HomeMy WebLinkAbout1984-05-29; City Council; 7761; Faraday RD - Beckman Instruments - ROW acq agmtCIT, OF CARLSBAD - AGEND, BILL
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MTG. 5/29/84
DEPT. CA
TITLE: RIGHT OF WAY ACQUISITION AGREEMENT DEPT.HD.
CITY AlTY.L% FOR FARADAY ROAD -
BECKMAN IN ST RUI'rlENTS
CITY MGR.~
That the City Council approve Resolution No. 76/& authorizing the Mayor to execute a contract with Beckman Instruments for the acquisition of the right-of-way for Faraday Road.
ITEM EXPLANATION
The City Council, at your meeting of December 7, 1983, approved a letter agreement with Beckman Instruments for the acquisition of the right-of-way for Faraday Road. In accordance with the Council's action our office has been negotiating with attorneys for Beckman Instruments to incorporate the principles of the letter into a right-of-way agreement. We have finally succeeded in securing Beckman's concurrence in the form of the agreement and they have approved it.
The City Manager has reviewed the proposed agreement and finds it consistent with the principles of the December 1, 1983 understanding and he recommends its approval .
FISCAL IMPACT
Funds for these improvements have been appropriated by the City Council as a part of this year's Capital Improvement Program.
EXHIBIT
Resolution No. 7,/ authorizing the Mayor to execute the right-of -way acquisition agreement with Beckman Instruments for Faraday Road.
Agreement
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RESOLUTION NO, 7612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A RIGHT OF WAY
ACQUISITION AGREEMENT FOR FARADAY ROAD BETWEEN
THE CITY OF CARLSBAD AND BECKMAN INSTRUMENTS, INC. .
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the City of Carlsbad and Beckman Instruments,
Inc . .,ave reached an agreement regarding the right-of -way
acquisition for Faraday Road
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That certain agreement between the City of Carlsbad
and Beckman Instruments, Inc., for the right-of-way acquisition
for Faraday Road 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.
ad 'ourned PASSED, APPROVED AND ADOPTED at a/regu?lar meeting of thc
City Council of the City of Carlsbad, California, held on the
29th day of May , 1984, by the following vote to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
Prescott
NOES: None
ABSENT: None
ATTEST : A
BECKMAN INSTRUMENTS, INC. AND CITY OF CARLSBAD - RIGHT OF WAY AGREEMENT v
This agreement is made this day of I
1984 by and between the City of Carlsbad, a municipal corporation
("City") and Beckman Instruments, Inc., a corporation doing
business in the City of Carlsbad ("Beckman").
In consideration of the covenants contained herein
City and Beckman agree as follows:
RECITALS
WHEREAS, Beckman owns and conducts operations on a
triangular shaped parcel of land in the City generally located
east of El Camino Real and north of Palomar Airport Road as shown
on the plat marked Exhibit A, January 25, 1984, attached hereto
and made a part hereof; and
WHEREAS, Beckman contemplates obtaining a site
development plan from City to allow for the construction of
additional facilities on the portion of their property
denominated "north campus" generally located to the north of the
future extension of Faraday Avenue as shown on Exhibit A; and
WHEREAS, the City of Carlsbad has determined that it is
necessary and in the public interest to acquire the right of way
for and construct an extension of Faraday Avenue from its present
*terminus across the Beckman property as shown on Exhibit A; and
.
WHEREAS, Beckman and City have reached an agreement
whereby Citywill acquire the necessary right of way for Faraday e
Avenue from Beckman. In lieu of making any payment for the
acquisition of that right of way City will construct certain
improvements on and adjacent to the Beckman property and take
other actions to facilitate Beckman's development of their
property.
I
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and Beckman agree
as follows:
1. Beckman will deed to the City, free of all liens and
encumbrances, an 84 foot wide parcel for street, public utility
and other public purposes for Faraday Avenue across their
property from the existing end of the road to the easterly
boundary of Beckman's property as shown on Exhibit A. Beckman
will also dedicate, free of all liens and encumbrances, a 30 foot
*
wide easement for landscaping purposes on each side of said right
of way as shown on Exhibit A.
2. Beckman will dedicate to the City, free of all liens
and encumbrances, an eight foot wide easement on their property
along its frontage with El Camino Real for street and public
utility purposes as shown on Exyibit A. Beckman will also
dedicate, free of all liens and encumbrances, an additional 30
foot wide easement for landscaping along said frontage as shown
smfn Exhibit A.
