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HomeMy WebLinkAbout1983-06-07; City Council; 6870-2; FINAL MAP CT 81-41 (THE GROVE)3 ' 0 a 4 o 4 = 0 2 3 0 0 E CL 2 5 1 ' 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. I - a- _-__ - - . -. - - -PC- .5-----4 : *’ *EA 1 “e? “i E E) _- b , 0 LAW OFFICES e 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 /- ---7 r / Vincent F, Biondo, Jr. d.--., City of Carlsbad '\-.si 'b ,A' City Attorney 1200 Elm Avenue Carlsbad, CA 92008-1989 L- 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 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 e w 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 1 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 * /// /// 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 x5 16 17 18 19 20 21 22 23 24 25 26 27 28 a * 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: * p37& k&~+~ZLm &WUTENK Z, ity Clerk J (SEAL) ~ 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 0 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 0 e - . b. r *b I 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 -2- 0 @ .. I 8 .b 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 -3- 0 e * .& .. I 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. - 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 ' 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: -4- 0 e *C -. . 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. ). _. 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 -5- 'e 0 .c . ., - 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 -6- 0 W .c .c. 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 I r -3 .. 4 .. 0 -7- ‘e 0 . .c a. - 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: - .. / // 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 7 m 114,’ / B: >/g - />*, ),, L/(// ,,l - , /P /I CI ATT RNEYr . A/ . 8 *. ooi-$-- cn v) .-- w 0 rnrnrnmz uoz lac .. rr-<irn - - Icp.ep a .J *b . ., . .. . ACKNOSi7LEDGEMENT .. STATE OF CALIFORNIA 1 1 COUNTY OF A&&$ ) I 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] 6 1 e @ 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 4 0 e EXHIBIT I'B" ESTIMATE FOR MONUMENTATION $4,000