HomeMy WebLinkAbout1997-05-20; City Council; Resolution 97-669I W 0
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RESOLUTION NO. 97-669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AN AGREEMENT.
WHEREAS, Western Pacific Housing-Poinsettia, L.P. has submitted an agreeme
the acquisition of street easements in the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the I
interest to accept said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement from Western Pacific Housing-Poinsettia, L.P., reg;
acquisition of street easements in the City of Carlsbad which is on file with the City Clerk I
attached as Exhibit A, is accepted and the City Manager and City Clerk are hereby authl
to execute said agreement thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the 20th day of May , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
i
I 1 ATTEST: 2,. ?&
ALETHA L. RAUTENKRANZ, City Clerk ]
I
1
(SEAL)
Exhibit4
1
w AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND
WESTERN PACIFIC HOUSING-POINSETTIA, L.P., REGARDING
OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 93-3.
This Agreement is made this lotMay of JUNE , 1997 by and between
City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Wes
Pacific Housing-Poinsettia, L.P., (called "Subdivider").
RECITALS
A. Subdivider is required as a condition of Resolution No. 94-93 of City Counc
the City of Carlsbad, approving a Mitigated Negative Declaration, Tentative Subdivi:
Map (CT 93-03), Condominium Permit (CP 93-02), Site Development Plan (SDP 93
and Hillside Development Permit (HDP 93-02) for a 184 multi-family reside
development between the City of Carlsbad and Western Pacific Housing-Poinsettia, L.F
dedicate and provide certain improvements to wit: The acquisition and developmer
Cassia Road.
B. The acquisition and development of Cassia Road as an off-site improvemer
the subdivision is essential to provide needed public facilities for the subdivision and to mit
the public facilities burdens created by the subdivision.
C. It is necessary that Subdivider secure said easement and install improven
thereon and in accordance with specifications of the City of Carlsbad.
D. Subdivider has been unable to acquire by a negotiated purchase the req
easements for street and other purposes for the subdivision, and request that the City as:
the acquisition by exercise of the City's power of eminent domain.
E. This Agreement is authorized by and is entered into pursuant to Sc
20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code.
I NOW, THEREFORE, in consideration of the mutual covenants contained herein 2
the recitals, it is mutually agreed by and between the parties as follows:
MASTERS\FORMS\ EASEMENT ACQUISITION 1 REV. 02
I
ll 1. Sub 'ZT wider agrees to pay the costs of retainm qualified attorney or attorr
to prepare and file on behalf of the City all documents, pleadings and processes necessar
acquire the required easements through an action in eminent domain. Said attornel
attorneys will either be associated with the City Attorney in the eminent domain proceedin<
will independently pursue the eminent domain action on behalf of the City, as the City it
discretion determines. The attorney or attorneys shall be retained by the City and approve
the City Attorney.
2. Subdivider agrees to bear all expenses, costs, fees, and charges, inch
attorneys', engineers, appraisers or other professional services fees incurred or charge
connection with the acquisition of the various property interests and the preparation
prosecution of the eminent domain proceeding, and City shall assume no responsibility for
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
assume no financial responsibility in said eminent domain action and that as fL
proceedings are required, outside counsel shall assume primary responsibility and directit
any actions, subject to any necessary approvals of the City. The City agrees to cooperatt
assist in commencing and prosecuting said condemnation action in an expeditious mann
the purpose of completing same as soon as reasonably possible in accordance with appli
laws.
4. Subdivider shall retain at its sole expense any appraiser, engineer or
expert witness, as mutually agreed upon by Developer and City, to provide any nece
appraisal, engineering or other information in a form suitable for use in connection wit1
condemnation proceedings. Any appraiser, engineer and other expert witness required st
paid directly by Subdivider. City shall assume no responsibility for such payment.
5. Subdivider shall upon demand pay all amounts, plus interest, as require(
result of any judgment or settlement in payment for easements to be acquired. Cit)
assume no responsibility for said payments.
MASTERS\FORMS\
EASEMENT ACQUISITION 2 REV. 0
I
w 6. The parties hereby agree to seek an order o m mediate possession for the
property necessary for the improvements and facilities and related easements and comply '
the legal procedures necessary therefor. The Subdivider shall be responsible for the depos
funds, posting of security, or payment of any costs associated with the order of immed
possession. Funds for said payments shall be deposited with the City by Subdivider pric
initiation of eminent domain proceedings.
7. City retains the right to assume primary responsibility for the subject litigatic
any time and to prosecute it to completion with all costs, including attorneys' fees, to be b
by the Subdivider.