*The exact alignment of Faraday Avenue is to be approved by Beckman prior to commencement of construction thereof.
L' 2.
3. The dedications provided for in paragraphs 1 and 2
of this Agreement will be accomplished by Beckman as a part of a
new parcel.map for the property. The City will prepare and file
the parcel map showing Beckman's north and south campuses as
separate parcels. The City and Beckman will use their best
c
efforts to accomplish the recordation of this parcel map as soon
as possible in order that the rights of way necessary for the
improvements on Faraday Avenue and El Camino Real can be secured
in the City's name prior to the award of the contract by the City
for these improvements.
4. City at its cost and expense will construct street
improvements to City standards on Faraday Avenue from the present
terminus of Faraday to the eastern boundary of Beckman's property
as shown on Exhibit A. Said improvements will include any
necessary utility relocations as well as the construction of fire
hydrants, street lights, curb, gutter and Sidewalk, and street
pavement . Said improvements will also include three driveways,
and two four inch conduits across Faraday Avenue and the adjacent
landscaped areas in locations to be provided by Beckman. Beckman
agrees to promptly designate these locations when requested to do
so by City. City agrees to commence construction of Faraday
Avenue within one year of the date of this Agreement. **
5. City at its cost and expense will install
landscaping to City standards on the north side of Faraday Avenue
as a part of the road construction. Landscaping on the south
side of Faraday will be installed by City when a building is
**and diligently work to complete construction.
3.
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constructed on Beckman's south campus. The landscaping will be
completed prfpr to occupancy of the building. *
6. City will use its best efforts to obtain approval z
from San Diego County for access by Beckman to the road to be
constructed along Beckman's east property line between Faraday
and El Camino Real.
7. City at its cost and expense will install a traffic
signal on Faraday Avenue at its intersection with the proposed
City-County road along Beckman's east property line. Said signal
will be installed by the City
for that intersection.
8. City at its cost
improvements on the east half
when the traffic warrants are met
and expense will install street
of El Camino Real along the
frontage of Beckman's property for a distance of approximately
' y""I,82O feet. Improvements will include median, curb, street -
fire h drants, avement, street lights,hang landscaping necessary to bring the
1 load to City standards. City also agrees to construct a driveway
to provide access from El Camino Real to Beckman's south campus.
City agrees to construct the improvements prior to occupancy of
the first building constructed on the south campus.
9. City will initiate the required public hearings and
use its best efforts to accomplish the vacation of a 30 foot
easement along Beckman's north property line consisting of
approximately 44,000 square feet of land as shown on Exhibit A
and a 52 foot by 230 foot easement consisting of approximately
12,000 square feet as shown on Exhibit A.
4.
10. The City Council hereby rescinds the requirement
that Beckman acquire and dedicate a 20 foot strip of land on the
east end of the parcel owned by the Palmer Estate which was
required as a condition of a previously approved site development
plan for the north campus.
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11. Beckman will promptly process a site development
plan for the remaining development of the north campus. The
conditions of approval for this plan to be recommended by the
City Manager are set forth in the draft Planning Commission
Resolution marked Exhibit Bt attached hereto and made a part
hereof .
12. City will install and maintain a temporary access
road to Beckman's parking lot during the construction period for
Faraday Avenue as generally shown on Exhibit A.
This agreement is executed on the day of
1984.
CITY OF CARLSBAD
On this the 16thday of May 1984, beforc
ORANGE DOLORES C. LEPORA
'J i , Countyof ,
DOLCES C LEPORA ) rJOTARY PUBLIC . CAI.!FdRNIA
, 3
I ORANGE COUNTY coma expkes A!!$ 25, 1981
.\ 9 the undersigned Notary Public, personally appeared
\c -
G. F. KILMAIN 9
@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name@)
within instrument, and acknowledged that
subscribed to the
executed it.
++ -a
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION 23012 Venturr Blvd. Woodland Hills. CA 91364
Vice President - Finance 5. 7
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PLANNING COMMISSION RESOLUTION NO.
'A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 'CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
NO. 80-1(A), TO ALLOW FOR THE CONSTRUCTION OF AN
INDUSTRIAL BUILDING ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL TO THE NORTH OF THE
FUTURE EXTENSION OF FARADAY AVENUE.
