HomeMy WebLinkAboutResolution No. 18-7773-Approving Tract Map No. 74567• • •
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WHEREAS, on January 17, 2018, the Planning Commission considered Tract Map
No. 74567 (attached herein as Exhibit "A") and adopted a minute action recommending City
Council approval of said map.
WHEREAS, the required subdivision agreement (attached herein as Exhibit "B")
between the City and the developer for the construction of the required public improvements
has been submitted to the City for approval and execution.
WHEREAS, said agreement includes a cash deposit as surety for faithful performance of
the terms of the agreement.
NOW, - •-,, THE CITY COUNCILOF OF DOWNEY DOES
RESOLVEANEREBY • •
SECTION 1. The Tract Map No. 74567 is hereby approved and;
SECTION 2. That the agreement for Construction of Subdivision Public Improvements
associated with Tract Map No. 74567 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 City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 13th day of February, 2018.
AN A I TON, Mayor
MAR -ALICIA DUARTE,
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13th day of February, 2018 by the following
vote, to wit:
AYES: Council Members: Pacheco, Rodriguez, Saab, Vasquez, Mayor Ashton
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN' Council Member: None.
WARTA ALICIA DUARTE, C
City Clerk
I LOT
66 812 BE. TRACT
NO.
74567
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA'
BEING A SUBDIVISION OF A PORTION OF PETTIS TRACT, IN THE RANCHO OF SANTA GERTRUDES AS
SUBDIVIDED FOR THE SANTA GERTRUDES LAND ASSOCIATION, AS PER MAP RECORDED IN BOOK I PAGE
502 AND IN BOOK 52 PAGE 78 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
OWNER'S STATEMENT,
WE HERESY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAMAS
INCLUDED MEAN THE SUPDAVAON SHOWN ON THIS MAP INTENT THE DISTINCTIVE BORDER
UNDO, AND WE CONSENT TO THE PREPARATION AND HUNG OF SAID MAP AND SU NAVISION.:
WE HEREBY DEDICATE TO THE CITY OF BARNEY FOR ALL STREETS, HGHWAYS,AND OTHER PUBUC
WAYS SHOWN ON THE MAP TO BE KNOW AS FIRESTONE BOULEVARD,
BANK A5ATO T4'rETl%0IAS, OC A CASIOAMA LIMITED UABIUTY COMPANY, OMER
144k lotAuAkD I rW�
BRP. MANAGER
ANCHOR IRA FUND LLC A CAUF IRNIA DWYER UABLITY COMPANY AS BENEFICIARY UNDER DEED OF
TRUST RECORDED MAY 8, 2017 AS INSTtiOMENT NO,: 20175191196 OF OFFICIAL RECORDS
BY BD
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fl�E TITLE
INOMOUAL WMO S76NFA THE ARCM, TR 74i41CH THIS CERilFlGA7E IS ATPACHETI ANO NOT
TRUTHFULNESS, ACCURACY, OR VAf[EY OF THAT DOCUMENT
m 0, 6,7`
RIM mw. w "� a ;,m,. BEFORE ME,:i ,} p a.T?.u°.q
arDaARY MARLIC. PERSONALLY APPEARED ��idPl7 ss `tlTkl� Txl WAR) rep° Ufa AN #£ ON BAD
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT;
WITNESS MY HAND.
�! l
F U,10TURF
t
NAME OF agar
MY PRINCIPAL PLACE OF BUSINESS IS IN
g -. COUNTY
M4 COh9MiSSE1NGD EXPIflES. e F# '
NY CORAWSSBOBI NUMBER
MYPHONE NUMBER ']II'Mi JC71C
A ',m�aATNI ��li o£M �"CE a6#r&`�s �vA�.Y tli rt .ii
THE 3iFs1OPOWt PAYS SNARV TRW ONCRAAtMT TO "RUN N BIS CCP( RADE.: IS ATTACHED, AND NOT
TR[r "FROAMi7ANE5S AIDAVI PSY, OR WAGANY of THAT CH74lywW4T ..
0004lr Of CAR ANO
ON «"' 'P.""Y` ,`.t�"f4t..__ BEFORE ME, :I�'.Y.....�m.�.6ta9,r-5-a,.aet�`'?�_—.
NOTARY DUBUC, PERSONALLY APPEARED. :�R11 dA inn !I
MR) O SD UE ON TIRE OAK OM WAREACTORW TD BE fl'Q VDAU lR1j IMAROC
jyt +rAC wI9 kTr5'T r Fd,"N:eiO'M 74: IRS TI6Aa
=Cid`TiTT!"d f,AECktYCfl R #i+E',r`1FINURT N APUMBBIIN' to Cdd'A#.7TY a%, FART 0Y
If, 4 PA of W. ORE ANG THE Hi' - SI Am TRO' om r "DIA .d.:
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAIJF09" THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT,
WITNESS MY HAND.
