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Home My WebLink About1991-12-10; City Council; Resolution 91-3961 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. 91-396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY THEREOF WHEREAS, the City of Carlsbad, California, proposes to improve Palomar Road/lnterstate 5 Interchange in the City of Carlsbad, hereinafter referred to as "the p and WHEREAS, the project requires the acquisition of certain real property interes WHEREAS, the City of Carlsbad, California, may exercise the right of eminent I for the acquisition of real property interests therein for streets, slopes, drainage k temporary construction easements and other purposes pursuant to the California Stre Highway Code, Section 4090, and the Government Code, Sections 37350,37350.5 and and WHEREAS, the plans for the project within the City of Carlsbad are on file in th of the City Engineer of the City of Carlsbad; and WHEREAS, on January 16,1990, CALTRANS, the lead agency, certified a cat< exemption for the project; and WHEREAS, on November 20, 1991, the Carlsbad Planning Commission i Resolution No.3322 making findings of General Plan Consistency for the Project; an WHEREAS, the real property or interests therein sought to be acquired are within the territorial limits of the City of Carlsbad, California, and are necessary proposed project; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Ci California has offered to the owners of said real property or interests therein the full established as just compensation for said real property or interests therein sougt acquired; and 1 2 3 4 5 6 7 8 9 lo 'I. I.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the City of Carlsbad, California has provided said owners of saic property or interests therein a written statement and summary of the basis for the an established as just compensation for the real property or interests therein sought acquired; and WHEREAS, a reasonable length of time has expired since the date of the offer ' owners of the real property or interests therein sought to be acquired, and the owners failed to favorably respond to the offers of the amounts established by the City of Car as just compensation; and WHEREAS, pursuant to the provisions of the California Code of Civil Procl Section 1245,235, the owners of the real property or interests therein sought to be ao whose names and addresses appear on the current equalized COUNTY ASSESSMENT have been sent a NOTICE OF INTENTION TO ADOPTA CONDEMNATION RESOLUTJOI have been provided with an opportunity to appear and be heard on the matters refer in California Code of Civil Procedure, Section 1240.030; and WHEREAS, sufficient funds have been appropriated by the City Council of the 1 Carlsbad, California, to be deposited with the court in the amount of the aforementionec of the real property or interests therein sought to be acquired; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the ( Carlsbad, California which finds, determines and hereby declares: 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed project. 3. That the proposed project is planned and located in a manner which will b compatible with the greatest public good and the least private injury. 4. That the real property or interests therein, hereinafter described in this Res( is necessary for the proposed project. 1 2 3 4 5 6 7 8 9 10 x' 12 13 14 15 16 17 18 19 z0 21 22 23 24 25 26 27 28 0 0 5. That the proposed project is a matter of public necessity. 6. That the use of all and each and every part of said hereinafter describe( property or interests therein for the use and purposes of the proposed project is a publi and use authorized by law. 7. That the public interest and necessity require that the property or interests tt hereinafter described in this resolution, be taken. 8. That the law firm of Asaro and Keagy, hereinafter referred to as "Special Co be, and is , authorized, empowered and directed, in the name of the City of Carlsb acquire by donation, purchase or condemnation, in accordance with the provisions Code of Civil Procedure of the State of California related to eminent domain, the here described interests in real property. 9. That Special Counsel is authorized and directed to prepare and prosecute name of the City of Carlsbad such suit or suits in the proper court having jurisdiction i as are necessary to condemn, take and acquire said hereinafter described real propc any part thereof, for the purposed project. 10. That Special Counsel is authorized and directed to make an application ' court for an order determining the amounts of money to be deposited as security taking of the real property or any part thereof, or interest therein, necessary for the prc project and any damage incident thereto, and to make application to said court for a permitting the City of Carlsbad to take immediate possession of and to use said real p and part thereof, or interests therein, sought to be condemned for the proposed pro 11. That Special Counsel is authorized and directed to make deposit for such : for such rights-of-way out of proper funds under the control of the City of Carlsbal amount determined by the court in the manner directed by the court. 12. That Special Counsel is authorized and directed to incur on behalf of thc Carlsbad all reasonable and necessary expenses in the prosecution of a suit or 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 condemn said real property. 