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Home My WebLink About1995-04-11; City Council; 13099; APPROVE A THREE PART AGREEMENT WITH THE CITY OF ENCINITAS AND RELIGIOUS TAMAMITSU JINJAv I 4 a an z 2 o I- a d z 3 0 o Clm WF CARLSBAD - AGtw BILL ’b-+ 6 AB # 13; 099 TITLE: APPROVE A THREE PARTY DEPT. MTG. DEPT. ENG TAMAMITSU JI N JA CITY I RECOMMENDED ACTION: GlTY 1 4/11 /95 AGREEMENT WITH THE CITY OF ENCINITAS AND RELIGIOUS CORPORATION Adopt Resolution No, CTS- 4Y approving a three party agreement between the t Carlsbad and Encinitas, and the Religious Corporation, Tamamitsu Jinja for the dec of road easements along La Costa Avenue. ITEM EXPLANATION: Staff has successfully negotiated with the owners and representatives of the R Corporation Tamamitsu Jinja to acquire necessary road easements for both the L Avenue widening and La Costa Avenue and 1-5 interchange projects. Since the r is located in the City of Encinitas, the road easements will be dedicated to the Encinitas and rights reconveyed to Carlsbad after recordation by the City of Encinit, property owner requested that the City of Carlsbad and the City of Encinitas WE future road improvement requirements along their frontage on La Costa Avenue, i for the road easement dedication which is agreeable to staff. The three party agreement requires execution by all parties prior to recordatiot easement documents. As a part of the three party agreement, Carlsbad agrees to allow U-turn movemer La Costa Avenue westbound to La Costa Avenue eastbound at Piraeus Stree agreement also requires the City of Encinitas to convey all developer dedicated eas rights to the City of Carlsbad following recordation of the documents in conformar the agreements. Additionally, and as a condition of a previously approved coo agreement, the Cities of Encinitas and Carlsbad have agreed to relocate t boundaries to the south side of the new La Costa Avenue road alignment Y improvements are complete pursuant to the agencies joint circulation agreement FISCAL IMPACT: The property owner will dedicate the necessary easements to the City of Encinitas agreed to construct acceleration and deceleration lanes and bus stop facilities develops the property. The property owner is not processing any development through the City of Encinitas at this time. Their representative has indicated to C that they do not plan to do so in the next few years. Environmental constraints m development questionable. The estimated cost of the acceleration - deceleration approximately 0.85 acres of temporary slope easement. Although the slope ease temporary the existence of the slope will limit the development potential of the encumbered. The value of the easements is estimated as approximately 9 Condemnation, including appraisals, court costs staff charges and attorney’ fees, t the easements through eminent domain proceedings would cost more than $70,0 cost of the improvement along the property owner’s frontage is estimated as $: The interchange cannot be completed without the subject rights-of-way and improv Because of the delay cost of an extended right-of-way negotiation and [ condemnation action, staff recommends the agreed exchange. Funds to construc Costa Avenue / 1-5 interchange are in account 430-1 890-321 9 in the amount of $: By combining those funds with TDA, TRANSNET and Traffic Impact Fees in the of $9,360,000, sufficient funding to construct the interchange improvements available. Construction of the interchange is scheduled to start in early 1996. $200,000, The property owner is offering approximately 0,52 acres of street easerr I I e 0 Page 2 of Agenda Bill No. 13, 0 c/ 7 EXHIBITS: 1. Location map. 2. Resolution No. 9 5 - 74 approving a three party agreement with the Encinitas, and the Religious Corporation, Tamamitsu Jinja for the dedication ( easements along La Costa Avenue. 3. Three Party Agreement. 