CITY OF LARKSPUR Staff Report

Transcription

1 DATE: August 29, 2011 CITY OF LARKSPUR Staff Report September 7, 2011 City Council Meeting TO: FROM: SUBJECT: Larkspur City Council Hamid Shamsapour, Director of Public Works A Resolution of the City Council of the City of Larkspur Conditionally Agreeing to Accept the Granting of Easements from Larkspur Isle Condominium Owners Association and from the Larkspur Corte Madera School Districts To Permit Future Roadway Construction at Larkspur Plaza Drive ACTION REQUESTED: That Council hear the report and adopt two resolutions conditionally accepting Access and Utility Easements from Larkspur Isle Condominium Owners Association ( LICOA ) and Larkspur Corte Madera School District ( LCMSD ) to permit the construction of a realigned driveway for the Boardwalk Subdivision onto Larkspur Plaza Drive, and the elimination of a non-standard driveway entrance into Doherty Drive. REFERENCE: The plans for the installation of the new driveway are depicted on Sheet C14 of the Preliminary Improvement Plans for the Rose Garden Subdivision which are available at the Department of Public Works. A resolution accepting the easement from LICOA is attached as Attachment 1. The Legal Description of the Access and Utility Easement from LICOA and associated plat are attached as Exhibits A and B, respectively, to Attachment 1. Also attached are an updated legal description and plat map, which would become attachments to the easement agreement prior to recordation. A resolution accepting the easement from LCMSD is attached as Attachment 2. The Legal Description of the Access and Utility Easement from LCMSD and associated plat are attached as Exhibits A and B, respectively, to the Right of Way Agreement between LCMSD and Larkspur Land 8 Owner, LLC (The New Home Company or TNHC ) attached to Attachment 2. Also attached to that Right of Way Agreement is a form of easement agreement between the City and LCMSD. Also attached are an updated legal description and plat map, which would become attachments to the easement agreement prior to recordation.

2 FISCAL IMPACT: No fiscal impact is expected as the result of the installation of the proposed driveway or the acceptance of this easement. Construction of the future roadway will be the financial responsibility of the proponents of the Rose Garden Subdivision. The maintenance of the new driveway is intended to be the responsibility of the current property owners. ENVIRONMENTAL IMPACT: The City previously analyzed the environmental impacts of the Rose Garden Subdivision, including the realignment of the Boardwalk Subdivision driveway and signalization of the Larkspur Plaza Drive and Doherty Drive intersection, in the Environmental Impact Report certified for the Central Larkspur Specific Plan in 2006, a Mitigated Negative Declaration ( MND ) that was approved by the adoption of Ordinance No. 962 in July, and two Addendums to the MND issued in September 2007 and November No further review of the acceptance of these easements is required by the California Environmental Quality Act. BACKGROUND: Currently, vehicular traffic enters and exits the Boardwalk Subdivision via a drive entrance onto Doherty Drive approximately 90 feet east of the center of the intersection of Doherty Drive and Larkspur Plaza Drive. This driveway entrance is also shared by incidental parking traffic associated with Hall Middle School. With creation of the land plan for the Rose Garden Subdivision, it became evident the required signalization would be very complicated if an additional traffic movement from the driveway remained. The proximity of the existing driveway to the existing Larkspur Plaza Drive intersection has also presented safety concerns for the Department of Public Works. Due to these safety concerns, the School District has discontinued the use of this driveway exit. Routing of the Boardwalk traffic onto Larkspur Plaza Drive was recommended in the environmental review to not only direct traffic to a location of lesser cross traffic (Doherty Drive is exceedingly busy), but also to permit the signalization of Larkspur Plaza Drive at Doherty Drive in a more conventional and safer configuration. The proponents of the Rose Garden Subdivision have negotiated these easements with the owners of the parcels adjacent to Larkspur Plaza Drive, the Larkspur Isle Homeowners Association and the Larkspur Corte Madera School District. The Council should note that both of the resolutions condition acceptance of the respective easements on closing of escrow on the sale of the Rose Garden Subdivision property to The New Home Company.

