Loading...
HomeMy WebLinkAbout1974-06-05; City Council; Resolution 3434i t 4 t r 1 E 5 1C 11 12 1: 20 c - 0 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ANNOUNCING FINDINGS ANDDECISION ON A SPECIFIC PLAN (SP-142) ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ELM AVENUE BETWEEN HIGHLAND DRIVE AND PI0 PIC0 TO ALLOW THE DEVELOPMENT OF A FINANCIAL AND PROFESSIONAL COMPLEX. APPLICANT: DAVID A, ELLSWORTH WHEREAS, a duly advertised public hearing was held on January 8, 1974 before the Planning Commission to consider adoption of a Specific Plan (SP-142) to allow for the development of a financial and professional complex on property generally located on the south side of Elm Avenue between Highland Drive and Pi0 Pico, more particularly described as: Portions of Tract 119 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County March 1, 1915; and WHEREAS, at the conclusion of said hearing on January 8, 1974 the Planning Commission of the City of Carlsbad adopted Resolution No. 993 recommending adoption of said plan which is herewith referred to and made a part hereof; and WHEREAS, on the 5th day of jllnp , 1974, the City Clouncil held a duly advertised public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the proposed Specific Plan; and WHEREAS, said application has complied with the require- ments of the City of Carlsbad Environmental Protection Ordinance of 1972, and has been declared to have a nonsignificant impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 993 constitute the findings of the City Council. 3. That the approval of the proposed Specific Plan is necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code. 4. That the City Council of the City of Carlsbad intenLs to adopt an ordinance to effectuate the proposed Specific Plan subject to certain conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of June , 1974, by the follow- ing vote, to wit: AYES : Cmn. Frazee, Chase, McComas, Lewis. NOES : None. ABSENT: None ATTEST : (SEAL) 2. U ferred $0 as CITY; and H - B . DEYELO?!IEN'i - DEVELOPER*.' . .- RECITALS : hereinafter referred to as This Agreement. is made with reference to the following f&t~: I, DEVELOPER intends to annex to City certain real property.' fications on file with CITY. ." . 2. Part of szid plans and specifications involve the build.ing Of grade separated railway crossings as shown thereon, 3. The Parties hereto agree that CITY should pay a portion of - the' costs of said crossings because the construction thereof &.$e- quired by .CITY will be of .benefit beyond the. IimLts Of,DWLOpERr'S; - -- -. .. .- .- .- _. -< r - -.. -_ .- ._ -._ -: _. property, -. . - - 4. . Parties hereto wish hereby to provide for 2 divisi~n of tht _. costs invdlved in said construction- COVEXANTS : , ... . .-. . .- 1 - .. . _- I EXHIBIT ''A" _-- .. .- --- I riij.i;ay right of vay shall be constructed by CITY at such tine 2s th:: CITY detemines that the traffic 5lor.r justifies it, CITY shall construct said second tiso lar-e, grade iepzrated crossing according to plarrs and specifications therefore approved - I -- I by CITY and DEVELOPER shall construct necesszry roadwzys to' connect .the said second crossing to the then existing roadway system within DEVELOPER'S property upon written demand by CITY therefore, accord- ing to plans and specifications approved by CITY: -. 4, On coinpletion of construction of said second crqssing, DEVELOPER shall pay to' CITY upon written denax& therefore, one- half. (I/Z) or' the CITY'S casts of the construction of said second crossing. .. . .* ..- 5 - DEVELOPER_w_iil I-. provide .---- the21 ans agZ-specif icaciork suit- able for both crossings-and CITY will-use said plans and sgeci- . - ficatibns for construction of the second crossing, and specifications will be subject __ _. to . 'the .. appPqval . -- ------ - *- -- ~aid _. . px&s . . - .. -- ~ . of *- -CITY; .. -. .ti. -- .I -- railroad, and. aiy and ail appropriate govekzntel age el* .The . cost of said plans and specifications r'or bo"& crosstngs shall be- included as part of the costs for the first crossing, 1 6, In order to provide CITY with security that DEVELOPER will , perPam its obligations hereunder, DEVELOPER shall make and &liver to CTIY a promissory note in tha amount of $~O,OOO-OO as shoijn on Exhibit A1-.