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HomeMy WebLinkAboutITEM 3 STORM DRN IMP'S 10-29-84-- '"'...~ ~ ADJOURNED REGULAR MEETING 'A F~ r ~ ~ ~ A ~xT~.Y~ ~TEM NO. 3 _ ..... _ OCTOBER 25, 1984 SUSJ (CT: 'WILLIAM HUSTON, CITY MANAGER DALE A. WICK, ASSISTANT CITY ENGINEER ACCEPTANCE OF RIGHT-OF-WAY ACQUISITION AGREEMENT FOR "B" STREET HCDA STREET AND STORM DRAIN IMPROVEMENTS RECOMMENDATION: It is recommended that the City COuncil, at their meeting of October 29, 1984, by minute order accept the attached Right-of-Way Acquisition Agreement and authorize the Mayor to sign and the City Clerk to attest to said Agreement. BACKGROUND: The acquisition of this one right-of-way parcel is required in connection with the "B" Street HCDA Street Improvement Project and permits're-aligning "B" Street to nearly a 90° intersection with McFadden Street. The property owner has dedicated the right-of-way required at no cost.' This Agreement will compensate the property owner for a garage and some concrete block storage bins which lie within the dedicated area. If the property owner elects to reconstruct the garage and storage bins within six months, then the City must pay the cost of reconstruction. If this is not done, then there will be no costs involved. The Agreement also provides for other miscellaneous items of work which will be accomplished as part of the construction contract for the project. The City Attorney has reviewed and approved this Agreement. Dale A. Wick Assistant City Engineer DAW:jr cc: City Clerk Project: "B" Street widening (HCDA Project) Parcel No.: A.P. No. 403~331-17 COPY Owner: R~bert R. Elzig, Trustee AGREEMENT NT made and entered into on thisay of THIS ~GREEME ~aA ~ nd between the City of Tustln, a municipal ~_ , ~w, b~ a . ' corporation, hereinafter referred to as "CITY, and the owners of real property interest to be donated, hereinafter referred to as ."GRANTOR." WITNESSETH: WHEREAS, CITY proposes to construct a public street and accomplish all necessary incidents thereto along a portion of GRANTOR'S property as described in a deed and as shown on a map both marked Exhibit "A" and by reference made a part hereto; and WHEREAS, GRANTOR intends to donate to CITY a perpetual easement and right of way for street and public utility purpose containing 0.053 acres, more or less, and provide work area as shown on a map marked Exhibit "B" and by reference made a part hereto. NOW, THEREFORE, the parties mutually convenant and agree as followS: 1. CITY shall: A. Pay for and provide, at its sole expense, all permits of authorization, required or desirable, of any kind whatsoever, and pay all recording, filing, trust deed clearance fees incurred in this transaction, and obtain and pay premium charges for title insurance if desired by CITY. B. CITY shall and does hereby hold GRANTOR harmless and shall indemnify and defend GRANTOR from and against any and all claims, liens, demands, damages, actions, or cause of actions, or liability therefor, including attorney fees, whether or not well founded, arising out of the grant of title or right to enter area as shown on said Exhibits and "B," the construction, reconstruction, maintenance, or repair of the improvements pursuant to this agreement. C. Construct full street improvements, including but not limited to, street pavement, concrete sidewalk, curb and ic utilities within the limits and qutter, and publ ...... ~.~ file in the office of ~ccording to City or TUSUln ~ .... on by reference the City Engineer, City of Tustin, and incorporated herein. -1- De Remove, relocate and reconstruct existing concrete block wall and gate and decorative iron fencing located on top of the. block wall to a location adjacent to the new right of way line. The CITY', or its agent, is hereby granted the right to enter upon the remaining property of the'' GRANTOR for the purpose of removing and reinstalling said existing improvements. Construct a sanitary sewer lateral and connect said lateral to the main sewer line located within McFadden Street at no cost to GRANTOR. The location of the sewer -lateral shall be furnished to the CITY by GRANTOR within 10 days from the date of execution of this Agreement in the form prescribed in the Notice section of this Agreement. CITY agrees to construct and remove temporary fencing along the westerly limits of the construction area from the Northerly property line to either the Southern property line or existing fencing. Said temporary fence, shall be sufficient to afford se'curity to the remaining property. Remove the concrete and block wall materials storage bin located along the Westerly property line. CITY agrees to provide funding for the reconstruction of an existing residential garage located partly within and partly without the right of way area to a new location on GRANTOR's remaining property. The new location shall be given the CITY within 10 days