HomeMy WebLinkAbout2001-05-15; City Council; Resolution 2001-146RESOLUTION NO. 2001-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING
THE EXECUTION OF TWO ENCROACHMENT AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND LB/L-CONCORDIA
CARLSBAD-19 LLC, THAT ALLOW THE CONSTRUCTION OF A SLOPE IN EXISTING CITY RIGHT-OF-WAY.
WHEREAS, the Planning Commission approved on December 15, 1999 the subdivision
7 and development of property located at the southeasterly corner of the intersection of El Camino
8 Real and Carlsbad Village Drive, known as CT 99-08 Spyglass II; and
9 WHEREAS, existing El Camino Real right-of-way encumbers a portion of the property
IO within the subdivision boundary; and
11 WHEREAS, the design of the subdivision requires the construction of a slope that
12 encroaches into a portion of the El Camino Real right-of-way; and
13 WHEREAS, the portion of the El Camino Real right-of-way impacted by the proposed
14 slope is outside the existing 126-foot wide road alignment and is excess right-of-way that may be
1s vacated or quitclaimed following state code mandated procedures; and
16 WHEREAS, environmental approval for the subdivision was granted via a Mitigated
17 Negative Declaration by the Planning Commission on December 15, 1999; and
18 WHEREAS, LB/L-Concordia Carlsbad-19 LLC, a Delaware limited liability company, the
19 owner and developer, has requested that the City issue an encroachment permit allowing the
20 construction of the slope on the existing excess right-of-way; and
21 WHEREAS the encroachment permit may be issued if encroachment agreements that
22 protect the City’s interests are executed by the City and the developer and recorded; and
23 WHEREAS Concordia has agreed to increase its participation for the construction of a
24 traffic signal at the intersection of Carlsbad Village Drive and Avenida de Anita/Appian Road from
25 25% to 50%.
26 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad,
27 California, as follows:
28 1. That the above recitations are true and correct.
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1 2. That the two encroachment agreements between the City and LB/L-Concordia
2 Carlsbad-19 LLC, copies of which are attached, are hereby approved.
3 3. That the Mayor is hereby authorized to execute, on behalf of the City, the two
4 encroachment agreements with LB/L-Concordia Carlsbad-19 LLC, a Delaware limited liability
5 company.
6 4. That the City Clerk is hereby authorized to cause the executed agreements to be
7 recorded in the Office of the County Recorder of San Diego County, State of California.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of May , 2001 by the following vote, to
wit:
AYES: Counicl Members innila, Nygaard and Hall.
(SEAL)