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Home My WebLink About1986-10-28; City Council; Resolution 8859. RESOLUTION NO. 8859 A RESOLUTION OF THE CITY OF CARLSBAD TION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR AUTHORIZING AND DIRECTING THE CONDEMNA- WHEREAS, the Carlsbad City Council has previously adopted Resolution No. 7956, approving with conditions Site Development Plan No. 84-5, and requiring the developer to provide offsite road easements for Palmer Way and the Barbour Connection easterly of El Camino Real and to construct offsite roads within said easements in conjunction with the development of its property known and designated as Carlsbad Gateway Center; and WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the acquisition of real property or interests therein for street and other purposes pursuant to California Streets and Highways Code Section 4090 and Government Code Sections 37350, 37350.5 and 37353; and WHEREAS, the real property or interests therein sought to be acquired for the proposed project are located within the territorial limits of the City of Carlsbad; and WHEREAS, the real property or interests therein sought to be acquired are necessary for the proposed project; and WHEREAS, the City of Carlsbad has established the amounts which it believes to be the just compensation for the hereinafter described real property or interests therein sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has offered to the owners of said real property or interests therein the full amount established as just compensation for said real property or interests therein sought to be acquired; and WHEREAS, the City of Carlsbad has provided said owners of said real property or interests therein a written statement of and summary of the basis for the amount established as just compensation for the real property or interests therein sought to be acquired; and RESOLUTION NO. 8859 -1 - WHEREAS, a reasonable length of time has expired since the date of the offer to the owners of the real property or interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by the City of Carlsbad as just compensation ; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section 1245.235, the owners of the real property or the interests therein sought to be acquired whose names and addresses appear on the current equalized County Assessment Roll, have been sent a Notice of Intention to Adopt a Condemnation Resolution, and have been provided with an opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure, Section 1240.030. NOW, THEREFORE, be it resolved that the City Council of Carlsbad finds and determines, and hereby declares that: The public interest and necessity require the proposed project. The proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury . The real property or interests therein, hereinafter described in this Resolution, are necessary for the proposed project. The proposed project is a matter of public necessity. The use of all and each and every part of said hereinafter de- scribed real property or interests therein for the use and purposes of the proposed project is a public use and a use authorized by law. The public interest and necessity require that the property or interests therein, hereinafter described in this Resolution, be taken. BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asaro E Keagy (hereinafter "special counsel") be, and is, authorized and empowered, and directed in the name of the City of Carlsbad to acquire by donation, purchase, or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain the hereinafter described interests in real property; To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said hereinafter described real property, or any part thereof, for the proposed project. RESOLUTION NO. 8859 -2 - To make an application to said court for an order determining the amounts of money to be deposited as security for the payment of the just compensation which will be made for the taking of the real property or any part thereof, or interests therein necessary for the proposed project and any damage incident thereto, and to make application to said court for an order permitting the City of Carlsbad to take immedi- ate possession of and to use said real property and part thereof, or interests therein, sought to be condemned for the proposed project; The real property referred to in this Resolution is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the parcel descriptions attached hereto and marked Exhibit "A". PASSED, APPROVED AND ADOPTED by the members of the Carlsbad City Council at a regular meeting held on the 28th day of OCTOBER, 1986. R MARY H. CASLER, Mayor ATTEST: -2- ~RAUT EN K RAN z , City Clerk DK :MDDCT3/100786a RESOLUTION NO. 8859 -3 - 0 5-0 6- 86 10-03-8 6 Revised LEGAL DESCRIPTION