HomeMy WebLinkAbout1973-06-05; City Council; 2057; Elm Avenue Water Reservoir CondemnationTHE CITY OF CARLSBAD,CALIF' ORNIA
Agenda Bill No Date: June 5, 1973
'Referred To :
Subject:
Elm'Avenue Water Reservoir Condemnation
Submitted By:
Public Works Director
Statement of the Matter - As
and
required by
construction
Section 65402, the proposed
of the Elm Avenue water reservoiralSlulOn 0 T • IctnQ TOi UMVJ v*wii.juiwv*u-iwii w i \* • • ^- i_im i»* *~ 11 v* u n w » *» • .««•». . •*•
has been submitted to the Planning Commission for their report as to the
conformity of the proposed project with the General Plan. The Planning
Commission has adopted Planning Commission Resolution No. 910 finding
that th'e location, purpose and extent of the acquisition of the property
for reservoir purposes and of the authorization and construction of the
reservoir conform'with the General Plan of the City of Carlsbad. The
attached City Council Resolution is offered for your consideration in
light of.the Planning Commission action.
Exhibit
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City Council Resolution No, 1832
Planning Dept. Analysis
City Council Resolution No.
Planning Commission Resolution No. 910
Staff Recommendations
Adoption of City Council Resolution N o . *3/ *?¥• supplementing Resolution
No. 1832 providing for the condemnation of tertain property for
water reservoir and related right-of-way purposes.
AB NO .Da te: June 5, 1973
City Manager's Recommendation
Concur with staff recommendation
Council Action• • —
6-5-73 Resolution #3144 supplementing Resolution No. 1832 providing
for condemnation of certain property for water reservoir and
related right-of-way purposes was adopted.
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RESOLUTION NO. 1832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, AUTHORIZING AND DIRECTING CONDEMNATION OF
LAND FOR RESERVOIR AND RIGHT-OF-WAY PURPOSES.
BE IT RESOLVED by the City of Carlsbad, A Municipal Corpora-
tion of the State'of California, hereinafter referred to as the
CITY, by its City Council, as follows:
! 1. That the CITY hereby finds and determines as follows:
a. That there are located in the City of Carlsbad,
County of San Diego, State of California, the
following described parcels of real property:
Parcels 15-A and 15-B, more particularly described
on Exhibit A, attached hereto and by this reference
incorporated herein.
2. That the public interest and necessity require the ac-
quisition by CITY of a fee simple interest in Parcel
15-A for reservoir purposes.
3. That the public interest and necessity require the ac-
quisition of a perpetual right-of-way easement in Parcel
15-B for street and highway purposes.
4. That the public interest and necessity require the con-
struction and completion in Parcel 15-A of a reservoir
and in Parcel 15-B of a section of public street and
certain utilities.
5. That the taking of said estates and rights in Parcels
15-A and 15-B are necessary for "said acquisition, con-
struction and completion.
6. That the uses to which said estates and rights in said
Parcels 15-A and 15-B are to be applied are uses author-
ized by law.
1. That the City Attorney of CITY is hereby authorized and
directed on behalf of CITY to acquire said estates and
EXHIBIT "A1
PARCEL 15-A
All of that portion of Lot 7. of Section 32, Township 11 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 approved, described as follows:
Beginning at the northwest corner of said Lot 7, being also
the southwest corner of the northwest quarter of the southwest
quarter of said Section 32;
Thence South 89° 11E 20" East, along the north line of said
Lot 7, a distance of 353.62 feet to the TRUE POINT OF BEGINNING
of the portion to be described.
Thence from said TRUE POINT OF BEGINNING South 24° 15' 57"
East, a distance of 156.94 feet to the southeasterly boundary of
Grantor's property being a point on an 892.00 foot radius circular
curve, concave southeasterly (from said point the center of said
curve bears South 49° 33f 44" East);
Thence northeasterly along said curve, and said Grantor's
boundary, an arc distance of 206.00 feet, through an angle of
13° 13' 54", to the north line of said Lot 7;
Thence North 89° II1 20" West, along the north line of said
Lot 7, a distance of 214.98 feet to the TRUE POINT OF BEGINNING of
the portion described.
PARCEL 15-B '
All of that portion of Lot 7, of Section 32, Township 11 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 approved, described as follows:
Beginning at the northwest corner of said Lot 7, being also
the southwest corner of the northwest quarter of the southwest
quarter of said Section 32?
Thence South 89° II1 20" East along the north line of said
Lot 7 a distance of 303.94 feet to the TRUE POINT OF BEGINNING of
the easement to be described;
Thence from said TRUE POINT OF BEGINNING South 24° 15* 57"
East a distance of 200.85 feet to the southeasterly boundary of
Grantor's property, being a point on the arc of an 892 foot radius
curve, concave southeasterly, (from said point the center of said
curve bears South 52° 48* 16" East);
Thence northeasterly along said 892 foot radius curve, through
an angle of 3° 14' 32" for an arc distance of 50.48 feet;
Thence North 24° 15' 57" West a distance of 156.94 feet;
Thence North 89° II1 20" West a distance of 49.68 feet to
the TRUE POINT OF BEGINNING of the easement described.
