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HomeMy WebLinkAbout1994-01-04; City Council; Resolution 94-81 2 1 2 (D e RESOLUTION NO. 94-8 3 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERE IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING PUBLIC NECESSITY THEREOF. 4 5 6 8 xoposes to enhance the Batiquitos Lagoon in the City of Carlsbad, hereinafter ref€ 7 WHEREAS, the City of Carlsbad, County of San Diego, State of Califo ':o as "the project"; and 9 WHEREAS, the project requires the acquisition of certain real property; an1 10 WHEREAS, the City of Carlsbad may exercise the right of eminent domain fo 11 12 acquisition of real property for the project pursuant to California Government C 13 Sections 37350 and 37350.5; and 14 WHEREAS, the plans for the project in the City of Carlsbad are on file with I.5 3ty Engineer of the City of Carlsbad, California; and I' 11 WHEREAS, on July 18, 1990, the Planning Commission of the City of Cads 17 18 19 20 ity of Carlsbad General Plan; and wrsuant to the provisions of the California Government Code, Section 65402, fc .:hat the proposed location, purpose, and extent of the project is consistent with WHEREAS, on August 14, 1990, pursuant to California Public Resources C 22 ection 21000 and following, the City Council of the City of Carlsbad, Califor 21! 23 llertified an environmental impact report for the project; and 24 I1 11 WHEREAS, the real property sought to be acquired is located within the territc 25 26 27 -*. imits of the City of Carlsbad, California, and is necessary for the proposed project; 28 ... @ 0 1 2 WHEREAS, the City of Carlsbad, California, has established the amounts c 3 sought to be acquired; and 4 it believes to be the just compensation for the hereinafter described real prc 5 6 7 8 WHEREAS, pursuant to Government Code Section 7267.2, the City of Carl: California, has offered to the owners of said real property the full amount establ as just compensation for said real property sought to be acquired; and 9 WHEREAS, the City of Carlsbad, California, has provided said owners of sai 10 just compensation for the real property sought to be acquired; and I.1 property a written statement and summary of the basis for the amount establishc 13 12 WHEREAS, a reasonable length of time has expired since the date of the ll to the owners of the real property sought to be acquired, and the owners have 1 14 15 16 City of Carlsbad as just compensation; and to favorably respond in a timely manner to the offers of the amounts established b 17 WHEREAS, pursuant to the provisions of California Code of Civil Procel l8 19 Section 1245.235, the owners of real property sought to be acquired whose n; 20 and addresses appear on the current equalized County Assessment Roll, have been 21 a Notice of Intention to Adopt a Condemnation Resolution, and have been pro\ 22 23 Code of Civil Procedure, Section 1240.030; and with an opportunity to appear and be heard on the matters referred to in Califc 24 26 be deposited with the court in the amount of the aforementioned value of the 25 WHEREAS, sufficient funds are available to the City of Carlsbad, Californi property sought to be acquired; 27 28 ... 2. a 0 1 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, Calif 3 //which finds, determines, and hereby declares: 4 5 6 7 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 whic l 8 ll be most compatible with the greatest public good and the least private injury. 