HomeMy WebLinkAbout1995-01-10; City Council; 12976; AGREEMENT TO ACQUIRE RIGHT-OF-WAY FROM GODDDARD FAMILY TRUST 3997 PARK DRIVE APN: 207-120-40a LLt 3
63 a: Q?p. G- 4
z 0 5
8
a d 2 3
b '{f-
,LY-
AB # )a; ?'??(dl TITLE: AGREEMENT TO ACQUIRE DEI
MTG. .1/.10/95 RIGHT-OF-WAY FROM GODDARD FAMILY TRUST CIT
CIl DEPT. ENG
RECOMMENDED ACTION:
JPY OF CARLSBAD - AGWDA BILL
3997 PARK DRIVE
AI"; 207-1 20-40
Adopt Resolution No. Cr 5 - 5
Goddard Family Trust.
authorizing an agreement to acquire right-of-waj
ITEM EXPLANATION:
The City Sidewalk Program is a plan for sidewalk construction based on the City
Inventory Report adopted by City Council in June, 1991. The program esta
priority listing for sidewalk construction and was implemented to facilitate inst:
sidewalks that would not be constructed by land development activity or other F
As part of the City Sidewalk Program, Project No. 3391-2 provides infill sidew
certain feeder streets to close a gap in sidewalk access to Valley Junior High Sc
Magnolia Elementary School. Exhibit 2 illustrates the specific locations of the 1
in Project No. 3391 -2.
The Goddard property is located at the northwest corner of Park Drive and '
Avenue, as indicated on Exhibit 2. The improvements for the Goddard propert)
were designed and approved by City Council as part of Project No. 3391-2,
administratively excluded from the actual construction because the Goddard Fa
did not provide the right-of-way. However, after negotiation over a protracted til
were agreed upon that provides the City with the necessary right-of-way. The tei
agreement provides for private property restoration required due to elimination
major trees along Tamarack Avenue and parts of Park Drive. Cash payment wa:
by Goddard. The agreement, attached as Exhibit 3, provides specifics of the ne<
This project constitutes implementation of a prior project. Both General Plan c
and environmental review have been previously approved.
Included in the agreement are replacements, restorations, and modifications of
private property improvements on the Goddard parcel necessary to meld existii
normal to the right-of-way acquisition/construction process. The terms of the a are nearly identical to what the City initially proposed to Goddard during the des
of Project No. 3391-2, except for a small cash payment and delaying the work
1 , 1996. If the Goddard family wishes to allow construction at an earlier date would then start at an earlier date if practical.
property improvements with the work of the new public improvements. Suc
ENVIRONMENTAL REVIEW:
The California Coastal Commission issued an Exemption Letter, dated July 20,
Project No. 3391-2, waiving the need for a Coastal Permit.
The Planning Commission found the sidewalk construction, Project No. 2
conformance with the General Plan and approved PCD/GPC 92-04 on Novembc
The project Negative Declaration was issued on April 1 , 1993.
0 0
Page 2 of Agenda Bill No. 12; 4 ?b
FISCAL IMPACT:
The costs associated with the Goddard improvements is approximately $31
breakdown of the costs are as follows:
Estimated Construction Cost of Improvements in the Public Right-of-way $;
Estimated Cost of Improvements on Goddard Property $'
Cash Payment to Goddard $
The money is currently available from both Traffic Impact Fees and the Trans
They were appropriated via Resolution No. 94-118 at the City Council m
April 26. 1004. Current balances are $17.4!38 and $65,922 in Accoi
31 0-820-1 840-3391 and 342-820-1 840-3391, respectively.
EXHIBITS:
1. Resolution No. 9 5 - 5
Goddard Family Trust.
