HomeMy WebLinkAbout1986-10-21; City Council; 8797; Authorizing and directing condemation of propertyCIT OF CARLSBAD — AGENT BILL p. o C/?)
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DFPT. CA
TITLE: AUTHORIZING AND DIRECTING THE
CONDEMNATION OF PROPERTY IN THE
CITY OF CARLSBAD
OPPT Htf
CITY MGR.^
DCa.
S;
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RECOMMENDED ACTION:
By motion, adopt Resolution No. py^~^ authorizing and directing
the condemnation of road easements for Palmer Way and the
Barbour Connection easterly of El Camino Real.
ITEM EXPLANATION
As a condition to the approval of Site Development Plan No. 84-5,
the developer, Carlsbad Gateway Center, is required to improve
Palmer Way and the Barbour Connection to reduce adverse traffic
conditions and to provide secondary access to the project from El
Camino Real.
The owners of the subject properties, Mr. and Mrs. WRISLEY and
Mr. DELORM, were contacted on September 30, 1986, and offered
just compensation for the purchase of the easements required for
the improvement of the said streets. This offer has been rejected.
In accordance with state law, the _City has given notice of this
public hearing to the owners of the subject properties. The City
is not required to consider the request of any person to be heard
who did not make a written request to be heard on or before
October 15, 1986, .nor the request o.f- any person not an owner of
an interest in the property being condemned. Adoption of the
Resolution(s) of Necessity requires a two-thirds vote and
conclusively establishes the findings contained therein (they cannot
be contested in the court proceeding).
In Resolution No. 7956, the City Council acknowledged that addi-
tional road easements and roads were required for the development
of the industrial park known and designated as Carlsbad Gateway.
f*. The developer has spent in excess of one year meeting with Mr.
S and Mrs. WRISLEY and Mr. DELORM in an attempt to negotiate the
•2" acquisition of the required road easements. The parties have been
unable to agree on a price for said easements. An offer which
exceeded the appraised value for the easements {prepared by an
MAI appraiser) was rejected by both. Mr. and Mrs. WRISLEY and
Mr. DELORM.
FISCAL IMPACT
None
y
DK:MDDCT3/100786b
OO
Agenda Bill #
Page 2
EXHIBITS
Notice of Public Hearing to Condemn Real Property Interests in
the City of Carlsbad, California
2. Resolution No. &$<?] authorizing and directing the condemnation
of certain real property interests in the City of Carlsbad, State
of California, and declaring the public necessity therefor.
3. Offer of Just Compensation directed to Robert Delorm and Ralph
and Hope Wrisley dated September 4, 1986.
4. Letter dated September 18, 1986, from the law firm of Jennings,
Engstrand & Henrikson by Ronald L. Endeman, rejecting, on
behalf of Mr. Delorm, the offer to acquire his property.
5. Letter dated September 18, 1986, from Mr. and Mrs. Ralph
Wrisley, rejecting the offer to acquire their property.
DK:MDDCT3/100986a
FRANK L. ASARO
ROSCOE D. KEAGY
RICHARD R. FREELANO
JOHN M. TURNER
STEVEN A. MCKINLEY
ARNOLD NEVES. JR.
ASARO & KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3I7O FOURTH AVENUE
SAN DIEGO, CALIFORNIA SZIO3
TELEPHONE I6IS) 2S7-3I7O
September 30, 1986
IN REPLY
REFER TO:
Mr. and Mrs. Ralph Wrisley
690 Elm Avenue
Carlsbad, CA 92008
Re: Notice of Public Hearing to Condemn an Easement for
Drainage Purposes Across Certain Real Property in the
City of Carlsbad, California
Dear Mr. and Mrs. Wrisley:
Our records indicate that you are the owner of certain real prop-
erty which is being considered for condemnation by the City of
Carlsbad.
The City Council of the City of Carlsbad will hold a public hearing
on October 21, 1986, at 6:00 p.m. or as soon thereafter as the matter
may be heard, at the Carlsbad City Council Chambers at 1200 Elm
Avenue, Carlsbad, .California 92008. It is the intent of the City Coun-
cil to consider at that time the adoption of a Resolution of Necessity to
authorize the condemnation of an easement for road purposes on the
property described in the attached Exhibit "A".
Pursuant to California Code of Civil Procedure Section 1245.235,
each person whose property interests are to be acquired by eminent
domain has the right to appear and be heard at the October 21st hear-
ing. The City Council will determine whether (a) the public interest
and necessity require the project; (b) the project is planned or located
in the manner that will be the most compatible with the greatest public
good and the least private injury; and (c) the property sought to be
acquired is necessary for the project.
Failure to file a written request to appear and be heard in the
office of the City Attorney at the Carlsbad City Hall within fifteen (15)
days after the date this Notice is mailed, will result in waiver of the
right to appear and be heard at the aforementioned hearing.
A legal description of the property interests to be acquired and
which will be affected by the Resolution of Necessity is included in
Exhibit "B" to this letter. These property interests are further iden-
tified by the attached map, included herein as Exhibit "C".
EXHIBIT
3
Mr. and Mrs. Ralph Wrisley
Page Two
September 30, 1986
Remember, if you wish to appear and be heard at the Octo-
ber 21st, 1986, public hearing, you must file a written request with the
City within fifteen (15) days after the date this Notice is mailed. The
City welcomes your participation.
If you should have any questions, please call me at 297-3170.
Very truly yours,
ASARO £ KEACY
Richard R. Freeland
RRFrmad
Encs.
xc Mr. Kevin E. McCann
Mr. Vincent Biondo
4
EXHIBIT "A
That portion of Lot "B" of Rancho Agua Hedionda, in the City of C&clsbad,
County of San Diego, State of California, according to the Map thereof No.
823, filed in the Office of th« County Recorder of San Diego County, Soveaber
16, 189f>, described as followsj
Conaencing at the comaon corner of Lot* "C" and "D" on tbe Northerly boundary
line of said Lot "B"; thence South 20* 19' 00" West, 2273.70 f»et; thence
South 20* 31' 30" tf*st 2391.50 f««t to an intersection vith the Northerly
right of va-y line of County load A-13 60.00 feet vide as shown on Record of
Survey No. 517, filed in the Office of the County Recorder of San Diego
County, October 23, 1935; thence along the Northeasterly line of County Road .
