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
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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.
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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
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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
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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.
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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
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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)
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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.