9 I1 4. That the real property, hereinafter described in this Resolutic 10 11 12 13 14 15 16 necessary for the proposed project. 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 desc real property for the use and purposes of the proposed project is a public use and authorized by law. 7. That the public interest and necessity requires that the real prol: 17 19 8. That the law firm of Asaro & Keagy, hereinafter referred to as "Sf 18 hereinafter described in this Resolution, be taken. Counsel" be and is, authorized, empowered, and directed, in the name of the C 20 Carlsbad, to acquire by donation, purchase, or condemnation, in accordance wit1 21 22 provisions of the Code of Civil Procedure of the State of California related to em 23 domain, the hereinafter described real property. 24 9. That Special Counsel is authorized and directed to prepare and prost 25 in the name of the City of Carlsbad such suit or suits in the proper court hi 26 jurisdiction thereof as are necessary to condemn, take, and acquire said herein 27 28 described real property, or any part thereof, for the proposed project. 3. ll 9 0 1 10. That Special Counsel is authorized and directed to make an applicatic 2 3 said court for an order determining the amounts of money to be deposited as sec 4 for the payment of the just compensation which will be made for the taking of tht 11 property or any part thereof, for the proposed project and any damage incident the1 5 6 and to make application to said court for an order permitting the City of Carlsb; 7 interests therein, sought to be condemned for the proposed project. 8 take immediate possession of and to sue said real property and part thereo 9 11. That Special Counsel is authorized and directed to make deposit for 10 11 12 security for such real property out of proper funds under the control of the Cil Carlsbad in the amount determined by the court in the manner directed by the c( 13 I/ 12. That Special Counsel is authorized and directed to incur on behalf oi 14 City of Carlsbad all reasonable and necessary expenses in the prosecution of a SL 15 suits to condemn said real property. 16 17 13. That the real property referred to in this resolution is situated in the of Carlsbad, County of San Diego, State of California, and is more particularly descr 18 in the parcel descriptions identified in attached Exhibit "A" incorporated by referc 19 and made a part hereof. 20 21 14. That the City Council of the City of Carlsbad, California, hereby authol 22 and approves deposit with the court of funds for the acquisition of real prop 23 consistent with the intent of this Resolution. 24 25 26 ... ... 27 I[" 28 4. ll 0 0 II 1 PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad 2 ouncil held on the 4th day of January , 1994, by ollowing vote, to wit: 4 j: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila 5 6 7 8 9 10 NOES: None ABSENT: None 11 TTEST: 12 k 5. . .. ' . .:, i' . 8 '.. , . . :. :. I -9 t. '..' e 0 .. .- .. .. .. .. .! >. . . .. EXHIBIT "A" LEG= DESCRIPTION COPY . .. .. . . ... . ._ . . : .. . .. .. . .. .: , . I .. -. .. .. . ~ .. . . . .'. ,.. . ... . i. .* . .. . ... . . .. ,. '. - .. .. . . . ., .. . .. .. . .. . .. . .. .. .. .. . . .. - .. . .. .. ._ ' . _. . -. . ... . .. . .. , . .. . .. . . : , . .. .. .. .. .' .. . .'. . .. .. .. . .. . .. f. . . ._ . .. . .i .. , , '. .. . .. . . :. .. .. .. .