HomeMy WebLinkAbout1999-12-07; City Council; Resolution 99-513-m * /I 0 0 1
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RESOLUTION NO. 99-5 l3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ACQUISITION/REIMBURSEMENT AGREEMENT WITH SHEA HOMES FOR THE REALIGNMENT AND CONSTRUCTION OF CARLSBAD BOULEVARD THE ACQUISTION OF CITY FEE OWNED PROPERTY ALONG POINSETTIA LANE AND APPROPRIATING
PLANNING AREA 8. ADDITIONAL FUNDS FOR CT 97-22, POlNSElTlA PROPERTIES,
7 WHEREAS, Shea Homes (Shea) and Fieldstone Communities (Fieldstone), in accorda
with conditions of approval for Carlsbad Tract 97-22, Poinsettia Properties, Planning Are;
(PA 8) and Carlsbad Tract 99-02, Poinsettia Properties, Planning Area 7 (PA 7) are obligs
to realign and improve Carlsbad Boulevard (Improvements) along their respective pro,
frontages; and
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l2 Shea and Fieldstone frontages; and
WHEREAS, Shea has agreed to take the lead on completing the Improvements for
13 WHEREAS, by completing the Improvements, Shea will be conducting work outside tl
14 frontage requirement for the benefit of the public; and
15 WHEREAS, Shea is requesting that City Council approve the Acquisition/Reimburserr
16 Agreement (Agreement) for reimbursement for these Improvements; and
WHEREAS, Shea desires to begin construction of Improvements in fiscal year 1999-20 17
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18 WHEREAS, an additional $200,000 is required to fund the reimbursement; and
WHEREAS, Shea must acquire City fee owned real property to be in conformance v 19
20 their approved tentative map; and
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22 Properties Specific Plan (SP), which PA 8 is apart of; and
WHEREAS, the acquisition of this real property was contemplated in the Poinse
23 WHEREAS, Shea shall acquire this real property at fair market value as determined by
24 MA1 appraiser; and
25 WHEREAS, by previously approving the SP, City Council made the determination that t
26 real property acts as excess right of way for Poinsettia Lane and as currently exists is not of E
benefit to the public; and 27
WHEREAS, the relinquishment of this real property will result in approximately 15,t
28 square feet of land being returned to the tax rolls and thereby benefit the public; and
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1 WHEREAS, this real property provides no public purpose, would not be useful a!
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non-motorized transportation facility or provide usable access to adjoining properties; and
WHEREAS, this real property has not been maintained as a public right of way fc
period of five years or more; and 4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb 5
California, as follows:
6 I. That the above recitations are true and correct;
2. That the Acquisition/Reimbursement Agreement by and between Shea Homes i
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3. That pursuant to Streets and Highways Code 38334, this fee title real property I 10
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the City is hereby approved and the Mayor is authorized to sign said agreement on behalf of
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11 acted as excess right of way and is not required for street purposes and is hereby relinquished;
12 4. That the Mayor is hereby requested and authorized to sign the deed relinquish
13 said real property on behalf of the City;
14 5. That the City Clerk is hereby directed to record the grant deed in the Office of '
County Recorder, San Diego, California; 15
6. From the date that the deed is executed by the Mayor this real property acting
16 excess right of way no longer constitutes public land; and,
17 7. That the Finance Director is hereby authorized to transfer $200,000 from
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the project account. l9
General Fund balance to the General Capital Construction fund and appropriate this amount
20 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cour
21 held on the 7th day of DECEMBER , 1999 by the following vote, to wit:
22 is, Hall, Finnila, Nygaard, Kulchin
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(SEAL)