13. That the real property referred to in this resolution is situated in the C Carlqbad, County of San Diego, State of California, and is more particularly described parcel descriptions identified in attached Exhibit "A" incorporated by reference and m part hereof, 14. That the City Council of the City of Carlsbad, California, hereby authorize approves deposit with the court, funds for the acquisition of real property or interests t consistent with the intent of this Resolution. 15. That the Mayor, of the City of Carlsbad, California is hereby authorized 1 necessary documents on behalf of the City for acquisition of said rights-of-way. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C December held on the loth day of , 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard & St None NOES: ABSENT: None c ATTEST: ll-&LtLde- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) T 7 Ex1 The City of Carlsbad bB/Palornar Alrport Road Interchange Widening Boyle Engineering Corporation Legal Description for Slope Easement No. 2 A portion of a parcel in 8 Grant Deed File/Page 84-192630 recorded on May 23, 1984 in the office of the County Recorder, in the County of San Diego, State of Cal!forn;a and shown on Record of Survey 6960 as recorded in said county located in a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California more particularly described as follows: BEGINNING at the northeast corner of a parcel described in Grant Deed File/Page 84- 192630 and Record of Survey 6960, said point also being the northwest corner of Parcel 1 of P.M. No. 15386 as recorded in above said county; Thence South 05 ' 32'59" West 20.00 feet along the easterly line of the parcel described in said Grant Deed 84-192630; Thence North 45'54'03" West 32.1 1 feet to the northerly line of said parce! (84-192630) and the southerly line of Palomar Airport Road; Thence South 84'25'48" East (North 84'28'34" West as shown on Caltrans L.O. Map No. 3773) 25.1 1 feet to the POINT OF BEGINNING. The above described portion containing 251 square feet more or less. This easement is temporary and will expire on December 31, 1993 or at the end 01 construction, whichever comes first. k c k2,c* -7 .--- % - END OF CALTRANS ACCESS CONTROL N45’54’03”W 32.1 1 ’ SLOPE EASEMENT NO. 2 AREA=251 SQ FT ? - R. 0. S. 6 9 6 0 ACCORDING TO THE W THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, CALIFORNk - LEGEND NOTE: BEARINGS & DISTANCES AS SHOWN P.M. 15386 OR CALCULATED THERf m1 INDICATES ABUTTERS’ RIGHTS OF A RELINQUISHED PER GRANT DEED T( STATE OF CALIFORNIA REC. JUNE ‘ AS FILE NO. 108756, O.R. - CITY OF CARLSBAD PALOMAR AIRPORT ROAD LANDS AND RIGHTS OF WAY 0 10 20 30 40 50 2 A.P.N. 2 10- 100-07 PROJECT 5/6/91 I SCALE: 1”=50’ PROJECT NO. SD-C17 PARCEL NO. cxmm 0 0 c_ The City of Carlsbad 1-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation Legal Description for Temporary Construction Easement No. 3 A strip of land, 6.00 feet of even width, being a portion Parcel 2 of Parcel Map No. 6022, be partion of Lot H of Rancho Agua Hedionda, according to the map thereof No. 823 situal the City of Carlsbad, County of San Diego, State of California as filed in the office of the CI Recorder of said county. The westerly line of said strip of land being more partic described as follows: BEGINNING at the most southerly corner of said Parcel 2; Thence North 26' 52'59" West (North 26 o 52'59" West as shown on Caltrans Right-of-way Lo. 3771) 142.00 feet along the westerly line of said parcel; Thence North 13" 56'29" West 223.22 feet along the westerly line of said parcel to the northerly corner of said Parcel 2 and the POINT OF TERMINUS. The easterly line of said strip shall lengthen or shorten as to begin on the southeasterly li said parcel and extend to the northerly line of said parcel containing 2149 square feet mc less. This easement is temporary and will expire on December 31, 1993 or at the end of constru whichever comes first. ,0\4AC LA/,$. . h;;.'! cc\;<. ., &'\ 4 No. 6458 );g XI Ex9 12,'31/94 , ,, cy \!x\? (3;; /.. a , . 'I 7-F7y =& '. -- - p%3F I PALOMAR AIRPORT ROAD LANDS AND RIGHTS OF WAY A.P.N. 21 1-040-27 PROJECT .. PARCEL NO. 5/6/91 I SCALE: 1” = 50’ PROJECT NO. SD-C ,~ cxniuix 0 0 The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation Legal Description for Temporary Construction Easement No. 4 That portion of Parcel 3 of Parcel Map No. 6022, being a portion of Lot H of Rancho A Hedionda, according to the map thereof No. 823 situated in the City of Carlsbad, County of Diego, State of California as filed in the office of the County Recorder of said county, r~ particularly described as follows: A strip of land, 6.00 feet of even width, lying Northeasterly of the Southwesterly line of Parcel 3. The Southwesterly line of said strip shall immediately adjoin the Southwesterly lit- said Parcel 3. The sidelines of said strip shall lengthen or shorten as to terminate on the Northwesterly lir said Parcel 3 and on the Southeasterly line of said Parcel 3 containing 1,149 square feet r or less. This easement is temporary and will expire on December 31, 1993 or at the end of construc whichever comes first. S D-C 17-200-58 r... . -__ .. .. '.. .. '_. .. rf. '_ I' .: .. .\ S'! . ' ..I .- .. c fla . .. .-. 