$ttached hereto 2nd by this reference incorporated herein, ' ! .- secured by a First Trust Deed on 3 certain pro2,erty located irs the. Caunty Of'Orange, State of California, particularly described on Exhibit €3, attached hereto and by this reference incoqorated herel I i .. . :> ;a i I i I I i I &-* I i ti ,'J ,I I I1 : 7. CITY will make every reasoaable effort to obtain third party participation in shariag tAe cost of constr~ction of said second crossing including but not liniteO to -the ?ublic Utilities Co.mission, subdividers ~ improvenent districts, 2nd all 0the.r parties who night legally be requir6d to yarticipzte in sharing the cost of construction. .. -- 8 8. CITY will upon written demand to CITY from DEVELOPER and payment of said promissory note reconvey said trust deed to DEVELOPER. Said funds to be placed in a holding account with interest accruing to DEVELOPER until such time as-the'construction - of the second crossing is completed when saiq sums will be dis- bursed to CITY in sufficient amount to cover DEVELOPER'S share of the CITY'S cost as described above, and the balance if any to be returned to DEVELOPER, 9, Upon completion dS the second crossing, if said promissory note has not been paid as described in paragraph eight [?8) above,- or payment by DEVELOPER has not been made as described'in paragrapk' four (4) above, CITY may demand payment of said promisssry note, the amount of which is estimated to be DEVELOPER'S share of the costs of construction of said second crossing. If DEVELOPER faiis .. .- to pay said note upon dem.and, CITY may proceed to-exercise -its- -. __ - - -. - .. - -- .. renedies under said trust deed, ~ -._ . CIm OF CARLSBAD By: GENERAL XANAGER c-l 1. 'i' In E -3- 253.55 : @der KO. Escrow 30, SPACE ABOVE -wis LISE FOR RECO~QER-S USE 1 1 w cw .&y of JUZV 70 t 19- &bis gx &ruf;t, Made this 6th herein c&ed TRUSTOR, sztbe?n HALER IMC a corpora tion \vhose address ii 280 IJils’nil-e Avenue, Suite 105, Anaheim, California 92801 .. _- WESTEXN TITLE INSURAPiCE COMPANY, a corporation, hercin called Trustee, and the CITY OF CARISBAD. , haein cdkd BENEFIC:IARY7 mitne%e%: That Trustor irrevocably GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, ;hat real property in thz city Of Btlena Park a nuzlicipal corporation * County of Orange , State of Califarnia, described as: . ~ -- Lots 53 and 54 of Tract No, 3234, in the city of Bcena Pagk, county of. Orange, state of California, as per map recorded in book 97, pages 42 to 49 inclusive of Miscellaneous Maps3 in the office: 03 the COUR~Y recorder of: said county, *I EXCE:FT ail bil, gas and other hydrocarbon substances lying beneath sa%d land, i?s reserved by Marshall S. Emry, also known as Charles G, Emery, Jr,, and Peggy Emery Engl, also known as Margaret Enery Engf, in.deed recorded July 10, 1956, in book 3572, page 173 of Official Records, which deed provides as follows: “together with theyright to enter said lands at any timil, or from time to time, at a depth below 500 feet from the surface thereof ~ . for the purpose of extracting, producing and marketing -‘such.oil, subatances .” .. THAT IF fhlPRESSED WTN THE SEAL OF ORANGE COUP4TY A TRUE COPY CF THE DGCU!fENT FILED OR RECOaDED DOCU?,fENr NC). 3926 d. WYUE CARLYLE, County. Recorder ORANGE COGNTY, STATE OF CALliORNlA ,- thereof, SUBJECT; HOWEVER, to the right. power and authority given io ad &f&d ._ Beneiici?cybby Paragapb 5 of Part Bbf the provisions incorporated herein by refcrrncr to coilect and apply such rents, issua and profits, for the purpose of securing-payment of the indebtedness evidenced by a promissory note, of even date herewith, executed by Trustor in the sum of S 40 7 Goo- O0 . any additional sums and interest thereon hereafter loaned by’Bencfici’rtry to-the ihen recod owwr 07 & property which loans are evidenced by a’promissory note or notes containing a recitation that chis Deed of Trust secures the payment thereof, any lawful charge made by Beneficiary for a statement regarding the obligations secured hereby requested by or for Trustor, 3.cd the performance of each agreement herein contained. The provrsions of Part A and the provisions Of Part B of the Deed of Trust recorded in rhe office o€ the County Re- ->. corder o: each of the following counties in the State of California on the date and in the Book and at the Page designated after the name of ea& County. %hi& provisions are identical in each Deed of Trust. shall be and. they are hereby incorporared herein and nzde an integd pan hereoF . ‘ for akptirpnie\ as though sei forth herein at length. .e - comfy Date Book Page Co nn ty -. Dare -’ Book Psge Kern ................ .October 1,1965 3880 116 Santa Barbara ......... .October 7.1965 2123 ‘!I70 i 29 Orange .............. .September 1,1960 5101 305 San Diego ... October 1. I965 Series 6 Eo& 1965, Pagr €791$$ 13 Veotura .............. .October 1, 1965 2872 2;s .......... Los Aageles .September 1. 1360 T1443 40 San Bcmardino ........ .Mach 38. I960 5094 Riverside .............. blsrch 28, 1960 2663 591 San Luis Obispo ....... .October 1.1955 1369 Trustor requests that a copy of any Notice of Default and a copy of my Notice Of Salt hercup+ be mailed to himzt his address given hercia. STATE OF CALIFORNIA 1 -L.’ ............................ .......................................... - iss- ColLnlu of Orange a hrofnr3 P!c5!ic, in and for said Stats, personctly appecred the undersigned ....................................... .............................................. Arthur B. P’i’Pant { ,<- 1 o~... July 6 17’0 ........, before me, .................... -.. . -; . .......................-... c 0 AGREEMENT FOR AT & SF RAILROAD OVERCROSSING AT POINSETTIA LANE -_ THIS AGREEMENT dated for convenience as of August 14 , 1973, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and OCCIDENTAL LAND INC., a California corporation, hereinafter referired to as "OCCIDENTAL". W I TN ES S ETH: ---------- WHEREAS, the CITY and H. B. Development entered into that certain Agreement of July 7, 1970, hereinafter referred to as "Original Agreement", a copy of which is attached hereto as Exhibit ''A" and incorporated by reference herein, as a necessary part of the developments planned by H. B. Development for the subject property located in the City of Carlsbad; and .... WHEREAS, H. 9. Development thereafter conveyed the real property generally referenced in the Original Agreement to OCCIDENTAL. OCCIDENTAL has proceeded with the development plans of H, B. Development which include as a necessary part thereof the improvements as provided in the Original Agreement; and WHEREAS, the CITY considers the Original Agreement to be, therefore, the obligation of OCCIDENTAL; and WHEREAS, OCCIDENTAL recognizes that with their purchase of the subject property and pursuit of the development plans therefor that they have assumed the obligations of the Originabl Agreement; and c-, WHEREAS, OCCIDENTAL is agreeable to performing the covenants on the part of H. €3. Development to be performed 6. in the Original Agreement and CITY is agreeable to accepting said performance as hereinafter restated and amended; NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: -- 1. CITY herewith releases H. B. Development from any and all liability under the Original Agreement, and the CITY further agrees to take all steps necessary to release any and all securities furnished by H. B. Development to secure said agreement. 2. The Original Agreement is hereby declared to be superseded and cancelled by this agreement. 3. OCCIDENTAL shall retain at OCCIDENTAL'S sol e expense, a 1 i censed ci vi 1 engineering consul tant to prepare detai'led plans and specifications for the constructfan of a four lane, grade separated, overcrossing for Poinsettia Lane at the AT & SF Railroad line in the City of Carlsbad, hereinafter referred to as the "Project". The Project shall include not only the bridge structure, but also the approaches to the structure consisting of the required grade, paving, curbs gutters, sidewalks, utility relocations and modifications to the railroad. The term "approaches" shall include that portion of Poinsettia Lane which will require a change of grade as a direct result of the bridge structure. Said consultant shall prepare said plans and specifications in accord with CITY requirements to the satisfaction of the City of Carlsbad City Engineer. Said consultant shall coordinate with all appropriate agencies, so that said plans and specifications may be sub,"itted by the CITY to the Public Utilities Commission and the California State Highway *'L 0 e Commission by August 15, 1973, if at all possible. 4. CITY shall make application pursuant to the California Coastal Zone Conservation Act of 1972 to the San Diego Regional Coastal Commission for a permit to construct the Project. -- 5. CITY shall with due diligence utilize its best efforts to obtain State of California Grade Separation Funds for said Project and shall make appropriate applications therefor to the Public Utilities Commission and the California State Highway Commission. 6. Upon receipt of information from the State of California that the allocation of grade separation funds requested by CITY for said Project has been granted, CITY shall so notify OCCIDENTAL. At the same time, the Engineer for CITY shall prepare an estimate of the costs of the Project. estimate is complete. Said estimate shall include the CITY'shall notify OCCIDENTAL that said - determination by CITY of the estimated share of the total costs of the Project to be deposited by OCCIDENTAL. Upon receipt of the said estimate and said notice, OCCIDENTAL shall forthwith deposit with CITY the full amount in cash of the estimate by CITY of the share of the Project's cost to be deposited by OCCIDENTAL. CITY in estimating the cash to be deposited by OCCIDENTAL shall first estimate the total cost of the Project and then deduct the estimate of the contribution to be made by CITY to said costs. In estimating the amount of the CITY contribution, CITY shall separate the cost for work within the Santa Fe Railroad right of way from the total cost of the Project. CITY shall deduct from the estimate of costs for work within said right of way, a sum equal to 25% of said costs up to, but not to -!-,, exceed, an amount of $60,000.00. The balance remaining shall constitute the cash to be deposited by OCCIDENTAL. 7. At the same time the deposit by OCCIDENTAL is made, OCCIDENTAL shall be responsible for delivering to CITY all documents necessary to grant to CITY all right of way and slope easements necessary for the Project with the exception of documents to be obtained from the .. _- Santa Fe Railroad Company. 8. Upon receipt by CITY of said deposit by OCCIDENTAL and said documents, CITY shall proceed to advertise for bids for the Project. 9. CITY shall let a contract in its name for the construction of the Project in accordance with the plans and specifications prepared and approved pursuant to Paragraph 3 above, within a reasonable time after the State Grade Separation Funds have been allocated for this Project. Construction contracts for the construction of the Project shall be awarded to a contractor or con'tractors licensed under the laws of the State of California and such construction contracts shall be awarded by CITY on the basis of competitive bidding, following the procedure required by the applicable laws of the State of Catifornia and the Carlsbad Municipal Code relating to the awarding of contracts of a similar nature by the CITY, 10. The CITY may order changes in the work and approve change orders therefor during construction of the Project without the consent of OCCIDENTAL. The costs of such changes shall become part of the overall project costs. CITY shall notify OCCIDENTAL of all change orders prior to approving sameo 11. Subsequent to the award by CITY of the contract or contracts for the Project, CITY may draw on the deposit by OCCIDENTAL as necessary to fund said contract. In the event project costs exceed OCCIDENTAL'S deposit, ,I .- c c CITY shall advance the necessary amounts subject to final accounting, credit, payment and reimbursement upon completion of the Project as hereinafter provided. 