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HomeMy WebLinkAbout1986-07-15; City Council; 7769-5; FINAL MAP CARLSBAD TRACT 83-20 (RISING GLEN). (- '" ' 4-4 a w > 0 M Q a -x .. z E! b < 1 0 2 3 0 0 -' f AB# 77Co?- #i TITLE: DEPT. CITY i MTG.nz,&j&& ClBOF CARLSBAD - AGENFjij1l.L -\ FINAL IMAP CARLSBAD TRACT 83-20 DEPT.~- (RISING GLEN) CITY 1 RECOMMENDED ACTION: Adopt Resolution No. 87// to summarily vacate a portion of El Camino its intersection with Elm Avenue. Adopt Resolution No. R7/% approving the quitclaim of the right-of-wa) portion of El Camino Real at its intersection with Elm Avenue. Approve Final Map of Carlsbad Tract No. 83-20, Rising Glen. ITEM EXPLANATION Engineering staff has completed checking the final map of Carlsbad Traci Rising Glen, a 75-lot residential subdivision located west of the inte of El Camino Real and Elm Avenue for conformance with the Subdivision and the Carlsbad Municipal Code. The Final Map conforms substantially \ conditions of approval and the Tentative Map as approved by City Coi July 17, 1984 per Resolution No. 7673. A condition of the Tentative Map required developer to secure off-site r way for the extension of Elm Avenue. Per Resolution No. 8644, adopted 1986, the City Council approved an agreement between Multitech Pro1 developers of the project, and the City of Carlsbad that addres Tentative Map condition. Per Elm Avenue. This project is located in the northwest quadrant and shown on Exhibi Ordinance No. 9791 as an infill project and is therefore exempt moratorium. said agreement, the City is to vacate and quitclaim two parcels of right-of-way along the westerly side of El Camino Real at its intersect FISCAL IMPACT The project is estimated to generate park-in-lieu fees of $159,000 (7 family detached at $784.00 per unit and 195 multiple family dwellings at per unit), sewer connection fees of $286,000 and water capital $364,480. No detailed economic impact analysis of this development has been ca While increased operating expenses related to this development are exp be offset from increased tax or fee revenue, no exact percentage of of be predicted. I 1) li) .- '0. Page 2 of Agenda Bill No. 776?- *A- V EXHIBITS 1. Location Map 2, Plat of Project 3, Resolution No. 871 1 to summarily vacate a portion of El Camino Re its intersection with Elm Avenue. 4. Resolution No. p7/2 approving the quitclaim of the right-of-way c portion of El Camino Real at its intersection with Elm Avenue. 5. Quitclaim Deed conveying a portion of El Carnino Real to Mult Properties. 6. Resolution No. 8644 approving an agreement between the City of Ca and Multitech Properties. Agreeement between the City of Carlsbad and Multitech Properties. 7. 8. Resolution No. 7673. '. * I - LOCATION MAP 0 *I, - PROJ. NO. PROJECT NAME *RISING GLEN C.T. 83-21 ." 4 I PLAT OF PROJECT r \ \ \ \ SAKARIA 4 PROJ. E PROJECT NAMERISING GLEN NO. l"ll"lO 83-20 3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1v 18 19 e 9 RESOLUTION NO. 8711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING STREET ITS INTERSECTION WITH ELM AVENUE. RIGHT-OF-WAY OVER A PORTION OF EL CAMINO REAL AT WHEREAS, the existing street right-of-way contains no public fac or appurtenances, and provides no useable access to the adjoining prop€ NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an easement for all utility purposes is excepted fl vacation. 3. That, pursuant to Sections 8333 and 8334 of Chapter 1051 California Streets and Highways Code, the street right-of-way as desc and as shown on Exhibit "B", attached hereto and incorpo I Exhibit "A" reference, be summarily vacated. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl Council held on the 22nd day of' jUlv , 1986 by the following i wit: !i AYES: Council Members Casler, Lewis and Kulchin 20 21 22 23 I 24 25 26 NOES: Council Member Pettine ABSENT: Council Member Chick -% /@ i- &4 MARY H. ASLER, Mayor ATTEST: h!-eL&LRd- ALETHA L. RAUTENKRANZ, City Clerk l (SEAL) i 27 28 i i -- dP . -w STREET VACATION THOSE PORTIONS OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSRAD, ACCORDING TO PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED IN DEED TO BURTON BASKIN, ET AL, RECORDED MAY 23, 1961 AS DOCUMENT NO, 88443 IN SAID RECORDER'S OFFICE DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT A POINT ON THE CENTERLINE OF THAT 126.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN A DEED TO SAID COUNTY OF SAN DIEGO PER DOCUMENT NO. F/P 153168 RECORDED SEPTEMBER 15, 1968 IN THE OFFICE OF THE SAID COUNTY RECORDER, SAID POINT BEING DISTANT THEREON NORTH 14'01'47" WEST 507.08 FEET NORTHERLY FROM THE NORTHERLY END OF THAT CERTAIN CURVE THEREIN, HAVING A RADIUS OF 10,000 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 75'58'13" WEST 63.00 FEET TO A POINT ON THE WESTERLY LINE OF THE HEREINABOVE DESCRIBED 126.00 FOOT STRIP OF LAND BEING THE TRUE POINT OF . BEGINNING; THENCE NORTH 17"20'33" WEST 371.19 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'09'27" A DISTANCE OF 162.15 FEET; THENCE TANGENT TO SAID CURVE, NORTH 33'30'00'' WEST 237.77 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'37'O5" A DISTANCE OF 22.37 FEET TO A POINT "A" SAID POINT "A" BEING ALSO A POINT OF CUSP; THENCE NORTH 78"52'53" EAST 88.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET TO THE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78'17'00" A WIDE STRIP SAID POINT BEING ON THE ARC OF A 2937.15 FOOT RADIUS CURVE CONCAVE WESTERLY (2937.00 RECORD) A RADIAL LINE TO SAID POINT BEARS SOUTH 67'09'53" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8"48'20", A DISTANCE OF 451.40 FEET; THENCE TANGENT-TO SAID CURVE SOUTH 14"01'47" EAST 295.31 FEET TO THE TRUE POINT OF BEGINNING. DISTANCE OF 34.16 FEET TO A POINT ON THE WESTERLY LINE OF SAID 126.00 FOOT .