HomeMy WebLinkAbout1986-12-09; City Council; Resolution 88981
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RESOLUTION NO. 8898
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUPPLEMENTAL
AGREEMENT BETWEEN SAMMIS PROPERTIES AND THE CITY
OF CARLSBAD FOR THE CONSTRUCTION OF THE AVENIDA BATI4UITOS BRIDGE OVER THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD.
WHEREAS, the City of Carlsbad has required Sammis Properties, as developer
of the Batiquitos Lagoon Educational Park (Carlsbad Tract 85-37 and Carlsbad
Tract 85-38), to construct Avenida Batiquitos over the Atchison, Topeka and
Santa Fe Railroad; and
WHEREAS, the developer wishes to proceed with the construction of a bridge
over the Atchison, Topeka and Santa Fe Railroad in satisfaction of the City
imposed condition; and
WHEREAS, the City, as responsible jurisdiction, must obtain approval of
the California Public Utilities Commission (PUC) prior to the construction of
said bridge; and
WHEREAS, a prerequisite to obtaining PUC approval is execution of an
agreement between the City and Atchison, Topeka and Santa Fe Railway Company
regarding rights and liabilities of the parties during construction of the
bridge; and
WHEREAS, the City desires to have the developer assume certain of the
construction responsibilities related to the construction of the bridge as
provided in the Atchison, Topeka and Santa Fe Railway Company agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The Mayor is hereby authorized to execute on behalf of the City of
Carlsbad, a Supplemental Agreement between said City and Sammis Properties
regarding construction of a separation structure over the mainline tracks of
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The Atchison, Topeka and Santa Fe Railway Company at Avenida Batiquitos.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
, 1986 by the following vote, to Council held on the
wit:
9th day of December -
AYES:
NOES : None
ABSENT: None
Council Members Lewis, Kulchin, Pettine and Mamaux
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,. LtWlS, Mayor
ATTEST:
:SEAL)
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