HomeMy WebLinkAbout1983-06-07; City Council; 6870-2; FINAL MAP CT 81-41 (THE GROVE)3 ' 0
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' CII~F CARLSBAD - AGEND~ILL
AB# f~ ~7~~-~. TITLE: DEF
FINAL MAP - CARLSBAD TRACT 81-41 cir
DEPT. ENG (THE GROVE) cir
MTG. 6-7-83
RECOMMENDED ACTION:
1. Approve final map of Carlsbad Tract 81-41.
2. Adopt Resolution NO.]^.?. 3 accepting the encroachment agref
authorizing the Mayor to sign on behalf of the City.
3. Approve the letter agreement, dated March 11, 1983, defer
payment of a portion of the Public Facilities Fees for tt project.
ITEM EXPLANATION:
Engineering Staff has completed checking the final map of Car Tract 81-41, a 172-unit condominium project located on the noi
corner of El Camino Real and Hosp Way, for conformance with tl
Subdivision Map Act and the Carlsbad Municipal Code. The fin
in substantial conformance with the conditions of approval an
tentative map as approved by City Council Ion February 2, 1982
City Council Resolution No. 6776.
A final punch list of remaining Developer obligations, as of 22, 1983, has been supplied to the Developer. The uncomplete
remaining, as of May 12, 1983, are covered in Instrument of C
dated May 20, 1983, on file in the City Clerk's Office.
An encroachment agreement is required to allow a portion of t
structure to be constructed within a 12-feet sewer easement. necessary agreement is attached.
Because of concerns expressed by Rancho Carlsbad and this pro
about the applicability of Council Policy #17 (Public Facilit to condo conversions, the City Manager has undertaken a revie
policy. Pending that review, staff recommends deferring coll
a part of the Public Facilities Fees. An agreement between t
applicant and the City in that regard is attached. If the Ci
Council concurs, your action is to, by motion, approve the ag
Until a decision is made by Council on condo conversions, whi
date the Public Facilites Fee Policy, similar arrangements wi
made for conversion projects in like circumstances.
FISCAL IMPACT:
The increased need for city services resulting from this devt
will be offset by the payment of the Public Facilities Fees.
EXHIBITS:
1.
2. Plat of Project 3.
4. Resolution No.Y,g?J approving encroachment agreemenl
Vicinity Map
Letter agreement regarding Public Facilities Fees.
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LAW OFFICES
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GADE AND HRYXIE Trroms A GADS L Srsh~ GWE
SUITE 1703,THE CELAMBER BCILDLYG TEIEPHO~E HICHARD J HkYNIi: JH
uo WEST'*C"STBEET AREA Co
OF COUNSEL SN DIEGO, CALIFORNIA oeioi EDWARD J LEAVITI DAXIEL R KHINSF.1
May 10, 1983
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r / Vincent F, Biondo, Jr. d.--.,
City of Carlsbad
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City Attorney
1200 Elm Avenue
Carlsbad, CA 92008-1989
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Re: Grove Apartment Condominium Conversion
CT 81-41, CP-187 (T. Sheldon)
Dear Mr. Biondo:
This letter is pursuant to our prior conversations and CI
spondence in the above-referenced matter and our meeting of A
26, 1983. It also relates to your letter to me of March 11, on this project.
to the staff report of April 22, 1983. This is to confirm that we will pay the following fees p
(1) Duplicate Tracing Deposit $ 50.00
(2) Drainage Fee $32,299.97
construction) _--- Total $41,349.97
(3) Public Facilities Fee $ 9,ooo.oa
(Based on the value of new
This amount will be tendered at the time we come before
City Council.
