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HomeMy WebLinkAbout1986-12-09; City Council; Resolution 88981 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 l& 19 2c 21 22 22 24 25 2E 27 2e RESOLUTION NO. 8898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN SAMMIS PROPERTIES AND THE CITY OF CARLSBAD FOR THE CONSTRUCTION OF THE AVENIDA BATI4UITOS BRIDGE OVER THE ATCHISON, TOPEKA AND SANTA FE RAILROAD. WHEREAS, the City of Carlsbad has required Sammis Properties, as developer of the Batiquitos Lagoon Educational Park (Carlsbad Tract 85-37 and Carlsbad Tract 85-38), to construct Avenida Batiquitos over the Atchison, Topeka and Santa Fe Railroad; and WHEREAS, the developer wishes to proceed with the construction of a bridge over the Atchison, Topeka and Santa Fe Railroad in satisfaction of the City imposed condition; and WHEREAS, the City, as responsible jurisdiction, must obtain approval of the California Public Utilities Commission (PUC) prior to the construction of said bridge; and WHEREAS, a prerequisite to obtaining PUC approval is execution of an agreement between the City and Atchison, Topeka and Santa Fe Railway Company regarding rights and liabilities of the parties during construction of the bridge; and WHEREAS, the City desires to have the developer assume certain of the construction responsibilities related to the construction of the bridge as provided in the Atchison, Topeka and Santa Fe Railway Company agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Mayor is hereby authorized to execute on behalf of the City of Carlsbad, a Supplemental Agreement between said City and Sammis Properties regarding construction of a separation structure over the mainline tracks of i E z 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The Atchison, Topeka and Santa Fe Railway Company at Avenida Batiquitos. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City , 1986 by the following vote, to Council held on the wit: 9th day of December - AYES: NOES : None ABSENT: None Council Members Lewis, Kulchin, Pettine and Mamaux 23 24 25 26 27 e ,. LtWlS, Mayor ATTEST: :SEAL) 28