HomeMy WebLinkAbout1990-04-17; City Council; 10598; Approval of agreement for Improvements to Lincoln Street and Oak Avenuee u > 0 k% zh 2
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LII WUr GAHLSBAU - AUtNwLJiLL 1,: f; 6: , 1 AB# /q 598 I TIITLE: APPROVAL OF AGREEMENT FOR I DEPT.
MTG. 4/17/90,
DEPT. ENG: MP
IMPROVEMENTS TO LINCOLN STREET
AND OAK AVENUE CITY E
CITY n
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RECOMMENDED ACTION:
Adopt Resolution No .@-/do approving an agreement for improve me^
construction of Phase IV of the downtown Streetscape progri appropriating funds, and directing the recordation of a Strt
Vacation Resolution.
ITEM EXPLANATICU:
to Lincoln Street and Oak Avenue concurrent with the futi
On October 10, 1989, the City Council adopted Resolution No. ~
360 vacating a portion of Lincoln Street and Oak Avenue
accordance with the Resolution of Intention No. 89-332. I
Resolution of Vacation included a condition upon the prope:
owners guaranteeing the construction of street improvements all
portions of Lincoln Street and Oak Avenue in accordance with C standards. In satisfaction of this condition, the property own1 posted on March 20, 1990, a cash deposit with the City equivall to the estimated value of the construction of the improvemen Please reference attached Exhibit 5 itemizing the propol
improvements and estimated costs. The proposed improveme:
include the addition of seven (7) diagonal parking spaces
Lincoln Street, the installation of curb, gutter, and sidewalk ( drainage improvements on Oak Avenue as well as related improveme: in and around Lincoln and Oak to City standards.
It is proposed in the attached agreement that these strc
improvements be installed by the City of Carlsbad concurrent w.
the upcoming construction of Phase IV of the downtown Streetsci program. Staff recommends this approach to take advantage
construction economies, closer control of traffic and pedestr
safety during construction, and better coordination and inspect
of the installation of the improvements.
Phase IV of t:he downtown Streetscape program will include ' installation {of the Ocean Street Sculpture Park, traf signalization of the intersection of Pine and Carlsbad Bouleva,
closure of Ocean Street at Carlsbad Boulevard, installation
Streetscape theme improvements in this area. The project estimated to go to bid in late April of 1990. The improveme:
identified in the.attached agreement will be competitively bid (
installed as an element of the Phase IV Streetscape Project. St<
recommends approval of the attached agreement.
parking facilities and a continuation of the construction
I FISCAL IMPACT:
The property owners have made a cash deposit with the City
Carlsbad in the amount of $32,627.50. Interest earnings on .
deposit to be used by the City towards the construction of . improvements are estimated to be approximately $2,000. It is
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Page 2 of Agenda Bill No. /e K?f
recommended that the cash deposit and the value of the estima interest earnings be appropriated to the project account num
300-840-1840-3346 which will make these funds available to expended for the construction of the improvements.
The following is a summary of the estimated costs of th improvements which are to be borne soley by the property owner
Lincoln and Oak Improvements
25% Engineering Design and Administrative
Overhead and Contingency
$26,102.0
6,525.5
TOTAL ESTIMATED IMPROVEMENT COSTS $32,627.5
EXHIBITS :
1. Location map,
2. Resolution No. %-/Ad approving an agreement for
improvements to Lincoln Street and Oak Avenue, appropriat project funds, and directing the recordation of a Resolution Vacation.
3. Improvement Agreement.
4. Right of Entry.
5. Cost Estimate.
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LOCATION MAP
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LEGEND
...... 0 ...... AREA VACATED ......
