HomeMy WebLinkAbout1996-07-09; City Council; 13726; APPROPRIATION OF FUNDS FOR UNDERGROUNDING ON CAMINO DE LAS ONDASc
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0 CITY OF CARLSBAD - AGENDA BILL m
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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
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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.
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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
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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:
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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
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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. .
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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
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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. __.-___.__ ~ _____.____
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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 :
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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
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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
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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.
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(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
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I.; - o*pp- r~hhr J
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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
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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
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to
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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.
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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**
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