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Home My WebLink About1995-06-27; City Council; Resolution 95-190e a Wrl~al \ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB! AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN RE PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORF AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City Council of the City of Carlsbad has previously adopted I No. 93-302 approving with conditions Site Development Plan No. 93-06, and rec developer to provide offsite road easements and construct offsite roads within said t in conjunction with the development of its property known and designated as La Tel WHEREAS, the City of Carlsbad may exercise the right of eminent doma acquisition of real property of interests therein for street and other purposes pursuant to Streets and Highways Code Section 4090 and Government Code Sections 37350,37 37353; and WHEREAS, the real property or interests therein sought to be acquired for the 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 nec the proposed project; and WHEREAS, the Clty of Carlsbad has established the amounts which it believe: just compensation for the hereinafter described real property or interests therein SOI acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Car offered to the owners of said real property or interests therein the full amount establist compensation for said real property or interest therein sought to be acquired; and WHEREAS, the City of Carlsbad has provided said owners of said real p interests therein a written statement of and summary of the basis for the amount esta just compensation for the real property or interests therein sought to be acquired; at Ill Ill ~ 0 0 1 WHEREAS, a reasonable length of time has expired since the date of the o 2 3 owners of the real property or interests therein sought to be acquired, and the owners t to favorably respond to the offers of the amounts established by the City of Carlsb 4 5 6 7 8 compensation; and WHEREAS, pursuant to the provisions of California Code of Civil Procedun 1245.235, the owners of the real property of the interest therein sought to be acquir names and addresses appear on the current equalized County Assessment Roll, have a Notice of Intention to Adopt a Condemnation Resolution, and have been provide opportunity to appear and be heard on the matters referred to in California COC Procedure, Section 1240.030. 9 10 11 12 NOW, THEREFORE, be it resolved that the Clty Council of Carlsbad finds and dc 13 The public interest and necessity require the proposed project. 14 and hereby declares that: ' 8 17 with the greatest public good and the least private injury. l6 The proposed project is planned and located in a manner which will be most c 15 necessary for the proposed project. The real property or interests therein, hereinafter described in this Resol 19 20 21 The proposed project is a matter of public necessity. The use of all and each every part of said hereinafter described real property c therein for the use and purposes of the proposed project is a public use and a use i by law. 22 23 24 25 26 BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asal 27 Freeland & McKinley (hereinafter "special counsel") be, and is, authorized and empov 28 directed in the name of the Clty of Carlsbad to acquire by donation, purchase, or conc The public interest and necessity require that the property or interests therein, I described in this Resolution, be taken. 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 0 0 in accordance with the provisions of the Code of Civil Procedure of the Sate of Californ to eminent domain the hereinafter described interest in real property; To prepare and prosecute in the name of the City of Carlsbad such suit or s proper court having jurisdiction thereof as are necessary to condemn, take, and ac hereinafter described real property, or any part thereof, for the proposed project. To make an application to said court for an order determining the amounts of be deposited as security for the payment of the just compensation which will be ma taking of the real property or any part thereof, or interests therein necessary for the project and any damage incident thereto, and to make application to said court fol permitting the City of Carlsbad to take immediate possession of and to use said real prc part thereof, or interest therein, sought to be condemned for the proposed project; The real property referred to in this Resolution is situated in the City of Carlsba of San Diego, State of California, and is more particularly described in the parcel dc attached hereto and marked Exhibit "A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci held on the 27th day of JUNE , 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L RAUTEN 1 (SEAL) I .. 