ROAD EASEMENT DE LORM PROPERTY That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 823 in the office of the County Recorder of said County lying within that certain 11.00 acre parcel of land as shown on Record of Survey Map No. 10421 in the office of said County Recorder described in Parcels as follows: Parcel 1: Commencing at the Southwesterly terminus of that certain course shown as Y3outh 75°35T44f7 West 845.84 feet" for a portion of the Southeasterly line of said 11.00 acre parcel of land; thence North 75°35f447t East 674.08 feet along said Southeasterly line to the TRUE POINT OF BEGINNING, said point being the beginning of a non-tangent curve, concave Southwesterly, having a radius of 344.00 feet, a radial line to said point bears North 25O59'27" East; thence Northwesterly 2.37 feet along said curve through a central angle of 0°23'43"; thence North 64°24116" West 464.19 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 664.00 feet; thence Northwesterly 45.61 feet along said curve through a central angle of 3°56'0971 to the beginning of a compound curve, concave Southeasterly, having a radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve through a central angle of 84O24'41" to the beginning of a reverse curve, concave Northwesterly, having a radius of 396.00 feet; thence Southwesterly 214.01 feet along said curve through a central angle of 30°57T517r to a line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 58O12'45" West 103.67 feet along said parallel line to the most Southwesterly line of said 11.00 acre parcel; thence along said Southwesterly line and said Northwesterly line, the following courses: North 21°32f35*7 West 73.17 feet and North 58°12'45T7 East 394.34 feet to the beginning of a non-tangent curve, concave Southwesterly, having a radius of 736.00 feet, a radial line to said curve bears North 23°46Y5ff East, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above as being concave Southwesterly and having a radius of 664.00 feet; thence Southeasterly 23.44 feet along said curve through a central angle of 1°49'29?? to a line parallel with and Northeasterly 72.00 feet from that certain course described above as "North 64°24f16r1 West 464.19 feet"; thence South 64°24f16tt East 464.19 feet along said last mentioned parallel line to the beginning of a tangent curve, concave Southwesterly, having a radius of 416.00 feet, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above as being concave Southwesterly and having a radius of 344.00 feeto; thence Southeasterly 79.62 feet along said curve through a central angle of 10 57t59yf to said Southeasterly line; thence South 75°35'44'r West 100.21 feet along said Southeasterly line to the true point of beginning. Corporate Office 17782 Sky Park Blvd. Irvine, California 92714 7141261-2222 Inland Empire Office 1630 E. Francis St., Ste. B /r Qptario, Ca!ifornia 91761 714/947-0447 San Diego County Office 5375 Avenida Q##mE%e. Carlsbau. California 92008 619/438-4332 LEGAL DESCRIPTION-CONTINUED ROAD EASEMENT DE LORM PROPERTY PAGE TWO 84136 05-06-86 Revis e d 10-0 3- 8 6 Parcel 2: Commencing at the Southwesterly terminus of that certain course shown as 'Y3outh 75'35'44" West 845.84 feet" for a portion of the Southeasterly line of said 11.00 acre parcel of land; thence North 75'35'44" East 674.08 feet along said Southeasterly line to the beginning of a non-tangent curve, concave Southwesterly, having a radius of 344.00 feet, a radial line to said point bears North 25°59127'1 East; thence Southeasterly 295.58 feet along said curve through a central angle of 49'13'50'; thence South 14°46T43f1 East 173.01 feet to the beginning of a tangent curve, concave Westerly, having a radius of 964.00 feet; thence Southerly 35.35 feet along said curve through a central angle of 2'06'04" to a line parallel with and Westerly 36.00 feet from the Easterly line of Parcel 1 as shown on Parcel Map No. 10060 in the office of said County Recorder; thence South 12°40r39rr East 125.00 feet along said parallel line to the Northwesterly corner of the land described in the deed to the City of Carlsbad recorded May 11, 1982 as File No. 82-139475 in the office of said County Recorder; thence North 77°19121" East 36.00 feet along the Northerly line of said last mentioned land to a point on the Easterly line of said Parcel 1, said point being the TRUE POINT OF BEGINNING; thence North 12°40139n West 473.83 feet along said Easterly line to the beginning of a non-tangent curve, concave Southwesterly having a radius of 416.00 feet, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above as being concave Southwesterly and having a radius of 344.00 feet, a radial line to said curve bears North 55'42'43" East; thence South- easterly 141.65 feet along said curve through a central angle of 19O30'34"; thence South 14°4614371 