SR-121796-6H
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PCD SF DM LB f \plan\share\councll\strpt\fm24459 DEe t 7 1996
Council Mtg December 17, 1996 Santa Momca, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Approve SubdivIsion Improvement Agreement and
Adopt Resolution Approving Final Parcel Map No 24459 at 1610-30
Colorado Avenue
I NTRODUCTIO N
This report transmits for City Council approval a SubdivIsion Improvement Agreement and
Final Parcel Map for the follOWing subdIvIsion The Tentative Map was approved by the
Planning Commission on June 12, 1996
PARCEL MAP ADDRESS SUBDIVIDER
24459 1610~30 Colorado Avenue Charles & Carol Sievers &
Joseph Cleary
BACKGROUND
After public hearing and careful review of the record and staff recommendations, the
Planning Commission approved a Vesting Tentative Map for the above project on June 12,
1996 The action of the Planning Commission was based on approval of a variance
(VAR96-00S) to allow a minimum lot WIdth of sixty feet In lieu of the reqUired one hundred
feet, and on Its findings that the proposed subdiVISion Will have no Significant
environmental Impact and IS In conformance With all State and local laws and regulations
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and applicable General Plan Elements
The Final Map conforms to the Tentative Map The License DIvIsion reports that the City
IS not a lien claimant The prOject has been approved by the Los Angeles County
Engineer's office and certIfied by the City Engineer for conformance With the Tentative Map
and conditions thereon, the SubdivIsion Map Act and local ordinances The City Attorney's
office has approved the covenants, conditions and restnctlons for the Final Map as
complYing With the conditions of the Tentative Map and applicable laws
The applicant has signed the SubdivIsion Improvement Agreement, stating their agreement
With the City to complete the reqUired public Improvements at the expense of the applicant
The agreement has been approved as to content by the City EngIneer and as to form by
the CIty Attorney
BUDGET/FISCAL IMPACT
The recommendation presented In thIs report does not have a budget or fiscal Impact
RECOMMENDA TION-
It IS recommended that the City Council direct the CIty Manager to execute the SubdivIsion
Improvement Agreement and that the Final Map be approved by adoption of the
accompanYing resolution
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Prepared by Suzanne Frick, Director of Planning & Commumty
Development
Dean Sherer, Actmg Planning Manager
Laura Beck, Associate Planner
Attachments A Resolution
B SubdivIsion Improvement Agreement
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AITACHMENT A
RESOLUTION NO 9108 (CCS)
(City Council Senes)
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR PARCEL NO 24459
TO SUBDIVIDE A PROPERTY AT 1610-1630 COLORADO AVENUE
THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOllOWS
SECTION 1 That the Final Map for Parcel No 24459 In the City of Santa MOnica
hereby IS accepted and approved
SECTION 2 That the City Clerk hereby IS authonzed and directed to endorse
upon the face of saId Map thiS order authenticated by the Seal of the City of Santa Montca
SECTION 3 That the City Clerk shall certify to the adoption of thiS Resolution,
and thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
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MARSHA JaMEs MOUTRIE
City Attorney
Adopted and approved this 17th of December. 1996
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1 Mavor
I hereby certify that the foregomg ResolutiOn 91 08(CCS) was duly adopted at a meetmg
of the City CounCil held on the 17th of December. 1996 by the follm:vmg vote
Ayes Councllmembers Ebner. Femstem, Genser, Greenberg, Holbrook. O'Connor,
Rosenstem
l\oes Councdmembers None
Abstam Councllmembers None
Absent Counctlmembers None
ATTEST
~AJ.A~ .1~nJ-
\.
Clty Clerk
,
AITACHMENT B
of
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AGREEMENT FOR COMPLETION
OF PUBLIC IMPROVEMENTS REQUIRED FOR
APPROVAL OF THE FINAL MAP FOR
PM Z 14-50;
?ursuant to Government Code Sect1.on 66462, the C1.ty of Santa
Man1.ca, a munic1.pal corporat1.on, hereinafter referred to as ~CITYu
and, Charles Robert Slevers and Carol Jane Slevers,Trustees of the Charles Robert Slever
Famlly Trusts dated May 12, 1982 as amended Januarv18. 1990,and Joseph P. Cleary,
~rustee of the Joseph and Mary Ann Cleary 1982 Trusts, Trust A.as amended August" 19.1982
tlrst amendment to the Joseph and Marv Ann Cl~ary trust~ dated September 27. 1993.
hez-e1.nafter referred to as "SUBDIVIDER", enter 1.nto the fo1low1.ng
agreement.
