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HomeMy WebLinkAboutCC 12 FINAL PM 84-1033 4-15-85 CONSENT CALENDAR ~"-DATE: APRIL 15, 1985 TO: FROM: SUBJECT: HONORABLE I*AyoR AND CITY COUNCIL COMMUNITY DEVELOPMENT DEPARTMENT FINAL PARCEL MAP 84-1033 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: R. B. ENGINEERING ON BEHALF OF KING COOPER 2911 AND 2961 OOtJ AVENUE PLANNED COI~UNITY INDUSTRIAL THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS 15 BACKGROUNO AND DISCUSSION: The subject map of 4,933 acres has been submitted to subdivide one parcel into two (2) parcels. Proposed parcels one (1) and two (2) are fully developed with industrial buildings. Parcel I - 84 spaces required, 139 provided Parcel II - 85 spaces required, 101 provided Both parcels comply with the zoning regulations and are in conformance with the Tustin Area General Plan. On January 14, 1985 the Planning Commission recommended approval of Tentative Parcel Map 84-1033 by the adoption of Resolution No. 2202. On February 4, 1985 the City Council approved the tentative map by the adoption of Resolution No. 85-14 which granted the owner the right to retain the common sewer service to both parcels. A covenant, which grants a perpetual easement from parcel 2 to parcel I for the sewer lateral has been reviewed and approved by the City Attorney. These C.C. & R.'s (which are attached to this report) also covered parking area easements, maintenance of the properties and drainage. On April 8, 1985 the Planning Commission recommended approval of Final Parcel Map 84-1033 by the adoption of Resolution 2221. The final map is in compliance with the tentative map. City Council Report April 15, 1985 Page two RECOI~ENDATION: Recommend approval of Final Parcel Map 84-1033 by the adoption of Resolution No. 85-31. MAB~ ANN(~HAMBERLAE R MAC:per Enclosures: Resolution No. 85-31 City Council Resolution No. 85-14 Tentative Map Final Map C. C. & R.'s Community Development Department 1 2 4 5 ? 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 ~6 27 28 RESOLUTION NO. 85-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL PARCEL MAP 84-1033 LOCATED AT 2911 AND 2961 DOW AVENUE The City Council of the City of Tustin does hereby resolve as follows: II. The.City Council finds and determines as follows: That Final Parcel Map No. 84-1033 was submitted pursuant to Ordinance NoL 847 by R.B. Engineering on behalf of King Cooper for the purpose of creating two lots from one lot known as 2911 and 2961 Dow Avenue. B. That said map is in conformance with the Tusttn Area General Plan. Ce This project is categorically exempt from the requirements of the California Environmental Quality Act. The City Council hereby approves Final Parcel Map No. 84-1033 subject to the final approval of the City Engineer. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the day of , 1985. ATTEST: FRANK H. GREINKE, Mayor MARY E. WYNN, City Clerk 1 2 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 85-~4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY TUST[N, APPROVING TENTATIVE PARCEL MAP 84-[033 LOCAT[D AT 29[[ AND 2961 DOW AVENUE The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That Tentative Parcel'Map No. 84-1033-was submitted pursuant to Ordinance No. 847 by R.B. Engineering on behalf of King Cooper for the purpose of creating two lots from one lot known as 29[1 and 2961 Oow Avenue. B. That said map is in conformance with the Tustin Area General Plan. C. This project is categorically exempt from the requirements of the California Environmental Quality Act. II. The City Council hereby approves Tentative Parcel Map No. 84-1033 subject to the following conditions: A. Construction and/or replacement of all missing or damaged publdc improvements will be required and shall include, but not be limited to, the following: PASSED AND the 4th day of 1. Oft veway s 2. Domesttc water servtces 3. Fire services 4. Sidewalks Sanitary sewer laterals Separate domestic water service and any required fire service shall be provided to each parcel. Reciprocal access agreement which should be shown on the map. The proposed property line at the northerly end of the parcels shall be made into a planter area rather than a parking space. If the owner retains the common sewer service then the owner shall record a covenant which grants a perpetual easement from parcel 2 to parcel 1 for the common sewer lateral. These documents shall be reviewed and approved by the City Attorney. AOOPT£D at a regular meeting of the Tustin City Council held on Feb~uar.7 , 198S. URSULA E. KFNNEDY, Mayor TENTATIVE: PARCEL MAP NO. 84-1033 42213 PARCEL MAP NO. 84-1033 IN ~ C~i'Y (~F TUST~N, ~UNTY OF ST&T~ OF C.~.JFORNL~ 4228 0~,,- (. .... LL) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Paul C. Hegness, Esq. GOOD, WILDMAN, HEGNESS & WALLEY 5000 Campus Drive Newport Beach, CA 92660 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS This declaration is made as of this ~-~ day of ~;~.