HomeMy WebLinkAbout1974-05-21; City Council; 539-2; Final Map Approval CT 71-02 Units 1 & 2 Lekeshore Gardens Mobilehome Park - South of Poinsettia Lave ease of AT & SF RR Applicant - Occidental Land Co Sequoia Pacific Real CoSupplement Mo, 2-Udi-.e May 21, 1974"" ...... ~ ..... ..... '"
Final map approval CT 71-2 Units 1 & 2 Submitted
(Lakeshore Gardens Mobilehome Park) Location: City Engineer"
south of Poinsettia Lane and east of AT&SF RR
applicant: Occidental Land Co/Sequoia Pacific Realco
S t a t erne n t: of t h e Ma 11 e r
Engineering staff has completed checking the subject final maps (exhibit
A) and recommend approval of these final maps subject to the following
conditions: .
1. That an agreement be entered into between Occidental Land.Co. and the
City of Carlsbad relative to the future acquisition of a storm drain ease-
ment to the Encina channel at no cost to the City in a manner acceptable
to the City. (see agreement, Exhibit B & Resolution, Exhibit C)
2. That Council accept the storm drain easement northerly over the Lusk
property and authorize the City Clerk to record the document (see storm
drain easement-Lusk, Exhibit D)
3. That an amended agreement be entered into between Occidental Land Co.
and the City of Carlsbad relative to the future construction of the
Poinsettia Lane bridge at the AT&SF RR. (see agreement. Exhibit E and
Resolution No. , Exhibit F)
Staff recommends that Council approve items 1, 2 and 3 and instruct the-
Mayor and Clerk to execute the documents as necessary.
Exhibit (to follow)
A. Final Map CT 71-2 Unit 1 & 2
.B. easement agreement
C. Resolution No .
D. storm drain easement-Lusk
E. agreement - Poinsettia bridge
F. Resolution No.
Staff Recommendations to City Manager
Adopt a motion 1) adopting Resolution No^/^.2- (exhibit C) and Resolution
Mo.^S^ (exhibit F) and instructing the Mayor and Clerk to execute and
record as necessary; 2) accepting the storm drain easement (Exhibit D);
and 3) approving the final maps of Carlsbad Tract 71-2 Unit No. 1 and
Unit No. 2.
Date.- May 21, 1974
City Manager's Recommendation ' ' •
This matter was continued from the May 7, 1974 at^ the request
of the City staff. The matter was complicated primarily because
of the Coast Qommission denial of the City's application to
construct the Poinsettia Bridge overcrossing.
The staff has renegotiated the -Poinsettia Bridge agreement with
Occidental to provide for a continuing guarantee that at least
two lanes of the bridge can be provided sometime in the future.
A review of this renegotiated agreement is still in process by
Occidental and the City, but we should have final resolution
.of the problem by the Council meeting. •
It is, therefore, recommended that final map approval be given
subject to the staff recommendation and verification at' that
meeting that all documents are in order. • "
Council Action . •
5-21-74 The final map was approved and Resolution #3432 was adopted approving
Agreement'and authorizing-execution of same. Also Resolution #3433
was adopted approving agreement.- re: Poinsettia Lane Grade Separation
I •.
A
CITY OF CARLSBAD
SUBDIVISION EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 21st
day of May, 1974, by and between OCCIDENTAL LAND, INC., a
California corporation, hereinafter referred to as "Occidental",
and CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Occidental desires to subdivide 163 acres
of land in the City of Carlsbad and in that regard has received
approval from City of tentative map CT-71-2. Said map was
approved subject to certain conditions by Resolution No. 3130
on file in the office of the City Clerk and incorporated by
reference herein; and
WHEREAS, Occidental together with Sequoia Pacific
Realco desire to complete the subdivision process and obtain
approval of a Final Map for a 55.2 acre parcel identified as
Lots 5 and 6 of CT-71-2; and
WHEREAS, in accordance with the requirements of the
City subdivision ordinances and the conditions applicable to
said map, a storm drain must be constructed by Occidental from
Poinsettia Lane adjacent to the property in a northerly
r
direction to Encinas channel as a condition precedent to the
approval of City of said final map; and
WHEREAS, before City can accept a secured subdivision
improvement agreement in satisfaction of said condition, the
necessary easements must be delivered to City; and
WHEREAS, Occidental desires to submit some of the
required easement deeds prior to final map approval and to
guarantee that the remaining deeds will be forthcoming; and
WHEREAS, City will accept a secured agreement to
provide said deeds at no cost to City:
NOW, THEREFORE, IT IS AGREED by and between the
parties hereto as follows:
1. Delivered concurrently herewith is the original
executed easement deed for storm drain purposes across Lot 1
of Tentative Tract 71-2, which is in a form acceptable to
City. A copy of said easement deed marked Exhibit A is
attached hereto and incorporated by reference herein.
