HomeMy WebLinkAboutItem No. 13 Approval of Parcel Map 37477Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-711
Agenda Date: 7/10/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 13)
Page 1 City of Lake Elsinore Printed on 7/5/2018
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared by: Rita Thompson, Senior Engineering Technician
Date:July 10, 2018
Subject:Approval of Parcel Map 37477
Recommendations
Approve Parcel Map 37477,subject to the City Engineer’s acceptance as being true and correct
and authorize staff to record the map with the County Recorder’s office.
Background
The proposed Parcel Map 37477proposes a merger of four(4) lots to forma single .50-acre
parcel and two(2) lettered lotsfor public right of way for the purpose of constructing a Jack in
the Box restaurant.
Discussion
Staff has reviewed Parcel Map37477and determined that it is in substantial conformance with
Tentative Parcel Map 37477. The developer has executed an agreement for improvements and
provided security for the same.
Fiscal Impact
Public improvements are to be constructed by the developer. The proposed security is sufficient
for the City to complete theimprovements if needed. Staff time was utilized to prepare all
documents.
Exhibits
A.Agreement
B.Vicinity Map
C.Parcel Map
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AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the undersigned DMSD FOODS, INC. .
.
whose business address is 41856 Ivy Street, Suite 201, Murrieta, CA 92562 .
,
herein referred to as "Owner/Developer”, has submitted to the City of Lake Elsinore for its approval a Parcel Map of a
subdivision designated as PM 37477 which map was prepared byRobert J. Russell, L.S.; and,
WHEREAS, the Owner/Developerhas 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, Owner/Developerdesires to enter into an agreement providing for the completion of the work
and the making of the improvementsand 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 saidParcelMap by the City, and as a condition
of such approval, the Owner/Developerpromises 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: Street Improvements associated with City approved improvement plan no. 18-111
–18-117 .
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
maybe 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 originalestimated
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 Owner/Developer.
Failure to make such written request shall not preclude the City from extending this agreement. In the absence
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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 Owner/Developerand waives notices of such extension.
The making of an application for an extension of time by the Owner/Developershall, upon the granting of the
application by the City, constitute a waiver by the Owner/Developerand 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 Owner/Developerfurther 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) andshall 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 Owner/Developerpromises 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 shallnot 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 enumeration,
sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the
Owner/Developer'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
Owner/Developerto properly maintain, the City may do all necessary work required by this paragraph, the cost
thereof being chargeable to the Owner/Developerand his surety under this agreement. The Owner/Developer
further agrees under this agreement to hold the City and its officers and employees free and harmless from any
claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or
incurred as the result ofor 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 Owner/Developershall 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 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
3
work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore.
If the Owner/Developerand 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 Owner/Developerand 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
Owner/Developerand surety and all without the necessity of giving any further notice to the Owner/Developeror
surety before the City performs or arranges for performance of any remaining work or improvements, and whether or
not the Owner/Developeror surety have constructed any ofthe 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 Owner/Developeror 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 Owner/Developershall provide security in the amount One Hundred Forty Thousand Eight Hundred and
Three and 61/100 Dollars ($ 140,803.61) to guarantee the performance of this agreement. In addition, the
Owner/Developershall provide security in the amountofOne Hundred Forty Thousand Eight Hundred and Three and
61/100 Dollars ($ 140,803.61)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 cash deposit, invoice no. INV-00014176inthe sum of $281,607.22.
The Owner/Developeracknowledges and agrees to City regulations governing signs and advertising
structures. Owner/Developeragrees 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
Owner/Developerand Owner/Developershall indemnify and hold the City free and harmless from any claim or
demand arising out of or incurred as a result ofsuch removal, excepting negligent acts or omissions by the City, its
4
agents or employees. Owner/Developeragrees that said signs may be erected only pursuant to a permit issued by
the City upon payment of necessary fees or deposits.
The Owner/Developeragrees 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 Owner/Developershall 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 Owner/Developerhas caused this agreement to be executed this day
of , 2018.
