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HomeMy WebLinkAbout1997-05-20; City Council; Resolution 97-669I W 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ' 27 28 I RESOLUTION NO. 97-669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN AGREEMENT. WHEREAS, Western Pacific Housing-Poinsettia, L.P. has submitted an agreeme the acquisition of street easements in the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the I interest to accept said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That the agreement from Western Pacific Housing-Poinsettia, L.P., reg; acquisition of street easements in the City of Carlsbad which is on file with the City Clerk I attached as Exhibit A, is accepted and the City Manager and City Clerk are hereby authl to execute said agreement thereafter. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 20th day of May , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSENT: Council Member Kulchin i I 1 ATTEST: 2,. ?& ALETHA L. RAUTENKRANZ, City Clerk ] I 1 (SEAL) Exhibit4 1 w AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND WESTERN PACIFIC HOUSING-POINSETTIA, L.P., REGARDING OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 93-3. This Agreement is made this lotMay of JUNE , 1997 by and between City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Wes Pacific Housing-Poinsettia, L.P., (called "Subdivider"). RECITALS A. Subdivider is required as a condition of Resolution No. 94-93 of City Counc the City of Carlsbad, approving a Mitigated Negative Declaration, Tentative Subdivi: Map (CT 93-03), Condominium Permit (CP 93-02), Site Development Plan (SDP 93 and Hillside Development Permit (HDP 93-02) for a 184 multi-family reside development between the City of Carlsbad and Western Pacific Housing-Poinsettia, L.F dedicate and provide certain improvements to wit: The acquisition and developmer Cassia Road. B. The acquisition and development of Cassia Road as an off-site improvemer the subdivision is essential to provide needed public facilities for the subdivision and to mit the public facilities burdens created by the subdivision. C. It is necessary that Subdivider secure said easement and install improven thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable to acquire by a negotiated purchase the req easements for street and other purposes for the subdivision, and request that the City as: the acquisition by exercise of the City's power of eminent domain. E. This Agreement is authorized by and is entered into pursuant to Sc 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code. I NOW, THEREFORE, in consideration of the mutual covenants contained herein 2 the recitals, it is mutually agreed by and between the parties as follows: MASTERS\FORMS\ EASEMENT ACQUISITION 1 REV. 02 I ll 1. Sub 'ZT wider agrees to pay the costs of retainm qualified attorney or attorr to prepare and file on behalf of the City all documents, pleadings and processes necessar acquire the required easements through an action in eminent domain. Said attornel attorneys will either be associated with the City Attorney in the eminent domain proceedin< will independently pursue the eminent domain action on behalf of the City, as the City it discretion determines. The attorney or attorneys shall be retained by the City and approve the City Attorney. 2. Subdivider agrees to bear all expenses, costs, fees, and charges, inch attorneys', engineers, appraisers or other professional services fees incurred or charge connection with the acquisition of the various property interests and the preparation prosecution of the eminent domain proceeding, and City shall assume no responsibility for 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 assume no financial responsibility in said eminent domain action and that as fL proceedings are required, outside counsel shall assume primary responsibility and directit any actions, subject to any necessary approvals of the City. The City agrees to cooperatt assist in commencing and prosecuting said condemnation action in an expeditious mann the purpose of completing same as soon as reasonably possible in accordance with appli laws. 4. Subdivider shall retain at its sole expense any appraiser, engineer or expert witness, as mutually agreed upon by Developer and City, to provide any nece appraisal, engineering or other information in a form suitable for use in connection wit1 condemnation proceedings. Any appraiser, engineer and other expert witness required st paid directly by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall upon demand pay all amounts, plus interest, as require( result of any judgment or settlement in payment for easements to be acquired. Cit) assume no responsibility for said payments. MASTERS\FORMS\ EASEMENT ACQUISITION 2 REV. 0 I w 6. The parties hereby agree to seek an order o m mediate possession for the property necessary for the improvements and facilities and related easements and comply ' the legal procedures necessary therefor. The Subdivider shall be responsible for the depos funds, posting of security, or payment of any costs associated with the order of immed possession. Funds for said payments shall be deposited with the City by Subdivider pric initiation of eminent domain proceedings. 7. City retains the right to assume primary responsibility for the subject litigatic any time and to prosecute it to completion with all costs, including attorneys' fees, to be b by the Subdivider. 