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HomeMy WebLinkAbout1980-07-01; City Council; 4098-9; Bristol Cove Assessment District 79-1CITY OF CARLSBAD AGENDA BILL NO DATE: DEPARTMENT: 4098 - Supplement No. 9 July 1, Engineer! 1986 ng Initial: rifiUC| C. C. pt. Head £ Atty _ $$/f Mgr. ft/ <^^ —~ SUBJECT: ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE) RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES STATEMENT OF THE MATTER On May 6, 1980, the Council established the assessment district and approved sale of bonds. On May 20, 1980, the Council awarded bids for the construction of the storm drain. The project is nearly ready for construction. Unfortunately, the easements necessary for the project have not yet been acquired. On May 6, 1980, the Council adopted Resolution No. 6179 authorizing condemnation of the Guisto easements. At that time we felt that tUeother property owners were willing to sign easements. However, the Hearns have not yet signed. The City's right-of-way consultant .has indicated that the City should prepare condemnation documents. EXHIBITS 1. 'Staff report with map 2. Resolution No.^a^J, Necessity to Condemn ^ RECOMMENDATION Adopt Resolution No.^,j?^3. Council Action: 7-1-80 Council directed that the matter be removed from the agenda and filed. MEMORANDUM - June A, 1980 TO: City Manager FROM: City Engineer SUBJECT: BRISTOL COVE ASSESSMENT DISTRICT In addition to the condemnation proceedings against the Guisto property, it seems inevitable that the City will have to also initiate condemnation proceedings against the Hearn property. Prior to doing so, the Council should be firmly convinced that the benefits to be gained by the project outweigh the negative aspects of condemnation: Public Interest and Necessity The primary purpose of the project is to solve a significant erosion and sedimentation problem and protect the Agua Hedionda Lagoon. Practically all of the sediment that is deposited in Bristol Cove Channel at present is generated in the area between Adams Street and Holiday Manor, and between Park Drive and Highland Drive. The highly erodible soils in this area are subjected to damage from surface runoff to an extent, but are considerably more vulnerable to the cutting velocities along the banks of the streambed due to the concentrated flows. Conservatively, an average of 8,000 cubic yards per year of this material will be displaced and ultimately deposited in the Bristol Cove Channel unless protected from the high velocities of transient waters. The proposed culvert system would eliminate this problem. The erosion generated by local runoff is estimated at only several hundred cubic yards per year which would dissipate as land development progressed. The project would enhance the use of the Bristol Cove recreation area. It would also allow the elimination of an open drainage course and make more land available for use. Necessity of Taking Property Park Drive is an existing street of ultimate 84-foot right-of-way. Presently the dedicated width width ranges from 50 feet to 67 feet in the area of the storm drain construction. The new storm drain must travel from the end of the existing storm drain on James Drive to the existing drainage easement in Bristol Cove. To accomplish this, the engineer has designed the new pipeline along the alignment of existing Park Drive and has avoided routing it across private property. -2- BRISTOL COVE ASSESSMENT DISTRICT In the 50-foot Park Drive right-of-way, which is owned by the City, there exist two telephone conduits on the west side of the street; a 12" water line on the east side. A portion of the open drainage ditch paralleling Park is also in the street right-of-way on the west side of the street. In order to install the proposed A8" storm drain and carry a smooth curve throughout its alignment, the engineer feels the only feasible route is along the east side of the street. Alternatives to the proposed alignment along the east side of the street would be: (l) Install the storm drain in the open ditch along the west side of the street; (2) Attempt to wiggle the storm drain between or alongside the telephone conduits. The first alternative requires filling the existing drainage ditch and would also involve obtaining rights to work on private property. The second and third alternatives are extremely risky and would not only increase the contract cost and endanger the existing facilities during construction, but may prove to be impossible once the excavations were made and the exist- ing facility locations were precisely determined. Design and Location Most Compatible with Greatest Public Good and Least Private Injury The design consultant reviewed alternative methods of protecting Bristol Cove from siltation. He determined that the only means other than the proposed culvert system would require, as a minimum, the acquisition of right-of-way for the construction of check dams and desilting basins along the route of the contributory streambed. Not only would this alternative also require property acquisition, but the open drainage course would remain and the need for continued maintenance of the desilting basins would be a reoccurring expense. The proposed easement is across property which will eventually be street right-of-way and will not affect any existing residences. LErmrnt 6A/80 IP Ml p*K2«? «-•»'ssf S 3 £> TO-OTJ rr a<CD 1 2 3 4 5 6 7 8 9 10 11 12 s 13 *S § o-^| 14 §°|l2 K 2 LL -1Cm 5 5 3 -10 -: IS ^ S 8 Q 16(JJ ^ CN rfirs> h- OC < < > °H U 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6223 