Loading...
HomeMy WebLinkAbout1980-03-04; City Council; Resolution 60951 3 4 6 7 E s 1C 13 1' 21 2 2 2 2 2 2 2 2 RESOLUTION NO. 6095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LAKE CALAVERA HILLS ASSOCIATES REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES TO BE KNOWN AS THE TAMARACK AVENUE EXTENSION, PROVIDING ACCESS TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE LAKE CALAVERA HILLS MASTER PLAN AREA AND TO SERVE A SEWAGE TREATFENT AND RECLAMATION FACILITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California loes hereby resolve as follows: 1. That the certain agreement between the City of larlsbad and Lake Calavera Hills Associates for acquisition )f certain road, sewer and other easements, to be known as :he Tamarack Avenue extension, providing access and certain services to other subdivisions located within the City of Zarlsbad, a copy of which is attached hereto as Exhibit A md made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is authorized to execute said agreement for and on behalf of the City of Jarlsbad. PASSED, APPROVED AND ADOPTED BY the City Council of the Zity of Carlsbad, California at a regular meeting held on /// /// /// /// /// /// the 4th day of March , 1980 by the following vote, to wit: AYES: NOES: None Councilmen Packard, Skotnicki, Anear, Lewis and Counci 1 woman Cas1 er ATTEST : (SEAL) 2. *. 0 RESOLUTION NO. 6095 0 EXHIB1 a LUCE, FORWARD, HAMILTON & SCRIPPS POST OFFICE BOX 789 3150 PIO Pic0 DR.VE CARLSBAD. CALIFORNIA 92008 (714) 439- 5200 February 6, 1980 Norman L. Vetter, Esq. FEIST, VETTER, KNAUF & LOY 810 blission Avenue, Suite 300 P. 0, Box 240 Oceanside, California 92054 Re: Your client: Virgi.nia Tamarack Avenue Ex tension Acquisition Dear Mr. Vetter: At the Carlsbad City Council meeting of Tuesday, February 5, 1980, the City Council considered the request of Lake Calavera Hills Associates for initiation of eminent domain proceedings for the acquisition of the Tamarack Avenue Extension purs~znt to my letter to the City of December 28, 1979, a copy of which was forwzzded to you, moticn agreed that the City will assist in the acquisition of the rsszired rights of way and directed its staff to assi.st in procezdings preparatory to eminent domain. The City Council by mintate I think you will agree that eminent domain will be costly to all involved and should be avoided if at all possible, The purpose of this letter is to transmit once again Lake Calavera Hills Associates' proposal for acquisition from your client of the required rights of way for the Tamarack Avence Sxtension, reversible force main and related facilities and pslic utilities pursuant to the conditions imposed by the Cizy in Calavera Hills Tract No, 76-12 and in the Sewage Trea5zer.t Facility Precise Development Plan. La!ke Calzvtra Hills Associates offers to purchase the requiise rights $cZ wzy for the sum indicated by the appraisal prepare: zy AzSerz-~n & Brabant, Inc., to wit $214,000. Lake Calav2ra Bills Associates is prepared to pay said sum in cash, or in the farm set forth in Mr, Ward's letter to the Robertsons of July 5, 1979, or in such other form as can reasonz5ly be agreed upon by the parties for your clients' tax or other benefits, 7. . -' .,IPPS LUCE, FORWARD. HAMILTON 6, >. Norman L. Vetter, Esq. February 6, 1980 Page 2 e Under the circumstances of the many previous contacts throuch your office regarding this proposal and in view of the r"e5ruary 5, 1980 City Council directions to its staff to iEitlate proceeding preparatory to eminent domain, it is necessary that we have your clients' reply to this proposal no later than Thursday, February 14, 1980, i ~ --- I' .> .- ('Very eruly ~OUTS, i i .-- \ \ Of LUCE, FORWARD, HAMILTON & SCRIPPS RWR:rn cc: Dan Hentschke, Esq. E!r. Roy Ward 'f P .- AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LAKE CALAVERA HILLS ASSOCIATES REGARD- ING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES TO BE KNOWN AS THE TAMARACK AVENUE EXTENSION, PROVID- ING ACCESS TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE LAKE CALAVERA HILLS MASTER PLAN AREA AND TO SERVE A SEWAGE TREATMENT AND RECLAMATION FACILITY. This Agreement is made this Ath date of Ld 1 1980 by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Lake Calavera Hills Associates, a California Partnership (hereinafter called "Developer"). RECITALS: A. Developer is required as a condition of Resolution No. 5145 of the City Council of the City of Carlsbad, approving with conditions, Tentative Map (CT 76-12) to dedicate and provide certain improvements for the extension of Tamerack Avenue from El Camino Real to certain property known as Lake Calavera Hills. B. The acquisition and development of Tamerack Avenue extension as an off-site improvement for the Lake Calavera Hills area as defined in