HomeMy WebLinkAbout1990-07-24; City Council; 10652; ACCEPTANCE OF EASEMENT REQUIRED FOR THE CONSTRUCTION OF THE JAMES DRIVE STORM DRAIN, PROJECT NO. 3224 HIGHLAND TOWNHOUSES, 1;lIFP 1;;WHLamIAU - AuCNUICI'LL "/
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AB# 10,652
CITY II PROJECT NO. 3224 HIGHLAND TOWNHOUSES: OWNER
clpl A CONSTRUCTION OF THE JAMES DRIVE STORM DRAIN,
DEPT. TITLE: 07/24/90 ACCEPTANCE OF EASEMENT REQUIRED FOR THE MTG. DEPT.ENG:MP
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RECOMMENDED ACTION:
Adopt Resolution No. 90-1 61 accepting an easement for the future construction of thc
Drive Storm Drain Extension, Project No. 3224.
ITEM EXPLANATION:
Staff has secured an easement dedication from the following property owners reql the City's future extension of the James Drive Storm Drain, Project No, 3224,
Assessors Parcel Number
205-220-47
Property Owner
Highland Townhouses
Homeowners Association
3700 Highland Drive
Staff recommends the City Council formally accept this easement and direct the C
to have the documents recorded with the San Diego County Recorder's Office.
This item was presented twice to the City Council and continued at the request of t
Townhouses Homeowners Association, who wish to negotiate the terms of the
easement in the light of new information. A recital of the facts and the Association
is contained in the attached letter and exhibits.
To summarize the Association position, they feel they received a commitment from
to install certain improvements in conjunction with storm drain construction as a c
of the grant of easement.
I The City at the signing of the documents not only refused the previously
improvements but produced a Future Improvement Agreement which further oblig
Homeowners Association to participate in construction of the facilities. 1 =I c 0
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The facilities were estimated initially to cost in excess of $50,000 based on fronta!
but this was later adjusted to less than $6,000 based on area drainage fees whic
reflects runoff contribution and benefit.
The items initially offered to the Association are as follows:
1. Clearing and grubbing of the existing channel vegetation ea
Association property.
2. The City will install a six (6) foot chain link fence on the property lir
3. Installation of a grass-lined swale from the existing garages to the in
storm drain. The City will correct any deficiency in drainage if necz
4. Protect the existing palm tree or salvage and relocate.
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PAGE TWO OF AB# 10 I 652
5. If during the construction of the storm drain, the property is damagec
City’s contractor, the damage will be fixed at no cost to the Associai
6. The City will be responsible for the maintenance of the storm drain ar
and shrubbery control over the dedicated easement.
Given the circumstances surrounding signing of the easement documents, staf
recommend inclusion of these items in the project.
The Association would also request waiver of any obligation under the Future Imprc
Agreement. It is staff’s opinion that no matter at what point this agreement was disc
the obligation remains with the property and should be discharged. Relief fr
requirelment would set precedent for future situations of a similar nature. The City
number of these types of agreements with value into the millions of dollars.
The amount of the Association contribution has been fixed at $5,955. The asst
would be spread to 20 units, resulting in a cost of less then $300 per unit. If this r(
a hardship for some owners, arrangements could be offered to pay assessments (
to S-ye,ar period.
The Homeowners Association agrees with the value of the project. Resolution of tk
will allcbw authorization of bidding with construction to proceed within 90 days.
FISCAL 1MPAC:T:
The estimated cost of the requirements requested by the Association is appro
$6,000.00.
EXHIBITS:
1. Resolution No. 90-1 61 accepting an easement for the future constructio,
James Drive Storm Drain project.
2. Highland Townhouses easement document.
3. June 22, 1990 Highland Townhouses Owners Association Letter.
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RESOLUTION NO. 90- 1 6 1
A RESOLUTION OF THE CITY COUNCIL OF TH
CARLSBAD, CALIFORNIA, ACCEPTING AN EASEMEN
OF THE FUTURE CONSTRUCTION OF THE JAMES D
DRAIN, PROJECT NO. 3224.
he City Council of the City of Carlsbad has
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No. 3224; and 7
and in the public int est to construct an extension of the Jame Drive Storm Drain Syster
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NOW, THEREFORE, E IT RESOLVED as fo ws: 9
WHEREAS, an ea ement has been secured for aid project.
10 1. That \ the above ecitations are tru ii and correct.
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2. That an easement for the City’ future extension of the James Drive Stc
System is hereby accepted and \J the City C rk is authorized and directed to have same
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with the San Diego Cou ing recordation of said documents
Clerk is further authorized and dir opies of the documents to the f
Carlsbad Townhouses Box 1622, Carlsbad, California (i
ular meeting of the Carlsbad Cit!
held on the
20 /I AYES:/ \
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22 A 7 SENT:
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24 ATEST:
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27 11 ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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CLAUDE A. LEWl
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ilcrlcr NO.
E~,~~-~~~~ rdo. .I 0
Loan No.
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD ATTN: CITY CLERK
1200 ELM AVENUE
CARLSBAD, CA 92008
SPACE A8OVE THIS LINE FOR RECORDER'S kISLI
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ..................................... ....., Computed on the consideration or value of property convey ...... Computed on the consideration or value less liens or encuml
remaining at time of sale.