2. Occidental shall acquire and convey to City
within a twelve-month period from the date hereof, at its
sole cost and expense, all other required easement deeds to
allow for the construction of the storm drain in accord with
approved plans prepared by Salkin Engineering Corporation,
and dated May 9, 1974, which are on file in the office of
the City Engineer and incorporated herein by reference. The
location of the easement to be obtained by Occidental shall
be as generally depicted on said plans and on a plat prepared
by Salkin Engineering Corporation marked Exhibit B attached hereto
and incorporated by reference herein.
3. City agrees that if the location of said proposed
easement or portions thereof lies over property owned by City,
the necessary easement shall be at no cost or expense to
Occidental.
4. In the event Occidental is unable to secure said
required easement deeds within said twelve-month period, City
shall proceed to acquire said easements by utilizing its power
of condemnation. All costs and expenses of City in said action,
including deposits to insure immediate possession, attorney's
fees, appraisal costs, and so forth, shall be borne by Occidental
together with the award or settlement amounts, including interest,
for the condemned easement or easements. Occidental shall have
the right of approval of any settlement other than that which
is awarded by a court having jurisdiction under such condemnation.
2.
5. Occidental's obligation hereunder shall be secured
by a faithful performance surety bond in favor of City in the
amount of $15,000.00.
6. This Agreement shall be null and void in the
event that Occidental and Sequoia Pacific do not secure approval
of final tract maps on Lots 5 and 6 of Tentative Tract No. 71-2.
7. In the event that Occidental fails to perform any
obligation hereunder, Occidental authorizes City to perform
such obligation twenty days after mailing written notice of
default to Occidental and agrees to pay the entire cost of such
performance by City.
8. In the event that Occidental fails to perform
any obligation hereunder, Occidental agrees to pay all costs
and expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorney's
fees. Occidental hereby binds itself, its executors, admin-
istrators and assigns, and agrees to indemnify and hold City
harmless from any losses, claims, demands, actions, or causes
of action of any nature whatsoever, arising out of or in any
way connected with the improvements agreed to be constructed
and installed hereunder by Occidental, including costs of
suit and reasonable attorney's fees for a period of one year
following the acceptance of said improvements by City.
9. Said City shall not, nor shall any officer or
r
employee thereof, be liable or responsible for,:any accident,
loss or damage happening or occurring in connection with this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
i '
this Agreement to be executed the day and year first herein-
/
above mentioned. OCCIDENTX
3.
§v^x//</
CITY OF CARLSBAD
Robert C. FrazeeffMayor
ATTEST:
_ __
• >\ MaWareft E. Adams, (City Clerk'.'••• ' " '/
'. ' ' ' ' k/
''•-.., APPROVED AS TO FORM:
Vincent F. Biondo, Jr. ~" / v \
City Attorney l''
STATE OF CALIFORNIA )
COUNTY OF
) ss.
On 1974 before me, the undersigned.
a Notary Public "in and for said State, personally appeared
xT/>»r A^ <n?/t /t^Sc?>7 _ , known to me to be the _
President, and _ 3~# ** -^ ^M - /^^ ^^ , known to me to be
_ Secretary of the corporation that executed the_
within instrument, 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 bylaws or a resolution
of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
RONALD D, SIBNBACS
NOTARY PUBLIC-CALIFORMHL
PRINCIPAL OFFICE -IN
ORANGE COUNTY
Notary Public
t My Commission Expires March 25.T
* ,•***«»•»**»»*<
* /S.P55N OFFICIAL SEAL j
» &'J2& RONALD D. STEINBACff *
NOTARY PUBLIC-CALIFORNIA 1
PRINCIPAL OFFICE IN «
ORANGE COUNTY *
* My Commission Expires March 26, 1978 *
4.
