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HomeMy WebLinkAbout1980-03-18; City Council; 6159-2; Tamarack Avenue ExtensionCITY OF CAR. SR;-,:» AGENDA BILL. NO, 6159 Supplement No. 2 ~ ""~~ ' "~"~~————— —_„-ji-j-""ij ------ ..••!.--• .— I'c^pt • MCclG DATE : J!^ES*LMi_1^2. c- Att-v DEPARTMENT: Engineering C. Mgp. SUBJECT: TAMARACK AVENUE EXTENSION / RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES STATEMENT OF THE MATTER The City Council, at its February"5, 1980 meeting, approved a minute motion agreeing that the City will assist Lake Calavera Hills in the acquisition of the required rights-of-way necessary for the Tamarack Avenue extension. Accordingly, Lake Calavera Hills sent to the property owners a final offer for acquisition.of the necessary easements. To date, they have received no response to their final offer. The City should, therefore, initiate condem- nation proceedings. . EXHIBITS Staff Report - Tamarack Avenue Extension. Resolution No. (e/ 3 3 , Authorizing the Condemnation of Certain Properties for the Tamarack Avenue Extension. RECOMMENDATION ' . ' Adopt Resolution No. (j / £ ^ . Council Action: 3-18-80 .Council adopted Resolution 6122, authorizing the condemnation of certain properties for the Tamarack Avenue extension. MEMORANDUM - March 12, 1980 TO: City Manager FROM: City Engineer SUBJECT: TAMARACK AVENUE EXTENSION Descriptionof Project for which Condemnation Required The scope of the project contemplated includes the widening and extension of Tamarack Avenue east from El Camino Real, the installation of a reversible force sewer main between the existing sewer main in El Camino Real and the Lake Calavera Sewage Treatment and Reclamation Facility, effluent disposal line, flood control and drainage improvement, irrigation lines, and easements for public utilities and related facilities including gas, electric, telephone and water* The project is to provide services and access to the Lake Calavera Sewage Treatment and Reclamation Facility, the Lake Calavera Hills master planned area, as well as the surrounding properties* The extension of Tamarack Avenue is also required in order to implement the Circulation Element of the Carlsbad General Plan which provides for the extension of Tamarack Avenue as a secondary arterial having an 84-foot right of way* Acquisition of the required easements has been made a condition for the construction of the Lake Calavera Sewage Treatment and Reclamation Facility pursuant to PDP-2, approved by the City Council in Resolution No* 5871 on August 7, 1979; the approval of Tentative Map CT76-12 and Planned Unit Development permit (PUD-4) approved by City Council Resolutions No* 5145 and No. 5146 respectively; and also by the Lake Calavera Hills Master Plan MP-150(A) approved by City Council Ordinance No* 9517* Public Interest and Necessity of the Proposed Project The proposed project will be in the public interest and necessity for the following reasons: 1. The extension of Tamarack Avenue east from El Camino Real, as proposed here, is consistent with the Circulation Element of the Carlsbad General Plan. The 84-foot right of way is designated as a secondary arterial and is an important link in the overall pattern and street system for the City of Carlsbad* 2* The Tamarack Avenue extension will provide access for fire protection, police protection and other city services to the master planned Lake Calavera Hills area and surrounding areas, which may ultimately have a population of 7,500 people* 3. The proposed project also includes the required and necessary easements for public utilities and facilities such as gas, water, electric and telephone to serve the master planned and surrounding areas as well as the Lake Calavera Hills Sewage Treatment and Reclamation Facility* 4* The proposed project provides for the construction of reversible force sewer main connecting the existing sewer main in El Camino Real to the Lake Calavera Hills Sewage Treatment and Reclamation Facility, thereby increasing the ability of providing sewer service to the City of Carlsbad and the northeast drainage basin* The