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HomeMy WebLinkAbout1996-07-09; City Council; 13726; APPROPRIATION OF FUNDS FOR UNDERGROUNDING ON CAMINO DE LAS ONDASc us. > 0 6%: UL 2 z 0 t- 0 -I 0 z 3 a - 8 0 CITY OF CARLSBAD - AGENDA BILL m \ AB# /T, 326 TITLE APPROPRIATION OF FUNDS FOR DEPT?HD.'k CITY AT< DEPT. ENG cipl MGR.? Adopt Resolution No. ?b -zv/ authorizing the Finance Director to appropriat for undergrounding approximately 225 L. F. of overhead utilities and constructir improvements on Camino de las Ondas, just east of Paseo del Norte. UNDERGROUNDING ON MTG. '?-y. :%b CAMINO DE LAS ONDAS 7 RECOMMENDED ACTION : ITEM EXPLANATION : On July 1, 1977, Charles and Alice Kramer entered into an agreement with tl improve a portion of Camino de las Ondas as a condition of the City's approval c map on a 29 acre piece of land at the northeast corner of Paseo del Norte and C las Ondas. The Kramers split the property into a 1 acre parcel and a 28 acre pa 28 acre parcel was sold and single family units are currently being constructe Greystone Homes. Greystone has completed the undergrounding of overhe: and improvements to Camino de las Ondas from the 1 acre parcel kept by the I4 the newly constructed Hidden Valley Road. Since Camino de las Bndas will be a primary route to Poinsettia Park, which is ! to open late this year, Mrs. Kramer was notified by certified letter on Novembe that the City was now requiring her to improve Camino de las Ondas under tht the Future Improvement Agreement. Mrs. Kramer has completed the grading o de las Ondas, but appears unable or unwilling to complete the undergrounding M has been estimated by SDG&E to cost $42,000. Trenching and conduit inst, estimated to cost an additional $6,000. After the undergrounding work is complc and gutter, sidewalk and a.c. paving must be constructed to complete the wil Camino de las Ondas in front of Mrs. Kramer's property. Her attorney has verb: that Mrs. Kramer will pay for the construction of the necessary surface improven a contingency measure, staff is requesting an additional $20,000 be budgeted to the street work if Mrs. Kramer fails to construct the street improvements in manner. Because Mrs. Kramer is not proceeding with the undergrounding of overhead uti1 recommends that the City pay to have the work done and recover the costs terms of the Future Improvement Agreement. The undergrounding work completed before the future traffic signal at Paseo del Node and Camino de I: can be activated. The signal is currently out to bid with bid opening scheduled i 1996. FISCAL IMPACT: The Future Improvement Agreement states that the Property owner must con: required improvements within 60 days after receiving notification to do so from The end of the 60 day period was in January 1996, and the property ownei completed the necessary improvements. Therefore, staff recommends using $I General Fund contingency money to complete the project. The City will co pursue collection efforts. The Future Improvement Agreement authorizes th foreclose if collection efforts are unsuccessful. 0 0 PAGE 2 OF AGENDA BILL NO. /3,72& EXHIBITS: 1. Location Map. 2. 3. Resolution No. 98 -&)v ( authorizing the Finance Director to appropriatt complete undergrounding work on a portion of Camino de las Ondas east del Norte. Copy of Future Improvement Agreement. - LOCATION OF UNDERGROUNDING WORK 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 RESOLUTION N m 96-241 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE FUNDS TO COMPLETE UNDERGROUNDING WORK ON A PORTION OF CAMINO DE L4S ONDAS. WHEREAS, the City Council of the City of Carlsbad has determined it necessary and in the public interest to complete street improvements and the undergrounding of utilities on Camino de las