HomeMy WebLinkAboutGoddard Family Trust; 1995-01-12;__
January 12, 1995
David E. Williams
Attorney at Law
205 West Fifth Avenue, Suite 102
Escondido, CA 92025
RE: Agreement to Acquire Right-of-way at 3997 Park Drive
The Carlsbad City Council, at its meeting of January 10, 1995,
adopted Resolution No. 95-5 authorizing an agreement with Goddard
Family Trust to acquire right-of-way for curb, gutter, pavement,
and sidewalk public improvements.
Enclosed please find a fully executed copy of the agreement and a
copy of Resolution No. 95-5 for your files. &a CMC Assistant City Clerk
KRK: ijp
Enclosures
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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January 12, 1995
Mamie A. Goddard
3997 Park Drive
Carlsbad, CA 92008
RE: Agreement to Acquire Right-of-way at 3997 Park Drive
The Carlsbad City Council, at its meeting of January 10, 1995, adopted Resolution No. 95-5 authorizing an agreement with Goddard
Family Trust to acquire right-of-way for curb, gutter, pavement,
and sidewalk public improvements.
Enclosed please find a fully executed copy of the agreement and a
copy of Resolution No. 95-5 for your files.
&* Assistan . Ci N Z, Clerk CMC
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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AGREEMENT TO ACQUIRE
3997 PARK DRIVE
RIGHT-OF-WAY FROM GODDARD FAMILY TRUST
APN: 207-1 20-48
THIS AGREEMENT is made and entered into by and between the CITY OF CARLSBAD,
a municipal corporation of the State of California, hereinafter referred to as "City", and the
Goddard Family Trust by MAMIE APTE GODDARD, Trustee, or her named successor trustee,
under trust dated September 1 , 1992, hereinafter referred to as "Goddard".
RECITALS
WHEREAS, property owned by the Goddard Family Trust is located in the City of
Carlsbad at the northwest corner of Park Drive and Tamarack Avenue at the street address,
3997 Park Drive; and
WHEREAS, Goddard is empowered by the September 1, 1992 trust to transfer said
property; and
WHEREAS, City has determined that it is necessary to construct public improvements
along various City Streets in order to enhance public safety; and
WHEREAS, City wishes to build, at its expense, curb, gutter, pavement, and sidewalk
public improvements along said Goddard property frontage, in return for the Goddard dedication
of the easement for public street and public utility purposes, attached herein as Grant Deed of
Easement, said easement consisting of the grant deed, legal description (Exhibit A to grant deed)
and plat to illustrate easement (Exhibit B to grant deed), and other consideration.
WHEREAS, City proposes to construct said public improvements in accordance with
plans, City Drawing No. 336-1, Sheet 2 and Sheet 5 of 20 Sheets, and the Standard
Specifications for Public Works Construction (Green Book) , as modified and supplemented by
the contract specification for City Project No. 3391-2 as awarded June 28, 1994 by the City
Council and incorporated herein by reference; and
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WHEREAS, Goddard has negotiated with City through its attorney, David E. Williams, and
agreed to provide said easement for public street and public utility purposes, Grant Deed
attached to this agreement, for 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 contained
herein, City and Goddard agree as follows:
1. Goddard shall execute the Grant Deed of Easement for the proposed partial taking of land, as described in Exhibit 1 attached, and deliver same to the City Engineer within five (5) working days of execution of this agreement.
Goddard shall execute the City’s Right of Entry form included herein which provides permission to enter Goddard property for the purposes of facilitating the construction of sidewalk and/or other street improvements along the frontage of the Goddard property. The construction may include clearing and grubbing, grading, preservation of existing drainage patterns, building support slopes and/or retaining walls, driveway modifications, and other miscellaneous remedial work. The Right of Entry form is included by reference herein. The extent of intrusion will be such as required to construct the improvements agreed herein.
Goddard hereby grants City permission to enter upon Goddard’s property in order
to accomplish all private improvements required by Paragraph 5b below.
City will delay construction until July 1, 1996.
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 the date
that the Grant Deed of Easement is recorded with the Recorder of San Diego County.
Construct said public improvements in accordance with plans, City Drawing No. 336-1, Sheet 2 and Sheet 5 of 20 Sheets, and the Standard
Specifications for Public Works Construction (Green Book), as modified and supplemented by the contract specification for City Project No. 339-2
as awarded June 28, 1994 by the City Council and incorporated herein by reference; and
Restore Goddard property concurrently with City construction by:
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b.
c.
Relocating and replacing existing fencing with new fencing along
Park Drive and Tamarack Avenue in accordance with the plans and specifications hereinbefore defined.
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a Replacing shrubs and trees as follows:
Mix of Shrubs
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Mix of Trees
Type: Eucalyptus Lehmanni Type: Tecomaris Capensis 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
a Planting ground cover, Delosperma Alba, a white trailing iceplant, in public right-of-way behind sidewalk on both Tamarack Avenue and Park Drive, which will provide coverage of same.
Extending Goddard's existing irrigation system to accommodate all new plantings which are included in the scope of work.
Grading the site in accordance with the plans and specifications hereinbefore defined. Fill material used will be appropriate to the task and compatible with the surrounding area.
Providing drainage to be consistent with existing drainage patterns and to provide positive flow to the public drainage system.
Repairing Goddard's driveway in accordance with plans and specifications, hereinbefore defined.
a Removing and disposing of the wooden bridge located near the fence gate on Tamarack Avenue.
Providing a four foot concrete walk (k300 ft.? and landing area
(k50 ft.2) extending from the front door steps to an access gate on Tamarack Avenue, avoiding exposed tree roots where warranted and practical.
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GODDARD FAMILY TRUST, by MAMIE APTE GODDARD, trustee, or her named successor trustee, under trust dated September 1, 1992 for the benefit of the Goddard Family
; January 11, 1995 y$ha/$q/L ( .L!!/J$, &&-uZ&-9CC'LL
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APPROVED AS TO FORM: Date
*LE. L City Attorney %: /-//-9s"
David E. Williams, ATTORNEY FOR MAMIE APTE GODDARD, trustee, or her named successor trustee, under trust dated September 1, 1992 for the benefit of the Goddard Family.
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