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Home My WebLink About1995-01-10; City Council; Resolution 95-5I( 0 0 EXHIBIT 1 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AGREEMENT TO ACQUIRE RIGHT-OF-WAY FROM THE GODDARD FAMILY TRUST WHEREAS, the City Council of the City of Carlsbad has determined it n desirable, and in the public interest to enhance public safety by constructir improvements along various City streets; and WHEREAS, property owned by the Goddard Family Trust is located in th Carlsbad at 'the northwest corner of Park Drive and Tamarack Avenue at the street add Park Drive, has frontage which requires such public improvements; and WHE:REAS, Goddard is empowered by the September 1, 1992 trust to trat property; and WHEREAS, City Engineer has negotiated an agreement to build, at its exper gutter, pavement, and sidewalk public improvements along said Goddard property fro1 provide priv(ate improvements and other compensation in return for the Goddard dec the easement for public street and public utility purposes; and WHEREAS, funds in the amount of $38,950 to accomplish both public ar improvements and other compensation are available from both Traffic Impact Fee: TransNet funds in Account Numbers 31 0-820-1 840-3391 and 342-820-1 840-3391, res NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, a.s follows: 1. 'The above recitals are true and correct. Ill Ill Ill Ill Ill II e 0 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The attached agreement to acquire right-of-way of the Goddard Fam approved and the Mayor is directed to execute same for the City of Carlsbad. 3. The City Clerk is directed to send conformed copies of the executed Ag Mamie Goddard, David E. Williams Attorney for Goddard, and the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 1 OTH day of JANUARY , 1995 by the following vote, to wit: AYE3: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: SZG THA Q, ENKmZ, City Clerk UR.EN R. KUNDTZ, AGsistant City Clerk (SEAL) II 0 0 4 AGREEMENT TO ACQUIRE 3997 PARK DRIVE RIGHT-OF-WAY FROM GODDARD FAMILY TRUST APN: 207-1 20-40 THIS AGREEMENT is made and entered into by and between the CITY OF CARLSE a municipal corpairation of the State of California, hereinafter referred to as "City", and Goddard Family Tirust by MAMIE APTE GODDARD, Trustee, or her named successor tru! under trust dated !September 1, 1992, hereinafter referred to as "Goddard". RECITALS WHEREAS, property owned by the Goddard Family Trust is located in the Cil Carlsbad at the northwest corner of Park Drive and Tamarack Avenue at the street addl 3997 Park Drive; and WHEREAS, Goddard is empowered by the September 1, 1992 trust to transfer property; and WHEREAS,, City has determined that it is necessary to construct public improvem along various City Streets in order to enhance public safety; and WHEREAS,, City wishes to build, at its expense, curb, gutter, pavement, and side public improvements along said Goddard property frontage, in return for the Goddard dedia of the easement for public street and public utility purposes, attached herein as Grant Dee Easement, said easement consisting of the grant deed, legal description (Exhibit A to grant d and plat to illustrate easement (Exhibit B to grant deed), and other consideration. WHEREAS, City proposes to construct said public improvements in accordance plans, City Drawing No. 336-1, Sheet 2 and Sheet 5 of 20 Sheets, and the Stan1 Specifications for Public Works Construction (Green Book), as modified and supplemente, the contract spec'ification for City Project No. 3391-2 as awarded June 28, 1994 by the Council and incorporated herein by reference; and 1 e e & WHEREAS, Goddard has negotiated with City through its attorney, David E. Williams, agreed to provide said easement for public street and public utility purposes, Grant D attached to this agreement, for certain other consideration; and WHEREAS, City of Carlsbad agrees to delay construction until July 1 , 1996; and NOW, THEWEFORE, in consideration of these recitals and the mutual covenants conta! herein, City and Goddard agree as follows: 1. Goddard shall execute the Grant Deed of Easement for the proposed partial ta of land, as described in Exhibit 1 attached, and deliver same to the City Engil within five (5) working days of execution of this agreement. 2. Goddard shall execute the City’s Right of Entry form included herein w provides permission to enter Goddard property for the purposes of facilitating con:;truction of sidewalk and/or other street improvements along the frontag the Goddard property. The construction may include clearing and grubt grading, preservation of existing drainage patterns, building support slopes an retaining walls, driveway modifications, and other miscellaneous remedial w The Right of Entry form is included by reference herein. The extent of intru will be such as required to construct the improvements agreed herein. 3. Goddard hereby grants City permission to enter upon Goddard’s property in o to accomplish all private improvements required by Paragraph 5b below. 4. City will delay construction until July 1, 1996. 5. As full and complete payment for said easement, City will: a. Make a payment of $2,750 to Goddard within thirty (30) days of the ( that the Grant Deed of Easement is recorded with the Recorder of Diego County. b. Construct said public improvements in accordance with plans, Drawing No. 336-1 , Sheet 2 and Sheet 5 of 20 Sheets, and the Stanc Specifications for Public Works Construction (Green Book), as mod, and supplemented by the contract specification for City Project No. 3: as awarded June 28, 1994 by the City Council and incorporated hereil reference; and c. Restore Goddard property concurrently with City construction by: w Relocating and reF acing existing fencing with new fencing a1 Park Drive and Tamarack Avenue in accordance with the plans specifications hereinbefore defined. 2 . * Replacing shrubs and trees as ? ollows: i - Mi:< of Trees Mix of Shrubs Type: Eucalyptus Lehmanni Type: Tecomaris Capensis Size: 15 Gallon Size: 15 Gallon Amount: 12 Amount: 12 Type: Tristania Conferta Type: Acacia Longifolia Size: 24" Box Size: 15 Gallon Amount: 6 Amount: 10 Planting ground cover, Delosperma Alba, a white trailing ice1 in public right-of-way behind sidewalk on both Tamarack Avl and Park Drive, which will provide coverage of same. Extending Goddard's existing irrigation system to accommoda Grading the site in accordance with the plans and specifica new plantings which are included in the scope of work. hereinbefore defined. Fill material used will be appropriate tc task and compatible with the surrounding area. H Providing drainage to be consistent with existing drainage patt Repairing Goddard's driveway in accordance with plans Removing and disposing of the wooden bridge located near and to provide positive flow to the public drainage system. specifications, hereinbefore defined. fence gate on Tamarack Avenue. (&O ft.', extending from the front door steps to an access gate Tamarack Avenue, avoiding exposed tree roots where warrar and practical. 8 Providing a four foot concrete walk (k300 ft.2) and landing t GODDARD FAMILY TRUST, by MAMIE APTE GODDARD, trustee, or her named successor trustee, under trust dated September 1, 1992 for the benefit of the Goddard Family January 11, 1995 Date d=L& Y&dcIucIL& Trustee f-/ APROVED AS TO FORM: &L-n. City Attorney L w: /-//-9r & .Po. /ciqg" Date APPROVED AS TO FORY FOR GODDAF FAMILY T $3- ..- d&zz2$%57 David E. Williams, ATTORNEY FOR MAN APTE GODDARD, trustee, or her naml successor trustee, under trust datl September 1, 1992 for the benefit of tt Goddard Family. 3