HomeMy WebLinkAboutItem No. 19 Final Map 33370 TesseraText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-237
Agenda Date: 6/27/2017 Status: Approval FinalVersion: 1
File Type: AgreementIn Control: City Council
Agenda Number: 19)
Page 1 City of Lake Elsinore Printed on 6/22/2017
Final Map No 33370
June 27, 2017
Page 2 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Dina Purvis, Senior Engineering Technician
Date:June 27, 2017
SUBJECT:Final Map 33370 (Tessera)
Recommendation
1. Approve Final Map No. 33370 (Tessera) subject to the City Engineer’s acceptance as being
true and correct.
2. That the City Council authorize the City Clerk to sign the map and arrange for the
recordation of Final Map No. 33370 (Tessera).
3. That the City Council authorize the City Manager to sign the subdivision agreement with
Lumos Communities LLC in such form as approved by the City Engineer and City Attorney
to secure completion of the monumentation and improvements.
Background
The proposed Final Map No. 33370 (Tessera) consists of 9.114 acres generally located near
the intersection of Franklin Street and Avenue 5. Final Map 33370 includes 5 condo/residential
lots, 1 recreational lot, 1 lot for a basin, 2 public right of way lots, and 1 lot for private streets.
The proposed internal streets will be private and the landscaping maintenance will be provided
by the onsite management.
Discussion
Staff has reviewed the Final Map and determined that it is in substantial conformance to
Tentative Tract Map No. 33370.
Fiscal Impact
Public improvements are to be constructed by the developer. The proposed surety is sufficient
for the City to complete the construction if needed. Staff time was utilized to prepare the
documents.
Final Map No 33370
June 27, 2017
Page 2 of 2
Exhibits A.Final Map 33370 - Agreement
B.Final Map 33370 - Vicinity Map
C.Final Map Index
Prepared by:Dina Purvis
Senior Engineering Technician
Reviewed by:Brad Fagrell
City Engineer
Approved by:Grant Yates
City Manager
U:\engr\Correspondence\TR 33370\Security\Improvements\Construction Agreement.doc 1
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned Lumos Communities LLC .
.
whose business address is 2618 San Miguel, Suite 503, Newport Beach, CA 92660 .
,
herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a
subdivision designated as TR 33370 which map was prepared by Wilson Mikami ; and,
WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements
required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore
requiring construction of improvements in conjunction with land divisions, subdivisions, and the like,
hereinafter collectively referred to as "said ordinance"; and,
WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work
and the making of the improvements and to furnish security for the performance of this agreement in
accordance with the provisions of said ordinance;
NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a
condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work
and make all of the improvements required by said ordinance, which work and improvements, without
limitation by enumeration, consists of: Improvements .
.
The above enumeration of items is understood to be only a general designation of the work and
improvements, and not a binding description thereof. All of said work shall be done and improvements
made and completed which are shown on and in strict compliance with applicable plans and
specifications, and any subsequent alterations thereto, which alterations in said plans and specifications
and the work to be performed may be accomplished without first giving prior notice thereof to the surety;
provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten
percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be
obtained, and absent such consent, the surety's obligations shall not then exceed the cost of
improvements to be constructed under the said originally approved plans prior to said alterations;
provided, further, in no event shall such change result in exonerating the surety's obligations. Such work
shall be completed and improvements made within one year from the date of this agreement, unless such
time be extended by the City upon written application of the Subdivider. Failure to make such written
U:\engr\Correspondence\TR 33370\Security\Improvements\Construction Agreement.doc 2
request shall not preclude the City from extending this agreement. In the absence of written notice by the
City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is
understood that by providing security for this agreement, the surety consents in advance to any extension
of time as may be given by the City to the Subdivider and waives notices of such extension. The making
of an application for an extension of time by the Subdivider shall, upon the granting of the application by
the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel,
statutes of limitations, and other limitations of action in any action or proceeding filed by the City.
The Subdivider further agrees that any and all grading done or to be done in conjunction with the
development in the herein described Final Map shall conform to the requirements of the Lake Elsinore
Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations)
and shall be completed within the period of time described above and prior to the acceptance by or on behalf
of the City of the work and improvements and prior to the release by the City of the surety guaranteeing
performance of this agreement, in order that said improvements will not be endangered by improper drainage
or other hazards.