'We have agreed no park-in-lieu fees are required becaust previously dedicated for this project as a part of the overa: master plan approval was more thar, adequate to cover those ft
My client has agreed to tender a Promissory Note secure(
Deed of Trust on one of the units of this project in the amoi
$62,00r3.00 as security for the balance of the City's public
facilities fee. it is understood that this Deed of Trust woi be recoxded by the City until after such time as the "Final 1 been recorded and all "blanket" or general encumbrances have
EXHIBIT 3
THOMAS A. GADE 0
ATTORNEY AT !AV
Page two Vincent F, Biondo, Jr. May 10, 1983
released from the unit in question.
and when demand has been made for the satisfaction Of this Promissory Note that payment can be made in another form and
the note and Deed of Trust would be returned unrecorded to my client ,
We have agreed that before the City Council makes a deci Policy 17 and its applicability to my client in this case, we have an opportunity to present our case to the City Council a why the fee should not apply to this condominium conversion F
constructed prior to 1979. If successful, the note and Deed Trust would be returned to my client unrecorded,
'We have agreed that our request to be heard on Council I 17, will be presented to the City Comcil when the City Nana! completed his review of the subject,
It is also understood th
If the City Council determines that the fee must be paic
is in fact paid, there is nothing in this agreement which WOI
prevent my client from litigating the matter at that time.
This is with the understanding that the City's position legal challenges to conditions of approval for tentative sub maps must be made within the applicable statute o€ limitatio
in any event prior to final map approval and that an action chalLenging the public facilities fees condition, after the woulcl not lie in your opinion. Your position is that nothin
this agreement tolls the statute or otherwise constitutes a of your position.
Trust referred to are included with this agreement for your and approval,
As indicated above, copies of the proposed note and De€
BUKSIJailt to your letter of March llr 19831 I have askec client to sign a copy of this letter to be forwarded to you
indicate his assent to the terms set forth herein,
e 0 THOMAS A. GADE
ATTORNEY AT LAW
Page three Vincent E, Eiondo, Jr. May 10, P:<3
Thank you for your continued cooperation and courtesy in
If you have any questions regarding any of the above matter, please advise.
Sincerely,
GADE AND HAYNIE JLMiAA Thomas A, Gade
TAG : pf Enclosures
Dated: ,5*- /L4 33
T,L. SHELD ENTE XIS
By: -X&- Terry L, Sheldon
cc: Frank Aleshire, City Manager (w/enc.)
Ron Beckman, Assistant City Manager, Developmental Services Terry L, Sheldon (w/enc,) Charles B, Christensen, Esq.
1-4/27
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7233 RESOLUTION NO. --
A RESOLUTION OF THE CIITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ENCROACHMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND T.L.
SHELDON, INC. AND AUTHORIZING THE MAYOR TO EXE- CUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does herd
as follows:
WHEREAS, T.L. Sheldon, Inc. has submitted a tentative map entit'
GROVE to the City referenced as CT 81-41/CP-187 ("Tentative Map"); anc
WHEREAS, the City has approved the tentative map; and
WHEREAS, The City*ourns an easement for sewer purposes across Pa'
Parcel Map 1681 filed June 29, 1373, said property being located in t'
Carlsbad, CGunty of San Diego, State of California ("Land"). Said ea
twelve-foot sewer easement, was recorded on April 2, 1973, as File No
085550 ("Easement") ; and
NHEREAS, the City has required that Corporation construct a par
garage over Line "Bl' 1ocated.within the easement; and
WHEREAS, construction cannot be allowed without the permission
and
WHEREAS, City and Corporation want to define their rights and -
in relation to said Line "B"; and
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WHEREAS, The Utility Department of the City wants to define an
route fur a portion of Line "B" within the easement if the easement
required to be relocated for maintenance and/or for repair; and
WHEREAS, the parties want to insure that, future owners of the
THE GROVL CONDOMINIUM ASSOCIATION will be bound by the promises and
the Corporation; and
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WHEREAS, the City desires to be held harmless from any and all 1
arising out of the construction of the parking garage over the easemer
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City c
as follows:
1. The above recitations are true and correct.
2. That Encroachment Agreement between the City of Carlsbad anc
Sheldon, Inc., a copy of which is attached hereto and incorporated he
reference, is hereby approved.