A-13 as shown on said Record of Survey Ro. 517, South 80" 12' 00" East, 3.54
feet to the TRUE POINT OP BEGINNING; thence retracing along last two described
courses, North BO* 12' 00" Uest, 3.54 feet and North 20* 31' 30" East, 779.07 .
fe.ec to the Southwesterly corner of land described in^ deed to Ethel M. Wilson,
recorded June 23, 1958 In. Rook 7134, Page-'-" 2 90 of Of ficl al • Records; thence
alone Che Southerly and Easterly boundary of 'said 'Jilj»on''s land, North 89*'57'
00" East, 324.00 feet; and North 20* 31V 30" East, 136.52 feet; thence.South
59' 5o" 30" East, 660.98 feet; thence South 10* 28' QJ" West, 44S.26 feet;
thence North 64* OO1 58" West, 585.71 feet to a point herein designated as
Point "A"; thence South 58* 13' 32" rfest 680.00 feet to an intersection vith
the Northeasterly right of way line of said County Road A-13; thence along
said Northeasterly line, North 21* 35* 00" West aproxiaately-50.00 feet to the
TRUE POINT OP EEGINS1NC.
Excepting therefroa that portion lying Northerly of a line vhich bear* North
64* 00' 58" West froa said Point "A" as designered above.
EXHIBIT "B-l"
84136
05-07-86
LEGAL DESCRIPTION
ROAD EASEMENT
WRISLEY PROPERTY
That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823 in the office
of the County Recorder of said County described as follows:
Commencing at-the Southwesterly terminus of that certain course shown as "South
75°35!44" West 845.84 feet" for a portion of the Southeasterly line of that certain
11.00 acre parcel of land as shown on Record of Survey Map No. 10421 in the
office of said County Recorder; thence North 75e>35'44" East 670.98 feet along
said Southeasterly line; thence North 64°24'16n West 464.19 feet to the beginning
of a tangent curve, concave Southwesterly, having a radius of 662,00 feet; thence
Northwesterly 43.25 feet along said curve through a central angle of S^'SS" to
the beginning of a compound curve, concave Southeasterly, having a radius of
20.00 feet; thence Northwesterly and Southwesterly'29.61 feet along said curve' -.
through a central angle of 84°48I47" to the beginning of a reverse curve, concave
Northwesterly, having a radius of 398.00 feet; thence Southwesterly 216.54 feet
along said curve through a central angle of SlIO^S" to a line parallel with and
Southeasterly 76.00 feet from the most Northwesterly line of said 11.00 acre
parcel; thence South 58°12'45" West 101.74 feet along said parallel line to the
most Southwesterly line of said 11.00 acre parcel; thence along said Southwesterly
line and said Northwesterly line, the following courses: North'21°32'351t West
77.23 feet and North 58°12I45tt East 88.00 feet to the TRUE POINT OF BEGINNING;
thence continuing North 58^L2'45n East 308.77 feet to the beginning of a non-
tangent curve, concave Southwesterly having a radius of 738.00 feet, a radial to
said curve bears North 23°52'38" East, said curve being concentric with and
Northeasterly 76.00 feet from that certain curve described above as being concave
Southwesterly and having a radius of 662.00 feet; thence Northwesterly 33.61 !
feet along said curve through a central angle of 2°36'33n; thence North eS^S'SS"
West 100.00 feet to the beginning of a tangent curve, concave Northeasterly,
having a radius of 342.00 feet; thence Northwesterly 8.00 feet along said curve
through a central angle of 1°20'27"; thence South 22°36'32T1 West 76.00 feet to the
beginning of a non-tangent curve, concave Southwesterly, having a radius of
20.00 feet, a radial to said curve bears North 22°36t32" East; thence Southeasterly
and Southwesterly 33.73 feet along said curve through a central angle of 96°37'49"
LEGAL DESCRIPTION-CONTINUED 84136
ROAD EASEMENT 05-07-86
WRISLEY PROPERTY
PAGE TWO : :
to the beginning of a compound curve, concave Northwesterly, having a radius of
322.00 feet, said curve being concentric with and Northwesterly 76.00 feet from
that certain curve described above and being concave Northwesterly and having
a radius of 398.00 feet; thence Southwesterly 162.83 feet along said curve through
a central angle of 28058'24T> to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
7
EXHIBIT "B-2"
84136
06-11-86
LEGAL DESCRIPTION
SLOPE EASEMENTS
WRISLEY PROPERTY
That portion of Lot B of the Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823, in the office
of the County Recorder of said County, described in parcels as follows:
Parcel A: Commencing at the Southwesterly terminus of that certain course
shown as "South 75*35'44n West 845.84 feet" for a portion of the Southeasterly
line of that certain 11.00 acre parcel of land as shown on Record of Survey Map
No. 10421, in the office of said County Recorder; thence North 75t^5t44TT East
670.98 feet along said Southeasterly line; thence North 64°24T16n West 464.19
feet to the beginning of a tangent curve, concave Southwesterly having a radius .
of 662.00 feet; thence Northwesterly 43.25 feet along said curve through a central
angle of 3e44'35n to the beginning of a compound curve, concave Southeasterly
having a radius of 20.00 feet; thence Southwesterly 29.61 feet along said curve
through a central angle of 84°48'47n to the beginning of a reverse curve, concave
Northwesterly having a radius of 398.00 feet; thence Southwesterly 216.54 feet
along said curve through a central angle of 31°10'23n to a line parallel with and
Southeasterly 76.00 feet from the most Northwesterly line of said 11.00 acre"
parcel; thence South 58°12'45n West 101.74 feet along said parallel line to the
most Southwesterly line of said 11.00 acre parcel; thence along said most South-
westerly line and said most Northwesterly line, the following courses: North
21°32t35n West 77.23 feet and North 58°12'45n East 396.77 feet to the TRUE
POINT OF BEGINNING, said point being on a curve, concave Southwesterly having
a radius of 738.00 feet, said curve being concentric with and Northeasterly 76.00 ;
feet from that certain curve described above as being concave Southwesterly and
having a radius of 662.00 feet, a radial line to said curve bears North 23°52f38n
East, ; thence Northwesterly 33.61 feet along .said curve through a central angle
of 2°36'33n; thence North 68e43'55" West 93.38 feet to Point "A", said point being
the beginning of a non-tangent curve, concave Southerly having a radius of 40.00
feet, a-radial line to said curve bears North le^S'SS" East; thence Easterly .21.7 9
feet along said curve through a central angle of 31°12'42n; thence South 75c33tlln
East 74.01 feet; thence South 55°29f29" East 17.46 feet; thence North 88°26'05"
East 42.79 feet to said most Northwesterly line; thence South 58°12t451t West
38.00 feet along said most Northwesterly line to the true point of beginning.