Ondas east of Paseo del Norte ; and WHEREAS, completing the street improvements and undergrounding work on ( las Ondas will enable Camino de las Ondas to be widened and improved to current City and facilitate the installation of a traffic signal at the intersection of Paseo del Norte and ( las Ondas; and WHEREAS, widening Camino de las Ondas and construction of a traffic signal wi traffic into and out of Poinsettia Park and the surrounding residential development; and WHEREAS, a request and lawful demand was made upon Alice Kramer to cor aforementioned improvements and undergrounding work in accordance with the terms ( improvement agreement executed by Alice Kramer; and WHEREAS, Alice Kramer has not fulfilled her obligations under the terms of improvement agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. 2. That the above recitations are true and correct. That the City Council hereby authorizes and directs the City Engineer to I completion of street improvements and undergrounding of overhead utilities along the fr the Krarner property .on Ill Ill IJi 111 I/ 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 Camino de las Ondas by utilizing General Fund contingency money and to file a lien with tt Recorder against the Kramer property in the amount necessary to complete said under! work. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit held on the 9th day of JUZY , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk J (SEAL) LOOK 197 RECORDEJ REO1 .. a 22'2,J Exhibit 3. . - l&kL&Jcr. JUl II 9 2s '*. ,- l~EC,C~2lJ I ;JC; Ti~()uL5f ri) r;Y AN~ ) wii-ti wxmxIt /.a I I- i 0: ) 1 C i t y or Ca I- I 51x:ci 1 1200 F. llil Avetl~~r 1 1 I 1 CJFFlCifL 85( SAt4 CiEG:) Co'J'r HAIlLiLY ;'.!I C;I rl >l);~cI , LA ')'LOO8 1 fiECORDI __ ___ _.__._ -- Space LILJOV~ tI-I i s 1 i r-le for Rccoi-del-.' : _-I--- ..---- ----.--.-- __ ---. --...-.- Lise Docurn. tit i'y t I-JI.IS lrcr :.'x: $b!o l'ee Sicjr?atut-c of declsrant determining f i rm riatiit' City of' Carlsbac! -__ 42- --_ .- .- ._ .- - . I- &------ - .. ---- 214-140-12 . Parcel IJO. __.-___.__ ~ _____.____ -.- -_l-------__l-- --- CONTRAC'I' FOR FUTURE PUEL.IC II~!Pl?OVEMEi4lS -& -- -.-- THIS AGREEMENT is made by the City of Carlsbad, a niunicip corporatioi-1, hereinafter referred to as "City", and Charles J. Krar and Alice M. Kramer , hereinafter referred to as "P . t~ Ol\/ilet.". P,EC I IA LS : .. .. -- - WEREAS, Property O,.;lnei- has applied Yo City For a - Final Parcel Map, N M.S. 287, Parcel for the real property hereinafter described, now under Pi-oper-~:y (?wr owi-~~i-~l~ip; and WHCREAS; it has been found that said p'i-opclrty is not suit for development in its present cond i tion, however sa id pi-ope:-ty woi! silitable for development if certsin pub1 ic improvcnents !?ei-~ir1;iftre~ described are constructed and.certs in i 1-1-evocahln offers of dr=,cIirxt Fi1-C n:i7dt! to C i ty: and WHEREAS, tlie Mutiicipal Code or City and City Engineer'! letter dated July 9, 1976, st-tackled ii.ei-etn and incoi-pi>rstcd by t-cTctcrice tii.I-ei ti rcqui re certcii inii,rovemcnts CIIKI tieciicat.ions as a crwdi t ion of appi'oval of this Final Parcel Map ; and 'd \fliEREAS , 1'1-opcrty Owner has requested sd i d . be cli-;?iitcci Izy City in advance or the t inie said il!t~~i-[.~~~~~;~~~l~~~ 31-c to 4 a &> . 