3, The Mayor -of the City of Carlsbad is hereby authorized and
execute said Encroachment Agreement for and on behalf of the City of
4. The City Clerk is hereby directed to record said encroachme
with the San Diego County Recorder.
PASSEG, APPROVED AND ADOPTED at a regular meeting of the City C
the 7th day of June , 1983, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Fk.rnkrs Casler, Lewis, Kulchin, Chick and Prescc
%?LA.-j/dr &A
MARY H. CA$ER, Mayor
ATTEST:
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p37& k&~+~ZLm &WUTENK Z, ity Clerk J
(SEAL)
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VlIlLll - - - - - - - - -.- -
Bo2 @ T.L. ShefdOn Enterprise
,2254 Moore Street, Suit San Diego, California 92110 *. - *c #
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is made by the' CITY OF CARLS
municipal corporation, herein called "City", and T.L. SHELDON ENTER
INC., a California Corporation, herein called "Corporation':.
RECITALS
WHEREAS, Corporation has submitted a tentative map entit.
.. GROVE to the City referenced as CT-81-41/CP-187 ("Tentative Map
WHEREAS, the City has approved the tentative map; and
WHEREAS, the City owns an easement for sewer pirposes acros:
A of Parcel Map 1681 filed June 29, 1973, said property being loc
the City of Carlsbad, County of San Diego, State of California (
Said easement, a twelve foot sewer easement, was recorded on April
as File No. 7.3-085550 ("Easement") ; and
WHEREAS, the City has required that Corporation construct 6
garage over Line "B" located within the easement; and
WHEREAS, construction cannot be allowed without the permi
the City; and
WHEREAS, City and Corporation want to define their rights
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bilities in relation to said Line "B"; and -.
WHEREAS, the Utility Department of the City wants to d
.alternate route for a portion of Line "B" within the easement if
ment is ever required to be relocated for maintenance and/or fo
and .-
WHEREAS, the parties want to insure that future owners of
perty and the GROVE CONDOMINIUM ASSOCIATION will be bound by thc
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and covenants of the Corporation; and
WHEREAS, the City desires to be held harmlless from any and a
bility arising out of the .construction of the parking garage o
easement; and
WHEREAS, the Corporation desires to be held harmless from
all liability arising out of the normal operation and maintenancc
easement.
NOW THEREFORE, the parties agree as follows:
1. PERMISSION TO CONSTRUCT PARKING GARAGE GRANTED. CortJor;
hereby granted permission to construct the Parking Garage, Ramp,
ing Wall, Footings and Foundations as shown on City Approved P
over, along arid across the easement ("Structures").
2. CORPORATION SHALL REPAIR DAMAGE TO SEPJER DURING COSNTRUC
Corporation shall, at its own expense, restore to City Stand
sewer main or other public improvement damaged or altered dur
struction. All work related to such restoration in the easement
accomplished only after obtaining a public improvement permit
same.
3.. REMOVAL AND RELOCATION OF PORTION OF SEWER. Corporati .
