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HomeMy WebLinkAbout1986-09-23; City Council; 7612-3; Plans & Specifications, Bids for Cynthia Lane ADCIT’- 3F CARLSBAD - AGEND, -i--3lLL AB#%&k$ _ TITLE: MT&O9/23/86 APPROVE PLANS AND SPECIFICATIONS, ADVERTISE FOR BIDS, AND ACCEPT EASEMENTS CITYAm DEPT.MP I FOR THE CYNTHIA LANE ASSESSMENT DISTRICT 1 CITY MGR.2 RECOMMENDED ACTION: Adopt Resolution No roving plans and specifications and authorizing to advertise for bids for the construction of the Cynthia Lane Assessment District. Adopt Resolution No accepting Grant Deeds and Subordi- nation Agreement purposes for a portion of Cynthia Lane. Adopt Resolution No. approving three (3) agreements with gg/ 6 San Diego Gas and Electric Company to facilitate installation of utilities for the District. ITEM EXPLANATION: On March 25, 1986, Council approved Resolution No. 8460 which ordered the installation of improvements on Cynthia Lane. That resolution directed the City Engineer to construct the proposed improvements if the owners did not begin the work within 60 days, said time ending May 31, 1986. Owners of the three (3) western most lots, Gilbert, Sandy-LaRocca-Frontiera, and Engberg, proceeded to construct their portions of the improvements, approximately 320 lineal feet of frontage. The remaining frontage of 1,020 lineal feet remains to be built within the Assessment District. Attached are two (2) agreements with San Diego Gas and Electric Company to extend gas and electric utilities which is a cost included in the Assessment District construction estimate. Also attached is a third agreement with San Diego Gas and Electric Company to credit the District for providing the trench and conduit to install their utilities. FISCAL IMPACT: A summary of the estimated project costs is as follows: Project Design and Right-of-Way Construction Project Administration, Inspection and Soils Testing Assessment District IncidentalsJ Total Project Costs $ 36,595.OO 13.3,OOO.OO (est. 9,OOO.OO (est. 63,625iOO (est.) $242,220.00 No City contribution toward the District is contemplated, therefore, all project costs will be spread during the final assessment at the conclusion of the project. Page Two of Agenda Bill No. 71 12-7 EXHIBITS: 1. 2. 3. 4. Location Map. Resolution No. /“/ approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of Cynthia Lane. Resolution No. 8F A.5 accepting Grant Deeds and Subordi- nation Agreement. Resolution No. m/4 approving three (3) agreements with San Diego Gas and Electric Company to facilitate installation of utilities for the District. w L I LdCATPON MAP- BUENA VISTA’ AVE. 670’ I CYNTHIA c LEGEND - .I r --.m - ORIGINAL ASSESSMENT DISTRICT --- REVISED ASSESSMENT DISTRICT STRATFORD LANE TYPICAL SECTION . . VICINITY MAP N.T.S. r’ PROJECT NAME PRO.!.NO- EXHIBIT CYNTHIA LANE ASSESSMENT DISTRICT 3161 I - - Submitted to Applicant By: !'4ICHELE JOXES 0 SDGE AGREEMENT FOR GAS EXTENSION TO AND WITHIN NEW SUBDIVISIONS OR DEVELOPMENT This Agreement, dated , is into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, made and entered a corporation, hereinafter called "Utility", and The City of Carlsbad , hereinafter called "Applicant". Whereas, Applicant requests Utility to furnish Gas Service to the premises known as CYNTHIA LANE ASSESSYENT DISTRICT located at Cynthia Lane e/o Gregory, Carlsbad , therefore, In consideration of the mutual promises herein, the parties agree as follows: 1. Utility shall construct, own, operate, and maintain a gas extension, more particularly delineated upon the map attached hereto. 2. Applicant shall advance cash in the sum of $ 3.137.00 for the extension hereunder, as computed in Appendix A, receipt of which is hereby acknowledged by Utility. Utility agrees to refund any refundable advance made, in accordance with its Extension Rules in effect as of the date of this Agreement. 3. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing such work to completion within one year after the date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicant, to cancel and terminate the Contract Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall return to Applicant an amount equal to the above cash advance, minus Utility's costs. 106-18140D S/83 -l- 31- “Utility’s cost” is defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicant’s project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. In the event Utility’s costs exceed the above cash advance, Applicant agrees to pay Utility a sum equal to the amount by which the Utility’s costs exceed the advance. Upon exercise of its right to cancel and terminate and upon payment to Applicant, all of Utility’s obligations under the Contract Documents shall cease. 4. Applicant shall, upon Utility’s request, execute Utility’s standard form easements for the construction, service, presence, maintenance or inspection of Utility’s facilities as may be required hereunder. 5. No refund payment will be made by Utility in excess of the refundable amount advanced by Applicant, nor after a period of ten years from the date the Utility is first ready to render service from the extension. Any unrefunded amount remaining at the end of the ten-year period will become the property of the Utility. 6. This Agreement may be assigned by Applicant only upon the assignee’s written acceptance of said assignment, and the prior approval of Utility as evidenced by written endorsement thereon; however, such approva.1 shall not constitute a release of Applicant’s obligation hereunder unless expressly so provided in said endorsement. Utility may refuse to accept,an assignment of this Agreement unless executed on a form furnished and approved by Utility. 