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Home My WebLink About1986-05-20; City Council; 8555-1; APPROVAL OF AGREEMENT FOR ACQUISITION OF STREET EASEMENTS FOR SDP 84-05.* 'a >w 0 e a. a < .. z 0 F 0 a s z 3 V 0 5 -. -., CIT(PF CARLSBAD - AGENDgBILL DEI TITLE; APPROVAL OF AGREEMENT FOR AB# 8555-*( MTG.UE;-. ACQUISITION OF STREET EASEMENTS CIT CIT DEPT. LNG RECOMMENDED ACTION: FOR SITE DEVELOPMENT PLAN 84-5 By motion, adopt Resolution No. zsa approving an a< for acquisition of street easements for SEP 84-5. ITEM EXPLANATION On March 18, 1986, the City Council directed staff to retL an agreement between the developers of the above ref project and the City of Carlsbad for the institution of domain proceedings to acquire the Delorm and Wrisley pro[ That document is attached. The adoption of the resolution will allow property acqc for the extension of Palmer Way from its existing termii Impala Street, northerly approximately 620 feet to the nc line of the above referenced project. The extension is by Resolution No. 7956 of the City Council approv Develpment Plan 84-5. FISCAL IMPACT Developer agrees to bear acquisition expenses. N( impact. EXHIBITS 1. Location Map 2, Agreement 3. Resolution No. TAX% approving an agreer acquisition of street easements for SDP 84-5. I I r 209-040-23: Wrisley APN 209-040-24: Delorm Not to 5 BEGKMAN IN4 PALMER WAY EXTENSION SDP c WRITE &DON’r SAY IT INTER-~PARTMENT MEM TO City Engineer DATE 4-17-86 19 Re: ERte-Developrnent Plan 84-5 * ggreement regarding of easements We have reviewed the agreement attached to our copy of the April i7, 1986 letter form Roscoe Keag to you concerning tnis project. The agr if fine. You should schedule Che agr approval by council as soon as possible. City Attorney by DSH *e-F.‘ gLLA l/ c - ~ 7 4, G& ;isJ: 1 ; ,. REPLY ON THIS SHEET FROM STANDARD INTER DEPT. WILMEQ SFRVICC UNL - 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAVl S / WALTE RS/ CADCO CAR LSBAD CATEWAY REGARDING ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND ATTENDANT PURPOSES CARLSBAD GATEWAY CENTER AS REQUIRED BY SITE DEVELOPMENT PLAN 84-5 THIS AGREEMENT is made this2may of 19 - , by and between the City of Carl= California, a%dnicip; corporation (hereinafter called "City") and DAVIS/WALTERS/GADCO ';.h CARLSBAD GATEWAY , (hereinafter called "Developer"). REC I TA LS 1. Developer is required, as a condition of Resolutio No. 7956 of the City Council of the City of Carlsbad, approving Sit Development Plan 84-5, to acquire offsite easements for street an attendant purposes, and to provide for the construction of certai improvements, to wit: The acquisition of the right of way for an development of Palmer Way to the Barbour Connection as provided i Conditions 34 and 35 of Planning Commission Resolution No. 2410. 2. It is necessary that Developer secure said roa easements for street and attendant purposes and install improvement thereon and in accordance with specifications of the City of Carlsbad The offsite road improvement is essential to provide public facilities fo the development and to mitigate the public facilities burdens created b the development. 3. Developer has been unable to acquire by a negotiate purchase the required easements for street and attendant purposes fc the development, and requests that the City assist in the acquisition b exercise of the City's power of eminent domain. 4. This Agreement is authorized by and is entered int pursuant to Section 20.16.095 of the Carlsbad Municipal Code an1 Section 66462.5 of the California Government Code. NOW THEREFORE, in consideration of the mutual covenant contained herein and of the recitals, it is mutually agreed by an between the parties as follows: 1. Developer agrees to retain outside counsel, ASARO KEAGY, on behalf of City, to prepare and file on behalf of the City all documents, pleadings, and process necessary to acquire the require easements through an action in eminent domain. Said outside counsf will either be associated with the City Attorney in the eminent domai proceeding, or will independently pursue the eminent domain action o behalf of the City, as the City, in its discretion, determines c 0 0 -2 - Dleveloper agrees not to replace ASARO E KEAGY without the City': clonsent, which will not be unreasonably withheld. 2. Developer agrees to bear all expenses, costs, fees, an( charges, including attorneys', engineers', appraisers' or other profes sional service fees incurred or charged in connection with the acquisi- tion of the various property interests and the preparation and prose- cution of the eminent domain proceeding, and City shall assume nc responsibility for said amounts. There shall be no charge for Cit) staff time associated with this Project. 3, It is understood and agreed that even though City i: party Plaintiff, it shall assume no financial responsibility in said emi- nent domain action, and that as further proceedings are required outside counsel shall assume primary responsibility and direction of an) actions subject to any necessary approvals of City. City agrees tc cooperate and assist in commencing and prosecuting said condemnatior action in an expeditious manner for the purpose of completing same a: soon as reasonably possible in accordance with applicable laws. 4. Developer shall retain, at its sole cost and expense, any appraiser, engineer, or other expert witness, as mutually agreed upor by Developer and City, to provide any necessary appraisal, engineer- ing, or other information, in a form suitable for use in connection witt- said condemnation proceedings. Any appraiser, engineer, and other expert witness required shall be paid directly by Developer. City shal assume no responsibility for such payment. 5, Developer shall pay all amounts, plus interest, a: required as a result of any judgment or settlement in payment for easements to be acquired. City shall assume no responsibility for saic payments. 6. The parties hereby agree to seek an Order for Immediate Plossession for the real property and interests in real property necessary for the improvements and facilities and related easements, and comply with the legal procedures necessary therefor. Developer shall be responsible for the deposit of funds, posting of security, or payment of any costs associated with the Order for Immediate Possession. 7. City retains the right to assume primary responsibility for the subject litigation at any time, and to prosecute it to completior with all costs, including attorney's fees, to be borne by Developer. 8. It is understood that prior to the initiation of any emi- nent domain proceedings, it will be necessary for 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 I* e e -3- any obligation of the Developer herein. City agrees to use due dili gence in processing the matter to hearing before the City Council ir order to ensure compliance with the time limits established by Sec tion 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 o the California Government Code. Developer agrees that any failure b! any condition of the Site Development Plan, or relieve Developer of an' ob1 igation hereunder. City to comply with the time limits, shall not cause an invalidation o IN WITNESS WHEREOF, the parties hereto have executed thi Agreement on the day and year first above written. CITY OF CARLSBAD A Municipal Corporation of the State of California By LL- : J.&&/, MARYP. CASLER, Mayor ATTEST : 7, L* Rdi T iN ?<A K RAN z City Clerk D AV I S / WA LT E RS / GAD C 0 C A R LS B A C GAT E W A Y A California General Partnership By : Rf?/dk . R D ALTERS General Partner DK :MDDCT3/041686a 1 2' 3l 4, 8562 - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN AGREEMENT. WHEREAS, DAVIS/WALTERS/GADCO CARLSBAD GATEWI 1 6 71 8, 9 10 11 1 acquisition of street easements in the City of Carlsbad; WHEREAS, the City Council of the City of Carlst determined it to be in the public interest to accei I) agreement; I I NOW, THEREFORE, BE IT RESOLVED by the City Council ~ City of Carlsbad, California, as follows: 1 14 15 GATEWAY, a California Corporation, regarding acquisii street easements in the City of Carlsbad which is on fil 24 ABSENT: None </I,,, Li ELL 1 I I I