- * "EXHIBIT A" Page 1 of 2 .a . -v .. I PARCEL 6 BEGINNING AT THE AFORESAID POINT "A"; THENCE SOUTH 78'52'53" WEST 39,12 FEET; THENCE NORTH ll"O7'07" WEST 84.00 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE, THE CENTER OF WHICH BEARS NORTH 42"07'24" WEST 35.00 FEET FROM SAID POINT; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65"52'36", A DISTANCE OF 40.23 FEET; THENCE TANGENT TO SAID CURVE NORTH 18°00'00'' WEST 281.55 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 575.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16"17'59" A DISTANCE OF 163.58 FEET; THENCE TANGENT TO SAID CURVE NORTH 34'17'59" WEST 447.47 FEET TO A POINT ON SAID WESTERLY LINE OF THE SAID 126.00 FOOT STRIP; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 38'20'01" EAST 269.47 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2937.15 FEET (2937.00 RECORD); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'47'29" A DISTANCE OF 655.73 FEET TO A TANGENT COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104°25'25" A DISTANCE OF 45.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 78'52'53" WEST 96.16 FEET TO THE TRUE POINT OF BEGINNING. Y 08263 S.V. JY 5-13-85 "EXHIBIT A" Page 2 of 2 - 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 e w REOLUTION NO. 8712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF RIGHT-OF-WAY OVER A PORTION OF EL CAMINO REAL. WHEREAS, the City Council of the City of Carlsbad has determined j in the public interest to quitclaim said right-of-way; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a portion of right-of-way e: over a portion of the westerly side of El Camino Real at its intersect. Elm Avenue of Rising Glen, Carlsbad Tract No. 83-20, to Multitech Pro1 Inc., which is on file with the City Clerk and is incorporated reference; is approved. 3. That the Mayor is authorized to execute the deed and the Cii is hereby authorized to cause the original quitclaim Deed to be recc the Office of the County Recorder of San Diego County, State of Califo i PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl 19 1 Council held on the 22nd day of July , 1986 by the following - 21 22 23 24 25 26 27 28 I AYES: Council Members Casler, Lewis and Kulchin NOES: Council Member Pettine ABSENT: Council Member Chi Yd &L MARY H. CAS ER, Mayor ATTEST : Lu-G&L%L I ALETHA L. RAUTENKRANZ, City CleS 1 (SEAL) ~ 1 I I j I I *- - . RECORDING REQUESTED S e Multitech Properties, Inc. AND WHEN RECORDED MAIL TO r 1 Name Multitech Properties, Inc. 5820 Miramar Road, Suite 200 ?~~~~s, San Diego, CA 92121 City h State L J 0 SPACE ABOVE THIS LINE FOR RECORDER'S US1 I THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF CARLSBAD, AMLINICIPAZ, CORPORATION hereby REMISEiS) , RELEASE( S) AND FOREVER QUITCLAIM IS) to MULTITECH PROPERTIES, INC., A CALIFORNIA COWORATION the following described real property in the CITY OF WSBAD county of SAN DIEGO state of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF ALL AS SHOWN ON ~BIT..IJ3"--~~~-~~.~~. JIADE. A. PART THEREOF . CITY OF CARLSBAD a Munici a1 C ; yjH.&CA, ER. Mavor A. he*Ore me. the under. ALETHA L. RAUTENKRANZ, City Cler Dated July 23, 1986 >>. )-- STATE OF C.4LIFORP;IA COCXTY OF On signed. a Notary Pul,lic in and for said Ctate. personally appeared ~ - - / -~ ___ . known to me to he the persoi;--whose name- subscribed to the wlthiii instrument and acknowledged that WITNESS my hand and official seal. Signature executed the same. Xame (Typed or Printed) (This aieil lor &<,MI nOtari.LI ac;!l) lj exrcicted by a Corporntion the Corporation Form of Acknowledgment must be used. e . -e STREET VACATION THOSE PORTIONS OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSRAO, ACCORDING TO PARTITION MAP THEREOF NO, 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED IN OEEO TO BURTON BASKIN, ET AL, RECORDED MAY 23, 1961 AS DOCUMENT NO, 88443 IN SAID RECORDER'S OFFICE DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT A POINT ON THE CENTERLINE OF THAT 126.00 FOOT WIDE STRIP OF LAND AS DESCRIBED IN A DEED TO SAID COUNTY OF SAN DIEGO PER DOCUMENT NO. F/P 153168 RECORDED SEPTEMBER 15, 1968 IN THE OFFICE OF THE SAID COUNTY RECORDER, SAID POINT BEING DISTANT THEREON NORTH 14O01'47" WEST 507.08 FEET NORTHERLY FROM THE NORTHERLY END OF THAT CERTAIN CURVE THEREIN, HAVING A RADIUS OF 10,000 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 75O58'13" WEST 63.00 FEET TO A POINT ON THE WESTERLY LINE OF THE HEREINABOVE DESCRIBED 126.00 FOOT STRIP OF LAND BEING THE TRUE POINT OF . BEGINNING; THENCE NORTH 17O20'33" WEST 371.19 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 575.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16O09'27" A DISTANCE OF 162.15 FEET; THENCE TANGENT TO SAID CURVE, NORTH 33"30'00" WEST 237.77 FEET TO THE REGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'37'05" A-DISTANCE OF 22.37 FEET TO A POINT "A" SAID POINT "A" BEING ALSO A POINT OF CUSP; THENCE NORTH 78'52'53" EAST 88.