LEGAL DESCRIPTION-CONTINUED 84136
.SLOPE EASEMENTS " 05-11-86
WRISLEY PROPERTY
PAGE TWO
Parcel Bt Commencing at Point "An described above; thence North BS^S'SS"
West 6.62 feet along the Westerly prolongation of that certain course described
above as "North 68°43'55n West 93.38 feet" to the beginning of a tangent curve, •
concave Northeasterly having a radius of 342.00 feet; thence Northwesterly 8.00
feet along said curve through a central angle of l^O^T"; thence South 22°36f32fl
West 76.00 feet to the TRUE POINT OF BEGINNING, said point being the beginning
of a non-tangent curve, concave Southwesterly having a radius of 20.00 feet, a
radial line to said curve bears North 22e36t32" East; thence Southeasterly 33.73
feet along said curve through a central angle of 96^7*49" to the beginning of a
compound curve, concave Northwesterly having a radius of 322.00 feet, said
curve being concentric with and Northwesterly 76.00 feet from that certain
curve described above as being concave Northwesterly and having a radius of
398.00 feet; thence Southwesterly 162.83 feet along said curve through a central
angle of 28°58'24n to said most Northwesterly line; thence South 58ft12>45t' West
88.00 feet along said most Northwesterly line to said most Southwesterly line;
thence North 21°32t35TT West 24.t)0 feet along the Northwesterly prolongation of
said most Southwesterly line; thence North eS^O^S" East 152.34 feet; thence
North 31e48'23" East 91.74 feet; thence North 3054'43n West 17.80 feet; thence
North 22°36t32n East 5.00 feet to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and '
easements, if any, of record."
EXHIBIT "C"
Parcel A—Slope Easement
•Parcel B—Slope Easement
X
0!
WLLIAMSON^SCHMD
17782 SKY PARK BOULEVARD
IRVINE, CALIFORNIA 92714
(7U)26V2222
ONAWNIT
suitvmoiT
CHCCKCOVY
PIKLO BOOK
DAT!
•J :
FRANK. L. ASARO
ROSCOE O. KEAGY
RICHARD R. FRCELAND
JOHN M. TURNER
STEVEN A- MCKINLEY
ARNOLD NEVES. JR.
ASARO & KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3I7O FOURTH AVENUE
SAN DIEGO, CALIFORNIA 92IO3
TELEPHONE (619) SB7-3I7O
September 30, 1986
IN REPLY
REFER TO:
Mr. Robert Delorm
2421 Dustan Street
Oceanside, CA 92054
Re: Notice of Public Hearing to Condemn an Easement for
Drainage Purposes Across Certain Real Property in the
City of Carlsbad, California
Dear Mr. Delorm:
Our records indicate that you are the owner of certain real prop-
erty which is being considered for condemnation by the City of
Carlsbad.
The City Council of the City of Carlsbad will hold a public hearing
on October 21, 1986, at 6:00 p.m. or as soon thereafter as the matter
may be heard, at the Carlsbad City Council Chambers at 1200 Elm
Avenue, Carlsbad, .California 92008. It is the intent of the City Coun-
cil to consider at that time the adoption of a Resolution of Necessity to
authorize the condemnation of an easement for road purposes on the
property described in the attached Exhibit "A".
Pursuant to California Code of Civil Procedure Section 1245.235,
each person whose property interests are to be acquired by eminent
domain has the right to appear and be heard at the October 21st hear-
ing. The City Council will determine whether (a) the public interest
and necessity require the project; (b) the project is planned or located
in the manner that will be the most compatible with the greatest public,
good and the least private injury; and (c) the property sought to be
acquired is necessary for the project.
Failure to file a written request to appear and be. heard in the
office of the City Attorney at the Carlsbad City Hall within fifteen (15)
days after the date this Notice is mailed, will result in waiver of the
right to appear and be heard at the aforementioned hearing.
A legal description of the property interests to be acquired and
which will be affected by the Resolution of Necessity is included in
Exhibit "B" to this letter. These property interests are further iden-
tified by the attached map, included herein as Exhibit "C".
Mr. Robert Delorm
Page Two
September 30, 1986
Remember, if you wish to appear and be heard at the Octo-
ber 21st, 1986, public hearing, you must file a written request with the
City within fifteen (15) days after the date this Notice is mailed. The
City welcomes your participation.
If you should have any questions, please call me at 297-3170.
Very truly yours,
ASARO £ KEACY
Richard R. Freeland
RRFrmad
Encs.
xc Mr. Ron Endeman
Mr. Vincent Biondo
EXHIBIT "A1
That portion of Lot "B" of RAKCHO AGUA HEDIONDA, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 823,
filed in the Office of the County Recorder of San Diego County, November 16,
1896, described as follows:
Commencing at the common corner of Lots "C" and ~D" on the Northerly boundary
line of said Lot "B" thence South 20* 19' 00" West 2273.70 feet; thence South
20" 31' 30" 'West, 2391.50 feet to an intersection vith the Northerly right of
way line of County Road A-13, 60.00 feet wide as shown on Record of Survey No.
517, filed in the office of the County Recorder of San Diego County, October
23, 1935; being an angle point in the boundary of land described in deed to K.
E, Ebright, et ux, recorded February 18, 1966 as Instruioent No. 29332 of
Official Records; thence along said boundary South 80° 12' 00" East 3.54 feet
and South 21* 35' 00" East to the most Southerly corner of said Ebright land,
being the TRUE POINT OF BEGINNING; thence continuing along the boundary of
said land North 58° 13' 32" East 680.00 feet and South 64" 00' 58" East 585.71
feet to an angle point in the boundary of land des-cribed in deed to Russell W.
Grosse, et al, recorded May 26, 1966 as Instrument No. 87559 of Official
Records; thence along said boundary South 3*.21' 49" East 207.82 feet and
South 79° 32' 00" East 150.00 feet to the boundary of land described" under
Parcel 2 in deed to Arnold R. Brilbart, et al recorded June 1, 1965 as
Instrument No. 96810 of Official Records; thence along said boundary South 10*
28' 00" West 491.01 feet; North 85* 22' 52" West 132.81 feet and North 12° 40'
58" West 594.53 feet to the most Easterly corner of Parcel J. of said
Erilhart's land; thence along the boundary of said Parcel 1, South 75* 35' 52"
West 845.83 feet and North 21" 35' 00" West 253.33 feet, nore or less, to the
TRUE POINT OF BEGINNING.