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OAK AVENUE
r PROJECT NAME E PROJECT #
OAK AVENUE & LINCOLN STREET 3346 IMPROVEMENTS I
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RESOLUTION NO. 90-120
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT FOR IMPROVEMENTS TO LINCOLN STREET AND OAK AVENUE, APPROPRIATING FUNDS AND DIRECTING THE RECORDATION OF A STREET VACATION RESOLUTION
WHEREAS, the City Council of the City of Carlsba
previously adopted Resolution No. 89-332 and Resolution No. 8
regarding a Street Vacation; and
WHEREAS, ResolutionNo. 89-360 conditionsthe record
of the Street Vacation Resolution upon the satisfaction of CE
conditions regarding guaranteeingthe installation of public I
improvements to City standards; and
WHEREAS, in satisfaction of said condition, the prc
owners have deposited funds with the City guaranteeinc
installation of said improvements; and
WHEREAS, the City Council of the City of Carlsba
determined it necessary, desirable, and in the public inter6
proceed with the recordation of said Street Vacation Resolt
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and corrc
2. That an agreement between the property owner
the City of Carlsbad regarding improvements to portions of Lj
Street and Oak Avenue is hereby approved and the Mayor and
Clerk are authorized and directed to execute said agreement,
Following the Mayor's signature of said agreement, the City
is authorized and directed to return one (1) copy of said agrt
' and this Resolution to Counsel for the property owners, Nic
C. Banche, Attorney at Law, 810 Mission Avenue, Suite
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Oceanside, California, 92054, and the Municipal PI
Department.
3. That the City Council of the City of Carlsbad does
appropriate the cash deposit made by the property
guaranteeiny said improvements in the amount of $32,627.5
estimated earned interest on said deposit in the amount of
to the project account 300-840-1840-3346. Said funds are
used by the City of Carlsbad to install the improvements 01
and required by Resolution No. 89-360.
4. That the City Council of the City of Carlsbad does
find Condition No. 4 of Resolution No. 89-360 to be satisil
directs the City Clerk to record the Resolution of Vacatic
the San Diego County Recorders Off ice. That followii
recordation of said Resolution of Vacation, the City C1
further directed to forward a copy of said recorded documc
Counsel for the property owners as addressed in above Paragr;
3.
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 24th day of April
by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES: None
ABSENT : None
ATTEST:
ALETHA L. kU
(SEAL)
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AGREEMENT FOR IMPROVEMENTS
RELATED TO LINCOLN STREET AND OAK AVENUE
CITY OF CARLSBAD, CALIFORNIA
THIS AGREEMENT, made and entered into as of the day o
, 1990, by and between the City of Carlsbad,
municipal corporation, hereinafter referred to as rlCity,rl and Mr
Max and Mrs. Ann Inciyan, hereinafter referred to as r9propert
owners. It
RECITALS
WHEREAS, Mr. Max and Mrs. Ann Inciyan, hereafter referred t
as "property owners,I1 are the owners of certain real propert
addressed as 3076 Carlsbad Boulevard, Carlsbad, California, 92008
Assessorts Parcel Number 203-261-01; and
WHEREAS, the City Council of the City of Carlsbad, California
hereafter referred to as llCity,lr adopted Resolution No. 89-360 o
October 10, 1989, vacating certain portions of Oak Avenue betwee
Lincoln Street and Carlsbad Boulevard and Lincoln Street betwee
Oak Avenue and Carlsbad Boulevard for the benefit of said propert
owners. A copy of said Resolution is attached hereto as Exhibi
A, Pages 1 through 6, inclusive, and incorporated by referenc
herein; and
WHEREAS, said Resolution included Condition No. 4 as follows
"That the vacation of said portions of Oak Avenue and Lincol
Street is conditioned upon the guarantee of the Oak Avenue an
Lincoln Street improvements to the satisfaction of the Cit
Engineer. TI ; and
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WHEREAS, said Resolution included Condition No. 5 as follows
"That City Clerk is instructed NOT TO RECORD this Resolution o
Vacation until terms of Condition 4 have been complied with. If; an
WHEREAS, in the interest of fulfilling Condition 4 of sai
Resolution, the property owners of said property and City desir
to enter into this agreement.
NOW, THEREFORE, IN CONSIDERATION of these recitals and th
mutual promises and covenants contained herein, Mr. Max and Mrs
Ann Inciyan and the City of Carlsbad do hereby agree as follows:
1. That Condition No. 4 of said Resolution require
satisfaction prior to the City's recordation of said stree
vacation.
2. That in satisfaction of said condition, the propert
owners shall hereby deposit a total of $32,627.50 in cash with th
City within forty-five (45) calendar days of the date of th
execution of this agreement. Said amount represents the estimate
cost of the improvements required of Resolution No. 89-360.
3. That the City shall deposit said funds in an account t
be utilized to offset costs for the City's construction of sai
improvements. Any and all interest earned on said deposit shal
accrue to the benefit of the property owners and shall be utilize
by City for the cost of the construction of the improvements.
