HomeMy WebLinkAbout2003-08-12; City Council; Resolution 2003-2181
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RESOLUTION NO. 2003-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY
OF CARLSBAD, STATE OF CALIFORNIA AND DECLARING THE
PUBLIC NECESSITY THEREFORE.
WHEREAS, the City of Carlsbad, County of San Diego, State of California, proposes to
icquire property for the realignment and widening of Rancho Santa Fe Road, Phase 2, hereinafter referred to
is “the project”. The property sought to be acquired is described in Exhibit “A” attached hereto and
incorporated herein by this reference; and
WHEREAS, the Project requires the acquisition of certain real property; and
WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the
xquisition of real property for a road and related purposes pursuant to California Government Code
Sections 37350, 37350.5 and 37353; and
WHEREAS, the real property sought to be acquired is located within the territorial limits of
:he City of Carlsbad and is necessary for the Project; and
WHEREAS, the plans for the Project are on file with the City Engineer of the City of
Zarlsbad; and
WHEREAS, the Project is planned and located in a manner which will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, the City of Carlsbad has established the amounts which it believes to be just
:ompensation for the hereinafter described real property sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has
3ffered to the owners of said real property the full amount established as just compensation for said real
?rope* sought to be acquired; and
WHEREAS, the City of Carlsbad has provided said owners of said real property with a
written statement of and summary of the basis for the amount established as just compensation for the real
?rope* sought to be acquired; and
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WHEREAS, a reasonable length of time has expired since the date of the offer to the
owners of the real property sought to be acquired, and the owners have failed to favorably respond to he
offers of the amount established by the City of Carlsbad as just compensation; and
WHEREAS, some or portions of the property hereinafter described are being acquired for a
compatible joint use pursuant to California Code of Civil Procedure, Section 1240.5 10; and
WHEREAS, on May 6, 1998, the Planning Commission of the City of Carlsbad, pursuant to
the provisions of the California Government Code, Section 65402, adopted Planning Commission
Resolution No. 4269, finding that the proposed location, purpose, and extent of the project is consistent with
the Circulation Element of the City of Carlsbad General Plan; and
WHEREAS, on June 2, 1992, pursuant to California Public Resources Code Section 21000,
et seq., the City Council of the City of Carlsbad adopted Resolution No. 92-1 52. which certified EIR No. 91 -
1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road Project, and on April 25, 2000, the City
Council of the City of Carlsbad adopted Resolution No. 2000-128, which approved Addendum No. 2 to EIR
No. 9 1 - 1, for the Rancho Santa Fe Road project; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section
1245.235, the owners of the real property 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 the City of Carlsbad,
California, finds and determines, and hereby declares that:
1.
2.
The above recitations are true.
The Agenda Bill and this Resolution have been read and considered together with
the documents referred to therein, together with all evidence presented at the hearing.
3.
4.
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.
Resolution No.
2003-218 2
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5. The real property described in Exhibit “A” attached hereto is necessary for the
proposed project.
6.
7.
The proposed project is a matter of public necessity.
The use of all and each and every part of said real property for the use and purposes
3f the proposed project is a public use and a use authorized by law.
8.
9.
The public interest and necessity require that the real property be taken.
The offers required by Government Code Section 7267.2 have been made to the
3wners of record of the real property which is the subject of this resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Carlsbad that the City
Attorney, in association with the law firm of ASARO, KEAGY, FREELAND & McKINLEY (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 said real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper
:ourt having jurisdiction thereof as are necessary to condemn, take, and acquire said real property, or any
part thereof, for the proposed project;
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, 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 immediate possession of
and to use said real property and part thereof, sought to be condemned for the proposed project;
To make deposit for such security for such property out of proper funds under the control of
the City of Carlsbad in the amount determined by the court in the manner directed by the court;
To incur on behalf of the City of Carlsbad all reasonable and necessary expenses in the
prosecution of a suit or suits to condemn said real property;
Resolution No. 2003-218
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The real property referred to in this Resolution is situated in the City of Carlsbad, County of
$an Diego, State of California, and is more particularly described and depicted on Exhibit “A” attached
iereto and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
)f Carlsbad held on the 12th day of August , 2003 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Hall and Packard
4TTEST:
/
Resolution No. 2003-218
4
(SEAL)
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€MIBIT "A"
OLIVER, OLIVER1 AND OLIVER1
PROPERTY ACQUlSlTiON
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBBD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FILE0 IN THE OFFICE OF THE COUNTY RECORDER OF SAN MEGO COUNTY, JUNE 27,1980 AS
FILE NO. 80-204502 OF OFFICIAL RECORDS.
LYING SOUTHWE!STERLY OF THE SOUTHWESTERLY LINE OF RANCHO SANTA FE ROAD AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF QUESTHAVEN ROAD IN THE NORMST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNAROINO BASE AND MERIDIAN, IN THE
CITY OF CARLSBAD, tN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
AREA = 0.855 ACRES.
THE ABOVE DESCRlPTlON IS RASED ON THE LEGAL DESCRIPTION 1N THE
PRELIMINARY REPORT ISSUED BY FIRST AMERICAN TlTLE INSURANCE COMPANY DATED AUGUST 28,2000 AS OROUi NO. 1249539. d
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COUNTY HIGHWAY EASEMENT PER DE0 R€CCBDEO 1966 AS RE NO. 58549 08.
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RECOROED JULY 1 PAGE 448 0.R
0 RD AND PIPELM EASEHMT TO SAN YARCOS \ COUNTY WATER OISTRJM RECOROEO sEpT€MBER 23, 1980 AS FILE NO. 86-308501 O.R.
3 WAER AND DRUNAE EASEMENT TO SAN MAR=
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COUNM WATER DlsIlilCT RECORMO AUGUST 20, 1681 AS RE NO. 81-266030 O.R.
@ DRAMAGE EASEMENT TO SAN DlEGO COUNTY Ftooo CONIROC DlsrrUCT, ZONE 1, RECORDED JULY 24 1973 AS FILE Na 73-20mi O.R.
@ SEWER EASEMENT M SAN MARCOS COUNTY WATER DISRICT RECURDED AUGUST 27, 1973 AS FILE NO. 73-241670 OR. LEGEND
BOUCIIDARY APN 223-050-56 U AREA = 37.228 SF (a855 AC.)
AUJIRRE & ASSOCIATES 8265 CUMMERCIAL STREET. SUITE ? LA ESA, CA 91942 PH: (619)464-6978
’W. €NGlNEUlING SURVEWSG LAND PLANNING
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