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HomeMy WebLinkAbout2014-11-18; City Council; Resolution 2014-2621 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2014-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD FOR PUBLIC ROAD AND PUBLIC UTILITY, SLOPE AND CONSTRUCTION EASEMENTS AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the Carlsbad City Council has previously adopted Resolution No. 2014-041, approving the conditions CT 11-01/CT 13-03, and requiring the developer to provide off-site road easenfients and construct off-site roads within said easements in conjunction with the development of its property known and designated as Robertson Ranch West Village; and WHEREAS, the developer has agreed that acquisition of property and improvements to Glasgow Drive and Edinburgh Drive is essential to provide needed public facilities and to mitigate burdens on existing public facilities; and WHEREAS, a portion of real property that is the subject of this Resolution is a one-foot buffer strip at the terminus of Edinburgh Drive as well as a temporary construction and slope easement located on parcel number 208-112-07-00, 4717 Gateshead Road owned by Graham Espie; and WHEREAS, a portion of real property that is the subject of this Resolution is a one-foot buffer strip at the terminus of Glasgow Drive as well as a temporary construction and slope easement located on parcel number 208-112-20-00, 4769 Gateshead Road owned by Ralph Porter and Darlene French-Porter; 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 Article I, Section 19 of the California Constitution, Sections 1240.010, 1240.110, /// 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 1240.120 of the California Code of Civil Procedure and California Government Code Sections 37350 and 37350.5; and 37353; and WHEREAS, the real property or interest 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 interest therein sought to be acquired; and WHEREAS, the City of Carlsbad, California, has provided said owner 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 sought to be acquired; and 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 of the interest therein sought to be acquired whose names and addresses appear on the current equalized County Assessment Roll, have been sent a Notice of Hearing Regarding Adoption of a r' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 Resolution of Necessity to Acquire Property by Eminent Domain, 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 by the City Council of Carlsbad, finds and determines, and hereby declares that: 1. The above recitations are true and correct. 2. The public interest and necessity require the proposed project, namely the Edinburgh Drive and Glasgow Drive Improvement Project located within the city. 3. 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. 4. The real property or interests therein, hereinafter described in this Resolution, are necessary for the proposed project. 5. The proposed project is a matter of public necessity. 6. The use of all and each and every part of said hereinafter described real property or interests therein for the use and purposes of the proposed project is a public use and a use authorized by law. 7. The public interest and necessity require that the real property or interests therein, hereinafter described in this Resolution, be taken. 8. The City of Carlsbad has complied with the requirements of Government Code section 7267.2(a) in that an offer has been made to the record owners of the property sought to be acquired for the established amount it believes to be the just compensation therefor. 