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Home My WebLink About1987-02-17; City Council; 8890; AGREEMENT BETWEEN CITY AND FIRST DARTHRON ASSOCIATES FOR CONDEMNATION OF PROPERTY ON WINTERGREEN STREET (FORMERLY FOREST AVENUE)| CT 84-33k3 LtJ 2 8 Elc: a a. < .. z I- o 2 a G A z 3 0 o CITWF CARLSBAD - AGENDWILL Dl ASSOCIATES FOR CONDEMNATION OF PROPERTY ON CI (CAR1 SBAD TRAC C' WINTERGREEN STREET (FORMERLY FOREST AVENUE) T 84-33) AB#--o TITLE: AGREEMENT BETWEEN CITY AND FIRST DARTHRON MTG. - 32/17/87 - D EP1r.L- RECOMMENDED ACTION: Adopt Resolution No. 89s7 approving an agreement between tl- Carlsbad and Darthron Assoclates regarding the acquisition of pub1 easements on Wintergreen Street (formerly Forest Avenue). ITEM EXPLANATION As a condition to the approval of Carlsbad Tract 84-33, the deb required to improve Wintergreen Street (formerly Forest Avenue) existing terminus south to the southerly boundary of the above subdivision. A portion of Wintergreen Street (formerly Fore: crosses the land owned by Dr. Sarkaria. The owner of the subject property (Dr. Sarkaria) has been coni attempts have been made to purchase the required easements for the way. The agreement provides that the developer will pay all the necesi incurred with the condemnation proceedings. Upon approval of the , the City will work with the developer to retain an attorney, order report, and retain an appraiser. FISCAL IMPACT None. E XH I B I T S 1. Location Map 2. Resolution No. 179L 7 approving an agreement between t Carlsbad and Darthron Associates regarding the acquisit ior street easements on Wintergreen Street (formerly Forest Avenue 3. Letter of Intent dated April 3, 1986. 4. Letter of efforts to contact Dr. Sarkaria. I LOCATION MAP PROJECT NAME: DR€5- Ai. AcqQSITioN PROJ. NO. crw-3 7~ 8 resolve as follows: 1. That certain agreement between the City of Carlsbad I' l2 l3 hereby approved. 2. That the Mayor of the City of Carlsbad is hereby ac I directed to execute said agreement for and on behalf of the City 41 . 0 e AGREEMENT AN AGREEMEN1 BETWEEN THE CITY OF CARLSBAD AND FIRST DARTHRON ASSOC REGARDING THE A C 4 UmTla%mmmE N T S F 0 R STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-33 - This Agreement is made this /yeday of 19-y7 by and between the City of Carlsbad, Califor rnurticipal corportinrr (hereinafter called "City") FIRST DARTHRON ASSOCIATES (called "Subdivider"). RECITALS A. Developer is required as a condition of Rest No. 8197 - of the City Council of the City of Carlsbad, apr -- a 77 unit tract ma13 and planned unit development(PUD74$~~ *X&XEXXK*$d*&$&*&& to dc anci provide certain improvements to wit: 8. The acquisition and development of Dubli- right-of-way as an off-site improvement subdivision is essential to provide needed public facilit the subdivision and to mitigate the public facilities created by the subdivision. C. It is necessary that Subdivider secure said e and install improvements thereon and in accordanc specifications of the City of Carlsbad. 0 a .. I. 0. Subdivider has been unable to acquire negotiated purchase the required easements for street ani purposes for the subdivision, and requests that the City in the acquisition by exercise of the City's power of domain. E. This Agreement is authorized by and is enter pursuant to Section 20.16.095 of the Carlsbad Municipal C Section 66462.5 of the state Government Code. NOW, THEREFORE, in consideration of the mutual cc contained herein and of the recitals, it is mutually a< and between the parties as follows: 1, Subdivider agrees to retain on behalf of the qualified attorney or attorneys to prepare and file on be the City all documents, pleadings and process nece! acquire the requireld easements through an action in domain. Said attorney or attorneys will either be as: with the City Attorney in the eminent domain proceeding, independently pursue the eminent domain action on behal City, as the City in its discretion determines. The att attorneys shall be approved by the City Attorney and su agrees not to replace the attorney or attorneys without Attorney's consent. The City Attorney's approval or shall not be unreasonably withheld. 2. Subdivider agrees to bear all expenses, cost . and charges, including attorneys', engineers, appraisers - 3 0 e professional service fees incurred or charged in connectj the acquisition of the various property interests : preparation and prosecution of the eminent domain proceed: City shall assume no responsibility for said amounts shall be no charge for City staFf time associated w project. 3. It is understood and agreed that even th City is party plaintiff, it shall assume no f responsibility in said eminent domain action and that as proceedings are required, outside counsel shall assume responsibility and direction of any actions subject necessary approvals of the City. The City agrees to c and assist in commencing and prosecuting said condemnatio in an expeditious manner for the purpose of completin! soon as reasonably possible in accordance with applicablc 4. Subdivider shall retain at its sole exf appraiser, engineer or other expert witness, as mutual: upon by Developer and City, to provide any necessary ai engineering or other information in a form suitable fc connection with said condemnation proceedings. Any a engineer and other expert witness required shall be paid by Subdivider. City shall assume no responsibility payment. 5. Subdivider shall pay all amounts, plus ink required as a result of any judgment or settlement in pa , 0 e easements to be acquired. City shall assume no respons for said payments. 6. The parties hereby agrees to seek an o immediate possession for the real property necessary improvements and facilities and related easements and comp the legal procedures necessary therefor. The subdivider s responsible for the deposit of funds, posting of secur payment of any costs associated with the order of ir possession. 7. City retains the right to assume responsibility for the subject ligitation at any time prosecute it to completion with all costs, including att fees, to be borne by the Subdivider. 8. It is understood that prior to the initiatior eminent domain proceedings, it will be necessary for the its sole discretion to adopt a resolution of necessity acquisition of the property and to make the necessary fin( required by law. The adoption of a resolution of necessil be a condition precedent to any obligation of the Sui herein. City agrees to use due diligence in procesi matter to hearing before the City Council in order tc compliance with the time limits established by Section 2 of the Carlsbad Municipal Code and Section 66462.5 of t Government Code. Subdivider agrees that any failure by to comply with the time limits, however, shall not L .. I .. s .. 0. 0 e .+ invalidation Of any condition of the tentative map or reliev subdivider of any obligation hereunder. IN WITNESS WHEREOF, the parties hereto have exe this Agreement on the day and year first above written. DATED:w7 CITY OF CARLSBAD A Municipal Corporation of the State of California Jd//&~ / by: /(J7 , , -,/cfn 5 LAUDE A. &WIS =, Mayor ATTEST: &AJAR& A ETHA L. RAUTENKRANZ, SUBDIVIDER FIRST DARTHRON ASSOCIATES INC GENERAL PARTN: b~Y :/ Vkfl7 --.~ - ~. _- 0 proved to me on the basis Of Satisfactory evidence to be the person(s) who executed the within instrument as j-&ps -As< ~t&=vi'r~#,/ Oron behalf of the CorPol 1.y crflg, ypires !!.X X, I3l ,; ___~=~-~-~--,z;il~=--~~\ e I. ' I e Ai RICK ENGINEERING COMPANY pA'iiA~Nc'IN~Lc~~sG~~TpENRTsS 365 SO RANCHO SANTA FE ROAD SUITE 100 SAN MARCOS, CALIFORNIA 92069 619/744-4800 April 3, 1986 KECEIVEI Mr. Gene Donovan City Engineer C/O Mr. David Hauser CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ~p; Q 3 :'3fj6 CITY OF CARLSBAD ENGINEERING DEPARTME RE: VISTA DE LA VALLE, CARLSBAD TRACT 84-33 (JOB NO. 9065-B) Dear Mr. Donovan: We are currently preparing final engineering plans for tk project. Condition numbers 40, 42 and 48 requi right-of-way dedication and construction of the pub1 street (Forest Drive) including a portion through an ad! cent owner's property. Pursuant to Section 20.16.095 of the Carlsbad MuniciE Code, we wish to commence proceedings for right-of-a acquisition. The developer of this project has made numt ous attempts to contact the adjacent owner, but has bc unsuccessful. We have contacted an appraiser who is preparing a propo to do a preliminary st-udy and appraisal. You will be rece ing a copy of this proposal. Enclosed is a copy of the tentative map with t right-of-way requiring acquisition highlighted. A: enclosed is a letter describing the attempts made by subdivider to acquire the property. Exhibit ' page 1 01 T * e Mr. Gene Donovan RE: VISTA DE LA VALLE April 3, 1986 Page Two We are preparing a legal description and plat map of t property to be acquired. We will be submitting this alo with a title report, executed agreement and other back- information. We will be submitting this information to y( shortly. Sincerely, %& Cra g K hlen +/-- -dz-AQ-- CK:als/4108A Enclosure Copies to: Art Harris FIRST DARTHRON & ASSOCIATES Robert C. Ladwig RICK ENGINEERING COMPANY Exhibit "3' page 2 of > 3! !j Q' J a&.$ % 0 'Q e ll-ri jj&& .I .I4 03 00 0 0 # I I I I -1 I I