~4 , 1985, by The Dow Avenue Partners, a California general partnersnip.(hereinafter "Declarant"). RECITALS WHEREAS, Declarant is the owner of certain real property (hereinafter "The Subject Property") in the County of Orange, State of alifornia, which is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference; WHEREAS, in order to establish a general plan for the maintenance, upkeep, improvement and development of the Subject Property, Declarant desires to impose on the Subject Property certain covenants, conditions, restrictions and reservations of easements upon which all of the parcels within the Subject Property shall be used, held, improved and conveyed; WHEREAS, each and every provision and restriction contained herein shall be imposed on every parcel within the Subject Property as a mutual equitable servitude in favor of all other parcels within the Subject Property; and WHEREAS, each benefitted portion of the Subject Property is to be the dominant estate and each burdened portion of the Subject Property is to be the servient estate. DECLARATION 1. Estahliahm~nt_of_Rea~r£m~i oas · Declarant hereby declares that the Subject Property is now held, and shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the covenants, conditions, restrictions and reservations of easements hereinafter set forth. The purpose of these covenants, conditions, restrictions and reservations of easements is to insure the proper maintenance, upkeep, improvement, development and use of the Subject Property. -1- 2. Utility Easements and Rights of Entry. a. Par kin~_A][e a_Ea s e ments. Declarant hereby reserves non-exclusive easements appurtenant for the parking of vehicles within the areas established for such purposes on the subject property for the benefit of each parcel owner and its tenants, occupants, lessees, invitee~ and licensees. No parcel owner or his tenants, invitees and licensees shall impede the access of any other parcel owner, or its tenants, occupants, lessees, invitees or licensees from using said easements. Said parking easements shall carry with them all necessary easements for access, ingress and egress for vehicular and pedestrian traffic. b. ~. Declarant hereby expressly reserves for the benefit of each and every parcel within the Subject Property a non-exclusive easement appurtenant over each parcel of the Subject Property for purposes of installing, laying and maintaining all lines, wares, conduits, pipes and related equipment for purposes of supplying the utilitiy services listed below to each parcel within the Subject Property~ 1. Electrical 2. Domestic Water 3. Fire Water Service 4. Sewerage 5. Telephone 6. Gas Said easements shall include all laterals required to bring the respective utility services to each parcel. Said easements shall be in the location as installed as of the date of the recordation or this Declaration or at such locations as determined by the Managing Owner and in accordance with the City of Tustin's "Minimum Design Standards for Public Works Improvements ~onstructed within Public Rights of Way or Improvements to be maintained with Public Funds." Said easements shall also include incidental easements for maintenance, repair and replacement of the above-mentioned lines, wires, conduits, pipes and related equipment. Said easements shall not be used in such a manner so as to unreasonably interfere with the use and enjoyment of any parcel within the Subject Property. 3. Maintenance and Assesments. a. Shared_MaintenanceS. The owner of the largest single parcel with the Subject Property on a square footage basks shall be the Managing Owner. The Managing Owner shall be responsible for supervising and coordinating all maintenance and repair work done on the herein described utility services. The Managing Owner shall be responsible for entering into all agreements on behalf of all owners of parcels within the Subject Property for purposes of maintaining all utility services, -2- hookups and conduits in a manner consistent with the safe operation of such utilities pursuant to the guidelines established by the utility companies providing the respective utility services. The cost for the maintenance and repair of the utility services shall be paid for by each owner of a parcel within the Subject Property based on the percentage that the square footage of his parcel bears to the total square footage of the Subject Property. Tha Managing Owner shall assess each parcel owner on a monthly basis for the actual cost of maintaining and repairing the easements and utility services by mailing a bill to each owner. Each parcel owner shall pay said bill for his parcel(s) within thirty (30) days of receipt. In the event of a major maintenance and repair expenditure, the Managing Owner shall give notice to each of the parcel owners of said estimated expense. For purposes of this agreement a major maintenance and repair expenditure shall be an estimated expense for any month that exceeds one hundred percent (100%) of the average monthly expense for the previous year. Each parcel owner shall pay to the Managing Owner their proportionate share of the estimated major maintenance and repair expenditure within fifteen (15) days of the date each owner receives notice of said estimated expense. All funds received by the Managing Owner from the parcel owners for maintenance and repair expenses shall be used solely for said maintenance and repair expenses except as hereinafter provided. All such funds received by the Managing Owner shall be deposited into a special checking account to be opened by the Managing Owner and said funds shall not be commingled with any other funds of the Managing Owner. Said funds shall be withdrawn only by check or other written instrument upon the signature of the Managing Owner or any other two parcel owners. The Managing Owner shall not be compensated for any such work done in connection of the supervision or coordination of such maintenance~ repairs, or assessments therefore with the exception of out of pocket expenses incurred in the performance of the Managing Owner's duties. All out of pocket expenses incurred by the Managing Owner shall be paid by each parcel owner, including the Managing Owner, in proportion to the square footage that his parcel(s) bears to the total square footage of the Subject Property. Said out of pocket expenses shall be included in each monthly bill for assessments. b. Maintenance of Landscape and Parking Areas. Each parcel owner shall maintain all of the parking lots, landscaping, and improvements located on its respective parcel of the Subject Property and keep them, at each parties own expense and cost, in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. Such maintenance will include, without limitation: -3- (1) Maintenance of the surfaces of the area, including concrete, asphalt and sidewalks, in a level, smooth and evenly covered with the type of surfacing originally installed on such, or such substitute as will in all respects be equal to it in quality, appearance and durability. (2) Removal of all papers, debris, filth, and refuse and washing or thoroughly sweeping paved areas as required. (3) Maintenance of such appropriate parking area entrance, exit and directional signs, markers and striping with repairs being made as required. 4. Indemnity and Liability Insurance. Each parcel owner shall indemnify and hold harmless each and every other parcel owner, its tenants, occupants, lessees, invitees and licensees from all claims, demands and judgments arising from the use of the parking area located within its respective parcel, unless the claim, demand or]udgment is caused by the negligence of the other parcel owner, its tenants, occupants, lessees, invitees or licensees. Each parcel owner shall provide public liability insurance with limits not less than One Million Dollars ($1,000,000) for each individual, Two Million Dollars ($2,000,000) for each accident and Two Hundred and Fifty Thousand Dollars ($250,000) for property damage in the performance of its obligations under this paragraph. The other parcel owners shall be namea as aaditional insureds on each such policy. Said obligation may also be discharged by self-insurance, if approved in writing by the other parties. 5. Drainage. No water shall be drained or discharged from any parcel or Improvements thereon and no owner shall interfere with the drainage established as of the dates of these restrictions in or over the remainder of the Subject Property, or any other property adjacent to such site, except in accordance with plans therefore approved by all public agencies having jurisdiction. 6. Duration. This Agreement and each easement, covenant, right and restriction shall continue in effect until a mutual written consent to termination executed by each owner of a parcel within the Subject Property and the Director of Community DeveLopment for the City of Tustin is acknowledged and recorded in the o~fices of the County Recorder, County of Orange, State of California. This Agreement may not be modified or amended without the written consent of the parties and the Director of Community Development for the City o~ Tustin, and no such modification or amendment will be effective until such written instrument setting forth its terms has been executed, acknowledged and recorded in the offices of the County Recorder for the County of Orange, State of California. -4- 7. Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the Subject Property to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement will be strictly limited to and for the purposes expressed herein. 8. Severabilit~. If any clause, sentence or other portion of the terms, conditions, covenants or restrictions of this Agreement becomes illegal, null or void for any reason or held by any court of competent jurisdiction to be so, the remaining portions will remain in full force and effect. 