8. Prior to initiation of eminent domain proceedings, and prior to the biddir
awarding of contracts for any work or improvements on the easement, Subdivider shall,
sole expense, retain a competent appraiser to estimate- the value of the easement and pos
hundred ten percent (1 10%) of the estimated value with the City as a cash security del
The City may at its discretion, use this cash security deposit to satisfy any legal oblig:
created by this agreement. Subdivider acknowledges that the cost of acquisition and
legal obligations of Subdivider may substantially exceed the estimated value and acknowlc
that it will pay all amounts due under this agreement, even if the amount due exceed
amount of the cash deposit.
9. It is understood that prior to the initiation of any eminent domain proceedi:
will be necessary for the City in its sole discretion to adopt a resolution of necessity f
acquisition of the property and to make the necessary findings as required by law. City E
to use due diligence in processing the matter to hearing before the City Council in or
ensure compliance with the time limits established by Section 20.16.095 of the C;
Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees tha
//r
Ill
I//
Ill
MASTERS\FORMS\
EASEMENT ACQUISITION 3 REV. (
(1 failure by the City t F comply with the time limits, however, a not cause an invalidation of
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this day of , 1997. I1 SUBDIVIDER:
WESTERN PACIFIC HOUSING-
POINSETT~, L.P.
(name of $÷r) I l44 bd c-
I. !. ’ *> ”
Ap Li%f gflc“c /yd n49,’ylg @-enera f ZVfmY
I IN- +cz&;
(title and organization of signatory)
By: J J
(sign here)
CITY OF CARLSBAD, a munic
corporation of the State of California
By: &\%
MARTIN ORENYAK
for City Manager
(title and organization of signatory)
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporatic
only one officer signs, the corporation must attach a resolution certified by the secret;
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: L
RONALD R. BALL
City Attorney
By:
I
MASTERS\FORMS\ 4 REV. 0
EASEMENT ACQUISITION
-.
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w .. 0
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f'
ALL PURPOSE ACKNOWLEDGMENT <
State of Caliprnia County of Jf) DL!@
On 4.9bIM . before e, Lfjki .L OqM, , .Notary Public personally appeared I fl a pmwrWyknownlame (or priove$%o m!!n tk: b&T?of satisfactory evidence td
be the person61 whose name&) is are subscribed to the within in ment and acknowledged to be that P&?e/p executed the same in I /her/their authorized capacity(ies1, and at by hi her/their signature(s1 on the q nstrument the person(s1, or the entity upon be f of which he person(s1 acted, executed the instrument.
WITNESS my hand and official seal. LORI L. CRIF
1, w W
UNANIMOUS WRITTEN CONSENT' OF
THE BOARD OF DIRECTORS OF
AP LHI, Inc.,
a California corporation
The undersigned, being all of the Directors of AP LHI, Inc., a California corporation (the
"Corporation"), take the following action by written consent without a meeting, in accordance with
Section 307(b) of the California General Corporation Law and the bylaws of this Corporation:
WHEREAS, the Corporation is the managing general partner of Western Pacific Housing
- Poinsettia, L.P., a California limited partnership (the "WPH"); and
WHEREAS, WH has acquired that certain parcel of real property described on Exhibit
"A" attached hereto (the "Property") and intends to engage in certain land enhancement activities
for the purposes of construction single family housing, townhouses and condominiums for sale
thereon including the zoning and rezoning of such Property and the designing and redesigning of
residential improvements to be constructed thereon (the "Project"); and
WHEREAS, in order to commence and complete the planned development of the Project
WPH must obtain certain permits and approvals from various governmental agencies and
regulatory bodies.
NOW, THEREFORE, BE IT RESOLVED, that Craig A. Manchester as duly elected Vice
President and Assistant Secretary, and Lance Waite as duly elected Vice President of this
Corporation are, and either one of them acting alone hereby is, authorized, empowered, and
directed in the name and on behalf of the Corporation as the managing general partner of WPH to
take all actions, and execute, delivery file and record any and all instruments, agreements, and
documents as may be required or as'such office may deem necessary, advisable or proper in
connection with obtaining all governmental and regulatory approvals and consent for the
development and sale of the Project. The grant of authority herein includes, but is not limited to,
the right to contact and interact with, from time to time or on an on-going basis, as applicable any
and all local, municipal, state andor federal governmental agencies andor regulatory bodies in
order to obtain all building permits and other governmental authorizations necessary for WPH's
development of the Project to finalize all tract and subdivision maps and to submit appropriate
applications to and obtain approvals from the Department of Real Estate and to take all other
actions in connection therewith.
IN WITNESS WHEREOF, the undersigned have executed this consent as of February 1,
1997, and direct that it be filed with the minutes of meetings of the Board of Directors. ; mA-L,a
/h ,Lil&
Eugene S. nfeld, Director 1 Jdichael S. Wecker, Director