HomeMy WebLinkAbout1986-01-21; City Council; 8486; Approve Agreement for easement acquisitionQ
LU>oCCQ.O.
O
o
o
Oo
V»l . \jr VsMrtUODMLT — MVaCWL. ^ DIUL. " 1 i -^SD^
AB#
MTG._
DEPT..
/^/^
1/21/86
ENG
TITLE:APPROVE AGREEMENT FOR
EASEMENT ACQUISITION
DEPT. HD.yCO
CITY ATTYV^i
CITY MGR^2?-
RECOMMENDED ACTION:
By motion, adopt Resolution No. _£&£"? approving an
agreement between the City of Carlsbad and Michael and Vicki
O'Gara for the acquisition of a road easement on James Drive
Project No. 3135.
ITEM EXPLANATION
On December 17, 1985, Council approved the formation of James
Drive Assessment District. An easement through Michael and
Vicki O'Gara's property is necessary for the construction of
James Drive. An agreement was negotiated with the O'Gara's
and City agreed to pay for the acquisition of land through the
sale of bonds for the assessment district.
FISCAL IMPACT
If Council approves, the City will pay the O'Gara's the sum of
$32,492 for the acquisition of the road easement. This money
is included in the assessment spread to various property owners
on James Drive and will be reimbursed to the City through the
sale of bonds.
EXHIBITS
1 . Location Map
2. Resolution
the City of
acquisition
No.
Carlsbad
of a road
approving an agreement between
and~M~ichael and Vicki O'Gara for the
easement on James Drive.
LOCATION MAP
ROAD EASE MEN
BASSWOOD-*—r
HIOJECT NAME \PROJ.NO.
JAMES DRIVE ASSESMENT DISTRld 3135
EXHIBIT
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
RESOLUTION NO. _ 8359
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND MICHAEL AND VICKI O'GARA FOR THE
ACQUISITION OF. A ROAD EASEMENT.
WHEREAS, it is necessary and in the public interest to
purchase the road easement from Michael and Vicki O'Gara; and
WHEREAS, the City will pay to Michael and Vicki O'Gara the
sum of $32,492 for the acquisition of the road easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and
Michael and Vicki O'Gara for the acquisition of a road easement
on James Drive, a copy of which is attached hereto as Exhibit
"A" and made a part hereof, is accepted.
3. 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
Carlsbad City Council held on the 21st day of January _,
198 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
t
ABSENT: Non« C ^ .'./
ATTEST:MARY H././CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
PROJECT NO. 052-051-021
PARCEL NO. 205-060-16 &
156-212-06
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
THIS AGREEMENT is entered into this s<L day of
1985, by and between the City of Carlsbad, a municipal
corporation, hereinafter referred to as "CITY," and the
undersigned Grantors, hereinafter referred to as "GRANTOR," for
the acquisition by CITY of certain real property, or specific
interest therein, as herein set forth, hereinafter referred to as
"PROPERTY".
WITNESSETH THAT, WHEREAS, CITY has determined that it is in the
public interest to acquire certain real property interests for
street and public utility purposes, including an easement to
construct said street and public utilities, and
WHEREAS, GRANTOR is informed and acknowledges an awareness of
CITY's obligation to offer just compensation for PROPERTY (the
real property interests sought) and that the right to just
compensation shall mean the right to receive payment of not less
than the fair market value of the interest conveyed to CITY as
consideration for PROPERTY as prescribed by §7267.2 of the
California Government Code, and
WHEREAS, GRANTOR does hereby affirm and acknowledge that GRANTOR
has had the opportunity to review, and has received adequate
explanation of the engineered construction plans for the proposed
storm drain project and has been fully informed of all the
probable effects of such construction upon GRANTOR'S PROPERTY,
NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY COVENANT AND AGREE
AS FOLLOWS:
1. CONVEYANCE OF TITLE. GRANTORj-has delivered to CITY an
Easement Deed dated -,-J^f £?c^_^~t^~" conveying an
easement to CITY for street and public utility purposes,
situated in the City of Carlsbad, County of San Diego, State
of California, legally described as follows:
See legal description designated as Exhibit "A"
attached hereto, and by reference made a part
hereof.
-1-
EXHIBIT *A*
PARCEL NO. 205-060-16 &
156-212-06
2. CITY shall:
A. Pay to the order of the undersigned GRANTOR the sum of
$32,492.00 as just compensation within sixty days
after the above mentioned easement deed to said property
has vested in CITY.
B. Pay all the following items:
Recording fees and certain Trust Deed clearance fees
incurred in this transaction; premium charges for title
insurance if such title insurance is desired by CITY.
C. Indemnify and hold harmless the undersigned GRANTOR from
any liability arising out of the CITY'S operations under
this agreement.
D. Restore the surface of the property not within the
easement area so as to leave the area compacted, neat, and
clean/ where possible, at the conclusion of all
construction and related work.
3. All work done under this agreement shall conform to all
applicable ordinances and regulations relating to such work,
and shall be done in a good and workmanlike manner.
4. It is agreed and confirmed by the parties hereto that,
notwithstanding other provisions in this agreement, the right
of possession and use of the subject property by CITY or its
authorized agent(s), including the right to remove and dispose
of any improvements, shall commence upon the execution of this
agreement by both parties.
5. GRANTOR warrants that there are no oral or written leases on
all or any portion of the said property exceeding a period of
one month, and GRANTOR agrees to hold CITY harmless, and to
reimburse the CITY for any and all of its losses and expenses
occasioned by reason of any lease of said property held by any
tenant or GRANTOR for a period exceeding one month.