3 The easement agreement with LICOA was negotiated by Larkspur Housing Partners. The original copy of it is being held in escrow, to be provided to The New Home Company only upon close of escrow for the Rose Garden Subdivision property. If escrow does not close, possession of the original easement agreement will return to Larkspur Housing Partners. Without an original version of the agreement, the City cannot record the easement, and it is unclear whether LICOA would intend for the offer to remain open in those circumstances. Similarly, the Right of Way Agreement between LCMSD and TNHC specifically conditions offering the easement to the City on TNHC acquiring title to the Rose Garden Subdivision property. If escrow does not close, then the LCMSD will not execute the easement agreement. In light of the conditions placed upon the offer of the easements to the City, staff considers it prudent to similarly condition the acceptance of the easements on TNHC acquiring title to the Rose Garden Subdivision property. Although the Public Works Department believes that the realignment of Boardwalk and ultimate signalization of the intersection of Larkspur Plaza Drive and Doherty Drive would improve circulation and safety, staff does not consider it in the City s interest to unconditionally accept easements that might not ultimately be offered. STAFF RECOMMENDATIONS: Staff recommends that Council review this package of materials and adopt the attached resolutions conditionally accepting the easements offered by the Larkspur Isle Homeowners Association and the Larkspur Corte Madera School District. ADDITIONAL OPTIONS: The City Council could choose to take no action at this time. Representatives of TNHC have stated, however, that the need the City to accept the easements to close escrow on the purchase of the Rose Garden Subdivision property. Alternatively, the Council could authorize the acceptance of the easements without condition, in the hope that, if escrow on the sale of the Rose Garden Subdivision property does not close, agreement on the easements can still be reached, allowing the City to pursue the realignment and signalization projects when funding becomes available. Respectfully submitted, Hamid Shamsapour Director of Public Works

4 CITY OF LARKSPUR RESOLUTION No. 48/11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARKSPUR CONDITIONALLY ACCEPTING AN EASEMENT FROM THE LARKSPUR ISLE CONDOMINIUM OWNERS ASSOCIATION FOR ROADWAY CONSTRUCTION AND OTHER PUBLIC PURPOSES RELATED TO THE ROSE GARDEN PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT, A CERTIFICATE OF ACCEPTANCE, AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE RECORDATION OF THE EASEMENT WHEREAS, the City of Larkspur has approved a Tentative Map, Precise Development Plan, Development Agreement, and related permits and approvals for the Rose Garden Subdivision; WHEREAS, the required improvements associated with said subdivision include the realignment of the Boardwalk Subdivision private driveway located east of Larkspur Plaza Drive and intersects with Doherty Drive, the elimination of the current nonstandard driveway, installation of a traffic signal at the intersection of Larkspur Plaza Drive and Doherty Drive, and related improvements; WHEREAS, the Larkspur Isle Condominium Owners Association ( LICOA ) has agreed to provide the City with the easement necessary for the improvements. That agreement was negotiated with Larkspur Housing Partners ( LHP ), the original applicant for the Rose Garden Subdivision project. LHP is no longer pursuing development of the project, and the owner of the property has negotiated the sale of the land to Larkspur Land 8 Owner, LLC ( Larkspur Land ). That sale has not closed, and the original version of the easement agreement, which LHP retained, is in escrow and will only come out and be made available for execution and recordation if the sale is completed. In the event that escrow on the sale of the property does not close, it is uncertain whether the easement agreement can be fully executed and recorded or that LICOA intends to continue to offer the easement. Therefore, this acceptance of the easement is conditional on Larkspur Land acquiring title to the Rose Garden Subdivision property; WHEREAS, the easement will permit the realignment of the existing driveway access, including standard curb returns, onto a street with a lower volume of traffic, and will allow the construction of a more typical signalized intersection all as part of the construction of the Rose Garden Subdivision; WHEREAS, the easement agreement, easement description, and plat map are attached hereto as Exhibit A;

5 WHEREAS, Government Code section authorizes the City to regulate the terms and conditions of the construction, installation and maintenance of access and utility easement on City property; WHEREAS, Government Code section requires the City Council to adopt a resolution evidencing its acceptance and record a certificate of acceptance when the City acquires property such as the offered easement; WHEREAS, in addition to Resolution 16/03, in which the City Council generally authorized the City Manager to accept all property conveyances to the City, the Council wishes to accept these specific easement; and WHEREAS, the City previously analyzed the environmental impacts of the Rose Garden Subdivision, including the realignment of the Boardwalk Subdivision driveway and signalization of the Larkspur Plaza Drive and Doherty Drive intersection, in the Environmental Impact Report certified for the Central Larkspur Specific Plan in 2006, a Mitigated Negative Declaration ( MND ) that was approved by the adoption of Ordinance No. 962 in July, and two Addendums to the MND issued in September 2007 and November No further review of the acceptance of these easement is required by the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Larkspur does hereby resolve, declare, determine and order as follows: Section 1. reference. The foregoing recitals are true and correct and are hereby incorporated by Section 2. The City Council accepts the easement described in Exhibit A, on the condition that Larkspur Land acquires title to the Rose Garden Subdivision property. Section 3. The City Manager is authorized to execute all easement documents/agreements substantially in the form attached in Exhibit A, including any changes determined necessary and appropriate by the City Manager and City Attorney, as well as any certificates of acceptance or other documents required to effectuate the creation of the easement, such that said easement and acceptances are recorded forthwith in the Office of the County Recorder of the County of Marin, State of California, upon the adoption of this resolution. * * * * * * * IT IS HEREBY CERTIFED that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Larkspur City Council held on the 7 th day of September, 2011, by the following vote, to-wit:

6 AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: MAYOR ATTEST: CITY CLERK

7 E The documentary transfer tax is $ and is computed on: fl This transfer is exempt from the documentary transfer tax: Attn: -Z4 rc t foop i. ;xc -7 E1 the full value of the interest in the property conveyed J the full value less the value of liens of encumbrances remaining at the time of sale 1. Property Subject to Easement: The land affected by and servient to the 2. In Gross Public Easement: The easement herein granted is in gross, as a 3. Purposes of Easement: The easements herein granted are for the purpose LKJ-IP\48440\ /15/10 access and passage in, over, under, and upon the Easement Area from adjoining public streets to Easement, are also commonly known as Boardwalk 1 and are improved as a private Street), utilities, including but not limited to water, sewer, gas, electric, cable communications ana way (the foregoing existing easements or rights of way being referred to herein as the Existing television and telephone, and for connection to similar facilities located in the Existing Easement, as well as for drainage facilities and drainage over and upon the Easement Area. and for the installation, maintenance, repair, and utilization for all manner of underground and from certain real property or properties served by one or more existing easements or rights of of installing, maintaining, repairing, and utilizing for all manner of pedestrian and vehicular public utility and road way easement for the benefit of Grantee and such persons as Grantee shall designate for the use and benefit thereof, and of the public, generally, as determined by Grantee. and incorporated herein by this reference (the Easement Area ). easements herein granted is all that certain real property owned by Grantor and located in the City of Larkspur, County of Mann, State of California, described in Exhibit A attached hereto and right-of-way in gross for the purposes and upon the terms specified herein, as follows: LARKSPUR ISLE CONDOMINIUM OWNERS ASSOCIATION, INC., a California non-profit corporation ( Grantor ), hereby GRANTS to CITY OF LARKSPUR, a public entity (collectively, and whether singular or plural, Grantee ), a non-exclusive easement Grantee: City of Larkspur GRANT OF ROADWAY ACCESS, DRAINAGE, AND UTILITY EASEMENTS AND IRREVOCABLE OFFER OF DEDICATION WHEN RECORDED RETURN TO:

8 5. Offer of Dedication: Pursuant to Section 7050 of the Government Code, LKHP\48440\ /15/10 ATTACH EXHIBITS By: By: a California non-pr fit co oration OWNERS ASSOCIATION, INC., LARKSPUR ISLE CONDOMINIUM GRANTOR: Date: 3_ 1. 2ic. IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement. Grantor further IRREVOCABLY offers to the CITY OF LARKSPUR all of the area described herein as Easement Area for use as a public street, which offer of dedication may be accepted by the City Council of the City of Larkspur at any time in the manner prescribed by law. 4. Term of Easement: The Easement herein granted shall be perpetual.

9 EXHIBIT A AN ACCESS & DRAINAGE EASEMENT An Access and Drainage Easement, over, along, across and through that real property situate in the City of Larkspur, County of Mann, State of California, being a portion of Parcel D as shown on that certain Recorded Map Map of Larkspur Isle a Condominium Project Phase II Filed in Book 18 of Maps at Page 52, Mann County Records and being more particularly described as follows: Beginning at the most westerly corner of said School District Parcel as the westerly line and said corner is depicted and shown coincident with the easterly line of said Parcel D on said Recorded Map; thence southerly along said westerly line, South OO East, feet; thence leaving said westerly line, South West, feet to a tangent curve to the left having a radius of feet and which center bears South East; thence along said curve to the left through a central angle of and arc length of feet; thence South East, 7.93 feet; thence South West, 6.06 feet more or less, to a point in the easterly Right-of-Way of Larkspur Plaza Drive; thence northerly along said Right-of-Way, along a non-tangent curve to the lefi having a radius of feet and which center bears South West; thence along said curve to the left through a central angle of t54 and arc length of feet to a point in said easterly Right-of-Way which bears South 66 5T08 West from the point of beginning; thence North East feet, more or less to the point of beginning. Containing 0.06 Acres, more or less. The Basis of Bearing for this Description is North OO West along said Easterly Line of said Parcel D as shown on said Recorded Map. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

