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HomeMy WebLinkAbout1990-04-17; City Council; 10598; Approval of agreement for Improvements to Lincoln Street and Oak Avenuee u > 0 k% zh 2 z 0 4 0 2 z 3 0 0 .. E 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 I I 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 I w e 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. 0 LOCATION MAP L LEGEND ...... 0 ...... AREA VACATED ...... ..................... ..................... ..................... ..................... ..................... * t- w w I- v) a z 1 0 0 z J I .................... .................... u OAK AVENUE r PROJECT NAME E PROJECT # OAK AVENUE & LINCOLN STREET 3346 IMPROVEMENTS I ll w w 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. 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 /I 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 v e 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: 1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT : None ATTEST: ALETHA L. kU (SEAL) 1 0 e *. 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 0 0 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 -, 0 e 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: .', 0 e 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: +. By ~'''[d*~ &9Q9 @ -* Mayor BY APPROVED AS TO FORM: ATTESTED: City Clerk 1: 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 26 27 I I 28 ~ 0 0 PAGE 1 07 b 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. /// I ~ i I 1 /// /..4 .. m e. EXHIBIT PAGE 2 /' 5. That City Clerk is instructed NOT TO RECORD this Resolution 1 2 until the terms of Condition 4 have been complied with. 3 ii PASSED, APPROVED AND ADOPTED at a regular meeting of the C< 4 5 6 7 a 9 10 11 12 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 1411 (SJZfw l5 i l8 I 16 17 19 ,I 20 21 22 23 24 25 ~ " . . . I I 26 I 27 I1 I 28 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. &-. = <. .c 8.f." 3.3. DeNitt, LS 525 / *l "* / ,/.7//yy Date ZdAd/R/ 7 hf ''.Om7- / of= z I> 1 WJA /! A V27flU-F YAe770,v tXHlbl AGE 4 I a 4s' " jY ,/"* Lt,'C - ?-/'(,;/'/ (:,y /J / '0 ' ,- /-I /-. A /L> bL 1 ' '- -7 -747 m PO mQ /A+ ,5 /&: I f u a p. LP (P9.a. 7 L s 55" /6'/5"/ a0.7a ' - Js 5Sd/&>5**b / > ul p .- v \\\\\\\\\\\\'f~ZO.Zo' -1 \\\\\\\\\\\\\I L3 =2c 70 d?f I/&rfD \ \\\\ /' u N 5 5' /6 '/s"E 9s .yfr ' "'3 \ 2: 5.30' .kJ -71 'B cl i ! CI L 2 7a5' - I ',-,I U I .I . 7 T $1 cc 0: % 0. .n I rr); v7, i 6 b +! .3 I 9 i U 'd I> \ \ \J I I L- A I R - - I- ! ,. 0,A .L A Vt'/c/ d:crn I . 0 'ct __ ..I \? > .f 1 I ! Y I I 1 4 0 0 EXHIBI' 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. -.. -" 3 /& -. "<. " - -I -. 6/5/89 Date ". . . I. + * -Jl /v L? 7EEf 7 L'/s 'T/o? PAGE 6 LAnlDl .- 40 ' ./ 1 I da ' I L ! , I c\ j i sad j k I ! ? A a I ! I i 4 I .I $ i \ u I I I i " . ,. I I I I ! 4 I \' I c! 71 i I i " .J 1 - L - CA' ,< d ; A Y-2." L c I I -- u i 5, i 'I 0 e EXHIB 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 -). r "0 Pl&@u 3/7,/YD %aksut and Annvfnciyan Daee ' Owners ACCEPTED: THE CITY OF CARLSBAD ; e e EXHIBIT a i 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 0 6 L 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: .- %/4 ?fo Owners