RECORDING REQUESTED BY
WHEN' RECOROEO MMt, TO
r
Strecl
Cily &
Slot*L
MAIL TAX STATEMENTS TOr
j
n
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Horn*
Street
Addren -EUHlBiT 'A
City &
Slate I
J
Corporation Grant Deed
D.T.T. S_
TO 4O6 CA (7-68)THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN D. LUSK & SON
a corporation organized under the laws of the state of
hereby GRANTS to •
CALIFORNIA
THE CITY OF CARLSBAD
the following described real property in the
County of SAN DIEGO
CITY OF CARLSBAD
, State of California:
Those portions of Sections 28 and 29, Township 12 South, Range 4 West, S. B. M.
conveyed to John D. Lusk & Son by Deed recorded January 9, 1973 as File/Page
number 73-006848, more particularly described as follows:
PARCEL A-1 / "
An.easement for storm, drain purposes over that strip of land 12. 00 feet'in width
over that portion of Section 29, Township 12 South, Range 4 West, of the San
Bernardino Meridian in the County of San Diego, State of California, according to
an Official Plat of said land filed in the District Land Office, the sidelines of said
strip lying 6. 00 feet on either side of the following described centerline:
Beginning at the intersection of the east line of the Atchison, Topeka & Santa Fe
Railroad right of way, being 200. 00 feet in width, and the centerline of Poinsettia
Lane, being 60. 00 feet in width, as described in the Directors'Deed to the County
(CONTINUED ON SHEET 2 ATTACHED)r
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by it" "Vice President and Assistant Secretary
thereunto duly authorized.
Dated: May 15, 1974 SON, a California.
ss.STATE OF CALIFORNIA
COUNTY OF Orange )
On May 15, 1974 . l,efore me, the under-
signal, a Notary Public in 'and for said State, personally appearedDonovan D. Huennekens known
Vice
Assistant Secretary
to me to be lhe_
Donald D. Steffensen
Aasisiajit,
President, and
known to me to be
.Secretary of the Corporation that executed the
within Instrument, known to me to be the person;! who executed the
within Instrument on behalf of the Corporation therein named, and
acknowledged to me thai such Corporal ion executed the within Instru
merit pursuant to its by-laws or a resolution i>f its bo^trd of directors.
WITNESS my
Signature
Joyce A. Swinef ord
Name (Typed or Printed)
OFFICIAL SEAL
Joyce A. Swineford I
NOTARY PUBLIC - CALIF. !
PRINCIPAL Ori-'ICH IN i
ORANGE COUNTY i
MY COMMISSION EXPIRES AUGUSf 17, 1976 :
(This »iva for liflMivl notarial
Title Order No -Escrow or Loan No._
MAIL TAX STATEMENTS AS DIRECTED ABOVE
, of .§an Diego, File N 198819, recorded December'•% 1966, in the Office of
the County Recorder of said County; thence from savfif^point of intersection,
along said centerline, North 76° 13' 30" East 377.48 feet to the true point of
beginning; thence North 18° 00" 00" West 2974. 06 feet to the beginning of a
tangent curve concave southwesterly, having-a radius of 45.00 feet; thence
northwesterly along said curve, through a central angle of 9° 50' 45", an
arc length of 7. 73 feet to a point on the north line of said Section 29, said
Section line being also the southerly line of La Costa Downs, Unit No. 1,
according to a map thereof, No. 2013, filed in the Office of the County
Recorder of said County; a radial line to said point bears North 62° 09' 15"
East, said point being also North 89° 58' 20" East 575. 53 feet from the
east line of said Atchison, Topeka & Santa Fe Railroad right of way.
