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HomeMy WebLinkAboutCE 100; Hayes, Thomas and Thelma; 1994-0347279; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERX CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92009 NOTICE FOR FUTURE PUBLIC IMPROVEMENTS NOTICE IS HEREBY GIVEN that on May 5, 1994, the Contract between the City of Carlsbad and Thomas H. and Thelma I. Hayes required by an application for a Certificate of Compliance, and recorded on May 27, 1975 as Document No. 75-128301 has been completed to the satisfaction of the City Engineer and is no longer binding. APPROVED AS TO FORM: RONALD R. BALL City Attorney ATTEST: By: #! ALETHA L. RAUTENKRANZ City Clerk . [KAREN J. HIR@A Deputy City Aktorney P:\DOCS\MISFORMS\FRMOOO39 l * L 271 CALIFORNIA ALL-PURPOSt ACKNOWLEDGMENT No. 5907 L . State of PI&6 rtia County of On J before me, bm4 w\.%pb w NAMMITLE OF OFFICER - E. ., “JANE personally appeared e NAME(S) Ok SIGNER(S) Di personally known to me - OR - q ] to be the personw whose name@$@&$ subscribed to the within instrument and ac- knowledged to me that 6iS@Y 8 executed the same in /6$ e /mr authorized capacity(x), and that by ~r@Jt’Qj+ signature% on the instrument the personw, or the entity upon behalf of which the personFafi acted, executed the instrument. --1 z ??i!ZfE i VI fuotarYPubuc-cti~ z SAN DEGO c0urq-w f WtTNFSS mv hand and official seal. . . . . . .--- . . ‘J . I \ 0 y/t. w SIGNATURE OF NOTARY [ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL q CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [rl PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES [7 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 W. .?ITE IT - DON’T SAY . ., ‘! TO Date a- /7 19 954 0 Reply Wanted From . / tJz&L& ONo Reply Necessary FM 7 s- 5 --- l RlNTCP IH UIC. CITY OF CARLSBAD RONALD R. BALL CITY ATTORNEY KAREN J. HIRATA DEPUTY CITY ATTORNEY 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-l 989 (619) 434-2891 FAX: (619) 434-8367 April 28, 1994 Dr. Thomas H. and Mrs. Thelma I. Hayes 580 Laguna Drive P. 0. Box 1366 Carlsbad, California 92018 RE: YOUR FUTURE IMPROVEMENT AGREEMENT Dear Dr. and Mrs. Hayes: Thank you for your letter of April 12, 1994 regarding your Future Improvement Agreement. The terms and conditions of that agreement which you executed on May 19, 1975 require you to install the improvements described therein within 60 days after notification to do so or to reimburse the City for the costs of doing this if you fail to do so. This Agreement was required in order to obtain a certificate of compliance allowing you to improve your lot. Having received the benefit of that agreement for almost 20 years,'in my opinion, an argument that the burdens are not now due is not well- taken. According to my file, this was explained to you in the Engineering Department's letter to you of July 14, 1993. As you know, the improvements were completed by the City and they were accepted by the City Council on March 8, 1994. This was explained to you in the Engineering Department's letter of April 4, 1994. You are obligated to pay the City $8,911. You mentioned in your letters of August 18, 1993 and April 12, 1994 you were told you could appeal this decision. Although I have not been able to verify this representation, since you may have relied on it, you may pursue an appeal under Carlsbad Municipal Code section 1.20.600 (copy enclosed). Please pay the disputed amount directly to the Engineering Department and submit your appeal, if you wish to pursue one, to the City Clerk within ten calendar days along with the appropriate appeal fees. Should you have any questions regarding the above, please do not hesitate to contact me. V truly yours, L .Q* L c: City Manager City Clerk City Engineer RONALD R. BALL City Attorney 4 . 