project will also provide easements for the effluent disposal line for the Lake Calavera Hills Sewage Treatment and Reclamation Facility which is anticipated to serve approximately 5,000 acres of the northeast drainage basin of the City of Carlsbad, including the master planned Lake Calavera Hills community. The provision of additional sewer capacity has previously been found to be in the public interest and required for the health, safety and welfare of the citizens of Carlsbad by the City Council in its Ordinance No* 9517 approving the Lake Calavera Hills Master Plan MP-150(a); City Council Resolution No* 5871 for the Precise Development Plan (PDP-2) for the Sewege Treatment and Reclamation Facility; and Resolutions No. 5145 and No. 5146 of the City Council in connection with approval of Tentative Map No. 76-12 and Planned Unit Development (PUD-4) within the master planned area* 5* The proposed project also provides flood and drainage control inprovements designed to accommodate 100-year flood protection, within the easements to be acquired, for the protection of the area and the adjoining properties, thereby helping to eliminate drainage problems existing in the area* The Proposed- Project Is Planned and Located in the Manner that Will Be Most Compatible with the Greatest Public Good and Least Private Injury Substantial study and consideration have been given to the planned location of the proposed project* Alternative locations for the easements had been considered, but the existing location was selected for the following reasons: 1* The proposed alignment best reflects the preferred alignment to implement the Circulation Element of the Carlsbad General Plan in providing a critical link in the northeast area circulation system for the needed secondary arterial* -2- 2. The proposed alignment closely follows the natural terrain of the area, providing the most reasonably direct route from the existing intersection of Tamarack Avenue and El Camino Real easterly to the master planned area in accordance with the Circulation Element of the General Plan* 3. The alignment is in close proximity to the natural drainage channel and, combined with the drainage improvements, will improve the area's flood protection. 4. The alignment and connection at El Camino Real provides the most suitable intersection point for the reversible force sewer mains and for other public utilities such as water, gas, electric and telephone. 5. Extension of Tamarack Avenue east from El Camino Real at its present location minimizes the number of inter- sections along El Camino Real, thereby improving the circulation and traffic safety features of El Camino Real. 6. The location designed follows not only a natural drainage course, but also generally follows the permanent open space area designated on the General Plan, thereby creating the minimum interference with the potentially developable areas. 7. The design and location best serves the existing and future land uses by providing farm implement crossings, public utilities, and permanent all-weather access to the surrounding areas. 8. The location does not cross any developed or improved property, thereby minimizing disruption or dislocation of any residences, structures or other improvements. The PropertySought to be Acqu ir ed I s Necessary for the Proposed P_rpj_ect The real property to be acquired by the condemnation consists of approximately 19.646 acres. Its size is dictated by engineering and design criteria necessary to construct the 84-foot right of way for a secondary arterial. The width of the slope easements on either side of the right of way is dictated by the topography and the necessity of providing for the permanent flood and drainage control improvements associated with the project. The area of acquisition has been kept to its minimum consistent with sound engineering and design criteria. No excess property is included. -3- CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Calif. 