HomeMy WebLinkAbout1998-09-01; City Council; Resolution 98-289*
z 0 0 #
1 ll RESOLUTION NO. 98-289
2
3
4
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CONTRACTS WITH ERNEST M. HIDALGO AND
AVELINAHIDALGO, AND RONALD L. ROESCH FOR THE
TEMPORARY CONSTRUCTION, DRAINAGE AND SLOPE
EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE.
CARLSBAD, CALIFORNIA, APPROVING RIGHT-OF-WAY
ACQUISITION OF RIGHT-OF-WAY AND ASSOCIATED
WHEREAS, the Catellus Residential Group (Developer), as a condition of approv;
7 for Carlsbad Tract 93-09 (Ocean Bluff) is conditioned to construct Poinsettia Lane fro,
Aviara Parkway to Black Rail Road and Brigantine Drive from Poinsettia Lane to the Ocean BIL 8
9 project site (Project); and
10 WHEREAS, the City, pursuant to a reimbursement agreement with the Develop1
11
12
approved by City Council on May 19, 1998, agreed to assist the Developer in the acquisition
the necessary rights-of-way for the Project pursuant to the terms of the agreement; and
13 WHEREAS, the Developer and the City's expropriation consultant, JANMAC, Inc., ha,
14 successfully concluded negotiations for acquisition of the required rights-of-way for the Proje
across the Hidalgo and Roesch properties; and 15 I/ WHEREAS, JANMAC, Inc., has presented for Council approval Acquisition Agreemer
16 I I with the Hidalgo and Roesch property owners; and
l7 11 WHEREAS, Council has previously appropriated adequate funds for the acquisition of t
18 required rights-of-way for Poinsettia Lane from the revenues derived from Bridge a
I' Thoroughfare District No. 3; and
20 WHEREAS, the Developer has posted an adequate cash deposit with the City for 1
21 acquisition of Brigantine Drive.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
23 California, as follows:
24 1. That the above recitations are true and correct.
2. That the Acquisition Agreements with Ernest M. Hidalgo and Avelina Hidalgo, ~
Ronald L. Roesch for the acquisition of right-of-way and associated temporary construct
drainage and slope easements for the Project are hereby approved and the Mayor is authori
to execute the agreements on behalf of the City.
25
26
27
28
t // e 1) ..
1 3. That the Finance Director is directed to prepare payments to the property owner
2
3
pursuant to the terms of the agreement and that the City Clerk is authorized to sign and attach th
City's Certificate of Acceptance of the grant deeds and other easement documents and forwar
the original executed Acquisition Agreements, deeds and easements together with th
appropriate checks prepared by the Finance Department to JANMAC, Inc., for deposit into escro
with First American Title Insurance Company.
4
5
f5 II 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
8 held on the lSt day of September , 1998 by the following vote, to wit:
9
10
AYES: Council Members Lewis, Kulchin, Nygaard, Finnila & Hall
NOES: None
11 ABSENT: None
12
13
14
I 5 11 AlTEST:
16
17
18 ant City Clerk
19
20
21
22
23
24
25
26
27
(SEAL)
28