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HomeMy WebLinkAboutAGENDA REPORT 1999 0623 CC SPC ITEM 04ATo From: Date: _ + c ITEM H. A. Ct� i �_ • "�.r�.31ZPARK, CALIF�P."'� 1 City Council Meeting 12? 42L'22 CITY OF MOORPARK AGENDA REPORT The Honorable City Council Kenneth C. Gilbert, Director of Public Works June 17, 1999 (Council Meeting 6- 23 -99) cim Subject: Consider Approval of a Right -of -Way Acquisition Agreement Between the City and Carroll and Dora Roe to Allow the Widening of the South Side of Poindexter Avenue West of Sierra Avenue OVERVIEW This requests approval of an Agreement setting forth terms and conditions for the conveyance to the City of additional street right -of -way on the south side of Poindexter Avenue west of Sierra Avenue, to allow for the widening of the street to accommodate the construction of needed street improvements in this area. DISCUSSION A. Construction Project 1. Description: The acquisition of the subject street right - of -way and the widening of the south side of Poindexter Avenue at the subject location, is part of a much larger project to construct curb, gutter and sidewalks on the north side of the street from Sierra Avenue to Gabbert Road. A brief description of the various elements of the Poindexter improvement project is as follows: a) the subject street acquisition and street widening on the south side of Poindexter Avenue; b) construction of additional pavement width on the north side of Poindexter Avenue to accommodate painted Bike Lanes on both sides of the street; c) construction of a sidewalk on the north side of Poindexter Avenue from Sierra Avenue westerly to Gabbert Road; d) the relocation of certain telephone poles on the north side of the street to locations compatible with the location of the new curb and sidewalk; Pndx row_agre_roe 000001 Poindexter Improvement Project Right -of -Way Acquisition Agreement June 17, 1999 Page 2 e) the re- striping of Poindexter Avenue and Gabbert Road to provide painted Bike Lanes on both sides of these two streets; f) the re- striping of Poindexter Avenue to provide a center median and /or left turn lane; g) reconstruction of certain driveway aprons to render them handicap accessible; and, h) the construction of drainage improvements at the intersection of Gabbert Road and Poindexter Avenue. 2. Design: The City retained M3 Civil Engineering to prepare the plans and specifications for this project. That design effort is 99% complete. 3. Cost Estimate: The estimated cost of the project is as follows: • Construction . . $380,000 • Construction Contingency . . $ 38,000 $418,000 • Design . . $ 27,000 • Contract Admin / Inspection . . $ 50,000 $495,000 4. Funding: The City has received a State Bicycle / Pedestrian Facilities (SB -821) grant in the amount of $175,000 for this project. The remainder of the project funding is to come from the Local Transportation Fund (Fund 23). 5. Construction: It is anticipated that the deeds for the street right -of -way and temporary construction easement will be presented to the City Council in July for acceptance and recordation. At that time it is the intent of staff to request authorization to advertise for receipt of bids. It is anticipated, therefore, that the project will be constructed this fall. B. Acquisition Agreement A copy of the Street Right -of -Way Acquisition Agreement is attached as Exhibit A. The more substantive terms of that Agreement are listed as follows: 1. City Shall: • Construct street widening improvements, including pavement, curb, gutter and sidewalk; • Construct three driveway aprons (one of these will be a new driveway to serve the westerly portion of the property); Pndx_row_agre_roe 000002 Poindexter Improvement Project Right -of -Way Acquisition Agreement June 17, 1999 Page 3 • Construct driveway transitions, as required, to adjust the elevation of the existing driveways to the new driveway aprons; and • Construct a new six feet (61) high slumpstone block wall along the Poindexter Avenue frontage of the property. 2. Grantor Shall: • convey to the City a grant deed for the street right -of- way; and • convey to the City an easement deed for a Temporary Construction Easement. 3. Future Possible Subdivision: It may be the intent of the Grantor to subdivide the property into two lots at some point in the future. It is mutually understood by the Grantor and the City that the review and approval of that possible future request will be reviewed on its own merits and that the conveyance of the subject street right -of -way is not related to that possible future application. C. Deeds A Grant Deed has been prepared for the street right -of -way described in the Agreement. Also, an Easement Deed has been prepared for the Temporary Construction Easement described in the Agreement. RECOMMENDATION Staff recommends that the City Council authorize the Mayor to sign the subject Street Right -of -Way Agreement. Pndx_row_agre_roe 000003 STREET RIGHT -OF -WAY ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into by and between Carroll Eugene Roe and Dora Elizabeth Roe hereinafter called "Grantors ", and City of Moorpark hereinafter called "City ". It is the desire of City to design and construct certain street improvements on Poindexter Avenue. Said improvements are to include the construction of street widening (additional pavement width, curb, gutter and sidewalk) on the south side of Poindexter Avenue, approximately five hundred feet (500') west of Sierra Avenue (hereinafter called "Project "). Construction of the Project requires City to acquire a parcel of additional street right -of -way (hereinafter called "Parcel ") from the property located at 784 Poindexter Avenue (hereinafter called "Property "). Construction of the Project will also require the City to obtain a Temporary Construction Easement (hereinafter called "Temporary Easement ") from the Property. Grantors are the owner of the Property. In order to facilitate the Project, Grantors hereby agree to convey to the City, the Parcel and the Temporary Easement, subject to the conditions set forth herein. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration related to the conveyance of the Parcel to the City by Grantors, and shall relieve the City of all further obligations or claims on this account, or on account of the location, grade or construction of the Project, and /or any subsequent improvements to be made to the Property by the Grantors. 2. City and Grantors mutually agree that: a. the area of the Parcel, as generally shown on Exhibit 1 attached hereto and made a part hereof, is approximately 2,200 square feet; b. the area of the Temporary Easement, as generally shown on Exhibit 2 attached hereto and made a part hereof, is approximately 3,000 square feet; 000004 c. if required, Grantor will permit City to construct driveway transitions (replacement of a portion of a driveway to adjust the driveway elevation to match the final elevation of the back of sidewalk) south of the southerly limit of the Temporary Easement; d. the taking of the Parcel and the improvements called for by the Project, require the removal of certain landscaping which now exists on the Parcel; e. the landscaping to be removed by the Project will not be removed until and unless it is removed as a part of the construction of the Project; f. the restoration of the privacy provided by the aforesaid landscaping requires the construction of a six feet (6') high block wall (hereinafter called "Wall ") immediately §' south of the south line of the Parcel, said line being the north line of the Property subsequent to the conveyance of the Parcel to City; and g. any future plans by Grantors to subdivide the Property and /or develop the westerly portion of the Property, are not addressed in this Agreement and no assurances regarding the approval of said plans or the requirements relating thereto are inferred by this Agreement. 3. City shall: a. prepare the legal descriptions and related deed documents for the Parcel and the Temporary Easement; b. provide to Grantors the deeds for the Parcel and the Temporary Easement; c. provide for the construction of the Project; d. provide for the placement of a survey marker at the new northeast corner of the Property, said point being ten feet (10') south of the current northeast corner of the Property at or near to which is currently located a metal pipe; e. provide for the construction of the Wall in accordance with certain specifications and requirements set forth as follows: 1) the general location of the Wall shall be as generally depicted on Exhibit 3, attached hereto and made a part hereof; 2) the design and location of the Wall, as shown on Exhibit 3, is consistent with all City standards and regulations; 3) the Wall shall be constructed in such a manner so that a 10' x 10' x 14'+ setback area is provided on each side of a gate and/or driveway, as generally shown on the diagram attached as Exhibit 3.; 000005 4) the height of the Wall shall be six feet (6') ± , as measured from the future sidewalk to be constructed as a part of the Project; and, 5) the Wall shall be constructed of hi Ar-, ,E wall innnediatel C s/ &,rte .5 7-a -E ) %C4 provide for the construction of three (3) driveway aprons with a minimum width of twelve feet (12') at the locations generally shown on the attached diagram (Exhibit 3) and generally described as follows: 1. at the existing easterly driveway; 2. at the existing westerly driveway; and 3. at the location of a future driveway to be located (location to be determined in the field to the mutual satisfaction of the Grantor and the City) west of the exiting westerly driveway. g. provide for the construction of the driveway transitions requiring the removal and replacement of a portion of the driveway to correct for any difference in the elevation of the existing driveways and the elevation of the future back of the sidewalk or driveway apron. 4. The Grantors shall: 'i V a. sign (with-Ne� and return to City the Grant Deed for the Parcel; and, 6LV- b. sign - with Net—af' ) and return to City the Easement Deed for the Temporary Easement; Dated: l0 -/a yy Grantors: ATTESTED: Debbie Traffenstedt, City Clerk CITY OF MOORPARK Patrick Hunter, Mayor 11111. Exhibit POINDEXTER AVENUE CI 10-4 Subject Property AP 511-0-070-310 F. 401 000007 T Exhibit .� POINDEXTER AVENUE o - 0 0 o 0 O N O '-r O 4 223.99 a • TPOB 20.00' v� 223.63' Grant Deed Construction Easement i AP 511 -0- 070 -310 1" =40' 000008 i 1 1 _ Ilili�iit " Iljilll'Ill�ll'!ii LL.ill � III iljil�z3�G31 I !Ilil i 'ill I III I I O �• � F•- -...L. _'_'_' - - �_' I I i I I � IT i I I h. I.I ...c,rAW UUK I'E�7cc .L..I' � I' �' I l 11' I I' I I -! I I II i I � ' iI I I i � 1 �j '1j I IjiI I� •�� !~wr�C`i (�` � - ��� I ; �, _ ,f -. _ �O I ' I .. i j I•�. ; I I : 1 I• i �V�9I.. _ - _ � )�� • �"ry.G. .�:I. .� � I I I ' I... _ _ : - _... - i 1 i i I � ! 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