92008 (714) 438-5541 Dated: February 26, 1980 Ms. Virginia Robertson 4656 El Camino Real Carlsbad, California 92008 NOTICE; THE CITY INTENDS TO ADOPT A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY AS TO WHICH THE RECORDS SHOW YOU MAY BE AN OWNER. YOU MUST RESPOND IN WRITING TO THIS NOTICE IF YOU WISH TO APPEAR AND BE HEARD AT THE CITY COUNCIL HEARING. HEARING DATE; The City Council of the City of Carlsbad, California, intends to adopt a Resolution of Necessity after a hearing to be held on March 18, 1980. PROPERTY TO BE CONDEMNED; The property to be condemned is shown on the Plat for Offsite Tamarack Avenue prepared by Rick Engineering Company consisting of two pages, a copy of which is attached hereto and incorporated herein by this reference. PROJECT; The overall project consists of a Sewage Treatment and Reclamation Facility and the condemnation of required easements for the extension, widening, and improvement of Tamarack Avenue east of El Camino Real, the construction of a reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines, public utilities Ms. Virginia Robertson February 26, 1980 Page 2 and related facilities within the easement to serve and provide access to the Sewage Treatment and Reclamation Facility and master planned area, in order to implement the Circulation Element of the Carlsbad General Plan. PLEASE TAKE NOTE; You have the right to appear and be heard at the hearing on those matters referred to in Section 1240.030 of the California Code of Civil Procedure, to wit: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. If you wish to exercise this right, your written request to appear to be heard must be on file with the City Clerk, 1200 Elm Avenue, Carlsbad, California 92008, not later than 5:00 P.M., March 17, 1980. Failure to file a written request will result in a waiver of your right to appear and be heard at the City Council hearing. If you have any questions regarding the proposed action, please contact the City Engineer at 1200 Elm Avenue, Carlsbad, California 92008, (714) 438-5541. Les Evans City Engineer CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Calif. 92008 (714) 438-5541 Dated: February 26, 1980 Ms. Elsie M. Kelly 4656 El Camino Real Carlsbad, California 92008 NOTICE; THE CITY INTENDS TO ADOPT A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY AS TO WHICH THE RECORDS SHOW YOU MAY BE AN OWNER. YOU MUST RESPOND IN WRITING TO THIS NOTICE IF YOU WISH TO APPEAR AND BE HEARD AT THE CITY COUNCIL HEARING. HEARING DATE; The City Council of the City of Carlsbad, California, intends to adopt a Resolution of Necessity after a hearing to be held on March 18, 1980. PROPERTY TO BE CONDEMNED; The property to be condemned is shown on the Plat for Offsite Tamarack Avenue prepared by Rick Engineering Company consisting of two pages, a copy of which is attached hereto and incorporated herein by this reference. PROJECT; The overall project consists of a Sewage Treatment and Reclamation Facility and the condemnation of required easements for the extension, widening, and improvement of Tamarack Avenue east of El Camino Real, the construction of a reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines, public utilities Ms. Elsie M. Kelly February 26, 1980 Page 2 and related facilities within the easement to serve and provide access to the Sewage Treatment and Reclamation Facility and master planned area, in order to implement the Circulation Element of the Carlsbad General Plan. PLEASE TAKE NOTE; You have the right to appear and be heard at the hearing on those matters referred to in Section 1240.030 of the California Code of Civil Procedure, to wit: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. If you wish to exercise this right, your written request to appear to be heard must be on file with the City Clerk, 1200 Elm Avenue, Carlsbad, California 92008, not later than 5:00 P.M., March 17, 1980. Failure to file a written request will result in a waiver of your right to appear and be heard at the City Council hearing. If you have any questions regarding the proposed action, please contact the City Engineer at 1200 Elm Avenue, Carlsbad, California 92008, (714) 438-5541. Les Evans City Engineer LUCE, FORWARD, HAMILTON & SCRIPPS .