7. Applicant shall be governed by’utility’s applicable Rates and Rules on file with the California Public Utilities Commission, which Rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant on request. This Agreement shall at all times be subject to such changes or modifications as said Commission may, from time to time, direct in the exercise of its jurisdiction. 8. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals, as the case may be. 9. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. 106-18140D 5/83 -2- 34 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed fo!: and on behalf of each, by their duly authorized agents, partners, or corporate officers. APPLICANT: The City of Carlsbad SAN DIEGO GAS SC ELECTRIC COMPANY, BY ?@&s+iAiR,&-$y ;;oqo:.tion Authorized Signature-Utility Date: Address: The City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Date: 9-29-86 106-1814021 5/83 a -3- 37 1 Applicant The City of Carlsbad Date of Agreement 9-29-86 APPENDIX A I. Data Pertaining to This Installation Order No. 1376300 Date Utility Ready to Render Service 1. Total Estimated Cost Advanced for This Installation =I>$ 3,137.DO * II. Record of Advances for This Installation l Name Address Refundable Amount Advanced $ $ L’ Total $3,137.00 III. Record of Refunds Made Under This Agreement ' Date Lot Set No. Address Added -- -- Refunds Individual- Total Date -w Percent of Total x w x x 100 x Balance s- 106-18140D 5/83 Submitted to Applicant By: ?GCHELE SONES 0 SD% AGREEMENT FOR UNDERGROUND ELECTRIC EXTENSIONS TO AND WITHIN NEW RESIDENTIAL SUBDIVISIONS This Agreement, dated , is made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and The City of Carlsbad , hereinafter called "Applicant". Whereas, Applicant requests Utility to furnish Underground Electric Service to the premises known as CYNTHIA LAX ASSESSMENT DISTRICT located at Cynthia Lane e/o Greffory, Carlsbad , therefore, In consideration of the mutual promises herein, the parties agree as follows: 1. That portion of the underground extension to the new residential subdivision governed by Rule 15 shall be constructed in accordance with the allocation of work and cost information contained in Appendix A, which appendix is attached hereto and by this reference incorporated herein. 2. Applicant shall perform at its expense all excavation, backfilling and compaction, including furnishing any imported backfill material required, and will furnish and install all distribution and feeder conduit and --- required, all in accordance with Utility's General Conditions and the Specifications, attached hereto and made a part hereof by this reference. Applicant hereby grants, sells, and conveys to Utility all its rights, title and interest in and to all such substructures, distribution conduit and feeder conduit upon acceptance of the installation by Utility, in accordance with the above referenced General Conditions. 3. Applicant shall advance cash in the sum of $ 8,046*oo for the extension(s) hereunder, as computed in Appendix B, receipt of 106-281403 l/86 -l- which is hereby acknowledged by Utility. Utility agrees to refund any refundable amounts in accordance with its Extension Rule in effect as of the date of this Agreement. 4. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing such work to completion within one year after the date of the Contract Documents. If such work has not been completed within one year after the date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicant, to cancel and terminate the Contract Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall return to Applicant an amount equal to the above cash advance, minus Utility's costs. "Utility's costs" is defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicant's project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. In the event Utility's costs exceed the above cash advance, Applicant agrees to pay Utility a sum equal to the amount by which the Utility's costs exceed the advance. Upon exercise of its right to cancel and terminate and upon payment to Applicant, all of Utility's obligations under the Contract Documents shall cease. 5. Applicant shall, upon Utility's request, execute Utility's standard form easements for the construction, service, presence, maintenance or inspection of Utility's facilities as may be required hereunder. 6. In the event that any portion of the refundable cash advance has not qualified for refund at the end of 12 months after Utility is first ready to render service from the underground . extension, Applicant shall pay to Utility its ownership costs on that portion of the refundable advance for which refunds have neither been made, nor are eligible to be made. The ownership costs shall be equal to 3/4x per month of the total amount advanced, less all refunds made or eligible to be made to Applicant. Payment of such ownership costs will normally be made by deduction from the Applicant's refundable advance, but such deduction will not reduce the amount on which the cost of ownership charge is based. 7. No refund payment will be made by Utility in excess of the refundable amount advanced by Applicant, nor after a period of ten years from the date Utility is first ready to render service from the extension. Any unrefunded amount remaining at the end of the ten-year period will become the property of Utility. 106-281403 l/86 8. This Agreement may be assigned by Applicant only upon the assignee's written acceptance of said assignment, and the prior -2- , 9. 10. 