The sidelines of the above-described strip shall terminate in the .north line
of said Section 29. * •
PARCEL A-2
An easement for storm drain purposes over that strip of land 12. 00 feet in
width over portions of Sections 28 and 29, Township 12 South, Range 4 West,
of the San Bernardino Meridian in the County of San Diego, State of California,
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 6. 00 feet on either side of the following
described centerline:
Beginning at the intersection of the east line of the Atchison, Topeka &
Santa Fe Railroad right of way, being ZOO. 00 feet in width, and the centerline
of Poinsettia Lane, being 60. 00 feet in width, as described in the Directors'
Deed to the County of San Diego, File No. 198819, recorded December 22,
1966 in the Office of the County Recorder of said County; thence from said
point of intersection, along said centerline, North 76° 13' 30" East 752.49
feet to the true point of beginning; thence North 13° 43' 30" West 47.42 feet '
to a point hereinafter referred to as Point "B"; thence South 76° 16' 30" West
339.40 feet to the beginning of a tangent curve, concave northerly, having a
radius of 45. 00 feet; thence westerly along said curve through a central angle
of 40° 43' 30", an arc length of 31. 99 feet, to a tangent line; thence along
said tangent line North 63° 00' 00" West 14. 99 feet; thence South 27° 0.0' 00"
West 85.44 feet. .
PARCEL A-4 *._''.. •
An easement for storm drain purposes over that strip of land 10. 00 feet in
width over that portion of Section 29, Township 12 South, Range 4 West, of
the San Bernardino Meridian in the County of San Diego, State of California,
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 5. 00 feet on either side of the following
described centerline:
Be'ginning at the intersection of the east line of the Atchison, Topeka &
Santa Fe Railroad right of way, being 200. 00 feet in width, and the center-
line of Poinsettia Lane, being 60. 00 feet in width, as described in the
Directors' Deed to the County of San Diego, File No. 198819, recorded
December 22, 1966, in the Office of the County Recorder of said County;
thence along said easterly right-of-way line North 21° 08' 15" West 94.95
'feet to the true point of beginning; thence North 71° 21' 45" East 13. 01 feet;
thence North 80° 41' 22" East 347. 59 feet to the beginning of a tangent curve,
concave northerly, having a radius of 150. 00 feet; thence easterly along
said curve through a central angle of 8° 41' 22", an arc length of 22.75
feet, to a tangent line; thence North 72° 00' 00" 2. 50 feet to the intersection
with the centerline of the above-described easement (Parcel A-l).
(CONTINUED ON SHEET 3 ATTACHED)
SHEET 3
• /'< W - •
PARCEL A-5
An easement for storm drain purposes over that strip of land 10. 00 feet in
width over that portion of Section 29, Township 12 South, Range 4 West, of
the San Bernardino Meridian in the County of San Diego, State of California,-
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 5. 00 feet on either side of the following
described centerline:
Beginning at the intersection of the West line of the Atchison, Topeka &
Santa Fe Railroad right of way, being 200. 00 feet in width, and the center-
line of Poinsettia Lane, being 60. 00 feet in width, as described in the
Directors' Deed to the C9\mty of San Diego, File No. 198819, recorded
December 22, 1966, in the Office of the County Recorder of said Countyr
thence along said Westerly right-of-way line North 21° 08' 15" West 79/93
feet to the True Point of Beginning; thence South 71° 21' 45" West 5. 00 feet.
lr -
APPROVED AS TO FORM:
Vincent F^ Biondo, Jr.
City Attorney
STATE OF CALIFORNIA )
COUNTY OF
) ss.
On y^^^O._..-_ i 1974- before me, the undersigned,
a Notary Public inland for said State, personally appeared
, known to me to be the
President, and known to me to be
Secretary of the corporation that executed the
within instrument, 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 bylaws or a resolution
of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
RONALD D. STEINBACH
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
Notary Public
J My Commission Expires March 26, 1978 »
6.
•EXHIBIT "A'
LOCATION: INTERSECTION OF S&N 11E&D FWY
TOTAL GINK ACRtf = M9
CITY CAL.
QCCIbEUTiL
4231 2IHCH
RR.COiT MRU
iT.199
3£ACH CAL ^Tf: it, WAY 74
'^^^^^eA^^^&^^!9r-^-^»»'£i^l^l
r*
W
STATE OF CALIFORNIA
mty nf T,Q?
,ss.
On //it's 21st day o/ MAY
• »OFFICfAL Si-AL
before me,
'" Me year One Thousand Nine tfune/rec/_o5£VENTY FOUR
DOROTHY CARRt'f.LQ a /Votary Public in and lor the
County of J^0 ^?TG5LES ' State of California, residing
therein, duly commissioned and sworn, personally appeared.