APPLICANT: BECKMAN INSTRUMENTS CASE NO: SDP 80-1(A)
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to provisions of the Municipal code,
the Planning Commissio g#$!%he day of I
1984, consider said re est on property described as:
A portion of Lot "B" of Rancho Agua Hedionda according to
Map thereof No. 823 filed November 16, 1896;
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
neard, said Commission considered all factors relating to Site
Development Plan No. 80-1(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission of the City of Carlshad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, the Commission APPROVES SDP 80-1 (A) , based on the following findings and subject to the following conditions:
Find ing s :
1) The project is consistent with the City's General Plan since
the site has been designated for industrial development by
the Land Use Element of the General Plan.
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EXHIBIT 6 9
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The site is physically suitable for the type and density of the development since the site is adequate in size and shape to qCcomodate the proposed commercial develpment as stated in
the staff report.
The project is consistent with all City public facility pol- icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropriate condition to this project; insured that the building permits will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project.
b) All necessary pub rovements have been provided or ndit ions of approval .
c) will The applicant be requir +@$ has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general plan.
The proposed project is compatible with the surrounding future development since surrounding properties to the north, west and south are being or have been designated for
industrial development.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on and approved by the Planning Commission on .
Cond it ions :
1) Approval is granted for SDP 80-1(A), as shown on Exhibit(s) - , dated , incorporated by
reterence and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions .
I/// PC RES0 No. -2-
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This project is approved upon the express condition that
building permits will not be issued for development of the subjjct property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map .
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated August
20, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided by the City of Carlsbad in accordance with the water service agreement with Costa Real Municipal Water District dated May-25, -
Land Use Planninp
The applicant shall mylar of the final site plan incorporating the conditions contained herein. Said site plan shall-be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permit s .
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
All roof appurtenances, including air conditioners shall be
architecturally integrated and shielded from view and the sound buffered by a screen equal in height to the appurtenance.
The project shall attempt to develop a ride to work and home program for its employees with the North County Transit District .
- PC RES0 No. -3- EXHIBIT 0
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All parking areas shall maintain a 30 foot setback from Faraday Avenue and Palmer Drive. The applicant shall lan scape the setback area off of Palmer Drive in accordance wit $! the Carlsbad Landscape Guidelines manual to the satisfaction of the Director of 'Parks and Recreation.
Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
A uniform sign program for this development shall be submitted to the Land Use Planning Manager for his review and approval prior to occupancy of any building.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager .
All lighting for both the exis ng and the proposed new development shall be arran reflect away from .adjacent
The maximum allowable rior noise level generated by this project shall not exceed sixty-five Ldn as measured at the property line. Noise caused by motor vehicles traveling to and from the site are exempt from this standard.
properties. *Fy@
Parking shall be provided for this use as follows: Office Uses: 1 space/300 sq. ft. of gross floor area. Industrial Uses: 1 space/800 sq. ft. of gross floor area.
Engineering
19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
20) The developer shall install improvements on Palmer Way in conformance with City of Carlsbad Standards. These improvements shall include streetlights, street trees and sidewalks and shall be constructed prior to the occupancy of any new buildings on the site.
subject to review by the City Engineer. 21) A drainage plan shall be shown on the site development plan
Fire
22) Prior to the issuance of building permits, complete building
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plans shall be submitted to and approved by the Fire Department.
23) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall.
PC RES0 No. -4- MHl8lT 6 /oz
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The applicant shall submit two (2) Copies Of a site plan shoving locations of existing and proposed fire hydrants and on Bite roads and drives subject to the approval of the fire Marshall.
~n all weather access road shall be maintained throughout construct ion .
All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
All driveways shall be extended to within 150 feet of all portions of the exterior wall f the first story of any eP other systems pertinent to the
bui Id ing .