SIGNED:_________________________________________
(Type Name/Title)
FOR:______________________________________________
(Name of Companyon above line)
CITY OF LAKE ELSINORE
BY:__________________________________________
Grant M Yates, City Manager
CITY OF LAKE ELSINORE
ATTEST:
_________________________________________
Susan Domen, City Clerk
CITY OF LAKE ELSINORE
VICINITY MAP
PM 37477
Project Site
IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL MAP NO, .371111M
ALL OF LOT 23 AND PORTIONS OF LOTS 24, 26 AND 27, INCLUSIVE, IN BLOCK 6 OF HEALD'S FIRST ADDITION
FOUND COTTON SPINDLE AND WASHER, FLUSH,
TO ELSINORE, AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 205 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, IN SECTION 9, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN.
MARKED "LS 7008," PER Rs 139/47. COMMERICAL DEVELOPMENT RESOURCES, INC. JANUARY 2018 w%
N79 51 r 33 . W 881.91- (N79 • 51 , w 33 W 882.06r • r w r • , • ) {N79 50 4o W 881.70 1 [N79 50 4o W]
O \
A -24'59 0`60' "
LAKESHORE DRIVE N1o•08'27 "E (R) 50.00' (a•24•ss: �ftjp —� ''�'zz• ' �i�? o / /.�"/ ,-,
Wx24' �R`30 OO .� ?3• •� (// ",r�Q�
W EASEMENT NOTES / / 8-15 • so aD . dip Q
III
14o-15-06, �" �' ' `C) FOUND COTTON SP I POLE AND WASHER. MARKED
(n THE RIGHT OF WAY IN FAVOR OF SOUTH ELSINORE MUTUAL WATER COMPANY THROUGH ' N III I a / J LS 5346, FLUSH, PER CR 02 -511.
AM ACROSS ANY PORTION OF SAID PROPERTY FOR SURFACE OR UNDERGROUND I i I I I .W / 48' + ?�
PIPELINES, WITH PERPETUAL RIGHT OF ENTRY UPON SAID PROPERTY FOR THE / I o I I "
I I I I l le° s sj: � a*01
W CONSTRUCTION, MAINTENANCE, RENEWAL AND REPAIR OF SAID PIPELINES; ALSO �+ •
RIGHT OF WAY THROUC#1 AND ACROSS ANY PORT I ON OF SA I D PROPERTY FOR THE �'\ f
CONSTRUCTION OF POLE LINES FOR TRANSMISSION OF ELECTRIC POWER. WITH SEE DETAIL a 1 �' <+ �,► .
PERPETUAL RIGHT OF ENTRY FOR THE CONSTRUCTION, MAINTENWrCEr RENEWAL AND / — _ J II � — — '45 »E �' 1 ?� a. 40.
REPAIR OF SAID TRANSMISSION LINES AS SHOWN IN A DOCUMENT RECORDED IN THE / — — — I I L — — t489 ��'
OFFICE OF THE oouNrY RECORDER ON .x1LY 16, 1918, IN BOOK 489. PAGE 165, OF / 1 -- 170• ��-
DEEDS. SAID RIGHTS OF WAY CANNOT BE LOCATED FROM THE RECORD. w 1m 00, / I I SET FOR PAAARCELS 1- 55NT � PER I _ 1 �' ' <+ +i
/ I I PM 74/90 -91, WERE SEARCHED
/ I FOR AND NOT FOUND. 1 4.
BASIS OF BEARINGS
SHEET 2 OF 2 SHEETS
GRAPHIC SCALE-
( IN FEET )
1 inch = 100 ft.