->« « POST OFFICE Box 789 iAN BUOOO,,1CI ''u™o.*"'.7*""- 3I5O Pio Pico DRIVE • ... o«.o'*li*.o.",." ITl.l flft-1414 CARLSBAD, CALIFORNIA 92OO8 >-S2OO December 28, 1979 Mr. Wayne Dernetz ^K,v.^ j^t-u^uA City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Lake Calavera Hills Associates' Request for Initiation of Eminent Domain Proceedings for Acquisition of Tamarack Avenue Extension Calavera Hills Tract No. 76-12 Sewage Treatment Facility PDP-2 Dear Mr. Dernetz: The purpose of this letter is to request the City of Carlsbad to initiate eminent domain proceedings for the acqui- sition of the required right of way for the Tamarack Avenue extension, reversible force main, and related facilities pursuant to conditions imposed by Calavera Hills Tract No. 76-12 and Sewage Treatment Facility PDP-2. This request is made of the City of Carlsbad after many, many months of unsuccessful efforts to negotiate the purchase of the required right of way from the owners, Everett and Virginia Robertson. Lake Calavera Hills Associates have exhausted all reason- able avenues to negotiate an acquisition of the required right of way. In July, 1979, Lake Calavera Hills Associates made a formal written offer to purchase the right of way. The offer made was $50,000 cash plus the exchange of property contiguous to the Robertson holding conservatively valued in excess of $100,000, with manner of payment flexible, including tax deferred exchange, as required by the Robertsons to assist in minimizing tax consequences to them. That offer went unaccepted by the Robertsons. Thereafter, negotiations continued with Mr. Norm Vetter of Feist, Vetter, Knauf & Loy, the attorneys for the Robertsons. In October, 1979, an M.A.I, appraisal firm, Anderson & Brabant, Inc., mutually selected by the Robertsons and Lake Calavera Hills Associates, was retained to do a full appraisal of the required right of way acquisition for the extension of Tamarack Avenue, LUCE.'PORWARD, HAMILTON &, 1IPPS ' ^ -M*Mr. Wayne Dernetz December 27, 1979 Page 2 reversible force main and related facilities. The appraisal, dated October 31, 1979, was prepared and signed by Mr. James Brabant, M.A.I., and concludes that the fair market valuation of the proposed acquisition is $214,000 and no severance damages are involved. The appraisal was undertaken at the expense of Lake Calavera Hills Associates. Upon receiving Mr. Brabant's opinion of market value, Lake Calavera Hills Associates then offered the full appraised value of $214,000 to the Robertsons, either in cash or in some other form as can be reasonably agreed upon by the parties for the Robertsons' tax or other benefit. The Robertsons were also provided with a copy of Mr. Brabant's appraisal report. Despite having received the full appraised value offer over two months ago, and despite repeated efforts by this office to obtain a response or reply to the offer, the Robertsons have failed to communicate any reply or response whatsoever. The Robertsons' silence speaks louder than words as a rejection of the full appraised value offered for their property. Inasmuch as acquisition and improvement of the Tamarack Avenue extension, reversible force main, and related facilities are express conditions of Calavera Hills Tract No, 76-12 and the Sewage Treatment Facility PDP-2, early acquisition and improve- ment is imperative. Lake Calavera Hills Associates requests the City of Carlsbad to immediately initiate eminent domain proceedings for acquisition of the required right of way. Should the City of Carlsbad desire any of the supporting documents, letters, or the October 31, 1979 appraisal report, please do not hesitate to call me, and I can have those materials immediately delivered to your offices. We would respectfully request your early attention and calendaring of this matter. If there is anything Lake Calavera Hills Associates or this firm can do to assist in expediting the acquisition, please let me know. _V-eryx truly yours, I '_ S RonaTd^K. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS Attorneys for Lake Calavera Hills RWRrrn Associates cc: Mr. Vincent Biondo ->]L f. f rMr. Norm Vetter ••-''-'*A ".e.,'.'