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET TO THE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78O17'00" A WIDE STRIP SAID POINT BEING ON THE ARC OF A 2937.15 FOOT RADIUS CURVE CONCAVE WESTERLY (2937.00 RECORD) A RADIAL LINE TO SAID POINT BEARS SOUTH 67O09'53" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8O48'20", A OISTANCE OF 451.40 FEET; THENCE TANGENT-TO SAID CURVE SOUTH 14'01'47" EAST 295.31 FEET TO THE TRUE POINT OF BEGINNING. DISTANCE OF 34.16 FEET TO A POINT ON THE WESTERLY LINE OF SAID 126.00 FOOT - * "EXHIBIT A" Page 1 of 2 i. . -e PARCEL 8 BEGINNING AT THE AFORESAID POINT "A"; THENCE SOUTH 78"52'53" WEST 39.12 FEET; THENCE NORTH 11°07'07" WEST 84.00 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE, THE CENTER OF WHICH BEARS NORTH 42e07'24" WEST 35.00 FEET FROM SAID POINT; THENCE NORTHERLY ALONG SAIO CURVE, THROUGH A CENTRAL ANGLE OF 65'52'36", A DISTANCE OF 40.23 FEET; THENCE TANGENT TO SAID CURVE NORTH 18°00'00" WEST 281.55 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 575.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16"17'59" A DISTANCE OF 163.58 FEET; THENCE TANGENT TO SAID CURVE NORTH 34'17'59" WEST 447.47 FEET TO A POINT ON SAID WESTERLY LINE OF THE SAID 126.00 FOOT STRIP; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 38°20'01'i EAST 269.47 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2937.15 fEET (2937.00 RECORD); THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'47'29" A DISTANCE OF 655.73 FEET TO A TANGENT COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104'25'25'' A DISTANCE OF 45.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 78"52'53" WEST 96.16 FEET TO THE TRUE POINT OF BEGINNING. Y. 08263 S.V. JY 5-13-85 "EXHIBIT A" Page 2 of 2 ENGfNCEK OF WOKK: M &fimx$ ENVlRONMENTAL PUNNING - AltCHlTEOURE * ENC)NEERI& * A- Sn m CA 92123-W* 278-5150 -Inn_ -, 'lhlk CI7Y OF CARLS-5 I SHEET f 0 CARLSBAO 7mC7 NO. 03-20 1 RISING GUN A~~LL-~BBAAU#AI) P# AAAABA -. 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 e e RESOLUTION NO. 8644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF ELM AVENUE EXTENTION FROM EL CAMINO REAL TO ITS TERMINUS AT DONNA DRIVE. WHEREAS, the City Manager and the developer have rea mutually satisfactory agreement for the construction of t Avenue extension; and WHEREAS, the City has obtained the necessary agre from the abutting property owners; and WHEREAS, the City Council and the staff deen improvement project to be of great worth to the citiz Carlsbad; and WHEREAS, funding is available in the Capital Imprc Project budget. NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correct, 2. That the City Council approves the agreemenl i Multitech Properties, Inc. for the extension of Elm Aver 20 21 22 23 24 25 26 27 28 hereby authorizes the Mayor and the City Clerk to execu agreements on their behalf. 3. Expenditure of $285,000 from the funding for /// /// /// /// i /// /// I 1 2 3 4 5 6 7 8 9 10 11 12 13 I* 15 16 17 18 19 !I * m Year 1985/86 Capital Improvement Project No. 3177 is autborized, PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the day of 1986 by the following vote, to wit: AYES: NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL 1 20 21 22 23 24 25 26 27 28 I I i -. 0 0 AGREE#Nl BEIUEEW ME CITY 01; CARLSBAD MD COCISIRUCTI~ OF THE Un AVENUE u(TENSI0N FRlM EL WINO REAL TO ITS EXISTING TEanINUS AT WMA ORIVE - MJLTITECH PROPERTIES, ilC. FOR THE e This agreement is made this day of &he 1986 b between the City of Carlsbad, California, a municipal corporation hereafter called "city" and Multitech Properties, Inc., a California Corporation, here called WSubdivider.a R EC I TALS A. Subdivider is the developer of a project consisting of 195 apartment units and 73 single family residential lots for which development approvals have been given by the City Planning Commission and the City Counc (GPA/LU 84-3, ZC-304, SD84-3, CT 83-20). Approval of the development projec justified in part because the subdivider offered and agreed to provide a net link in the City's circulation system by constructing Elm Avenue from its existlng terminus at Donna Drive to El Canino Real. The approval of the 19 apartment units and the 73 residential lots has provided the economic incen for developer to construct the Elm Avenue extension on property located out the subdi vi si on boundari es . B. The tentative map for the development (CT 83-20) was conditio approved by the City Council on June 17, 1984. A copy of City Council Reso No. 7673 and Planning Commission Resolution No. 2284 conditionally approvin tentative subdivision map for the development project are attached to this agreement and are incorporated by this reference, (see Exhibit 'A" attached condition No. 35 of the approval Subdivider is required to dedicate full rights-of-way and slope easements and to construct Elm Avenue to secondary arterial standards within the Subdivision boundaries. By condition 36 of tf tentative map approval Subdivider is required to dedicate full right-of-wa) slope easements for Elm Avenue to secondary arterial standards, provide ful 0 0 street grading, a 28 foot paved section, storm drains and appurtenances thert for Elm Avenue off-site of the subdivision from its existing terminus east oi Donna Drive to the westerly boundary of the subdivision. The off-site improvements must be installed at a time deemed necessary by the City Enginec but not later then occupancy of the 121st unit. Condition 36A of the tentati map approval authorizes the Subdivider to propose and the City Council to app an alternative plan for the financing of the dedication and improvement of El . Avenue. Condition 36A authorizes the City Council to modify the off-site Eln Avenue improvement condition without further pub1 ic hearing. On Apri 1 4, 198 the City Council tentatively approved an alternate plan for the dedication an construction of Elm Avenue. approves the a1 ternate plan. By this agreement the City Council accepts and C. Parties agree that construction of Elm Avenue to its full width quickly and expeditiously as practical is essential to provide needed public facilities for City and Subdivider. 