K.M.EVANS /
/^'-^ D°ROTHY CARRILLO | known to me to be the pen
(VVv'-'•"'' -;:"'j NOfASf PUBLIC- C;-L'Fn^;;|i 0 as fhe attorney
WO,.V pRiNciPALOFncEiN FIREMEN'S INSURAN(
person whose name is subscribed to the within instrument
.of
INSURANCE COMPANY OF NEWARK
i! &n^ -,,-!<rio-j.-'l^diSed to .me thai he suhxcribud ihn name of s-iid Cor par a'. I on iheret
... ______ ,,.. ;:,,......^ ,, , . w'' ~ ' iS/ti :j as surety and ri/.s OSV.T name as attorney.
IN WITNESS WHEREOF, I ha%& hereunto set my hand and affixed my official seat at my office in the said.
County of TiOS Ali'-r-^-i-'-k'--* f/,e fay ancf year in this certifi'fate*f\rst above written..
Not.ary Public in and for the
y Commission Expirss_ _ ,
ac Bond 2824 A
County of , California
3238 -MINTED IN U.S.A.
-s ^ Bond No. BHD198 00 49
•"-'- SUBDIVISION IMPROVEMENT . Premium: >
£^e
es FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,_ OCCIDENTAL LAND, INC. as
Principal, and FIREMEN'S INSURANCE COMPANY OF NEWARK, MEW JERSEY as
Surety, are held and firmly bound unto CITY OF CARLSBAD ; ;
Carlsbad •' ,State of California,
in.the sum of TWO HUNDRED FIFTY-NINE THOUSAND AND NO/lOOth Dollars ($ 259,000 ..00 )
lawful money of the United States of America, for the payment of which sum well and truly to be made to said
CITY OF CARLSBAD
we, and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
This Bond is furnished in compliance with section 11612 et seq.of the Business and Professions Code of the State of California and acts
amendatory thereto.
Sealed with our seals and dated this 21st day of May 19 74
The Condition of the above obligation is such that whereas, the above named bounded principal entered into an agreement
dated May 21 19 74 with the CITY OF CARLSBAD
, .State of California,
by the terms and conditions of which said agreement, said principal agreed to construct certain xiMSf improvements and furnish all the work and
material necessary thsrefor in accordance with the Plans and Specifications referred to in said agreement, which agreement is hereby made a part
hereof as if fully set forth herein;
Now, Therefore, if the above named bounded principal shall well and truly carry out, execute and perform all things by it to be carried out,
executed and performed, according to the terms and conditions of said agreement, then this obligation shall become null and void; otherwise to remain
in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than said obligee.
*w"Project for AT & SF Railroad overcrossing at Poinsettia Lane...
OCCIDENTAL LAND, INC.
BY:
(Principal)
FIREMEN'S INSURANCE COMPANY ,OF NEWARK, NEW JSRSS'
<' ; (Surety/
V7
By _ _ _____
K.M/EVANS, ~ Attorney
The foregoing Bond vtas accepted and approved this day of __
PAC POI.'O 3J73A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
.* 1 15tt< g
16
17°>o <U
z £ 8 Q inUJ •£ OJ if J-^->
2 O w
>E 5 19
X °
c 20
21
22
23
24
25
26
27
28
29
30
31
32
W
EXHIBITS B AND C TO AGENDA BILL 539 SUPP. 2
RESOLUTION NO. 343?
