- � X MEN R. W.iM (Surety name) (Seal) M F.&M-0111M (Print name and Title) IME 3 Downey Performance Bond Principal Telephone - S -4. !gss. I I�HIMMMM 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 _validit of thatdocument State of California County of LOS ANGELES On 0VVf f �'�� before me, PATRICIA KANEGAWA PEREZ, NOTARY PUBLIC (insert name and title of the officer) personally appeared - ADAM FEINBERG who proved to me on the basis of satisfactory evidence to be the person(x) whose name(9) is/mm subscribed to the within instrument and acknowledged to me that he/ehWtW executed the same in h is/MAt& authorized capacity(km), and that by his/.huftaksignature(6) on the instrument the person(89, 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, - COMM. #2125219 z Notary Public Cafifcrnia o Los Angcius County t comm. Exit s sc , A 1 Signatur� eal CALIFORNIA ALL PURPOSE CERTIFICATE OF r ACKNOWLEDGMENT FAnotary public or other officer completing this certificate verifies only the identity e individual who signed the document to which this certificate is attached, ot the trutfulness,_accuracy, or validity of that document. State of California } County of 1-0! '-'cis } On before me, .., 6b n'? 1`n n Amezcua, n palvbc, . tl k#e� e15¢*g d43'C3� fid7ro9 IY.dk� fi9+a'fg personally appeared unq AbbIoud who proved to me on the basis of satisfactory evidence to be the person(] whose' flame Is e subscribed to the within instrument ent arid acknowledged to me that silt/tl ey`executed the sante in r h `r t%eir authorized capacity(i ;, and that by &Mr/tl eir signature( on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument 1 certify under PENALTY OFPERJURYunder the laws of the State of California that the foregoing paragraph is true and correct. CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tlti�) Partner(s) Attoey-in-Fact ❑ Trust (s) ❑ ter �o Indicate the correct sirlmiltir t)r r,I,Is:rl r,,y, ,k kv -A- L A L �°ary'muw oas csr, Inalcap 2095 Version wuay.No—taryClasses.com 8O -8?a-9865 Sect 'ra:lyaltach€itisJnentI crsr�iitt rd phots laht�ally r��rttttnrlric° a'ang�ra;rinn sttsta�i. r�-I of � f�rrrmk raclW�taszrictlgraarat fitlar,. ,ignavure nn file V -4t t deur otct of 4 but could help to emnire ii5as hard to a different 4oc trnein, 311 ttutrlbcr of hags; ,and date ter If tht clatmed capacity is a: 1"0' CFO, eercutl ) 1r wst V lh a srapl , q 4' r • 4 s• w CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tlti�) Partner(s) Attoey-in-Fact ❑ Trust (s) ❑ ter �o Indicate the correct sirlmiltir t)r r,I,Is:rl r,,y, ,k kv -A- L A L �°ary'muw oas csr, Inalcap 2095 Version wuay.No—taryClasses.com 8O -8?a-9865 Sect 'ra:lyaltach€itisJnentI crsr�iitt rd phots laht�ally r��rttttnrlric° a'ang�ra;rinn sttsta�i. r�-I of � f�rrrmk raclW�taszrictlgraarat fitlar,. ,ignavure nn file V -4t t deur otct of 4 but could help to emnire ii5as hard to a different 4oc trnein, 311 ttutrlbcr of hags; ,and date ter If tht clatmed capacity is a: 1"0' CFO, eercutl ) 1r wst V lh a srapl , q TCafC1C?Ji ARINE HCC KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, ADAM FEINBERG its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 1,00329890 issued in the course of its business and to bind the Company thereby, in an amount not to exceed Three million and 00/100 L — a3 00th 999.Q }a This Po yr of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by (lie Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a nietting duly called And held on the 1Si day of September, 20111 "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)®in®Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents: for the; release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signedby the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it attached." The Attorney -in -Fact named above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -In -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, Arnerican Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1St day of december 2014,.E"r"w°„e State of California ` a AMERICAN CCNTRt CTORS INDEMNITY COMPANY �t 6 f+ hi4TC Kit. rF'R r„9. t�a6 E^i County of Los Angeles SSD B y: 'AAm..;.