executing an agreement to acquire right-of-way
2. Location map.
3. Goddard agreement.
EXISTING STREET, NO WORK
r-l EXlSTlNG STREET, SIDEWALK & OTHER STREET IMPROVEMENTS
&eoGARa TO BE INSTALLED
z
1
2
3
4
5
6
7
8
9
10
11
12
13
14
l5
l6
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 1 e 0
RESOLUTION NO. 95-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, AUTHORIZING AN AGREEMENT TO ACQUIRI
RIGHT-OF-WAY FROM THE GODDARD FAMILY TRUST
WHEREAS, the City Council of the City of Carlsbad has determined ii
desirable, and in the public interest to enhance public safety by construc
improvements along various City streets; and
WHEREAS, property owned by the Goddard Family Trust is located in
Carlsbad at the northwest corner of Park Drive and Tamarack Avenue at the street a
Park Drive, has frontage which requires such public improvements; and
WHEREAS, Goddard is empowered by the September 1, 1992 trust to 1
property; and
WHEREAS, City Engineer has negotiated an agreement to build, at its exf
gutter, pavement, and sidewalk public improvements along said Goddard property f
provide private improvements and other compensation in return for the Goddard d
the easement for public street and public utility purposes; and
WHEREAS, funds in the amount of $38,950 to accomplish both public
improvements and other compensation are available from both Traffic Impact FE
TransNet funds in Account Numbers 31 0-820-1 840-3391 and 342-820-1 840-3391, r
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ctty c
California, as follows:
I. The above recitals are true and correct.
Ill
111
/I/
Ill
Ill
$9
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
I
0 0
2. The attached agreement to acquire right-of-way of the Goddard F
approved and the Mayor is directed to execute same for the City of Carlsbad.
3. The City Clerk is directed to send conformed copies of the executed
Mamie Goddard, David E. Williams Attorney for Goddard, and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba(
held on the 10TH day of JANUARY , 1995 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
0 0
AGREEMENT TO ACQUIRE
RIGHT-OF-WAY FROM GODDARD FAMILY TRUST
3997 PARK DRIVE
APN: 207-1 2040
THIS AGREEMENT is made and entered into by and between the CITY OF CARLS
a municipal corporation of the State of California, hereinafter referred to as "City', ant
Goddard Family Trust by MAMIE APTE GODDARD, Trustee, or her named successor tm
under trust dated September 1, 1992, hereinafter referred to as 'Goddard".
RECITALS
WHEREAS, property owned by the Goddard Family Trust is located in the C
Carlsbad at the northwest comer of Park Drive and Tamarack Avenue at the street adc
3997 Park Drive; and
WHEREAS, Goddard is empowered by the September 1, 1992 trust to transfei
property; and
WHEREAS, City has determined that it is necessary to construct public improver
along various City Streets in order to enhance public safety; and
WHEREAS, City wishes to build, at its expense, curb, gutter, pavement, and sid
public improvements along said Goddard property frontage, in return for the Goddard dedi1
of the easement for public street and public utility purposes, attached herein as Grant Dt
Easement, said easement consisting of the grant deed, legal description (Exhibit A to grant
and plat to illustrate easement (Exhibit B to grant deed), and other consideration.
WHEREAS, City proposes to construct said public improvements in accordanci
plans, City Drawing No. 336-1, Sheet 2 and Sheet 5 of 20 Sheets, and the Sts
Specifications for Public Works Construction (Green Book), as modified and supplemen
the contract specification for City Project No. 3391-2 as awarded June 28, 1994 by tt
Council and incorporated herein by reference; and
1 EXHIBIT 3 Page 1 of :
0 0
WHEREAS, Goddard has negotiated with City through its attorney, David E. William
agreed to provide said easement for public street and public utility purposes, Grant
attached to this agreement, far certain other consideration; and
WHEREAS, City of Carlsbad agrees to delay construction until July 1, 1996; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants cor
herein, City and Goddard agree as follows:
1. Goddard shall execute the Grant Deed of Easement forthe proposed partial
of land, as described in Exhibit 1 attached, and deliver same to the Ci Er within five (5) working days of execution of this agreement.
Goddard shall execute the City’s Right of Entry form incfuded herein provides permission to enter Goddard property for the purposes of facilitai construction of sidewalk and/or other street improvements along the fron the Goddard property. The construction may include clearing and gn
grading, preservation of existing drainage patterns, building support slopes
retaining walls, driveway modifications, and other miscellaneous remedia
The Right of Entry form is included by reference herein. The extent of ip will be such as required to construct the improvements agreed herein.
Goddard hereby grants City permission to enter upon Goddard’s property
to accomplish all private improvements required by Paragraph 5b below.
City will delay construction until July 1, f 996.
As full and complete payment for said easement, City will:
a.
2.
3.
4.
5.
Make a payment of $2,750 to Goddard within thirty (30) days of i that the Grant Deed of Easement is recorded with the Recorder Diego County.
Construct said public improvements in accordance with plar Drawing No. 336-1, Sheet 2 and Sheet 5 of 20 Sheets, and the S
Specifications for Public Works Construction (Green Book), as r
and supplemented by the contract specification for City Project Nc
as awarded June 28, 1994 by the CQ Councif and incorporated h reference; and
Restore Goddard property concurrently with City construction by
I Relocating and replacing existing fencing with new fencir
Park Drive and Tamarack Avenue in accordance with the PI specifications hereinbefore defined.
b.
c.