4. 0 0 EXHIBIT A (10 I TEWPORARY COSSTROCTION ExsEXEXT All that portion of the sou+Awest quarter of fractional Section Township I2 South, Range 4 West, San Bernardino Meridian, be Within the City of Carlsbad, County of San Diego, State California, being more particularly described as follovs: 8egiming at the Southwest corner of Parcel 2 of Parcel Map 1~ recorded: December 20, 1972, as File No. 340334; thence easte: along the southerly line of said parcel, Soua 89'32'21" Ea: 153.00 feet (South 89'32'03" East, PM 1188), to the TRm Wm BEGINNING; thence continuing along said southerly line, Sor 89'32'tlW East, 341.32 feet; tbence leaving said sOUtl9eZly Lil sout? 0.27'39" West, 20.00 feet, to a point being along a I: southerly 'and parallel with said southerly line: tkezzce eastel and parallel with said southerly line, Sou* 89'32'21" East, 329. feet, to the begi,?ning of a tangent 280.00 foot radius cum concave souL5erly, Lbence easterly along Lke arc of said clt? tarough a central angle of 1'49'36", a distance of 8.93 fee Lienee tangent to said c=t-'Je, Souo& 37'42'45" East, 13.06 fee thence South 41'17p59w East, 43.08 feet, to an intersection vj a non-tangent iSS8.00 foot radias =me, concave soctkeaster! being pazallel and 58 .OO fee= uestsrly of :he centerline of Camino Xeal as shovn on Record of Survey 14583, recorded: Jme 3 1994, as F/P 1994-414919, having a radial Searing to said point North 79'39 I12 n West: t!ence southerly along the arc of said cun througb a central angle of 1'56'27", a distance of 52.77 feet, a point of a non-tangent 1205.00 foot radius comgound CJS concave soutlleasterly, having a radial bearing to sal2 point North 84 -37 * 24" West; Lbence southerly along Lbe arc of said CJFJ throcqh a central angle of 8'48'3?", a distance of 185.29 :e=:, an intersecticn wit!.!. tke westerly right-of-way line cf ',?e aSc described El amino Beal, Seing a non-tangent 1545-00 foot zaCi compound cJr.e, concave easterly, having a radial bearirq 3 sa point or' Nor-% 38'25'02" West; 2hence southerly along %\e arc said ='De and right-of-way +&ough a central angle of 0'41'04 a distance of La - 46 feet; thence leaving said right-cf-way, Nor 89'06'06" West, 10.00 feet, to +&e Seginning of a non-tange 1555 . 00 Toot radius curre, concave easterly, having a radi bearing to said point of North 89'06'.06w West; Llence !?orer along the arc of said mme, through a csntzal mangle cf 0'40'06 . a distance of 18 14 feet, to the beginning of a non-tanqent 1215.1 foot radius compound curve, concave easterly, havi?g a radii bearing to said point of South 86'358t4" West; thence nor!2er: along the. arc of said me, through a central angle of 7'41l17' a distance of 163.03 feet; tlence North 40'56*4Sw West, 34.95 feel thence NoPA 9'04'29" East, 71.40 feet; thence NorCch 87'42'4: West, 14.72 feet, to the Seginning of a tangent 270.00 foot raCi1 curve, concave southerly, thence vesterly along the azc of sa: csurve, through a central angle of 1'49 '36", a distance of 8. t feet, to a point Seing 30.00 foot sout!!erly and parallel wi~'t t~ 1 94-1 41 ne Samppala Group 0 0 southerly line of said parcel: thence vesttrly along said para1 line, North 89'32'2lU' West, 329.92 feet; thence. NO- 79-36. Watt 46-40 feet; thence North 58'34'31* West, 23.32 feet, ti point being 10.00 southerly of the southerly line of said par 2; thence vesterly and parallel vith said southerly Ifne, NO feet, to the TRUE porn OF BEGZNNTNG. Area: 12,529 . 65 square feet 89'32'21" West, 275.61 feat; thence North 0.27'399 East, 10 i .. . Cr-vi 1las.taI 2 94-141 12re Sappa& Gmup 2 *. 1 *._ 1 I SHEET 1 SCD: 1' = 50' *' CASSIA ROAD .. . SOm=FZLY LINE S8Q32'21'E 153-00' TgMpoRAKY CUNSZR~C (S8432'0 1'E. PY 11 88) E"m SOlJTEmsr CORKER PARCEL 2, PY 1188 I ""e P.0.B. LA I ' bh&Unc. 511s AVENlDA ENCINAS SmTB 'C - cd~fs8a~. cd. mm-aa7 2: (819) 931-8700 - A=l'56'27 R=lSSU.00' Is5277 -7- b18.14' UESTXX.Y R0.I. OF EL c-0 REAL SCU: 1' = 50' TEMPORARY coNsfRumoN m SHEET 2 OF 2 ~pioMhg0~engheerhg0 5115 AmA ENCINAS m 'C CARLSEAD, CA. 920otr-aa7 (619) 931-8700 2 - 0 0 .I!