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HomeMy WebLinkAboutE-06 Tract 54057-3 Quitclaim and Termination of the Public Improvements AgreementAPPROVED COUNCILNIEVING CONSENT ITEM E-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: DANIEL BOBADILLA, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: NOVEMBER 7, 2016 SUBJECT: APPROVAL OF A QUITCLAIM AND TERMINATION OF THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR TRACT 54057-3 SUMMARY: In 2006, as part of the Rosedale Project, the City vacated portions of Sierra Madre Avenue to realign the road and perform other street improvements. As part of the street vacation process, this segment of Sierra Madre Avenue was renamed Old Sierra Madre Avenue. Unfortunately when this portion of the street was vacated, the Los Angeles County Flood Control District was inadvertently left without an easement to legally access the Beatty Flood Control Debris Basin, located at the west end of Old Sierra Madre Avenue. The proposed actions will approve a Quitclaim and Termination of the Agreement for Completion of Public Improvements for Tract 54057-3, providing a path for Rosedale Land Partners to grant an access easement in favor of the County. RECOMNIENDATION: Staff recommends that the City Council take the following actions: 1) Approve the Quitclaim and Termination of the Agreement for Completion of Public Improvements for Tract 54057-3; and 2) Authorize the City Manager to execute, in a form acceptable to the City Attorney, the Quitclaim and Termination of the Agreement for Completion of Public Improvements for Tract 54057-3. DISCUSSION: On July 2013, the City Council entered into an Agreement for Completion of Public Improvements with the developer, Tri Pointe Homes, Inc., as security for completion of public improvements within Tract 54057-3 located north of Sierra Madre Avenue. The developer completed all public improvements as required, and on June 6, 2016, the City Council formally accepted the public improvements within Tract 54057-3 and released Tri Pointe Home's faithful performance and labor and materials bonds. Quitclaim and Termination of the Agreement for Completion of Public Improvements November 7, 2016 Page 2 Tract 54057-3 includes a number of lettered common area lots, as well as a portion of the old road alignment of Sierra Madre Avenue. In 2006, the City vacated a portion of the old road alignment of Sierra Madre Avenue to facilitate a realignment of the road and to make other street improvements. In vacating this portion of the street, the County of Los Angeles lost legal access to the Beatty Flood Control Debris Basin, though physical access to the basin remains over Lot C of Tract 54057-3, currently owned by Tri Pointe Homes, Inc. As identified in the Tract Map, Lot C will ultimately be conveyed to the North Rosedale Homeowners Association (HOA) for permanent ownership and maintenance. The Los Angeles County Flood Control District has requested that the City of Azusa restore legal access to the County basin by granting an easement in favor of the County over Old Sierra Madre Avenue within Lot C. Rosedale Land Partners has agreed to coordinate the transfer of Lot C from Tri Pointe Homes, Inc. to Rosedale Land Partners to record the access easement in favor of the County, and then transfer Lot C to the North Rosedale HOA. Rosedale Land Partners and Chicago Title Company are requesting the City's cooperation in clearing title to Lot C by executing the attached Quitclaim and Termination of Agreement for Completion of Public Improvements prior the property being conveyed to the North Rosedale HOA, protecting the North Rosedale HOA from any liability for the public improvements already completed by Tri Pointe Home, Inc. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Prepared by: Daniel Bobadilla Director of Public Works/City Engineer Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Reviewed and Approved: Louie F. Lacasella Management Analyst Attachments: 1) Quitclaim and Termination of the Agreement for Completion of Public Improvements 2) Tract 54057-3 Map 3�s/36 y BOOK 1375 PAGE 3� £ 133HS 33S - f 110. 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AY. u 9.Jr �• 54057-1 M.B. 1312-39-47 LOT 8 TR4C7- NO. 052150, M. a. 1311-28-50 L -2Z I9' ) L=aY, P I AL This page is part of your document - DO NOT DISCARD 20181658148 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 12/29/16 AT 01:23PM Pages: 0011 FEES: 45.00 TAXES: 0.00 OTHER: 0.00 PAID: 45.00 @I�IIIIIIBINI��II�IIIIII�pIIIIIIIV�IIIII�I�I�IIIAIIIIIIVIIIII�llllnll LEADSHEET 201612292840093 00013077850 N�ure�u�mus 007999862 SEQ: 01 1111111111111111111111ii���i���rWmmimaeiiu A RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Document Number:13077850 11111 III Iliii II Illi I I. iii i II i iil Batch Number:7999862 i II liiIIIIII III I l l li Ili l ill SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE QUITCLAIM & TERMINATION AGREEMENT, TRACT 54057-3 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Jeffrey Lawrence Cornejo, Jr. City Clerk City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 (Space above for Recorder's use) QUITCLAIM AND TERMINATION OF AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS, TRACT NO. 54057-3, BETWEEN CITY OF AZUSA AND TRI POINTE HOMES, INC. Documentary Transfer Tax: $ EXEMPT. The value of the property in this conveyance, exclusive of liens and encumbrances, is $100.00 or less, and there is no additional consideration received by the grantor, R & T 11911. THIS QUITCLAIM AND TERMINATION OF AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS (this "Quitclaim and Termination Agreement") is made and entered into as of November 7, 2016, and shall be effective as of the date (the "Effective Date") upon which this Quitclaim and Termination Agreement is recorded in the Official Records of Los Angeles County, California, by and between TRI POINTE HOMES, INC., a Delaware corporation ("Developer") and the CITY OF AZUSA, a California municipal corporation (the "City"). 