EXHIBIT 3 Page 2 of 2
e Replacing shrubs and trees IP follows:
1
Mix of Trees
Type: Eucalyptus Lehmanni Type: Tecomaris Capens Size: 15 Gallon Size: 15 Gallon Amount: 12 Amount: 12
Type: Tristania Conferta Type: Acacia Longifolia Size: 24" Box Size: 15 Gallon Amount: 6 Amount : 10
Mix of Shrubs
Planting ground cover, Delosperma Alba, a white trailing ic
in public right-of-way behind sidewalk on both Tamarack and Park Drive, which will provide coverage of same.
Extending Goddard's existing irrigation system to accommc
new plantings which are included in the scope of work.
Grading the site in accordance with the plans and specif hereinbefore defined. Fill material used will be appropriat task and compatible with the surrounding area.
Providing drainage to be consistent with existing drainage I and to provide positive flow to the public drainage systerr
Repairing Goddard's driveway in accordance with pial
Removing and disposing of the wooden bridge located n
fence gate on Tamarack Avenue.
Providing a four foot concrete walk (k.300 ft.2) and landir (kt50 ft.2) extending from the front door steps to an access 1 Tamarack Avenue, avoiding exposed tree roots where wa and practical.
rn
I
specifications, herein before defined.
rn
GODDARD FAMILY TRUST, by MAMIE APTE GODDARD, trustee, or her named successor trustee, under trust dated September 1, 1994 for the benefit of the Goddard Famill
January 11, 1995
Date Trus'tee
APP OVED AS TO FORM: Date
(& flzi, c~ccbo I-
& . A0 /YY*
APPROVED AS TO FORM FOR GO[ y2J5g/d/b2& A/
/lJJdLQ. City Attorney L w; /-//-9r
David E. Williams, ATTORNEY FOR I APT€ GODDARD, trustee, or her I successor trustee, under trust September 1, 1992 for the benefit
Goddard Family.
3
AND WHEN RECORD-~L TO 0
I 1 Name City Clerk City of Carlsbad Street Address 1200 Carisbad Village Drive City 8t Carlsbad, CA 92008
State I I
I 1
MAIL TAX STATEMENTS TO
Name
Street Address EXEMPT City &
State I I
SPACE ABOVE THIS LINE FOR RECORDER’S USE
OF EASEMENT APN
GRANT DEED PRL
The undersigned grantor(s declare s)’ Documentary transf)er tax is 5 6.00 computed on full value of property conveyed, or computed on full value less value of liens and encumbrances remaining at time of saie. Uninco orated area: x Ci of Carlsbad , and R A VA?bABLE CO&b&lA’TION, receipt of which is hereby acknowledged,
Goddard Family Trust, through Mamie Apte Goddard, Trustee, or her named success under trust, dated September 1,1992, for the benefit of the Goddard family.
!d
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the followin described real ro er in the City of Carlsbad County of San Diego, State oi ANEASE A&NT FOR PUB hzS& AND PUBLIC UTILITY PURPOSES over, unde across said real ro er as described in Exhibit “Aw consisting of 1 page, attached heretc a part hereof. &!it ’XB” consisting of 1 page is attached for clarity only.
DATED GODDARD FAMILY TRUST, By MAMIE APTE GODDARD, truste or her named successor trustee, under trust dated September 1,1992 for the benefit of the Goddard Fami
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,
(here insert name and title of the oficer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) k/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SI nature(s) on the instrument the person s , or t e entity u on behalf of which the
WJTNE!3S my hand and official seal.
Signature
(Signature) BY
1
Name Mamie Aote Goddard or her named successor Trus
(Type or Print)
Title (Type or Print)
(Signature) BY
person 0 s acted, f$ execute the instrument.
