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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, ,' AB# / y, ,383 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 , - 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. 5 s E ( i __/ "2 ,:' "i -7 ,- I ,A- \. -I \, . 'T ~ 1' //-,, /( ,/-IL c ! I.. i;(/,c /].-di,L ' / d 7i.L " L% -.... ,/!" ..i. ,c &~,.L.,,[,!'" j p" L.\,,,f?-$ i,'?., j I I j " ?J., 4 ./ LC. : ->-& y " t 0 .- 2 + - I- o c 3 0 0' * 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 KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-2808