4. Easement Document. e v BATlQUlTOS LAGOON *RIG H T-o F - w AY THE RELIGIOUS CORP TAMAMITSU JlNJA APN 216-110-31 L--------------- NOT TO SCALE LA COSTA AVENUE/I-5 OVERPASS DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT 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 Exhibit z RESOLUTION NO. 9 5 - 9 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE PARTY AGREEMENT WITH THE RELIGIOUS, CORPORATION OF TAMAMITSU JINJA AND THE CITY OF ENCINITAS, FOR THE EASEMENT DEDICATION FOR THE LA COSTA AVENUE AND 1-5 INTERCHANGE AND ROAD WIDENING PROJECTS. WHEREAS, the City Council of the City of Carisbad has deemed it necessary public interest to proceed with the construction of improvements to the La Costa Aver interchange; and WHEREAS, it is necessary to acquire the road easements for the La Costa A! 1-5 bridge and road project from the Religious Corporation Tamamitsu Jinja; and. WHEREAS, the Ci Council of the City of Crprlsbad finds it necessary and dc execute the three party agreement executed by the City for Encinitas and the Corporation Tamamitsu Jinja to facilitate said construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the Council hereby authorizes the Mayor to execute the three party on behalf of the City Council. Ill Ill Ill Ill Ill //I Ill Ill II * 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 a 0 3. That following the Mayor’s signature of said agreement, the City Clerk is a and directed to forward executed copies of said agreement to the Crty Engineei Religious Corporation, Tamamitsu Jinja’s attorney, Mr. Ronald Rouse at 600 West E Suite 2600, San Diego, CA 92101. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci heid on the 11th day of APRIL , 1995 by the following vote, to wit: AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: AgiA%uiN (SEAL) m aXr'lD1~ s THREE PARTY IMPROVEMENT AGREEMENT AND AMENDMENT TO ClRCULATlON AGREEMENT THIS AGREEMENT, made and entered into as of the day of- ,1995, by and between the CITIES OF CARLSBAD AND ENCINITAS, munici corporation, hereinafter referred to as "Carlsbad" and "Encinitas", and the RELlGlO CORPORATION, TAMAMITSU JINJA, hereinafter referred to as "Developer". RECITALS A. Developer's property is located in Encinitas, just south of Carlsbad's bounda and the Developer desires to access its property from La Costa Avenue. 8. Developer would be required to obtain encroachment and right-of-way pern from Carlsbad to construct its access on La Costa Avenue. C. Developer desires to convey all necessary road, slope and drainage easeme along its property on La Costa Avenue to construct bridge and road widening projects. D. Developer would be required by Encinitas to install frontage improvements La Costa Avenue as a condition of development. E. In return for the conveyance of road, slope and drainage easements, Carlsbad i Encinitas and Developer desire to enter into this agreement wherein it is provided that Carlsl will install and complete, at Carlsbad's expense, full street improvements along Develop1 property on La Costa Avenue and allow a right-turn-in/right-turn-out access location to pro perty. F. That Encinitas and Carlsbad desire to amend Section IV-c-6 of the Circulai Agreement approved on July, 12, 1994 to waive the La Costa Avenue frontage improver requirement as a condition for the Developer's site development condition, if Developer conv 0 e - the necessary road, drainage, and slope easements to Encinitas within thirty (30) days of the d of this agreement in the form of the permanent and temporary easements set forth on Exhibit hereto. G. H. This agreement is of mutual benefit to Encinitas and Carlsbad. The proposed easements are necessary to facilitate the construction of La Costa and 1-5 interchange which is currently under design. NOW, THEREFORE, Developer, Carlsbad, and Encinitas agree as follows: That the above recitals are true and correct; That Dr. Hiroshi Motoyama, the undersigned signatory on behalf of Developer is authorized to transfer property and execute this agreement on behalf of Religious Corporation Tamamitsu Jinja. DEVELOPER AGREES: 1. 