9. To the extent applicable, the acquisition of the property rights sought is for a compatible public use pursuant to Code of Civil Procedure section 1240.510. /// 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 10. To the extent applicable, the acquisition of the property rights sought is for a compatible public use pursuant to Code of Civil Procedure section 1240.610. BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Daley & Heft, (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 interest 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; 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 immediate possession of and to use said real property and any part thereof, or interest therein, sought to be condemned 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, 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 immediate possession of and to use said real property and part thereof, or interest therein, sought to be condemned for the proposed project; 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 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 as Exhibits "A (Espie / Glasgow Drive buffer), B (Espie slope and construction), C (Porter / Edinburgh Drive buffer) and D (Porter slope and construction)." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the I8th day of November , 2014, by the following vote: AYES: NOES: ABSENT: Hall, Packard, Wood, Blackburn, Schumacher. None. None. MATT HALL, Mayor ATTEST: 9 (SEAL) BARBARA ENGELSON, City Clerk -'V -A- \V Exhibit "A" A PORTION OF LOT 30 OF CARLSBAD TRACT NO. 76-12, IN THE CITY OF CARLSBAD, COUTNY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9935 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 16,1980 AS FIIJE NO. 80- 422632 MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID MAP 9935; THENCE LEAVING SAID SOUTH LINE NORTH 18°52'30" EAST 1.05 FEET TO THE SOUTHERLY TERMINUS OF GLASGOW DRIVE PER MAP 9935; THENCE ALONG SAID TERMINUS SOUTH 89''25'10'' EAST 63.20 FEET; THENCE LEAVING SAID SOUTHERLY TERMINUS SOUTH 18''52'30" WEST 1.05 FEET TO SAID SOUTH LINE OF LOT 30 AND MAP 9935; THENCE ALONG SAID LINE NORTH 89'»25' 10" WEST 63.20 FEET TO THE POINT OF BEGINNING AREA = 63 SF MORE OR LESS r-T-*. i -i OWNERS: GRAHAM J. ESPIE 4717 GATESHEAD ROAD CARLSBAD. CA 92O10 APN: 208-112-07 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE SOUTH UNE OF UAP Na 9935, I.E N 8925'10' W Bn ^DATE_ LEGAL DESCRIPTIONS PARCEL A it B: POR OF LOT JO OF UAP 9935, IN THE OTY OFCARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFOimA, fW) IN THE OFHCE OF THE COUNTY imiRDER OF SAH DIEGO COUNTY DECEMBER 16, 1980 AS FILE NO 80-42263Z O.R. 2710 Loker A>«nue West. Suite 100 Carlsbad. Califomia 92010 T: 760-931-7700 APPLICANT: EASEMEHTPUT - CITYOFCARLSBAD EXHIB T DATE: MARCH 2014 SHEET 1 OF 3 SHEETS APPROVED BY: ADJ. No. DAW A HAUSER WT RCE 33081 FXP.06/m/U AP.N. 208-112-07 Xrefs: 1007amop LOT 1 PM 12907 N18'52'30'EI 1^:— p.aa PCLAitB N1852'30r LOT 30 MAP 9955 APN 208-112-07 PARCEL 1 ADJ 15-01 PARCEL A 63 so FT LEGEND CO SUBDMSKJN BOUNDARY STREET CENTERUNE EXISTING PROPERTY LM EASEMENT AREA TRUE POINT OF BEGINNING POINT OF BEGINNING 2710 Loker A»/enue Vlfest. Slite ICQ Carisbad, California 92010 T: 760-931-7700 TPOB P.O.B. 0' 20* SCALE: 1" = 20* E^SEmiTPLAT- CITYOFCARLSBAD Xrefs: 1007omop Exhibit "B" A PORTION OF LOT 30 OF CARLSBAD TRACT NO. 76-12, IN THE CITY OF CARLSBAD, COUTNY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9935 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 16,1980 AS FUM NO 80- 422632 MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30 SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID MAP 9935; THENCE ALONG THE SOUTH LINE OF SAID LOT 30 AND MAP 9935 SOUTH 89*'25' 10" EAST 63.20 FEET TO THE TRUE POINT OF BEGINING: THENCE LEAVING SAID SOUTH LINE AND ALONG THE EAST LINE OF GLASGOW DRIVE PER MAP 9935 NORTH 18«'52'30» EAST 47.89 FEET; THENCE LEAVING SAID EAST LINE SOUTH 73''02'05" EAST 3.05 FEET; THENCE SOUTH 17°56'01" EAST 7 18 FEEP THENCE SOUTH 28<'39'44" EAST 7.52 FEET; THENCE SOUTH 25"'14'39" EAST ' 7.03 FEET; THENCE SOUTH 21''20'50" EAST 6.60 FEET; THENCE SOUTH 18°48'24" EAST 6.36 FEET; THENCE SOUTH 15°12'14" EAST 6.07 FEET- THENCE SOUTH 00°58'48" EAST 5.33 FEET; THENCE SOUTH 08°18'25" WEST 1 63 FEET TO THE SOUTH LINE OF SAID LOT 30 AND MAP 9935; THENCE ALONG SAID