8. Prior to initiation of eminent domain proceedings, and prior to the biddir awarding of contracts for any work or improvements on the easement, Subdivider shall, sole expense, retain a competent appraiser to estimate- the value of the easement and pos hundred ten percent (1 10%) of the estimated value with the City as a cash security del The City may at its discretion, use this cash security deposit to satisfy any legal oblig: created by this agreement. Subdivider acknowledges that the cost of acquisition and legal obligations of Subdivider may substantially exceed the estimated value and acknowlc that it will pay all amounts due under this agreement, even if the amount due exceed amount of the cash deposit. 9. It is understood that prior to the initiation of any eminent domain proceedi: will be necessary for the City in its sole discretion to adopt a resolution of necessity f acquisition of the property and to make the necessary findings as required by law. City E to use due diligence in processing the matter to hearing before the City Council in or ensure compliance with the time limits established by Section 20.16.095 of the C; Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees tha //r Ill I// Ill MASTERS\FORMS\ EASEMENT ACQUISITION 3 REV. ( (1 failure by the City t F comply with the time limits, however, a not cause an invalidation of condition of the tentative map or relieve the Subdivider of any obligation hereunder. Executed by Subdivider this day of , 1997. I1 SUBDIVIDER: WESTERN PACIFIC HOUSING- POINSETT~, L.P. (name of $&divider) I l44 bd c- I. !. ’ *> ” Ap Li%f gflc“c /yd n49,’ylg @-enera f ZVfmY I IN- +cz&; (title and organization of signatory) By: J J (sign here) CITY OF CARLSBAD, a munic corporation of the State of California By: &\% MARTIN ORENYAK for City Manager (title and organization of signatory) (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporatic only one officer signs, the corporation must attach a resolution certified by the secret; assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: L RONALD R. BALL City Attorney By: I MASTERS\FORMS\ 4 REV. 0 EASEMENT ACQUISITION -. .~ w .. 0 I .I f' ALL PURPOSE ACKNOWLEDGMENT < State of Caliprnia County of Jf) DL!@ On 4.9bIM . before e, Lfjki .L OqM, , .Notary Public personally appeared I fl a pmwrWyknownlame (or priove$%o m!!n tk: b&T?of satisfactory evidence td be the person61 whose name&) is are subscribed to the within in ment and acknowledged to be that P&?e/p executed the same in I /her/their authorized capacity(ies1, and at by hi her/their signature(s1 on the q nstrument the person(s1, or the entity upon be f of which he person(s1 acted, executed the instrument. WITNESS my hand and official seal. LORI L. CRIF 1, w W UNANIMOUS WRITTEN CONSENT' OF THE BOARD OF DIRECTORS OF AP LHI, Inc., a California corporation The undersigned, being all of the Directors of AP LHI, Inc., a California corporation (the "Corporation"), take the following action by written consent without a meeting, in accordance with Section 307(b) of the California General Corporation Law and the bylaws of this Corporation: WHEREAS, the Corporation is the managing general partner of Western Pacific Housing - Poinsettia, L.P., a California limited partnership (the "WPH"); and WHEREAS, WH has acquired that certain parcel of real property described on Exhibit "A" attached hereto (the "Property") and intends to engage in certain land enhancement activities for the purposes of construction single family housing, townhouses and condominiums for sale thereon including the zoning and rezoning of such Property and the designing and redesigning of residential improvements to be constructed thereon (the "Project"); and WHEREAS, in order to commence and complete the planned development of the Project WPH must obtain certain permits and approvals from various governmental agencies and regulatory bodies. NOW, THEREFORE, BE IT RESOLVED, that Craig A. Manchester as duly elected Vice President and Assistant Secretary, and Lance Waite as duly elected Vice President of this Corporation are, and either one of them acting alone hereby is, authorized, empowered, and directed in the name and on behalf of the Corporation as the managing general partner of WPH to take all actions, and execute, delivery file and record any and all instruments, agreements, and documents as may be required or as'such office may deem necessary, advisable or proper in connection with obtaining all governmental and regulatory approvals and consent for the development and sale of the Project. The grant of authority herein includes, but is not limited to, the right to contact and interact with, from time to time or on an on-going basis, as applicable any and all local, municipal, state andor federal governmental agencies andor regulatory bodies in order to obtain all building permits and other governmental authorizations necessary for WPH's development of the Project to finalize all tract and subdivision maps and to submit appropriate applications to and obtain approvals from the Department of Real Estate and to take all other actions in connection therewith. IN WITNESS WHEREOF, the undersigned have executed this consent as of February 1, 1997, and direct that it be filed with the minutes of meetings of the Board of Directors. ; mA-L,a /h ,Lil& Eugene S. nfeld, Director 1 Jdichael S. Wecker, Director