WIT N E SSE T H
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WHEREAS, the Subd1.v1.der has applled for and rece1.yed approval of a
Tentat1.ve Map by Clty of that property located~nlthe C1.ty of Santa
Monlca legally descr1.bed as follows:
See attached EXHI BIT A'.
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a~d commonly known as Parcel Map No. 24459 ; and
vn-:!EREAS, as a condlt1.0n of approval of the Tentat1.ve Map certain
publlC lmprovements were requ1.red to be completed as a cond1.t1.on of
approval of the F1.na1 Map; and
~'n1E: REAS , the Subd1.v1.der 1.5 w1.ll1.ng to enter 1.nto an Agreement w1.th
the Cl.ty to complete the reqUITed publ1.C lmprovements at the
expense of the Subd1.Vlder and lS wlll1.ng to post the unprovemen t
secur1.ty requ~red by Chapter 5 (cornmenc1.ng with Sect1.on 66499) of
Dlvlslon 2, T1.tle 7 of the Government Code;
Nm'1 f THEREFORE, the partles hereto agree as follows:
1 CONSIDERATION. In conS1.derat1.on of the approval by the C1.ty of
the F1.nal Map for the property herel.nabove descr1-bed, the
Subdlvlder agrees to 1.nstall and complete to the satlsfact1.on of
the Clty Eng1.neer those publl.c ~mprovements WhlCh were requlred to
be completed by the Subd1.v1.der as a COnd1.tlon of approval of the
?l..nal Map and WhlCh rernaln uncompleted. The publ1.c lmprovements
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that the SubdIvIder agrees to complete are set forth in Exh~blt ~A" ,
attached hereto and made a part hereo f . All such publ~c
Improvement shall be completed at the expense of the subdIvIder.
2 . IMPROVEMENT SECURITY. Subdivider agrees to furnIsh securIty
for the faIthful performance of the Agreement ~n the form of a
SubdIvIsIon Improvement FaIthful Performance Bond In the amount of
Nmeteen Thousandf Three Hundred and no/l00 Dollars
($ 19,300.00 ) and a Subd~vision Improvement Labor and MaterIal
Bond in the amount of
Nine Thousand. Six Hundred & Fifty and no/l00 Dollars
{$ 9.650.00 } .
The fa~thful Performance Bond shall be In an amount of not less
than 100% of the amount shown In Exh~bIt ~A" and the Labor and
MaterIal Bond shall be in an amount of not less than 50% of the
amount shown In Exh~blt "AU.
3. TIME OF COMPLETION. The SubdIvIder shall Install and construct
the Improvements set forth In ExhIbIt "A" and complete such work In
accordance wIth the plans and specIfIcatIons approved by the C1ty
EngIneer wlthln two (2) years from the date of record1ng the Final
Map. The tlme of completIon shall not be extended except as
authorIzed 1n wrItIng by the CIty EngIneer. Failure of the
SubdIvIder to complete the Improvements withIn the tIme 1Im1t set
forth in thIS Paragraph shall be a default under thIS Agreement,
and, ln such event, CIty shall be entItled to proceed immedIately
agaInst the FaIthful Performance Bond and Labor and MaterIal Bond,
In addItIon to such other and further remedles to WhlCh the CIty
may be entItled by law.
4 . INDEMNIFICATION. The Subdivlder agrees to indemnIfy, hold
harmless and defend CIty, CIty Councll, and each member thereof,
ar.d every offIcer, agent and employee of the CIty, from any and all
lIabIlIty or finanCIal loss resultIng from any suits, clalms,
losses or actIons brought by any person or persons, and from all
costs and expenses of lltIgatIon and of any offIcer, agent or
employee of the Clty, by reason of lnJury to any person or persons,
IncludIng but not 11mlted to offIcers, agents and employees of the
SubdIVIder, or damage, destructIon or loss of property of any kind
whatsoever and to whomsoever It may belong, IncludIng but not
llffilted to the SubdIVIder, resultIng dIrectly or Indlrectly from
any or all actIvIt1es and operatIons of the Subdlvider or any
person employed by the Subdlvlder In the performance of this
Agreement.
