HomeMy WebLinkAboutEncinitas, City of; 1995-04-13;April 13, 1995
Mr. Lauren Wasserman City Manager
City of Enchitas
505 South Vulcan Avenue
Enchitas, CA 92024
Re: Agreement with the City of Enchitas
The Carlsbad City Council, at its meeting of April 11, 1995, adopted Resolution No. 95-94, approving an agreement with the City of Encinitas and the Religious Corporation, Tamamitsu Jinja, for the dedication of road easements along La Costa Avenue.
Enclosed is a copy of Resolution No. 95-94 and a copy of the
agreement for your records.
$qd Assistant Ci Clerk CMC
KRK: ijp
Enclosure
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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THREE PARlY IMPROVEMENT AGREEMENT
AND AMENDMENT TO
CIRCULATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 13th day of APRIL
, 1995, by and between the CITIES OF CARLSBAD AND ENCINITAS, municipa
corporation, hereinafter referred to as "Carlsbad" and "Encinitas", and the RELIGIOUS
CORPORATION, TAMAMITSU JINJA, hereinafter referred to as "Developer".
RECITALS
A. Developer's property is located in Encinitas, just south of Carlsbad's boundary
and the Developer desires to access its property from La Costa Avenue.
B. Developer would be required to obtain encroachment and right-of-way permits
from Carlsbad to construct its access on La Costa Avenue.
C. Developer desires to convey all necessary road, slope and drainage easements
along its property on La Costa Avenue to construct bridge and road widening projects.
D. Developer would be required by Encinitas to install frontage improvements on
La Costa Avenue as a condition of development.
E. In return for the conveyance of road, slope and drainage easements, Carlsbad and
Encinitas and Developer desire to enter into this agreement wherein it is provided that Carlsbad
will install and complete, at Carlsbad's expense, full street improvements along Developer's
property on La Costa Avenue and allow a right-turn-in/right-turn-out access location to the
property.
F. That Encinitas and Carlsbad desire to amend Section IV-c-6 of the Circulation
Agreement approved on July, 12, 1994 to waive the La Costa Avenue frontage improvement
requirement as a condition for the Developer's site development condition, if Developer conveys
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the necessary road, drainage, and slope easements to Encinitas within thirty (30) days of the date
of this agreement in the form of the permanent and temporary easements set forth on Exhibit "A
hereto.
G.
H.
This agreement is of mutual benefit to Encinitas and Carlsbad.
The proposed easements are necessary to facilitate the construction of the
La Costa and 1-5 interchange which is currently under design.
NOW, THEREFORE, Developer, Carlsbad, and Encinitas agree as follows:
That the above recitals are true and correct;
That Dr. Hiroshi Motoyama, the undersigned signatory on behalf of the
Developer is authorized to transfer property and execute this agreement on behalf of the
Religious Corporation Tamamitsu Jinja.
DEVELOPER AGREES:
1.
2.
I. To execute and deliver road, slope and drainage easements as shown on
Exhibit "A" in recordable form in favor of and to the City of Encinitas within thirty
(30) days of the date of execution of this contract.
If and when approved for development by Encinitas, install a driveway that permits
right turn in/right turn out of the property at approximately 900' east of Piraeus
Street, Encinitas, California, Station 49+30 of the La Costa Avenue improvement
glans, Drawing No. 308-5, dated February 21, 1990 on file with Carlsbad's City
Engineer, or if the development plans change at another reasonably practical
location along La Costa Avenue and approved by Carlsbad City Engineer and
match the driveway with the then existing improvements.
2.
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3. Apply for and obtain encroachment and right-of-way permits from Carlsbad tc
construct, at its sole expense, a deceleration lane along the property from Piraeus
Street to the proposed driveway serving the property at approximately 900’ Pror
Piraeus Street, or at another reasonably practical location approved by Carlsbad
City Engineer.
Construct and/or install improvements in compliance with the Bus Stop Standards
and requirements of the North County Transit District, at the same time as Items 2
and 3 are accomplished, unless waived by the North County Transit District.
4.
CARLSBAD AGREES:
1. That its future approval of the permit or permits required for the driveway in
No. (2) above will allow right-turn-in/right-turn-out access to applicant’s property
to La Costa Avenue.
To make provisions for U-turn movements from La Costa Avenue westbound to
La Costa Avenue eastbound at Piraeus Street.
As part of Carlsbad’s 1-5/ La Costa Avenue Interchange Improvement Project
(Contract No. 11 -1 67844)’ to install road improvements along Developer’s property
frontage on La Costa Avenue within the permanent easement and the limits of
said project.
2.
3.
4. As part of La Costa Avenue improvements, to complete the remaining
improvements within the permanent easement area along Developer’s property
frontage, in accordance with Drawing No. 308-5 dated February 21, 1990 and on
file in the office of Carlsbad’s City Engineer.
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ENClNlTAS AGREES:
1. If and when Developer submits and obtains development approvals substantiall)
similar to its Preliminary Site Analysis Plan Alternative B-1 dated October 15, 1991
or such other development program substantially in compliance with its agreemen
stated above, to waive normal road improvement requirements on La Costs
Avenue.
To convey all Developer's road, slope and drainage easements to Carlsbad upon
recordation.
2.
CARLSBAD AND ENClNlTAS MUTUALLY AGREE:
To hereby amend Section Ill-c-6 of the Circulation Agreement approved on July 12, 1994
to waive the La Costa Avenue frontage improvement requirement as a condition for the
Developer's site development to be effective, if and when Developer conveys the necessary road,
drainage, and slope easements to Encinitas within thirty (30) days of the date of this agreement
in the form of the permanent and temporary easements set forth on Exhibit "A" hereto.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the parties with respect to the subject
matter. In the event of any action or proceeding in court or arbitration to enforce or interpret the
provisions of this agreement, the prevailing party in any such action or proceeding shall be
entitled to recover its attorney's fees in addition to costs of suit in such action or proceeding. All
modifications, amendments, or waivers of the terms of this agreement must be in writing and
signed by the appropriate representatives of the parties. In the case of Carlsbad, the appropriate
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party shall be the Mayor of the City of Carlsbad. In the case of the City of Encinitas, the
appropriate party shall be the Mayor of the City of Encinitas.
Executed by the Religious Corporation, Tamamitsu Jinja this 7+k day of
5 II
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clmmsL a mu icip I or oration ,ac,.
Mayor Chuck DuVivier
DATE: 3 -a&-%- DATE: q+ /3-?Sd
ATTEST:
a.LLOLop. %
ALETHA L. RAUTENKRANZ, City Clerk J
APPROVED AS TO FORM:
RONALD R. BALL
City or y
Deborah Cervone, City Clerk
By: Lf2.k City Attorney e/. /z. 9 f.
RELl G I OUS CORPORATI ON
TAMAMITSU JINJA
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Sign Name U
-Dr. I4crB5.L. * Mob,, ma,
Print Name and Title
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STATE OF f& )
or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and