>-\c,-. LUCE, hORWARD, HAMILTON & SCRIPPS .,*-....«.« THE BANK OF CALIFORNIA PLAZA tiJ0llvo,ricl. 4»<V-lb»» ~* : — «»O LA JOU* F '•""',«.*"'.*>"•••"'• MO WEST A STREET™°* "»»oo ""Kja^ccr iTHirr SAN DIEGO, CALIFORNIA 92lOt »....*.-«>.. (71-V) 236- November 297 1979 nt. Norman L. Vetter, Esq. ; • v Feist, Vetter, Knauf & Loy ' r -1 • 810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside CA 92054 Re: Your Client: Virginia Robertson Our Client: Lake Calavera Hills Associates Dear Norm: Roy Ward and I met with you some time ago regarding our final offer in regard to the acquisition of the Tamarack Avenue right of ,way. At that time, we requested an early response from your client regarding the prospects cf negotiating a settlement of that matter. Since then, we have not heard from you. Would you please favor us with an indication of whether there is a basis for further discussion or whether we should assume that legal action will be required, I would very much appreciate some form of status report on this matter by Wednesday, December 5, 1979. Thank you for your continued cooperation in this matter. Very truly yours, i LUCE, FORWARD, HAMILTON & SCRIPPS Vv— By: Louis E. Goebel LEG/mjh cc Roy Ward f LUCE. FORWARD, HAMILTON & SCRIPPS THE BANK °F CALIFORNIA PLAZA t< J0tt> Of,iec * oo i* jon* riMAtaC>*i. »UH, A *°" °'"ct '01 ""r\ SAN DIEGO. CALIFORNIA 9HIOI «oo *-«o».tcnr»eet I* JOtLA. C-»L"O MtalA »} O>» »,T o/rret .o. 7.. >i3O MO r*CO DitlVC November 7, 1979 Norman L. Vetter, Esq. .• Feist, Vetter, Knauf & Loy 310 Mission Avenue, Suite 300 . • Post Office Box 240 ' . Oceanside CA 92054 Re: Your Client: Virginia Robertson . " Tamarack Avenue Extension Acquisition Dear Mr. Vetter: We understand that you have been provided with a copy of the appraisal of the property interests required for the extension of Tamarack Avenue pursuant to the. Lake Calavera Hills master plan and related "City of Carlsbad approvals. The appraisal was completed by M.A.I, appraisers mutually agreed upon by the parties. This will -confirm that Lake Calavera Hills offers to pay to Virginia Robertson for the interests the sum indicated by the appraisal, either in cash or in the form set forth in Mr. Ward's letter to the Robertsons, of July, 1979, or in such other form as can reasonably be agreed upon by the parties for your client's tax or other benefit. We look forward to meeting with you and your clients to discuss this matter further so that we can reach a decision as to whether the matter can be settled promptly without litigation or whether condemna- tion will be necessary. Thank you for your continued cooperation. Very truly yours, LUCE, FORWARD, HAMILTON & SCRIPPS By: Louis E. Goebel LEG/mjh cc Roy Ward 0 Robertson Proposal July 5, 1979 Page 2 Lots 29, 30, 31, 32 and Parcel A in Tract 76-12 which are all contiguous to Robertson land, (two of which could be re-sub- divided with the mapping of the Robertson lands adjacent to Tract 76-12). Estimated value of said lots fully improved, before resubdividing, is TWENTY FIVE THOUSAND DOLLARS each. In addition, Lake Calaveras Hills will pay FIFTY THOUSAND DOLLARS ($50,000) cash or in the form of an installment note to facilitate an installment sale or a tax deferred exchange of the right of way property of the Robertson's for the land of Lake Calaveras Hills Associates. Since the land required for the right of way is in what will be permanent open space corridor according to the City general plan and therefore undevelopable, the valuation for the proposal was based on that use and not on the basis of it being developable. I would appreciate the opportunity to discuss with you and your counsel all of the aspects of this proposal with you within .'-.the next, ten days. Very truly yours, Roy J. General Partner ab enc C ( O '- July 5, 1979 Mr. & Mrs. Everett Robertson 3656 El Cami'no Real Carlsbad, California 92008 Dear Mr.