Master Plan 150-A, as approved by the City Council in Ordinance No. 9571, is essential to provide access to that area as well as to other surrounding areas, including a Sewage Treatment and Reclamation Facility. C. It is necessary that Developer secure said easement and install improvements thereon and in accordance with specifica- tions of the City of Carlsbad. h ... s. (:. '. De Certain portions of the Tamarack Avenue extension are necessary for Developer to meet conditions imposed by the Precise Development Plan for the development of a sewage treatment and reclamation facility and all necessary appurtenances as approved by Resolution No. 5871 of the City Council of the City of Carlsbad. E. Developer has been unable to acquire by a negotiated purchase the required easements for street and other purposes for the Tamarack Avenue extension. F. The City Council of the City of Carlsbad has by minute motion determined that it will lend whatever assistance it deems necessary including future exercise of its power of eminent domain to assist in the acquisition of the Tamarack Avenue extension easement. G. Following said action by the City Council, Developer again offered to acquire said easements for the full market value. 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. Developer agrees to retain outside counsel, Luce, Forward, Hamilton & Scripps, 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 outside counsel 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. Further, 'Developer agrees not to replace Luce, Forward, Hamilton & Scripps without the City's consent, which will not be unreasonably withheld. - 2- . .' I , 2. Developer agrees to pay directly all expenses, costs, fees, and charges, including atto-rneys' fees for Luce, Forward, Hamilton & Scripps incurred or charged in connection with both the preparation and prosecution of the eminent domain proceeding, and City shall assume no responsibility for said payments. Provided however, there shall be no charge for City staff time. _a 3. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said condemnation action and that as further proceedings are required, outside counsel shall assume primary responsibility and direction of any condemnation 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 expedi- tious manner for the purpose of completing same as soon as reason- ably possible in accordance with applicable laws. 4. As required, Developer 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 con- nection with said condemnation proceedings. Said appraiser, engineer and any other expert witness required shall be paid directly by Developer. City shall assume no responsibility for said payment. 5. Developer shall pay all amounts, plus interest, as required by the Court in payment for easements to be acquired. City shall assume no responsibility €or said payments. 6, Developer hereby agrees to seek an order of immediate possession for the real property necessary for the Tamarack Avenue extension and related easements and comply with the legal -3- P ... .... procedures necessary therefor, including deposit of funds or posting of S~CUE ity. 7. -City retains the right to assume primary responsibility for the subject litigation at any time and to prosecute it to completion with a11 costs, including attorneys' fees, to be borne by the Developer. 8. It is understood that prior to the initiation of any condemnation proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessity for the acquisi- tion of the property and to make the necessary findings as required by law. condition precedent to any obligation of the Developer herein. The adoption of a resolution of necessity shall be a IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corpora- tion of the State of California BY RONALD C. PACKARD, Mayor ATTEST: STATE OF CALIFORNIA } ss. COUNTY OF San Diego on~Jf=raa- said State, personally appeared-RQY J, Ward-- --- - - --- --- -- -- -- -- - -- -- --- -- -- -- -, before me, the undersigned, a Notary Public in and for -___ -- --- PES, a Partner procedures necessary therefor, posting of security. including deposit of funds or 7. City retains the right to assume primary responsibility for the subject litigation at any time and to prosecute it to completion with all costs, including attorneys’ fees, to be borne by the Developer. 8. It is understood that prior to the initiation of any condemnation proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessity for the acquisi- tion 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 Developer herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corpora- tion of the State of California BY Dated:-b&, b. I%rb d-- RONALD C. PACKARD, Mayor ATTEST: LAKE CALAVERA HILLS ASSOCIATES, a California Partnership Assistant City Attorney -4- . -.