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5. RECORDATION. ThlS Agreement shall be recorded wlth the Los
Angeles County Recorder's Offlce. Upon the wrltten request of the
Subdl vlder, the Clty Englneer may cause such Agreement to be
expunged from the County Recorder's Offlce records provlded that
the Subdlvlder's obllgatlons pursuant to thlS Agreement have been
met to the satlsfactlon of the City Englneer.
Executed thlS day of , 199 In the Clty of Santa
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Monlca.
CITY OF SANTA MONICA, FOR THE SUBDIVIDER*
A MUNICIPAL CORPORATION
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By: By:<c~' ".fJ..i-; -.-<-.,. 1\1'(1.-,'-- , c ><f-.:/.(>L'-' - '-
C1ty Manager Subdl.vl.der Charles Robert Sievers
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ATTEST 1/ J' '/ .fi Cr'!
<- Jilt L//1/1~ --/ / -",
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By: By: :/
Clty Clerk Subdl. vl.der Carol Jane Sievers
APPROVED AS TO CONTENT:
lu~~c'l-~
~~ C~ty Englneer Cleary
APPROVED AS TO FORM: '-"
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?l};~,,-_ k...~ '1LLu' /' ~~
C1. ty Attorne-y
* (Attach approprlate notary acknowledgments)
[T \TEMPLA TE\WPFOR\ilS\AOCPIRAFMlPAM)
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EXHI BIT AI, Legal Descnptlon
":HA':' PORT:ON OF RANCHO SAN VICENTE Y SANTA ~..oNlCA. IN THE CITY OF SAN":A MONICA,
COmITY OF LOS ANGELES. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 30
AND 31 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AS
PARCEL WaN ON SHEET 2 OF EXHIBIT Naft ATTACHED TO CERTIFICATE OF COMPLIANCE NUMBER
93-001, RECORDED DECEMBER 17, 1993 AS INSTRUMENT NO. 93-2460572, ~ESCRIBED AS
FO:':'OWS:
BEGINNING AT THE Im'ERSECTION OF THE: SOUTHEASTERLY :'INE OF COLORADO AVENUE (FORMERI.Y
K.~ovm AS RAII.R.OAD AVENt1'E, 80.00 FEET WIDE) AS SHOWN ON AMENDED MAP OF THE TOWN OF
SARTA V.oNICA, AS PER MAP IU;CORDED IN BOOK 39 PAGES 45, ET SEQ., OF MISCELLANEOUS
RECORDS, IN SAID RECORDER'S OFFICE, WITH THE CENTERLINE OF S IXTEEt.'TH STREE":, 80.00
FEET wIDE, SAID CENTERLINE BEING A LINE PARALLEL WITH AND DISTANT 40 FEET
NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM '!'HE SOUTHWESTERLY LINE OF ruE uu.."D
DESCRIBeD IN nu: HIGHWAY EASEMENTS TO THE CITY OF SANl'A MONICA, RECORDED AUGUST 18,
1923 AS INSTRUMENT NOS. 1333 AND 1334 IN BOOK 2667 PAGE 136 AND IN BOOK 2569 PAGE
253, RESPECTIVELY, OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE ALONG THE
SCtITHEASTERLY LI.NE OF SA"ID COLORAPO AVENUI:, NORTH '15 nECRr,-~ O"} MIWITf'S 30 Sl:CONDS
EAST 360.64 FEET TO THE SOUTHWESTERLY LINE OF SEVENTEENTH STREET, 80.00 FEET WIDE, AS
DESCRIBED IN THE DEEIl TO THE CITY OF SANTA MONICA, RECORDED JANUARY 24, 1910 AS
INSTRUMENT NO. 15~ IN BOOK 4045 PAGE 9 OF DEEDS, IN SAID RECORDER'S OFFICE; THENCE
ALONG SAID SOtmiWESTERLY LINE. SOD'l'H 44 DEGREES 45 MIlIi"CTES 00 SECONDS EAST 222.23
FEET TO THE SOtJTHE.AS't'ERLY LINE OF THE u.ND AS DESCRIBED IN '!'HE DEED TO THE LOS
ANGELES ~~ INDEPENDENCE RAILROAD COMPANY, RECORDED DECEMBER 11, 1875, IN BOOK 40
PAGE 282 OF DEEDS, IN SAID RECORDER'S OFFICE, niENCE ALONG SAID SOUTHEASTERLY L:::NE
THE FCL~WING TWO COURSES; SOUTH 4~ DEGREES 54 MINUTES 20 SECONDS WEST 321.61 FEET TO
THE NCR'I'HEAS'I'ERLY OF SAID SIXTEENTH STREET, AND SOOTH 48 DEGREES 48 MINUTES 47
SECONDS WEST 40.08 PEET TO THE CENTERLINE OF SAID SIXTEENTH STREET; THENCE ALONG SAID
CE}''TER:.INE OF SIXTEENni STREET, NORTH 44 DEGREES 46 MINUTES 40 SECONDS WEST 192 B6
FEET TO THE POIl'."T OF BEGINNING.
