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HomeMy WebLinkAbout1994-01-11; City Council; 12530; Joint Use Agmt w/ Pacific Bell - Poinsettia Lane-L: a UJ fz k2.u. zi 3 z 0 c 4 d z 3 0 0 WY OF CARLSBAD - AGIA BILL ,</- , p: BEPT. AB # 12 53 0 TITLE: APPROVAL OF JOINT USE AGREEMENT MTG. RIGHTS OF WAY WEST OF INTERSTATE 5 CITY b CITY A DEPT. RECOMMENDED ACTION: '01/11194 --"WITH PACIFIC BELL FOR POINSETTIA LANE ENG Council adopt Resolution No. 94- ? approving Joint Use Agreement wii Pacific Bell Corporation covering facilities located on the north side of Poinsettia between Interstate 5 and Avenida Encinas. ITEM EXPLANATION: As a part of the Poinsettia Lane - Interstate 5 interchange improvements Poinsettia a switching station and trunk lines located in a separate easement within this right c area which has been acquired by the City. The Pacific Bell easement was prior City acquisition and therefore has superior rights to operate within the area. The subject agreement recognizes the joint use of the easement area and stipulatc rights and obligations of each party in the area. Basically the agreement doc following: 1. wit1 be widened approximately 17 feet fronting the Innk of America Motel. Pacific! Rt City will pay for location of any facilities that may conflict with roadway needs. City will not encumber use of common areas. Pacific Bell will not interfere with City use for roadway purposes ar cover all costs of future alteration required to accommodate modific initiated by them. City will retain utility easements in the event of a street vacation. 2. 3. 4. 5, Pacific Bell retains existing prior rights. The City will incur some costs of line relocation in conjunction with street widening area. Pacific Bell has been very cooperative in limiting the extent of facility reloc required to accommodate the City's street widening. FISCAL IMPACT: City would be responsible for costs of further utility relocation necessitated by any 1 street work in the area. The current improvements are designed to provide for bL traffic and no further construction is contemplated at this time. EXHIBITS: 1. Resolution No. 9 4 - 4 approving Joint Use Agreement with the I Bell Corproation covering Facilites located on the north side of Poinsettie between Interstate 5 and Aveinda Encinas, 2. Joint Use Agreement I a 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 P RESOLUTION NO. 94-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH PACIFIC BELL CORPORATION FOR THE JOINT USE OF FACILITIES ON POINSETTIA LANE BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS. WHEREAS, the City Council of the City of Carlsbad has determined it ne desirable, and in the public interest to proceed with the improvements to the Poinset and Interstate 5 interchange, Project No. 3269; and WHEREAS, said improvements include the widening of Poinsettia Lane 1 Interstate 5 and Avenida Encinas; and, WHEREAS, said widening includes areas currently occupied and utilizec Pacific Bell Corporation for telecommunication purposes; and, WHEREAS, it is in the mutual interest of both parties to cooperatively uti1 easement areas. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That a Joint Use Agreement with the Pacific Bell Corporation, for of portions of Poinsettia Lane as further descnied in Exhibit A of the Joint Use Ag is hereby approved and that the Mayor and City Clerk are hereby authorized and to execute said agreement. That following the Mayor’s signature of said agreemei shall be forwarded to the City Engineer and recorded with the County Recorder’: /I/ /// /// /I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 e @ PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 11th day of JANUARY , 1994 by the followin to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila ATTEST: Ll.?!a&t- ALETHA L. RAUTENKRANZ, City &rk (SEAL) iwoimm AT 1-1 IE RE m c . tm OF I CITY OF CAItI,SIlAD I I I I I I 1 I I 1 e WI 11" RECORI3ED IiETlJRN TO PACIFIC nEI,I, RIGIIT OF \YAY 7337 Trade Street, Iloom 54 10 Sari Dicgo, CA 92 I2 1 CAR1,SnAD EXCI IANGE I The Undersigned declares consideration is less th2 I and Transfer Tax is None. By: Tf-IE AROVE BOX FOR RECORDER'S USE DB 8: JOINT lJSE AGREENIENT TI IIS AGREEMENT, dated -- JANUARY 13. 1994 , by and between PACIFIC BELL, ii corporalion (lEI,CO), atitl TI-lE CITY OF CARLSBAD, a municipal corporation (CITY), is made wi t.cf'crence to the following fiicts: A. 'll<l,CO is ciigaged in the I)ttsiness of telecominiiiiicatioiis within the City of Carlsbad, County San Diego, State of California, and has facilities for such purposes located in, upon, over, unc and across those certain easements and rights-of-way granted to TELCO per cfocuinent recorded b'elmiary 20, 1986, as F/P No. 86-067506 of Of'ficial Records; and 13. CITY is no\\! acquiring or has acquired, easements for p~lblic street piirposcs in, upon, over and acros: the real property dcscribctl in Exhibit "A." \vliicli is attached hercto and b~, this rcfcrciice matic a part Iicrcof, ant1 intciitls to coiisti-tict, opcratc and maintain therein a public clcclicatccl street: and (7. Tlic strcct tlctlication I-cfcrrcd licrcto is slionw on Cal Trails Project Report No. 11276-167840, Attachiliciit 9, Sheet 2, a copy of \\diicIi is on file in the Office of tlie City Engineer of the City of Clarlsl,ad alld I). (:I'l'Y aiitl 'i'l<ll(l() desire to pix)vide Ibt. the joint use oftlie area conimoii to both the 'mco cilsciiicills aii(1 i~i~iiIs-(~f~\viiy ilti(l ~lic ('ily's clctlicii~cd st i~ct i.igli~-oC\viiy I?