Delorm
; , EXHI'BIT "B-l" 84136
— 05-06-86
LEG AL-DESCRIPTION
ROAD EASEMENT
' DE LORM PROPERTY
That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823 in the office
of the County Recorder of said County lying within that certain 11.00 acre parcel
of land as shown on Record of Survey Map No. 10421 in the office of said County
Recorder described in Parcels as follows:
Parcel 1; Commencing at the Southwesterly terminus of that certain course
shown as "South 75°35'44n West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land; thence North 75°35'44" East 670.98 feet
along said Southeasterly line to the TRUE POINT OF BEGINNING; thence North
64°24'16n West 464.19 feet to the beginning of a tangent curve, concave South-
westerly, having a radius of 662.00 feet; thence Northwesterly 43.25 feet along
said curve through a central angle of 3°44'35" to the beginning of a compound
curve, concave Southeasterly, having a radius of 20.00 feet; thence Northwesterly
and Southwesterly 29.61 feet along said curve through a central angle of 84°48'47"
to the beginning of a reverse curve, concave Northwesterly, having a radius of
398.00 feet; thence .Southwesterly 216.54 feet along said curve through a central
angle of Sl'S.O^S" to a line parallel with and Southeasterly 76.00 feet from the
most Northwesterly line of said 11.00 acre parcel; thence South 58e>12'45" West
101.74 feet along said parallel line to the most Southwesterly line of said 11.00
acre parcel; thence along said Southwesterly line and said Northwesterly line,
the following courses: North 21°32'35n West 77.23 feet and North 58°12'45" East
396.77 feet to the beginning of a non-tangent curve, concave Southwesterly,
having a radius of 738.00 feet, a radial to said curve bears North 23°52!38" East,
said curve being concentric with and Northeasterly 76.00 feet from that certain
curve described above as being concave Southwesterly and having a radius of
662.00 feet; thence Southeasterly 22.13 feet along said curve through a central
angle of l°43'06n to a line parallel with and Northeasterly 76.00 feet from that
certain course described above as "North 64°24'16" West 464.19 feet"; thence
South 64t>24'16" East 464.19 feet along said last mentioned parallel line to the
beginning of a tangent curve, concave Southwesterly, having a radius of 418.00 • •
feet; thence Southeasterly 81.62 feet along said curve through a central angle of
Il°iri8" to said Southeasterly line; thence South 75°35'44ri West 105.88 feet
along said Southeasterly line to the true point of beginning.
Parcel 2: Commencing at the Southwesterly terminus of that certain course
shown as "South 75e>35'44" West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land;.thence North 75°35'44" East 670.98 feet
along said Southeasterly line to the beginning of a non-tangent curve,
LEGAL DESCRIPTION-CONTINUED 84136
ROAD EASEMENT ' 05-06-86
DE LORM PROPERTY
PAGE TWO :
concave Southwesterly, having a radius of 342.00 feet, a radial to said point"
bears North 25°35'44" East; thence Southeasterly 296.22 feet along said curve
through a central angle of 49°37'33n; thence South 14°46'43tl East 173.01 feet to
the beginning of a tangent curve, concave Westerly, having a radius of 962.00
feet; thence Southerly 35.28 feet along said curve through a central angle of
2°06'04n to a line parallel with and Westerly 38.00 feet from the Easterly line of
Parcel 1 as shown on Parcel Map No. 10060 in the office of said County Recorder;
thence South 12°40T39M East 65.00 feet along said parallel line; thence South
14°35'12n East 60.03 feet to the Northwesterly corner of the land described in
the deed to the City of Carlsbad recorded May 11, 1982 as File No. 82-139475 in
the office of said County Recorder; thence North 77°19t21r East 36.00 feet along
the Northerly line of said last mentioned land to a point on the Easterly line of
said Parcel 1, said point being the TRUE POINT OF BEGINNING; thence North
12°40'39n West 479.18 feet along said Easterly line to the beginning of a non-
tangent curve, concave Southwesterly having a radius of 418.00 feet, said curve
being concentric with and Northeasterly 76.00 feet from that certain curve
described above as being concave Southwesterly and having a radius of 342.00
feet, a radial to said curve bears North 55601'49" East;.thence Southeasterly
147.30 feet along said curve through a central angle of 20elr28Tt; thence South .
14°46'43n East 173.01 feet to the beginning of a tangent curve, concave Westerly,
.having a radius of 1038.00 feet; thence Southerly 38.06 feet along said curve •
through a central angle of 2°06'04tt to a line parallel with and Easterly 38.00 feet
from said Easterly line; thence South 12e40'39" East 65.00 feet along said last
mentioned parallel line; thence South lO^e'Oe" East 60.03 feet to a line parallel
with and Easterly 36.00 feet from said Easterly line; thence South 12°40!39" East
7.59 feet along said last above mentioned parallel line to the beginning of a tangent
curve, concave Westerly, having a radius of 536.00 feet, said curve being the
Northerly continuation of that certain curve shown as being concave Westerly
and having a radius of 536.00 feet for the most Westerly line of Parcel 2 as shown
on Parcel Map No. 11573 in the office of said County Recorder; thence Southerly
3.61 feet along said curve through a central angle of 0°23'10n to the most Southerly
line of said 11.00 acre parcel; thence North 85°22'52n West 37.69 feet along said
most Southerly line to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of-way and .
easements, if any, of record.
EXHIBIT "B-2" oSll-86
LEGAL DESCRIPTION
SLOPE EASEMENTS
DE LORM PROPERTY
That portion of Lot B of the Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823, in the office
of the County Recorder of said County, lying within that certain 11.00 acre parcel
of land as shown on Record of Survey Map No. 10421, in the office of said County
Recorder, described in parcels as follows:
Parcel A; Commencing at the Southwesterly terminus of that certain course
shown as "South 75e35'44n West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land; thence North 75°35!44TI East 670.98 feet
along said Southeasterly line to Point "A", said point being the TRUE POINT OF
BEGINNING; thence North 64c24'16n West 464.19 feet to the beginning of a tangent
curve, concave Southwesterly having a radius of 662.00 feet; thence Northwesterly
43.25 feet along said curve through a central angle of 3°44T35t1 to the beginning
of a compound curve, concave Southeasterly having a radius of 20.00 feet; thence .
