HomeMy WebLinkAbout1976-05-04; City Council; Resolution 3899!,
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RESOLUTION NO. 3899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DETERMINING AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF AN
INTEREST IN CERTAIN REAL PROPERTY FOR A SEWER LINE TO BE KNOWN AS THE RANCHO LA COSTA SEWER, AND AUTHORIZING THE CITY ATTORNEY TO ACQUIRE SAID PROPERTY BY NEGOTI- ATION OR CONDEMNATION.
WHEREAS, the City Council of the City of Carlsbad has
established a tentative sewer easement to be known as the Rancho
La Costa Sewer; and
WHEREAS, the acquisition and development of said sewer as
an off site improvement for certain subdivision maps is essential
to provide sewer service to said subdivisions, as well as other
surrounding areas that border upon and are served by said tenta-
tive easement; and
WHEREAS, it is necessary that the developers of the Rancho
La Costa area secure said easement and install improvements there-
on, in accordance with specifications of the City of Carlsbad; and
WHEREAS, Rancho La Costa sewer easement and project has
been considered by the Planning Commission of the City of Carlsbad
and determined to be consistent with the City's general plan; and
WHEREAS, the Rancho La Costa sewer easement has been con-
sidered by the City of Carlsbad Planning Department, in light of
the California Environmental Quality Act of 1974, and the City
of Carlsbad Environmental Protection Ordinance of 1972, and found
to have no adverse impact upon the environment, and, therefore,
qualifies for a negative declaration; and
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WHEREAS, said Rancho La Costa developers have been unable
to acquire by negotiated purchase said necessary portion of the
proposed sewer easement; and
WHEREAS, this City Council has considered the evidence
relating to this matter and is fully informed in the premises;
NOW, THEmFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above facts are true and correct.
2. That the City Council of the City of Carlsbad finds and
determines and hereby declares that the public interest and
necessity require the acquisition, construction and completion of
certain public improvements, namely a sewer line, upon, through,
over, under and across the real property hereinafter described in
this resolution to be known as the Rancho La Costa sewer.
3. That said real property or interests in real property
hereinafter described is necessary for said public improvement
and that such public improvement is planned and located in the
manner which will be most compatible with the greatest public
good and least private injury.
4. That the public interest and necessity require the
acquisition and taking of certain real property for sewer easement
purposes for the installation, construction, operation, maintenance
repair, replacement and construction of said sewer easement and all
structures incidental thereto.
5. That the use of all and. each of every part of said
real property hereinafter described for the purpose of a sewer
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easement is a public use, and a use authorized by law.
6. That the acquisition and taking of said sewer easement
upon, through, under, over and across all and each of every part
of said hereinafter described real property is necessary to said
public use, and it is necessary that all and each and every part
of said real property be so acquired and taken.
7. That the City Council of the City of Carlsbad finds
and determines and thereby declares that the said Rancho La Costa
sewer easement is consistent with the City's general plan.
8. That the City Council of the City of Carlsbad hereby
finds, determines and declares that the said easement will result
in no significant environmental impact under either the California
Environmental Quality Act of 1974, or the City of Carlsbad Environ.
mental Protection Ordinance of 1972, and hereby qualifies for a
negative declaration.
9. That the real property or interests in real property
which the City of Carlsbad is by this resolution authorized to
acquire and condemn is situated in the City of Carlsbad, County
of San Diego, and in the County of San Diego, State of California,
and more particularly described in Exhibit A, attached hereto and
made a part hereof, as if set forth in full, and as shown for
convenience sake on that certain drawing designated as Exhibit B,
attached hereto and made a part hereof.
10. That the City Attorney for the City of Carlsbad be,
and he is hereby authorized, empowered and directed to acquire
said real property or interests in real property in the name of
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the City of Carlsbad, a Municipal Corporation, by negotiation,
donation, purchase, or by condemnation in accordance with the
provisions of the Code of Civil Procedure of the State of
California, Sections 1237 et seq., the Constitution of the State
of California relating to eminent domain, and such other statutes
and laws of the State of California as may be applicable, and to
prepare and prosecute in the name of the City of Carlsbad such
proceedings in the proper court having jurisdiction thereof, as
are necessary to condemn, take and acquire said real property or
interests in real property for and in connection with said public
improvement, and to make an application to such court for an order
fixing the amount or amounts of such security in the way of money
deposits as said Court may direct and for an order permitting the
said City of Carlsbad to take immediate possession and use of said
real property or interests in real property, or any part or parts
thereof as rights-of-way for public use, and to make deposit of
such security in such amounts fixed by the court, and in such
manner as the court may direct, and to incur on behalf of the
City of Carlsbad all reasonable and necessary expenses in the
prosecution of a suit or suits to condemn said real property.
Further, the City Attorney is authorized to direct the law firm
of Higgs, Fletcher & Mack to undertake all the above mentioned
duties on behalf of the City of Carlsbad, the cost of which will
be borne by the developer, Rancho La Costa.
11. That the City Attorney for the City of Carlsbad is
authorized to file the appropriate complaint in the pursuance of
the condemnation action authorized hereby; provided, however,
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that he may direct members of the law firm of Higgs, Fletcher &
Mack, to prepare and file those appropriate pleadings and that all
matters involving said litigation including the preparation and
filing of said complaint will be undertaken by the law firm of
Higgs, Fletcher & Mack, presently retained by the developer of
Rancho La Costa, who shall retain the appraiser to be selected
and shall bear full and total costs for both legal services, any
special witnesses and any and all other costs reasonably relating
to said action.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of May , 1976,
by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, and
NOES: Councilman Skotnicki Councilwoman Casler
ABSENT: None rh
ATTEST :
(SEAL )g
5.
EXHIBIT "A"
SECOND SUPPLEMENT TO AGREEMENT
FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER
This Agreement is made this 11th day of May I
1976 by and between the City of Carlsbad, California (the "City"),
I
the Parking Authority of the City of Carlsbad, (the "Parking
Authority") and Plaza Camino Real, a California limited partne-r-
ship ("Developer").
WITNESSETH:
WHEREAS, the parties to this Agreement have heretofore
entered into an Agreement dated November 5, 1975 for expansion
of the Plaza Camino Real Shopping Center. Said Agreement has
been amended by a First Supplement thereto dated February 3rd,
1976. The parties wish to further amend said Agreement in the
manner hereinafter set forth.
NOW, THEREFORE, the parties hereto agree as follows:
Attached to this Second Supplement as Exhibit A and
made a part hereof is a site plan prepared by Shuirman-Rogoway
& Associates and bearing a last revision date of April 22, 1976.
The site plan attached to this Second Supplement is hereby
substituted for the site plan attached as Exhibit A to said
Agreement. The term "Site Plan", as used in said Agreement,
shall be deemed to refer to the site plan attached to this
Second Supplement.
All references in said Agreement to a Broadway department
store shall be deemed to refer to a Bullock's department store.
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IN WITNESS WHEREOF, the City, the Parking Authority and
Developer have signed this Agreement as of the day and year first
above written.
ATTEST : CITY OF CARLSBAD
ATTEST: THE PARKING AUTHORITY OF THE CITY
OF CAFLSBAD, CALIFORNIA
f? ,J /,- -‘- - -3
ATTEST: PLAZA CAMINO REAL, A Limited
By: The May Stores Shopping Centers, Inc., Partnership,
its General Partner .
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