ITEM 4. 12
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK
EASEMENT FOR THE DUKE REALTY DEVELOPMENT
LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED
WITH EP NO. 2020- 41
RECOMMENDATION: Adopt Resolution Accepting Public Improvements and Sidewalk Easement for the Duke Realty
Development Ic"cated at 16825 Murphy Parkway and
Authorize the Release of Bonds Associated with
Encroachment Permit No. 2020- 41
SUMMARY:
Duke Realty ( Duke), the developer for 16825 Murphy Parkway, has completed the construction of the public improvements associated with Encroachment Permit ( EP) 2020- 41. The approximate value of the improvements proposed to be accepted is 732, 888. 40, as shown in the project GASB 34 Report included as Attachment C".
These improvements have been inspected by staff and have been deemed complete by the City Engineer. The developer has provided a one- year warranty bond based on 10% of the construction costs and a lien release for the improvements being accepted. After the initial one- year warranty period, the costs to maintain these facilities will be covered through the City of Lathrop Maintenance Districts.
Staff recommends City Council accept the public improvements in accordance with City specifications and authorize the release of the bonds associated with the EP No. 2020- 41, including approval of a Sidewalk Easement.
BACKG ROU N D:
On June 15, 2020, the City of Lathrop Community Development Department approved Development Pfan No. DP- 16- 42 for the construction of a 382, 722 square foot building in the Commercial Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an
18. 70- acre site located within the Crossroads Commerce Center.
On June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. MSPR- 20- 57 ( MSPR) to authorize the construction of a new 346, 860 square foot warehouse building on an approximately 20- acre site. The MSPR modified the existing approval for Development Plan No. DP16- 49 ( LBA North).
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 The Conditions of Approval associated with MSPR- 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk.
Construction of the frontage improvements are complete and the approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB 34 Report. Duke is also providing the City a sidewalk easement along the frontage of Harlan Road as shown in Attachment " D".
After the initial one- year warranty period, the public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Maintenance Districts.
Duke provided a performance bond ( Bond No. 107253058) with EP 2020- 41 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. Staff request Council approve the release of the performance bond, the warranty bond would go into effect upon acceptance of the improvements.
Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 107253058 30164763
2020- 41 977, 900. 00 73, 288. 84
REASON FOR RECOMMENDATION:
Staff has inspected the offsite improvements for the Duke Realty Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. Duke has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
FISCAL IMPACT:
The approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB34 Report and the costs to maintain these facilities will be covered through the City of Lathrop Maintenance Districts.
The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 ATTACH M ENTS:
A. Resolution Accepting Public Improvements and Sidewalk Easement for the Duke Realty Development Located at 16825 Murphy Parkway and Authorize the Release of Bonds Associated with Encroachment Permit No. 2020- 41 B. Location Exhibit - 16825 Murphy Parkway Offsite Improvements C. GASB 34 Report - 16825 Murphy Parkway Offsite Improvements D. Offer of Dedication for Sidewalk Easement
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 APPROVALS:
I " Zv
Be Nabizadah Date
Assistant Engineer
1 I° t Zoz-Z
Brad ylor Date
City n e
o'
Cari James Date
Finance Dir tor
ZO• Z,2
Michael King Date
Assistant City Manager
2 ` Lo L
Salvador Navarrete Date
City Attorney
Z. Z,
St en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2020- 41 WHEREAS, on June 15, 2020, the City of Lathrop Community Development Department approved Development Plan No. DP- 16- 42 for the construction of a 382, 722 square foot building in the Commerciai Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an 18. 70- acre site located within the Crossroads Commerce Center; and
WHEREAS, on June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. MSPR- 20- 57 ( MSPR) to authorize the construction of a new 346, 860 square foot warehouse building on an approximately 20- acre site. The MSPR modified the existing approval for Development Plan No. DP- 16- 49 ( LBA North); and
WHEREAS, the Conditions of Approval associated with MSPR- 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk; and WHEREAS, construction of the frontage improvements is complete and the approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB 34 Report, included as Attachment " C" to the City Manager' s Report Duke Realty ( Duke) is also providing the City a sidewalk easement along the frontage of Harlan Road as shown in Attachment ' D" of the City Manager' s Report; and
WHEREAS, the public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Maintenance Districts; and
WHEREAS, Duke has provided a one- year warranty bond to guarantee replacement and/ or repair of the improvements as a result of defective materials, equipment, or defective workmanship for a period of one year from the date of acceptance; and
WHEREAS, Duke provided a performance bond ( Bond No. 107253058) to the City upon issuance of Encroachment Permit 2020- 41 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the warranty bond upon acceptance of the improvements; and
Table 1
Description Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 107253058 30164763
2020- 41 977, 900. 00 73, 288. 84
WHEREAS, City staff has inspected the offsite improvements for the Duke Realty Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete in accordance with the specifications by the City Engineer; and
WHEREAS, Duke has submitted lien releases for the improvements proposed to be accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements and sidewalk easement for the Duke Realty development located at 16825 Murphy Parkway and authorize the release of the performance bond associated with Encroachment Permit No. 2020- 41.
The foregoing resolution was passed and adopted this Sth day of August 2022 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
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Attachment D
RECORDING REOUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt fi•om pnyment of reco• ding fees( GC 27383)
SPACE ABOVE T} fIS LINE FOR RECORDER' S USE
Offer of Dedication
for Public Sidewalk Easement
THIS INTRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.