11. approval of Utility as evidenced by written endorsement thereon; however, such approval shall not constitute a release of Applicant’s obligation hereunder unless expressly so provided in said endorsement. Utility may refuse to accept an assignment of this agreement unless executed on form furnished and approved by Utility. Applicant shall be governed by Utility’s applicable Rates and Rules on file with the California Public Utilities Commission, which Rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant on request. This Agreement shall at all times be subject to such changes or modifications as said Commission may, from time to time, direct in the exercise of its jurisdiction. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partner, joint venture or individuals as the case may be. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers. SAN DIEGG GAS & ELECTRIC COMPANY, -- Address : The City of Carlsbad 1200 Elm Avenue Authorized Signature-Utility Date : Carlsbad, CA 92008 Date : 9-29-86 106-28140E l/86 -3- Yi APPERDIXB I. Data Pertaining to the Installation of an Underground Electric Extension Within a New Residential Subdivision (Rule 15.1) A. Cost of Underground Electric Extension Within Subdivision 1. Total Footage of Property Fronting on Street 900 Front Footage x $ 8.94 per Foot Amount Collected m-w $ 8,046.OO B. Calculation of Amounts Subject to Future Refunding 1. 2. 3. 4. 5. 6. 7. 8. 9. Total Footage of Property Fronting on Streets 900 ft Less Single and/oT4Multi-Family Residential Lots in Subdivision x 125 feet per Lot 1750 ft Excess Footage (Line B.l Less Line B.2) -o- ft Less Separately Metered Dwelling Units in Excess of Two in Each Multi-Family Building x 25 Feet per Dwelling Unit -o- ft Excess Footage (Line B.3 Less Line B.4) -o- ft Nonrefundable = rtx$ $ -O- '7fZzTF Total Cost of Extension (Line A.11 $ 8,046.OO Less Nonrefundable Advance (Line B.6) $ -o- . Refundable Advance Collected (Line B.7 'Less Line B.8) $ 8,046.OO 106-281403 Conskuction Order Date Completed Refund Record - Underground Within Subdivision !r of lots in project 14 ndable advance S 8,046.Oo -‘;- number of lots ro ject 14 = $574.00 per lot kndable amount per lot to nearest dollar not to exceed ref:kdable amount llected as shown-abave) Lot No, Address Refund Recorc Date T- Paid of Refunds Deposit -7 Balance Amount Used for Ownership cost Date Ad justed Balance F . SUP -‘,-ted to Applicant by: MICRcLE JONES AGFWWENT. FOR UTILITY PAYMENT TO APPLICANT FOR INSTALLATION OF GAS TRENCH SYSTEM AND/OR ELECTRIC DISTRIBUTION SYSTEM REQUIRED BY UTILITY This Agreement is made and entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and The City of Carl&ad , hereinafter called "Applicant". 1. 2. 3. 4. 5. 6. Project name CYNTHIA LANE ASSESSMENT DISTRICT l In consideration of the mutual promises herein, the parties agree as follows: GAS Applicant shall construct, in accordance with Utility's Specifications, a complete gas trench system including backfill, compaction and pavement replacement. Said gas trench system shall be constructed as delineated in the Specifications except that the location of trenches is subject to change as necessitated by conflicts, obstacles, or difficult soil conditions revealed by actual examination during construction and Applicant agrees to pay any additional trenching, excavation, backfill, compaction, pavement replacement, and other costs required by such changes in location. Utility shall pay as the agreed value of the gas trench system provided by Applicant the sum of $19643.00 , within 30 days of the Utility's final acceptance of work persuant to the General Conditions. ELECTRIC Applicant shall construct, in accordance with the Utility's Specifications, a complete conduit and --- system. Said conduit and ---- . system is to be constructed as delineated in the Specifications except that the location is subject to change as necessitated by conflicts, obstacles, or difficult soil conditions revealed by actual examination during construction. Applicant agrees to perform at its sole expense all trenching, excavation, backfilling, compaction, and pavement replacement necessary to construct said conduit and --- system, including that which is necessitated by any change in location. Utility shsll pay as the agreed value of the conduit bank and --- provided by Applicant at Utility's request the sum of $ -G- , within 30 days of the Utility's final acceptance of work persuant to the General Conditions, Applicant hereby agrees that title to the conduit bank and --- provided by Applicant for Utility shall vest in Utility upon final inspection and acceptance by Utility. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have on behalf of each, by their duly authorized APPLICANTS T& City of,Carlsbad caused this Agreement to be executed for and agents, partners, or corporate officers. SAW DIEGO GAS & ELEK?I'RIC COMPANY, a corporation BY Authorized Signature-Utility Date: Carlsbad, CA 92008 Date: 9-29-86 106-31140~ 11-26-75 WHEN RECORDED, PLEASE MAIL ‘THfS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE / I I 4 I I I 1 / I I .r I -SPACE ABOVE FOR RECORDER’S USE ONLY- EASEMENT K)R PUBLIC HiGHWAY Assessor’s Parcel Project CYNTHIA LANE No. 156-230-50 W.O. No. 3161 ROY H. GASTELUM. JR.. An Unmarried Man hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, the right-of-way and incidents thereto for a public highway upon, over and across that certain real property in the CITY OF CARLSBAD, State of California, described as follows: An easement for public road and utilities and incidental purposes within that certain parcel of land described in Document No, 163393 filed in the Office of the Recorder of San Diego County on June 15, 1973, lying Northerly and Northwesterly of the following described line:. Beginning at