2. 1. To execute and deliver road, slope and drainage easements as shown Exhibit "A in recordable form in favor of and to the City of Encinitas within tt (30) days of the date of execution of this contract. If and when approved for development by Encinitas, install a driveway that perr right turn in/right turn out of the property at approximately 900' east of Piral Street, Encinitas, California, Station 49+30 of the La Costa Avenue improven; plans, Drawing No. 308-5, dated February 21, 1990 on file with Carlsbad's Engineer, or if the development plans change at another reasonably praci location along La Costa Avenue and approved by Carlsbad City Engineer match the driveway with the then existing improvements. 2. 2 0 0 - 3. Apply for and obtain encroachment and right-of-way permits from Carlsbac construct, at its sole expense, a deceleration lane along the property from Pirac Street to the proposed driveway serving the property at approximately 900’ fr P iraeus Street, or at another reasonably practical location approved by Carlsl City Engineer. Construct and/or install improvements in compliance with the Bus Stop Stands and requirements of the North County Transit District, at the same time as Iter, and 3 are accomplished, unless waived by the North County Transit District. 4. CARLSBAD AGREES: 1. That its future approval of the permit or permits required for the drivewa! No. (2) above will allow right-turn-in/right-turn-out access to applicant’s prop to La Costa Avenue. To make provisions for U-turn movements from La Costa Avenue westbounc La Costa Avenue eastbound at Piraeus Street. 2. 3. As part of Carlsbad’s I-5/ La Costa Avenue interchange Improvement Pro (Contract No. 1 1-1 67844), to install road improvements along Developer’s prop frontage on La Costa Avenue within the permanent easement and the limit: said project. 4. As part of La Costa Avenue improvements, to complete the remair improvements within the permanent easement area along Developer’s prop frontage, in accordance with Drawing No. 308-5 dated February 21, 1990 anc file in the office of Carlsbad’s City Engineer. 3 0 w ENCl NlTAS AGREES: 1. If and when Developer submits ard obtains development approvals substanti, similar to its Preliminary Site Analysis Plan Alternative 6-1 dated October 15, 1 < or such other development program substantially in compliance with its agreem stated above, to waive normal road improvement requirements on La Co Avenue. To convey all Developer's road, slope and drainage easements to Carlsbad UF recordat ion. 2. CARLSBAD AND ENClNlTAS MUTUALLY AGREE: To hereby amend Section Ill-c-6 of the Circulation Agreement approved on July 12, 1 to waive the La Costa Avenue frontage improvement requirement as a condition for Developer's site development to be effective, if and when Developer conveys the necessary rc drainage, and slope easements to Encinitas within thirty (30) days of the date of this agreerr in the farm of the permanent and temporary easements set forth on Exhibit "A" hereto. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties with respect to the sub matter. In the event of any action or proceeding in court or arbitration to enforce or interpret provisions of this agreement, the prevailing party in any such action or proceeding shall entitled to recover its attorney's fees in addition to costs of suit in such action or proceeding modifications, amendments, or waivers of the terms of this agreement must be in writing signed by the appropriate representatives of the parties. In the case of Carlsbad, the appropi BO, ... ... ... 