�6RIA
NAME OF NOTARY d�, -Y,
MY PRINCIPAL PLACE OF BUSINESS IS IN,„°.'y.'.„..,.,..,; COUNTY
MY COMUIS5IONED CAPPED: a 2E LL "r,. " j
MY COMMISSION NUMBER -- O
ROY PHONE NUMBER.. -J,
SIGNATURE OMISSION NOTES:
THE SIGNATURES OF THE PARTIES NAILED HEREINAFTER AS CENTERS OF THE INTEREST SET FORTH,
HAVE BEEN OMITTED UNDER PRO`A'RCNS OF SECUBCAl it ib&A1 3A (i -OVAL) OF THE SUP OR P:.
ACT, AS THEIR INTEREST IS 5OOM THAT ITC S' I ANT A FEE AND SAID SHMAN MEY AMC
NOT REQUIRED BY THE LOCAL AGENCY
SOUTHERN CALI EDIISON COMPANY LTD A CORPORATIONHOLDER AT AN EASEMENT FOR FOR
PIXD ONES, RECORDED IN BONN 17707 PAG: 17, 6F OPTICAL DECADES, REGARDS OF LOS ANGELES
COUNTY,
SOUTHERN CALIFORNIA ElAWYA COMPANY LTD., A CORPORATION HEADED OF AN EASEMENT FOR FOR
POLE ONES, RECORDED N COCA{ 44.536 PAGE 356 OF OFFICAIL RECORDS, RECORDS OF LOS
ANGELES COUNTY.
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DRESDEN AND IS BASED UPON A HBO SUM IN.
OWTIMMANCE WON ME ROCEARERADIES OF THE: SUMONEXON MAP ACT AND Lom 0MOTHANCE AT THE
REQUEST Or ARRANGED 1. ARAIT 1 HERSAM 54ATE 11AT THIS t MAN SUBSTAMUROLY INFORMS To
THE APPROVED OR CONDITONA1Y APPROVED TENTATIVE MAP TEST ALL THE MONUMENTS OF THE
COMANAGER AND LOCATIONS SHOWN EASTERN AND IN PIACE AND THAT SAID MONUMENTS ARE SOMMENT
TO ENABLE ME SURVEY TO BE READILY REPRACM
r
NADIR J ROEORSi RLS 7407. DALE aA ArAa i T
V,
L.rT
BASIS OF BEARINGS ;
ME HEARINGS SHOWN HEREON ARE BASED ON THE REARING OF N 59' 14' 20" W OF TRE
CEtNTERUNE OF FIRESTONE BOULEVARD S SHOWN ON PARCEL MAP NO .73738 IN BOOK 392; PAGES
5 AND D O6 PARCEL DAYS, RECORDS OF LOS ANGLES COUNTY.
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT R CONFORMS
SUBSTANTIALLY TO THE UNIArnE MAP AND ALL APPROVED ALTERATIONS
THEREOF; THAT ALL PROVISIONS OF STATE LAW AND SUBDIVISION
DERIVATIVES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE
MAP HAVE BEEN CHARLES MRH; AND THAT ALL PROMSANS OF THE
SUHDMSION MAP ACT SECTION 66+42(.)(1)(2) AND 3 HAVE BEEN
COMPUTED WITH„
TA14NESSNA4 QS'XOUI CRY ENGINEER, CITY OF FWNEY GATE
-: R C E NO, 55115 EXPIRES 6/30/2018
CITY SURVEYOR'S STATEMENT.
2
f v e
I AOA SATISFIED THAT THIS ANN IS TECHNICALLY CDftftECY p{ u.Iyp
{ t
rKa"16 d4 9GHE#k 4S fNl 'aWkB - CE%Y( .d,t aA„ ,x
SPECIAL ASSESSEMNTS CERTIFICATE:
1 HERE:RY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEIAED UNDER THE JURISDICTION OF THE CITY OF
ARCO, TO WHICH THE LAOS MULLER IN THE WHOM SUPWASION OR ANY PART THEREOF IS
SUBJECT,AND WHICH MAY BE PAID IN FULL. HAVE BEEN PAID IN FULL.