�:., .... Adam . Pessin, President 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, accurn, or v sti li of that document - On this It day of December 2014, before me, Maria C. Rodriguez -World ; a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to meonthe basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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, gia�r{I�s:irCtlrirau wvralx Commission 20 771 Not®ry Public - Clranla Signature(seal) Los Anpilem County mm r r Coram to 4104 00,2017 I; Kio Lor Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN VVITNES5 WHEREOF, I have hereunto seamy hand this 7th day of November 2016 a*6aCXYFd? tee Bond No, 100329890' • 14L RM1r AYEj7 a Agency No, 6884 ccPr.>s rues m �_ 10 ., . � , � 4 Gln La, ” � Hist Secretary CITY OF DOWNEY ENGINEERING DIVISION CONSTRUCTION i •R LOCATION FILE/CASE TRACT MAP NO. 74264 LOCAMI, 7940 Telectralah Roadi TOTALA DEPOSIT REQUIRED i- THIS PROJECT11i 1If PREPARED BY: DATE: /-30-18 CHECKED BY: DATE: .. _R r a L%IJ 11 • Sewer -_ r ; 1111/ -. 111 is • i : • & Gutterr /1 1/1 11 Drive ap roach • � `. • r is 11 '. /I Fir - hvdrants LCity Standard Street lights _- Subtotal /t Labor1`, I1 One-year and Inspection Fees TotalAttorney •1 I: i1 TOTALA DEPOSIT REQUIRED i- THIS PROJECT11i 1If PREPARED BY: DATE: /-30-18 CHECKED BY: DATE: .. _R r FISCAL IMPACT Attachments: Attachment "A" - Resolution - Exhibit "A" - Agreement For Construction of Subdivision Public Improvements - Exhibit "B" - Subdivision Improvement Performance Bond - Exhibit "C" — Abandonment portion of the future alley tract map Attachment "B" - Public improvement Construction Cost Estimate Attachment "C" - Tract Map No. 74254 • Attachment "ID" - Planning Commission Memo dated 12-7-2016 • Attachment "E" - Future alley" abandonment request letter • Attachment "F" - Location map K N< D. br 4 , 2011 Re: Final Tract Map No. 74254 On December 6, 2017, the Planning Commission considered Final Tract Map No. 74254 (PLN -17-00182), to allow the subdivision of a 1.66 acre parcel into 39 numbered lots (one for each unit) and a lettered lot (for common areas), which is made up of the driveways, walkways, landscape and recreation areas. After considering all written and oral testimony, the Planning Commission adopted a minute action recommending the City Council approve Final Tract Map No. 74254. The Planning Commission approved the minute action unanimously. Mid -Cities Engineering 9744 MAPLE STREET #101 BELLFLOWER CA, 90706 562-8663625 Fax 562232 4121 Date: August 26, 2016 To: Mr. Aldo Schindler, Director of Community Development City of Downey Job Address; 7940 Telegraph Rd. Downey, CA 90240 Subject: Request to merge portion of the alley west of Tweedy Ln and south of Telegraph Rd. adjoining the proposed development for Tentative Tract No. 74254 See (Exhibit A) We are proposing to merge the above mentioned Alley in relation to a proposed 1 -Lot Subdivision for a residential condominium project. The proposed Alley merger will help improve the development of this corner consisting of a vacant lot and an unimproved and inaccessible future alley as follows: The west portion of this alley is already vacated and this Alley is no longer a through alley. This Alley merger will become part of the development for a new residential development. The Alley Merger will improve security and increase property value for adjoining neighbors which will benefit the new owners, existing owners and the City of Downey.. We hope you could expedite this request which will be scheduled for hearing soon.,, Please feel free to contact us if you have any questions Sincerely, Ken Alson, PE;; :; The land referred to herein below is situated in the city of Downey, in the county of Los Angeles, state of California, and is describedasfollows: That portion of lot 82 of tract no. 16032, in the city of Downey, county of Los Angeles, state of California, as per map recorded in book 354, pages 19 and 20 of maps, in the office of the county recorder of said county. Beginning at the southeast corner of lot 14 of said tract no. 16032, being also the northeast corner of said lot 82; thence along the northeasterly line of said lot 82 south 36 degrees 44 minutes east 89 feet to the true point of beginning. Thence parallel with the southerly line of said lot 14 and its prolongation, south 53 degrees 16 minutes west to the northeasterly line of the 20 foot "future alley" being also the northeasterly line of the southwesterly 20 feet, measured at right angles, of said lot 82; thence along said last mentioned northeasterly line, south 36 degrees 44 minutes east to the southeast line of said lot 82; thence northeasterly, northerly and northwesterly following the boundaries of said lot 82 to the true point of beginning.