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Home My WebLink About1991-11-05; City Council; 11416; ACCEPTANCE OF PREVIOUSLY REFUSED OFFERS OF DEDICATION AND APPROVAL OF AGREEMENTS WITH UTILITY COMPANIES FOR TAMARACK AVENUE IMPROVEMENTS5 c =-----,~ '* > bf% w 3 cz Q,., ' z 0 F: d 0 z =) 0 0 2 CITWF CARLSBAD - AGENDWILL 4y/ ( . AB#-- Tm. ACCEPTANCE OF PREVIOUSLY REFUSED DEPT. t MTG. 11/05/91 OFFERS OF DEDICATION AND APPROVAL OF CITY A1 CITY M DEPT. ENG:MP RECOMMENDED ACTION: Adopt Resolution No. q/-:j5saccepting previously refused offers of dedication street improvement purposes and directing the City Clerk to cause said accept to be recorded in the Office of the County Recorder. Adopt Resolution No. Yj-356 approving the payment of $251,195 to San Diego and Electric Company as an advance deposit for the undergrounding of electr lines on Tamarack Avenue. Adopt Resolution No. 9/-357 approving the payment of $50,288 to Pacific Bel an advance deposit for the undergrounding of the telephone lines on Tama Avenue. ITEM EXPLANATION: As a condition of previous approval of various development maps and lot splits, following properties located on Tamarack Avenue have previously rejected offer dedication recommended for acceptance at this time: Assessor Parcel Nos. 204-280-31 and 206-020-01. The above easements are necessary for the widening of Tamarack Avenue . Jefferson Street to Carlsbad Boulevard. Staff recommends acceptance of the al offers of dedication to be utilized for the widening of Tamarack Avenue. FISCAL IMPACT: All of the above dedications are offeredto the City at no cost. Funds in amount of $900,000 have been appropriated and are available to cover the cost? undergrounding utilities as an element of the improvements to Tamarack i Jefferson to Carl sbad Boulevard. EXHIBITS: 1. Location map. 2. AGREEMENTS WITH UTILITY COMPANIES FOR TAMARACK AVENUE IMPROVEMENTS Resolution No. 91 -3 55 accepting previously refused offers of dedical for street improvement purposes and directing the City Clerk to cause : acceptance to be recorded in the Office of the County Recorder. Resolution No. 9/-35d approving the payment of $251,195 to San Diego and Electric Company as an advance deposit for the undergrounding electrical lines on Tamarack Avenue. Carlsbad/SDG&E agreement for underground facilities. Resolution No. 91-'95'? approving the payment of $50,288 to Pacific Bell an advance deposit for the undergrounding of the telephone lines on Tamar Avenue. September 10, 1991 Letter Agreement from Pacific Bell regarding undergrc facil i ties. 3. 4. 5. 6. .I , L I L8CATION MAP DEDICATION N.T. s. r PROJECT# EX TAMARACK AVE - PROJECT NAME 0 0 EXHIBIT 4 *. Submitted to Applicant By: Sara I. Valdez, Pro) Mgmt Specialist AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES . THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility," and The City of Carlsbad, a Municipal Corporation , hereinafter called "Applicants. '' WITNESSETH: WHEREAS, Applicants are the owners, lessees, or others having a legal interest in those certain premises known as Tamarack Avenue Improvements located at Tamarack Avenue between Jefferson and Carlsbad Boulevards; and WHEREAS, Applicants desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance witk its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof, Utility shall furnish underground electric service to the premises show1 on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises. the following conditions: a. All Applicants shall execute this Agreement and shall perform all 3. This Agreement shall become effective only upon compliance with all of of the conditions herein contained. b. All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utilit] of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles. - 1- 106-2759H 4/28/83 e 0 reasonable time after Utility has removed its poles. Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material, facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense. c. Applicants will, at their expense and in conformity with the o Excavation, backfill and compaction o Conduits o Concrete substructures d. Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. Applicants hereby grant to Utility e. Each Applicants shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified or the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Undergrounc electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications. 4. Receipt is acknowledged from Applicant(s) of S254.6Q7 , which is an amount equal to the estimated cost of Utility's zonversion work compute( in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. After completion of all work by Utility, Utility will determine the actual cost of work. Should this amount be less than the estimated cost stated above, Utility will refund the difference to Applicant(s). No such refund shall be made in regard to amounts less than $25.00. wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e. above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwith- standing any payment made under this Agreement. Such facilities will b maintained and operated by Utility in accordance with its Rules for the Sale of Electric Eneruv on file with the California Public Utilities Commission. 5. In the event any additions, rearrangements, or changes to the electric 6. All wires, cables, conductors, conduits, ducts, connectors and 7. a. Utility shall be under no obligation to perform and complete the work undertaken by its pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3.b. and 3.e. of this Agreement shall have been fulfilled. -2- 106-2759H 4/28/83 @ 0 b. If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. C. Utility at its sole election, may undertaken to perform the work to be performed by it prior to the occurrence of the conditions specified in subsections (a) and (b) of this Section. The Commencement Of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under subsections (a) or (b) of this Section, or under any other provisions of this Agreement. d. If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. 8. If within 60 days after the effective date of the Contract Documents t Applicants has not started to perform the work required by the Contrac Documents, the Contract Documents shall terminate and become void. In that event, Utility shall return the above cash advance and all of Utility's obligations under the Contract Documents shall cease. Once Applicant has started to perform the work required by the Contrac Documents, Applicants agrees to exercise reasonable diligence in pursuing such work to completion within one year after the effective . 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 Applicants an amount equal to the above cash advance, minus Utility's costs. Utility's costs is defined as the actual cost (including but limited to labor, materials and overhead) incurred by Utility prior t such cancellation and termination in connection with work done in furtherance of Applicants' project, plus the actual cost of removing of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of its rig to cancel and terminate and upon payment to Applicants, all of Utilit obligation8 under the Contract Documents shall cease. modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 9. 10. This Agreement shall at all times be subject to such changes or 11. All terms and situations heretofore made and agreed to by the partier relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employc shall be binding upon Utility except as expressed herein. attached hereto is solely for use by Utility and nothing contained Appendix -3- 10 6-2 7 59H 4/28/83 0 0 therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement. 12. 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. Each Applicant signing this Agreement agrees that he shal: be jointly and severally liable under the terms of this Agreement with every other Applicant signing the Agreement. 13. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns. 14. The Contract Documents shall become effective only upon the date signed IN WITNESS WHEREOF, the parties hereto have individually executed or have caused this Agreement to be executed for and on behalf of each, by an through their responsible agents, partners, or duly authorized corporate officers, a8 the case may be. by the authorized representative of Utility. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation Approved: I- Title: lMayor By : Date: 11/6/91 Authorized Signature Utility Date: City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 (Mailing Address) -4- 106-2759H 4/28/83 a 0 t -3r-0 =r (3 3 r r-ar-r r- r r- $Jcn$J.E +G% r $1 !s! % 0 lnmoln ln-=f r- amm~ NPIn \o r- P I-*N CI 0 L W 0 Q n u) *amnu, 0v)cnv) 0 ‘dl 0 0000 0 00 tl I-I # C/)#v)v) v) #v) r3r-0 a m r- Parr 3 +ro\ IC NmNr i-0- (u IC rco-I- In-3 m 0 Inlnoln (ur-ln r- amm~ u) IC r- r*(u - W I 2; mi # *#a# #v)#W 0 a n- x zo wo on I 0 I- 01 I w 0 -1Z ln wo m Z& 0 > v)z - 2% ; A I- - Q\ (u z & w 4 v) w U I- zw - OZ -1 -- - I-JZ 00 w 3Wt- c zz & & <w=w n I- 3 w- 0 LYww no -I v)I- >(3 ln mu c3 3 .nv)-~ aww o 4n-e 0 JWXQ d) z2-m n IX- - wn =l z r: ~wmw J~LL~LL- -1wowo-1 ax & - -& bK I- I- x v)waLLv)I- z>oooz 0 -0 0 - z I- 0 nwatnn- w0wow-1 ALL>^ POk-0 4-1 u aw-1-I Ta-ZPZQ 0 t-&I-t-!