7-4-g/ .. ' . . .. . ._. ./ ''a,<.-_ _: -' . . -._ ___ A.P.N. 21 1-040-27 PROJECT PARCEL NO. PROJECT NO. -. - 0 0 Ex1 The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation Legal Description for Right-of-way Take No. 1 Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot 'H' of Rancho P Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to No. 823, filed in the office of the County Recorder of San Diego County, November 16, ' and recorded September 16, 1988 as File No. 88-467980 of Official Records. BEGINNING at the northwesterly corner of said Parcel 1; Thence South 84 "25'48' East (North 84 O 28'34" West as shown on Caltrans Right-of-way Lo. 3773) 109.32 feet along the northerly line of said Parcel 1; Thence South 62"07'37" East 21.45 feet along the northeasterly line of said Parcel 1, tc line bears North 13 o 21 '58" East; Thence westerly 83.63 feet along said curve, through a central angle of 06"42'54" tc beginning of a reverse curve, concave to the North, having a radius of 2557.42 feet, a radis through said beginning of reverse curve, bears South 06 o 39'04' West; Thence westerly 41.15 feet along said curve through a central angle of 0 O 55'19"; Thence North 77 " 34'39" West 4.73 to the POINT OF BEGINNING. Said portion of Parcel 1 containing 309 square feet, more or less. This conveyance is made for the purposes of a freeway and the grantor hereby release: relinquishes to the grantee any and all abutter's rights of access, appurtenant to grai remaining property, in and to said freeway. . point of cusp with a cuwe concave Southerly having a radius of 713.58 feet, to which a I SD-Cl7-200-54/cap /$!X! LA&+. /; ,'.+ a/,.-.\ ..y----<:- Y!kQ.-. I ,Y)!>$ /[Z( ;!:, ;:(:!;[: I dw -. \*..?:*\-<*,:,;.. '.,,C -, .- c Q <, /, cc-:;;/;:- .? .!ax#/ +-* *y \* 4.t ?! , -< ; 1 8:: 1: \,A,.\ f-"'. E!,> j7;:.-., ; ;i i;' - --. .,.., ;:, .. '&X ' .;',p;.>.,, I.. 7- 9+v, < ( fi. .-,/,,, \,q!L:.-',J/ -;" *..-#+* - - - ioh 'J 7 w .-n - - -4-a - - __-- - - bio - N* - I-22 - - - - .c 0 0 Ex1 / The City of Carlsbad I -5/ Palo mar Air port Road Interchange Widening Boyle Engineering Corporation Legal Description for Drainage Easement No. 1 Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 and recorded September 26, 1988 as File No. 88- 467980 of Official Records. COMMENCING at the northwesterly corner of said Parcel I; Thence South 84'25'48'' East (North 84"28'34" West as shown on Caltrans Right-of- Way Map LO. 3773) 109.32 feet along the northerly line of said Parcel 1; Thence South 62 o 07'37" East 125.00 feet along the northeasterly line of said Parcel 1, to the POINT OF BEGINNING; Thence South 62 a 07'37" East 12.00 feet along said northeasterly line; Thence South 27 a 52'23" West 9.00 feet; Thence North 62 ' 07'37" West 12.00 feet; Thence North 27 O 52'23" East 9.00 feet to the POINT OF BEGINNING. The above described portion of said Parcel 1 containing 108.00 square feet more or less. . -- 0- 0 e Exhil v T-. u\c \b\ L- The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation Legal Description for Slope Easement No. 1 A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, and recorded September 16, 1988, as File No. 88-467980 of Official Records. BEGlNNiNG at the northwesterly corner of said Parcel 1; Thence South 77'34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South 07 a 34'23" West; Thence easterly 20.31 feet along said curve through a central angle of OO27'18" to which a radial line bears South 07 e 07'05" West: Thence South 5 a 32'59" West 23.81 feet; Thence North 84 O 25'48" West 25.00 feet to the westerly line of said Parcel 1 ; Thence North 5'32'59'' East 25.00 feet along said westerly line to the POINT OF BEGIN N I NG. The above described portion of Parcel 1 containing 606 square feet, more or less. 1 0 a Ex The City of Carlsbad 1-5/Palomar Airport Road nterchange Widening Boyle Engineering Corporation Legal Description for Temporary Construction Easement No. 1 A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to 16, 1896, and recorded September 16, 1988, as File No. 88-467980 of Official Records. BEGINNING at the northwesterly corner of said Parcel 1 ; Thence South 77'34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South 07 e 34'23" West; Thence easterly 20.31 feet along said curve through a central angle of O"27'18" to the POINT OF BEGINNING, to which a radial line bears South 07"07'05" West; Thence easterly 20.84 feet along the continuation of said curve through a central angle of 0 O 28'01" to the beginning of a reverse curve, concave to the south, having a radius of 71 3.58 feet through which a radial line bears North 06 ' 39'04" East; Thence easterly 83.63 feet along said curve, through a central angle of 06"42'54" to the northeasterly line of said Parcel 1; Thence South 62°07'37" East (as shown on Caltrans Right-of-way Map L.O. 3773) 103.55 feet along said northeasterly line; Thence South 27 O 52'23" West 9.00 feet; Thence North 62 ' 07'37" West 123.23 feet; Thence North 84 O 25'48" West 82.54 feet; Thence North 05' 32'59" East 7.81 feet to the POINT OF BEGINNING. The above described portion of Parcel 1 containing 1578 square feet, more or less. This easement is temporary and will expire on December 31, 1993 or at the end o construction, whichever comes first. Map NO. 823, filed in the office of the County Recorder of San Diego County, November I; /