Name (Type or Print)
(Type or Print) (Seal) Title
MAIL THIS fliilT&lE?T AS DIREm ABOVE FXMfRIT -3 Uf’
0 0
GODDARD
3997 PARK DRNE
APFI NO. 207-120-40
BE!NG A PORTlON OF THE SOUTHWESTERLY 109 FEET OF THE SOUTHEASTER1
FE€T OF LOT 7 IN BLOCK "G" OF BELLA VISTA, IN THE CflY OF CARLSBAD, COUNT
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2155 FlLEI
OFNC€ OF THE COUMY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 191
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE ImRSECTION OF TAMARACK AVENUE AND PARK DRIVE;
PROCEEDING NORTHEASTERLY ALONG THE CENTERUNE OF PARK DRNE N 26Y
FEET; THENCE N 63" 49 W 25.00 FER TO ME TRUE POINT OF BEGINNING;
N 63"49 W 200.00 FEET ALONG THE NOFUJ-IEASTERLY LINE OF TAMARACK
THENCE N 26" 11 ' E, 8.00 FEEf; THENCE S 63049' E, 171 .OO FEET, TO A POlMT ON
CONCAVE NORTHWESTERLY WiTH A RADIUS OF 20.00 FEETAND A CEMRALANGL
THENCE 31.40 FEEf ALONG SAID CURVE TO A POINT OF TANGENCY WITH A LINE
N 26"11' E; THENCE ALONG SAID UNE 81.00 FEEf TO A POINT ON A UNE
N 63"49 W, SAID LINE BEING THE NORTHERLY BOUNDARY OF SAID POFlTlON
SOUTHWESTERLY 109.00 FET OF THE SOUTHEASTERLY 200.00 FEET OF SAID
BLOCK G OF BEU VISTA; THENCE S 63"49' W 9.00 FEET; THENCE ALONG THE W
LINE OF PARK DRNE S 26"ll' W 109.00 FEET TQ THE TRUE POINT OF BEGIN)
AREA OF DEDICATION IS 2595 SQUARE FEET MORE OR LESS.
EXHIBIT "A"
LEGAL DESCRIPTION
SHE= 1 OF 1
PR 3.4.176 PROJECT NO. 3391
EXHIBIT 3 5/7
%MISSION FOR RRGW e ENTRY
The City of Carlsbad requests permission to enter your property described as:
STREET ADDRESS: 3997 PARK CHIVE. CARLSBAD. CA 92008
ASSESSOR'S PARCEL NUMBER: 207-120-40
LEGAL DESCRIPTION:
BEING A PORTlON OF THE SOUTHWESTERLY 109 FEET OF THE SOUTHEAl
200.00 F€€T OF LOT 7 IN BLOCK 'G" OF BU VISTA, IN THE CflY OF CAR COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDfNG TO MAP Tk
NO. 2152, FILED IN THE OWCE OF THE COUNTY RECORDER OF SAN COUNT(, MARCH 7,1929 MORE PARTICUMLY DESCRlBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TAMAFMCK AVENUE AND PARK THENCE PROCEEDtNG NORTHEASTERLY ALONG THE CENTERLINE OF PAR N26"11'E26.00FEET;THENCEN63" 49'W2500FEEfTOTHETRUEPC BEGINNING; THENC€ N 63O49' W 200.00 FEEf ALONG THE NORTHEASTER OF TAMARACK AVENUE THENCE N 26" 11' E, 8.00 FEET; THENCE S 63"# E
FEET, TO A POINT ON A CURVE CONCAVE NORTHWESTERLY WITH A RAC 20.00 m AND A CENTRAL ANGLE OF 90"; THENCE 31.40 FEI' ALON CURVE TO A POINT OF TANGENCY WITH A UNE BEARING N 26"ll' E; 7 ALONG SAID I." 81.00 FEEf TO A POINT ON A UNE BEARING N 63"W ' UNE BUNG THE NORTHERLY BOUNDARY OF SAID PORTON C SOUTHWESTERLY 109.00 fTET OF THE SOUTHEASmLY 200.00 FEET OF S 7 IN BLOCK G OF BEflA VISTA; THENCE S 63"49' W 9-00 - THENCEALO WESTERLY LINE OF PARK DRIVE S 26" 1 1' W 109.00 FEET TO THE TRUE PC BEGINNING.
for the purposes of faciiiing the construction of sidewalk and/or othe improvements dong the frontage of your property. The construction may clearing and grubbing, grading, presenration of existing drainage patterns, supporting slopes and/or retaining wails, driveway modifications and other rnisce
remedial work.
The City Mil be responsible for all damages and liability arising from the City ent property for the above stated reasons.
The City shall perform all work in a pmfessienal manner per the approved pi
specifications.
When completed, the City will restore the owners real property to a condition I
the existing condition before the cansbuction.
The rigM of entry shall end when the City Council accepts the sidewalk construd as complete based upon the recommendation by the City Engineer.
OWNER OWNER
DATE DATE
EXHIBIT 3 71