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HomeMy WebLinkAbout2002-09-24; City Council; Resolution 2002-2891 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 RESOLUTION NO. 2002-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE A REIMBURSEMENT AGREEMENT WITH REDEEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD FOR THE GRADING OF POINSETTIA LANE REACH C, PROJECT NO. 3673. WHEREAS, the City of Carlsbad proposes to construct Poinsettia Lane Reach C, Black Rail Road to just west of Ambrosia Lane, pursuant to City Project No. 3673; and WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad (the "Developer") is the Developer of the City approved project known as Carlsbad Tract 00-22, Redeemer by the Sea (the "Project"); and WHEREAS, the Developer desires to commence grading operations and construction for the Project and construction of grading for Poinsettia Lane Reach C in advance of the City constructing the roadway and utility improvements for Poinsettia Lane Reach C; and WHEREAS, the Developer has agreed to construct portions of the Poinsettia Lane Reach C project including full-width grading and drainage facilities for Poinsettia Lane Reach C as shown on Drawing No. 379-6 (the "Improvements") provided that the City reimburse the Developer for such improvements; and WHEREAS, the City Engineer has determined that having the Poinsettia Lane Reach C grading and drainage improvements constructed by Developer will expedite the construction of Poinsettia Lane Reach C; and WHEREAS, the City Council finds that upon obtaining a grading permit for the Project, the Developer may enter into the reimbursement agreement for grading and drainage improvements for Poinsettia Lane Reach C, (the "Agreemenf'), a copy of which is attached hereto; and WHEREAS, adequate funds to reimburse the Developer for constructing the full-width grading and drainage improvements for Poinsettia Lane Reach C exist as a result of the fees collected pursuant to the Bridge and Thoroughfare District No. 2. Ill 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the reimbursement agreement is hereby approved. 3. That upon issuance of a aradina permit to the Developer for the Proiect, the Mayor is hereby authorized to execute the agreement with Redeemer by the Sea Lutheran Church of Carlsbad, a California non-profit religious corporation. 4. That the City Clerk is hereby authorized to cause the executed agreement to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of SEPTEMBER , 2002 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall NOES: None Kulchin, Nygaard (SEAL) THE REIMBURSEMENT AGREEMENT HAS NOT BEEN FULLY SIGNED. PLEASE REFER TO 289 RESOLUTION NO. 2002- ITEM NO. 3.