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HomeMy WebLinkAbout17A - FINAL TRACT MAP SHEA HOMESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 1, 2018 TITLE: RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 18055 BY CITY ENGINEER, AND APPROVE A PUBLIC RIGHT-OF-WAY MAINTENANCE AGREEMENT WITH SHEA HOMES (2001 WEST MACARTHUR BOULEVARD) {STRATEGIC PLAN NO. 3,2) CnAANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 101 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and file certification and approval of Final Tract Map No. 18055 by the City Engineer. Authorize the City Manager and Clerk of the Council to execute a public right-of-way maintenance agreement with the Developer, Shea Homes Limited Partnership, a California limited partnership, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION This report informs the City Council of the imminent approval of this subdivision based upon the Subdivision Map Act and meeting of all the conditions of approval set by the City. The City Engineer has received Final Tract Map No. 18055 (City Tract Map No. 2017-01) for 2001 West MacArthur Boulevard (Exhibit 1) from Shea Homes Limited Partnership, a California Limited Partnership, and is in the process of reviewing the map for technical accuracy and final approval. This map approves subdividing a property into forty-two residential lots and five common area lots for the development of a residential community. The lots are located in the Specific Development No. 4 (SD -4) zoning district. The Tentative Map No. 18055 was approved by the City Council on October 3, 2017. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 1, 2018. As part of the subdivision project, the Developer will construct and maintain certain improvements at the project frontage of Jaguar Way and MacArthur Boulevard. Some of the improvements are decorative paving located within Jaguar Way at the project's private street entrance, meandering sidewalk, parkway, and parkway landscape, including trees, along MacArthur Boulevard project 17A-1 Certify Final Tract Map No. 18055 Approve Public Right -of -Way Maintenance Agreement May 1, 2018 Page 2 frontage. A public right-of-way maintenance agreement identifies the maintenance obligations by the developer, and succession of obligations by the homeowners association (Exhibit 2). The public right-of-way maintenance agreement with the developer will relieve the City from being responsible for such maintenance. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action Edwin "W1liamrGalvef, P.E. Acting Executive Director Public Works Agency Exhibits: 1. Map 2. Public Right -of -Way Maintenance Agreement 17A-2 555.71' 3 1 4 5 6 1 7 1 8 9 10 11 12 13 6 ARTISAN WAY (PRIVATE STREET - D) FEE 21 20 19 18 17 16 15 14 22 23 24 25 26 27 28 29 S ARTISAN WAY (PRIVATE STREET - D) N F z L41q66' 39 3 3743635 34 33 32 31 30 CURB AND GUTTER CURB AND GUTTER 112' �MACARTHUR BOULEVARD I FL CURB AND GUTTER w a EXHIBIT 1 SANTA ANA TRW TRACT MAP N0. 18055 AND PMAINTENANCE AGREEMENT � 1 2001 W MACARTHUR BOULEVARD 17A-4 RECORDING REQUESTED BY: Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618 Attn: Ms. Gina Gordon MAINTENANCE AGREEMENT FOR ARTISAN PUBLIC RIGHT-OF-WAY THIS MAINTENANCE AGREEMENT FOR ARTISAN PUBLIC RIGHT-OF-WAY ("Agreentent'� is made and entered into as of 201_1 by and between SII LA, -I Q,ly1ES_LIMITED�PARTNERSHII',;.a California limited partnership ("Developer"), and CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"). Developer and the City may collectively be referred to herein as the "Party" or the "Parties." RECITALS: A. Developer is the owner of certain real property located in the City of Santa Ana, County of Orange, State of California, more particularly described as Lots 1 through 42 inclusive and Lots A through E inclusive of Tract Map Number 18055, as shown on a subdivision map filed in Book , Pages _ through _, of Miscellaneous Maps, Records of Orange County, California incorporated herein by reference (the "Developer Property"). Developer intends to develop the Developer Property as part of a residential community to be commonly known as "Artisan." B. City and Developer wish to establish maintenance obligations and to establish certain rights incidental to the public right-of-way ("ROW'S near portions of the Developer Property as shown on Exhibit "A," attached hereto and incorporated herein. C. Developer intends to form a non-profit mutual benefit corporation homeowner's association to own the Developer Property and to perform Developer's obligations pursuant to this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: Maintenance Obligations of ROW. SMRH:485365450.4 -I- EXHIBIT 2 17A-5 A. Developer Responsibility. "Maintenance Area" means the private street entrance decorative pavement, parkway and sidewalk within the ROW which are generally depicted on Exhibit "A," attached hereto and incorporated herein. The "Maintenance Area Improvements" means decorative pavement, parkway, parkway landscape, sidewalk, street trees, street tree wells, irrigation improvements and storm drain improvements within the Maintenance Area. Developer shall perform the following with respect to the Maintenance Area and Maintenance Area Improvements: (i) Keep the Maintenance Area reasonably free of plant and landscape debris. (ii) Repair damage to the Maintenance Area due to the elements of ordinary LIMAwA (iii) Maintain and replace the street trees and parkway landscape within the Maintenance Area. Maintenance shall include, without limitation, watering, fertilization, mowing, edging, trimming of grass, tree and shrub pruning as needed and as requested by the City, and shaping of trees and shrubs to maintain a healthy, natural appearance, safe street conditions and visibility, replacement, as needed, of all dead plant materials, control of weeds and double staking for support of trees. Maintenance Area at all times shall be landscaped and have street trees. Street trees must be approved by the City. (iv) Weed abatement. All fertilizers, pesticides, and other materials shall be applied in accordance with all applicable laws, ordinances and regulations pertaining to the use and application of such substances. (v) Maintain the decorative pavement in a safe and walkable condition. B. City Responsibility. The City shall maintain the curb and gutter, curb ramp and street lights in a good condition of maintenance and repair and shall perform all necessary graffiti removal within the ROW. 2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Maintenance Area and Maintenance Area Improvements until such time as the City, in its sole and absolute discretion, elects to maintain such area at which time the applicable area shall no longer constitute a part of the Maintenance Area. In such event, the City shall provide a notice of termination of the Maintenance Areas in writing to Developer. 