the Northwest corner of said parcel of land, being also the Southeast corner of parcel Map No. 6023 filed in the Office of the County *Recorder on June 8, 1977; thence South OO”55’OOt’ East 25.00 feet along the Westerly line of the above mentioned parcel of land to the true point of beginning of the Southerly line of said easement; thence parallel with the Northerly line of said parcel of land North 89°51’2411 East, 77.25 feet to the beginning of a tangent 91 foot radius curve concave Southerly; thence Easterly along said curve thru an angle of 17°52’101’ an arc distance of 28.38 feet; thence. tangent to said curve South 72O16’26” East 16.77 feet more or less to the Easterly line of the above mentioned parcel of land. The Grantor hereby further -ants to the CITY OF CARLSBA* the privilege and right to extend drainage structure, and excavation and embankmen, slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway, RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the neces- si ty therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this lf day of /L/@~ , 19 $rr. STATE OF &&$&&+ 1 County of Z-n m,i L SS. 4 (- ) A On '<h~~-~-h u 19 TLC, before me, the undersigned, a Notary Public in and for said County and State, persomy appeared c;q k&c- chs+e2u2 u%l YXL. * personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. I OFFICIAL SEAL YOLANDA F. MITCHELL NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN SAN OIEGO COUNM My Commissron 5:p. Nov. 18. 1988 State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said Citv of Carlsbad. California pursuant to Resolution No. 8815 adopted on Septembe; 23, 1986, and the Grantee consents to recordation thereof by its duly authorized officer. Da ted p /9J% u / . K i3 CYNTHIA PAR MAP HOUSE PAR A I T.RO.8. I 13572 \ PAR B LANE I j $z i&:52 IOY LEGEND AREA TO BE ‘- DEDICATED.. . . . . L-l 10 30 60 ORAPHIC SCALE S72 *I 6’26”E 16.77’ 0 50 I 0 0 - I L PLAT. TO ILLUSTRATE I SCALE AS SHOWN CYNTHIA LANE EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-50 WHEN RECORDED, PLEASE kb. .rL : Tl+IS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I I -SPACE ABOVE FOR RECORDER’S USE ONLY- EASEMENT FOR PUBLIC HIGHWAY Assessor’s Parcel Project CYNTHIA LANE No. 156-230-41 W.O. No. 3161 ROY H. GASTELUM. JR., An Unmarried Man hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, the right-of-way and incidents thereto for a public highway upon, over and across that certain real property in the CITY OF CARLSBAD, State of California, described as follows: An easement for public road and utilities and incidental purposes within that certain parcel of land described in Document No. 163393 filed in the Office of the Recorder of San Diego County on June 15, 1973, lying Southerly of the following described line: Beginning at the Southwest corner of said parcel of land, being also the Southeast corner of Parcel Map No. 6023 filed in the Office of the County Recorder on June 8, 1977; thence North O”55’OO” West, 25 .OO feet along the west line of said parcel of land, being also the Easterly line of said Parcel Map No. 6023; and the true point of beginning of the Northerly line of said easement; thence North 89O51’24” East, 77;93 feet parallel with the Southerly line of the above mentioned parcel of land to the beginning of a tangent 91 .OO foot radius curve concave Northerly; thence Easterly along said curve thru an angle of 17°52’1011 an arc distance of 28.38 feet; thence tangent to said curve North 71 O59’14 I1 East 15.80 feet more or less to the Easterly line of the above mentioned parcel of land. ’ The Grantor hereby further wants to the CITY OF CARLSBP- the privilege and right to extend drainage structure. and excavation and embankmer,. slopes beyond the limits of I the herein described right-of-way where required for the construction and maintenance of said Public Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the neces- si ty therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this // day of i”;rfw, , 19 w-. STATE OF c ,(\;( cc rfi rc; I County of %..cm ~y,;~( ~ c SS. \ -- On i%f;vch \\ 19 + before .me, the undersigned, a Notary Public in and for said County and State, perso=; appeared &n;i & o Gc%X+ct\k~~ xc. . I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. A OFFICIAL SEAL a -. YDLANDA F. MITCHELL NOTARY PUI)LIC CALIFORNIA PRINCIPAL OFFICE IN SAN ‘XC0 COUNTY YJ My Cknissmn EXQ. Nov. 18. 1988 This’ii to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. 8815 adopted on September 23, 1986, and the Grantee consents to recordation thereof by its duly authorized officer. Dated PAR MAP 6023 0 60 =0 1 0 0 4( -N71°59’14”E u3 ,r n-1 \ I In 0 0 ‘0 I~.OW I 0 A = 17”52’10” z R=9l’ _ \ \ I= 121.01 CYNTHIA LANF I I I PAR MAP PAR A I I 13572 I PAR B LEGEND AREA TO SE ’ DEDICATED.. . . . . L-l 0 20 40 80 1.0 3-o 80 GRAPHIC SCALE VICINITY MAP NO SCALE PLAT TO ILLUSTRATE CYNTHIA LANE EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-41 SCALE AS SHOWN JOB NO. 681 O-C 1 FEB. 1966 W WILLDAN ASSOC!ATES 8 . WHEN RECORDED, PLEA!%-4AIL THIS’ INSTRUMENT TO: I CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE -SPACE ABOVE FOR RECORDER’S USE ONLY- SUBORDINATION AGREEMENT (TRUST DEED) Project Cynthia Lane Assessor’s Parcel W.O. No. 3161 No. 156-230-50 WHEREAS, that certain Deed of Trust between GERONIMO P. SANCHEZ and EMILIA A. SANCHEZ, Husband and Wife, as Joint Tenants * collectively called BENEFICIARY and ROY H. GASTELUM, JR., an Unmarried Man , collectively called TRUSTOR and ,SECURITY PACIFIC NAT’L BANK, A Nation1 Banking Association, called TRUSTEE and recorded June 15, 1973 , as File/Page No. 73- 163394 , In the Office of the Recorder In the County of San Uiego, State of California; and WHEREAS, said BENEFICIARY( IES) is (are) the owner(s) and holder(s) of the note and other evidence of indebtedness for which said Deed of Trust was given for security: and WHEREAS, TRU STOR will execute and deliver or has/have executed and delivered to the City of Carlsbad, State of California, that certain DOCUf&N I (S) for an EASEMENT FOR PUBLIC HIGHWAY over, under, upon and across a portion of the land described in said Deed of Trust, said portion being particularly described as follows: (See Exhibit “A”) WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknow- ledged, the undersign\ed BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. I f3 Dated this /q day of && # , /- 19yc l /pd-lzQqu* u , 9 tl, CL.rC A _ J/ILLL -, C’ i, ii _ ’ / STATE OF California County of San Diego I ss. On April 14, , 1986 , before me, the undersigned,. .a Notary in and for said County and State, personally appeared Geronim p, Sanchez and Emilfa A. Sanchez known to me to be t e person (I 8 subscribed to the within instrument, and acknowledge tzt they executed the same. Witness my hand and official seal. r\lc,;<‘!-+ : .‘, I,‘, ,‘., ,-i;:q l.,L;‘,-:,‘, ;‘I’ :., ‘.;‘,, .,J ‘*,!A !j 3. , ‘?:;1. : ::.;: :i:-‘: hly CC:?if,il -* EXZ ‘.Z ‘C:,. I:, ;??;;!j This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to the City of Carlsbad, a municipal corporation, is hereby accepted on behalf of its City Council pursuant to Resolution No. 8815 adopted on September 23, 1986 duly authorlzed officer.’ and the Grantee(s) consent(s) to recordation thereof by its Dated 29 /98G, BY w EXHIBIT “A” . An easement for public road and utilities and incidental purposes within that certain parcel of land described in Document No. 163393 filed in the Office of the Recorder of San Diego County on June 15, 1973, lying Northerly and Northwesterly of the following described line: Beginning at the Northwest corner of said parcel of land, being also the Southeast corner of parcel Map No. 6023 filed in the Office of the County Recorder on June 8, 1977; thence South OO”5S1001~ East 25.00 feet along the Westerly line of the above mentioned parcel of land to the true point of beginning of the Southerly line of said easement; thence parallel with the Northerly line of said parcel of land North 89O51’24” East, 77.25 feet to the beginning of a tangent 91 foot radius curve concave Southerly; thence Easterly along said curve thru an angle of 1 7°52’10~~ an arc distance of 28.38 feet; thence tangent to said curve South 72O16’26” East 16.77 feet more or less to the Easterly line of the above mentioned parcel of land. I T.RO.6. PAR MAP f I 13572 LA I . 01 63 HOUSE 1 I n 64 ‘\ -g Kl -,’ N89 cu 0 N8S051’24”E c I I PAR \ PAR E3 LEGEND AREA TO BE I ‘; DEDICATED.. . . . . LJ 10 30 60 GRAPHIC SCALE 1% I 0 I 0 0 50 In rc) & ‘In 0 z 0 z SITE L \\ d, \ LAOUNA DR. VICINITY MAP NO SCALE PLAT TO ILLUSTRATE SCALE AS SHOWN CYNTHIA LANE t JOB NO. 6810-C 1 FEB. 1988 EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-50 WILLDAN ASSOCIATES c c WHEN RECORDED, PLEASE_MAIL THIS INSTRUMENT TO: , CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER’S USE ONLY- SUBORDINATTON AGREEMENT (TRUST DEED) Assessor% Parcel No. 156-230-41 Project Cynthia Lane W.O. No. 3161 WHEREAS, that certain Deed of Trust between GERONIMO P. SANCHEZ and EMILA A. SANCHEZ, Husband and Wife , as Joint Tenants # collectively called BENEFICIARY and ROY H. SASTELUM, JR., an Unmarried Man . collectively calle,d TdUSTOR and SECURITY PACIFIC NATIL BANK, A National Banking Association, called TRUSTEE and recorded June 15. 1973 , as File/Page No. 73- 163394 -0 In the Office of the Kecorder In the County of San Ulego, State of California; and WHEREAS, said’BENEFICIARY( IES) is (are) the owner(s) and holder(s) of the note and other evidence of indebtedness for which said Deed of Tiust was given for security; and WHEREAS, TRU STOR will execute and deliver or has/have executed and delivered to the City of Carlsbad, State of California, that certain DOCUMtN I (S) for an EASEMENT FOR PUBLIC HIGHWAY over, under, upon and across a portion of the land described in said Deed of Trust, said portion being particularly described as follows: (See Exhibit “A”) -c WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknow- ledged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. Dated this 14 day of l 19 g6 . STATE OF California 1 County of San Diego ss. On April 14, 1986 # 19 before me, the undersigned, a Notary in and for said County and State, personallyappeared Geronimo P. Sanchez and Emilia A. Sanchez known to me to be the oerson s whose name B are subscribed to the within instrument, and acknowledge that they executed the same. Witness my hand and official seal. This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to the City of Carlsbad, a municipal corporation, is hereby accepted on behalf of its City Council pursuant to Resolution No. 8815 adopted on September 23, 1986 duly authorlzed officer.’ and the Grantee(s) consent(s) to recordation thereof by its Dated , EXHIBIT “A” An easement for public road and utilities and incidental purposes within that certain parcel of land described in Document No. 163393 filed in the Office of the Recorder of San Diego County on June 15, 1973, lying Southerly of the following described line: Beginning at the Southwest corner of said parcel of land, being also the Southeast corner of Parcel Map No. 6023 filed in the Office of the County Recorder on June 8, 1977; thence North O”55’OO~1 West, 25 .OO feet along the west line of said parcel of land, being also the Easterly line of said Parcel Map No. 6023: and the true point of beginning of the Northerly line of said easement; thence North 89°511241’ East, 77.93 feet parallel with the Southerly line of the above mentioned parcel of land to the beginning of a tangent 91 .OO foot radius curve concave Northerly; thence Easterly along said curve thru an angle of 17°52110” an arc distance of 28.38 feet; thence tangent to said curve North 71 O59’14” East 15.80 feet more or less to the Easterly line of the above mentioned parcel of land. . -c- PAR MAP 6023 3 Is 0 60 PAR 2 b 0 t 0 4f z N71°59’14”E I& 15.80’ a ‘: 17069’tn” 12 a =&; “- ‘“- -- CYNTHIA 121.01’ - LANE PAR MAP PAR A I I 13572 I PAR B LEGEND AREA TO BE DEDICATED.. . . . . cl ’ 0 20 40 80 10 30 6’0 GRAPHIC SCALE SITE PLAT TO ILLUSTRATE CYNTHIA LANE EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-41 SCALE AS SHOWN ‘, 1 JOB NO. 6810-C 1 FEB. 1986 1 wWILL0AN ASSOCIATES I l ., ,T ,‘. -. i! C WHEN RECORDED, PLEASE Mnrt ‘THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE , -SPACE ABOVE FOR RECORDER’S USE ONLY- EASEMENT FOR PUBLIC HIGHWAY Assessor’s Parcel No. 156-230-52 . . Project CYNTHIA LANE W.O. No. 3161 DONALD LOUIS DOMINGUEZ AND LUCY ANN DOMINGUEZ, Husband and Wife, As Joint Tenants hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, the right-of-way and incidents thereto for a public highway upon, over and across that certain real property in the CITY OF CARLSBAD, State of California, described as follows: An easement for public road and utilities and incidental purposes located within the North- erly 25 feet of that certain parcel of land described in Document No. 113252 filed in the Office of the Recorder of San Diego County on April 2, 1980. The Granter hereby further -aants to the CITY OF CARLSB - the privilege and right to, extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the neces- sity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this 6 day of STATE OF I County of g SS. 6 19 86 before me, the undersigned, a Notary Public Id County and State, persoi%$ appeared Donald Louis Dominguez and T,IYC T Dominbuez XXX&U (or proved to me on the basis of satisfactorv evidence) to be the person(s) whose name(s) is/are subscribed to the within instru’ment and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. unty and State --we=-- GfFlclAL SE 8%‘%3lE L JOHNSON This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. 8815 adopted on September 23, 1986, and the Grantee consents to recordation thereof by its duly authorized offtcer. Dated 9 /u-z BY u - / L I I CYNTHIA LANE 1 N89°Sl’24”E -;- ,, 12y-g- - ;I -$ L / I I \\ 1 I N I I l21.01’ -1 I I PAR MAP 13572 I EXIST. I I I HOUSE I I ’ I 3 0 ‘0 82 0 PAR B I -z 0 PAR MAP I 0 z / 13579 / PAR A 1 LEGEND AREA TO BE DEDICATED.. 0 20 40 80 . 1 0 3’0 8’0 160 GRAPHIC SCALE 3 =O 63 0 0 -lo v) 0 FXzl I HOUSE I I I IO t PAR. A SITE VICINITY MAP NO SCALE PLAT TO ILLUSTRATE CYNTHIA LANE EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-52 SCALE AS SHOWN JOB NO. 6810-C 1 FEB. 1986 W WILLDANASSOCIATES I V HEN. REC’ORDED, PLEASE MAIL i *‘HIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I -SPACE ABOVE FOR RECORDER’S USE ONLY- EASEMENT FOR PUBLIC HIGHWAY . Assessor’s Parcel Project CYNTHIA LANE No. 156-230-42 W.O. No. 3161 CECIL M. OATHOUT AND IOLA D. OATHOUT, Husband and Wife, as Joint Tenants hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, the right-of-way and incidents thereto for a public highway upon, over and across that certain real property in the CITY OF CARLSBAD, State of California, described as follows: An easement for public road and utilities and incidental purposes within that certain parcel of land described in Document No. 9999 filed in the Office of the Recorder of San Diego on January 2, 1973, lying Southerly and Southwesterly of the following described line. Beginning at the Southwest corner of that certain parcel of land described in Document No. 163393 filed in the Office of the Recorder of the County of San Diego on June 15, .l973, being also the Southeast corner of Parcel Map No. 6023 filed in the Office of the County Recorder on June 8, 1977; thence North O”55’OOtt West 25.00 feet along the west line of said parcel of land, being also the Easterly line of said parcel map No. 6023; thence North 89°51’2411 East, 77.93 Feet, parallel with the Southerly line of the above mentioned parcel of land to the beginning of a tangent 91 .OO foot radius curve concave Northerly; thence Easter- ly along said curve thru an angle of 17°52110” an arc distance of 28.38 feet; thence tangent to said curve North 71°59’14” East 15.80 more or less to the Westerly line of the land described in said Document No, 9999 and the True Point of Beginning of the Northerly and Northeasterly line of the herein described easement; thence continuing along said last men- tioned course and distance North 71°59’1411 East 34.20 feet to the beginning of a tangent 47 foot radius curve concave Southwesterly: thence Easterly and Southeasterly along said curve thru an angle of 1O7o5211O11 an arc distance of 88.48 feet to the Southerly line of the above last mentioned parcel of land. The Grantor hereby further ‘-ants to the CITY OF CARLSB/- the privilege and right to ,exterid drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the neces- si ty therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this @- --if L# day of STATE OF California County of San uiego 1 SS. On April 9, 19 86 before me, the undersigned, a Notary Public in and for said county and State, ;>ersoi%$ appeared Iola D. oathout and Cecil M, n-t r+ person%y known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &c/are subscribed to the within instrument and acknowledged to me that l&e/they executed the same. Witness my hand and official seal. This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said Citv of Carlsbad. California pursuant to Resolution No. 8815 adopted on Septembe< 23, 1986, and the Grantee consents to recordation thereof by its duly authorized officer. Dated I 0. 44 I- b 0 0 45 -c - / m ” EXIST. 1 I v 46 I I I . LEGEND AREA TO BE ’ DEDICATED.. . . . . cl 0 20 40 80 ’ lb 3-o 8-O 100 GRAPHIC SCALE SITE VICINITY MAP NO SCALE / PLAT TO ILLUSTRATE CYNTHIA LANE EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-42 I SCALE AS SHOWN JOB NO. 6810-C 1 FEB. 1986 w7 WILLDAN ASSOCIATES 4 _- WHEN JRE’CORDED, PLEASE MAIL “THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE Assessor’s Parcel No. 156-230-49 I -SPACE ABOVE FOR RECORDER’S USE ONLY- EASEMENT FOR PUBLIC HIGHWAY CONSTANTINO MEDINA. JR.. A Sinale Man Project CYNTHIA LANE W.O. No. 3161 - - hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD,, State of California, hereinafter called GRANTEE, the right-of-way and incidents thereto for a public highway upon, over and across thatcertain real property in the CITY OF CARLSBAD, State of California, described as follows: An easement for public road an.d utilities and incidental purpose9 within that certain parcel of land described in Document No. 210086 filed in the Office of the Recorder of San Diego County on July 30, 1973, .lying Northerly and Northwesterly of the following described line: * Beginning at the Northwest corner of that certain parcel of land described in Document No. 163393 filed in the Office of the Recorder of San Diego County on June 15, 1973 being also the Southeast corner of Parcel Map No. 6023 filed in the Office of the Recorder of San Diego County, June 8, 1977; thence South OO”55’OO’1 East 25 .OO feet along the westerly line of the above mentioned parcel of land; thence parallel with the Northerly line of the above mention- ed, parcel of land, North 89O51’24” East 77.25 feet to the beginning of a tangent 91 foot radius curve concave Southerly; thence Easterly along said curve thru an angle of 17°52’10” an arc distance 28.38 feet; thence tangent to said curve South 72O16’26” East 16.77 feet, more or less, to the Westerly line of the land described in said Document No. 210086 said point being the true point of beginning of said easement; thence continuing along said last mentioned course South 72O16’26” East 33.23 feet to the beginning of a tangent 47 foot radius curve concave Northwesterly: thence Easterly and Northeasterly along said curve thru an angle of 107°52’1011 an arc distance of 88.48 feet to the Northerly line of the above last men- tioned parcel of land. The Grantor hereby further --ants to the CITY OF CARLSBP” the privilege and right to extend drainage structure- and excavation and embankmer.. slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the neces- sity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this zs day of I 19 STATE OF I SS. 1986 State, persomi appeared before me, thy undersigned, a Notary. Public ( &n&Q Axr;p -/~&&& . known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. This is to c r ’ @ that the interest in real property conveyed by the foregoing easement to the City of rlsbad, a municipal corporation is hereby accepted b the City Council of said City of Carlsbad, California pursuant to Resolution No. t( 815 adopted on September 23, 1986, and the Grantee consents to recordation thereof by its duly authorized officer. Dated .- CYNTHIA N8S0 51’24”E c 46.51’ -3.x47.00’ -m &TT al 1 SHED’ 1 b I ‘I I I I I LEGEND AREA TO BE ’ DEDICATED.. . . . . cl O: 10 30 60 100 GRAPHIC SCALE 0 SO S72°;$&E . r 0 45 0 46 \ \ BUENA VISTA A”E)@‘TE \I 0, - \ CYNTHIA/ ti \\ ! KNOWLES AVE. \ VIUNITY MAP NO SCALE PLAT TO ILLUSTRATE SCALE AS SHOWN CYNTHIA LANE JOB NO. 6810-C FEB. 1986 EASEMENT DEDICATION ASSESSOR’S PARCEL NO. 156-230-49 W WILLDAN ASSOCIATES 34’ 3 2 5 c 4 F c E ‘i E s 1C 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California has instituted proceedings pursuant to the provisions of Chapter 27 of the “Improvement Act of 1911 ,‘I being Division 7 of the Street and Highways Code of the State of California, for the construction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT.NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assessment District”); and WHEREAS, at this time there has been submitted the final plans and specifications necessary for the works of improvement; and WHEREAS, although the property owners within the boundaries of the Assessment District have commenced certain of the work, the balance of the works of improvement was not commenced within sixty (60) days upon receiving notice to do so ._ by the Superintendent of Streets, and at this time the City Council desires to authorize the bidding on the balance of the works of improvements for the above-referenced Assessment District to the extent said work is shown on the plans and hereby approved for this Assessment District; specifications and WHEREAS, it is necessary to determine the prevailing rate RESOLUTION NO. 8814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS I 5 i 4 r . t '; E 5 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of wages for the various classifications of workmen required in the performance of said work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California: 1. That the above recitations are true and correct. 2. That the plans and specifications for the works of improvement for the referenced Assessment District are hereby approved and adopted. 