4. That said deposit of funds represents the estimated cos
of constructing the improvements. The total and final cost for th
construction of said improvements shall be determined by the actua
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unit price cost paid by City to affect the installation of saic
improvements. Following the completion of the construction of saic
improvements by the City, the City shall prepare a detailec
accounting of all expenses related to said improvements and shal
forward same to the property owners. In the event final costs fo:
said improvements are less than the value of the deposited fund;
with the City, the City shall thereafter return any and a1
unexpended funds to the property owners within forty-five (45
calendar days following completion of the detailed accounting. I:
the event final costs for said improvements exceed the value of thi
deposited funds with the City, the property owners shall forwarl
to the City the value of said additional costs within forty-fivi
(45) calendar days following receipt of the detailed accounting
Failure on the part of the property owners to remit said additiona
costs to the City within the prescribed time period shall give risl
to the City's filing a Notice of Lien on the property with the Sa:
Diego County Recorder and San Diego County Assessor's Office.
5. That following the deposit of funds identified i:
Paragraph 2 above with the City, City shall cause the recordatioi
of the street vacation identified in Resolution No. 89-360.
6. That the parties to this agreement do hereby agree tha.
the obligations, promises, and covenants contained herein shal:
bind each of the parties hereto, and each of their respectivc
heirs, executors, administrators, successors, and assigns.
7. That the City does hereby pledge its best efforts tc
affect the installation of the improvements required of thi:
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agreement at a time consistent with the City's construction o
other adjacent street improvements.
8. That this agreement shall become effective on and fro
the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
CITY OF CARLSBAD:
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By ~'''[d*~ &9Q9 @ -* Mayor
BY
APPROVED AS TO FORM: ATTESTED:
City Clerk
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RESOLUTION NO. 89 - 3 60
A RESOLUTION OF THE CITY COUNCIL OF THE CIn OF
CKSBm, CALIFORNIA, VACATING A PORTION OF OAK
AVENUE AND LINCOLN STREET, -
BE IT RESOLVED by the City Council of the City of Carlsbad, Californiz
1. That all publication and posting notices regarding the proposed
portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Li
between Oak Avenue and Carlsbad Boulevard, pursuant to Resolution of Inre
No. 89-332, have been given as required by law.
2. That the City Council did hear the evidence offered by all persor
in said proposed vacation and does find from all the evidence submitted that
Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Str
Oak Avenue and Carlsbad Boulevard, in the City of Carlsbad, County of San
of California, particularly described on Exhibit "A" and Exhibit I'B", attached ht
this reference incorporated herein, is unnecessary for present or prospe
purposes and does hereby make this order vacating said portions of Oak Aver
Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak j
Carlsbad Boulevard.
" . .
3. That an easement for all existing utilities is excepted from this
4. That the vacation of said portions of Oak Avenue and Lincc
conditioned upon the guarantee of construction of the Oak Avenue and Li:
improvements to the satisfaction of the City Engineer.
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.. m e. EXHIBIT
PAGE 2
/' 5. That City Clerk is instructed NOT TO RECORD this Resolution
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3 ii PASSED, APPROVED AND ADOPTED at a regular meeting of the C<
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Council held on the 10th day of October , 1989 by the following vote, to
AYES: Council Members Lewis, Kulchin, Pettine, Yamaux a
NOES: None
ABSENT: None
ATTEST:
13 L 4JLA 2 KcudLJ7
ALETHA L. RAUTENKRANZ, City Cler
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0 e EXHIBIT PAGE 3
A,
LEGAL DESCiiIPTIOi'l
OAK AVENUE STREET VACATION
That portion of Oak Avenue as shown on the Town of Carlsbad ?{Tag thereof No. 775, filed in the Office of the County 3ecorder of" Szn Diego :County on February 15, 1894, being in the City of Czrls! County of San Diego, State of California, and described as follo~s
2eginning at the Southeast corner of Block 15 of said Map NO. x75: thence along the Northern right of way of Oak Avenue, South 55 15'1 dest 80.78 feet; thence leaving said right of way, South 3b043'451q
10.00 feet; thence North 55°16'15" East 95.98 feet to the beginnine
a 5 footoradius curve concave Westerly, a radial line to which bea~
South 34 43'45'' East; thence $long the arc of said curve 7.85 feet through $ central angle of 90 00'00": thence tangent to said curve
North 34 43'45'' West 5,OO feet; thence South 55°~6115*- west zo.zo : to the paint of begirining.