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE EASTERLY LINE OF PARCELS 1 AND 2
OF PARCEL MAP 14989, RECORDED IN BOOK 74, PAGES 90-91 OF PARCEL MAPS, AS SHOWN
ON SAID PARCEL MAP; I.E. NORTH 00.13'30" WEST. I _
o
LEGEND 19 _ g �\
INDICATES A FOUND 1" IRON PIPE, OPEN, FLUSH, ACCEPTED AS MONUMENT SET
t- \
PER PM 74/90 -91, SET DISC MARKED "LS 8211,m UNLESS oTHERW 1 SE NOTED. � 1 1 1 � � � 1 1 0 � 1 c� �►+ �,� \
J
■ INDICATES A FOUND LEAD AND DISC, MARKED "LS 7131," FLUSH, PER RS 118/27.
INDICATES A FOUND MAG NAIL. NO RECORD, FLUSH, ACCEPTED AS POINT ON CENTERLINE
OF DIAMOND DRIVE, 2.00 FEET NORTH OF INTERSECTION WITH CAMPBELL STREET, UNLESS
OTHERWISE NOTED, REPLACED WITH SPIKE AND WASHER MARKED "LS 8211," FLUSH. / i i I�- — 30.00
1 FOUND 1" IRON PIPE, OPEN, —
O INDICATES A SET 1" IRON PIPE AND DISC, MARKED "LS 8211," FLUSH. / I _ _ J 1 FLUSH, ACCEPTED AS MONUMENT '� '276-6-00
�
❑ INDICATES A SET LEAD AND DISC, MARKED "LS 8211," FLUSH. / — 1 SET PER PM 74/90 -91. — .45 »E — \ FOUND 1" IRON PIPE AND DISC MARKED
"LS 6896," FLUSH, PER RS 139/47.
() INDICATES RECORD DATA PER RS 139/47. / 15
� —� -------------- � �...
INDICATES RECC>!i0 DATA PER RS 47/50 -51. ------ — —' — — — — — — — —
{ INDICATES RECORD DATA PER PM 74/"1. I _ _
In L - - 13
1pW3698,"
< > INDICATES RECORD DATA PER RS 118/27. �Q FOUND 1" IRON PIPE AND DISC MARKED 1
D "LS FLUSH PER PM 74 _ - III � \
(( )) r °
\
INDICATES RECORD DATA PER PM 228/70 -71. d-
(R) INDICATES "RADIAL" BEARING.
N.T.S.
I $ \
INDICATES "NOT TO SCALE . " ClItVE DATA
- -- \ ;�
CALC INDICATES "CALCULATED." �. C1 x06.49'53" R- 1150.00' L- 137.11' $ 1 \ \ o'.
W
/ \ C2 x02.08'06" R- 1150.00' L- 42.85'
LINE DATA — gxll
/ c L 1 NOO' 13'30 "W 9.36'
4%C0 L2 N89'46'30 "E 14.57' _
`�' \ I iC _ -�-
r ,� e' ~ LOT 'All
41 107•
t .29
N139•44'45 "E 30.00' \ i
� SITE w � � � / 1 1 _ _ " IRON PIPE WITH r� s� 15 PARCEL 1.4j// 2_' 1i - - — DISC •MISSING, FLUSH. ACCEPITED
�C� J r� {� �� ® — — — — AS MONUMENT SET PER PM 182/19 -24. \
\ —J CAMPBELL ST J .54 ACRES
3 GROSS
_ 21,852.18 SO. FT . GROSS
Q r FOLD 1" 1RON PIPE AND DISC MARKED \
18,532.34 So. FT. NET �`j J 1 1 ^ "LS 6896." FLUSH, PER PM 228 /70 -71. ,
r' ! ! 2�
05 ))
LAKE ELSINORE STORM
� � � � 1 TREE1 2e0; 03 --=_
�S L S
DO \ s C A►BE�" _
150.00'
150; 45 »E 170.00' \ 2.00' N. T. S. v 3'$ ((378._— (tog' 44' '10 »E 6� »E� ,
DETAIL '" \ —�.-� ",x•44'45 "E 6 8�.3,')) [9 10
VICINITY MAP "� _ - - --- .,5N�
NO SCALE SCALE: 1 " =50' �" ((�
)0