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Home My WebLink About1987-02-17; City Council; Resolution 89671 2 3 4 5 6 7 a 9 10 11 1% 12 14 1: 1E 17 1€ 1C 2c 21 2; 2; 21 2: 2( 2: 2t RESOLUTION NO. 8967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DARTHRON ASSOCIATES REGARDING THE ACQUISITION OF PUBLIC STREET EASEMENTS ON WINTERGREEN STREET (FORMERLY FOREST AVENUE. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Darthron Associates regarding acquisition of public street easements on Wintergreen Street (formerly Forest Avenue), marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of February , 1986 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City C1ef.k (SEAL) J AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FIRST DARTHRON ASSOC REGARDING THE A c QUTSTT'TDNTF-~TKTTI~EN T s FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-33 This Agreement is made this /*day of 19-27 by and between the City of Carlsbad, California, a municipal corportinn (hereinafter called llCityl') and FIRST DARTHRON ASSOCIATES (called llSubdivider"). RECITALS A. Developer is required as a condition of Resolution No. 8197 - of the City Council of the City of Carlsbad, approving -- a 77 unit tract map and planned unit development(PUD74- ~X~~~~.*~~~~~ to dedicate anci provide certain improvements to wit: B. The acquisition and development of Dubximet right-of -way as an off-site improvement for the subdivision is essential to provide needed public facilities for the subdivision and to mitigate the public facilities burdens created by the subdivision. C. It is necessary that Subdivider secure said easement and install improvements thereon and in accordance with specifications of the City of Carlsbad. -2- D. Subdivider has been unable to acquire by a negotiated purchase the required easements for street and other purposes for the subdivision, and requests that the City assist in the acquisition by exercise of the City's power of eminent domain. E. This Agreement is authorized by and is entered into pursuant to Section 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the state Government Code. 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. . Subdivider agrees to retain on behalf of the City a qualified attorney or attorneys 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 attorney or attorneys 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. The attorney or attorneys shall be approved by the City Attorney and subdivider agrees not to replace the attorney or attorneys without the City Attorney's consent. The City Attorney's approval or consent shall not be unreasonably withheld. 2. Subdivider agrees to bear all expenses, costs, fees, and charges, including attorneys', engineers, appraisers or other . , 0 -3- professional service fees incurred or charged in connection with the acquisition of the various property interests and the preparation and prosecution of the eminent domain proceeding, and City shall assume no responsibility for said amounts. There shall be no charge for City staff time associated with this project. 3. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said eminent domain action and that as further proceedings are required, outside counsel shall assume primary responsibility and direction of any 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 expeditious manner for the purpose of completing same as soon as reasonably possible in accordance with applicable laws. 4. Subdivider 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 connection with said condemnation proceedings. Any appraiser, engineer and other expert witness required shall be paid directly by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall pay all amounts, plus interest, as required as a result of any judgment or settlement in payment for /7 -4- easements to - be acquired. City shall assume no responsibility for said payments. 6. The parties hereby agrees to seek an order of immediate possession for the real property necessary for the improvements and facilities and related easements and comply with the legal procedures necessary therefor. The subdivider shall be responsible for the deposit of funds, posting of security, or payment of any costs, associated with the order of immediate possession. 7. City retains the right to assume primary responsibility for the subject ligitation at any time and to prosecute it to completion with all costs, including attorneys' fees, to be borne by the Subdivider. 8. It is understood that prior to the initiation of any eminent domain proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessity for the acquisition 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 Subdivider herein. City agrees to use due diligence in processing the matter to hearing before the City Council in order to ensure compliance with the time limits established by Section 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the state Government Code. Subdivider agrees that any failure by the City to comply with the time limits, however, shall not cause an c I X' e -5- invalidation of any condition of the tentative map or relieve the subdivider of any obligation hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF CARLSBAD A Municipal Corporation of the State of California ALETHA L. RAUTENKRANZ, City SUBDIVIDER FIRST DARTHRON ASSOCIATES .... - e within instrument as ron behalf of the corporation therein