~ PM24459A XLS Page 1 of 1
CITY OF SANTA MONICA
CITY ENGINEER'S COST ESTIMATE. OFFSITE IMPROVEMENTS
Project VESTING TENTATIVE PARCEL MAP 24459 Prepared By ANTONIO SHAIBANI
Site Adress 1607 16TH ST ,1610-30 COLORADO, 1610 17T User Dept Contact PETE PEREZ
Engmeer GARY SAFRONOFF Source FIELD CHECK/INSPECTION
Phone (310) 828-2249 Date (2113/96) Revised 6/4196
Item Description Unit Quantltv Umt Pnce Item Total
1 Remove and replace sldewalk/parkwav SF 1433 00 $500 $7,16500
2 Remove and replace curb and gutter LF 159 00 $25 00 $3,975 00
3 Remove parkway and landscape SF 208 00 $500 51,04000
4 Construct dnveway SF 130 00 $700 $910 00
5 $000
6 $000
7 $000
8 $000
9 $000
10 $000
Sub- Total $13,09000
DeSign 15% $1,963 50
ContingencIes 15% $1,96350
Construction Mgt 10% $1,309 00
Inflation/Area Factors 5% $654 50
MIscellaneous 244% $319 50
Sub- Total $6,21000
Grand Total: $19,30000
Comments
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EXHIBIT "A"
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No ~907
State of co" 1 ,for" i "
County of .l.0~ An3plp.~
On _ l::ont-omh<>r 10 1QQ{, before me, Rprtv 1._ ~tnrm
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DATE NAME Tm.E OF OFFICER E G "JANE OOE. NmAR'\' PUBLIC'
personally appeared Charles Robert Sievers. Joseph P. Cleary and Carol Jane Sle;rer
N.AME(Sl OF SIGNER(SI
o personally known to me - OR - 0 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 ac-
knowledged to me that he/she/they executed
the same In his/her/their authorized
---~ffrY -L- STORM -'I capacltY(les), and that by his/her/their
! - COMM. 11~14e5 0 slgnature(s} on the Instrument the person(s},
~ ~AN~:i~~~ or the entity upon behalf of which the
t.tjComm. ExplmFeb. 24, 1999 person(s) acted, executed the Instrument
WIT~~ my hand ;and ~~I~?seal
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/ \.--( fl; " ./,. - v?-;rZ ~
- . ~/ SlGNATUF1E OF NOTARY
\ - OPTIONAL
Though the dala below IS nol required by law, It may prove valuable to persons relYing on the documenl and could prevent
Iraudulent reallachment 01 this form
CAPACITY CLAIMED 8Y SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlnErSI
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S}
o GUARDIAN/CONSERVATOR
o OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSONrSl OR ENTITY(IES)
\ ~---~ --~~ SIGNER(S) OTHER THAN NAMED ABOVE
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Cl1993 N....TIONAL NOTARY ASSOCIATION. 8236 Remmel Ave POBox 7184 . Canoga Park CA 91309 7184