from the date of execution of this agreement in the form prescribed in the Notice section of this agreement. It is further understood that the reconstruction of the existing residential garage shall include all work necessary to construct a 22 foot x 30 foot garage, concrete driveway, and widening of the existing concrete drive approach located on McFadden Street. GRANTOR shall provide CITY with three detailed cost estimates from three independent contractors to provide the work herein outlined. The City shall select the most responsible bidder to perform the work based on the bid received. It is further understood and agreed that all utility service connections to the residential garage to be relocated shall, without cost to the GRARTOR, be extended to said building in the new. location. At GRANTOR'S option, CITY may make a one lump sum payment to GRANTOR upon execution of a contract to perform the reconstruction work or CITY may make progress payments to the successful bidder based on work completed. GRANTOR shall notify CITY within 10 days after receipt of the three bids as to how payment will be made. -2- It is further understood and agreed that the work to be provided by this paragraph shall be completed within six (6) m6nths from the date of execution of this agreement by both parties. If the work has not commenced within the time period provided, the City shall be relieved of any and all obligations .to restore the exfsting residential garage or related work.- It is agreed and understood that if GRANTOR requires the use of a storage shed to store items contained in the residential garage located at the Northeasterly corner of "B" Street and McFadden Street, CITY shall reimburse GRANTOR for' the rental and transportation'cost thereof. The maximum storage shed size shall be 10 feet x_ 26 feet. The City further agrees to commence rental reimburseents beginning December 1, 1984 and continuing until the reconstruction work outlined in Paragraph 1-H hereinabove is completed or until May 31, 1985, whichever first occurs. CITY agrees to provide funding for the reconstruction of an existing concrete and block wall (heightr4 feet) materials storage bin. The new materials s~orage bin shall be located upon GRANTOR's remaining property and shall be-reconstructed to the same general size and shape as said storage bin existed prior to the widening of Street. GRANTOR shall provide cost estimates and CITY shall provide funding and payment as provided for in paragraph 1-H of this agreement. GRANTOR shall also complete the reconstruction of said materials storage bin Within six (6) months from the date this agreement is executed by both parties to this agreement. GRANTOR shall: A. Donate to the City of Tustin an easement for street and public utility purposes to the land described in Exhibit "A" attached hereto, free and clear of all recorded and unrecorded liens, encumbrances, easements, leases, covenants, conditions, restrictions, taxes, and assessments, EXCEPT: 1) Public and quasi-public utilities, alley and street easements, and rights of way recorded. -3- Be 2) Any installmeht of general and special county and city taxes, if any, that is not entirely earned at the t~me title is transferred to or physical possession is taken by the CITY, whichever first occurs, and all taxes subsequent thereto. ~owever, GRANTOR shall remain liable for payment of any earned taxes, pursuant to the provisions of Section 4986, california Revenue and Taxation C°de, as amended, and GRANTOR agrees to -pay any 'earned delinquent 'taxes, together with penalties and interest thereon. The undersigned GRANTOR hereby grants permission to the City of Tustin, its officers, employees, agents invitees, and employed contractors (for the purpose of this clause, hereinafter collectively referred to as CITY) to enter upon, to pass and repass over- and along that portion of its land, as shown on Exhibit "B" for the purpose of providing access and working area for the construction of a public street, and other appurtenances related to said work, together with the right to regrade said property to drain, to enter upon, to pass and repass over and along said land and to deposit tools, implements, and other materials thereon by said CITY and by persons under contract with it and their employees, whenever and wherever necessary for the purposes set forth. The permissive rights herein granted shall commence upon execution of this agreement by both parties and shall terminate upon filing of a Notice of Completion of said work. It is understood and agreed that in exercising the permissive rights herein grantd that CITY shall restore that portion of GRANTOR's property not used for improvement to its original topographic condition as said condition existed prior to the CITY commencing any work within the land described herein. C. GRANTOR agrees that if they should sell or transfer title