Containing 1,004.44 sq. ft.
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3.3. DeNitt, LS 525
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PAGE 5
LEGAL DESCRIPTION
LINCOLN ST?,EET VACATION
That portion of Lincoln Street zs shown on Town of Carls'zzd ;(lap ?lo. 775 filed in the office of the County Recorder of San gj-9~9
County on February 15, 1894, being in the City of Carls'czd, County of San Diego, State of California, described as follo,,~sl
Beginning at the Southeast corner of Slock 15 of said MaD >lo. 77
thence along the Westerly right of 'day of Lincoln Street-, North 3LC043"15" Wesz llb.43 feet; thence leaving said Westerly right 0:
114.1L3 feet; thence South 55 16'15" West 20.20 feet to the point
of beginning.
Containing 2,311.49 sq. ft.
'Hay I North 55 16'15" East 20620 feet: thence South 3b043'45" Eas.
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CITY OF CARLSBAD
CARLSBAD STREETSCAPE PROJECT
PERMISSION FOR RIGHT OF ENTRY
The undersigned property owners and/or tenants (hereinafter callt
I1Grantor1') hereby grant permission to the City of Carlsbad it contractors, agents and employees (hereinafter called twCitytl) t enter upon my/our property designated as Assessor's Parcel Numbc
203-261-01 located in the City of Carlsbad, County of San Diegc State of California, to construct street ixpravemmts, retainil walls, stairs, landscaping, irrigation and drainage structures i
accordance with Drawing No. 291-2, attached.
City shall indemnify and hold Grantor harmless from all claims fc
damage or liability arising out of City's exercise of its righl
to enter upon said property for the purposes stated herein.
City shall perform all work in a professional and workmanlil manner in accordance with the approved plans and specificatiol for the proposed project.
Upon completion of the project, City shall restore the surface (
GrantorIs real property to a condition that is reasonably equal 1
or better than its condition prior to the commencement of work.
The rights granted herein shall terminate upon City's filing ( the completion notice for the project.
GRANTOR:
*@dLrP- ,Q-&q
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"0 Pl&@u 3/7,/YD %aksut and Annvfnciyan Daee ' Owners
ACCEPTED: THE CITY OF CARLSBAD
;
e e EXHIBIT
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COST ESTIMATE FOR PROPERTY OWNER SHARE OF
THE OAK AVENUE AND LINCOLN STREET IMPROVEMENTS
Oak Avenue ROW ImDrovements
Item Quantity Unit Total
No. and Unit DescriDtion Price Price
3 440 SF Pavement Removal 2.00 880.00
6 72.5 SF Asphalt & Base Street Paving 3.00 246.00
8 72.5 LF G-2 Curb & Gutter 17.00 1,232.00
11 363 SF Concrete Sidewalk 3.00 1,089.00
15 1 EA Curb Inlet 3,000.00 3,000.00
SUBTOTAL $6,447.00
Curb Return '
4 35 LF Remove Curb & Gutter 7.00 245.00
8 23.54 LF 6-2 Curb & Gutter 17.00 400.00
11 176 SF Concrete Sidewalk 3.00 528.00
12 1 EA Pedestrian Ramp 500.00 500.00
SUBTOTAL $1,673.00
Diasonal Parkina Spaces
1 1 EA Remove Eucalyptus 1,000.00 1,000.00 Tree
2 42 LF Remove Wood Planter 10.00 420.00
4 75 LF Remove Curb & Gutter 7.00 525.00
5 10 CY Excavation 50.00 500.00
6 1242.6 SF 3" AC/4" AB Paving 3.40 4,225.00
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OAK/LINCOLN COST ESTIMATE
Page 2
Diaqonal Parkins SDaces
Item Quantity
No. and Unit Description Unit Total
Price Price
9 168 LF B-2 Curb 14.00 2 , 352 * 00
13 260 SF Retaining Wall 30.00 7,800.00
14 1 CY Concrete Steps 400.00 400.00
18 1 EA Landscape Drain 200.00 200.00
19 6 LF 3" PVC Pipe 10.00 60.00
20 1 LS Parking Lot Striping 500.00 500.00
SUBTOTAL $17,982.00
Construction Cost Total $26,102.00
) 25% Engineering Design $ 6,525.50
and Administrative Overhead
GRAND TOTAL $32,627.50
Acknowledgement:
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Owners