The Subdivider promises and agrees to maintain all of the improvements to be constructed under this
contract in a state of good repair, until all of the work and improvements are completed and accepted by or on
behalf of the City and until the security for the performance of this agreement is released. Said maintenance
shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and
removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by
this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street
improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he
shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake
Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by
this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The
Subdivider further agrees under this agreement to hold the City and its officers and employees free and
harmless from any claim s, demand or action for damages, injury or death, and to indemnify the City for any
loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous
conditions or any act or omission in connection with any of the maintenance activities required under this
paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the
City of all the work and improvements constructed under this contract.
The Subdivider shall be responsible for maintaining all improvements for a period of one year
following completion of the work and acceptance by the City against any defective work or labor done, or
defective materials furnished in the performance of the contract, and it is further agreed that upon completion
and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten
U:\engr\Correspondence\TR 33370\Security\Improvements\Construction Agreement.doc 3
percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of
guaranteeing maintenance of the improvements for a period of one year following the completion and
acceptance by the City against any defective work or labor done, or defective materials furnished in the
performance of this contract with the City of Lake Elsinore.
If the Subdivider and the surety fail to install all or any part of the improvements required by this
agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they
shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in
obtaining compliance with this agreement and any such expenses and fees incurred in processing any action
for damages or for any other remedies permitted by law.
It is further understood and agreed that upon default of any obligation hereunder, and at any time after
any such default, the City may make written demand upon the Subdivider and surety to immediately remedy
the default or complete the work. If said remedial activities or completion of work are not commenced within
sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully
completed within one hundred twenty (120) days after the making of such demand (or such other time as may
be contained in said demand), the City may then complete or arrange for completion of all remaining work or
conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and
obligation of the Subdivider and surety and all without the necessity of giving any further notice to the
Subdivider or surety before the City performs or arranges for performance of any remaining work or
improvements, and whether or not the Subdivider or surety have constructed any of the required
improvements at the time. In the event the City elects to complete or arrange for completion of remaining
work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or
surety to cease in order to permit adequate coordination by the City for completing any remaining work and
improvements not yet completed.
It is agreed that all work and improvements done pursuant to this agreement shall conform to the
standards applicable at the time work is actually commenced.
The Subdivider shall provide security in the amount of Two Hundred and Ninety One Thousand
Three Hundred and Ninety Four Dollars and 80/100 ($ 291,394.80) to guarantee the performance of this
agreement. In addition, the Subdivider shall provide security in the amount of Two Hundred and Ninety One
Thousand Three Hundred and Ninety Four Dollars and 80/100 ($ 291,394.80) to guarantee payment to any
contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the
performance of the work herein described. Said security shall be in the form of a
surety bond (corporate surety bonds, cash deposits, etc.)
U:\engr\Correspondence\TR 33370\Security\Improvements\Construction Agreement.doc 4
The Subdivider acknowledges and agrees to City regulations governing signs and advertising
structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in
violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense
of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or
demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the
City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit
issued by the City upon payment of necessary fees or deposits.
The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of
Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any
person and property damage. The amount and the insurance company must be approved by the City
Engineer.
In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage
by an approved insurance company and in an amount satisfactory to the City, and as required by law.
For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager,
the City Attorney, City Engineer, or any of them, or any of their authorized representatives.
In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this day of
, 20 .
SIGNED: _________________________________________ (Type Name/Title)
FOR: ______________________________________________
(Name of Company on above line)
CITY OF LAKE ELSINORE
BY: __________________________________________
Grant M Yates, City Manager
CITY OF LAKE ELSINORE
ATTEST:
_________________________________________
Susan M Domen, City Clerk
CITY OF LAKE ELSINORE
I-15
AVENUE 6RIDGE RDAVENUE 7CHANNING WAYAVENUE 5CRESENT DRSCENIC DRFRANKLIN ST
BANCROFT WAY
BURTON ST
F
L
A
GS
T
A
F
F
RDCOLE ST
COX ST
AVENUE 5I-15
BANCROFT WAY
I-15
AVENUE 6RIDGE RDAVENUE 7CHANNING WAYAVENUE 5CRESENT DRSCENIC DRFRANKLIN ST
BANCROFT WAY
BURTON ST
F
L
A
GS
T
A
F
F
RDCOLE ST
COX ST
AVENUE 5I-15
BANCROFT WAY
VICIN ITY MAP
Final Map 33370
TRA C T NOw 33370 SHEET 2 OF 2 SHEE7S
IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
M. OPEN 1-1/2' IP THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, EXCEPTING THE
UP 0.8' ACCEPTED AS LAND CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED JULY 26, 1955 IN BOOK 1772 PAGE 9 OF OFFICIAL RECORDS, AND THE LAND CONVEYED TO THE
THE N1/4 CORNER, CITY OF LAKE ELSINORE, RECORDED JUNE 29, 1957 IN BOOK 2111 PAGE 62 OF OFFICIAL RECORDS BOTH ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER.