PATE
CITY TREASURER- CITY OF DOWNEY
CITY CLERK'S CERTIFICATE:
I HEREBY CERTIFY MAY THE CRY COUNCIL OF THE CRY Of DOWNEY BY MOTION DULY PASSED
ON APPROVED THE ATTACHED UAP AND ACCEPT THE DEDICATION OF STREETS, HIGHWAYS
AND OTHER RIGHT OF WAYS SD DEDICATOR ON TNS MAF'
ALICIA DUARTE, AMC m RATE
CITY CLERK - CITY OF DOWNEY
I HEREBY GENTLY THAT ALI. CERTIFICATES HAVE BEEN ILEO AND
DEPOSITS RAVE BEEN MADE THAT ARE REQUIRED 'UNDER THE PROVISIONS:
OF SECTIONS 66492 AND 6649.3 OF ME SUBDMSION MAP ACT,
E%ECUTIVE 0MC- POUND OF SUPFROSORS. OF PIC COUNIT OF LOS
ANGELES, STATE OF CALIFORNIA
DEPUTY GATE
I HEREBY CERTIFY THAT ANCHOR N THE AMOUNT OF 0.. HAS
PERU FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPE,RCSORS OF THE
COUNTY OF LOS ANGELES AS SECURITY FOR PAYMENT OF TAXES AND SPECIAL
.ASSESSMENTS COLLECTED AS TAXES ON THE
LAOS SHOWN ON THE MAP OF
TR&CU40.. 74567 AS REQUIRED BY LAW
EYE...
DEPUTY D.9TE
EXECUTIVE: OFFICER BOARD OF SUPERVISORS OF THL COUNTY OF .'._OS
ANGELES, STATE OF CALWONNA
DEPUtY'. Y DATE.
CONDOMINIUM NOTE
THIS TRACT IS APPROVED AS A CONDOMINIUM PROTECT FOR 24 UNITS, 'AHFRFUY
THE OWNERS OF THE UNITS OF AR SPACE MOLL HOED AN UNDIVIDED INTEREST IN 1TdE
COMMON AREAS THAT PULL, IN THAN, PROMDE THE NECESSARY ACCESS AND UTILITY
EASEMENTS FOR THE IINITC
Imumllo
r
SCALE: 1' = 30'
TRACT NO. 74567 SHEET 206 2 CHEM
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
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MONUMENT NOTE
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PR)WJUENT REC09DO) N DOOR ARE SET MILD AND 'AGED LS
WAN PACE 355 OR 'MIS5 WE'D 011W.7PLEE
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CITY OF DO
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS
(Guaranteed by a Subdivision Cash Deposit)
This AGREEMENT is made and entered into this 1341 day of
rtbf wow -q r 2017, by and between the City of Downey, California, a
municipal' corporation and charter city, hereinafter referred to as
"City", and KMH Downey Investments, LLC, hereinafter referred to as
"Developer", whose business address is 9553 Firestone Bl., Downey,_ CA
90241 .
IN CONSIDERATION of City's approval of the final subdivision map
Tract_ Map") prior to the completion and acceptance of certain
improvements required by conditions of approval of the tentative
subdivision map ("Tentative Map") for Tract Map No. 74567 ("Subject
Tract Map"), the parties hereto agree as follows:
1. Developer warrants that it has an interest in the real
property that comprises the Subject Tract Map.
2. Developer shall construct, at its own expense, the following
improvements and all work incidental thereto within the Subject Tract
Map, to wit: Reconstruction of drive approach, Installation of property
monuments, (collectively "Improvements") in accordance with the plans,
profiles and specifications that are on file in the office of the City
Engineer of City and the standards that are established by City
ordinance, which plans, profiles, specifications and standards are
incorporated herein by this reference and are made a part hereof as
though set forth at length herein. Developer warrants that said plans,
profiles, specifications and standards are adequate to accomplish
construction of the Improvements in a good and workmanlike manner and
in accordance with accepted construction practices.
Additional Conditions to Tract Map No. 74567:
A. Upon commercial development, the developer shall comply with
the Low Impact Development (LID) plan requirements by
utilizing an on-site infiltration system, designed, certified
and shown on the approved grading plan by Felix Madriaga, of
Land Creative Solutions, Inc.
3. Developer shall complete the Improvements within 24 months
after the date first above written, unless the completion date is
sooner extended by the City Council of City upon the request of
Developer. If the time for completion of the Improvements is extended
by the City Council, the extension shall not affect the validity of
this Agreement or release any security filed with City pursuant to
Paragraph 5 hereof. No extension shall become effective unless said
security, or substitute security that is acceptable to the City, is in
effect for the entire period of the extension.
4. Should the security not be renewed and the improvements have
not been completed, developer shall be deemed in default in this
agreement.
5. Developer has filed with City a subdivision improvement, Cash
Deposit, securing the faithful performance of this Agreement and
additionally securing the payment of those who furnish labor or
materials for the Improvements. Said security is in an amount equal to
that required by Section 9243 of the Downey Municipal Code, which
amount is Six Thousand Dollars ($ 6,000.00._). Should the amount of the
security become insufficient in the opinion of the City Engineer of
City, Developer shall renew the same in an amount deemed sufficient by
the City Engineer within ten (10) days after receiving notice therefore
from the City Engineer.