& Mrs. Robertson; This letter constitutes a proposal by Lake Calaveras Hills Associates to acquire on behalf of the City of Carlsbad a dedication of right of way for the extension of Tamarack Avenue North eastward over lands owned by Virginia Robertson et al, to the property owned by Lake Calavera Hills Associates. The dedication of right of way to the City of Carlsbad was made a condition of an approved tentative Map 76-12 in August of 1977 as part of the Master Circulation System of the City, and of Master Plan 150-A. The proposed right of way, as per plans and specifications submitted to Mr. & Mrs. Robertson will include the full width development of the street section, curbs and gutter, sidewalk one side, storm and drainage cross gutters, drainage channel the length of the improvement, a 10" sewer force main to enable sewer service availability to the Robertson properties; water service, slope planting and irrigation system and concrete tractor crossing section to accomodate agriculture implements. All improvements will be constructed and completed at no cost to the Robertsons. For the dedication of the right of way for the Tamarack extension to the City of Carlsbad, the legal description of which is attached hereto as Exhibit "A" Lake Calaveras Hills Associates proposes the following compensation to the Robert- sons for the right of way dedication: fr, ^A ,„ A . . . „ 3088 Pio Pico Dr.. Suite 201 - Carlsbad. Ca. 92008 - (714)729-4912 LAKE CALAVERA HILLS 4321 Birch Street • Newport Beach. Ca. 92660 • (714)549-2988 1200 ELM AVENUE HI ^xj?^ M TELEPHONE: CARLSBAD, CALIFORNIA 92008 M<JLWrjM (714)438-5621 Op of Carisibab March 26, 1980 Ms. Elsie M. Kelly 4656 El Camino Real Carlsbad, CA 92008 Re: Condemnation of Certain Properties for Widening and Extension of Tamarack Ave . The Carlsbad City Council, at their meeting of March 18, 1980, adopted a Resolution of Neces- sity No. 6122, authorizing condemnation of cer- tain properties for the widening and extension of Tamarack Avenue. Enclosed for your records please find a copy of subject resolution. ALETHA L. RAUTENKRANZ City Clerk ALRrkrs End osure cc: City Engineer 1200 ELM AVENUE • ^J?^ Ml TELEPHONE: CARLSBAD. CALIFORNIA 92008 mdHl/ rjfl (714)438-5821 Citp of Cartefoab March 26, 1980 Ms. Virginia Robertson 4656 El Camino Real Carlsbad, CA 92008 Re: Condemnation of Certain Properties for Widening and Extension of Tamarack Ave. The Carlsbad City Council, at their meeting of March 18, 1980, adopted a Resolution of Neces- sity No. 6122, authorizing condemnation of cer- tain properties for the widening and extension of Tamarack Avenue. Enclosed for your records please find a copy of subject resolution. ALETHA L. RAUTENKRANZ City Clerk ALR:krs Enclosure cc : Ci ty Engineer 1 2 3 4 5 6 7 8 9 10 11 12o 1 § 13si< s 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6122 0 "- S 5 CJ A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES FOR THE WIDENING AND EXTENSION OF TAMARACK AVENUE, THE INSTALLATION OF REVERSIBLE FORCE SEWER MAIN AND EFFLUENT DISPOSAL LINE, DRAIN- AGE IMPROVEMENTS, IRRIGATION LINE, PUBLIC UTILITIES AND RELATED PUBLIC FACILITIES. WHEREAS, the City Council of the City of Carlsbad, California is proposing a public improvement as described herein; and WHEREAS, the Planning Commission determined at their regular meeting, held February 27, 1980, that the proposed acquisition and project is consistent with the City's General Plan, as required by Government Code Section 65402 and Carlsbad Municipal Code Section 2.24.065; and WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Commission and the City Council, and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972, as amended, and the California Environmental Quality Act; and WHEREAS, the Planning Commission of the County of San Diego, at their meeting held March 14, 1980 approved a street opening permit for the proposed Tamarack Avenue extension and found the project to be consistent with the County's General Plan, according to Government Code Section 65402; and WHEREAS, the City Council has held a public hearing according to the provisions of Code of Civil Procedure Section 1245.235; and WHEREAS, after said public hearing, the City Council of the . Q 00 „ " 1- CC r>g£ < o>VINCENT F. BtONDO, JATTORNEY - CITY OF C1200 ELM