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HomeMy WebLinkAbout1985-12-17; City Council; 8442; Agreement Pacific Scene Condemnation Elm Harwich GlasgowCIT' ~)F CARLSBAD — AGEND/ (ILL AR« rvt/z MTtt 12/17/85 OEPT. CA TITLE' AGREEMENT BETWEEN CITY AND PACIFIC SCENE FOR CONDEMNATION OF ELM, HARWICI AND GLASGOW HFPT HD CITY ATTY VjfB. riTYMGR_^7*-x occa.Q- o o oz3 Oo RECOMMENDED ACTION: That the City Council adopt Resolution No. f*3o6 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. ITEM EXPLANATION All indications are that the proposed sale of the remaining undeveloped portions of the Lake Calavera Hills Master Plan to Genstar will close prior to the first of the year. Genstar has represented they will grant the City the necessary easements for the construction of Harwich, Elm and Glasgow, the streets around the Lake Calavera Hills park as soon as the sale closes. However, as is always the case in major complex real estate transactions, the possibility exists that the sale will not close. In that event, the City Manager recommends that the City needs to be in a position to quickly accomplish the condemnation of the necessary road right-of- way so that the development of the Lake Calavera Hills Park is not delayed. In that regard attached is an agreement between the City of Carlsbad and Pacific Scene regarding the acquisition of street right- of-ways for Elm, Glasgow and Harwich. The agreement provides that the developer will pay all of the necessary costs in contemplation of the City's exercise of its power of eminent domain. Upon approval of the agreement we will work with the developer to retain the attorney, order the title report and retain the appraiser. If the sale takes place these proceedings can be abandoned. If not, the long lead time items will be under way so the City will be in a position to hold the required public hearing and adopt the condemnation resolution shortly after the first of the year. FISCAL IMPACTS None EXHIBITS Agreement Resolution No. Q <CD a O 1 2 3 4 5 6 7 8 9 10 11 12 13 | 14 = 1 15 §" 16 i 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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 the City Council of the City of Carlsbad, California, held on the _ 17th day of December _ , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettirie NOES : None ABSENT: None ATTEST: MARY H.yCASLER, Mayor XAJLETHA L..^#AUT_E*JKRANZ3 City Clerk 'KAREN R. KUNDTZ, 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 , 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 agreement 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 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 .tconsent. 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 -2- 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 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. 4. DATED: CITY OF CARLSBAD A Municipal Corporation of the State of California by: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk SUBDIVIDER by: 5.