10 \ / / / EXHIBIT B deed description. this Exhibit shall not effect the This exhibit is for graphic purposes only. Any errors or omissions on Note: DOHERTY DRIVE L2 S W Li S E Line Searing 01st. t= L=i3,91 / \ 0_C 0 S., 3143 OF? 333, / Sca e: I = OF?. 402 Larkspur School District Lands of

11 4 STATE OF CALWORNIA ) ) ss. COUNTY OF i,i/,,/ ) On, 2010 before me, _%otary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public S TATE OF CALLFORNL4 ) COUTYOF ) 55. On 2010 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public LKP 444O /15/10

12 CITY OF LARKSPUR RESOLUTION No. 49/11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARKSPUR CONDITIONALLY ACCEPTING AN EASEMENT FROM THE LARKSPUR CORTE MADERA SCHOOL DISTRICT FOR ROADWAY CONSTRUCTION AND OTHER PUBLIC PURPOSES RELATED TO THE ROSE GARDEN PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT, A CERTIFICATE OF ACCEPTANCE, AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE RECORDATION OF THE EASEMENT WHEREAS, the City of Larkspur has approved a Tentative Map, Precise Development Plan, Development Agreement, and related permits and approvals for the Rose Garden Subdivision; WHEREAS, the required improvements associated with said subdivision include the realignment of the Boardwalk Subdivision private driveway located east of Larkspur Plaza Drive and intersects with Doherty Drive, the elimination of the current nonstandard driveway, installation of a traffic signal at the intersection of Larkspur Plaza Drive and Doherty Drive, and related improvements; WHEREAS, the Larkspur Corte Madera School District ( LCMSD ) has offered to provide the City with an easement necessary for the improvements. That agreement was negotiated with Larkspur Land 8 Owner, LLC ( Larkspur Land ), which is presently attempting to purchase the Rose Garden Subdivision property. A copy of the Right of Way Agreement between LCMSD and Larkspur Land is attached as Exhibit A. The legal description, plat map for the easement, and a form of easement agreement are attached as exhibits to the Right of Way Agreement; the legal description and plat map shall be made exhibits to the easement agreement prior to execution and recordation. The offer to provide the easement to the City is specifically conditioned upon closing of escrow on the sale of the Rose Garden Subdivision property to Larkspur Land. In the event that escrow on the sale of the property does not close, it is uncertain whether LCMSD would continue to offer the easement to the City. Therefore, this acceptance of the easement is conditional on Larkspur land obtaining title to the Rose Garden Subdivision property; WHEREAS, the easement will permit the realignment of the existing driveway access, including standard curb returns, onto a street with a lower volume of traffic, and will allow the construction of a more typical signalized intersection all as part of the construction of the Rose Garden Subdivision; WHEREAS, the form of easement agreement, easement description, and plat map are attached hereto as Exhibit A;

13 WHEREAS, Government Code section authorizes the City to regulate the terms and conditions of the construction, installation and maintenance of access and utility easement on City property; WHEREAS, Government Code section requires the City Council to adopt a resolution evidencing its acceptance and record a certificate of acceptance when the City acquires property such as the offered easement; WHEREAS, in addition to Resolution 16/03, in which the City Council generally authorized the City Manager to accept all property conveyances to the City, the Council wishes to accept this specific easement; and WHEREAS, the City previously analyzed the environmental impacts of the Rose Garden Subdivision, including the realignment of the Boardwalk Subdivision driveway and signalization of the Larkspur Plaza Drive and Doherty Drive intersection, in the Environmental Impact Report certified for the Central Larkspur Specific Plan in 2006, a Mitigated Negative Declaration ( MND ) that was approved by the adoption of Ordinance No. 962 in July, and two Addendums to the MND issued in September 2007 and November No further review of the acceptance of this easement is required by the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Larkspur does hereby resolve, declare, determine and order as follows: Section 1. reference. The foregoing recitals are true and correct and are hereby incorporated by Section 2. The City Council accepts the easement described in Exhibit A, on the condition that Larkspur Land acquires title to the Rose Garden Subdivision property. Section 3. The City Manager is authorized to execute all easement documents/agreements substantially in the form attached in Exhibit A, including any changes determined necessary and appropriate by the City Manager and City Attorney, as well as any certificates of acceptance or other documents required to effectuate the creation of the easement, such that said easement and acceptances are recorded forthwith in the Office of the County Recorder of the County of Marin, State of California, upon the adoption of this resolution. * * * * * * * IT IS HEREBY CERTIFED that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Larkspur City Council held on the 7 th day of September, 2011, by the following vote, to-wit:

14 AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: MAYOR ATTEST: CITY CLERK

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