And Grantor does also grant to Grantee the right to extend and
maintain drainage structures and excavation and embankment slopes
beyond the limits of said right of way where required for construction
and maintenance.',
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rights in Parcels 15-A and 15-B under the laws of
eminent domain of the State of California, and to pay
the cost of said acquisition from City funds.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held March 16th , 1971, by the following vote,
to w it:
AYES: Cmn. Dunne, MeComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
3AVID M. DUNNE, Mayor
ATTEST:
MARG.X&ET E. ADAMS,1 City Clerk
EXHIBIT IV
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
M u. r .AdamsI, M.a.r..g ar.e.t....E.^./, City Clerk of the City of Carlsl>ad, County of San Diego, State of California.1832
hereby certify tliat I have compared the foregoing copy with the original .R.6.S..Q.]..U.jt..l.P..D.S.... passed and
adopted by said City Council, at ...?.....!?..? 9.9.1.9.!". ...... meeting thereof, at the time and by the vote therein
.•Stated, which original ...... .l>.F..?..P..'.M.r.l..9..1.. is now on file in my office: that the same contains a full, true
/ /and corr/fct transcript therefrom and of the whole thereof.
; \ \ Witness uiy hand and the seal of said City of Carlsbad, this ...1.9.. day of ......... M.a.Y.. >.....]..? .73 .ill' /
• (-SEAL)
CITY Of CARLSBAD
PLANNING .. DEPARTMENT
ANALYSIS FOR
MAY 25, 1973
TO: PLANNING COMMISSION
SUBJECT: CITY OF CARLSBAD WATER SYSTEM PROJECT, CONFORMITY TO
ADOPTED GENERAL PLAN
DESCRIPTION OF PROJECT:
The City of Carlsbad Water System Project of 1969 has a two fold objective:
a. to replace and redesign portions of an inadequate water system
(more succintly defined in "Water System Engineering Study" of
January, 1966).
b. to meet impending community growth patterns as indicated in the
City of Carlsbad General Plan of 1965.
The project consists of the construction of three (3) reservoirs having
storage capacity of six million gallons (mg), the construction of replacement
or new v/ater transmission mains to transport water under projected pressures
of 40 to 100 p.s.i., and ancillary projects designed to regulate arTd meter
water flows.
Location of the three (3) reservoir sites is predicated upon sound engineering
principle, (defined in "Water System Engineering Study" of Jan. 1966 and
"Preliminary Report, Water System Improvement City of Carlsbad", May, 1969),
and the necessity to meet daily demands for water, and to provide adequate
water for fire protection in the developing and redeveloping commercial and higher
density portions of the City.
Hydraulic Elevations are established at 240 feet, 350-feet and 430 feet above
sea level. These elevations are required to maintain positive gravity flows
and adequate water pressures throughout the water system. The sites selected
are determined to be the most logical locations to meet these design require-
ments. The reservoir locations are necessarily at the higher elevations in
the residential portions of the City.
GENERAL PLAN CONSIDERATIONS:
In as much as the City of Carlsbad General Plan of 1965 indicated the special
needs for water supply in commerical, industrial and agricultural areas, and
to meet rapidly increasing residential demands.
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The General Plan places emphasis on the expansion and redevelopment of
commercial and higher density areas, especially in the presently defined
downtown. The need therefore, is to provide sufficient water capacity to
meet the potential increased fire protection demands associated with in-
tense and high value development.
Replacement of old transmission mains and construction of adequate storage
facilities are needed to meet residential and other community water demands
projected by information extrapolated from the General Plan.
It can be assumed therefore, that in order to meet water demands of the
seventies and to possess a modern system to meet those demands, the water
system improvement project is necessary to maintain or increase a portion of the
City of Carlsbad Environmental quality. The locations, transmission lines
and ancillary facilities are designed to meet these demands.
The Water System Project, therefore, meets the following Goals and Objectives
of the General Plan:
9. It maintains a sound and orderly growth for the future of
the City of Carlsbad.
b, It enhances residential livability.
c. It assists in modernizing and expanding the downtown business district.
It may be concluded that the City of Carlsbad Water System Project is consistent
with the Goals and Objectives of the General Plan.
DONALD. A. AGATEP,
planning Director
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PLANNING COMMISSION RESOLUTION NO. 910
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, REPORTING AS TO
THE CONFORMITY OF THE CARLSBAD WATER SYSTEM
IMPROVEMENTS (CONTRACT 1000 ) -WITH- THE. .GENERAL
PLAN OF. THE CITY OF CARLSBAD. ............