4 - e w I party shall be the Mayor of the City of Carlsbad. appropriate party shall be the Mayor of the City of Encinitas. In the case of the City of Encinitas, 1 Executed by the Religious Corporation, Tamamitsu Jinja this x day 5 (I h-@flK&?y, igg#', clmask a mu icip I or oration a, Mayor Chuck DuVivier DATE: 3 -aa-qs- DATE: 1/- /3- 9s- ATTEST: v x- LLmLbp- lzzzdt- - a TZ-. k ALETHA L. RAUTENKRANZ, City Clerk - Deborah Cervone, City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney +C. 12.9 f. RELIGIOUS CORPORATION TAMAMITSU JINJA gM'- m_, Sign Name U 3r. U&d, . r-/cobLIci btq, Print Name and Title I- 5 a W -1 r .. STATE OF pA ) 1 ss: COUNTY OF 5t1 D/@7d ) On +/7 I /iWK ?/k.?td4 I personall personally appeared TOWA known to me (or proved to me on the basidof satisfactory evidence) to be the person(s) whose name(s) Q/are subscribed t the within instrument executedBe same in&$/her/their authorized capacity (ies) , an that by hi /her/their signature on the instrument the person(s) or the entity upon behalf of which the person(s) acted, execute the instrument. d acknowledged to me that@/she/they WITNESS my hand and official seal. Notary Public w Exhibit 4 * 1 1 City of Enchitas ) 1 When Recorded Mail to: 1 City Clerk 1 City of Encinitas 1 505 South Vulcan Avenue ) Encinitas, CA 92024 1 1 ONLY CORDER'S USE ISPACE ABOVE FOR RE e Recording Requested By: L FOR THE BENEFIT OF THE CITY ) EASEMENT FOR CITY HIGHWAY AND TEMPORARY EASEMENT FOR SLOPES, GRADING, AND DRAINAGE Assessor's Parcel Project No. : -31 W.O. No.: No. 216 - 110 RU6roUS CORPO~LEVTW~~ hereinafter called GRANTOR(S), do(es) hereb grant, convey and dedicate to the CITY OF ENCINITAS, State o California, hereinafter called GRANTEE, the right of way an incidents thereto for a public highway upon, over and across tha certain real property in the City of Encinit,as, County of Sa Diego, State of California, described as follows: .I itsu Jima. barnam SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, AND EXHIBIT I'A-l", IDENTIFYING THE PERMANENT EASEMENT FOR CITY HIGHWAY (IIPermanent Easement") . SEE EXHIBIT I'B" ATTACHED HERETO AND MADE A PART HEREOF BY THI REFERENCE AND EXHIBIT "8-l", IDENTIFYING THE TEMPORAR EASEMENT FOR SLOPES, GRADING AND DRAINAGE (IrTemporar Easement"). SAID TEMPORARY EASEMENT WILL TERMINATE UPC FILING OF A NOTICE OF COMPLETION OF CONSTRUCTION OF LA COS? AVENUE BETWEEN 1-5 AND EL CAMINO REAL PROJECT NO. 3215. Bk] i pj Iy cov4446 1 %W&VL+) A (to TLW My ZiymW Signature of Owners to be notarized. Attach the appropriate acknowledgements. L 0 W I L ss: STATE OF Cfi 1 COUNTY OF 5Qrl /j,,,o ; , 19Yc - before me, A{fih(/(?- p fl~J~~///~~ personally On + peared '\Q& i , personal11 known to me (or proved%; rn!! on tHhe'~~~~'onsAatisfactory evidence) to be the person(s) whose name(s) @are subscribed tc the within instrument executed t same in i /her/their authorized capacity(ies), anc that by & -3 her/their signature on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executec the instrument. d acknowledged to me that @she/they 0 WITNESS my hand and official seal. . 0 W 1 . EXHIBIT “A” PERMANENT EASEMENT FOR LA COSTA AVENUE RIGHT-OF-WAY ALL THAT PORTION OF LOT 5 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDMO BASE AND MERIDIAN, M THE CITY OF ENCMITAS, COUNTY OF SAN DIEGO, SI OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH OO”23’58” EAST ALONG THE EASTERLY LINE OF SAID LOT 5 112.28 FEET TO A POINT ON THE SOUTHER LINE OF A 60-FOOT WDE EASEMENT FOR A COUNTY HIGHWAY DESCRIBED W DEED TO TH COUNTY OF SAN DIEGO RECORDED AS FILE NO. 191547 ON DECEh4BER 7, 1966, IN THE OFFIC THE RECORDER OF SAID COUNTY AND AS SURVEYED PER ROAD SURVEY 1796-65, SAID por BEING THE POINT OF BEGINNING (FOR THE PURPOSE OF THIS DESCRIPTION, BEARINGS AI BASED ON TJ5E CALIFORNIA STATE PLANJ3 COORDINATE SYSTEM, NAD 1927 AS SURVEYEC CALTRANS PER MAPS MS 637 AND MS 775); THENCE C0NTT”G ALONG SAID EASTERLY 1 SOUTH OO023’S8” EAST 6.01 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 72’58’54“ 162.62 FEET TO THE BEGINNTNG OF A TANGENT 1360.