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Home My WebLink About1973-02-06; City Council; 1024; Poinsettia Lane Grade Separated RailwayTHE CITY Agendz Bill No. /dn# OF CARLSBAD, CALI FORNXA Referred To: Subject : Submitted By: d Poinsettia Lane Grade Separated Railway Overcrossing Public Works Director Statement of the Matter The City has entered into an agreement with the Developer of land bordering Poinsettia Lane to pay for one-half the construction costs of a 2-lane grade separated crossing of AT&SF no later than August 31, 1973 (3 years from date of annexation of development) (see Exhibit A). This agreement also calls for the City to construct a second 2-lane crossing (at such time as the City determines); the Developer will reimburse one-half of the construc- tion costs to the City. Roadway approaches to the crossings are the responsibility of the Developer. The terms of the agreement require the City to make every reasonable effort to obtain third party participation in sharing the cost of the second crossing. The City has applied to the P.U.C. for Grade Separation Funds for the subject crossing. We have been notified that the crossing is high enough on the priority list (29th in the State) that the City can expect State funds for 50% of - all costs of constructing the grade separation. 50% of design, 4 lanes of overcrossing, earthwork, and approach roads, and overhead)- the alternatives and costs are summarized in Exhibit B (it is pointed out that these are extremely rough estimates). As can be seen by the estimates, alternate #3 is the most logical choice for the following reasons: a) the City is already obligated to contribute approximately $45,000 toward the construction of a 2-lane crossing by August 1973, and b) that same $45,000 can be used for the 4-lane crossing using available PUC funds. (i.e., Exhibit A. Agreement of July 7, 1970 B. Poinsettia Grade Crossing estimate ------ Staff Recommendations Adopt a motion authorizing the expenditure of Revenue Sharing funds in an amount not to exceed40-000 for the construction of the City's share of a 4-lane over-crossing over AT&SF Railroad right of way at Poinsettia Lane. AB No. .. - Ci t y Ma na g e r ' s Re co mmen d a ti on Request State to ca.rry over. 1972-73 Grade SeDaration Funds allocated to .- Carlsbad to 1973-74 and instruct Staff to budget project for 197.3-74 . with C'ity's portion of project to come from Revenue Sharinq Funds. .* .- Council Action 2-6-73 At the request of*Cwn.Chase, thi.s matter was continued until the next meeting. 2-20-73 The Council approved the project in principle and the State .notified that it is the Council's intent t.o proceed with the - plan in fiscal year 1973-74. _- .. -2- 8 I I c' AGREEMENT OF JULY 7 , 1970 PARTIES : The Parties to this Agreement are THE CITY OF CARLSBAD, A Municipal Corporation of the State of California, hereinafter re- ferred to as CITY; and H. B. DEVELOP?.IENT , hereinafter referred to as DEVELOPER. RECITALS : This Agreement is made with reference to the following facts: 1. DEVELOPER intends to annex to City certain real property and thereupon to develop said property according to plans and speci- fications on file with CITY. 2. Part of said plans and specifications involve the building 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 as re- quired by CITY will be of benefit beyond the limits of DEVELOPER'S property. 4. Parties hereto wish hereby to provide for a division of the costs involved in said construction. COVENANTS: Now, therefore, it is mutually agreed between the Parties here- to as follows: -3 1. DEVELOPER shall construct a two lane, grade separated -,-.- -_--. e*&-.' .- ..+--El I 1- crossing of the railroad right of way in h ment of according to the plans and sepcifications therefore approved by CITY. -%#@e.-** ~-_L .-?-- *~mzlr+aW Qllarahjb- EXH I B IT "A" . . .. .. ‘L I 1, . 2. CITY shall pay to DEVELOPER Lipon demand therefore, one- half (1/2) of said costs of construction, either three (3) years from the date of annexation of DEVELOPER’S porpoety to CITY, or upon the final completion and acceptance of said construction, whichever occurs later. 3. The second two lane, grade separated crossing of the railway right of way shall be constructed by CITY at such time as the CITY determines that the traffic flow justifies it. CITY shall construct said second two lane, grade separated crossing according to plans and specifications therefore approved by CITY and DEVELOPER shall construct necessary roadways 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 completion of construction of said second crossing, DEVELOPER shall pay to CITY upon written demand therefore, one- half (1/2) of the CITY’S costs of the construction of said second crossing. 5. DEVELOPER will provide the plans and specifications suit- - able for both crossings and CITY will use said plans and speci- fications for construction of the second crossing. and specifications will be subject to the approval of CITY, the railroad, and any and all appropriate governmental agencies. The cost of said plans and specifications for both crossings shall be included as part of the costs for the first crossing. Said plans 6. In order to provide CITY with security that DEVELOPER will its obligations hereunder, DEVELOPER shall make and deliver a prcmissory note in the amount of $40,000.00 as shown on A, -attached hereto and by this reference incorporated herein, ‘ by a First Trust Deed on a certain property located in the $1 .. .I %\on Exhibit B, attached hereto and by this reference incorporated herein. 23 *.’\ ” 4,- .: \j d -2- I I P 7. CITY will make every reasonable effort to obtain third party participation in sharing the cost of construction of said second crossing including but not limited to the Public Utilities Commission, subdividers, improvement districts, and all other parties who might legally be required to participate in sharing the cost of construction. 8. payment of said promissory note reconvey said trust deed to DEVELOPER. interest accruing to DEVELOPER until such time as the construction of the second crossing is completed when said 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. CITY will upon written demand to CITY from DEVELOPER and Said funds to be placed in a holding account with 9. Upon completion of 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 paragraph four (4) above, CITY may demand payment of said promissory note, the amount of which is estimated to be DEVELOPER'S share of the costs of construction of said second crossing. If DEVELOPER fails to pay said note upon demand, CITY may proceed to exercise its remedies under said trust deed. CITY OF CARLSBAD By: GENERAL MANAGER TflZE -3- f POI NSETT IA GRADE SEPARATION COST EST IMATES (ROUGH COST ESTIMATES) ALTERNATIVE #1 Developer builds 2-lane crossing, City pays 50% of construction of bridge, no PUC funds. I TEM CITY DEVELOPER STATE COST Des i gn -- $20,000 -- $20,000 Bridge Structure $45,000 45,000 -- go, 000 Bridge Approaches -- " 50 , 000 -- 50,000 TOTALS $45,000 $11 5,000 -- $1 60,000 ALTERNATIVE #2 Same as alternate #1 except second 2-lanes built with 50% PUC funds (assuming funds are available). ITEM CITY DEVELOPER STATE COST Des i gn -- $22,500 $ 2,500 $25,000 Bridge Approaches -- 75 , 000 25,000 100,000 Bridge Structure $67,500 67,500 45,000 180,000 TOTALS $67,500 $165,000 $72,500 $305,000 ALTERNATIVE #3 Build 4-lane crossing utilizing existing PUC funds. ITEM C IT'% DEVELOPER STATE COST Des i gn -- $10,000 $10,000 $ 20,000 Bridge Approaches -- 50,000 50,000 100,000 Bridge Structure $45,000 45,000 go, 000 180,000 TOTALS $45,000 $105,000 $150,000 $300,000 EXH I B I T "B'l