AVENUE^RLSBAD, CALIFORNIA^*. **. > 0 t-o _ 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 City of Carlsbad finds and determines and hereby declares as follows: 1. That public interest and necessity require the acquisition, construction and completion by the City of Carlsbad, County of San Diego, State of California, of public improvements, to wit: The widening and extension of Tamarack Avenue east of El Camino Real, the installation of a reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines, public utilities and related facilities to serve and provide access to a Sewage Treatment and Reclamation Facility and the Lake Calavera Hills master planned area in the City of Carlsbad. 2. That public interest and necessity require the acquisition of public easements for street and other related purposes for said public improvements over real property as described in Exhibit A, attached hereto and made a part hereof. 3. The City of Carlsbad, California, is authorized to condemn said real property for the purposes herein described by Code of Civil Procedure Sections 1240.010, 1240.110, 1255.410 and 124.120; Government Code Sections 37350.5, 38730, 38900, 39040, 39732, 40404, 54309, 54309.1, 54340 and 54341; and Streets and Highways Code Sections 2380, 4090(c), 5023, 5023.1, 5101, 5102 and 10102. 4. That the use of all said real property for'street widening and extension, reversible force main, effluent disposal line, irrigation lines, public utilities and related public facilities are public uses authorized by law. 5. That the taking of said real property described herein 2. 3 4 5 6 7 8 9 10 11 12 13COCO °° .-jj 1 d"^, 14 O CO IT O i R < t 15 £ | 8 o 161H P 2 < 17 18 19 20 21 22 23 24 25 26 27 28 is necessary for the public use and that said real property be so taken. 6. That the said proposed public improvements are planned and located in a manner which will be most compatible with the greatest public good and least private injury. 7. That the Planning Commission has reported that these public improvements are consistent with the Carlsbad General Plan pursuant to Government Code Section 65402 as implemented by Section 2.24.065 of the Carlsbad Municipal Code. 8. That the County Planning Commission has reported that these public improvements are consistent with the County General Plan pursuant to Government Code Section 65402. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That the City Attorney, individually, or in association with outside counsel, is hereby authorized, empowered and directed in the name of the City of Carlsbad as follows: A. To acquire the real property in the hereinafter described land by donation, purchase, or by condemnation in accordance with the provisions of Part 3, Title VII of the Code of Civil Procedure of the State of California. B. To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper courts having jurisdiction over such suit or suits, as are necessary to condemn said lands for the public improvements herein described. C. To make application to said court for an order, pursuant to Code of Civil Procedure Section 1255.410, fixing the 3. oi z£ 8 oiu «<• « <o £ - £P £o 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 amount or amounts of such security in the way of money deposits as said court may direct to-be made upon the taking possession of said lands by the City of Carlsbad and to take immediate possession and use of said lands for the purpose of constructing said public improvements. D. To make deposit of such security out of proper funds under the control of the City of Carlsbad in such amount or amounts so fixed and determined, and such manner as the Court in which the condemnation proceedings hereby authorized are pending may direct. 3. That the real- property which the City of Carlsbad by this resolution authorizes to acquire for street widening and extension, construction of reversible force sewer main and effluent disposal line, drainage improvements, irrigation lines and public utilities and related public facilities is described in Exhibit A, attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 18th day of March , 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST:AJ._ ALETHA L. RAUTENKRANZ, City Clerk} o ' (SEAL) 4. IIBIT A TO RESOLUTION . 