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 02’27” A DISTANCE OF 45 I .96 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 53O56’27” W 136.22 FEET TO TJ3E BEGINNING OF ANON-TANGENT 4820.00-FOOT RADIUS CURVE CONCA NORTHWESTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 37O07’13” EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5’20’19” A DISTA OF 449.12 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 58’13’06” WEST 267.57 FEET TO POINT ON A 399.99-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING EXHIBIT “A” PAGE 1 OF2 . * w Y EASTERLY LME OF LAND CONVEYED TO THE STATE OF CALIFORMA IN DEED RECORDED my 20, 1964, AS FILE NO. 130352 OF THE OFFICIAL RECORDS, A RADIAL TO SAID POINT BEA NORTH 59°07'27'y WEST; TKENCE NORTHEASTERLY ALONG SAID EASTERLY LME THROUGH CENTRAL ANGLE OF 26'0 1 ' 14" A DISTANCE OF 18 1.65 FEET; THEXCE C0NTI"G ALONG SP EASTERLY LINE NORTH 28"40'06" WEST 9.87 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID 60-FOOT WIDE EASEMENT FOR A COUNTY HIGHWAY; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES TO THE POINT OF BEGINMNG; THENCE NORTH 61"20'36" EAST 24.78 FEET TO A TANGENT 4,880.00-FOOT RAD1 CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 'I3IROUGH A CENTRAL ANGLE OF 3"34'25" A DISTANCE OF 304.37 FEET; THENCE NORTH 57Ol EAST 405.64 FEET TO A TANGENT 1,370.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERL' THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANI OF 15"13'25" A DISTANCE OF 364.01 FEET; THENCE NORTH 72'54'37" EAST 197.04 FEET. SDC 1740044LDLCA DOClcaplRSP~O12095 I EXHIBIT "A" PAGE 2 OF 2 e EXHIBIT 'A-14) 1 I 7~n~ rnn\rn\, rnllrt Ssiite 700 w r EZ[HIBIT ”B” TEMPORARY EASEMENT FOR SLOPES, GRADING, AND DRAINAGE ALL THAT PORTION OF LOT 5 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CIlY OF ENCMITAS, COUNTY OF SAN DIEGO, S’ OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 0’23’58” ALONG THE EASTERLY LINE OF SAID LOT 5 1 18.29 FEET TO THE POINT OF BEGI”G (FO THE PURPOSE OF THIS DESCRIPTION, BEARINGS AR€ BASED ON THE CALEORNIA STATE PI COORDINATE SYSTEM, NAD 1927 AS SURVEYED BY CALTRANS PER MAPS MS 637 AND MS r THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 0’23’58” EAST 26.02 FEET; THE? LEAVMG SAID EASTERLY LINE SOUTH 74”48’09” WEST 155.26 FEET TO THE BEGMNMG OF NON-TANGENT 1,340.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID P BEARS NORTH 17”01’06” WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CEN ANGLE OF 19’02’27” A DISTANCE OF 445.32 FEET; THENCE SOUTH 53’56’27” WEST 135.85 FEI THE BEGINNING OF A NON-TANGENT 4,840.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 37”07’13” EAST; THENCE SOUTHWESTERLY ALONG SALD CURVE THROUGH A CENTRAL ANGLE OF 4°53’10” A DISTh OF 412.76 FEET; THENCE SOUTH 52O49’47” WEST 105.38 FEET; THENCE SOUTH 60’04’51” WE! 238.43 FEET TO A POINT ON A 399.99-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, Si CURVE BEMG THE EASTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA I EXHIBIT “By’ PAGE 1 OF 2 a w ‘c c CL DEED RECORDED JULY 20,1964, AS FILE NO. 130352 OF THE OFFICIAL RECORDS, A RADLAL 1 SAID POINT BEARS NORTH 65’20’42’’ WEST; THENCE NORTHEASTERLY ALONG SAID EASTEF LINE THROUGH A CENTML ANGLE OF 06°13’15” A DISTANCE OF 43.43 FEET; THENCE LEAVI SAID EASTERLY LJ.NE NORTH 58’13’06’’ EAST 267.57 FEET TO THE BEGMNMG OF A TANGEN 4,820.00-FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05’20’19” A DISTANCE OF 449.12 FEET; THENCE NORTH 53’56’27’’ EAST 136.22 FEET TO THE BEGI”TNG OF A TANGENT 1,360.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTH EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19’02’27’’ A DISTANCE OF 45 1.96 FEET; THENCE NORTH 72’58’54‘’ EAST 162.62 FEE THE POINT OF BEGINNING. SAID SLOPE, GRADING AND DRAMAGE EASEMENTS WILL TERMINATE UPON FILING OF A NOTICE OF COMPLETION OF CONSTRUCTION OF LA COSTA AVENUE BETWEEN 1-5 AND EL CAMINO REAL PROJECT NO. 3215. SD-C 17-400-04/LDLCA2.DOC/cap/RSP/O12095 EXHIBIT “B” PAGE 2 OF 2 . EXHIBIT 'B-1' T - t CORPORRTIon 7808 Convoy Court Suite 200