11
PER RIS 82/17 S.B.M.
M FD. NOTHING ML SON MI KAMI INC. RICHARD A. TETREA UL T L.S. 7418
SEARCHED FOR -
SET TAG "LS 7418" FD. 1 IP DN 0.2 TAG ILLEGIBLE, IN�
ESTABLISHED AT FOR CONDOMINIUM PURPOSES VICINITY MAP
RECORD DISTANCE LEIU OF 1' IP, TAGGED "LS 3698",
AU20170'9L"W 107n 7L' /A/Ra AR An"W loin 7C 011 110RAYIA'I12"W le7n n: 001 �..- - _ ,I -18 FFMWAY
rcR n .._- - _ . .. .. 1 -1 . V.,.., .,. - .. . ,, , T ,../ - "-/ rcrT n/a 0z/ 1 i a0b, vy z4 t 4. iy N. T.S. '
SECTION T6S, R4W, S.B.M. 657.62' (657.62 R1) (657.75' R2) Ch
AKN
_ 1313.11' (1313.12' R1) (1313.08' R2) 291.38' -� / L ( ti FRANKLIN
8 T 33370
SECTION 8, T6S, R4W, S.B.M. - - - - - 366.24' _
569.56' (S89�4'00" E 569.29' R3) �� (M FD. 2" IP DN 1.0'
R4) LS 3698"
0. R. 21111162 L12 62 .�, PER RIS 82/17
60.02' so `O N09 4723"E Y ROAD
(M, R1 8: R3) N89*0924"W 597.38' (N89 45'00'W 602.02' Rl) I (N89 45'00"W 597.15' R3) (RAD)
(N0118'00'W R3) 95.34 166.00' 60.02' 218.98' cY Lm"
20.80' ' a r
FD. 1 " IP DN 0.3' .2g'04"E 30.01' 30.01' �i� : N6025'S1 "W �, �
" N78 (RAD) -�- - -
SURVEYORS NOTES. LS 3698' g7•p3 I LOT "D" �2
PER RIS 82/17 I a
1. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE LOT "C" "'
00 00 = n 0.014 AC. I ~
CENTERLINE OF BANCROFT WAY AND FRANKLIN AVENUE AS 0.023 AC. L1 N W I L2 N29 4734"E `. I
SHOWN ON CALTRANS MONUMENTATION MAP NO. 205-057 22' 22' 3 '+ N I `�+ (RAD) 0,k
_
ON FILE WITH THE COUNTY OF RIVERSIDE SAID CENTERLINE I I 1.343 AC. 3I 3 � I3 1.715 AC. 3 22' � FD. t' IP DN 0.2' SEDCO HLLS�
BEARS N8919'04"W.4 4' 3 ^ I ci ti 'LS 3698"
^ ,f o I 3 PER RIS 82/17 I \*-�1� I -FfMWAY
2. (___ R1) INDICATES RECORD DISTANCE PER R.S. 82/17 I oo I'. $ oI $ a f $ ^ `' ;.� N 1'
pOH'�3.