12. CITY shall require that the contractor or contractors provide faithful performance bonds and labor and material bonds in favor of the CITY in an amount of not less than 100% of the contract price for faithful performance and 50% of the contract price for labor and material, with sureties and bond forms satisfactory to the CITY. items : a) 13. Upon the final completion of the Project, the CITY shall prepare an accounting of the total cost of the Project. Said accounting shall be forwarded to OCCIDENTAL within sixty (60) days of final completion, and shall include, but not be limited, to the following - amounts paid to the contractor or contractors; cost of any materials directly paid for; relocation or suspensfon of any utility lines; engineering fees and services; construction staking and construction inspection; and any direct expenses incurred by CITY in connection with the Project. CITY shall also account for the balance, if any, of the deposit by OCCIDENTAL, any advances made by CITY, the amount of Grade Separation Funds received for the Project, and the amount of said funds attributed to that portion of the Project located within the railroad right of way. AI 5. - -. Said accounting shall also include a statement by CITY of the total amount of the CITY contribution to the costs of the Project and the reimbursement to OCCIDENTAL to be made as hereinafter provided. 14, OCCIDENTAL shall be responsible for the -- total cost of the Project with the exception of the CITY'S share. The CITY's share shall be determined as follows: a. CITY shall determine the cost of that portion of the Project located within the Santa Fe Railroad right of way. b. The CITY shall determine the amount of State Grade Separation Funds which have been received which are allocable to the cost computed pursuant to (a} above. c. +he CITY's share shall be one-half of the amount resulting after subtracting (b) from (a)"above in an amount up to, but not to exceed, $60,000.00. 15. The CITY's share shatt be paid to OCCIDENTAL as follows: a. The amount of the CITY's share determined pursuant to Paragraph 14 hereof shall be reduced by any advance made by CITY pursuant to Paragraph 11 hereof. be If any balance of the CITY'S share remains, said amount shall be paid forthwith by CITY to OCCIDENTAL. c. If the said advances exceed said share, the amount of such excess shall be carried over to the computations in Paragraph 16 hereof. 16. OCCIDENTAL shall be reimbursed by CITY for a portion of the costs of the Project as follows: a. The"'tota1 amount of State Grade Separation Funds received by CITY for the Project shall be determined. 6. .. . 0 Q 0 b. Said amount shall be reduced by the amount, if any, of the excess carried forward pursuant to Paragraph 15(c) hereof and CITY shall retain said reduction. c. The balance of a17 the State Grade Separation Funds received by CITY for the Project shall be paid forthwith to OCCIDENTAL by CITY. -. 17. If CITY has not been successful in securing ,-,an allocation of State Grade Separation Funds for the Project by March 30, 1975, OCCIDENTAL agrees to immediately commence construction of a two lane, grade separated crossing of the Santa Fe Railroad right of way for Poinsettia Lane at the sole expense of OCCIDENTAL according to the plans and specifications therefor approved by CITY. In conjunction with said construction, OCCIDENTAL shall also construct all necessary approaches to accommodate a four lane crossing at said site. Said constructions shall satisfy all liability of OCCIDENTAL and its cooperating developers in regard to the Poinsettia Lane Grade Separation. * 18. Effective upon release by CITY of security posted by H. B. Development to secure their performance under the Original Agreement, OCCIDENTAL agrees to furnish a $40,000.00 faithful, performance bond to CITY in a form acceptable to the City Attorney. CITY OF CARLSBAD ED AS TO FORM ,\’- City Attorney D INC. I !,‘I~,,,”’‘ . .. . ~.. . ‘ * STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On this day of August, 1973, before me a Notary Public, State of California, duly commissioned and sworn, personally appeared DAVID M. DUNNE, known to me to be the M,ayor and MARGARET E. ADAMS, known to me to be the Clerk of the Council, respectively, of the CITY OF CARLSBAD, a municipal corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of the Council of said City of Carlsbad. IN WITNESS UHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. OFFICIAL SEAL STATE OF CALIFORNIA ) COUNTY OF a@%%%& f. ) ss. t-2 . On this 8 day of August, 1973, before me5 the undersigned, a Notary State, personally appeared Presi of the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. 4ecr e t ary IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate fir,st above written. %*, State of California a.