6. Developer shall construct the Improvements in a good and
workmanlike manner, in accordance with accepted construction practices
and to the satisfaction of the City Engineer of City. The Improvements
shall not be deemed complete until they are accepted as complete by the
City Council of City. At all times until the City Council accepts the
Improvements as complete, Developer shall take such precautions as may
be necessary to protect the public from any dangerous condition caused
by the construction of the Improvements.
7. Developer shall guarantee and warrant the Improvements
against any defective work or labor and against any defective materials
for a period of one (1) year after the Improvements are accepted as
complete by the City Council of City. The Improvements shall not be
deemed to have been completed within the time specified in Paragraph 3
hereof until a security guaranteeing the requirements of this
Paragraph, in the amount of at least five percent ( 5 %) of the
total estimated cost of the improvements,isaccepted by City.
8. Developer shall indemnify, defend with counsel approved by
City and hold harmless City and its officers, employees, servants and
agents from any claim, demand, damage, liability, loss, cost or expense
for anv damage whatsoever, including but not limited to death or injury
to an17 pe --son and inju-ry —y property, rc CU1-4 ng I ---
I � -- —v–, u. -il C�11-y Way
connected with, the performance of this Agreement, except such damage
as is caused by the sole negligence of City.
9. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all prior agreements
or understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended in any way except by a writing expressly
purporting to be such an amendment, signed and acknowledged by both of
the parties hereto.
10. No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, whether
or not similar, nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision. No waiver shall be binding,
unless executed in writing by the party making the waiver.
11. In the event any action, suit or proceeding is brought for
the enforcement of, or the declaration of, any right or obligation
pursuant to this Agreement or as a result of any alleged breach of any
provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
PA
12. This Agreement shall run with the land and shall bind and
obligate, and inure to the benefit of, the successors and assigns Of
the parties hereto.
By®
Mohammed I. AzzA'm HARIA 1. FERHFA�"k�j�)q
C 0 M
t M P ' �90634 2
OW 02090634
No Publir, California ;D
z
Manager Lo y I C
fl000t oun�
j 0
LOSIA1190 county -
(Title) Mrn Ites Nov 20
S Not 2018
(TO BE NOTARIZED)
ATTEST:
IT. �CLERK, Alici uarte, CMC
-
S E
E L)
APPROVED AS TO FO :
aTBy:
C ATTORNEY
3
By:
MAYOR, Sean Ashton
A notary public or other officer completing this certificate verifies only the identity of the in dividu a I who signed the do cum ent
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
County of
On m
htC Date before Here InIrt Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed O
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(les), and that by his/heritheir 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 thp forpnninn
paragraph is true and correct.
Signature
official seal,
OPTIONAL
Completing this information can deter
`� ofthe document or
fraudulent reattachment mfthis form toonunintended documenL
Description of Attached Document
Title or Type of Document:
Document Date:
Number ofPages:=_=~_____~
Bigner(s) Other Than Named Above:
Capaziiy(ies)C|ainmed by Signer(s) '
Signer's Name-, Signer's Name: "
oCorporate Officer —Tit|e(s): oCorponateOffic—
O Partner O Limited o General O Partner O Limited O Title(s):
O Individual o Attorney in Fact O Individual o Attorney in Fact
O Trustee o Guardian VfConservator O Trustee o Guardian ufConservator
El Other: . oDthec
Signer is Representing: , Signer is Representing:
(02017
(020Y7Nauona| Notary Association
CITY OF DOWNEY
ENGINEERING DIVISION
CONSTRUCTION COST ESTIMATE FOR LOCATION
FILE/CASE TRACT MAP NO. 74567
LOCATION 9553 Firestone BI
Property Monumentation
Subtotal =
Labor and Materials (509/o) =
One-year Guarantee (5%) =
Attorney and inspection Fees =
Total Estim e =
TOTAL CASH DEPOSIT REQUIRED FOR THIS illi 11 IS
PREPARED DATE:
CHECKED BY: DATE: 12 - e8- 17
City qf D04wq
REFUNDABLE CASH DEPOSIT FORM
SECTION 1. To be completed by department submitting a refundable cash deposit.
Name and Address of Depositor
Is— 2.cc-k t s e Ave -
(0
Phone
do
Amount
PA -11:1 1
12-27-201-1/04.14 PM
USER -220 Tofai;$ 6XI.00
0021-W62MI9
liar,
Purpose
GU'51L�"1,5100 OFFGI-rF—
GUAV_m_�_F_-r9Ae_T-
MAF
is
SECTION 11. To be completed by Finrce.
Date Deposit Received )L 7—
By Receipt
SECTION 111111. To be completed by Department requesting use of deposit.
SECTION -IV. To be completed by Finarim
W V WIN 0 L*J1
Acceptance Date
Authorized Signature
I NJ OWNINJ a I M I M L, M
INSTRUCTIO 9- 049.4 2 901;4404 191-01.4
Nw1rWN1%_"W11400111,