Southwesterly 29.61 feet along said curve through a central angle of 84°48'47n to.
the beginning of a reverse curve, concave Northwesterly having a radius of 398.00
feet; thence Southwesterly 216.54 feet along said curve through a central angle'
of 31°10'23n to a line parallel with and Southeasterly 76.00 feet from the most
Northwesterly line of said 11.00 acre parcel; thence South 58e12'45n West 101.74
feet along said parallel line to the most Southwesterly line of said 11.00 acre
parcel; thence South 21e32'35tt East 42.00 feet along said most Southwesterly
line; thence North 16°01r32" East 16.40 feet; thence North 48°07'48TI East 155.24
feet to the beginning of a non-tangent curve, concave Northwesterly having a
radius of 405.00 feet, said curve being concentric with and Southeasterly 7.00
feet from that certain curve described above as being concave Northwesterly
and having a radius of 398.00 feet, a radial line to said curve bears South 39c42'18n
East; thence Northeasterly 162.36 feet along said curve through a central angle
of 22*>58'10n to the beginning of a reverse curve, concave Southeasterly having a
radius of 12.00 feet; thence Northeasterly 17.87 feet along said curve through a .
central angle of SS^'Sg"; thence South 67°20T29n East 125.75 feet; thence South
61°52'20" East 339.52 feet; thence South IS^'SS" West 14.27 feet to said South-
easterly line; thence North 75°35T44n East 53.00 feet along said Southeasterly
line to the true point of beginning. • • • •
Parcel B; Commencing at Point "A" described above; thence North 75e35'44n
East 105.88 feet along said Southeasterly line to the TRUE POINT OF BEGINNING;
thence continuing North 75°35'44tl East 10.00 feet along said Southeasterly line;
thence North 54°51'46n West 39.31 feet; thence North 65°33'01n West 50.01 feet;
thence North 59e47.r38" West 62.20 feet; thence North 65e15t12rt West 135.01 feet;
thence North 67*48'39" West 84.15 feet; thence North 59c3r51lt West 164.79 feet;
thence North SS^O'lS" West 25.86 feet to said most Northwesterly line; thence
South 58°12'45n West 35.00 feet along said most Northwesterly line to the beginning
It*
LEGAL DESCRIPTION-CONTINUED 84136
SLOPE EASEMENTS 06-11-86
DE LORM PROPERTY
PAGE TWO
of a non-tangent curve, concave Southwesterly having a radius of 738.00 feet,
said curve being concentric with and Northeasterly 76.00 feet from that certain
curve described above as being concave Southwesterly and having a radius of
662.00 feet, a radial line to said curve bears North 23°52'38" East; thence South-
easterly 22.13 feet along said curve through a central angle of Ie43'06n to a line
parallel with and Northeasterly 76.00 feet from that certain course described
above as "North 64°24t16T1 West 464.19 feet"; thence South 64a24'16" East 464.19
feet along said parallel line to the beginning of a tangent curve, concave South-
westerly having a radius of 418.00 feet; thence Southeasterly 81.62 feet along
said curve through a central angle of Il°iri8n to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
Fee
Parcel A—Slope Easement
Parcel B—Slope Easement
7**>'
//
/
17782 SKY PARK BOULEVARD
IRVINE. CAUFORNIA 9Z714
(714) 261-2222
DRAWN BY
•UNVCYIO rr
CHICKtO «Y
FIELO
OATl
JOINO.
RESOLUTION NO. 8859
A RESOLUTION OF THE CITY OF CARLSBAD
AUTHORIZING AND DIRECTING THE CONDEMNA-
TION OF CERTAIN REAL PROPERTY INTERESTS
IN THE CITY OF CARLSBAD, STATE OF
CALIFORNIA, AND DECLARING THE PUBLIC
NECESSITY THEREFOR
WHEREAS, the Carlsbad City Council has previously adopted
Resolution No. 7956, approving with conditions Site Development Plan
No. 84-5, and requiring the developer to provide offsite road easements
for Palmer Way and the Barbour Connection easterly of El Camino Real
and to construct offsite roads within said easements in conjunction with
the development of its property known and designated as Carlsbad
Gateway Center; 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 California Streets and Highways
Code Section 4090 and Government Code Sections 37350, 37350.5 and
37353; and
WHEREAS, the real property or interests 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 interests therein sought to be acquired; and
WHEREAS, the City of Carlsbad has provided said owners 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 therein sought to be acquired; and
RESOLUTION NO. 8859
-1-
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 or the
interests therein sought to be acquired whose names and addresses
appear on the current equalized County Assessment Roll, have been
sent a Notice of Intention to Adopt a Condemnation Resolution, 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 that the City Council of
Carlsbad finds and determines, and hereby declares that:
The public interest and necessity require the proposed project.
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.
The real property or interests therein, hereinafter described in
this Resolution, are necessary for the proposed project.
The proposed project is a matter of public necessity.
The use of all and each and every part of said hereinafter de-
scribed real property or interests therein for the use and purposes of
the proposed project is a public use and a use authorized by law.
The public interest and necessity require that the property or
interests therein, hereinafter described in this Resolution, be taken.
BE IT FURTHER RESOLVED by this City of Carlsbad that the firm
of Asaro & Keagy (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 interests 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.
RESOLUTION NO. 8859
-2-
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 immedi-
ate possession of and to use said real property and part thereof, or
interests therein, sought to be condemned for the proposed project;
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 Exhibit "A".
PASSED, APPROVED AND ADOPTED by the members of the
Carlsbad City Council at a regular meeting held on the 28th day of
OCTOBER, 1986.