to their property prior to the effective date of donating fee title to CITY, GRANTOR shall donate the land described in said Exhibit "A" to CITY prior to close of any escrow or conveyance conveying GRANTOR's property to a new owner. D. GRANTOR understands and agrees that, upon completion of the work described in Clauses 1D and 1E of this contract, said block wall and sewer lateral located upon the GRANTOR'S land shall be considered as the sole property of the GRANTOR, the maintenance, and repair of said property to be that of the GRANTOR. -4- 3. AsSIGNMENTS~ -This Agreement shall be binding upon and shall inure to t~e benefit of CITY and GRANTOR and their respective heirs, personal representatives, successors, and assigns. seeking enforcement of any of the te and provisions of this Agreement in connection with the subject property, the prevailing party, in such action shall be entitled, in addition to damages, to injunctive relief or other relief to its reasonable costs and expenses not limited to taxable costs and reasonable attorney's fees to be fixed by the court. '5. NOTICES: Any notice which either party may desire to give to the other party or to the escrow holder must be in writing ~nd may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth or such other address as the parties may hereinafter designate by giving notice ~n the manner provided for herein. TO CITY: City of Tustin Director of Public Works Centennial Way at Main Tustin, CA 92680 TO GRANTOR: Mr. Robert Elzig 18831 Oakridge Santa Aha, CA 92705 Any notice given by mail shall be deemed given forty-eight (48) hours after such notice is deposited in the United States Mail in Orange County, California, addressed as provided, with postage fully paid. 6. AUTHORITY TO EXECUTE: Each individual executing this Agreement on behalf of a corporation or partnership represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such corporation or partnership in accordance with its terms. 7. It is mutually agreed that the parties have hereinabove set the whole of their Agreement. -5- IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVED AS TO FORM RECOMMENDED FOR APPROVAL GRANTOR a6bert R. Elzig~r~s~ee CITY OF TUSTIN By: Mayor of the City of Tustin City Engin~e~r~Director oz Public Works ATTEST: By: City Clerk -6- r- city of Tustln C/O City Cler~ 300 Centenntel ~__6k. Tusttn, CA ......... Individual M' D~d ' FOR A V~U~LE ~NSZ~TION, ~pc of ~ h h~ ~ ROBERT R. [LZZG, ~U$~E, or Successor Trus~e o~ ~he Ro~rt R. Elzlg a~ N. Frances Elz~g T~ust dasd ~13-79 CZTY 0F TUSTZg, a ~ntctpal ~ ~ Orange , S~ o~ ~ A ~rpetual easMnt I~ right of way for ~bHc strut a~ ~bl~c uttlJty ~r~ses In, on, under, lc~ss, and thmugh chef ~rCton of Lo~ 3g a~ 40 as s~wn on i "mag of a p4~ of TusCln City' r~orded ~n ~ok 4, ~9es 218 and 219 of ~Jscella~ous ~ecords of Los Angeles County, C~11forn14, rare ~r:lcularl~ ~sc~1bad fn ExhtbJt "A" attached ~reto ~nd by ~efe~e wde a ~rt her~f. ROBERT R. ELZIG, TRUST£E MAIL TAX STATEMENTS A.~ DIRECTED A~OVE 25 -033-03~ EXHIBIT "A" LEGAL DESCRIPTION PUBLIC STREET AND PUBLIC UTILITY EASEMENT That portion of Lots 39 and 40, as shown Qn a "map of a part of Tustin City" recorded in Book 4, pages 218 and 219 of Miscellaneous Records of Los Angeles County, California, described as Parcels 1 and 2 in ~ deed recorded in Book 862, page 186, Official Records of Orange County, California, and excluding those portions described in a deed recorded in Book 4144, page 178, and a deed recorded in Book 10143, pages 833-835, both deeds being Official . Records of Orange County, California, all as more particularly shown on the map attached hereto as Exhibit "B" and described as follows: BEGINNING at the most Northerly corner of Parcel 2 described above, said point being the most Westerly corner of Tract No. 10258, recorded in Book 456, pages 14 and 15 of Miscellaneous Maps of Orange County, California; thence South 50°10'30'' East, along the Southwesterly line of said Tract No. 10258, a distance of 8.00 feet~ thence South 39°50'14'' West, along a line parallel to the centerline of "B" Street, as shown on said Tract No. 10258, a distance of 134.10 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 27.00 feet; thence Southeasterly along said curve through a central angle of 130°21'22'', an arc length of 61.43 feet to the point of tangency with the Northerly right of way line of McFadden Street ~(80.00 feet wide); thence South-89°28'52'' West, along said ~ortherly right of way line, a distance of 68.87 feet to the point of intersection with the Northwesterly line of said Parcel l; thence North 39°50'14'' East along said Northwesterly line and along the Northwesterly line of said Parcel 2, a distance of 199.27 feet to the POINT OF BEGINNING.- 'The above described parcel contains 0.053 acres, more or less. A.P. No. 403-331-17 Project: "B" Street, City of Tustin EXHIBIT A ~ EXHIBIT VlIIII~