0. Easements and rights-of-way are required for construction of Eli Avenue. Subdivider will dedicate the easements and rights-of-way within the subdivision boundaries. A portion of the off-site easements and rights-of-wa) were dedicated on the final map for CT 79-23 (CT 83-7). Concurrently with tht execution of this agreement the City and subdivider are executing an agreemenl (see Exhibit “6” attached) for acquisition of the remaining easements for strc and other purposes required for the construction of Elm Avenue. In addition 1 City and subdivider are executing the City’s standard subdivision improvement agreement, (see Exhibit “C“ attached) #or the construction of Elm Avenue. Bot agreements are attached hereto and are incorporated by this reference. -2- 0 a NOW, THEREFORE in consideration of the mutual covenants contatned herein, and of the recitals, It is mutually agreed by parties as follows: 1.a. Subdivider agrees to construct Elm Avenue as provided in the Subdivision Improvement Agreement which is being executed concurrently with agreement. The improvements shall be constructed within the time period established by the subdivision improvement agreement. b. Subdivider further agrees to bear all expenses, costs, fees ar charges including attorneys, engineers, appraisers, or other professional service fees incurred or charged in connection with the acquisition of the l Parcel right-of-way needed for the constructlon of Elm Avenue as provided ii subdivdsion improvement agreement. The obligations of the partfes regardinc use of eminent domain for acquisition of the easements necessary for the construction of Elm Avenue sha'll be as contained in the Agreement Between t City of Carlsbad and Multitech Properties Inc. regarding the Acquisition of Certain Easements for Street and Other Purposes as Required for Subdivision 83-20 which agreement is being executed concurrently with this agreement. c. The rights-of-way and easements necessary for the constructio Elm Avenue are over property referred to in this agreement as the "Sarkaria Parcel' and the "Jandro Parcel." These parcels and the general right-of-wa location are shown for convenience on Exhibit "Dm which is attached hereto incorporated by this reference. City agrees to acquire the necessary easen and rights-of-way for improvement and construction of Elm Avenue over the "Sarkari a" parcel . 2. In lieu of *acquisition by eminent domain of the rights-of-waj easements for the contruction of Elm Avenue across the "Jandro" property, 1 City agrees to permit a land trade between Subdivider and owners of the Jar -3- 0 0 property consistent with the boundary adjustment map attached hereto as Exhib "E" and incorporated by this reference, if Subdivider is able to negotiate th trade. City agrees that the parcel to be conveyed to Jandro may be shown as additional ht on the final map for CT 83-20, if the land trade is completed prior to approval of the final map. If' the land trade is made after the appr of the final map for CT 83-20 then the City shall process and approve a parce map to create the lot to be conveyed in exchange for the Elm Avenue right-of-\ and easements. The cost of processing the parcel map shall be borne by Subdivider. City agrees that the land trade as shown on Exhibit "F" will increase the density of the single family residential portion of CT 83-20 frm 2.0 dwelling units per acre to 2.1 dwelling units per acre and that the increi density is consistent with the General Plan and zoning designations for the property. 3.a. City agrees to pay to Subdivider the sum of $285,000 in consideration of the Subdivider constructing Elm Avenue to full secondary arteri a7 standards. b. One hundred thousand dollars shall be paid at the time full widtl grading is completed by the Subdivider and accepted by the City. The balance shall be paid upon acceptance of the Elm Avenue extension by the City. City agrees that it shall not unreasonably withhold acceptance of the work for the purposes of payment of the contribution and that payment may be made despite minor deficiencies in the work if such deficiencies are covered by the performance and labor and materials bonds securing subdivision improvement agreement. contribution shall not constitute acceptance of the improvements for the purpo: of the subdivision improvement agreement. Subdivider agrees that acceptance of the work for payment of City -4- @ e 7. IL 4. City agrees to vacate and quitclaim to Subdivider two parcels surplus right-of-way adjoining El Camino Real and more specifically describe Exhlbit *Gn attached hereto and incorporated by this reference. The vacatio conveyance shall occur prior to or concurrently with the recordation of the map for CT 83-20. In the event City determines that all or a portion of the parcels are needed for future publfc improvements Subdivider agrees to recon all or a portion of the parcels or an appropriate property interest therein the City at no cost. perform any of his obligations under this agreement or under the subdivision improvements agreement or the agreement for acquisition of rights-of-way the vacated parcels shall revert to the City. It is further agreed that if the Subdivider fails to 5. All deeds to the City for rights-of-way and easement shall be I without 1 iens or encumbrances. 