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HomeMy WebLinkAbout1976-05-04; City Council; Resolution 39001 2 3 4 5 6 7 8 9 10 11 12 13 2c 21 22 2: 24 25 2E 27 2f k u QC 3900 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RANCHO LA COSTA, A LIMITED PARTNERSHIP, FOR ACQUISITION OF CERTAIN SEWER EASEMENTS, TO BE KNOWN AS THE RANCEO LA COSTA SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Rancho La Costa,for acquisition of certain sewer easements to be known as the Rancho La Costa Sewer, providing sewer service to certain subdivisions located within the Rancho La Costa area, a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of M aY , 1976 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard,and NOES : Councilman Skotnicki Councilwoman Casler ABSEPU'T: None ATTEST: ( SEAL) L: ROBERT C. FRAZEE #Mayor h EXHIBIT "A" A strip of land twenty feet (20') in width, being ten feet (10') in width on each side or' the following described centerline ar_d zll contained within Lot 11 of Section 33, Township 12 South, Range 4 &st, San Eernardho Pleridian, in the County of Sa= Diego, State of California, according to Official Plat thereof: F Beginning at the most northerly corner oE said Lot 11 of Section 33; Thence South 69" 04' 40" East a distance of 168.17 feet alang the northerly fine of said Lot 11 to the TXUE POINT OF BEGINNIXG of the cefiterline to be Gescribed; Thence from said TRUE POINT OF BEGINNING South 2* 29' 58" East a 0' 00" East a distance 161.77 feetto a line ich is parallel with and 300 feet e of said Lot nt are to be lengthened or sh ntinuous boundary along ea easement from the northerly line of said Lot11 to said fine that. is of the southerly line of said Lot II. ntains 0.114 Acres) . Those Fortions of Lot 11 and of Lot 12, ec",Fon 33, Township 12 South, Range 4 West, San Berr.ardir,o Meridian, unty of San Diego, State of California, according to Or'r'icial Plzt thereof, that are within the following described boundary: Beginning at the nost northerly corner of said Lot 3.1 of Section 33; said most northerly corner being the TRUE POiNT OF BEGINNING of tho, boundary to be described; a distance of 157.27 feet along the northerly line of said Lot 11; Thence from said TRUE POINT OF BEGINNING, South 69* 04' 40" East - - Thence South 2O 29' 58" East a distance of 93.48 feet along a . ~ ortion of the Southwesterly line af the twenty foot (20') sewer senent previously described herein; Thence North 57O 40' 18" West a distance of 433.74 feet less, to a point OR the northerly line of said Lot 12 of 'said Section 33; Thence South 69" 04' 40" East a distance of 230.75 feet along said northerly line to the TRUE POINT OF BEGINNING of the boundary described. (Contains 0,382 Acres) _Exhibit "Ag' ' 2 3 4 5 6 7 E IC 11 1: 1: n 14 2( 2: 21 2: 24 t 0 2 21 2' 21 0 EXHIBIT "A" TO .RESOLUTION NO. 39.00 0 AGREEMENT WITH RANCHO LA COSTA, A LIMITED PARTNERSHIP RELATIVE TO THE ACQUISITION OF CERTAIN SEWER EASEMENTS TO BE KNOWN AS THE RANCHO LA COSTA SEWER PROVIDING SEWER SERVICE TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE RAEJCHO LA COSTA AmA. THIS AGREEMENT, made and entered into this 4th day of May , 1976, by and between the City of Carlsbad, Q a municipal corporation, hereinafter referred to as "City", and Rancho La Costa, hereinafter referred to as "Developer". W I T N E S S.E T H:' WHEREAS, the City Council of the City of Carlsbad has established a sewer easement to be known as Rancho La Costa Sewer; and WHEREAS, the acquisition and development of said sewer - easement as an off site improvement for certain subdivisions in the' Rancho La Costa area is essential to provide sewer service to said subdivisions as well as 'other iurrounding areas that border upon and are served by said sewer easements; and WHEREAS, it is necessary that the Rancho La Costa secure said easement and install improvements thereon in accordance with the specifications of the City of Carlsbad; and WHEREAS, said Rancho La Costa has been unable to acquire by a negotiated purchase said necessary portion of the proposed sewer easement; and WHEREAS, the City Council of the City of Carlsbad has by the adoption of.Resolution No. 3899 determined that the public interest and necessity require the acquisition of said easements 1 2 3 4 5 .6 7 E s 1c 11 1: 1; 0. 2: 21 2: 2d 2 2 ' 2' 21 irovided all cost therefor shall be paid by developer. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the )arties hereto as follows: 1. That developer agrees to make a final effort to acquire ;aid easements from the owners thereof.. ;uccessful, developer agrees to proceed in accord with the lalance of this agreement. If such effort is not 2. The developer agrees to immediately retain an appraiser, subject to the approval of the City.Attorney and developer agrees :O accept the full cost of the services of said appraiser. 3. Developer agrees to select and retain an attorney to ?repare and file a complaint in eminent domain to acquire said Zasements. Developer agrees to pay any filing fees or other dministrative costs involved in the preparation and filing of said complaint. 4. It is understood and agreed that the City shall assume I no responsibility in said condemnatlon action, and that as further proceedings are required, developer's attorney shall assume full responsibility and direction of any condemnation action subject to any necessary agreement with the City of Carlsbad. for the services of said attorney shall be made directly by developer and the City of Carlsbad shall assume no responsibility for any attorney's fees or other costs of litigation. thereto, developer shall retain the appraiser, as mutually agreed upon by developer and the City, at their sole expense to provide any necessary appraisal or other. information in the form suitable for use in said condemnation proceedings. Said appraiser and any All fees paid In addition I 2. 2 c i3 2 2 2 -2 .2 2 2 2 .. Pther expert witnesses acquired shall be paid directly by leveloper and City shall assume no responsibility for said payment leveloper shall pay all amounts plus interest as required by the :ourt in payment for the easements to be acquired. 5. Developer hereby agrees to seek an order of immediate >ossession for the real property necessary for the sewer easement ind comply with the legal procedures necessary therefor. 6. The City is hereby allowed to assume responsibility for the subject litigation at any time and to prosecute it to Zompletion with all costs including, attorney's fees to be borne ,y the developer. 7, This Agreement is made, among other reasons, to satisfy the requirements of the City of Carlsbad for the con- struction of a dedicated public sewer easement to provide necessary sewer flow to that certain property being developed by developer for subdivision purposes. IN WITNESS WHEREOF, City has caused this Agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. 3900 of the City Council of the City of Carlsbad, and developer has caused this Agreement to be executed, as duly authorized, the day and year first hereinabove written, . ATTEST : CITY OF CARLSBAD, a municipal corporation of the State of California €?OBERT C. FRAZEE , hayo-r 3. . 1 2 11 1: 1; 1: 11 l! 1f 1' 1t 1I 2( 21 2: 22 24 ' 25 26 27 28 34 ATTEST: APPROVED AS TO FORM: RANCHO LA COSTA, a limited partnership DONALD AYRES, SR., General Partner City Attorney U I c 4.