22325 a ::. ; sa id Final Parcel Map des i res to enter i nto th i s agr-cenlcnt 5,ccuririq the constt-ilct ion of said iniprovenic~.rtr,, and C,iLy tias detci-ni it to be in the public interest to ayt-ec to teii-rporarily postpone sa corist I-uct ion; NOW, 'I'HEREFORE, IT IS AGREED'. between the parties hrjreto a follows: Section 1. That City agrees to record any irrevocable of --- of dedication rn;:cle by Property Owner- for Number M.S. 23'7, Parcel 1. a Final Parcel Map, Section.2. That Prop'erty Owner, in lieu of making the ht after described improvements before approval of said Final Parcel is granted, agrees to install and construct, or cause to be install or constructed, sa id improvements in accordance wi th plans and spec cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shal 1 not be reqtii red to n said. improvements before February 1r 1973 or within such further pc of tinic as -i; 'granted by City, provic'etl, however, that upon the ha[ of eitli?i- of the fol 1owincJ occurrcnccs said improvements may, at tl election of City, be required to be made sooner than said date or 5 extended period of time which may have beer; granted. by City: . (a) When the City Council firids that tile owners of 40X, ( of the fi-ontzge, including the frontage 0.F Property Owner, be'iween secting streets on both sides of the. street upon which the property described Iias frontage, have agreed with City to install street iniF ments to City speci tications. (b) When owners of more thsn 50X of the frontage, betwee inter-sect:;ng streets on both sides of the street upon which the prc herein described has frontage, have petitioned the City to form an irnprovenicnt district for the improvement of said streets. Said improveenients -hall be made without' cost or expense t City. City estimates tliat the cost of cngineering'bnd constructior said irn~~~-overitenl:~ at the time of signing this contract is $18,626. Property Owllei- Iiereby acknowledges. that said cost is a reasonable --.A I t': I.. ..-i *<-a9 - 'e 22x and covenants herein coritained, Property Odnei- lict-oby grants to Ci t 1 ien upon the liereinafter desci-ihed property in the ainount of $18,6 plus any f1ikur.e iticreases of cost it1 excess of this surn'resulting f iiicrmsed enqinccriiig and construct ion costs, and in thc eveot Prol: Oimer, his suc:ccsso~"s, heirs, assigns,. 01- ti-ansfci-ees fai 1 to inst; and corlstruct: said improvements in the.mannet- and within the time 5 fied hereit-1, he agrees that City may do any or a1 1 of the Fol lowin! (a) tlave the necessary engineer.ing. for said .improvement: done, and instal 1 and construct said improvements by contract or 01 wise. City 01- its contractor and his einployees may enter upon any portion or portions of the property reasonably necessary for said ct?ginc:ctring arid cotistruction, and the entire cost and exlwnse shal charged against s-aid property and payable by said Property Owner, I successors, tieivs, assigns, or transferees immediately upon comple, OT said iniprover,ierits. 1.n the event same is not paid within 30 day! ccmpletion,. City hay-forcclose said 1 ien as provided by law for tlic foreclosure of n-.:ortcjacjcs. .. (b) Direct the City Engineer to estimate the cost of IE engineei-irtg, arid tlhe v;or!< required to install and construct said ir rnents, and foreclose said lien in said aiimunt. (c) Pursue any remedy, legal or equitable (irtcluding th specifically referred to herein), for the foreclosure of a lien, a Property Owr.er, his successors, heirs, assigns, and transfcrees, s bc liable for rc;:,soriab1e attoi'-ney's fees as a cost in said pi-oceec~ Scction 4. That it is agreed that anything herein cgtita the contrary notwithstanding, the promises and covenants made here not: be binding ~ipoii the Iiolcfei-s, niortSacJees, or beneficiaries OF a ptit-chase. motley mol-tgacJe or purchase money deed of trust for value w lib5 hceii 01- rnsy i ti tlic futui-c be executed by the Pi-ope,vI:y Owner, h succcsso~-s, Iiei rs, assigns, or transferees, and thc 1 icn hereby CI- shall be and is hereby subordinated to .and declared to be inferior subsecluent in 1 icn to tile 1 ien of any sucli 'put-c~iasc riioricy mortgage Y I.; - o*pp- r~hhr J '0 .. t