6. It is agreed that the execution of this agreement shall not independently of other factors vest. any rights in Subdivider to build the apartments or houses permitted under the development approvals for this projt If it becomes necessary to determine whether Subdivider has vested his right! the project the determination shall be made in accordance with laws in existt at the time of the determination. 7. Subdivider acknowledges that City is developing a growth manage and public facilities management system, which may result in significant char in existing land uses and could reduce densities, and it is further acknowlec that all residential property within the pvoperty may be subject to any successful initiative land development requirements, Subdivider acknowledges that execution of the obligations of the agreement does not gain or develop z vested rlghts to further development or exemption from any land use or zone change and Subdivider does further hereby hold City harmless for any damages -5- 0 0 might result from any future development or land use modifications, whether the changes and modifications are made by the City Council or through populai initiative. and should such restrictions require an allocation of permits, City agrees ti Should the above-mentioned land use restrictions be adopted as afford developer the same consideration in the issuance of building permits the 195 apartments and 73 residential lots as is given to other developers w have installed improvements pursuant to conditions of the development approv 8. In recognition of the substantial financial commitment required initiate the construction of the onsite and offsite portions of Elm Avenue, City agrees to authorize the City Engineer and City Building official to iss the building permits for the 195 apartments and 73 homes when the applicant met all normal requirements and when the land development work of the projec has been substantially started, which is agreed to be when about one-half 01 the project area (the apartment site, the route for Elm Avenue, and about or of the single-family home area) has been cleared of vegetation and alluvial material has been removed from the canyon bottoms, canyon subdrains have bet installed, and.approximately 50,000 cubic yards of earth-moving have been a( plished. In no event, however, shall issuance of building permits excuse dc from completion of grading requirements pursuant to a17 City regulations, 1 and ordinances, and pursuant to all requirements of the subdivision map and related permits. Issuance of building permits under this paragraph shall b subject to-the provisions of Paragraph 7 of this Agreement and any laws or policies in effect at the time the permits are issued. 9. This agreement may not be amended except by written instrument executed by the parti es hereto. 10. The terms and provisions of this agreement shall be binding up and inure to the successors, assigns and beneficiaries of the parties. 11. Upon execution of this agreement by t,he parties hereto, City s cause this agreement to be recorded .in the Office of the County Recorder of County of San Diego. C 1) 5 the within of satisfactory evidence to be the person who executed X Resident, and it 4 U that executed the mthm instrument and acknowledged proved to me on the basis of satisfactory evidence to be th penon who executed the within insaumcnt as the wf the Corporation ment pursuant to its by-Iaws or a molution of its board of directors. WITNESS my hand and official seal c , to me that such corporation executed the within ~~SUU- iL .. Signature D -W~-.A%%\%%%=.¶-* 3 3 W, OFFICIAL SEAL E HELEN T. CCOKE 's-r - * NOTARY W~?~C-CAL~E~~RP:IA I@ 2% XfNCIPnL ;AN DliGO OFriCE C0L"I-f IN s. My Commission Expires Novemter 26, 1957 ,a (This M for offi n0trri.I 4) ,- # 1 2 3 4 5 6 7 8 9 10 11 12 8 8 13 a2 0 w4 14 a'pz E= 5~zg 15 mt u - ;: EO Ej >5 2 0 -0 16 17 l8 v s a, !.E 5 0 Ir G e 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 7673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 73 UNIT TENTATIVE MAP CT 83-20 ON 36 ACRES OF PROPERTY GENSRALLY LOCATED ON THE NORTHWEST AND SOUTHWEST CORNER OF EL CAMINO REAL AND FUTURE E APPLICANT: ALANDA CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS AVENUE CASE NO.: CT 83-20 WHEREAS, on April 25, 1984, the Carlsbad Planning Commission adopted Resolution No. 2284 approving tentative map CT 83-20: and WHEREAS, the City Council on June 5, 1984 held a hearing to consider the recommendations and heard all pers interested in or opposed to tentative tract map CT 83-20; WHEREAS, said tentative tract map has undergone pr environmental reveiw and a Notice of Prior Environmental Compliance has been issued on April 4, 1984. NOW, THEREFORE, BE IT RESOLVED by the City Counci the City of Carlsbad, California as follows: A. That the above recitations are true and corre B. That the findings of the Planning Commission I I ,/ Resolution No. 2284 constitute the findings of the City Co in this matter. C. That tentative tract map CT 83-20 together wi provisions for its design and improvement and subject to t conditions of this resolution, are consistent with all app general and specific plans of the City of Carlsbzd. D. That subdivision CT 83-20 is hereby approved to all applicable requirements of the Carlsbad Municipal C /// .. - -1 2 3 4 5 6 7 a 9 10 11 12 8 ‘Qs 3 4 13 45 a &3z us 14 z ,z= ggzi 15 in 3a ->au -wgd 16 jsga 17 >u c 3.8 19 20 21 23 22 24 25 5 0’ f >5 2 u 26 27 28 e 0 to the satisfaction of the conditions contained in Plannin Commission Resolution No. 2284, dated April 25, 1984, mark Exhibit A, attached hereto and made a part hereof, with th