- .. .. , .. .. .. .. . .. .. .. . .. . .._ . .. .. . . _, . - .. .. . . .. .. .. . . : .. , . . .: -. .. . ' .. ..' . . : :. .. . .. '. .,: ,. . :. ... .. .: . , ... ..__ . .. . .. . .. . .. .. '... . .. . :. _. : , , ... ._ . .. . . .. . .. . -. .. . .. . .... . . . .. _. . . . .. .. . . '.: :. . .. .. . .. ..._ . : ._ '. . . .' .. .. . .. ..>.I .:.: ,, .. . .: .: . .. . ..- . .. . .. ._ .. . .. -.. . ,. ._. .. .. .. .:. . ... .: _. .. t .. .. . .. . . .. .. .. ... .. .' . .- -.'.! .. . .. APN: 216-140-16 VESTING: CONSTANCE S. SAMMIS AND JOHN M. LAMB THAT PORTION OF Lo'r I AND LOT 4 OF SECTION 33 IN TOWNSHIP 12 sow, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSSAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT TIIE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGtSWAY FIVE PER HS 775 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 33, SAID QUARTER SECTION LINE ALSO BEING A PORTION OF THE SUBDIVISION BOUNDARY OF CARLSBAD TRACT 85-14 PER MAP NO. 11616 AS RECORDED SEPTEMBER 12, 1986 IN THE OFFICE OF . THE COUNTY RECORDER OF SAID COUNTY; TlIENCE ALONG SAID QUARTER SECTION LINE SOUTH OO55'46" WEST 634.76 FEET TO THE TRUE POINT OF BEGINNING; TIIENCE LEAVING SAID QUARTER SECTION LINE AND SAID SUBDIVISION BOUNDARY NORTH 4158'46" EAST 37.66 FEET; TIIENCE NORTH 32026'50" EAST 86.70 FEET; THENCE NORTH 21°24'18" EAST 146.24 PEEP; TO A POINT ON TllE WESTERLY RIGHT-OF-WAY OF SAID HIGliWAY FIVE THENCE ALONG SAID RIGI1'l"OF-WAY SOUTH 18'04 '10 EAST 80.62 FEET; THENCE SOUTH 31°00'56" EAST 381.40 FEET: THENCE LEAVING SAID WESTERLY RIGHT-OF- WAY ALONG A PORTION OF SAID SUBDIVISION BOUNDARY SOUTH 33O09*27" WEST 613.26 FEEX TO A POINT ON SAID QUARTER SECTION LINE; THENCE ALONG SAID LINE NORTH OO"55'46" WEST 679.55 FEET TO THE TRUB POINT OF BEGINNING. HAVING AN AREA OF 3.728 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" . THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. L??$& pqz CECIL . RYA P.L.S- 3997 0 EXP@= 4@ OF ChL\tQ .. .. . .. , .___.. - .... .. ... .... .. .'I. . _. . . .- . .. ... .. , .... ....... . ." ... __-_ .. .. .. ... .... .. .. .. ... .. . '. . .. ... .... .. .. .. .. .. .. .... .. .. .. ... .. .. .. . ._ .. , . _* ... . : .. .. ... .. .. .... .. .. .. ....... .. .... . : I. . : . ... .. , .. ... .. .I .... .. ... .. ... ... .. .. ..... .... .. .. , ... .. ... ... .. '1 @=I -.. 172 I ....................... ......................... UENOTES AUUlflllON BOC(HI)ARY .................... ....... 3.728 ACRES I mL DISTANCE NOIk lJlM~.l~lSlf~llV~ 51 IOW 111 RfIM ". - Ee21'24'18 E 146.24 ,U?E BAylU OH. RF.CURD UAlA S IS0;i'rO E 80.62 OEARINGS SHOWN IfEREON ARE BASE0 OH IHE CALIFORNIA LAMBERT SYSlEW ZONE 6 NAD 83 r. 3* CITY OF CARLSBAD- 5. I LAND AQUISITION PLAT ASSESSW'S PARCEL NO. VESTED IN: Ritght-of-Way- Engineering Services, In=! 2t6-140-16 JOHN LAMB ..! CONSTANCE SAMMIS. a* Engineering l.nd sU.T 2103 El Canin0 Red SI- 708 tuem&. LA- 920% (619) 757- 4445 ACAI) INANE: SAMUIZDW DATE: 6/15/92 SHEET 1 OF t *. .. * .. . .. . ... ..... ... .... .. .. .... .....~ ......... .. "_ .. .-. j .c e 0 .2 EXHIBIT "A" c=JG$y LEGAL DESCRIPTION APN: 216-121-02 AND 216-121-03 VESTING: ROY K. MITSUUCHI, NANCY M. MITSUUCHI THAT PORTION OF LOT 2 OF SECTION 35 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED MAY 3, 1883, AS DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2 THENCE ALONG THE WEST LINE OF SAID LOT 2 SOUTH 00'30'25" WEST 650.