remove and relocate, to the satisfaction of'the City, as approv
City Er,ginecr, that portion of the sewer improvement located in
.merit as shown in Exhibit "A" only upon the occurrence of any c
f 01 lowing events :
a. Damage occurs to the sewer in the e'ascmcnt as a result
charging of said sewer by the Structures, as defined in this
of the agreement, - and repair of Line "B" as shown on Exhib
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attached hereto is not feasible without relocation of the
main;
b. Maintenance is determined to be not feasible over the por
'the easement referred to in Exhibit "A" as a result'of the i
ments over the easement;
C, Repair of any break in or damage to the sewer, * other th
caused by normal life expectancy or wear and tear, is not f
without relocation of the - portion of the sewer referred to
hibit "A" (In the event the repair of the line is required bl
of normal wear and tear, the costs of repair shall be borne
City, however, the costs of replacing any part or portion
structure disturbed by the work shall be borne by the Corpl
If .the line is needed to be relocated by virtue of normal i
.tear, the Corporation or their successor in interest shall g
necessary appropriate easement for the line to the City and
shall pay for the cost of the relocation of the line); or
d. The sewer is rendered a hazard to the public health, s
the general welfare of the inhabitants of the project an
citizens of the City by virtue of the construction of the st1
The City Engineer of the City of Carlsbad shall determine tl
rence of the events listed in this section and shall furt
all determinations regarding feasibility or cause for tk
repairs or replacement. The decision of the City Enginc
be final unless the iecision is not reasonably supporte
* evidence. For the purpose of this section feasible shall me:
of being accomplished in a successful manner within a L
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period of time taking into account economic, environment;
technological factors.
4, COST OF RELOCATION AND REPAIR CAUSED BY PARAGRAPH 3. FACT(
Any kost for any relocation and/or repair caused by any' of the
listed in Paragraph 3. of this agreement shall be borne by the C
tion, or its successor in interest, including th9 GROVE COND
ASSOCIATION. Reserves sufficient to cover the cost of relocation s
- established by the Association for the possibility that reloca
that portion of the sewer may be required by the City Engineer.
5. COST OF RELOCAITON AND REPAIR NOT CAUSED BY FACTORS fiENT: IN PARAGRAPH 3.
Any repair and/or relocation not caused by the factors listed :
graph 3. of this agreement shall be accomplished by the City at
cost and expense and without charge to the Corporation and/or its
sor in interest. The Corporation shall grant City all easements,
or other permission required by City for the repair and/or rc
without cost to the City.
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6. STANDARD OF MAINTENANCE OF STRUCTURES. - The structures
installed and maintained in a safe and sanitary condition U at
COS~, risk and responsibility of the Corporation, or its succc
interest. Corporation shall hold City harmless from any and all 1
- cost or damage with respect to the structures, arising out of c
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ferrcd to in Paragraph 3. of the agreement.
7. CORPORATION INDEMNITY. Corporatioh shall at all times
and save City free and harmless from, and pay in full', any and a:
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demands, losses, damages or expenses that the City may sustain 01
in any manner resulting from the construction, maintenance or-use
structures causing (a) loss.or damage to property and/or (b) injur
death of persons providing said loss, damage, injury or death is prc
ly caused by the Corporation, its contractors, its officers, agents
employees.
8. CITY INDEMNITY. City shall at all times indemnify a
.. Corporation free and harmless from, and pay in full, any and all
demands, losses, damages or expenses that COrpOratiOn may SUS
incur in any manner resulting from any work of the C'ity within tl
ment which causes (a) loss of or damage to property and (b) inju
death of persons provided said loss, damage, injury and/or death
.imately caused by negligence of the City, its contractors, offi
gents and/or employees.
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9. NO RELINQUISHMENT OF CI'TY RIGHTS. Nothing contained
agreement shall be construed to mean that the City relinquishes
ordinates to Corporation any interest in or right of the publi
the easement.
10.. GRANT OF NECESSARY EASEMENTS FOR RELOCATION. Should *a thc
tion of the sewer referred to in Exhibit ."A1' become neccssar
'opinion of the i City Engineer, after all other methods of repair
.explored, then the Corporation, or their successor in interest,
THE GROVE CONDOMINIUM ASSOCIATION shall grant such casement or
to the City as are necessary to construct,and maintain the
sewer. This agreement is in consideration for such grant and no a '.
consideration or payment for the granting of such easements shal
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to the Corporation.
11. REMOVAL OF STRUCTURES UPON ABANDONMENT OR DESTRUCTION.
abandonment or substantial destruction of the Structures, and fail
repai'k the same within 20 days, Corporation, at its expense, shall
for the removal of the Structures and restoration of the public e?
and affected improvements. 4 f
12. - COMPLETION OF STRUCTURES. The Structures shall be compl
-. within the life of the tentative map or any extensions thereof, 01
approved extension of this agreement.