WHEREAS, the City of Carlsbad has undertaken a program of
improvements to its water system known as the Carlsbad Water
System Improvements (Contract 1000) consisting of the acquisition
of four parcels of property, the construction of three water
reservoirs and a pumping station thereon and the improvement,
replacement and repair of various water lines; and
WHEREAS, the City of Carlsbad has adopted a general plan
which is applicable to said properties; and
WHEREAS, pursuant to Government Code Section 65402, City
Staff has submitted a report to the Planning Commission
analyzing said properties and the public improvements thereon in
relation to their conformity with the Carlsbad general plan; and
WHEREAS, the Planning Commission has considered said
report and all other evidence relating to said project and is
fully informed in the premises;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Carlsbad, California, FINDS, DETERMINES AND
DECLARES, as follows:
1. That the above recitations are true and correct.
2. That the real property which the" City proposes to
acquire and condemn for the Elm Avenue water reservoir site
and related right-of-way purposes is situated in the City of
Carlsbad, County of San Diego, State of California, and is more
particularly described as follows:
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Parcel 15-A
All of that portion of Lot 7, of Section 32
Township 11 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 approved,
described as follows:
Beginning at the northwest corner of
said Lot 7, being also the southwest corner
of the northwest quarter of the southwest
quarter of said Section 32;
Thence South 89° 11'
north line of said Lot 7}feet to the TRUE POINT OF
portion to be described.
20" East, along the
a distance of 353
BEGINNING of the
62
Thence from said TRUE POINT OF BEGINNING
South 24° 15' 57" East, a distance of 156.94
feet to the southeasterly boundary of Grantor1
property being a point on an 892.00 foot
radius circular curve, concave southeasterly
(from said point the center of said curve
bears South 49° 33' 44" East);
Thence northeasterly along
and said Grantor's boundary, an
of 206.00 feet, through an angle
to the north line of said Lot 7;
said curve,
arc distance
of 13° 13'54"
Thence North 89° IT 20"
the north line of said Lot 7,
214.98 feet to the TRUE POINT
of the portion described.
Parcel 15-B
West, along
a distance of
OF BEGINNING
All of that portion of Lot 7, of Section 32,
Township 11 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 approved,
described as follows:
Beginning at the northwest corner of
said Lot 7, being also the southwest corner
of the northwest quarter of the southwest
quarter of said Section 32;
Thence South 89° 11' 20" East along the
north line of said Lot 7 a distance of 303.94
feet to the TRUE POINT OF BEGINNING of the
easement to be described;
Thence from said TRUE POINT OF BEGINNING
South 24° 15' 57" East a distance of 200.85
feet to the southeasterly boundary of Grantor's
property, being a point on the arc of an
892 foot radius curve, concave southeasterly
(from said point the center of said curve
bears South 52° 48' 16" East);
2.
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Thence northeasterly along said 892
foot radius curves through an angle of
3° 14' 32" for an arc distance of 50.48 feet;
Thence North 24° 15' 57" West a distance
of 156.94 feet;
Thence North 89° 11' 20" West a distance
of 49.68 feet to the TRUE POINT OF BEGINNING
of the easement described.
And Grantor does also grant to Grantee the right
to extend and maintain drainage structures and
excavation and embankment slopes beyond the
limits of said right of way where required for
construction and maintenance.
3. That the real property for the Ellery water reservoir
site is situated in the City of Carlsbad, County of San Diego,
State of California, and is more particularly described as
follows:
Parcel "1" - Parcel Map No. 878
File No. 171312 July 3, 1972
4. That the real property for the Skyline water reservoir
site is situated in the City of Carlsbad, County of San Diego,
State of California, and is more particularly described as
fol1ows:
Parcel "1" - Parcel Map No. 880
File No. 171314 July 3, 1972
5. That the real property for the Buena Vista pumping
station is situated in the City of Carlsbad, County of San Diego,
State of California, and is more particularly described as
follows:
Assessors Parcel 156-200-16
6. That the location, purpose and extent of the
acquisition of said real properties for said public improvements
and of the authorization and construction of said public
improvements conform with the General Plan of the City of
Carlsbad.
3.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission on the day of , 1973,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
E. W. DOMINGUEZTChairman
ATTEST:
DON AGATEP, Secretary
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RESOLUTION NO. 3144
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, SUPPLEMENTING
RESOLUTION NO. 1832 PROVIDING FOR THE CON-
DEMNATION OF CERTAIN PROPERTY FOR WATER
RESERVOIR AND RELATED RIGHT-OF-WAY PURPOSES.
WHEREAS, on March 16, 1971, the City Council of the City
of Carlsbad adopted Resolution 1832 authorizing and directing
the condemnation of certain real property for water reservoir and
related right-of-way purposes; and
WHEREAS, the Planning Commission of the City of Carlsbad
on May 25, 1973, duly and regularly passed and adopted
Resolution No. 910 finding , determining, declaring and reporting
among other things that the location, purpose and extent of the
acquisition of real property for said public improvement
and of the authorization and construction of said public
improvement conform with the General Plan of the City of
Carlsbad; and
WHEREAS, this City Council has considered all the facts
relating to said project and is fully informed in the premises
and deems it appropriate to supplement Resolution 1832 in
several respects;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That said proposed public improvement is planned and
located in the manner which will be most compatible with the
greatest public good and the least private injury.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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City Council on the 5th day of June , 1973, by the
following vote, to wit:
AYES: Cmn. McComas, Lewis, Chase, and Frazee.
NOES: None.
ABSENT: Cmn. Dunne.
GLENN E. McCOMAS, Vice-Mayor
ATTEST:
. ADAMS, <City Clerk
(seal)
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