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 34°S0'291t , EAST 25.05 FEET; THENCE SOUTH 88°23f161' EST 186.46 FEET; THENCE SOUTH 24°35f191t WEST 32.20 FEET; THENCE NORTH 89O25'19" EAST 74.19 FEET; THENCE NORTH 76°15f571t EAST 107.18 FEET; THENCE NORTH 21'11'18" EAST 124.19 FEET; THENCE NORTH 6lo34'2l1' EAST 108.27 FEET; THENCE NORTH 37O32'46If EAST 83.49 FEET; THENCE NORTH 87O27'08" EAST 172.57 FEET; THENCE SOUTH 89"37'38" EAST 98.65 FEET; THENCE SOUTH 73'55 f 27" EAST 197.30 FEET; THENCE SOUTH 12°08f 29" WEST 71.27 FEET; THENCE SOUTH 14°31'431t WEST 69.45 FEET; THENCE SOUTH 69°58f0919 EAST 43.35 FEET; THENCE SOUTH 52"07'021* EAST 151.89 FEET; THENCE SOUTH 23°32'1311 EAST. 124.62 FEET; THENCE NORTH 88'46'19" EAST 61.11 FEET; THENCE NORTH 43O59'52" EAST 58.68 FEET; THENCE NORTH 72°31f591e EAST 20.64 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE SOUTH 00°32f02" WEST 206.09 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 2 NORTH 82°17'541t WEST 796.74 FEET; THENCE SOUTH 6Oo4lf40" WEST 607.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2 NORTH 00°30'25" EAST 549.39 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. .. HAVING AN AREA OF 11.837 ACRES'MORE OR LESS. ATTAC)IED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION 1s A PUT LABELED EXHI-BIT "B"- THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION- P.L.S. 3997 /J 4 -e I I / i f i i- o copy ? POlN T OF COMMENCEMFNT NW. CORNER LOT 2 s.~J.L;.E. LSM r. 1 ........................ SCALE 1 "= 200' P ar . CARLSBAD WATui & SEWER EASEMENT 75-342109 O.R. .. - PACTEL €5". 1-19 / 78-412183 O.R. NOTE: DIMENSONS SHOWN HEREON N 0032'02" E 981.16' ARE EASED ON RECORD DATA. i - CARLSBAO ROAO ESMT 81 - I8971 5 O.R. 6/17/81 / DENOTES AOUlSlTlON BOUNDARY ...................... ...................... ...................... 1 I. 837 ACRES yW\& \ .- a 0 EXHSBIT '*AIk LEGAL DESCRIPTION GOPV APN: 216-121-14 VESTING: NEWPORT SHORES BUILDERS INC. THAT PORTION OF LOT 3 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP OFFICIAL. PLAT THEREOF, DESCRIBED AS FOLLOWS: C0I'"ENCING AT THE NORTHWEST CORNER OF SAID LOT 3 THENCE ALONG THE WEST LINE OF SAID LOT 3 SOUTH 00°32'02fp WEST 612.88 FEET TO THE. TRUE: POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 66°44r341F EAST 95.93 FEET; THENCE NORTH 39O44'13Ir EAST 79.97 FEET; THENCE NORTH 58°00'001@ EAST 36.83 FEET; THENCE NORTH 13°50f291t EAST 54.57 FEET; THENCE NORTH OG"39 I 17" EAST 65-92 FEET; THENCE NORTH 75°10'481B EAST 40.70 FEET; THENCE NORTH 65°43'001p EAST 45.27 FEET; THENCE NORTH 84"12'16tr EAST 59.22 FEET; THENCE SOUTH 19O42'48" WEST 155.64 FEET; THENCE SOUTH 10'14'24'' WEST 84.50 FEET; THENCE SOUTH 00°15'521v WEST 59.37 FEET; THENCE SOUTH 02"07'15 EAST 56.76 FEET; THENCE SOUTH 08°22r34t1 WEST 64.28 FEET; THENCE SOUTH 01°03t551t EAST 69.11 FEET; THENCE SOUTH 13'50'50" WEST 160.12 FEET; THENCE SOUTH 12°56'591v WEST 36.55 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE ALONG SAID SOUTH LINE NORTH 82'17'54 WEST 215.82 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG SAID WEST LINE OF SAID LOT 3 NORTH 00°32' 02" EAST 368.28. FEET TO THE 'TRUE POINT OF BEGINNING. HAVING AN AREA OF 3.035 ACRES MORE: OR LESS. AT'I'ACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION 1s A PLAT LABELED EXHIBIT "B" - THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER HY DIRECTION. QJG/&. 