MARX/H. CASLER, Mayor
ATTEST:
AtTHfcA-L
City Clerk
DK:MDDCT3/100786a
RESOLUTION NO. 8859
-3-
84136
05-06-86
Revised
10-03-86
LEGAL DESCRIPTION
ROAD EASEMENT
DE LORM PROPERTY
That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823 in the office
of the County Recorder of said County lying within that certain 11.00 acre parcel
of land as shown on Record of Survey Map No. 10421 in the office of said County
Recorder described in Parcels as follows:
Parcel 1: Commencing at the Southwesterly terminus of that certain course
shown as "South 75°35'44" West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land; thence North 75°35'44" East 674.08 feet
along said Southeasterly line to the TRUE POINT OF BEGINNING, said point
being the beginning of a non-tangent curve, concave Southwesterly, having a
radius of 344.00 feet, a radial line to said point bears North 25°59'27" East; thence
Northwesterly 2.37 feet along said curve through a central angle of 0°23'43";
thence North 64°24'16" West 464.19 feet to the beginning of a tangent curve,
concave Southwesterly, having a radius of 664.00 feet; thence Northwesterly
45.61 feet along said curve through a central angle of 3°56'09" to the beginning
of a compound curve, concave Southeasterly, having a radius of 20.00 feet; thence
Northwesterly and Southwesterly 29.47 feet along said curve through a central
angle of 84°24'41" to the beginning of a reverse curve, concave Northwesterly,
having a radius of 396.00 feet; thence Southwesterly 214.01 feet along said curve
through a central angle of 30°57f51" to a line parallel with and Southeasterly
72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence
South 58012'45" West 103.67 feet along said parallel line to the most Southwesterly
line of said 11.00 acre parcel; thence along said Southwesterly line and said
Northwesterly line, the following courses: North 21°32'35" West 73.17 feet and
North 58°12'45" East 394.34 feet to the beginning of a non-tangent curve, concave
Southwesterly, having a radius of 736.00 feet, a radial line to said curve bears
North 23046'15tT East, said curve being concentric with and Northeasterly 72.00
feet from that certain curve described above as being concave Southwesterly and
having a radius of 664.00 feet; thence Southeasterly 23.44 feet along said curve
through a central angle of 1°49'29" to a line parallel with and Northeasterly 72.00
feet from that certain course described above as "North 64°24T16" West 464.19
feet"; thence South 64°24'16" East 464.19 feet along said last mentioned parallel
line to the beginning of a tangent curve, concave Southwesterly, having a radius
of 416.00 feet, said curve being concentric with and Northeasterly 72.00 feet
from that certain curve described above as being concave Southwesterly and
having a radius of 344.00 feet; thence Southeasterly 79.62 feet along said curve
through a central angle of 10°57'59" to said Southeasterly line; thence South
75°35'44" West 100.21 feet along said Southeasterly line to the true point of
beginning.
Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222
Inland Empire Office • 1630 E. Francis St.. Ste. B /f 0ftario. Ca^orma 91761 • 714/947-0447
San Diego County Office • 5375 Avemda gwumir Ste_a£> Carlsba^ California 92008 • 619/438-4332
LEGAL DESCRIPTION-CONTINUED
ROAD EASEMENT
DE LORM PROPERTY
PAGE TWO
84136
05-06-86
Revised
10-03-86
Parcel 2: Commencing at the Southwesterly terminus of that certain course
shown as "South 75°35'44" West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land; thence North 75°35T44" East 674.08 feet
along said Southeasterly line to the beginning of a non-tangent curve, concave
Southwesterly, having a radius of 344.00 feet, a radial line to said point bears
North 25°59'27" East; thence Southeasterly 295.58 feet along said curve through
a central angle of 49013'50'5 thence South 14046T43" East 173.01 feet to the beginning
of a tangent curve, concave Westerly, having a radius of 964.00 feet; thence
Southerly 35.35 feet along said curve through a central angle of 2°06'04" to a line
parallel with and Westerly 36.00 feet from the Easterly line of Parcel 1 as shown
on Parcel Map No. 10060 in the office of said County Recorder; thence South
12°40T39" East 125.00 feet along said parallel line to the Northwesterly corner of
the land described in the deed to the City of Carlsbad recorded May 11, 1982 as
File No. 82-139475 in the office of said County Recorder; thence North 77°19'21"
East 36.00 feet along the Northerly line of said last mentioned land to a point on
the Easterly line of said Parcel 1, said point being the TRUE POINT OF BEGINNING;
thence North 12°40'39" West 473.83 feet along said Easterly line to the beginning
of a non-tangent curve, concave Southwesterly having a radius of 416.00 feet,
said curve being concentric with and Northeasterly 72.00 feet from that certain
curve described above as being concave Southwesterly and having a radius of
344.00 feet, a radial line to said curve bears North 55042'43" East; thence South-
easterly 141.65 feet along said curve through a central angle of 19°30'34"; thence
South 14°46!43" East 173.01 feet to the beginning of a tangent curve, concave
Westerly, having a radius of 1036.00 feet; thence Southerly 37.99 feet along said
curve through a central angle of 2°06'04" to a line parallel with and Easterly
36.00 feet from said Easterly line; thence South 12°40'39" East 132.59 feet along
said last mentioned parallel line to the beginning of a tangent curve, concave
Westerly, having a radius of 536.00 feet, said curve being the Northerly
continuation of that certain curve shown as being concave Westerly and having a
radius of 536.00 feet for the most Westerly line of Parcel 2 as shown on Parcel
Map No. 11573 in the office of said County Recorder; thence Southerly 3.61 feet
along said curve through a central angle of 0°23'10" to the most Southerly line of
said 11.00 acre parcel; thence North 85°22'52" West 37.69 feet along said most
Southerly line to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
GERALD F. OLDENBURG, LS 3/46
S
\ WILLIAMSON '-vSCHMIp
17782 SKY PARK 8OULEVAHD
IRVINE. CALIFORNIA 92714
(714) 261-2222
To
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17782 SKY PARK BOULEVARD
IRVINE. CALIFORNIA 92714
(714) 281-2222
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84136
06-11-86
Revised
10-03-86
LEGAL DESCRIPTION
SLOPE EASEMENTS
DE LORM PROPERTY
That portion of Lot B of the Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, as shown on Map N'o. 823, in the office
of the County Recorder of said County, lying within that certain 11.00 acre parcel
of land as shown on Record of Survey Map No. 10421, in the office of said County
Recorder, described in parcels as follows:
Parcel A: Commencing at the Southwesterly terminus of that certain course
shown as "South'75°35'44" West 845.84 feet" for a portion of the Southeasterly
line of said 11.00 acre parcel of land; thence North 75°35'44" East 674.08 feet
along said Southeasterly line to Point "A", said point being the TRUE POINT OF
BEGINNING, said point being also the beginning of a non-tangent curve, concave
Southwesterly, having a radius of 344.00 feet, a radial line to said point bears
North 25C'59'27" East; thence Northwesterly 2.37 feet along said curve through a
central angle of 0°23'43"; thence North 64°24'16n West;464.19 feet to the beginning,
of a tangent curve, concave Southwesterly having a radius of 664.00 feet; thence
Northwesterly 45.61 feet along said curve through a central angle of 3°56'09n-to
the beginning of a compound curve, concave Southeasterly having a radius of
20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve
through a central angle of 84°24'41" to the beginning of a reverse curve, concave
Northwesterly having a radius of 396.00 feet; thence Southwesterly 214.01 feet
along said curve through a central angle of 30°57f51" to a line parallel with and
Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre
parcel; thence South 58°12'45t' West 103.67 feet along said parallel line to the
most Southwesterly line of said 11.00 acre parcel; thence South 21°32'35" East
42.06 feet along said most Southwesterly line; thence North 18°08'35ri East 14.59
feet; thence North 47*50*20" East 175.42 feet to the beginning of a tangent curve,
concave Northwesterly having a radius of 403.00 feet, said curve being concentric
with and Southeasterly 7.00 feet from that certain curve described above as
being concave Northwesterly and having a radius of 396.00 feet; thence North-
easterly 143.00 feet along said curve through a central angle of 20°19'53" to the
beginning of a reverse curve, concave Southeasterly having a radius of 12.00
feet; thence Northeasterly and Southeasterly 17.85 feet along said curve through
a central angle of 85°13'52"; thence South 67°15'4r East 128.02 feet; thence
South 61°52'20" East 339.52 feet; thence South 17°06'05tl West 16.25 feet to said
Southeasterly line; thence North 75°35'44" East 56.10 feet along said Southeasterly
line to the true point of beginning.
Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222
inland Empire Office - 1630 E. Franc.s St.. Ste. B • Ontario. Ca.forma 91761 • 714/947-0447
SanD.egoCountyOff.ee - 5375 Avenida Encinas. Ste. C • CarlsbEc. California 92008 • 619/438-4332
LEGAL DESCRIPTION-CONTINUED
SLOPE EASEMENTS
DE LORM PROPERTY
PAGE TWO
84136
06-11-86
Revised
10-03-86
Parcel 3; Commencing at Point "A" described above; thence North 75°35'44n
East 100.21 feet along said Southeasterly line to the TRUE POINT OF BEGINNING;
thence continuing North 75°35'44n East 10.57 feet along said Southeasterly line;
thence North 55°34'55TI West 37.92 feet; thence North 65e34'17" West 49.78 feet;
thence North 57°57'46" West 62.39 feet; thence North 66°06'06ri West 135.06 feet;
thence North 67e48'39r West 84.15 feet; thence North 59°ir04rt West 164.87 feet;
thence North SelS'lO" West 26.46 feet to said most Northwesterly line; thence
South 5S012'45" West 35.42 feet along said most Northwesterly line to the beginning
of a non-tangent curve, concave Southwesterly having a radius of 736.00 feet,
said curve being concentric with and Northeasterly 72.00 feet from that certain
curve described above as being concave Southwesterly and having a radius of
664.00 feet, a radial line to said curve bears North 23°46'15n East; thence South-
easterly 23.44 feet along said curve through a central angle of 1°49'29" to a line
parallel with and Northeasterly 72.00 feet from that certain course described
above as "North 64°24'16T' West 464.19 feet"; thence South 64°24'16t> East 464.19
feet along said parallel line to the beginning of a tangent curve, concave South-
westerly having a radius of 416.00 feet, said curve being concentric with and
Northeasterly 72.00 feet from that certain curve described above as being concave
Southwesterly and having a radius of 344.00 feet; thence Southeasterly 79.62
feet along said curve through a central angle of 10°57'59" to the true point of
beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
'GERALD F. OLDENBURG, LS 32
Q
WILLJAMSON^SCHMIDte-«..- •* e • i*fc «ir'i •«: .««a i.«.i*e»«
17782 SKY PARK BOULEVARD
iBV'iNE. CALIPOSNIA
(7U) 261-2222
TO
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DRAWN IT
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84136
05-07-86
Revised
10-03-86
LEGAL DESCRIPTION
ROAD EASEMENT
WRISLEY PROPERTY
That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823 in the office
of the County Recorder of said County described as follows:
Commencing at the Southwesterly terminus of that certain course shown as "South
75°35'44" West 845.84 feet" for a portion of the Southeasterly line of that certain
11.00 acre parcel of land as shown on Record of Survey Map No. 10421 in the
office of said County Recorder; thence North 75°35'44" East 674.08 feet along
said Southeasterly line to the beginning of a non-tangent curve, concave South-
westerly, having a radius of 344.00 feet, a radial line to said curve bears North
25°59'27" East; thence Northwesterly 2.37 feet along said curve through a central
angle of 0°23'43"; thence North 64°24'16" West 464.19 feet to the beginning of a
tangent curve, concave Southwesterly, having a radius of 564.00 feet; thence
Northwesterly 45.61 feet along said curve through a central angle of 3°56'09" to
the beginning of a compound curve, concave Southeasterly, having a radius of
20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along said curve
through a central angle of 84°24T41'T to the beginning of a reverse curve, concave
Northwesterly, having a radius of 396.00 feet; thence Southwesterly 214.01 feet
along said curve through a central angle of 30°57'51" to a line parallel with and
Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre
parcel; thence South 58°12'45" West 103.67 feet along said parallel line to the
most Southwesterly line of said 11.00 acre parcel; thence along said Southwesterly
line and said Northwesterly line, the following courses: North 21°32'35" West
73.17 feet and North 58°12'45" East 90.66 feet to the TRUE POINT OF BEGINNING;
thence continuing North 58°12'45" East 303.68 feet to the beginning of a non-
tangent curve, concave Southwesterly having a radius of 736.00 feet, a radial
line to said curve bears North 23°46'15" East, said curve being concentric with
and Northeasterly 72.00 feet from that certain curve described above as being
concave Southwesterly and having a radius of 664.00 feet; thence Northwesterly
32.15 feet along said curve through a central angle of 2°30'10"; thence North
68°43'55" West 100.00 feet to the beginning of a tangent curve, concave North-
easterly, having a radius of 344.00 feet; thence Northwesterly 6.65 feet along
said curve through a central angle of 1°06'25"; thence South 22°22'30" West 72.00
feet to the beginning of a non-tangent curve, concave Southwesterly, having a
radius of 20.00 feet, a radial to said curve bears North 22°22'30" East; thence
Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222
Inland Empire Office • 1630 E. Francis St.. Ste. B • Ontario. Ca -ornia 91761 • 714/947-0447
San Diego County Office • 5375 Avemda Enemas. Ste. C • Carlsba : California 92008 • 619/438-4332
LEGAL DESCRIPTION-CONTINUED
ROAD EASEMENT
WRISLEY PROPERTY
PAGE TWO
84136
05-07-86
Revised
10-03-86
Southeasterly and Southwesterly 33.88 feet along said curve through a central
angle of 97°04'17" to the beginning of a compound curve, concave Northwesterly,
having a radius of 324.00 feet, said curve being concentric with and Northwesterly
72.00 feet from that certain curve described above and being concave North-
westerly and having a radius of 396.00 feet; thence Southwesterly 162.67 feet
along said curve through a central angle of 28°45'58" to the true point of beginning.UtA^A lf* kJl«lA\J W V4L V \* V* Ik V O VfN^AIVSi lAi \-».i !^X<W V^ A. UV^ ^%/ */ "J ^W «.ll^r Vi V*V- k'VXAl 1 V Vj'i. kX^r&ll
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
^^•^=9!!^^
e^*^ ilt J£e£.GERALD F. OLDENBURG, LS 3x
17782 SKY PARK BOULEVARD
IRVINE. CALIFORNIA 9271*
(714) 201-2222
SCALE •.