East 173.01 feet to the beginning of a tangent curve, concave Westerly, having a radius of 1036.00 feet; thence Southerly 37.99 feet along said curve through a central angle of 2°06104T' to a line parallel with and Easterly 36.00 feet from said Easterly line; thence South 12°4@f39Tf East 132.59 feet along said last mentioned parallel line to the beginning of a tangent curve, concave Westerly, having a radius of 536.00 feet, said curve being the Northerly continuation of that certain curve shown as being concave Westerly and having a radius of 536.00 feet for the most Westerly line of Parcel 2 as shown on Parcel Map No. 11573 in the office of said County Recorder; thence Southerly 3.61 feet along said curve through a central angle of 0'?23'10" to the most Southerly line of said 11.00 acre parcel; thence North 85'22'52" West 37.69 feet along said most Southerly line to the true point of beginning. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. -..-- #..* .. *..:. '. ...... .a**( ..... .... ,. - . ....:. ..... .. .... ...... Rewserr' 9-25-84 f WILLIAMSQN".o.SCHMlD COIllYLI NO , . *, 1.1Q5 rv3 .LY, S,S"E"O"S 17782 SKY PARK BOULEVARD IRVINE, CALIFORNIA 92714 (714) 261-2222 APPROV&D BY A t 2.. .. * .. .. *. .t .-. .. .. .. .. JOB NO. Liz- . A k'\ ', /I t I :* WILLIAMSON @%SCHMID COntui' "0 c Y L EM0 LllE'I .)ig LANO SUPVEIORS 17782 SKY PARK BOULEVARD IRVINE, CALIFORNIA 92714 (714) 261-2222 ACCROVLD BY 84136 0 6-1 1-8 6 Revised 10-03-86 LEGAL DESCRIPTION SLOPE EASEMENTS DE LORM PROPERTY That portion of Lot B of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, as shown on Map KO. 823, in the office of the County Recorder of said County, lying within that certain 11.00 acre parcel of land 8s shown on Record of Survey Xiap No. 10421, in the office of said County Recorder, described in parcels as follows: Parcel A: Commencing et the Southwesterly terminus of that certain course shown as TtSouth775035'44T! West 845.84 feet" for a portion of the Southeasterly line of said 11.00 acre parcel of land; thence North 75°35144r1 East 574.08 feet along said Southeasterly Line to Point "A", said point being the TRUE POINT OF BEGINNING, said point being also the beginning of a non-tengent curve, conceve Southwesterly, having a radius of 344.00 feet, a radial line to said pint bears North 25°59r27rr East; thence Northwesterly 2.37 feet along said curve through a central angle of 0°23!43"; thence North 64O24'16" West 464.19 feet to the beginning. of a tangent curve, concave Southwesterly having a radius of 664.00 feet; thence Northwesterly 45.61 feet along said curve through a central angle of 3°56'09w-to the beginning of a compound curve, concave Southesterly having a radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve through a central angle of 84°24T41tf to the beginning of 8 reverse curve, concave Northwesterly having a radius of 396.00 feet; thence Southwesterly 214.01 feet along said curve through a central angle of 30°57t51'1 to a line perellel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 5892t45Tt West 103.67 feet dong said perallel fine to the most Southwesterly Line of said 11.00 acre parcel; thence South 2lo3ZT35" East 42.06 feet along said most Southwesterly line; thence North 18°0Sf35r1 East 14.59 feet; thence North 4??5Ot2Ow East 175.42 feet to the beginning of 8 tangent curve, concave Northwesterly having a radius of 403.00 feet, said curve being concentric with and Southeasterly 7.00 feet from that certain curve described above 8s being concave Northwesterly and having a radius of 396.00 feet; thence North- easterly 143.00 feet along said curve through a centrel angle of 20019'53" to the beginning of a reverse curve, concave Southeasterly heving a radius of 12.00 feet; thence Northeasterly and Southeasterly 17.85 feet along said CWVe through 8 central angle of ss013t52t!; thence South 67"15'41" East 128.02 feet; thence South 61°j2120T? =t 339.52 feet; thence South 17°06'05n West 16.25 feet to said Southeasterly line; thence North 75O35'44" East 56.10 feet dong sait Southeasterly line to the true point of beginning. -_ -_ Corporate Office 17782 Sky Park Blvd. Imine, California 92714 714Q61.2222 inland. Empire Office 1630 E. Francis St., Ste. 8 Ontario. Cai:fornia 91761 714/9$7-0L47 SZn Diego County Office 5375 Avenida Encinas. Ste. c Carlsbaz. California 92008 619,4384332 LEGAL DESCRIPTION-CON_TINUED SLOPE EASEMENTS DE LORM PROPERTY PAGE TWO 84136 06-11-86 Revised 10-0 3- 8 6 Parcel 5: Commencing at Point nA1l described above; thence North 75'35'44" East 100.21 feet dong said Southeasterly line to the TEUE POINT OF BEGINhmG; thence continuing North 75*35'44* East 10.57 feet along said Southeasterly me; thence North 55'34'55" West 37.92 feet; thence North 65°34'17'1 West 49.78 feet; thence North 57'57'46'' West 62.39 feet; thence North 