1.20560 properly executed, shall become the original docu- appeal shall be established by resolution of the city ment, to be effective and to be retained in the files council. The decision of the city council shall be of the city clerk. (Ord. 1213 5 2 (part), 1979) final. (Ord. NS-176 3 1, 1991) 130570 Rdert’s Rules ofOrder. If a matter arises at a council meeting which is not covered by this chapter or applicable provisions of federal or state law or the C-a&bad Municipal Code, the procedures of the council shall be gov- erned by the latest revised edition of Robert’s Rules of Order. (Ord. 1213 9 2 (part), 1979) 1.20580 conncil policy mauuaL The city manager shall maintain a council policy manual to contain such written policies as the coun- cil may adopt. The purpose of council policies are to indicate how the council intends to rule in the future on particular matters of a recurring nature which are subject to their discretion. Policies shall be numbered and &ted and shall remain in effect until rescinded. (Ord. 1213 8 2 (part), 1979) 130590 Failuretoobserveprocedures- Waiver. (a) The provisions of this chapter are adopted to expedite the transaction of the business of the coun- cil in an orderly fashion and are deemed to be pro- cedural only. The failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law. (b) A failure on the part of any person to register a timely objection to the procedures of this chapter at the public hearing or other proceedings shall constitute a waiver of all such objections. (Ord. 1241 0 1, 1981: Ord. 1213 9 2 (part), 1979) 130.600 Appeals procedure. Where no specific appeals procedure exists for any decision of a commission, committee or person which substantially affects the rights, duties or privi- leges of an aggrieved person, such decision may be appealed to the city council by filing a written no- tice of appeal with the city clerk within ten calendar days of the date of the decision. Fees for filing an 27 (ChrIsbad I I-91) June 23, 1993 Thelma H. Hayes Thomas H. Hayes, M.D. P.O. Box 1366 Carlsbad, CA 92018 NOTICE OF FUTURFa IMPROVEMENT AGREFWENT - OBLIGATION FULFILLMENT Dear Dr. and Mrs. Hayes: Thank you for taking the time to meet with me yesterday morning. This letter will summarize our conversation and outline the procedure that will be followed to complete the improvements to your frontage along Laguna Drive. Our common goal is to accomplish the construction of the improvements to Laguna Drive. The project has bid and a construction contract will be awarded in mid-July. As mentioned in my letter of April 15, 1993, the City of Carlsbad entered into a Future Improvement Agreement (FIA) with you to install the necessary improvements in front of your property. You have the option of installing the street improvements yourselves, or you may request that the City install the improvements and bill you for the costs. Your letter of April 26,1993 questions the fairness of your FIA obligation compared to that your neighbors. As I mentioned to you in our meeting, each property stands on its own. Your FLA is a valid document. The obligations imposed on properties throughout the City are applied equitably. The City holds hundreds of FIA’s at the present time. Some of these obligations are currently being fulfilled in projects such as the Tamarack Avenue improvements and the citywide sidewalk program. Since our common goal is to proceed with the construction of the sidewalk along Laguna Drive, and because of the scheduling of the downtown Streetscape Project, I suggested to you that work on Laguna Drive should proceed expeditiously. Whether you choose to have the work done by your contractor or by the City, after completion of the work and the exact amount of your obligation is known, you do retain the option of appealing the FIA obligation to the City Council. The FIA obligation can only be waived by City Council action. 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 436-11610 FAX (619) 438-0894 63 June 23, 1993 NOTIm OF FUTURE IMPROVEMENT AGRFEMENT - OBLIGATION mJLmLLMENT Page 2 Per my letter of May 14, 1993, the time deadlines mentioned in my April 15, 1993 Obligation Fulfillment letter will be extended as follows: April 23, 1993: Obligation Fulfillment letter hand-delivered to you. April 27,1993: Engineering Department received your April 26, 1993 let& June 22, 1993: Obligation FuU?l.lment notice reinstated. July 19, 1993: 30-day deadline to request that the City install the improvements. Thanks again for your patience in this matter. If you have any questions, please contact me at 438-1161, extension 4501. Sincerely, FRANK-0 Associate Engineer FJ:jb c: City Engineer ” Traffic Engineer Principal Civil Engineer, Waker Brown c i!y A4+zwty May 14, 1993 Thelma H. Hayes Thomas H. Hayes, M.D. P.O. Box 1366 Carlsbad, CA 92018 NOTICE OF FUTURE IMPROVEMENT AGREEMENT - OBLIGATION FULFILLMENT Dear Dr. and Mrs. Hayes: The City Engineer received your letter of April 26, 1993 and referred it to me for investigation. I have been researching the information available in our files