-O - ncn o - -1 n P U 4 aw v) W I- -1 -0 23 gm 2 azv) WO n v)kZ n a= - 2i - n A w - n -(u W ZJ v)K 0 3 - 3 o-na A a o o -a c3n w wzwz P N. m -I 9 LL gxzm 9 I- wza p. W& ,EJU. LL sw 2 2 2 4%; & r LL &-e 0 I- nmw I-v) UW- 2-1 &- -LL v) - Z K-127 z z - OJv) n & 0 I- z - a* sx za-2 JO z w- I-xz -& Llc P QLL O 0 I-w 0 3- p. t-2 oa SPt-I- -- I-UI-0$k 0. d I- L za t-<5a g?~ O r- wo I- w z - w I- I- >ww z>w co >v) u -a v)!-v)v) tn- 0 gE2s %28 UI- 1ZZZ p.0-J c* a >w 5- w 23 wa 5 -- - -I- -I .. -1~~a-1a wa- I- OI-I-00 I-LYZ I-w I- 0 2Ov)ZE 0-- I-3XXI-Ge ~I-waa wnk -w-w- r 0 v) tnacnt- r 0 m dt-I- $I-a 0 m (3 wm N B l-& I- F I-m 0 *. zr- & wo w I K > CT n a v) v)r 0 0 Lo\ 0- n\ Y r CUmrrIn or- E mo 0 o\ z hCO no v) -u - I-- - .... n....- 0; . d:rNm=r Q a 0 EXHIBIT PACIFIC : BEL1 _* . a e -$, . *- Right of Wayiliaison 7337 Trade Street, Room 5410 San Oiego, California 92121 A Pacific Telesis Company RECEIVED September 10, 1991 u CEP 12 1391 M U N I CI PAL PRO2 ECTS DIVISION City of Carlsbad Attn: Pat Entezari 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear Pat Entezari: We have processed your request to relocate and underground aerial facilities located along Tamarack Avenue. Pacific Bell's cost of relocating and undergrounding its facilities is $50,288.00. Please sign the original of the enclosed agreement and return it with your check for $50,288.00. Please allow approximately 90 days after we receive your check and signed agreement for us to complete our work. Due to the rising cost of labor and material, this figure will apply for 30 days. If we do not receive payment by that time we will consider your request canceled. If you have any questions regarding our work, please call our engineer, Dennis Canada on (619)586-3837. Right of Way Agent Enclosures DB 1992R *. 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 za 0 0 RESOLUTION NO. 91 - 355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING PREVIOUSLY REFUSED OFFERS OF DEDICATION FOR TAMARACK AVENUE WIDENING PURPOSES WHEREAS, in order to construct Tamarack Avenue improvements, acceptar the dedication for the previously refused offers of dedication for the 5 easements is necessary; and WHEREAS, a one foot (1') strip of land previously offered for dedic on Hibiscus Circle, Map No. 9825, and not accepted by the City, now be acce and WHEREAS, the City Council of the City of Carlsbad determines it to the public interest to accept previously refused offers of dedication on Ass Parcel No. 204-280-31 as a condition of Adjustment Plat No. 112, record April 4, 1977, File No. 77-122032, and as described on Exhibit "A". WHEREAS, the City Council of the City of Carlsbad determined it to the public interest to accept said one foot (1') strip of land on Hit Circle, Assessor Parcel No. 206-020-01, and as described on Exhibit "Bll. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That the previous offers of dedication for Assessor's Parce 204-280-31 and as a condition of Adjustment Plat No. 112 recorded on Apr 1977, File No.' 77-122032 on Tamarack Avenue and 206-020-01, a one foot (1') of land on Map No. 9825 on Hibiscus Circle not accepted by the City at thc of recording is now accepted. 3. The City Clerk of the City of Carlsbad is hereby authorize directed to file a certificate of acceptance of all of the above parcels wid /// L 1 2 3 4 5 6 7 8 9 10 11 12 0 0 Office of the County Recorder of San Diego County, State of California recordat i on. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad , 1991 by the following Council held on the 5th day of November to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Member Kulchin ATTEST: @ 0 > VESTING: LINCOLN COASTAL TAMARACK WEST LTD, A CALIFORNIA PARTNERSHIP APN: 204-280-31 LEGAL DESCRIPTION THAT PORTION OF TRACT 231 OF THE THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DEESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT 231, BEING A POINT ON THE NORTHWESTERLY LINE OF TAMARACK AVENUE; THENCE SOUTH 61"21'00" WEST ALONG SAID NORTHWESTERLY LINE OF TAMARACK AVENUE, A DISTANCE OF 558.35 FEET; THENCE NORTH 28O39'45 WEST, A DISTANCE OF 34.00 FEET; THENCE NORTH 61"21'00 EAST, PARALLEL TO THE NORTHWESTERLY LINE OF SAID TAMARACK AVENUE A DISTANCE OF 533.35 FEET TO A POINT OF TANGENCY WITH A 25 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'45" FOR AN ARC DISTANCE OF 39.28 FEETTO A POINT OF TANGENCY WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE SOUTH 28"39'45" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 59.