7##&yz CECIL/B. RYAL P.L.S* 3997 / 'fl ~~ .I. . .. r i i ! ! ! I I 1 i j ! ., ( r) c 5 w -1 c z ii p* e I I NW. COR. LOT 3 I lc(pyf ~~ ~ "_._ . 7"- - _.. 81 - 180990 O.R. DRAINAGE & ACCESS ClTY OF CARLSBAD WATER Fr SEWER UTILIlIES EWT. CIT'r' OF CARLSBAD w 76-071622 O.R. I (v 0 .......... ......... ......... z ........ ........ ........ ....... ........ COUNrV ROAD EASEMENT BK. 3518 PG. 221 O.R. ............ ............. ........... .. SEE DETAIL 'A' .................... ..................... ..... ......... \' ................... .... \ ............. .. 2: ....... ... 3. ............. ....... ......... .................... .................. ......... ................... .... .. ... ........... .... " . -2 . e e LEGAL DESCRIPTION APN: 216-121-01 .. - VESTING: BARBARA M. MURPHY, HOWARD F. MURPHY, BARBARA McCARTNEY MURPHY THOSE PORTIONS OF THE NORTH 20 ACRES OF LOT 1 OF SECTION 35 IN TOWNSHIP 12 sowm, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE cIw OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF; AS DESCRIBED AS PARCEL NO. 1 AND PARCEL NO. 2 AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35 THENCE ALONG THE WEST LINE OF SAID SECTION 35 .SOUTH 00'31'55" WEST 430.46 FEET TO THE TRUE POINT OF-BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE SOUTH 0O"3lr55" WEST 230.79 FEET TO THE SOUTHWEST CORNER OF THE NORTH 20 ACRES OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID NORTH 20 ACRES SOUTH 88°48'1%11 EAST 698.79 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 56°46'4111 WEST 53.09 FEET; THENCE NORTH 12°17r3111 WEST 128.38 FEET; TIIENCE NORTH 77'32'28l' WEST 57.25 FEET; . THENCE SOUTH 44"46'47" WEST 48.60 FEET; THENCE SOUTH 88°06r1311 WEST 68.23 FEET; THENCE SOUTH 78°21'0311 WEST 76.24 FEET; THENCE SOUTH 49'16'51" WEST 63.00 FEET; THENCE NORTH 88'34'29" EAST 77.67 FEET; THENCE NORTH 08"01'0211 WEST 67.82 FEET; THENCE NORTH 23°58'2511 EAST 143.16 FEET; THENCE NORTH 83"45'45" WEST 72.18 FEET; THENCE SOUTH 77012'10t1 WEST 124.55 FEET; THENCE NORTH 83°25'0611 WEST 84.61 FEET; THENCE SOUTH 64'25'52" WEST 41.93 FEET TO THE WEST LINE OF SAID LOT 1 AND TRUE POINT OF BEGINNING. HAVING AN AREA OF 2.606 ACRES MORE OR LESS. PARCEL 2: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 0'30'25" WEST 650.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 34°50'2911 WEST 64.92 FEET; THENCE SOUTH 76"42'38" WEST 38.65 FEET; THENCE NORTH 20'13'53" WEST 84.84 FEET; THENCE SOUTH 85'10'46" WEST 13.15 175.47 FEET TO THE SOUTH LINE OF THE SAID NORTH 20 ACRES OF LOT 1; THENCE ALONG SAID SOUTH LINE SOUTH 88"48'lOV1 EAST 291.11 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 0°30'2511 EAST 11.16 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13,180 SQUARE FEET MORE OR LESS. ATTACHED HERETO ,AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT rtB1r. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. FEET; SOUTH 04O26'07 WEST 77.59 FEET; ' THENCE SOUTH 73°14'0511 WEST - - . - . . ._ . . 0 /6AL .7/M/92 . . . .. . . ". . , .,. " . . .." .".... . .."""". 1 I t . .a . 1 'I e u .. -. ,' ' . SCALE &I- 1'-200' i . .-.. .- POlNr OF COMMENCEMENT t Prn NE. CORNER LOTI POfNT OF COMMENCEMENT PARCEL 2 \ 27 1/26 N 38'~3'10' 'ff 131 7.44' \, \\ B . 1. ?OR, LOT -1 \\ Y * 1 WA ER/SEWER ESMT. CITY OF OCEANSiOE \ \ ssc. 35 b Y ,a - / // IL1 W u) N t b z 0 z N 8s'48'lOo W rn-cnnrw R PROPER ry "TA A- - ri_, (Ji6L ,.-N?tH*r C" I?R RIA8 t~/taui'oN ~allartrls UL . (SI-ALCA Ro. \\Le JFm Jq3 ( ""- - .. I f t 1 .. .. .. .- .. . .' . .