6122 EXHIBIT "A" AN EASEMENT AND RIGHT OF WAY TO FACILITATE PUBLIC ACCESS, UTILITY EASEMENTS, STORM DRAINAGE CONTROL AND LAND USE AND NECESSARY APPURTENANCES OVER ALL THAT PORTION OF LOTS "E" AND "I" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY NOVEMBER 16, 1898 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF EL CAMINO REAL WITH TAMARACK AVENUE PER CT 73-36 UNIT NO. 1, MAP NO. 8006: THENCE N 29°52'12"E FOR 45.00 FEET (RECORD NORTH 29°27'05"E) TO THE TRUE POINT OF BEGIN- NING; THENCE N 29°52'12"E FOR 141.08 FEET (RECORD NORTH 29°27'05"E) 141.18 FEET);' THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT • WITH A RADIUS OF 600 FEET AND A CENTRAL ANGLE OF 24°02'17" FOR 251.72 FEET (RECORD 24°03'05" 251.87 FEET); THENCE TANGENT TO SAID CURVE N 5°49'55" E FOR 113.39 FEET (RECORD N 5°24'E 113.03 FEET); THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 600 FEET AND CENTRAL ANGLE OF 12°31'49" FOR 131.22 FEET; THENCE TANGENT TO' SAID CURVE N 18°21'44" E FOR 97.46 FEET, THENCE S 71° 38'16" E FOR 143.81 FEET; THENCE S 27°18'59" E FOR 149.87 FEET; THENCE N 57°33'53" E FOR 107.74 FEET; THENCE N 66°00'06"E FOR 108.42 FEET; THENCE N 77°01'01"E FOR 108.46 FEET; THENCE N 82°44'48" E FOR 108.46 FEET; THENCE S .89°18'03" E FOR 105.05 FEET; THENCE N 89°01'00" E FOR 100.00 FEET; THENCE N 89°00'57" E'FOR 99.85 FEET; THENCE N 86002'29" E FOR 91.96 FEET; THENCE N 67°55I35" E FOR 93.13 FEET; THENCE N 83°57'34" E FOR 91.94 FEET; THENCE N 68°51' 08" E FOR 91.46 FEET; THENCE N 63°07'21" E FOR 91.46 FEET; THENCE N 51°15'26" E FOR 92.93 FEET; THENCE N 55°24I00" E FOR 300.00 FEET; THENCE N 46°52'09" E FOR 101.12 FEET; THENCE N 61°06'38" E FOR 100.50 FEET; THENCE N 54°09'33" E FOR 93.28 FEET; THENCE N 48041'45" E FOR 89.97 FEET; THENCE N 46008'04" E FOR 90.35 FEET; THENCE N 38°40'17" E FOR 97.26 FEET; THENCE N 38° 27'00" E FOR 200.00 FEET; THENCE N 37°38'35" E FOR 94.83 FEET; THENCE N 32° 28'20" E FOR 90.47 FEET; THENCE N 26°44'33" E FOR 90.47 FEET; THENCE N 21°47'49" E FOR 95.56 FEET; THENCE N 21°12'30" E FOR 100.00 FEET; THENCE N 4°30I43" E FOR 668.83 FEET; THENCE S 89° 25'10" E FOR 244.79 FEET TO A CORNER MONUMENT COMMON TO RANCHO AGUA HEDIONDA, MAP NO. 823, PORTION LOT J AND LOT E, ON THE CITY LIMIT LINE OF CARLSBAD; THENCE S 0°34'50" W FOR 1093.81 FEET ALONG THE CITY LIMIT LINE OF CARLSBAD TO AN ANGLE POINT; THENCE N 89°25'10" W FOR 319.08 FEET; THENCE S 37°30'57" W FOR 106.26 FEET; THENCE S 38°27'00" W FOR 100.00 FEET; THENCE S 41°18'45" W FOR 100.13 FEET; THENCE S 41°31'03" W FOR 101.58 FEET; THENCE S 42°57'58" W FOR 104.96 FEET; THENCE S 48°41'45" W FOR 104.95 FEET; THENCE S 51C19'35" W FOR 103.56 FEET; THENCE S 52°32'15" W FOR 100.13 FEET; THENCE S 55°24'00" W FOR 100.00 FEET; THENCE S 58°15'45" W FOR 100.13 FEET; THENCE S 58015M5" W FOR 100.12 FEET; THENCE S 55°24tOO" W FOR 100.00 FEET; THENCE S 54°44'11" W FOR 104.55 FEET; THENCE S 60°25'04" W FOR 105.83 FEET; THENCE S 66°09'3f>" W FOR 106.32 FEET; THENCE S 61°31M8" W FOR 110.56 FEET; THENCE N 86°38'12" W FOR 110.56 FEET; THENCE S 8G°02'29" W FOR 106.46 FEET; THENCE S 89°00'56" W FOR 100.13 FEET; THENCE S 89°01'00" W FOR 100.00 FEET; THENCE S 85°03'02" W'-FOR 96.03 FEET; THENCE S 64°36'30" S 77°01'01" W FOR 89.97 FEET; THENCE FEET; THENCE S 77°48'51" W FOR 94.10 W FOR 94.11 FEET; THENCE S 63°22'33" S 48°22'09" W FOR 92.4.6 FEET; THENCE FEET; THENCE S 36°54'35" W FOR 92.46 W FOR 69.52 FEET; THENCE S 44°51 "49" S 35°27'02" W FOR 55.00 FEET; TO THE W FOR 96.25 FEET; THENCE S 77°35'14" W FOR 91.01 FEET; THENCE S 47C34'26" W FOR 92.93 FEET; THENCE S 42038'22" W FOR 92.46 FEET; THENCE S 31°53'39" E FOR 132.79 FEET; THENCE BEGINNING OF A NON-TANGENT 2045 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 2045.00 FEET A RADIAL TO SAID POINT BEARS N 32°25'10"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'58" FOR 198.07 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING THAT PORTION WHICH LIES WITHIN CARLSBAD TRACT 73-36, ACCORDING TO MAP THEREOF 8006.