""" ~- " - __ "_ . . . " " . . - Signature of Declarant or Agent dererlnlnlng tax -- Firm Nar
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GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HIGHLAND TOWNHOMES
hereby GR*NT(S) toTHE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
the real property in the City of CARLSBAD
County of SAN DIEGO , State of California, (Icscri
AN EASEMEFIT FOR STORM DRAIN PURPOSES AND DESCRIBED AS FOLLOWS:
ASSESSOR'S PARCEL NO. 205-220-47
NO DEED REFERENCE
BEGINNING AT THE NORTHWESTERLV CORNER OF TRACT 246 OF MAP 1681, THUMLANDS. THENCE ALO
NORTHERLY UOUNDARY OF SAID TRACT 246, NORTH 610 21'0G' EAST 378.80 FEET; THENCE SOUTH 2E
EAST 193.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 28. 39'00' EAST 107.00 FEET: 1
SOUTH 61- 21'00" WEST 15.00 FEET; THENCE NORTH 280 39'00" WEST 107.00 FEET; THENCE NORTH 61
EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.037 ACRES, MORE OR LESS.
.. ..,,. . , .. . . , . , . . . .
;onPorjAI'E ACKNOWLEDGMENT rr __
,'
Slateof ___ td&L,d 1 On this the __ 1 day of M. 19__., 4d be
4' r 5. Die24 1 .cis. ,~UNL~P Ne/v/'* j Counly of ~._I_ """ ~~- .~ ~ ."""".._ -. - --- --"---~"--
the undersigned Notary PllbliC, personally appeared 1. ' flt%'k- EdWQpA COrQ ZZ4_ - __._ ~ ..___ .._____.
_I """ " "" .~ ""." ". __~
I I personally known to me ') 1' : ;pd proved 10 me on the basis Of SatiSfaClofY evlderlce
to be l/)e person(s) W)m executed the Wlthlrl Iflslrllfllollt 0s
" fcfs;/ea ." .or on t)etlalf 01 ttm corpor~tlo
named, and acknowledged to me that the COrPoratlon executed
WITNESS my hand and official seal. j
I 'J "___ ""_" +ad __ """""__" _"""--""---
Notary's Signature
~ ~ ~ ~~"""___^ -. ,. c_. -. 4" ~ ~~. ..
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L&QENB
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1 I @ INDICATES PROPOSED STORFA DRAIN EASEMENT I
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e PROPERTY LINE
TRACT 946
K28'39'00"W 107.00' A
S6i'Zl'OO"W i5.00' 1
Tp%k,,GT 941
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FYHTqTT -I - - - - . . . - "R" cpp >,TTAPU711T7 Tpfl '$1 -.~-7m--,~"--
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HIGHLAND TOWNHOUSES OWNERS ASSOCIATION, INC.
P.O. BOX 1622
CARLSBAD, CALIFORNIA 92008
June 22, 1990
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Dear City Officials:
This is to provide accurate information about the City's
James Drive Storm Drain Project and the Highland Townhouses
Owners Association. The following is a brief chronology of
the events leading to the present situation.
The City of Carlsbad contacted the Highland Townhouses
Association (hereafter known as HTHA) requesting an easement
for the property needed for the City's James Drive Storm Drain
Project. (Exhibit 1)
HTHA contacted the City and negotiated with Pat Entezari
for certain amenities. (Exhibit 2-4) An Accord was reached.
(Exhibit 4) The City agreed to provide the amenities requested by HTHA in exchange for granting the easement.
Hank Corazza, Association President, and Bobbi Schindler,
Association Treasurer, signed the documents in the presence of
the City's notary on May 1, 1990. Sharon Yakel, Association
Secretary, signed the document on May 2, 1990. After the docu-
ment was notarized by a City notary, a City staff member brough.
forth the "Future Improvement Agreement." (Exhibit 6) At no
time prior to May 2, 1990, had the Future Improvement Agreement
been disclosed or even alluded to by the City.
At the City of Carlsbad Council Meeting on June 19, 1990,
Lloyd Hubbs said that the Future Improvement Agreement was in
pub1i.c record; and, as such, should have been disclosed to HTHA
members in their title reports as each townhome was purchased.
This is what should have happened, but is not what occurred. H'
estimates over half its members' title reports show nothi-ng ab01
this agreement. Furthermore, when Pat Entezari discussed why tl
agreement had not been disclosed prior to negotiation for the e;
ment, he stated that the City's own title search for the James
Drive Project failed to reveal the Future Improvements Agreemen
Had the HTHA been aware of the Future Improvements hgreeme
prior to negotiation for the easement, we would have included t HTHA financial obligations in our negotiations.
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We have been told the Future Improvement Agreement pre-
dates and, therefore, negates the City's agreement with HTHA
for the easement. However, the Future Improvement Agreement
does not contain a Grant of Easement. The only easement the
City has from HTHA is contingent upon the agreement the City
now claims is void.
At the June 19, 1990, City Council meeting, Lloyd Hubbs
produced a document titled "Ordinance 9281." Mr. Hubbs said
Section 26 grants the City the easement it needs. (Exhibit 7)
Neither the sections in question nor any other pcrtion of the
Ordinance grants carte blanche easements for the James Drive
Storm Drain Project or the City would not have initiated nego-
tiations for the easement with HTHA. The copy of the Ordinance HTHA received from Mr. Hubbs during the June 19 meeting is not
complete. Bowever, the portions of the Ordinance we do have do
not appear to have been recorded as a document of public record;
nor had the City ever disclosed the Ordinance's existence to the HTHA prior to the June 19 City Council Meeting.
The Future Improvement Agreement has been deemed by HTHA's
legal counsel to be challengeable under provisions of Californiz
State law. (Exhibit 8)
When the HTHA was originally informed about the financial
obligation to the City, the amount was calculated using a fee
per unit totalling over $50,000 for the complex. After Hank
Corraza spoke with Ray Pachett, the figure was corrected by cal-
culating the cost per acre (not per townhome). The total for
the complex was $5,955. (Exhibit 5) This is a substantial sum
for our Association, one which we hope the City will waive in
consideration of our original good faith negotiations.
Very truly yours,
HIGHLAND TOWKHOUSES OWNERS ASSO(
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