66°06'06w West 135.06 feet; thence North 67'48'39'' West 84.15 feet; thence North 5991'04'' West 164.87 feet; thence North 36q8r10T1 West 26.46 feet to said most Northwesterly line; thence South 5872*45'l West 35.42 feet along said most Northwesterly Line to the beginning of a non-tangent curve, concave Southwesterly having a radius of 736.00 feet, said curve being concentric with and Northeasterly 12.00 feet from that certain curve described above 8s being concave Southwesterly and having a radius of 664.00 feet, a radial line to said curve bears North 23'46'15" East; thence South- easterly 23.44 feet along said curve through a central angle of 1'49'29" to a line parallel with wid Northeasterly 72.00 feet from that certain course described above as "North 64°24'16Tf West 464.19 feet"; thence South 64'24?16" Wt 464.19 feet dong said parallel Line to the beginning of 8 tangent curve, concave South- westerly having a radius of 416.00 feet, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above 8s being concave Southwesterly and having a radius of 344.00 feet; thence Southeasterly 79.62 . feet along said curve through a central angle of 1O05f'59" to the true point of beginning. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. . i --: . . n---- SCALE: /"=/Or7 ' DRAWN BY f 84136 0 5- 0 7-8 6 Revised 10-0 3-8 6 LEGAL DESC RIPTIO N ROAD EASEMENT WRISLEY PROPERTY That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of CaliforniR, as shown on Map No. 823 in the office of the County Recorder of said County described as follows: Commencing at the Southwesterly terminus of that certain course shown as '!South 75'35'44" West 845.84 feet" for a portion of the Southeasterly line of that certain 11.00 acre parcel of land as shown on Record of Survey Map No. 10421 in the office of said County Recorder; thence North 75°35144rf East 674.08 feet along said Southeasterly line to the beginning of a non-tangent curve, concave South- westerly, having a radius of 344.00 feet, a radial line to said curve bears North 25'59'27'' East; thence Northwesterly 2.37 feet along ssid curve through a central angle of 0'23'43"; thence North 64°24'16Tt West 464.19 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 564.00 feet; thence Northwesterly 45.61 feet along said curve through a central angle of 3°56r09Tf to the beginning of a compound curve, concave Southeasterly, having a radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve through a central angle of 84'24'41r1 to the beginning of a reverse curve, concave Northwesterly, having a radius of 396.00 feet; thence Southwesterly 214.01 feet along said curve through a central angle of 3Oo57'5lfT to a line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 58°12'451T West 103.67 feet along said parallel line to the most Southwesterly line of said 11.00 acre parcel; thence along said Southwesterly line and said Northwesterly line, the following courses: North 21°32f35rv West 73.17 feet and North 58'12'45" East 90.66 feet to the TRUE POINT OF BEGINNING; thence continuing North 58°12f45rf East 303.68 feet to the beginning of a non- tangent curve, concave Southwesterly having a radius of 736.00 feet, a radial line to said curve bears North 23'46'15" East, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above as being concave Southwesterly and having a radius of 664.00 feet; thence Northwesterly 32.15 feet along said curve through a central angle of 2'30110rr; thence North 68'43'55" West 100.00 feet to the beginning of a tangent curve, concave North- easterly, having a radius of 344.00 feet; thence Northwesterly 6.65 feet along said curve through a central angle of 1°C!6f25fT; thence South 22°22T307t West 72.00 feet to the beginning of a non-tangent curve, concave Southwesterly, having a radius of 20.00 feet, a radial to said curve bears North 22022'30Tf East; thence Corporate Office 17782 Sky Park Blvd. Irvine, California 92714 714/261-2222 Inland Empire Office 1630 E. Francis St.. Ste. B Ontario, California 91761 7141947-0447 San Diego County Office 5375 Avenida Encinas, Ste. C Carisbac. California 92008 6191438-4332 LEGAL DESCRIPTION-CONTINUED ROAD EASEMENT WRISLEY PROPERTY PAGE TWO 84136 05-07-86 Revised 10-03-86 Southeasterly and Southwesterly 33.88 feet along said curve through a central angle of 97'04'17" to the beginning of a compound curve, concave Northwesterly, having a radius of 324.00 feet, said curve being concentric with and Northwesterly 72.00 feet from that certain curve described above and being concave North- westerly and having a radius of 396.00 feet; thence Southwesterly 162.67 feet along said curve through a central angle of 28'45'58" to the true point of beginning. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. WlLLlAMSON@~SCHMID conidir ho c Y L CNO YEFRS r*i LI~D SL~RVEYDRS 17782 SKY PARK BOULEVARD WINE, CALIFORNIA 92714 (714) 261-2222 ACCROVID DY A 13 p .