13. TERMINATION OF PERMISSION TO ENCROACH. Permission tb er
herein is subject to revocation by the City upon the happening of
earlier of the following events:
a. That certain date occurring 50 years after the date of tl
Encroachrfiknt Agreement, unless this agreement is extended, fc
additional periods of time, which extensions shall not be un:
ably withheld by the City;
b. Removal of the Structures with the approval of the City;
c. Failure of the Corporation to comply with the terms of t
agreement after being given 30 days written notice of the im
termination.
13. BINDING UPON HEIRS AND SUCCESSORS IN INTEREST. This agr
e.
shall be binding upon the heirs, assigns, successors in interest
Corporation and the covenants contained herein shall run with the
and any and a11 subdivisions of said 2roperty. Whenever Corporati
mentioned in this agreement, it shall be interpreted (0 include a
to the successors or assigns of the Corporation including THE GRC
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DOMINIUM ASSOCIATION. If Corporation, its successors or7 assigns, s
fail to perform any covenant or obligation herein contained, the C
perform the same and the costs thereof shall become a lien against
aforesaid property and recoverable by the City in the same manner
provided for abatement of a public nuisance.
14. RECORDATION OF AGREEMENT. This agreement shall be filed
.Office of the County Recorder of San Diego County.
15. ENCROACHMENT AUTHORIZED - UPON EXECUTION OF AGREEMENT. Th
poration's encroachment as set forth in Paragraph 1. of this agree
authorized upon the execution of this agreement by the City. -
16. ATTORNEYS FEES. If any lawsuit or cause of action is ir
in a court of competent jurisdiction, the prevailing party shall k
Litled to reasonable attorneys fees, costs of suit and expert witr
fees,. if anyfain addition to such other relief as the court may ab
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t IN WITNESS WHEREOF, this Agreement is executed this
1983, by the City of Carlshad, acting throt
City Manager and by Corporation,
.Dated this day of 1983.
I CITY
THE CITY OF CARLSBAD
A Municipal Corporation .
By:
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/ // CORPORATION
T.L. SHELDONI/EEJT~RPRISESI I c‘. ,
A Californ ’/’ cokpuclat-i-o/;l
By: /A,.&/ T.L. Sheldon, Presldcnt
APP VED S TO R -A& LIE
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B: >/g - />*, ),, L/(// ,,l - , /P /I
CI ATT RNEYr . A/
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ACKNOSi7LEDGEMENT
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STATE OF CALIFORNIA 1 1
COUNTY OF A&&$ )
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On yh4f =dad, 1903 before me, the undersigned Notary E and for sai State, personally appeared T.L. SHELDON persona
person who executed the within instrument as the President
SHELDON ENTERPRISES, INC., a California corporation that ex€ within instrument and acknowledged to me that such corporatior the within instrument pursuant to its by-laws or a resoluti board of directors.
WITNESS MY HAND AND OFFICIAL SEAL.
.- io me or proved to me on the basis of satisfactory evidence
SIGNATURE ~WJJ hq~~jb ,(& /&A/
Sli: Gi-CiD co.;'ir( > !*! CrxXi. e.$'e? P?R 11, 753 )
-Z--G==s.%-2,-;.-= zA
%I kWit? S!!cct S.?o 292, San Dp~o, C.1 ?Zilo
[Seal]
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EXHIBIT "A"
ITEMS NOT COMPLETED PER CITY PUNCH LIST
ENGINEERING PUNCH LIST
Slope Buttress and Landscape Repair Drainage System Installation
Asphalt Paving & Asphalt Repair
CARLSBAD PLANNING DEPARTMENT
Carport Facia
TOTAL $42,500
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EXHIBIT I'B"
ESTIMATE FOR MONUMENTATION $4,000