9. ~~. Except to the extent otherwise provided herein, all notices, statements, demands, approvals, or other communications (referred to as "notices") to be given under or pursuant to this Agreement will be in writing, addressed to the owners at their respective addresses at the Subject Property and will be delivered in person, or by certified or registered mail, postage prepaid. If mailed, the notices will be deemed to have been given three (3) days after the date of mailing. 10. Dominant and Servient Estates. Each and all of the easements and rights granted or created herein are appurtenances to the applicable portions of the Subject Property and none of the easements and rights may be transferred, assigned or encumbered, except as an appurtenance to such parcels. For purposes of the easements and rights created herein, the property benefited will constitute the dominant estate, and the particular area within the Subject Property which respectively is burdened by such easements and rights shall constitute the servient estate. 11. Smamaaaka_Ban_Hl~h-Laa~. Each and all of the covenants, restrictions, conditions and provisions contained in this Agreement (whether affirmative or negative in nature): a. are made for the direct, mutual and reciprocal benefit of each parcel of land within the Subject Property; b. will create mutual equitable servitudes upon each parcel of land within the Subject Property in favor of every other parcel; c. will constitute covenants running with land; d. will bind every person having any fee, leased or other interest in any portion of the Subject Property at any time or from time-to-time to the extent that such portion is affected or bound by the covenant, restriction, condition or provision in question, or -5- that the covenant, restriction, condition or provision is to be performeO in such parcel; and e. will inure to the benefit of the parties and their respective successors and assigns as to their respective parcels within the Subject Property. 12. MiscellAneous. Neither party hereto, nor any of their agents, have made any statement, promises or agreements verbally or in writing in conflict with the terms of this Agreement. Any and all representations by either of the parties or their agents made during negotiations prior to the execution of this Agreement, which representations are not contained in the provisions hereof, shall not be binding upon either of the parties hereto. This Agreement contains the entire Agreement between the parties. In any action arising out o~ or relating to the terms and conditions or enforcement of this Agreement, the prevailing party in such litigation shall be entitled, in addition to all other relief awarded therein, to his reasonable attorneys fees. IN WITNESS WHEREOF, the undersigned has executed this instrument as o~ the date first written above. THE DOW AVENUE PARTNERS By:.~ ~., Partner ~t~errold Cole, ~artner DUKE TIMBER CONSTRUCTION CO. INC., Partner By:~' President -6- EXHIBIT "A" Parcel 9 in the City of Tustin, County of Orange, State of California, as recorded in Book 71, Pages 32 to 33, inclusive, of Parcel Maps in the office of the County Recorder of said County. -7- STATE OF CALIFORNIA J COUNTY OF ORANGE Iss, Ma rch 2 9, 19 8 5 ~ before me, the undersigned, a Notary Public in and for On sa d State, personally appeared - ' -~ '-':-'i'~- - Jerrold Cole personally known to me (or proved to me on the basis of Satis- factory evidence) to be the person that executed the within instrument as the partner(s), onbehalfof The Dow Avenue Part~lers ., the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature ~~,5. ~f~ ' Oleta D. Kiewatt 31 B/_"T~:~, OLETA D. KIEWATTJ~' i~ ~.~-~), PRINCIPA. OFFIC£ IN ,]l~ ORANGE COUNTy (This area for official notarial seal) STATE OF CALIFORNIA J )ss, COUNTY OF San Bernard~no } o~ April 1, 1985 ~ before, me, the undersigned, a Notary Public in and for saidState, personallyappearecL KING COOPER.. .TR. .... and Personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_ the the corporation therein namedl and acknowledged to me that sai~ d corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the partners Partners President and_ ------ Secretary, on behalf of D~ km T !?bet the partnership that executed the within instrument, and ack- nowledged to me that such corporation execufed the same as such partner and that such partnership executed the same. WITNESS my/gElid and officia~ seal. (This area for official notarial seall STATE OF CALIFORNIA }ss. c>' COUNTYOF ~an Bernard{nm E On April 1, 1985 before me, the undersigned, a Notary Public in and for o Kinq Cooper, Jr O said State, personally appeared ' personally known to me (or proved to me on the basis of saris- factory evidence) to be the person that executed the within instrument as t h e partner(s), onbehalfof Dow Avenue Partners , the partnership therein named and acknowledged to me that the partnership executed it. Signatur · (This area for official notarial seal)