3. Use of ROW. The ROW shall be accessible by the general public. Except for work to be performed pursuant to this Agreement, Developer shall not perform any improvement work or similar activity within the ROW unless it has first been approved by the City. 4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the MaintenanceaserA�and/or the aintenance Area Improvemen s, as se forth above, thea the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Maintenance Areas or Maintenance Area Improvements ("Defects Notice'. The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in SNM:485365450.4 -2- 17A-6 the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no Iess than fifteen (15) days after Developer's actual receipt of the Defects Notice. If the City determines a hazardous situation exists which must be remedied immediately ("emergency sitaation'�, then the City will provide written notice to Developer specifying the emergency situation must be remedied within twenty-four (24) hours or such other time as may be mutually agreed upon by the Parties. If after notice from the City Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice.. City or its assignees shall have the right of access, ingress and egress upon and across the Maintenance Areas as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer's contractors, or other thud party maintenance company to complete the remedial work. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be bome solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement. 5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by Developer and reasonably acceptable to City), and hold City, its officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys' and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation or maintenance activities by Developer or its contractors or agents in the Maintenance Area. 6. Assignment. Developer shall have the right, upon written notice to the City, to assign all of Developer's rights and obligations set forth in this Agreement to a homeowners association ("Association's formed to manage the residential project to be constructed on the Developer Property. Developer hereby covenants and warrants for itself, and for its successors and assigns, that any deed or other instrument conveying fee title to any portion of the Developer Property to the Association shall expressly state and require that the Association assume all of the Developer's obligations under this Agreement. Upon recording the Declaration of Covenants, Conditions and Restrictions for Developer Property, and after assigning Developer's rights and obligations under this Agreement to the Association, the Association shall have all rights and -obligations o€Developerset-forth-in-this-Agreement; and-Developer-shall-thereai%r-have-no—fadher rights, liabilities or obligations under this Agreement and shall be automatically released from all liability under this Agreement. The written notice of the assignment to the Association of the Developer's rights and obligations under this Agreement shall contain appropriate contact information for the Association, including, without limitation, the Association's property sMILHt485365450.a -3- 17A-7 manager's name, telephone number, address, the effective date of the assignment of the Developer's rights and obligations to the Association, and a recorded copy of this deed or instrument assigning the Developer's rights and obligations to the Association. 7. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. 8. Affected and Benefited Land. covenants contained in this Agreement is the ("Benefited Land') benefited by the covenant Property and the ROW. The land (`Affected Land's affected by the Developer Property and the ROW. The land contained in this Agreement is the Developer 9. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party: If to Developer: Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618 Attn: Ms. Gina Gordon If to Ci : City of Santa Ana Executive Director of Public Works Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed oftrust encumbering the Developer Property. 11. Headings. The titles or headings of the sections of this Agreement are not a part Agreement. SNMH:485365450.4 -4- 17A-8 12. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. SMRH:485365450.4 -5- 17A-9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. ATTEST: Title: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: qir _ U. fi,�,,. k John V.Funk Assistant City Attorney ITO RUo Qael rA Edwin "William" Galvez Acting Executive Director Public Works Agency SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership "Developer" CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California by:_ Name: "City op SMRHASS365450A -6- 17A-10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA • 0 - On before before mea Notary Public, personally appeared l < r , who prov d to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 the foregoing paragraph is true and correct. WITNESS my hand and official seal. BONNIE MACEWAN•CAMPBELL Commission N 2065922 Notary Public • California Orange County Comm, Ex Ires Ma 24, 201 B r Notary Public —� (SEAL) SMRHAS765150A -7- 17A-1 1 !' 17A-11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA • • rL0 before a Notary Public, personally appeared '���� C �� who prove to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 the foregoing paragraph is true and correct. WITNESS my hand and official seal. NotPublic .� ary SMRH;485365450A -8- 17A-12 BONNIE MACEWAN•CAMPBELL Commisslon # 2065922 Notary PUDIIc • Calllornla OrangeQComm. =May Ma 24 2016+ (SEAL) EXHIBIT "A" MAINTENANCE AREA [See Attached] SMRII:485365450.4 EXHIBIT "A" 17A-13 SMRH.'485365450A 1018 5.:07 PY) F JAGUAR WAY N2 N EXHIBIT "A" 17A-14 m SMRH.'485365450A 1018 5.:07 PY) F JAGUAR WAY N2 N EXHIBIT "A" 17A-14