All fire alarm system automatic sprinklers, project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
hydrants, extinguishing systems,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the day of , 1984, by the following vote, to
Irit:
RTTEST:
AYES:
NOES :
ABSENT:
ABSTAIN :
YICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
PC RES0 No. -5-
BECKW - CARLS6,AD SOUTH
CARLSBAD BOULEVARD BRID6E AID ROAD IMPROVEMENTS
PROJECT NO. 3098
FUNDING BREAKDOWN
CITY - FAU - HBRR - COST - ITEM - SDGdrE -
BR I DGE $2, 769,0003 $2,106,000 $117,000 $546,000
ROAD $ 432,0003 -0- $372,000 $ 60,000
DESIGN $ 139,000 $ 91,000 $ 22,000 $ 26,000
2,197,000 - 2,118,000 (Maximum)
$ 79,000 - $ 79,000
711,000
$261,000
-450,000 -C $450,000
NOTES: 1. HBRR = Highway Bridge Replacement and Rehabilitation Fund (Pays 80.0oX of Cost)
(Pays 86.09% of Cost)
2. FAU = Federal Aid Urban Fund
3. Includes cost of construction plus 20% additional for construction management, soils and bridge testing, inspection
and staff time, and contingencies.
RHA 6/5/84
r
STATE OF CALICORNIA~USINESS AND TRANS~RTATION AGENCY GEORGE DEUKMEJIAN. Governor
DEPARTMENT OF TRANSPORTATION
(619) 237-6775 DISTRICT 11. P.0. BOX 85636. SAN DIEGO 92138-5406
11-SD-0-Cbd Carl sbad Boulevard Agua Hedionda Lagoon
Br. X57C-133 FAU M-S lOl(4)
Mr. Roy Kackley City Engineer City of Carlsbad 1200 Elm Avenue CrtrlSbad, CA 92008
Attention: Larry Dossey
Dear Mr. Kackley:
In response to your request for verification for the need of a four-lane bridge at Agua Hedionda Lagoon, we would like to reiterate the following requirements for bridge width:
The width of the bridge (number of lanes) is dictated by the traffic, both present and future, to be accommodated by the bridge Md the road- ways approaching It.
The Field Review shows a present ADT (Average Daily Traffic) of ll,OOO vehicles which increases to a predicted 22,000 vehicles during the design life of the bridge.
For the amount of traffic predicted tor this bridge during its service life, the FHWA would not finance, and CalTrans would not approve a bridge of less than four lanes at this location.
Sincerely,
W. R. Dotson Acting District Director
&S. By4%>- A. Kubich
\ District Local Assistance Engineer
JJA:+W cc : JJA EAK
[:3 il; 1384
February 15, 1984
C'TY Cf CARLSBAD
€Nc::::I:;WG CDARTMEN7
31-SD-0-Cbd Carlsbad Elvd. Bridge and Roadway ProJects 11210-962032
Mr. Ronald A. Beckman Assistant City Manager Developmental Services City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008
Dear Mr. Bechan:
This letter Is written to confirm discussions of meet1 s held on December 20, 1983, January 6, 1984, and February 9, 19 3 .
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The Traffic Management Plan (designated as Alternative #2 In the California Coastal Comlssion8Permit) Is not ac- ceptable to Caltrans and FHWA as a mitigation for the parklng lost due to the roadway widening proJect. To be eligible for Federal Highway Funds, Carlsbad Boulevard must be In operation at all times as a four-lane facility after construction .
To proceed f'urther with the Projects, the Contract Plans, Specifications and Estimate must be revised to Incorporate the parking mitigation as stated In the approved Envfron- mental Assessment.
The City will need a revised Coastal Commission Permit with parking mitigation specified that Is in agreement with the Envlromental Assessment . Caltrans would be wllllng to help the City obtain a revised Coastal Com- mission Permit which contains satisfactory parking miti- gation.
Your attention Is also directed to other project miti- gation measures In Section VI of the Environmental Assess- ment. mental Assessment muat be Included In the Contract Document 6.
All mitlgatlon measures specified In the EnvlronD
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Mr. Ronald A. Beckman -2- February 15, 1984
please conf-*-@ wlthg within six weeks from the date of this letter that tou will have the Plans, Specifications and Estimate revised to conf.om to the Environmental Assessment before Septem- ber, 1984, Bridge Replacement Fund Obligational Authority.
Should you be unable to meet the September date, we would release the Bridge Replacement Funds for use elsewhere in the State and put your project on a first priority basis for next Federal fis- cal year funding (sometime after October, 1984).
Your confirmation Is needed to avoid the loss of
Sine erely,
W. R. Dotson District Director
A/ E, A. Kubichek District Local Assistance Engineer
EAK: DWM : f r cc :EAKublchek DWMartin CHammer,HQ(wlthAttachment)