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SR-121796-6H 6H <~ ... ~ ~ 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 1 6H~~ r . .,; - DEe , 7 19S6 - - - 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 2 . --- 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 3 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 ~~ MARSHA JaMEs MOUTRIE City Attorney Adopted and approved this 17th of December. 1996 f ~ O~ 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 . - 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 ---------- 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'. ------------------~----- ---------~-------------~ 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 1 ---- --- -~~- ~- - ----- _~_o___ ~-- - - ~-'.oa""" _ - - . . .... 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. 2 - . 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 - Monlca. CITY OF SANTA MONICA, FOR THE SUBDIVIDER* A MUNICIPAL CORPORATION /-; /.. . /~., /'.. / r ' / - By: By:<c~' ".fJ..i-; -.-<-.,. 1\1'(1.-,'-- , c ><f-.:/.(>L'-' - '- C1ty Manager Subdl.vl.der Charles Robert Sievers /~ l" ATTEST 1/ J' '/ .fi Cr'! <- Jilt L//1/1~ --/ / -", // 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: '-" - <(7 ~ ?l};~,,-_ k...~ '1LLu' /' ~~ C1. ty Attorne-y * (Attach approprlate notary acknowledgments) [T \TEMPLA TE\WPFOR\ilS\AOCPIRAFMlPAM) 3 --- 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 i I EXHIBIT "A" - 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 --c------ --,---- ~. 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 i!""~~~ / \.--( 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 --- - -------- ----~--~--- ---- ---- ---- - ~ Cl1993 N....TIONAL NOTARY ASSOCIATION. 8236 Remmel Ave POBox 7184 . Canoga Park CA 91309 7184