I-ustces' sale of any such pui-cliaE-2 inoi-ley mortgage or purchase mort( deed of trust. ., - Section --- --- 5. That at any tine cipring the period herein pr the Property Oi.?ncr, his successors, heirs, Zssigns, or transferees depssi t a cash bond or post a surety performance bond satisfactory the City to charge said surety with the cost of said improvements; amount of bond to be the estimated cost of engineering and improvei at th~ time of such deposit or posting as zscertained by the City and that upon drposit of said cash or posting of said.bond the Cit agrees to release the prcperty, or any portion of it as to which s deposit or pssting applies, fro3 the provisions of this agreemnt, to execute any necessary release to.enable the record title of the pert)' to be relea,sed from the lien herein imposed. ---__-- Section 6. Said City shall not, nor shall sny officer o ernplcy2:e .thereof, be 1 iablc- or I-ercpoiis ible for any accident, loss da:rage I;appening or occur'ring to the work or improve.xnts speci fie this acjrament prior to the conipletion and acceptance of the same, shali said City, rlor any officer or employee thereof, be liable fo any r:ei-s;onc or ~>i-opzt-ty injured 0%; reason of said work or improvcrri but 211 of saiti liabilities shall b.e assumed by,,said Property Owne his suc~cessors, heirs, assigns, and transferees, and they shall sa City i:3rrnless fl-oiil, and indemnify the City against, any and all cl suit5 2nd 1 iabi lities of Oi- to any person 01- property injured or c ing to he injured as a result of said vork or inipr-ovcments. Said pert).' 3.;Jnci-, ziid his succ.~ssoi-~, hei I-s, assi'gns, and transferees, aijre8:s to protect said City and th5 officers and employees thereof all 1 iabi 1 it;. 01- claim ~ZC~IJS~ of, 01- arising out of, thc use of a p~terll: or pstciitcd article in the construction of said itiipt-ovcrnent __ Section - -. -. -. - - 7. - It is further agreed that said Pi-opcrty o;,Iiie - u . . at 51 1 tii1:f-s tip to the completion atid acceptance of said work and p~~ov~~~~ii~:tits by the City, give good and adec;t;ate warning to II,ic trav pub1 ic OF any CI;~IICJC~-GI.:S 01- defective condi t'ions of 'pcbl ic I)i.opcrty 0 ., 8>-0 to &w-8 ilsc~iyris, arid t r.aiisfet-ccs of Pt-opci-.ty Owner-, .,ha11 I~in witli said rea -property, and ci-cate art equitable set-vitutlc upon said rea1 property A desci-iption of. the property refei-rcd to her -- Scct.ioii -. --- 9. and cipoii which said lieti is imposed is described as follows: M.S. 287, Parcel 1 A parcel of land being a portion of the West half of Fract Section 21; Township 12 South, Range 4'West, San Bernardino Meridia the County of San Diego, State of California, according to'official thereof, described as follows: .Commencing at the South Quarter corner of said Section 21, . shown on La Costa Downs Map Noi 2013 on file in the office of the C Recorder of said County; thence North 89O40'20" West along the Sout of said Section 21 a distance of 1243.54 feet to a point distant th South 89°40'20", East 119.00 feet, from the Southeast corner of said Downs Unit No. 1, being'the TRUE POINT OF BEGINNING; thence North 0 West parallel with the East line of La Costa Downs, 150.00 feet; th South S9°40'20" East 75.00 feet; thence North OoO0'4O" West 140,.40 thence South 89o4O12Oi1 East 150-00 feet: thence South OoO0140" East feet to said South line; thence North 89040'20" West 225,OO feet tc TRUE POINT OF BEGINNING. xx - xx xx xx xx xx xx xx xx ..< xx xx le person -Swilose nums are Vubscribed . known to io the me , wl'hirl instrumem wid acknowledged that they executed the ume. + -4 - - --_ In FOR NOTARY SEAL OR STAMP * ..:q n -. :WAX DOrMLD W. LYNCI~ - ce &1** ''?A 2 i/ :$J,y:<:'-k NoTARv PdCLIc ~ ClLlFORNfA PRINCIPAL OFFICE IN