A RESOLUTION 0!? THE'CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND OCCIDENTAL LAND, INC. FOR THE ACQUI-
SITION BY OCCIDENTAL LAND, INC. OF RIGHT-
OF-WAY FOR CONSTRUCTION OF A STORM DRAIN
IN CONNECTION WITH SUBDIVISION MAP CT 71-2.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain 'agreement between the City of
Carlsbad and Occidental Land, Inc. for the acquisition by Occi-
dental Land, Inc. of right-of-way for construction of a storm
drain in connection with Subdivision Map CT71-2, a copy of which
is attached hereto marked Exhibit A and incorporated herein by
reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
21 st day of May , 1974, by the following vote, to wit:
AYES-: Councilmen Frazee, Chase, McComas and Lewis
NOES: None
ABSENT: None
ROBERT C. FRAZEgSf Mayor
ATTEST :
^~-,///MARGARET E. ADAMS," City ClerkiGARE
(SEAL)
C
CITY OF CARLSBAD SUBDIVISION IMPROVEMENT AGREEMENT
(A.T.& S.F. RAILROAD OVERCROSSING AT POINSETTIA LANE)
THIS AGREEMENT, made and entered "into this 21st
day of May, 1974, by and between OCCIDENTAL LAND, INC., a
California corporation, hereinafter referred to as "Occidental",
and CITY OF CARLSBAD, a municipal corporation of the State
of California, hereinafter referred to as "City";
WITNESSETH;
WHEREAS, the City and Occidental entered into that
certain Agreement dated on or about August 14,. 1973 (herein^
*
after referred to as the "Original Agreement")f on file in
the office of the City Clerk and incorporated by reference
herein, for A.T.& S.F. Railroad Overcrossing at Poinsettia
Lane; said Agreement obligated Occidental to construct a
two-lane overcrossing and approaches thereto over the A.T.& S.F.
Railroad extending from the westerly terminus of Poinsettia
Lane westerly to Carlsbad Boulevard, hereinafter referred
to as the "Project"; and
•'..&*
WHEREAS, City did, pursuant to paragraph 5 of said
Original Agreement, make application for State of California
Grade Separation Funds for said project; and
WHEREAS, City was successful in said application for
State of California Grade Separation Funds, and said funds
are available to City until on or about November 26, 1974;
• -*>' ..',".-.
and ' ^-!*£'" ' r. '"
WHEREAS, pursuant to paragraph 4 of Original Agree-
ment, City made application pursuant to the California
Coastal Zone Conservation Act of 1972 to the San Diego
Coast Regional Commission for a permit to construct the
project; however, said application was denied; and
WHEREAS, at the time the parties hereto entered into
said Original Agreement, the parties did not expect
proval of the project by the San Diego Coast Regional Com-
mission and did not provide for that eventuality; and
WHEREAS, neither City nor Occidental can predict
whether subsequent approval can be obtained for said project
from the San Diego Coast Regional Commission< either through
an approval or an exemption application, or whether the
California Coastal Zone Conservation Act of 1972 will be
superseded upon its expiration with 'another coastal conser^
vation act; arid
WHEREAS, it is necessary to modify .some provisions
of the Original Agreement to take account of the extant cir-
cumstances while insuring the ultimate construction of the
project at Occidental's expense; and
WHEREAS, Occidental has secured tentative map ap*-
proval for CT 71-2 covering a portion of the property subject
Vto the Original Agreement, said approval is conditioned upon
the execution of an Agreement for participation by the de^-
veloper of- CT 71-2 in the construction of the Project; and
WHEREAS, Occidental and Sequoia Pacific .Realco have
requested final tract map approval on a portion of Map 71-2,
more particularly described as Lots 5 and 6 of .Tentative
Tract 71-2, also known as CT 71-2, Units Nos. 1 and 2; andi
WHEREAS, City requires through bonding.and cash
deposits that provisions be made by Occidental to assure
that funds will be provided for the project prior to final
map approval; and
WHEREAS, the costs of the Project are estimated to
be $259,000; and
WHEREAS, Occidental and City wish to provide a means
to accommodate final map approval of Lots 5 and 6 of CT 71-2
pending modification of the Original Agreement ta secure the
2,
eventual construction of the Project in satisfaction of
Occidental's obligations under the Original Agreement; and
WHEREAS, it is the intention of City and Occidental
to make an Agreement providing for the deposit by Occidental
of a prorata share of the cost of said Project based on the
portions of CT 71-2 which are to be finalized compared to
the total area of Occidental's Master Plan area as shown on
the map marked Exhibit A attached hereto and incorporated by
reference herein;
NOW,. THEREFORE, the parties hereto agree as follows:"
1. Occidental's obligation to deposit^ funds for the
Project, pursuant to paragraph 6 of the Original Agreement,
is delayed pending receipt of Coast Regional Commission
approval for the Project. If such approval is received
prior to March 30, 1975, upon receipt of notice thereof,
Occidental shall make the deposit and the parties shall pro-
%^ceed in accord with the balance of the Agreement. .
