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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. 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