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "A b - - LOCATION MAP I Sq w SIZE 3 ma = am W rnm > a Y 0 a c a z a I- W PORTION OF LOT 4, RESERVED FOR FUTURE STREET ---+3 65.00' ---J- 8 / N 28" 39 00" w ? /- OF co z I DETAIL 'A" NOT TO SCALE PORTION OF LOT 4 RESERVED FOR FUTURE STREET SEE DETAIL'A' ABOVE W 3 INFORMATION OBTAINED FROM MAP NO. 9825 v PROJECT NAME PROJECT# EX1 3203 TAMARACK AVENUE IMPROVEMENTS -JEFFERSON STREET TO CARLSBAD BOULEVARD * EXH I B IT 'I B" 1 1 e e RESOLUTION NO. 91-356 I_ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PAYMENT OF $251,195 TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR UNDERGROUNDING ELECTRICAL LINES ON TAMARACK AVENUE WHEREAS, the City of Carlsbad will construct trenches for electrical and install conduits on Tamarack Avenue; and WHEREAS, the San Diego Gas and Electric Company will perform inspectir trenching and electric conduit installation; and WHEREAS, the City is required to deposit $251,195 with San Diego G; Electric Company as an advance deposit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of €arl California, as follows: 1. 2. That the payment of $251,195 to San Diego Gas and Electric deposit for undergrounding electrical lines on Tamarack Avenue is I approved. That the above recitations are true and correct. 3. That an agreement between the City of Carlsbad and San Diego G Electric Company for the undergrounding of utilities, a copy of which is o with the City Clerk, is incorporated herein by reference and hereby accei - 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 4. That the Mayor of the City of Carlsbad is hereby authorize directed to execute said agreement for and on behalf of the City of Carl Following the execution of this agreement, the City Clerk is further authc and directed to return an executed of said agreement to the Municipal Prc Department for further processing. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac , 1991 by the following Council held on the 5th day of November to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Member Kulchin ATTEST: &*AUtK i. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 e RESOLUTION NO. 91-357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PACIFIC BELL FOR UNDERGROUNDING TELEPHONE LINES ON TAMARACK AVENUE WHEREAS, the City of Carlsbad will construct trenches for telephone and install telephone conduits on Tamarack Avenue; and WHEREAS, Pacific Bell will perform inspection for trenching and telc conduit installation; and WHEREAS, the City is required to deposit $50,288 with Pacific Bell advance deposit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car' California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Pacific Be the t-renching and undergrounding of telephone lines, a copy of which is marked Exhibit "A" and made a part hereof, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authoriz directed to execute said agreement for and on behalf of the City of Car Following the execution of said agreement, the City Clerk is further authc /// /// /// /// /// /// /// /// (. 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 0 0 and directed to forward an executed copy of said agreement to the Muni Projects Department for processing. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Council held on the 5th day of November , 1991 by the following to wit: AYES: Council Members Lewis, Larson, Stanton, and Nygaard NOES: None ABSENT: Council Members Kulchin ATTEST: 0 e _' ' c i. 2',*.wE?: gpf Carlsbad, November 6, 1991 Date Pacific Bell Right of Way Office 7337 Trade Street, Rm. 5410 San Diego, CA 92121 Gentlemen: Enclosed is a check for $50,288.00 to be applied to the . account of City of Carlsbad in payment of Pacific Bell's cost to relocate and underground aerial facilities located along Tamarack Avenue. It is agreed by and between Pacific Bell and City of Carlsbad that the sum of $50,288.00 constitutes the total flat sum to be paid by City of Carlsbad for Pacific Bell's cost to relocate and underground said facilities. Yours truly, CITY OF CARLSBAD By : Title: Mayor Enclosures Pac. Bell Job DB 1992R 47/7/7/