3. (___ R2) INDICATES RECORD DISTANCE PER CALTRANS 3' Iz 3' -I 6 10' I� 3' w z ( o 0
MONUMENTATION MAP NO. 205-057 ON FILE WITH THE I
COUNTY OF RIVERSIDE RECORDER THE DISTANCES SHOWN s �� 30' N89'18'49"E 14230' I 3 Z
HEREON HAVE BEEN CONVERTED TO GROUND, BY APPLYING I i� N89'18_49'E 134.00' L- SEE DETAIL "A"
THE COMBINATION FACTOR SHOWN ON SAID MAP. w I 04 194.30'
186.00' �t " _ 192.65' _
4. (___ R3) INDICATES RECORD DISTANCE PER O.R. 2111/62 I LOT "A"N N8918'49'E 334.12' C ,
R4) INDICATES RECORD DISTANCE PER O.R. 1772/9 Q 3.733 AC. " N89'18'49'E 380.30 l�1?IVASTREET 30 N
I ' Ixft
6. LOT "A" IS RESERVED HEREON FOR PRIVATE STREET o �a � �40.� 41� 4i�12� I
PURPOSES, AND LOTS "B" AND "C" ARE RESERVED HEREON of I V w) A I to
O
FOR LANDSCAPE PURPOSES, ALL TO BE MAINTAINED BY 0 I I
FUTURE HOMEOWNERS ASSOCIATION. z SCALE: 1" = 60'
7. LOTS "D" AND "E" ARE DEDICATED HEREON TO THE ^I I R. S. 82117
�w�cr
CITY OF LAKE ELSINORE, FOR PUBLIC STREET AND PUBLIC
UTILITY PURPOSES. ^ ^ U) to o Z
8. O.R. 2111/62 DOES NOT MATHEMATICALLY CLOSE BY THE O r
FOLLOWING COURSE S 88 3256" E 58.71'. IF THE BEARING z o I N n to o � I z 3 U
0 3 3 I N ^� N
"SOUTH 89754 EAST" IS CHANGED TOS 89 45' E, TO MATCH THE 4 N Q a 6 N _ o n =
STATE HIGHWAY DEED O.R. 1772/9 AND TO MAINTAIN THE ao �- 0 I ; I 3 3 0.807 AC. �" I (0 I z
PERPENDICULAR AND RELATIONSHIP AS ESTABLISHED IN SAID Z 3 " ~ ;r 0.774 AC. tl7 00 U w Q o
STATE HIGHWAY DEED, AND ALSO TO MAINTAIN A PARALLEL g z I g N N w '� .. W
RELATIONSHIP CREATING A PARCEL THAT IS A CONSTANT 60.00 0o I o0 co
00 0l o� I 1.715 AC. p M
WIDE. AND IF THE THE COURSE SOUTH 44'14 44 WEST" IS � o o 'h
z z z z I'o -� o ,:� W m
CHANGED TO S44'14'44"E THE DOCUMENT WILL CLOSE WITHIN= \ z I I 00
ACCEPTABLE MATHEMATICAL TOLERANCES. O 3 3' 3'A
ir) 3
. N I 4 4
9. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF BUILDINGS W 1.343 AC.
2222''�
' I
AND OBSTRUCTIONS.
=
LINE
I
L1
A
N89'18'49"E
L2
44.87'
N89'18'17"E
m
26.05'
N3548'08"E
L4
48.11'
N00'41'11 "W
L5
8.59'
N44'59'34"E
10. / / INDICATES ABUTTER'S RIGHTS RELINQUISHED.
m
N35'16'09"W
L7
6.29'
N01 *38'48"W
L8
22.00'
N00'40'19'E
L9
1.80'
N89'19'41 "W
��+
41.42'
N43'38'42"W
L11
R1
'
N43'38'42"W
N42'00'08"W
L12
R3
11. TRACT CONTAINS. 9.114 ACRES GROSS.140.04
U
L13
R3
42.06'
42.06'
N4338'42"W
S44'14'44"W
L141
R4 1
129.87'
129.88'
N43'38'42"W
N43 -39-00"W
-
oil
140.31'
MONUMENT NOTES:
ir N89'19'41 'W 328.36'
ct�
T-
82.98, i 1
N89'18'17"E
371.84'
0110 N8919'41 "W 550.85'
• FOUND MONUMENTS AS NOTED.
N � �
O SET MONUMENT AS NOTED.
:D
^
PRIVATE STREET N8919'41 'W 478.08'
- - - - - - - -
1w I.P. AND TAG "L.S. 7418" TO BE SET, FLUSH, AT
O
N.
I
417.81'
ALL REAR CORNERS AND FRONT CORNER CUTBACKS OR
"L.S.