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZ- ING CONDEMNATION OF CERTAIN PROPERTIES FOR THE CONSTRUCTION OF CERTAIN PUBLIC DRAINAGE IMPROVEMENTS AND OTHER PUBLIC IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH. _ WHEREAS, the City Council of the City of Carlsbad, California is proposing certain public drainage improvements and other public improvements as described herein; and WHEREAS, the Planning Commission, of the City of Carlsbad, determined at their regular meeting held November 28, 1979 that the proposed acquisition and the project is consistent with City's general plan, as required by Government Code Section 65402 and Carlsbad Municipal Code Section 2.24.065; and WHEREAS, Negative Declaration, Log No. 561, has been prepared and certified in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 as amended in the California Environmental Quality Act; and WHEREAS , the City Council has held a public hearing according to the provisions of the Code of Civil Procedure Section 124.235; and WHEREAS, after said duly noticed public hearing, the City Council of the City of Carlsbad finds, 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 certain public improvements to wit: the construction and installation of a 48" diameter drainage culvert, together with appurtenances and o<03 d u.a o 1 2 3 4 5 6 7 8 9 10 11 12 1 13 O)o> I 14 cc § 15 5o 16 COCO—Icc<u 17 18 19 20 21 22 23 24 25 26 27 28 appurtenant work in connection therewith, including the acquisition of necessary rights-of-way for construction and installation of said culvert, extending from the existing drainage pipe outlet in James Drive and extending to the 72" drainage culvert at the intersection of Park Drive and Adams Street in the City of Carlsbad. 2. That public interest and necessity require the acquisition of public easements for rights-of-way and other related purposes for said public improvements over real property as described in Exhibit A, attached hereto and made a part hereof. 3. That the City of Carlsbad, California is authorized to condemn said real property for the purposes described herein by one or more of the following public provisions: (A) Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120 and 1255.410. (B) Government Code Sections 37350.5 and 40404(b). (C) Streets and Highways Code Sections 5101, 5102, 5023, 5023.1, 10010 and 10102. 4. That use of all said real property for public drainage improvements and other public improvements are public uses authorized by law. 5. That a taking of said real property described herein 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 is most compatible with the greatest public good and least private injury. -2- 1 2 3 4 5 6 7 8 9 10 11 120 £o °° TZ!3 g 13 Q: < S o'"sl 14 °° ii 2fc|8 15OQ - ^ -, J-O °5<s; o LU ^ ^ rf0 £ " ^Z O co 1-o 16 17 18 19 20 21 22 23 24 25 26 27 28 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That the City Attorney 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 7 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 juris- diction over such suit or suits as are necessary to condemn said land 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 amount or amounts of such security in the way of money deposits as said court may direct to be made upon the taking of possession of said lands by the City of Carlsbad and to take immediate possession and use of said land 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 in such manner as the court in which the condemnation proceedings hereby authorized are pending may -3- 1 2 3 4 5 6 7 8 9 10 11 120 rn CO 1 *Z-j 8 -*-^ of < S §" S = i 14 Pi* 15QQ — — *J. v £ £ 8 Q- 16UJ 2 CN <J Ml i? £ ° 18 19 20 21 22 23 24 25 26 27 28 direct. 3. That the real property, which the City of Carlsbad by this resolution authorizes to be acquired for construction and installation of the public drainage and other public improvements described herein, 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 day of , 1980 by the following vote, to wit: AYES : NOES: ABSENT : RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -4- EXHIBIT HEARN CONDEMNATION — LEGAL DESCRIPTION As an easement for street and drainage and sewage purposes in- cluding access rights, that portion of Lot I of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, and of Lot 1 in Block "F" of Bellavista, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, and more particularly described as a whole as follows: BEGINNING at the Southeasterly corner of Lot 155 of Carlsbad Tract no. 72-18, Unit No. 2, according to Map thereof No. 7973, filed in the office of the County Recorder of San Diego County, June 27, 1974; thence along the boundary of said Map No. 7973, S56016'54"W a distance of 285.69 feet to the Westerly line of said Lot 1 in Block "F" of Bellavista, the TRUE POINT OF BEGINNING: thence S5°57'15"E along said Westerly line of Lot 1 a distance of 1.48 feet to a point of tangency with a 225 foot radius curve, concave Easterly, a radial to said point bears N84002'45"W; thence South- erly along the arc of said curve a distance of 119.42 feet through a central angle of 30°24'35" to a point of tangency with a line that bears S24°27'20"E; thence S24°27'20"E along said line a distance of 29.94 feet to a point of cusp with a 446 foot radius curve, concave Easterly, a radial to said point bears N69°22'55"E; thence Northerly along said curve a distance of 150.50 feet to the Westerly line of said Lot 1; thence S56°18'10"W along said Westerly line a distance of 3.32 feet to the TURE POINT OF BEGINNING.