Loading...
HomeMy WebLinkAbout1985-03-05; City Council; 8071; Public improvement requirements appealLn 03 I m I m 1. Location Map. ~ 2. Letter of Appeal dated January 28, 1985. i 3. Future Improvement Agreement dated June 1978. IDEPT. HD.L AB#^ MTG, 3/5/85 DEPT.FNG I CITY MOR.-. APPEAL OF PUBLIC IMPROVEMENT REQUIREMENTS TITLE RECOMMENDED ACTION: If Council supports the property owners appeal, their a.ction would be to instruct staff to revise the future improvement agreement with the Gavins to include only those improvements on Tierra del Oro. ITEM fXPLANATION: In 1978, the Gavins received a building permit to construct a single family residence at 5001 Tierra del Oro. The Carlsbad Municipal Code, Section 18.40, required the Gavins to construct street improvements as required to bring the streets on which their lot had frontage up to standards. They were allowed to sign a future improvement agreement to construct improvements when required. Because the Gavin lot had frontage on Tierra del Oro and on Carlsbad Boulevard, the estimate of work used for the future improvement agreement covered both frontages. The Gavins recently realized that they were obligated for work on Carlsbad Boulevard. They, furthermore, discovered that they were the only ones in their subdivision who had this responsibility. All the other lots are already developed and can be obligated for street improvements only if they remodel and the building permit exceeds $10,000.00 in value. The City has a street widening project scheduled for 'this area within the next couple of years. The Gavins' request is to be relieved of their obligation on the Carlsbad Boulevard frontage only. They will retain their obligation on Tierra del Oro, the street on which they front. FISCAL IMPACT If Council grants the appeal, we will assume responsibility for street improvements estimated at approximately $9,000.00. EXHIBITS i t 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (714) 438-5535 APPEAL FORM X (We) appeal the following decision of the City Engineer to the Citv Council: Project name and number (or subject of appeal): Parcel No. 210-020-20, Lot 20 of Tierra Del Oro St. Map 3052 Date of decision: June 1978 Reason for appeal: Modi€ication of the requirements of Chapter 18.40 of the January 28,1985 Date t en C. Gavin 5001 Tierra Del Oro St. , Car1sba.d Address 619-438-2617 Telephone Number Ja.nuary 28, 1985 Honorable Mayor and Council Members City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Subject: Contract for Future Public Improvements Parcel No. 210-020-20 Dated June 5, 1978 Reference: Ordinance No 8067, and Carlsbad Municipal Code Title 18, Chapter 18.40 Honora.ble Ma.yor and Council: Modification of the requirements of Chapter 18 of the Car1sba.d Municipal Code is hereby requested. Specifica.lly, that all improvements required by the above referenced ordinance be ma.de to our frontage street, Tierra Del Oro, and that any re- quirement for improvements to Carlsbad Boulevard be deleted. Prior to the issuance of a building permit for our residence on the above referenced parcel, we were advised by the City that no access to our property from Carlsbad Boulevard would be allowed, and that access must be from Tierra Del Oro Street. Additionally, we were advised that we would have to provide for future public improvements along our frontage street, or not receive a permit to build. We accepted this requirement, as it seemed fair and equitable, and would certainly enhance our property. We signed the necessary documents believing that the future improvements applied to Tierra Del Oro Street; a street without curbs or sidewalks. (Please see attached photo of Tierra Del Oro Street in 1978.) It has recently come to our attention that the proposed improvements to Carlsbad Boulevard include a portion that is considered by the City to be our responsibility, even though we have no access to Carlsbad Boulevard. Additionally, we have the distinction of being the only private property owner within the project boundrks to be so assessed. Unfortunately, the contract that was executed does not specify a particular street for improvement, but simply lists the types and costs of such improvements. Had the street to be improved been specified, the contract would have been questioned, and some form of relief requested in 1978. Honorable Mayor and Council City of Carlsbad Page 2 In summary, we feel we have been unreasonably assessed for improvements to a ma.in a.rteria1 route to which we ha,ve no direct access or connection. Our parcel is the only one of the seven which front on Tierra Del Oro and abut Carlsbad Boulevard to be so assessed. We are prepared to contribute our fair share to improve the street on which we have frontage, but to a.ssess us for improve- ments to Ca.rlsbad Boulevard is extremely unfair and violates what we believe is the spirit and intent of Ordinance 8067, and Chapter 18.40 of the Municipa.1 Code. Tha.nk you for your consideration. Yourfiy, 5001 Tierra Del Oro Carl s bad, California ,- *I .