2. Occidental shall use its best efforts to secure
Coast Regional Commission approval of the Project, through
a permit or claim of exemption, -i-noluding resort to th
courts if necessary. • .
3. Occidental will secure performance of the
Original Agreement and this Agreement by furnishing a surety
bond in the amount of $259,000. Said bond shall run for a
period of one year commencing May 21, 1974. Occidental has
heretofore furnished City with a $40,000 faithful performance
bond in connection with the Original Agreement. Upon the
receipt and acceptance by City of said $259,000 bond, City
shall release and fully exonerate the $40,000 bond previ-
ously filed with City.
4. Occidental and City will immediately enter into
negotiations in order to reach accord on an amendment to
3.
the Original Agreement to provide for the construction by
Occidental of the Project in light of the facts existing as
of the date of this Agreement. The parties anticipate
that the obligations incurred by Occidental by this Agree-
i
ment will be credited against their total obligation for
the Project in some mutually agreeable manner,
5. If the modification of the Original Agreement
is not accomplished or if Occidental is not able to secure
the necessary permissions for construction of the Project
4
prior to the expiration of said $259,000 bond, hereinbefore
referred to, Occidental hereby agrees prior to, said expira-
tion to deposit cash with City to allow City to accomplish
the construction at such time in the future that the neces-
sary approvals can be obtained. The amount of said deposit
shall be computed as follows: A cash deposit computed by
multiplying $259,000 by the total acreage included within
,v
the approved final tract map covering Lots 5 and 6 of CT 71-2
divided by 299 acres. •
6." City shall hold the funds in trust to be used
for construction of the Project and shall deposit or invest
said cash funds in interest-bearing obligations or interest-
bearing accounts in an effort to maximize the yield thereon
in institutions regularly utilized for investment of City
funds. • .
7. In the event City is unable to obtain within
ten years from the date hereof the necessary approvals to
construct said Project, then said cash deposits, together
with interest actually earned thereon, shall be refunded to
Occidental.
8. Should City obtain the necessary approvals to
construct said Project, said funds, including any interest
actually earned thereon, shall be utilized by City to pay
4.
c
the actual construction costs of said Project.
9. This Agreement shall be null and void and Occi-
dental shall have no obligcitions hereunder should the final
tract maps requested by Occidental and Sequoia Pacific
Realco on Lots 5 and 6 within Tentative Tract 71-2 not be
approved by City prior to July I/ 1974.
10. Upon Occidental depositing said cash, City shall
release and fully exonerate the above-mentioned $259,000
bond.'
11. In the absence of any modification of the
Original Agreement City will require OccidentaJL or their
successors in interest to make similar deposits in connection
with the subdivision of the remaining property shown on
Exhibit A and not within Lots 5 and 6 of CT 71-2. In con-
sideration for City's approval of a portion of CT 71-2
Occidental consents to such condition being imposed on said
Kv
property, or in the alternative, consents to the formation
of a bridge benefit area to accomplish the construction of
the Project.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove
mentioned. •/
OCCIDENTAL LAI;
ATTEST:
E. Adams', CCity Clerk
5.
-•*••*
8 s
CTl
<
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
' ,, LU ^ ~\ £_& i z 16
5o*3 17u.' • -J <,->- " °z "; 8 o noUJ Z CN < J-V>
Z O e/J
> t oc 1 Q< < •Ly
5 20
21
22
23
' 24
25
26
27
28
29
30
31
32
EXHIBITS E AND F TO AGENDA BILL 539 SUPP . 2
RESOLUTION NO. 3433
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND OCCIDENTAL' LAND, INC. FOR PARTICIPATION
IN THE POINSETTIA LANE GRADE SEPARATION.
The City Council of the City of Carlsbad, California
does hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Occidental Land, Inc. for participation in the
Poinsettia Lane Grade Separation, a copy of which is attached
hereto marked Exhibit A and incorporated herein by reference, is
hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
day of Mav/ / 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, McComas and Lewis
NOES: None
ABSENT: None
ROBERT C. FRAZEE ^Mayor
ATTEST:
MARG
^
REtf E.ADAMS, City Clerk
(SEAL)