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HomeMy WebLinkAbout1993-06-22; Housing & Redevelopment Commission; 231; Streetscape Phase VHOUSING AND -“L’DEVELOPMENT COMMISWW - AGENDA BILL UTHORIZATION TO EXPEND FUN FOR RIGHTS-OF-WAY ACQUISITION RECOMMENDED ACTION: That the Housing and Redevelopment Commission adopt Resolution No. 229 authorizing expenditure of funds for acquisition of rights-of-way for streetscape Phase V. ITEM EXPLAbJATION: At your meeting on March 16, 1993, the Commission authorized staff to proceed with the final design for the Streetscape Phase V Enhancement Project. The Project requires the acquisition of rights-of-way from private property owners. To date, all necessary rights-of-way have been acquired voluntarily with the exception of a piece fronting the Carl’s Jr. Restaurant. Staff has negotiated with the private property owner, Mr. Greg Losa, but to date have been unsuccessful in obtaining the rights-of-way. The City Council has been requested to initiate eminent domain proceedings for acquisition of rights-of-way necessary for the street construction. The Housing and Redevelopment Commission needs to take action authorizing expenditure of funds by the City Council for the acquisition of the rights-of-way. Cost of the rights-of-way plus court costs is estimated at $65,000. Funds are available in the Streetscape Phase V Project Account and are from Redevelopment Tax Increment Bonds. FISCAL IMPACT The Streetscape Project is funded from Redevelopment Tax Increment Bonds. Estimated costs for the eminent domain acquisition are $65,000. Funds are available in the Project Account No. 81 l-820-1880-3347. EXHIBITS 1. Housing and Redevelopment Commission Resolution No. 2% 7 authorizing expenditure of funds for rights-of-way acquisition fo; Streetscape Phase V. -- RESOLUTION NO. 777 1 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 2 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING EXPENDITURE OF REDEVELOPMENT FUNDS FOR 3 RIGHTS-OF-WAY ACQUISITION FOR STREETSCAPE PHASE V 4 5 WHEREAS, the Housing and Redevelopment Commission proposes to improve Carlsbad 6 Village Drive in the City of Carlsbad, hereinafter referred to as “the Project”; and 7 WHEREAS, the Project requires the acquisition of certain real property interests; and 8 WHEREAS, the City Council of the City of Carlsbad may exercise the right of eminent 9 domain for acquisition of real property interests therein for street, slopes, drainage facilities, 10 temporary construction easements and other purposes pursuant to the California Streets and 11 Highway Code, Section 4090, and the Government Code, Sections 37350, 37350.5 and 12 37353; and 13 /I WHEREAS, the Housing and Redevelopment Commission finds it necessary to fund the 14 15 16 17 18 19 acquisition of certain real property interests for construction of the Project; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed project. 20. 3. That the proposed project is planned and located in a manner which will be most 21 compatible with the greatest public good and the least private injure. 22 4. That certain real property interests are necessary for the proposed project. 23 5. That the City Council of the City of Carlsbad, California has taken action for 24 initiation of eminent domain proceedings to acquire the necessary real property rights-of-way. 25 6. That sufficient funds exist from the Redevelopment Tax Increment Bond with funds 26 available in the Project Account to acquire necessary rights-of-way. 27 7. That the Commission authorizes the expenditure of up to $65,000 for the 28 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 If 17 1C 19 2c 21 22 22 24 25 26 27 28 acquisition of necessary real property rights-of-way. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Housing and Redevelopment Commission held on the 22nd day of JUNE , 1993bythe following vote, to wit: AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard, Finnil NOES: None ABSENT: None ATTEST: 2