LINE NORTH 89°25'10" WEST 33.12 FEET TO THE TRUE POINT OF BEGINNING. ~~ ~ AREA = 884 SF MORE OR LESS M^z-?, zo/v PCLA*B PCLB N73V2'05'W 305' N1756'01l¥ 718' N^25'1(rW 6320' P'f^ TAOBi N2839'44'W 7.52' N2514'39')¥ zor N2170'50'W 6.60' N18'48'24'W 6.36' N15'12'14'W 607" N0058'48l¥ 53^ N08'18'25'E 1.63' LOT 50 MAP 9955 APN 208-112-07 N892510')¥ 3312' PARCEL 1 ADJ 15-01 LEGEND SUBDIVISION BOUNDARY STREET CENTERUNE EXISTING PROPERIY UHE EASEMENT AREA TRUE POINT OF BEGINNING POINT OF BEGUmiG T.P.O.B. P.O.B. cl 2710 Loker At/enue West. Suite 100 Carisbad. California 92010 T: 760-931-7700 APPUCANT: 0* 20' SCALE: r = 20* EASEMEHT PUT - OTY OF CARLSBAD EXHIB T DATE: MARCH 2014 SHEET 3 OF 3 SHEETS CMI APPROVED BY: ADJ. No. RCE 32014 FXP^19/^1/U DAW A HAUSER WT RCE 33081 FXPm/.Vi/14 AP.N. 208-112-07 G:\101307\piats\EMT - Oosgow - 140326.d<i(g Mor 27. 20t4 12:39pm Xrefs: 1007amap Exhibit "C" ^O'-^^Zesa, IN TOE CIIY OF CaRLSBSD, COtWTY OF SA^T DIBGO, STATE OP CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B . BEGINNINB AT THS MOST EASTERLY POXNT OF SAID LOT 43, SAID POINT BEINO OH TEIE SODTHERLY LINE OF THE SDBDIVISION B0t3HDaRY OF SAID MAP ND. 993B; THBNCB-ALOW? SAID SOtJTHBRLY L33IE NORTH 63^5'10' WEST 103.52 PBBT TO A POIHT ON THB WEST LINE OP EDINBDRGH DRIVE,- THENCE NORTHERLY ALONO SAID LINE NORTH S4''00'00'' WEST 1-73 FEBT TO A' POINT ON THE BAST LINE OF SAID LOT 43; TOBNCB EASTERLY ALONG SAID LIKE, SAID LINE ALSO BEim PARALLEL WITS AND 1.00 FOOT DISTANT FROM THE SODTHERLYLINE OF SiAlD StJBDIVISIOM BODNDftRY, SOOTH 89°25'10'' EAST 3-03 • 52 FEET TO A POINT ON THE BAST LINE OF EDINBDRGH DRIVE; THENCE SOtJTHERLY ALONG SAID LINB SODTH S4''00'00'' EAST 1.73 FEET TO THE POINT OF BEGINNING. AREA - 104 SF OWNERS: GRAHAM d ESPIE 4717 GATESHEAD ROAD CARLSBAD. CA 92010 APN- 208-112-07 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE SOUTH UNE OF UAP Na 99X, LE N ^25'10' W BYi DATE. LEGAL DESCRIPTIONS PARCEL AAB: POR OF LOT 30 OF UAP 9935^ IH THE an OFCARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA FnJED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 16, 1980 AS FILE NO 80-422632. OR. i ton cl CONSULTA><ITS~ 2710 Loker fitjenue West. Suite 100 Carisbad. Califomia 92010 PACIFIC OCEAN y/c/N/rr MAP NO SCALE 1 APPLICANT: EXHIB T SHEET 1 OF 3 SHEETS 1 i,yPi'/)rj.j APPROVED BY: AOJ. No. 1 GEORGt oW 7 / ' RCE 32014 EXli.12/31/14 DAW A HAUSER DATE RCE 33081 pypm/vi/u AP.N. 208-112-07 1 Xrefs: 1007amap PARCEL B POR. PARCEL 2 ADJ 01-13 LEGEND S^mCBOERUNE BosmsmoBBrtm muE Pom OF BEBum pouroFUSHmiB u 6 M su Ltigfrrs- SS.Z7- APPUCAMTi 0* 20' SCALE: 1' = 20' EXHIBIT ^etik^ (Mr SCE sua* APPROVED BY: 'mmrmm—zscr DATE: NOV. 2011 SHEET 2 OF 2 SHSTS ADJ. No. A.P.N. Exhibit "D" PORTION OF LOT 43 OF MAP NO. 9935, RECORDBD DBCSffiER 1«, 1980 AS FILE NO. 80-422632, IN THE CITY OF CARLSBAD, COtJNTY OF SAN DIEGO, STATE OP CALIFORNIA, DESCRIBED AS FOLLOWS.: PARCEL A t BEGINNING AT THE MOST EASTERLY POINT OF SAID LOT 43, SAID POINT BEING <aj THB SOtJTH LINE OP THB SDBDIVISiaN BODSDARY OF SAID MAP NO. 9935; THBNCB ALONG SAID SODTHERLY LINE NORTH 89"25'10" WSST 103.52 FEET TO THE TRUE POIlifT OP BEGIMNIMG; THENCE COKTINOING ALONG SAID SODTH LINB ^OSXB eS'aS'lO* mST 40.99 FSET; THENCE LEAVnW SAID SOOTK LINE NORTH 22°21'S5' mST 34.54 FBBT; THENCE NORTH S9«'S4'49' WEST 35.65 FEET; THENCE NORTH 31*22'05» WEST 27-00 FEBT TO THB BEGINNING OP A NDN-TaN{^NT 530,00-FOOT RADIUS CORVE CONCAVE TO THE NORTHWEST, SAID POINT BEING COX THE EAST LINE OP SAID LOT 43 AND THB WEST LINE OP EDIHBOR(ffl EBllVEf THENCE SOUTHEASTERLY ALONG SAID CORVE ALONG THE EAST LIKE OP SAID LOT 43 THRODGK A CENTRAL ANGLE OP 3*39'31" AN ARC DISTAMCE OP 33.64 FEET; THENCE SODTH 54*00'00" EAST 89.38 FEBT TO THS TROE POIOT OF BEGINNING. ~ ABBA - 1,209 SF i POR, PARCEL 2 ADJ 01-13 LEGEND STREET CCNjmjfe OSBBffMIEk mm Pm OF BBsnme POUrOFEEBmHP IPM& p.a& ma uiMrANiwiiM APPMCANT; SCALE- 1" = 40' asBmpur-airoFcmssm EXHIB APPROVED BY: Mil tfim TSBT DATE: NOV. 2011 SHEET 1 OF 2 SHEETS AOJ. No. A.P.N.