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HomeMy WebLinkAbout1998-09-01; City Council; Resolution 98-289* z 0 0 # 1 ll RESOLUTION NO. 98-289 2 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CONTRACTS WITH ERNEST M. HIDALGO AND AVELINAHIDALGO, AND RONALD L. ROESCH FOR THE TEMPORARY CONSTRUCTION, DRAINAGE AND SLOPE EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE. CARLSBAD, CALIFORNIA, APPROVING RIGHT-OF-WAY ACQUISITION OF RIGHT-OF-WAY AND ASSOCIATED WHEREAS, the Catellus Residential Group (Developer), as a condition of approv; 7 for Carlsbad Tract 93-09 (Ocean Bluff) is conditioned to construct Poinsettia Lane fro, Aviara Parkway to Black Rail Road and Brigantine Drive from Poinsettia Lane to the Ocean BIL 8 9 project site (Project); and 10 WHEREAS, the City, pursuant to a reimbursement agreement with the Develop1 11 12 approved by City Council on May 19, 1998, agreed to assist the Developer in the acquisition the necessary rights-of-way for the Project pursuant to the terms of the agreement; and 13 WHEREAS, the Developer and the City's expropriation consultant, JANMAC, Inc., ha, 14 successfully concluded negotiations for acquisition of the required rights-of-way for the Proje across the Hidalgo and Roesch properties; and 15 I/ WHEREAS, JANMAC, Inc., has presented for Council approval Acquisition Agreemer 16 I I with the Hidalgo and Roesch property owners; and l7 11 WHEREAS, Council has previously appropriated adequate funds for the acquisition of t 18 required rights-of-way for Poinsettia Lane from the revenues derived from Bridge a I' Thoroughfare District No. 3; and 20 WHEREAS, the Developer has posted an adequate cash deposit with the City for 1 21 acquisition of Brigantine Drive. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb 23 California, as follows: 24 1. That the above recitations are true and correct. 2. That the Acquisition Agreements with Ernest M. Hidalgo and Avelina Hidalgo, ~ Ronald L. Roesch for the acquisition of right-of-way and associated temporary construct drainage and slope easements for the Project are hereby approved and the Mayor is authori to execute the agreements on behalf of the City. 25 26 27 28 t // e 1) .. 1 3. That the Finance Director is directed to prepare payments to the property owner 2 3 pursuant to the terms of the agreement and that the City Clerk is authorized to sign and attach th City's Certificate of Acceptance of the grant deeds and other easement documents and forwar the original executed Acquisition Agreements, deeds and easements together with th appropriate checks prepared by the Finance Department to JANMAC, Inc., for deposit into escro with First American Title Insurance Company. 4 5 f5 II 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc 8 held on the lSt day of September , 1998 by the following vote, to wit: 9 10 AYES: Council Members Lewis, Kulchin, Nygaard, Finnila & Hall NOES: None 11 ABSENT: None 12 13 14 I 5 11 AlTEST: 16 17 18 ant City Clerk 19 20 21 22 23 24 25 26 27 (SEAL) 28