HomeMy WebLinkAbout1985-12-17; City Council; Resolution 8306+
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RESOLUTION NO. 8306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND PACIFIC SCENE
REGARDING THE ACQUISITION OF CERTAIN EASEMENTS
FOR STREET AND OTHER PURPOSES AS REQUIRED FOR THE LAKE CALAVERA HILLS MASTER PLAN.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That certain agreement between the City of Carlsbad
and Pacific Scene, Inc. for the acquisition of certain easements
for street and other purposes in the Lake Calavera Hills Master
Plan, marked Exhibit A and made a part hereof, is hereby
approved ..
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of thf
City Council of the City of Carlsbad, California, held on the
17th day of December , 1985 by the following vote,
to wit:
ATTEST :
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
f& A-THA L.AUTJ%JKRANG City Clerk
/ KAREN R. KUJYDTZ, Deputy
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PACIFIC SCENE, INC. REGARDING THE
ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR THE LAKE CALAVERA HILLS MASTER PLAN
This Agreement is made this day of
I 19 by and between the City of Carlsbad,
California, a municipal corportion (hereinafter called "City")
and Pacific Scene, Inc. (called "Subdivider" ) .
RECITALS
A. Developer is required as a condition of Resolution
No. 8221 of the City Council of the City of Carlsbad, approving a
construction and park grading aqreement between the City of
Carlsbad and Pacific Scene, Inc., to dedicate and provide certain
improvements to wit the acquisition of certain easements for
street and other purposes as required for the Lake Calavera Hills
Master Plan.
B. The acquisition and development of certain easements
for street and other purposes as an off-site improvement for the
subdivision is essential to provide needed public facilities for
the subdivision and to mitigate the public facilities burdens
created by the subdivision.
C. It is necessary that Subdivider secure said easement
and install improvements thereon and in accordance with
specifications of the City of Carlsbad.
D. Subdivider has been unable to acquire by a
negotiated purchase the required easements for street and other
L purposes for the subdivision, and requests that the City assist
in the acquisition by exercise of the City's power of eminent
domain.
E. This Agreement is authorized by and is entered into
pursuant to Section 20.16.095 of the Carlsbad Municipal Code and
Section 66462.5 of the state Government Code.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and of the recitals, it is mutually agreed by
and between the parties as follows:
1. Subdivider agrees to retain on behalf of the City a
qualified attorney or attorneys to prepare and file on behalf of
the City all documents, pleadings and process necessary to acquire
the required easements through an action in eminent domain. Said
attorney or attorneys will either be associated with the City
Attorney in the eminent domain proceeding, or will independently
pursue the eminent domain action on behalf of the City, as the
City in its discretion determines. The attorney or attorneys
shall be approved by the City Attorney and subdivider agrees not
to replace the attorney or attorneys without the City Attorney's
consent. The City Attorney's approval or consent shall not be
unreasonably withheld.
2. Subdivider agrees to bear all expenses, costs, fees,
and charges, including attorneys', engineers, appraisers or other
professional service fees incurred or charged in connection with
the acquisition of the various property interests and the
preparation and prosecution of the eminent domain proceeding, and
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City shall assume no responsibility for said amounts. There shall
be no charge for City staff time associated with this project.
3. It is understood and agreed that even though the City
is party plaintiff, it shall assume no financial responsibility in
said eminent domain action and that as further proceedings are
required, outside counsel shall assume primary responsibility and
direction of any actions subject to any necessary approvals of the
City. The City agrees to cooperate and assist in commencing and
prosecuting said condemnation action in an expeditious manner for
the purpose of completing same as soon as reasonably possible in -
accordance with applicable laws.
4. Subdivider shall retain at its sole expense any
appraiser, engineer or other expert witness, as mutually agreed
upon by Developer and City, to provide any necessary appraisal,
engineering or other information in a form suitable for use in
connection with said condemnation proceedings. Any appraiser,
engineer and other expert witness required shall be paid directly
by Subdivider. City shall assume no responsibility for such
payment.
5. Subdivider shall pay all amounts, plus interest, as
required as a result of any judgment or settlement in payment for
easements to be acquired. City shall assume no responsibility for
said payments.
6. The parties hereby agrees to seek an order of
immediate possession for the real property necessary for the
improvements and facilities and related easements and comply with
the legal procedures necessary therefor. The subdivider shall be
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responsible for the deposit of funds, posting of security, or
payment of any costs associated with the order of immediate
possession.
7. City retains the right to assume primary
responsibility for the subject ligitation at any time and to
prosecute it to completion with all costs, including attorneys'
fees, to be borne by the Subdivider.
8. It is understood that prior to the initiation of
any eminent domain proceedings, it will be necessary for the
City in its sole discretion to adopt a resolution of necessity
for the acquisition of the property and to make the necessary
findings as required by law. The adoption of a resolution of
necessity shall be a condition precedent to any obligation of
the Subdivider herein. City agrees to use due diligence in
processing the matter to hearing before the City Council in
order to ensure compliance with the time limits established by
Section 20.16.095 of the Carlsbad Municipal Code and Section
66462.5 of the state Government Code. Subdivider agrees that
any failure by the City to comply with the time limits, however,
shall not cause an invalidation of any condition of the
tentative map or relieve the subdivider of any obligation
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day'and year first above written. ... ...
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DATED : CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by : L&L&-J* &A
MARY H. ,ASLER, Mayor
ATTEST:
AJATHA L&pKRWZ, City Clerk
KAREN R. KUNDTZ, Deputy City Clerk
SUBDIVIDER
by :
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1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Clerk
ditp of darI&bab
March 17, 1986
Pacific Scene
3900 Harney St.
San Diego, CA 92110
Attn: John Werner
Re: Agreement for Condemnation of Elm, Harwich and Glasgow
The Carlsbad City Council, at its meeting of December 17, 1985,
adopted Resolution No. 8306, approving an agreement between the
City of Carlsbad and Pacific Scene regarding the acquisition of
certain easements for streef and other purposes as required for
the Lake Calavera Hills Master Plan.
Enclosed is the original agreement which has been signed on behalf
of the City of Carlsbad.
executed, please return it to this office.
Also enclosed for your records is a copy of the agreement and
Resolution No. 8306.
If you have any questions regarding this matter, please don't
hesitate to call.
Thank you for your assistance in this matter.
As soon as the document has been fully
$ii&z4"2. Deputy City Clerk
Encs .