% Cmmm m DEDZCATIOI All that portion of the southwest quarter of fractional Section Tovnship It Sou-, Range 4 West, San Bernardino Meridian, be vithin the City of Carlsbad, County of San Diego, State California, being more particularly described as follows: Beginning at the Southeast corner of Parcel 2 of Parcel mp 11 recorded: December 20, 1972, as Pile No- 340334; thence veste along the southerly line of said parcel, Nu- 89'32'21" We 444.77 feet, (N89'32 'OIW, PM 1188), to the westerly right-of- line of El Camino Real, as sham on Record of Survey 145 recorded: June 30, 1994, as File Nu. 1994-414919, being tbe T: POINT OF BEGINMNG; also being the beginning of a non-tangl 1545-00 foot radius me, concave southeasterly, having a rad. Searing to said point of NorCch 77'34 r 21" West; thence southe: along the arc of said curve, mough. a cent=al mgle of 10'50 '4 a dis'ace of 292.43 feet, to M intersection with a non-tang( 1205- 00 Foot radius curve, concave easterly, having a rad. Searing to said point of South 86'34'09" West; thence no,*e: along tie azc of said cumre, Llough a central angle of 8 '48 '3' a distance of 185.29 Feet, to an intersection vi=! a non-tang( 1558.00 foot radius ccl-rve, concave easterly, having a rad. Searing to said point of No- 81 ' 35 t 39" WesZ; tLence norte! along the arc of said CuLIye, through a central angLe of 3 '55 r I: a distance of 106.60 feet, to tie southerly liae of said para thence easterly along said southerly line, South 89'32 '2l" Za: 13.29 feet, to the TRCE POINT OF SEGI-WIXG. Area: 2694.54 square feet (a:viLla-el-&d) 961 41 f ~~ Ibe Samppala Group P.0.B. "- SOUTHERLY LE Y81'35'3gW (R) / """" SCALE: 1- = 4 EL CAMIN0 REAL DEDICAlW 5115 A-A BNCWAS m 'L' URLSBAD, CA. 02008-4387 (6 19) 93 1-8700 - 8 e 0 QUI= Elom DESICATIOI All that portion of the southvest quarter of fractional Section Township 12 South, Range 4 West, San Bernardino Meridian, be vithin the City of Carlsbad, County of San Diego, State California, being ntore particulaxLy described as follows; Beginning at the Southeast corner of Parcel 2 of Parcel Map 11 recorded: December 20, 1972, as File No, 340334; thence weste along the southerly line of said parcel, North 89'32*22~ We 458.06 feet, (N89*32'01W, €213 11881, to a point being 13,OO f westerly and parallel with the westerly right-of-vay of El Cam Real, as shovn on Record of Surrey 14588, recorded: June 30, 19 as File No. 1994-414919, being the TRUE PO= OF BEGINNING; a being the beginning of a non-tangent 1558.00 foot radius CUT concave southeasterly, having a radial bearing to said point North 77'40 s 26- West: thence southerly along the arc of said w through a central angle of 1-58 *46", a distance of 53.82 fe tbence leaving said parallel line, NorCA 41*17'59m West, 43 feet; thence North 87'42 '45" West, 18.06 feet, to *&e begi.ming a tangent 280 -00 foot radius curre, concave southerly, - tfie westerly along the arc of said me, through a central angle 1'49'36", a dis+ace of 8.93 feet, to a poht being 20.00 f southerly of the southerly line of said pazcel; thence weste. and parailel with said southerly line, North 89'32'2lW West, 329 feet; thence NorCd 0'27'39" East, 20.00 feet, to an intersect. wim said sout'lerly line; thence easterly along said sout?e: line, Sou*& 89*32t21w East, 395.74 feet, to the TXE POET BEGI-XNnG. Area: 8461.61 square feet (.:vi 1 l.".Qd) 94-1 41 ~~~~ Tbe Samppalrr Group 2 /. - 1 .. scu: 1- = sa' 5115 A-A maM SUIlRI 'L' m, CIL 02000-43a7 - 20.00' (am 931--87m 'I 0 e I. mc 8IGmS " All that portion of the southvest quarter of fractional Section 2 Towhip I2 Sauth, Range 4 West, San Bernardino Meridian, bei vitain the City of Carlsbad, County of San Diego, State California, being more particularly described as follows: Beginning at the Southeast corner of Parcel 2 ef Parcel Map 118 recorded: December 20, 1972, as Pile No- 340334; thence wester dlong the southerly line of said parcel, North 89'32'2Iw Ses 352-64 feet, (N89'32'OIW, Pn 1188), to the easterly right-of-w line of El Camino Real, as shovn on Record of Surrrey 1458 recorded: June 30, 1994, as Pile No. l994-434919, being the TR WIMl OF BEG-G: thence retracing along the southerly line said parcel, South 89-32'21" East, 19-46 feet: thence leaving sa Line, South 13'02'32" West, 26-74 feet; thence North 76.57'3 West, 18-94 feet, to an intersection vim the easterly line of t above described El Camino Real right-of-way, being an intersecti with a 1455.00 foot radius we, concave southeasterly, having radial bearing ta said point of No- 77'28'13" West: then nomerly along +he arc of said curve, +&ough a central angle 0'38'59", a distance of 16.50 feet, to the TRCE POINT OF BEGINNIN Xzea: 353.51 square feet . Ca:vittu.tn) -141 a ~ ~~~ ~ Tbe Samppakr Group - 2: SU: 1- = SO' " EXFIZRLY R0.n EL CAMNO R&A 'ARCEL 2, PY 1188 "8 I" landpknhg.cMsrrghssmg,u 5115 AverJIDA ENCINAS StJrrg 'L' -AD, CA. 92008-4387 (619) 031-8700 23-X -