-. .. .. . .* .. :.. =:a- :-. .. .. :- . .. .. .. -*.. 3 I .=" '... 5 5.: <> ;'a,. .. \ A- I DRAWN BY That 3rtic LEGAL DESCRIPTION SLOPE EASEMENTS WRISLEY PROPERTY 84136 Revised 06-11-86 10-03-86 of Lot B of the Rancho Ana Hedionda..in the City Isbad, County of San Diego, State of CaliforGa, es shown on Vep hTo.-823, in the office of the County Recorder of said County, described in parcels es follows: ~ .. -. f CE -- Parcel A: Commencing at the Southwesterly terminus of that certain course shown as "South 75O35'44'' West 845.84 feet" for a portion of the Southeesterly line of that certain 11.00 acre parcel of land as shown on Record of Survey ??ap No. io421 in the office of said County Recorder; thence North 75O35'44" East 674.08 feet dong said Southeasterly fine to the beginning of a non-tangent curve, concave Southwesterly, having a radius of 344.00 feet, a radiel line to said curve . bezrs North 25°59127" East; thence Northwesterly 2.37 feet along said curve through a central angle of 0°23143r7; thence North 64°24'16n West 464.19 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 664.00 feet; thence Northwesterly 45.61 feet along said curve through a central angle of 3"56'09" tc the beginning of a compound curve, concave Southeesterly, having a radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve through a central angle of 84°24141r1 to the beginning of a reverse curve, concave Northwesterly, having a radius of 396.00 feet; thence Southwesterly 214.01 feet along said curve through a central angle of 30°57151" to a Line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 58O12'45" West 103.67 feet dong said p&raLlel Line to the most Southwesterly line of said 11.00 acre parcel; thence dong said South- westerly line and said Northwesterly line, the following courses: North 21'32'35" \$'est 73.17 feet and North 5812WTT East 394.34 feet to the TRUE POINT OF BEGINNING, said point being on a curve, concave Southwesterly having a radius of 736.00 feet, said curve being concentric with and Northeasterly 72.00 feet from that certain curve described above 8s being concave Southwesterly and having a radius of 664.00 feet, a radial line to s&d curve bears North 23'46'15" East; thence Northwesterly 32.15 feet along said curve through 8 central angle of 2°30'151f; thence North 68°43'55tT West 93.41 feet to Point "A", said point being the beginning of a non-tmgent curve, concave Southerly having a radius of 40.00 feet, e radial line to said curve bears North 16°43f55n West; thence Easterly 21.76 feet along said curve through a central angle of 31?Or21"; thence South 75'33'34" East 74.06 feet; thence South 5527'33" East 17.42 feet; thence North 8798'54" East 41.89 feet to said most Northwesterly line; thence South 5892'45" West 38.42 feet along said most Northwesterly line to the true point of beginning. Corporate Office 17782 Sky Park 6lvd. Imine, California 92714 7141261.2222 Ir,!and Empire Office 1630 E. Francis St., Ste. B Ontario, C2i:iornia 91761 774@$7-04$7 San Diego County Office 5375 Avenida Encinas, Ste. C Carlsbac. California 92008 619;438-4332 LEGAL DESCRIPTION-CON~~NUED SLOPE EASEMENTS M'rPiSLEY PROPERTY PAGE TWO 84136 0 6-1 1-8 6 Revised 1603-86 Parcel B: Commencing at Point ??An described above; thence North 68'4355" West 6.59 feet along the Westerly prolongation of that certain course described above es Worth 68D43155w West 93.41 feet" to the beginning of 8 tangent curve, concave Northeasterly having a radius of 344.00 feet; thence Northwesterly 6.65 feet along said curve through a central angle of 1a06t25n; thence South 22?22'30n West 72.00 feet to the TRUE POINT OF BEGINNING, said point being the beginning of a non-tangent curve, concave Southwesterly having a radius of 20.00 feet, a radial line to said curve bears North 22*22'30Tt East; thence Southeasterly 33.88 feet along ssid curve through a central angle of 97°04'1?tt to the beginning of e compound curve, concave Northwesterly having a radius of 324.00 feet, said curve being concentric with and Northwesterly 72.00 feet from that certain curve described-Bbove 8s being conceve Northwesterly and having a radius of 396.00 feet; thence Southwesterly 162.67 feet along said curve through a central angle of 28°45'58r1 to said most Northwesterly line; thence South 5892'45'' West 90.66 feet along said most Northwesterly line to said most Southwesterly line; thence h'orth 21'3Z135" West 24.00 feet along the Northwesterly prolongation of said most Southwesterly line; thence North 63*20t28" East 152.34 feet; thence North 26°50158r7 East 113.80 feet to the true point of beginning. Subject to covenants, conditions, reservations, restrickom, rights of way and easements, if any, of record. ". IRVINE, CALIFORNIA 9m4 m4) 261-2222