HomeMy WebLinkAbout1986-12-09; City Council; Resolution 88991
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RESOLUTION NO. ,8899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY AND THE CITY OF CARLSBAD FOR THE
CONSTRUCTION OF A GRADE SEPARATION STRUCTURE
OVER THE ATCHISON, TOPEKA AND SANTA FE RAILROAD
AT AVENIDA BATIQUITOS.
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 and the City wish to proceed with the construction
of a grade separation over the Atchison, Topeka and Santa Fe Railroad in
satisfaction of the City imposed condition; and
WHEREAS, the City, as responsible jurisdiction, must receive approval from
California Public Utilities Commission (PUC) prior to the construction of the
said grade separation structure; 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.
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, an agreement between the City and Atchison, Topeka and Santa Fe
Railway Company regarding rights and liabilities of the parties during
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:onstruetion of a separation structure over the mainline tracks of The
\tchison, Topeka and Santa Fe Railway Company at Avenida Batiquitos.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
:ouncil held on the 9th day of December , 1986 by the following vote, to
vit:
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AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
ATTEST:
(SEAL)