exception of the following addition of Condition No. 36.a recommended by staff : 0 “36.a. Prior to approval of the final map the Ci Council may approve an alternative plan to provid the financing of the dedication and improvement o Avenue. The City Council will consider any prop0 from the developer in that regard. Alternatives include but are not limited to, an-assessment dis or major thoroughfare reimbursement district, In their decision on an alternative financing plan t Council may modify the requirements of Condition without further public hearings. If alternative arrangements satisfactory to the City Council for financing of Elm Avenue are not approved and comp prior to final map approval then the developer sh comply with the requirements of Condition No. 36. ,. PASSED, APPROVED AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California on th 17th day of JdY , 1984 by the following vo wit: i I AYES: Council mmbers Casler, Lewis, Kulchin and Rescott I NOES: NO= ABSENT: Council mnkr ai& %L!?A MARY 8. C SLER, Mayor - ATTEST : AI&%%. {UT<: I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 0- PLANNING COMMISSION RESOLUTION NO, 2284 A RESOLUTION OF THE PLANNING COMMISSION OF THE RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY Ij THE NORTHWEST AND SOUTHWEST CORNER OF EL CAMINO FUTURE ELM AVENUE. APPLICANT: ALANDA CASE NO.: CT 83-20 CARLSBAD I CALIFORNIA, RECOMMENDING APPROVAL OF WHEREAS, a verified application for certain pro1 wit: All that portionn of Lot wJw of Rancho Agua Hed. the City of Carlsbad, County of San Diego, Statc California, according to Partition Map thereof 1 filed in the Office of the County Recorder of S, County, November 16, 1896, has been filed with the City of Carlsbad, and referred tC Planning Commission: and WHEREAS, said verified application constitutes i as provided by Title 21 of the Carlsbad Municipal Code; a WHEREAS, the Planning Commission did, on the 25t April, 1984, hold a duly noticed public hearing as prescr I law to consider said request; and i ll WHEREAS, at said public hearing, upon hearing an 28 ' //// I //// ," L 2 3 4 5 6 I 8 9 10 I' 12 13 14 15 0 0 Findings: 1) The project is consistent with the City's general pl, the proposed density of 19.7 du/ac on the north side Avenue and 2.0 du/ac on the south side of Elm Avenue the density ranges of 10-20 du/ac and 0-4 du/ac respc specified for the site as indicated on the land use ' the general plan. The proposed densities on both thc south sides of Elm Avenue can be justified because tl will provide a needed link to the City's circulation are compatible with surrounding land use densities ai apartment project to the north is well designed with amenities that exceed the requirements of the under1 2) As conditioned to mitigate the environmental concern! grading, the site is physically suitable for the typt and shape to accommodate residential development at proposed . density of the development since the site is adequatl 3) The project is consistent with all City public facil I icies and ordinances since: a) The Planning Commission has, by inclusion of an I condition to this project, insured that the fina not be approved unless the City Council finds th( service is available to serve the project. In ac I the Planning Commission has added a condition th shall be placed on the final map that building p not be issued for the project unless the City En( determines that sewer service is available, and 28 4) The proposed project is compatible with the surround land uses since surrounding properties have the same general plan. I density and are designated for residential developme 1 .- I 2 3 4 5 6 7 8 10 XI l2 13 gl 0 a 5) This project will not cause any significant environmc impacts and a Notice of Prior Compliance has been iss the Land Use Planning Manager on April 4, 1984 and ai the Planning Commission on April 25, 1984. 6) This project is approved on the basis that the applic agreed to provide variety in roof lines on the single portion of the site and will totally integrate one ar story units so as to not provide monotonous structurc from the local street or El Camino Real. 7) This project is consistent with the "El Camino Real Development Standards" plan. Conditions: 1) Approval is granted for CT 83-20, as shown on Exhibit "H", dated April 25, 1984, incorporated by reference file in the Land Use Planning Office. Development si substantially as shown unless otherwise noted in thes 2) This project is approved upon the express condition t final map shall not be approved unless the City Counc 1 as of the time of such approval that sewer service is to serve the subdivision. 1 conditions. l6 17 subject property unless the City Engineer determines 1 i facilities are available at the time of application f sewer permits and will continue to be available until occupancy. This note shall be placed on the final ma i s P i I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 ' * 0 7) Water shall be provided to this project pursuant to tl Service agreement between the City of Carlsbad and th Real Water District, dated Play 25, 1983. 