THE UNDERSIGNED GRANT R( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ 0. 00 RBTC Transfer to Govemment Aqencv camputed on full vaiue of property conveyed, or
O computed on fuil value less liens and encumbrances remaining at time of sale.
O Unincorporated area ( X) Gity of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, DUKE REALTY LIMITED PARTNERSHIP, legal landowner" Grantor( s)", hereby grants to CiTY OF LATHROP, a California municipal corporation "Grantee", a public sidewalk easement( the" Public Sidewalk Easement") for public purposes over all that real property situated in the State of California, San Joaquin County, City of Lathrop, and mare particularly described as follows:
See attached Exhibit° A" and Exhi6it" B" attached hereto and made a part hereof'** In witnass whereof the undersigned have executed this instrument on this 8 day of, '"- Grantor( s): DUKE REALTY L. IMITED PARTNERSHIP
By:
Nancy Shu tz
Regional Presid nt
ACKNOWLEDGMENT
A notary public or other o cer completing this
cer#ificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validit of that document.
State of California
County of Orange
On une 28, 2022 before me, Teri Tanaka, Natary Public
insert name and title of the officer)
personally appeared Nancy Shultz
who proved to me on the basis of satisfactory evidence to be the person( s) whase name( s) is/ are subscribad 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. f 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 afficial seal. TfRITaNAKA
Natary Pubhc• Galifomia
Orange County
Commission q 2266055
My Comm. Expires Nov b, 2022
Signature !,_ J.,, _' I.d m,A _ Sealj
EXHIBIT" A"
IEGAL DESCRIPTION
51DEWALK EASEMENT
TNE LAfVD REFERRED TO HEREIN BELOW 1S 51TUATED IN TNE CITY OF IATHROP, CC?UNTY OF SAN JOAQUIN, STATE OF CALIFQRNIA, BEING A PORT{ ON OF PARCEI 2 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 93- 11, FILED FOR RECORD OCTOBER 27, 1993, IN 800K 19 OF PARCEL MAPS, AT PAGE 67, OF SAN JOA4UIN COUNTY RECORDS, MORE PARTICUTARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAlD PARCEL 2 AS SHOWN ON 5AfD PARCEL MAP, SAIQ POINTAlSO BEING ON THE SOUTH£ RLY RIGHT OF WAY LINE OF HARtAN ROAD ( WIDTH VARIES):
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, 50UTH 0° 27' 30" WEST, 2. 99 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 2, TO THE BEGINNING OF A NON- TANGENT 603. 00 FOOT CURUE TO THE LEFT, TNE CENTER OF WNICN BEARS NORTH 2' OS' 07" WEST, SAID CURVE BEING ON THE SOUTHERLY LINE O AN EXISTING 3.00 FOOT SIDEWALK EASEMENT AS SHOWN ON THAT CERTAIN TRACT MAP NO. 2529 FlIED FOR RECORD SEPTEMBER 8, 1993, IN BOOK 31 OF MAPS AND PLATS, AT PAGE 85, SAN 1UA4UIN COUN7Y RECORDS; THENCE lEAVING SAID WESTERIY LINE OF SA1Q PARCEL 2, ANO AIONG SOUTHERLY LINE OF SAID EXI5TING 3. 00' SIDEWALK EASEMENT, ALONG SAID CURVE TQ TNE LEFT, THROUGH A CENTRAL ANGLE OF 3° 14' 23" FOR AN ARC DISTANCE OF 34. 09 FEET T4 THE PO1NT OF BEGtNN1NG;
THEfVCE CONTINUING ALONG SAID CURVE TO THE LEFT, AND ALONG SOUTHERIY LINE OF SAID EXISTING 3.00' SIDEWALK EASEMENT, HAVING A RADIUS OF 603. 00 FEET, THROUGN A CENTRAL ANGLE OF 5° 53' 08" FOR AN ARC DISTANCE OF 61. 94 FEET;
THENCE LEAVING SAID SOUTHELRY UNE OF SAID SIDEWAIK EASEMENT THE FOILOWING FOUR( 4) COURSES:
1) SQUTH 33° 53' 37" WE5T, 18. 45 EET TO THE BEGINNiNG OF A NON- TANGENT CURVE TO THE RIGH7, THE CEN7ER OF WHICH BEARS NORTH 10° 25' 12" WEST,
2) ALONG SAID CURVE TO THE RIGNT, HAVIN6 A RADIUS OF 479. 72 fEET, THROUGH A CENTRAL ANGLE OF 4` 18' 02" fOR AN ARC DiSTANCE OF 36. 01 FEET,
3) N{} RTM 89° S1' 18" WEST, 15. 45 FEET, AND
4} NORTH 0° 27' 30" EAST, 11. 55 FEET TO TNE POINT O BEGINNlNG.
CONTAINiNG 734± 5QUARE FEET OF LAND, MORE OR LESS.
AS SHOWN ON EXHIBIT" B" ATTACHED HERETO AND SY THIS REFERENCE MADE A PART HEREOF. bESCRIPTION PREPARED BY KiER& WRIGNT CIVIL ENGiNEERS& SURVEYORS, INC.
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