U
$
00
I 4 4'
LEAD, TACK AND TAG 7418" TO BE SET IN TOP
3
OF WALL, UNLESS OTHERWISE NOTED.
22' 2'
2
LEAD, TACK AND TAG, "LS. 7418" TO BE SET IN TOP
u
")
1.485 AC.
OF CURB ON LOT SIDELINES PRODUCED IN LIEU OF
FRONT LOT CORNERS, AT EC.'S AND B.C.'S THE TAGS
N89*18'17"E
WILL BE SET PERPENDICULAR TO CENTERLINE TANGENTS,
89.55'
J
UNLESS OTHERWISE NOTED.
17.06'
N8919'41 "W 458.39'
EASEMENT NOTES: "LS
FD. 1' IP DN 0.4'
ABLE
0 EASEMENT OVER AND 3 BEYOND THE LIMITS OF
PER RUNSTIS 117
625.34'
LOT A FOR EMERGENCY ACCESS AND UTILITY
S7118'10'E 0.31'
it �
o .
N8971'OS`W 655.34' (N89'56'42'W 655.39 R1)
PURPOSES (P. U. E. ), DEDI CA TED HEREON TO THE 6OD
'm
CITY OF LAKE ELSINORE. ^ FD. 1 IP DN 0.1'
"LS 3698"
® EASEMENT FOR STORM DRAIN PURPOSES, DEDICATED PER RIS 82/17
HEREON TO THE CITY OF LAKE ELSINORE. HELD FOR LINE ELSINORE HEIGHTS TRACT t�NI T NO. 2
M. B. 12/88
S: \10024.10\SURVEY\DWG\PRTM0001.DWG
4 4' I i W
22' 122' AD
N89'19'41 "W n "
11110' ---j- to
W
N � L9
CURVE TABLE
CURVE RADIUS LENGTH DELTA
C1 130.00' 68.29'130'05'53"
C2 262.00' 91.47' 20'00'12"
179.01' V)
LOT A" 133.10'
N °�°3.733 AC.
3
60.26' 44.11'
0
UNE TABLE
LINE
LEND
L1
44.00'
N89'18'49"E
L2
44.87'
N89'18'17"E
L3
26.05'
N3548'08"E
L4
48.11'
N00'41'11 "W
L5
8.59'
N44'59'34"E
L6
25.55'
N35'16'09"W
L7
6.29'
N01 *38'48"W
L8
22.00'
N00'40'19'E
L9
1.80'
N89'19'41 "W
L10 1
41.42'
N43'38'42"W
L11
R1
87.81'
84.64'
N43'38'42"W
N42'00'08"W
L12
R3
30.00'
30.00'
N00'51'22"E
S0015'00"W
L13
R3
42.06'
42.06'
N4338'42"W
S44'14'44"W
L141
R4 1
129.87'
129.88'
N43'38'42"W
N43 -39-00"W
CURVE TABLE
CURVE RADIUS LENGTH DELTA
C1 130.00' 68.29'130'05'53"
C2 262.00' 91.47' 20'00'12"
179.01' V)
LOT A" 133.10'
N °�°3.733 AC.
3
60.26' 44.11'
0
0;
w
LOT "B" 3
b
0.399 AC. g
to
30'
g
Z
o^
2
0
:rte
o-
to°f
^I
FD. 2' IP ON 1.4
"LS 3698"
PER RIS 82/17
HELD CIL AVE 5
AND BANCROFT
I-N891849E 380.30'z I
194.30'
192.65' I
1 ,w 1.65'
FD. 1" IP DN0.1' o°I
"LS 3698" g N
N /
/PER RIS 82/17 � Z
HELD FOR LINE \
S8971'357E 0.08' 1
FD. 2" IP FLUSH DETAIL "A" FD. 2" 1P FLUSH
W/BRASS CAP STAMPED W/BRASS CAP
"DOT FRANK -AVE 6 P.1." STAMPED "DOT (1983)
(PER R2) C/L FRANKLIN ST.
FD. DESTROYED 10/2016 12+63 B.C."(PER R2)
89'19'04'W 731.67' N89'19'04'W 731.62' R?)
325.50' (325.33' R2) 406.17' (406.29' R2)
CABANCROFT WAY / FRANKLIN ST.