8) The applicant shall prepare a reproducible mylar of t site plan incorporating the conditions contained here site plan shall be submitted to and approved by the L Planning Manager prior to the issuance of building pe Land Use Planning Office 9) The applicant shall establish a homeowner's associati corresponding covenants, conditions 2nd restrictions. CC&R's shall be submitted to and approved by the Land Planning Manager prior to final map approval. plan which shall be submitted to and approved by the I Planning Manager prior to the issuance of building pe. Such plan shall include landscaping and irrigation wi' area between the El Camino Real paving and the proper along the frontage of the project. The desiltation bl shall be shielded by a decorative screening wall and heavily landscaped. This area shall be maintained by owner of the apartment project north off Elm Avenue a' I Homeowners Association south of Elm Avenue. ' 11) A 500' scale map of the subdivision shall be submittec Land Use Planning Manager prior to the recordation of map. Said map shall show all lots and streets within adjacent to the project. to the Land Use Planning Manager as part of the final plan to determine which trees shall be required to be prior to the issuance of a grading permit or a buildi whichever occurs first. 10) The applicant shall prepare a detailed landscape and 12) A master plan of the existing on site trees shall be i I* 1 I I b .. '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e 0 16) All roof appurtenances, including air conditioners, architecturally integrated and shielded from view an buffered from adjacent properties and streets, pursu Building Department Policy No. 80-6, to the satisfac Land Use Planning Manager and Building and Planning ' 17) The applicant shall submit a street name list consisl the City's street name policy subject to the Land Usa Manager's approval prior to final map approval. 18) Approval of Tentative Tract No. 83-20 is granted sub: approval of GPA/LU 84-3, ZC-304 and SDP 84-3. 19) The applicant shall perform archaeological studies 01 property as suggested in the archaeological testing : performed by Westec Services, dated September 1, 198. The mitigation measure$ indicated in EIR 83-5 shall t: with and are incorporated herein by reference. 20) Eng in eer i ng 21) The developer shall place the following notes on the map: Geotechnical Caution: 1) "The possible existence of ancient landslides and mudflows within the boundaries of this subdivisic been noted in the Environmental Impact Report for subdivision. " 2) "Mitigation measures to alleviate the hazards ass with the possible landslides and/or mudflows have required as a condition of approval for the tenta for this subd ivi s ion . " 3) "The owner of this property on behalf of itself a indemnify the City of Carlsbad from any action th that may occur on, or adjacent to, this subdivisi, it's construction, operation or maintenance." The developer shall execute a hold harmless agree] regarding any damage and/or claims that may arise any geological failure and subsequent damage that 1 ,i ' I I its successors in interest has agreed to hold har I arise through any geological failure and subseque I 24 25 26 27 28 on, or adjacent to, this subdivision due to it's construction operation or maintenance. i 22) The developer shall obtain a grading permit prior to ' commencement of any clearing or grading of the site. 1 23) Prior to issuance of a Grading Permit the developer sl submit a detailed geologic investigation in accordanct the policies, guidelines and action programs of the Gf shall submit such additional data as may be required 1 City Engineer. I and Seismic Safety Element of the General Plan. The c I I PC RES0 NO. 2284 -5- b 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 .-- 0 0 244 The grading for this project is defined as "controlled by Section 11.06.170(a) of the Carlsbad Municipal Code Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinat inspection and testing to insure compliance of the WOI the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11.06 of t Carlsbad Municipal Code. 25) Upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Ci Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correct measures as actually constructed and must be based on map which represents both the pre and post site gradin plan shall be signed by both the soils engineer and th engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent 26) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own the affected properties. 27) Prior to the issuance of Q grading permit, the haul ro be submitted for review and approved by the City Engin separate grading plan shall be submitted and approved separate grading permit issued for the borrow or dispo if located within the city limits. AH slopes within this project shall be no steeper thar Terrace drains and benches shall not be included when measuring the degree of any slope. 28) ,29) For areas below the 200 foot contour line the develope] 1 perform remedial grading that consolidates and stabili: saturated and/or poorly compacted collovium/alluvium s( The remedial grading shall, as a minimum, include rem01 moisture adjustment replacing and recompaction of said ,! 28 /PC RES0 NO. 2284 -6- 1 I I I C a* ,. \ 1 * 2 3 4 5 6 7 a 9 10 11 - 12 -- l3 14 15 16 17 I* 19 0 e 32) The developer shall exercise special care during the construction phase of this project to prevent any off measures and shall construct temporary desiltation/de basins of type, size and location as approved by the Engineer. The basins and erosion control measures sh shown and specified OR the grading plan and shall be constructed to the satisfaction of the City Engineer the start of any other grading operations. removal of any basins or facilities so constructed th served shall be protected by additional drainage faci slope erosion control measures and other methods requ approved by the City Engineer. The developer shall m the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall g their maintainance and satisfactory performance throu deposit and bonding in amounts and types suitable to Engineer. siltation. The developer shail provide erosion contr Prior to 33) The developer shall construct desiltation/detention b type and size and at locations as approved by the Cit Engineer. The developer shall enter into a desiltati satisfactory to the City Engineer privr to the approv final map for this project. The provisions of this ai shall apply to any off-site borrow sites which may be in the construction of this project as required by th Engineer . 