- . r;. ... .. 1 NO FE Space above this line for Recorder's use Documentary transfer tax: $ NO fee F&" ~ - ~~ ~ Signature of declarant determininq tax- firm name City of'carlsbad Parcel No. 210-020-20 CONTRACT WR FUTURE ?UBLIC Il@ROVEKENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal . corporation, hereinafter referred to as "City", and Jams Y. Gavin and Karen C. Gavin, husband and wife as joint tenants hereinafter referred to as "Property Owner". RECITALS r i Wris-8 Property Owner has applied to City for a Building Permit '(Plan Check No. ,784 -7 - for the real property hereinafter described, now under Property Owner's owhership; and WHEREAS, it has been found that said property is not suitable for . development in its present condition: however said property would be suitable for development if certain public improvements hereinafter described are . constructed and certain irrevocable offers of dedication are made to City; and; , WXEREAS, thn Municipal Code of City, Chapter 18.40 requires certain .-1 i ' improvtmants and aedications as a condition of approval of this Building .&A Permit; and -IS# Property Owner has requested said Building Permit be 2 ?ranted by City in advance of the tima said improvements are to be made; --A --- - .and WXBREAS, Property Owner, in consideration of the approval of -- said Wiiding Permit desizoo to enter into this agreement securing the cone;xuGLlon of said fqrovctmnia, .-dl CiLy iiar; dakuruliued ii Lo be i~i tire public interest to agree to temporarily postpone said construction; EXHIBIT 3 5 * NOW, TIIEI(EPORE, IT IS AGREED between the parties hereto as I followo: . Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check Nuniber 3-r~; 1- Section 2. That Property Owrler, in lieu of making the hereinafter described improvements before approval of said Building Permit is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be required to make said inprovaments before June 15, 1979 or within such further period of th as i8 v granted by City, provided, however, that upon the happening of either of the following occurrences said improvements may, at the sole election of - City, be required to be made sooner than said date or4&W$ &tended poriod of time which may have been grhnted by City: (a) When the City Council finds that the owners of 40% or more sf the frontage, including the frontage of Property Owner, between inter- secting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to install street improvements to City specifications; . - 0 9 (b) When Owners of more than 501 of the frontage, between inter- : secting streets on both sides of the street upon which the property herein described has frontage, have petitioned the City to form an improvement , di8trict for the improvement of said streets. d Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said . improvemsnts at the time of sig&g this contract is $ 5,165.00 0 - Property Owner hereby acknowledges that said cost is a reasonable estimate 02 engineering and construction costs at this time and that the actual Cost of same at so= time in the future may exceed this estimate. _- - Section 3. That for the faithful pezfornranco of the promisas and covenants herein contained, Property Owner hereby grants $0 City a lien upon the hereinafter described property in the amount of $5165.00 . plus any future increases of cost in excess of this' sum resulting from increased engiheering and construction costs, and in the event Property Owner, his successors, heirs, assigns, or transfc7ees fail to install and construct said improvements in the manner and within the time spcci- fled herein, he agrees that City may do any or all of the follawing: (a) Have the necessary engineering for said improvements done, and install and construct said improvements by contract or other- wise. portion.or portions of the pioperty reasonably necessary for said engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, his City or its contractor and his emp'loyees may enter upon any successors, heirs, assigns, or transferees immediately upon completion of said improvements. c&pletion,'City may foreclose said lien as p'rovided by law for the foreclosure of mortgages. In the.tvent same is not paid within 30 days from (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve- rnents, and foreclose said lien in said amount. (c) Pursue' any remedy, legal or equitQble (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, his successors, heirs, assigns, and ti-ansferees, shall be liable for reasonable attorney's fees as a cost in said-proceedings. Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shalt not be binding upon the holders, mortgagees, or beneficiaries of any purchase. money mortgage orpurchascmoney deed af trust for value which has been or may in the future be executed by the Property Owner, his successors, heirs, assigns, or trclnsferees, and the lien hereby created shall be and Is hcrcby subordinated to cnd declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money dccd of trust. of no Force or effect against any owiicr whose tftlc to thc propcrty here- Inafter dcscribcd is acquircd by or as a. result of a forcqlosurc or Thc licn hereby created shall likcwise bo (3) 7 .- ! .. .I .. ... . trustees' sale of any such purchase money mortgaue or purchase money deed of trust. $&.tion 5. That'at any time during the period herein provided, the Property Owner, his successors, heirs, assigns, or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge sqid surety with the cost of said Improvements; the amount of bond to be the estimated cost of engineerlng and improvements at the time of such deposit or posting as ascertained by the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it as to which said . deposit or posting applies, fran the provisions of this agreement, and to execute any necessary release to enable the record title of the pro- perty to be released from the lien herein imposed. *. Section 6. Said City shall not, nor shall any officer or employee thereof, be liable' or responsible for any accident, loss or damage happening or occurring' to the work or .improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or preperty injured by reason of said work or improvements, * but all of said liabilities shall be assumed by said Property Owner, and his'successors, heirs,. assigns, and transferees, and. they sha.11 save the . - City harmless from, and indemnify the City against, any and all claims, suits.and liabilities of or to any person or property injured or claim- ing to be injured as a result of said work or improvements. Said Pro- perty Owner, 3nd his successors, heirs, assigns, and transferees, further ' agrees to protect said City and the officers and employees thereof from a11 liabllity or claim because of, or arising out of, tho use of any patent or.patented article in the construction of said improvements. Section 7. It is further agreed that said Property Owrler wlll at all times up to the completion and acceptance of said work and im- provenlcnts by the City, give good and adequate warnlng to the' traveling public of any dangerous or defective conditions of public property. PrGperty Owner hereby agrces to pay for such inspaction of hprovements as may be roquircd by the City Jngincer of City. The Section 8. This agrement and tho covenants contained heroin shall hc bindinq tipon and inure to the hencflt of thc siicccssors, heirs, ('#I ~ * 2359 assigns, and transferees of Property Owticr, shall run with sajd rea1 property, and. create an equitable servitude upon said real property. Section 9. A description of the property referred to herein J and upon which said lien is imposed is described as follows: Lot 20 of TIERRA DEL ORO, in the City of Carlsbad, County of San Diego, state of California, according to Map thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. EXCEPRNG THEWFIUIDW that portion now or hemtofore lying below the man .. Mgh tjck line of the Pacific Ocean. xx xx I xx .. _. .. .. xx " XX.. . 4. .. .. " . ,. xx- f .. '. xx .. - -1 . .I xx .. . xi . - Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: . Improvements 1. A.C, Pavement & Base 2. 6" P.C.C. Curb & Gutter . 3. 4" P.C.C. Sidewalk 4. 6" P.C.C. Median Curb 5. Portion Street Light Cost 6. Engineering & Contingencies Estimated Costs ' $ 2,630.00 585.00 61 5 .OO 410.00 250.00 . 675.00. TOTAL COST $ 5,165.00 E OF CALIFORNIA ) . , before me the undersigned,.a I WITNESS my hand and officiar'seal. - f 2 - . :-- - . .. - section 10. The required improvements to the. estimated costa aereof are as follows: . be constructed and Estimated Costs , Improvements ' $2, ,630.00 585 .OO 615.00 410.00 250.00 , 675.00. 1. A.C, Pavement & Base 2. 6" P.C.C. Curb & Gutter . 3. 4" P.C.C. Sidewalk 4. 6" P.C.C. Median Curb 5. Portion Street Light Cost 6. Engineering & Contingencies (3510 s.f. 117 1.f. 585 s.f. 117 1.f. .. TOTAL COST - -1 e'?;tecuCed. ai' *wiWiin''fiStkWflt? 'dh'*M&f"~SYT~%fct "Bhkfcrpat'L-Lrpwa6ion to ma that such City of Carlsbad, Cal,ifornia, ezecuted .- WITNESS ~py hand and official seal. - - . I- ' : .' . I - I I ! I I 1 -. ( .'.. , . ....... i //. (Notarial acknowledgement of execution of mors mast bo atkched)