1. Agreement for Completion—of Public Improvements. Developer and the City hereby acknowledge and agree that pursuant to that certain Agreement for Completion of Public Improvements, Tract No. 54057-3, between City of Azusa and TRI Pointe Homes, Inc. recorded on October 7, 2013 in the Official Records of Los Angeles County as Instrument No. 20131443542 (the "Agreement for Completion"), Developer agreed to complete certain "Public Improvements", as defined in the Agreement for Completion, and to provide certain security, including a performance bond, a labor & material bond, a monument security fee, and a lien against the property described therein. 2. Completion. Developer and the City hereby acknowledge and agree that all of the Public Improvements have been accepted by the City and that the performance bond, the labor and materials bond, and the cash monument bond were exonerated. 3. Quitclaim and Termination. Developer and the City hereby quitclaim and terminate the Agreement for Completion. 4. Release from Record. The parties have executed, acknowledged and delivered this Quitclaim and Termination Agreement to provide notice that the Agreement for Completion has terminated, and for the purpose of removing the Agreement for Completion as an encumbrance to title. Therefore, upon the 1123346.02/OC 371307-00001/11.21-16/rmj recordation of this Quitclaim and Termination Agreement, the Encumbrances and the Agreement for Completion shall be released and removed from the title record. 5. Counterparts. This Quitclaim and Termination Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] 1123346.02/OC 371307-00001/10-4.16/rmj -2- IN WITNESS WHEREOF, the parties have executed this Quitclaim and Termination Agreement as of�j()\I. g , 2016. "DEVELOPER" TRI POINTE HOMES, INC., a Delaware corporation By: (signature) "CITY" ATTEST: (signature) (print name) City Clerk City of Azusa Its: Kelth .P .. Frankel Assist-ifft etary (print title) By: '701 {signature) iGk- 00od (print name) L Its: �5 ", perc 1 (Ar� (print title) -10f CITY OF AZUSA By: (signature) (print name) Its: (print title) 1123346.02/OC 371307-00001/10-4-16/rmj -3- IN WITNESS WHEREOF, the parties have executed this Quitclaim and Termination Agreement as of 1'�4LM tI 2016. "DEVELOPER" TRI POINTE HOMES, INC., a Delaware corporation "CITY" By: (signature) Its: (print name) By: (print title) (signature) Its: (print name) (print title) CITY OF AZUSA Troy L. Butzlaff, ICMA-CM City Manager By: (signature) P. (print name) Marco Martinez City Attorney Best Best & Krieger LLP Jeffrey L. Cornejo, Jr. City Clerk 1123346.02/OC 371307-00001/11-1-16/rmj -3- ACKNOWLEDGMENT 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 ) County of "Y - On On NOV • - �0� before me, _ ' nyw) 6 n , nsert name of notary) Notary Public, personally appeared who 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 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. Signature 1123346.02/OC 371307-00001/10-4-16/rmj -4- K. JOHNSON NOTARY PUBLIC - CALIP01N0 COMMISSION 0 215860 x. CHANGE COUNTY .;, My Comm. Exp. June 28. IM (Seal) ACKNOWLEDGMENT 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 ) County of Y P- ) �V' V)�0� On ��I(Y11� � � � ,before me, (insert name of notary) Notary Public, personally appeared ?-kl - d" 60 , who 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 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. K. JOHNSON NOTARY Pub • CJItIFORNIA WITNESS my hand and official seal. _� ��sa+�rsscoH � s: OF A ORANGE C OUNiY MV Cpmrn. Ekp, ,Q 2g 2020 Signature(Seal) 1123346.02/OC 371307-00001/10-4-16/rmj —5- 2016 All Capacity Acknowledgment 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 COUNTY OF LOS ANGELES ) CIVIL CODE, SECTION 1181, 1184 ) On November 8, 2016, before me, Adrian Garcia, CMC, Chief Deputy City Clerk of the City of Azusa, personally appeared Troy L. Butzlaff, City Manager of the City of Azusa, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Signature of Officer Adrian Garcia, CMC Chief Deputy City Clerk City of Azusa 2016 All Capacity Acknowledgment 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 COUNTY OF LOS ANGELES CIVIL CODE, SECTION 1181, 1184 ) On November 8, 2016, before me, Adrian Garcia, CMC, Chief Deputy City Clerk of the City of Azusa, personally appeared Marco Martinez, City Attorney of the City of Azusa, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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- Signature eal.Signa ure of Officer Adrian Garcia, CMC Chief Deputy City Clerk City of Azusa 2016 All Capacity Acknowledgment 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 COUNTY OF LOS ANGELES ) CIVIL CODE, SECTION 1181, 1184 ) On November 8, 2016, before me, Adrian Garcia, CMC, Chief Deputy City Clerk of the City of Azusa, personally appeared Jeffrey L. Cornejo, Jr., City Clerk of the City of Azusa, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. 5ignaCure of Officer Adrian Garcia, CMC Chief Deputy City Clerk City of Azusa