34) Land for all public streets and easements shown on thc tative map shall be dedicated on the final map and shi granted to city free and clear of all liens and encud -. maintenance agreement and submit a maintenance bond ! i I I//// I ' //// I \ j b 6. >- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . e e 35) Improvements including, but not limited to, the foll shall be installed by the developer and approved by Engineer prior to filing the final map. Alternately installation of said improvements shall be guarantee security agreement obtained by the developer in an a of a type required by the Carlsbad Municipal Code. a) , One-half street improvements to prime arterial s for the portion of El Camino Real that fronts th including median and median landscaping to the C satisfaction; b) All improvements shown on the tentative map; c) all storm drain system components shall be sized located to accomodate the ultimate level of deve anticipated for the locale. Additional storm dr facilities: i) An enclosed storm drain from the southerly of the project to the northerly side of El along the westerly side of El Camino Real alternative acceptable to the City Enginee ii) Additional storm drains and curb inlet at intersection of Rising Glen Drive and Ridg Drive ; iii) Providing a connection between the existin1 drain and the proposed storm drain at the easterly corner of the project; d) Removal of the existing curb returns on the east of the street at the intersection of Rising Glen Ridgecrest Drive and construction of curb and gu the easterly side of Ridgecrest Drive across the of Rising Glen Drive; e) Street trees; f) Street lights; g) Landscaping and protective and visual barriers a 20 21 I continuous barricade (standard drawing M-9.1) at j of "A" Street; I i) A water main providing a loop connection between I proposed water main at the southerly end of "A" : the existing water main in El Camino Real. 25 27 28 26 * development shall be bonded for prior to approval of map and installed at a time as deemed necessary by tk to occupancy of the 121st unit. I 37) Unless otherwise stated herein, all improvements shal completed to the satisfaction of the City Engineer pi occupancy of any unit in this development. I I Engineer, however, these improvements must be install i i PC RBSO MQ. 2284 -8- > t .- i I. 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 1'1 18 e 0 38) Excepting only the driveway serving the multi-family structures north of Elm Avenue that is shown on the 'I Map direct access rights for all lots abutting Elm A\ El Camino Real shall be waived on the final map. 39) The developer shall install a wheelchair ramp at the street corner abutting the subdivision in conformance of Carlsbad Standards prior to occupancy of any build 40) The developer shall comply with all the rules, regula design requirements of the respective sewer and water regarding services to the project. ~ll private streets and drainage systems shall be mai the homeowner's association in perpetuity. This resp shall be clearly stated in the CCbR's, 42) All concrete terrace drains shall be maintained by th homeowner's association (if on commonly owned propert individual property owner (if on an individually ownec An appropriately worded statement clearly identifying responsibility shall be placed in the CChR's. 43) Prior to recordation of any final map for this develo] owner shall give written consent to the annexation of I shown within the boundaries of the Tentative,Map into existing City of Carlsbad Street Lighting and Landscal District No. 1. 44) Approval of this tentative tract map shall expire twer months from the date of City Council approval unless i applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exter City Council may impose new conditions and may revise 41) map is recorded. An extension may be requested by tha ' 1; conditions. 25 I 147) I construction. An all weather access road shall be maintained through1 28 I iPC RES0 NO. 2284 -9- I I .I b4 .- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 " 0 * 49) All fire alarm systems, fire hydrants, extinguishins automatic sprinklers, and other systems pertinent tc project shall be submitted to the Fire Department fc prior to construction. Parks and Recreation 50) The El Camino Real median shall be landscaped and pr an irrigation system in accordance with the standard identified in the City of Carlsbad "Landscape Guide1 Manual" , The developer shall submit an "Open Space Maintenanc in accordance with the criteria identified in the "L Guidelines Manual" to the satisfaction. of the Parks Recreation Director prior to issuance of Building Permits. 51) PASSED, APPROVED AND ADOPTED at a regular meetirk Planning Commission of the City of Carlsbad, California, the 25th day of April, 1984, by the following vote, to wii Chairman Rombotis, Commissioners Rawlil Marcus, Lyttleton, Schlehuber and Smitl None AYES : NOES : ABSENT: Commissioner Farrow. ABSTAIN: None, 24 25 26 27 28 I i 1 1 PC RES0 NO, 2284 -10-