6. In the event GRANTOR is unable to deliver title in a
reasonable time under the terms of this agreement, CITY may
continue an action in Eminent Domain to pursue the acquisition
of said property, and this agreement shall constitute a
stipulation which may be filed in said proceedings as final
and conclusive evidence of the total amount of damages for the
taking, including but not limited to, value, severance
damages, and special benefits as provided in the Code of Civil
Procedure, regarding this parcel.
-2-
PARCEL NO. 205-060-16 &
156-212-06
7. Each individual executing this Agreement, either individually,
or on behalf of a corporation, partnership, or other entity,
hereby represents and warrants that he or she is duly
authorized to execute and deliver this Agreement on behalf of
such, and in agreement with its terms.
8. The performance of this agreement constitutes the entire
consideration for the rights granted to CITY and shall relieve
CITY of any further claims on this account. NO OBLIGATIONS
OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
IN WITNELSS WHEREOF, the parties have executed this Agreement
this r-&?^ day Of October, 1985.
Michael D.- O'Gara Vicki B. O'Gara
CITY;
APPK&^^^;^g^>tyAtton»y
BY:.By,
-snJQl Q Montc^hko
CITY ATTORNEY
-3-
EXHIBIT "A"
EASEMENT LEGAL DESCRIPTION
An easement for street and public utility purposes on, over,
across and through the hereinafter described land.
That portion of Lot 25 of Patterson's Addition to the Town
of Carlsbad, in the City of Carlsbad, County of San Diego,
State of California, according to the map thereof No. 565
filed in the Office of the County Recorder of San Diego
County September 22, 1888, described as follows:
That portion of the land described in a Deed to Robert W.
Crannell and Aria I. Crannell, recorded July 30, 1954, in
Book 5317, Page 41 of Official Records of said County, lying
within the following described land;
A strip of land 60.00 feet wide lying 30.00 feet on each
side of the following described centerline;
BEGINNING at a point on the existing centerline of Basswood
Ave. (60.00 feet wide), said point being distant thereon
North 50°06I25" East 516.89 feet from the centerline inter-
section of said Basswood Avenue and Highland Drive (60.00
feet wide), as shown on Parcel Map No. 12764 filed in the
Office of the County Recorder of said County;
Thence North 31°12'50" West 568.37 feet to the beginning of
a tangent curve concave southwesterly having a radius of
200.00 feet; thence northwesterly along said curve through a
central angle of 3°19'51" an arc distance of 11.63 feet;
thence tangent to said curve North 34°32'41" West 100.00
feet to the beginning of a tangent curve concave northeast-
erly having a radius of 300.00 feet; thence northwesterly
along said curve through a central angle of 11°37I21" an arc
distance of 60.86 feet; thence tangent to said curve North
22°55'20" West 196.95 feet to the beginning of a tangent
curve concave southwesterly having a radius of 300.00 feet;
thence northwesterly along said curve through a central
angle of 11°37'21" an arc distance of 60.86 feet to a point;
said point being 110.01 feet measured at right angles from
the Northwesterly line of Lot 24 of Patterson's Addition to
the Town of Carlsbad, according to the map thereof No. 565
filed in the Office of the County Recorder of San Diego
County September 22, 1888.
API 156-212-06
EXHIBIT "A"
EASEMENT LEGAL DESCRIPTION
An easement for street and public utility purposes on, over,
across and through the hereinafter described land.
That portion of tract 123 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, as per
Map thereof No. 1661 filed in the Office of the County
Recorder of San Diego County March 1, 1915, described as
follows:
That portion of the land described in a Deed to Michael D.
O'Gara and Vicki B. O'Gara recorded November 1, 1978 as
File/Page No. 472207, records of said County, lying within
the following described land;
A strip of land 60.00 feet wide lying 30.00 feet on each
side of the following described centerliae;
BEGINNING at a point on the existing center-line of Basswood
Ave. (60.00 feet wide), said point being distant thereon
North 5Q°06'25" East 516.89 feet from the centerline inter-
section of said Basswood Avenue and Highland Drive (60.00
feet wide), as shown on Parcel Map No. 12764 filed in the
Office of the County Recorder of said County;
Thence North 31°12'50" West 568.37 feet to the beginning of
a tangent curve concave southwesterly having a radius of
200.00 feet? thence northwesterly along said curve through a
central angle of 3°19'51H an arc distance of 11.63 feet;
thence tangent to said curve North 34°32'41" West 100.00
feet to the beginning of a tangent curve concave northeast-
erly having a radius of 300.00 feet; thence northwesterly
along said curve through a central angle of 11037'21" an arc
distance of 60.86 feet; thence tangent to said curve North
22°55'20" West 196.95 feet to the beginning of a tangent
curve concave southwesterly having a radius of 300.00 feet;
thence northwesterly along said curve through a central
angle of 11037'21" an arc distance of 60.86 feet to a point;
said point being 110.01 feet measured at right angles from
the Northwesterly line of Lot 24 of Patterson's Addition to
the Town of Carlsbad, according to the map thereof No. 565
filed in the Office of the County Recorder of San Diego
County September 22, 1888.
API 205-060-16
CAniDI I D
+
U)1
30'
V5
«-v
^
m
CURVE DATA
K - 270.00'
L » 54.77'
(&J K * 23o.o<»'
^-« /3.37'
*V6//r or V*HV 7-tf Sf AC.QUIKBD
AREA - 7400 £<?. FT.
WORK DESCRIPTION _AV £A<ZSMefi/T FoK. Pu8UC.
LOCATION S\*l OF yA>LLE.Y ST. { Sg OF O
t <Sriu-
AV£.
VEiTINC O&ABA
A.P. NO. 2Qg - OCoO - I6>
S R NO TRACT NO
BOOR
HLE_