and will be presenting it to the City Engineer early next week. A response to your letter will then be prepared and mailed to you. The time deadlines mentioned in our April 15, 1993 Obligation Fulfillment letter will be extended according to the time it takes us to complete our investigation. Thank you for your patience in this matter. If you have any questions please contact me at 438-i 161, extension 4501. Sincerely, FRANK JIMENO Associate Engineer c: City Engineer Traffic Engineer Principal Civil Engineer, Walter Brown 2075 Las Palmas Dr. l Carlsbad, CA 92009-l 576 - (619) 438-11610 FAX (619) 438-0894 63 NOTICE OF FUTURE IMPROVEMENT AGREEMENT OBLIGATION FULFILLMENT April 15, 1993 Thomas H. Hayes Thelma I. Hayes 570 Laguna Drive Carlsbad, CA 92008 APN NO. 155-221-l 2 LAGUNA DRIVE STREET IMPROVEMENTS Dear Dr. 81 Mrs. Hay&: The City of Carlsbad has been diligently working on finalizing the construction plans for the improvement of Laguna Drive between State Street and Jefferson Street. The improvements fronting your property include: . Construction of curb, gutter and sidewalk; . Full street. improvements on your half of the street; . Construction of two driveways; . Removal of the existing and installation of a new chain link fence; . Reconstruction of a concrete walk for access to the office; and . Replacement of uprooted trees. The plans and specifications have been completed and the project will go out to bid shortly. If you have any questions, please contact Frank Jimeno at (619) 438-l 161, extension 4501. The City of Carlsbad entered into a Future Improvement Agreement with you to install the necessary improvements in front of your property (see attached copy). You have two options to fulfil1 your future improvements obligation: OPTION I: As a condition of your Future lmprovemer t Agreement, you are required to complete the installation of all the necessary improvements in front of your property, in accordance with the City’s plans and specifications, within sixty (60) days from the date of this notice. 2075 Las Palmas Drive - Carlsbad, California 92009-l 576 l (619) 438-l 161 April 15, 1993 LAGUNA DRIVE STREET IMPROVEMENTS Page 2 OPTION II: Within thirty (30) days of this notice, you may request in writing that the City install the improvements and bill you for the costs. lf you elect to go with Option II, the estimated cost of the improvements is $17,400 (see attached breakdown). The estimated cost of the improvements at the time the agreement was prepared was $8,458.41 (see Section 10). Section 3 of the agreement provides for adjustments to cover increased engineering and construction’costs. Since May 1975, when the Future Improvement Agreement was executed, the average cost of construction has increased 234.3%. This increase is based on the Engineering News-Record Construction Cost Index, which is a standard data source for construction costs in the engineering and construction industries. The present estimated cost of the improvements is approximately 14% below the original estimate adjusted by the Construction Cost Index. The actual cost will be known after a contract is awarded and construction is completed. The actual cost will be due and payable within thirty (30) days after completion of the improvements, sometime in the Fall of 1993. Your prompt attention to th$ matter is greatly appreciated. LLOYD Eil’ HUBBS City Engi’;leer LBH:FJ:jb Attachments: Preliminary Cost Estimate Future Improvement Agreement CX Traffic Engineer Principal Civil Engineer, Walter Brown Associate Engineer, Frank Jimeno PRELIMINARY COST ESTIMATE DATE: MARCH IO,1993 PROJECT NO: 3001, LAGUNA DRIVE IMPROVEMENTS DRAWING NO: 2734 LOCATION: 570 LAGUNA DRIVE, APN: 155-221-l 2 1. Clearing & Grubbing 1 Ls 1 ,ooo.oo 1 ,ooo.oo 2. Unclassified Excavation 37 CY 15.00 555.00 3. Class II Aggregate Base 4. 6’ Type ‘G’ Curb & Gutter 5. 4’ PCC Sidewalk & PCC Walk 39 TONS 26.00 975.00 120 LF 6.50 1,020.00 SF 3.00 19I5.00 6. Two PCC Driveways 330 SF 3.50 1,155.oo 7. A.C. Pavement 60 TONS 40.00 2,OOo.oo 6. Remove & Install New C.L Fence 9. 24’ Box Trees SUBTOTAL SF 3.75 2,oOO.oo 11 EA 250.00 2,750.OO 13.400.00 Construction Contingencies (15%) z000.00 Design, Administration, Inspection (15%) 2,OOo.oo ., ;:.:j:;;;ii:.i;~~~~.‘:i.i~~:~:‘:i’:~~~~i:ij;:,~~~~~~li-:il:i::i;i g;j$:ii’ii.; i-;;y$li.‘; ~~‘Iiii%f”;:i.: \.i::;;;; Aj--:“::; I.; vj;;,;:,:-::.;:;:’ ;:: I’i;:“i jp: i:; ; ;:‘i;.:::ly y ;1;; :,z: &&&o& 9. .: