HomeMy WebLinkAbout1997-10-21; City Council; 14387; SETTLEMENT OF LAWSUIT ENTITILED CITY V. BONS, CASE NO. N75877-1 REGARDING POINSETTIA HILL~, 8 d II .- , f i -., , ~ .. >f
CITY OF CARLSBAD - A NDA BILL ', [ib, ,'
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CITY MGR. DEPT. CA
ClTY ATTY. CASE NO. N75877-1 REGARDING POINSETTIA HlLL MTG. 10/21/97
DEPT. HD. TITLE: SEITLEMENT OF LAWSUIT ENTITLED CITY V. BONS ,
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I RECOMMENDED ACTION:
Adopt Resolution No. 9 3 - 647 settling this lawsuit. I ITEM EXPLANATION:
At its meeting of Tuesday, August 26, 1997, the City of Carlsbad adopted Re:
Necessity No. 97-573 approving the condemnation of real property necessar
construction of Cassia Road west of El Camino Real regarding the Poinsettia Hill de\
The developer, Western Pacific Company, and property owners, Anthony and Dicky
Bons, have reached an agreement and settled the matter pursuant to the letters date
2, 1997 and October 3, 1997, attached to Resolution No. 9 3 -644 as Exhibits
respectively. The parties are aware that title is to be transferred free and clear of al
encumbrances, and that a joint use agreement or some similar arrangement will b
with SDG&E prior to the consummation of this matter.
FISCAL IMPACT:
None to the City. Western Pacific Company will pay all costs and fees
EXHIBIT;
I. Resolution No. 9 9 - 6 44 8.
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October 16, 1997
Gregory J. Smith r.
San Diego County Recorder
Post Office Box 1750
San Diego, CA 921 12-4147
Enclosed for recordation is the following described document:
Petition, Waiver, and Consent to Creation of a Facility Impact Fee Program and
Agreement to Pay Fair Share Cost of Cannon Road West and Agreement for
Reimbursement of Costs for the Construction of Improvements for Cannon
Road West
Project No. 3 184
e.
Also enclosed are instructions on how the City is to be billed for the recordation fees incurred.
Thank you for your assistance in this matter. &$ac Assistant City Clerk
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Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-2808