3. That it is hereby determined that the general prevailing rate of per diem wages in the locality in which said work described is to be performed within the Assessment District for each craft or type of workman or medhanic needed is in accordance with the schedule obtained from the Director of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, a copy of which is on file in the Office of the City Clrek and open for public inspection. 4. That the proposals or bids shall be opened and examined at a public meeting so called; and said results of the bidding shall be reported to the City Council at the next regular meeting after the opening of bids. 5. That the terms and conditions for bidding on the works of improvement for this Assessment District are as set forth in full in the Bidding Documents as herein approved, and reference is hereby made to the Bidding Documents as approved and identified as follows: //I /// 1 2 5 , 4 r . t ‘; E s 1C 13 12 12 14 If 1E 17 1E 19 20 21 22 23 24 25 26 27 28 L > l 5 k 5 5 7 3 a > ! ! 5 L i i NOTICE INVITING BIDS CYNTHIA LANE ASSESSMENT DISTRICT CONTRACT NO. 3161 For all particulars as to bidding, the Notice Inviting Sealed Proposals, and all referenced and incorporated documents, including the Specifications, shall govern for the works of improvement. 6. That this City Council hereby finds and determines that in the event the Contractor does not complete the work within the time limit specified in the contract or within such further time as further authorized, the Contractor shall pay liquidated damages in the amount as set forth in the Bidding Documents for the project, a copy of which shall be kept on file in the Office of the City Clerk. It is impractical at this time to determine the actual damage which will be sustained by reason of such delay, but that the stated sum is a reasonable imposed as /// //I /// /// /// //I /// /// /// //I amount for said liquidated damages and is not being a penalty. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 7. That this Resolution is adopted pursuant to the provisions and authorizations of Section 5880 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 23rd day of September , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: c&dd &&/ MARY d CASLER, Mayor A? l?G ALETHA L. RAUTENKRANZ, City Cl&k (SEAL) 3 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. 8815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT .DE,EDS AN.D SUEjORDINjTItjN A_G.REEMENT WHEREAS, Donald and Lucy Ann Dominguez, husband and wife; Cecil M. and Iola D. Oathout, husband and wife; Constantino Medina, a unmarried man; and Roy H. Gastelum, Jr., an unmarried man, have submitted Grant Deeds conveying easements to the City of Carlsbad for road purposes for construction of Cynthia Lane; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deeds; WHEREAS, Ger'onimo P. and Emila A. Sanchez, husband and wife, have submitted a Subordination Agreement (Trust Deed), Assessor’s Parcel No. 156-230-41 as Beneficiary, Roy H. Gastelum, an unmarried man, as Trustor, and Security Pacific National Bank as Trustee for construction of Cynthia Lane; and WHEREAS, the City Council has determined it to be in the public interest to accept said Subordination Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California; I. That the above recitations are true and correct. /// /// /// /// < I l . 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 2. That the Grant Deeds from Donald and Lucy Ann Dominguez, Cecil M. and Iola D. Oathout, Constantino Medina, and Roy H. Gastelum, conveying easements to the City of Carlsbad for road purposes for a portion of Cynthia Lane, which are on file with the City Clerk and are incorporated by this reference, are accepted. 3. That the City Clerk is authorized to cause the original Deeds to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificates of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C i tay Council held on the 23rd day of Septqmber , 1986 by the following vote, to’wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine ‘NOES: None ABSENT: None (-AL&, al @d- ATTEST: CASLER, Mayor 27Lw7Mr~. ALETHA L. RAUTENKRANZ, City (SEAL) 0 . { /= 1 i ? b 4 F . E 'i E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THREE AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS AND ELECTRIC CO. FOR TRENCHING AND ELECTRICAL CON,DUIT INSTALLATION OF CYNTHIA LANE WHEREAS, the City of Carlsbad will construct trenches for gas and electric and install conduits on Cynthia Lane; and WHEREAS, the San Diego Gas and Electric Company will perform inspect ion for trenching and electrical conduit installation; and WHEREAS, the City is required to deposit $11,183.00-with San Diego Gas and Electric Company as an advance deposit. WHEREAS, the Assessment Distr.ict will receive a $1,643.00 credit for the installation of the utility trench system by the San Diego Gas and Electric Company. 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 two agreements between the City of Carlsbad and San Diego Gas and Electric Company for the construction of utilities, trenching and electrical conduit installation, copies of which are on file with incorporated herein by reference, are /// /// /// /// the City Clerk and are hereby accepted. - 3. That an agreement for San Diego Gas and Electric Company payment to the Assessment District for the installation of the utility trench system, a copy of which is on file with the City Clerk and is incorporated herein by reference, is hereby accepted. 4. 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 23rd day of September , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: -d-, L/ g&J?.& H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clbrk 20 21 22 23 24 25 26 27 28 (SEAL)