>i. tlic coiislriictioii. opci'at ioii,, aiitl iiiaiiilcnaiicc ol'lmtli parties' I'iicilit ies in, ovci., iiiitlct., arid aciws t Iic alimxaid co111111011 ;I I'ca. a !Y -2- NOW, TIIEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, TELCO hereby consents that a public street may be constructed and mail over, upon and across that portion of TELCO aforementioned easements and riglits-of-way lying with limits of tlie proposed public street hereinafter referred to as area subject to the following. (a) In the event that fiiture use or alteration of said area by CITY for streets or public improveme incidental thereto shall at any time or times necessitate a rearrangement, relocation or reconstruction of any of TELCO'S facilities or the acquisition of additional property easement: or both; pursuant thereto, the same shall be performed by TELCO, or by another party with th consent of TELCO, at the cost of the CITY provided; however, in the event that acquisition ol additional cascincnts or property is required, the same shall be obtained by the CiTY in form satisfactory to TELCO, or by TELCO with the written consent of the CITY at the cost of the CITY. (b) In the event that the fiiture use of said easements or properties by TELCO shall at any time or times necessitate a rearrangement, relocation or reconstruction of the said public street or put iinprovements incidental thereto, the same shall be performed at the cost of TELCO. (c) All uses of said street area by either party shall be such as will not permanently internipt the L or operation of the facilities therein of the other party; uses of said area by either party which temporarily interfere with the use or operation of the facilities therein of the other party will b made only when reasonably necessary under said easements or for streets or incidental purpos and will be promptly terminated as soon as the necessity therefore no longer exists. ((1) lf'('i'i'Y sliall Iici.ealtcr v;icate 01. alxindon, in wide or part, tlie street which is occupicd by TE1,CO easements or properties, the CITY shall, in the vacation or abandonment proceedings, reserve TELCO all rights owned by TELCO prior to the execution of this certification. (e) Except as expressly herein set forth, this agreement shall not in any way alter, modify or terininate any of TELCO'S prior rights in said area. m e -3- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by ( autliorized officers 011 the day and year first above written. PACIFIC DELI,, A Mi fornia Coipral ion By: LJaU Right of Way htanager APPRO .D as to form and legality this / a- ay of d~ . , 1994. Od QJ-L :.E&; :ty;j ;‘E ic, p,rr*j By: .. .- -. . ...._I 1 w City Attorney .I--.* -... /z-/-q.3 ~ . __ - , ... .. . .‘ , ATTEST: mj4- Aletha L. Rautenkranz, City Cl&r m w EXHIBIT A _________ Street Iletlication - Poinsettia Ime '1,ots 4 and 5 of Carlsbad Tract No. 8 1-5 subdivision as said lots are shown on map of said sub-divisic for record as Map No. 10899 on the 11 day of April, 1984, shown as Parcel 1 of Parcel Map No. 140 filed for record on the 18 day of November, 198.5, all in the Office of the County Recorder of San Die; County, described as follows:. Reginning at thc Southeast corner of said Parcel 1; thence North 02'50'10" West (North 03'22'1 9" West (Record), North 02"50'55" West (CalTrans RWL 03760-3767, M.S. 775)) 17.72 feet along the easterly line of said Parcel I; thence South 68'3 1'55" West 85.65 feet to the beginning ofa non-tangent ciirve concave to the North having a radius of 1767.00 128.46 feet along said ciirve through a central angle of 04°09'55"; thence South 76'55'39" West 171.04 feet; thence North 52' 14'2 1 I' West 3 1.58 feet to a point on the westerly sideline of said Parcel 1, said point also the beginning of a curve concave to the East having a radius of458.00 feet; thence Southerly 17.06 feet along said curve through a central angle of02"08'03" to the beginning of a compound curve concave to the Northeast having a ratiiiis of 25.00 feet; thence Southerly and Southeasterly 4.5.33 feet along said curve through a central angle of 103'53'59"; thence North 76'55'39'' East 171.12 feet (North 76'55'39" East 17 1.12 feet Record) to the beginning of a curve concave to the North having a radius of 1,790.00 feet; thence Northeasterly 136.61 feet along said curve through a central angle of O4'22'22"; thence North 63'07'44" East 75.56 feet (North 62'25'35" East 75.59 feet feet, to wliich beginning a radial line bears South 17'14'1 6" East; thence Southwesterly . -.. Itecor-d) to the POINT OF BEGINNING. Right of Way/Liaison e e PACIFIC z - BEL A Pacific Telesis Cornpan 7337 Trade Street Room 5410 San Diego California 92121 161 9) 586 3900 December 7, 1993 City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 RE: Poinsettia Avenue / I5 Interchange Dear Mr. Hubbs. Enclosed is a Joint Use Agreement Pacific Bell would like to enter into with the City of Carlsbad to cover our existing facilities along Poinsettia Avenue in Carl sbad. Please arrange to have the Agreement executed as indicated and return the original copy to me in the envelope provided. The copy marked "OWN%RS COPY" is for the city's file. Should you have any questions, I can be reached on (619) 586-3894 Yours truly, -2hEY- Right of Way Agent Enclosure DB 8385U (19) - January 14, 1994 K. S. DeFord Right of Way Agent Pacific Bell 7337 Trade Street, Room 5410 San Diego, CA 92121 Re: Joint Use Agreement - Poinsettia Avenue/I-5 Interchange The Carlsbad City Council, at its meeting of January 11, 1994 adopted Resolution No. 94-9, approving a Joint Use Agreement wit1 the Pacific Bell Corporation covering facilities located on thc north side of Poinsettia Lane between Interstate 5 and Avenid, Encinas. Enclosed please find the fully executed original of the agreemen. and a copy of Resolution No. 94-9 for your files. bd+ ALETHA L. RAUTENKRANZ , CMC City Clerk Am: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280