DRAWN IY
1URVIYIO tY
CHICKIO IY
JOi NO.
84136
06-11-86
Revised
10-03-86
LEGAL DESCRIPTION
SLOPE EASEMENTS
WRISLEY PROPERTY
That portion of Lot B of the Rancho Agua Hediondar.in the City of Carlsbad,
County of San Diego. State of California, as shown on Map No. 823, in the office
of the County Recorder of said County, described in parcels as follows:
Parcel A; Commencing at the Southwesterly terminus of that certain course
shown as "South 75035'44" West 845.84 feet" for a portion of the Southeasterly
line of that certain 11.00 acre parcel of land as shown on Record of Survey Map
No. 10421 in the office of said County Recorder; thence North 75035'44n East
674.08 feet along said Southeasterly line to the beginning of a non-tangent curve,
concave Southwesterly, having a radius of 344.00 feet, a radial line to said curve .
bears North 25°59'27" East; thence Northwesterly 2.37--feet along said curve
through a central angle of 0°23'43"; thence North 64°24'16" West 464.19 feet to
the beginning of a tangent curve, concave Southwesterly, having a radius of 664.00
feet; thence Northwesterly 45.61 feet along said curve through a central angle of
3°56'09" to the beginning of a compound curve, concave Southeasterly, having a
radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 feet along
said curve through a central angle of 84°24'41" to the beginning of a reverse
curve, concave Northwesterly, having a radius of 396.00 feet; thence Southwesterly
214.01 feet along said curve through a central angle of 30057'51rt to a line parallel
with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00
acre parcel; thence South 58&12'45" West 103.67 feet along said parallel line to
the most Southwesterly line of said 11.00 acre parcel; thence along said South-
westerly line and said Northwesterly line, the following courses: North 21e32'35"
West 73.17 feet and North 58°12'45tt East 394.34 feet to the TRUE POINT OF
BEGINNING, said point being on a curve, concave Southwesterly having a radius
of 736.00 feet, said curve being concentric with and Northeasterly 72.00 feet
from that certain curve described above as being concave Southwesterly and
having a radius of 664.00 feet, a radial line to said curve bears North 23°46'15n
East; thence Northwesterly 32.15 feet along said curve through a central angle
of 2°30'10"; thence North 68°43'55" West 93.41 feet to Point "A", said point being
the beginning of a non-tangent curve, concave Southerly having a radius of 40.00
feet, a radial line to said curve bears North 16°43f55n West; thence Easterly 21.76
feet along said curve through a central angle of SlIO^l"; thence South 75°33'34"
East 74.06 feet; thence South 55°27'33" East 17.42 feet; thence North 87°18'54"
East 41.89 feet to said most Northwesterly line; thence South 58012'45n West
38.42 feet along said most Northwesterly line to the true point of beginning.
Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261-2222
inland Empire Office • 1630 E. Francis St., Ste. B • Ontario, California 91761 * 714/947-0447
San Diego County Office • 5375 Avenida Encinas, Ste. C • Carlsbac. California 92008 • 619/438-4332
J
LEGAL DESCRIPTION-CONTINUED
SLOPE EASEMENTS
WRISLEY PROPERTY
PAGE TWO
84136
06-11-86
Revised
10-03-86
Parcel B; Commencing at Point "A" described above; thence North 68°43'55"
West 6.59 feet along the Westerly prolongation of that certain course described
above as "North 68°43'55n West 93.41 feet" to the beginning of a tangent curve,
concave Northeasterly having a radius of 344.00 feet; thence Northwesterly 6.65
feet along said curve through a central angle of I006'25n; thence South 22°22'30TI
West 72.00 feet to the TRUE POINT OF BEGINNING, said point being the beginning
of a non-tangent curve, concave Southwesterly having a radius of 20.00 feet, a
radial line to said curve bears North 22°22'30" East; thence Southeasterly 33.88
feet along said curve through a central angle of 97°04'17" to the beginning of a
compound curve, concave Northwesterly having a radius of 324.00 feet, said
curve being concentric with and Northwesterly 72.00 feet from that certain
curve described-above as being concave Northwesterly and having a radius of
396.00 feet; thence Southwesterly 162.67 feet along said curve through a central-
angle of 28°45'58" to said most Northwesterly line; thence South 58°12'45" West
90.66 feet along said most Northwesterly line to said most Southwesterly line;
thence North 21°32'35" West 24.00 feet along the Northwesterly prolongation of
said most Southwesterly line; thence North 63°20'28n East 152.34 feet; thence
North 26°50'58" East 113.80 feet to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
"GERALD F. OLDENBURG, LS 32
W1LUAMSON>SCHMID
17782 SKY PARK BOULEVARD
IRVINE. CALIFORNIA B?7U
f71«1 261-2222
^^
SCALE :/''/aa'
DHAWN IT
c c.
FRANK L. ASARO
ROSCOE D. KEAGY
RICHARD R. FREELAND
JOHN M.TURNER
STEVEN A. MCKINLEY
ARNOLD NEVES. JR.
ASARO <& KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3I7O FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92IO3
TELEPHONE ICISI 2O7-3I7O
September 4, 1986
IN REPLY
REFER TO:
Mr. Robert Delorm
2421 Dunstan Street
Oceanside, CA 92054
Re: Palmer Way and "Barbour Connection Improvement Project;
Carlsbad Gateway Center; Resolution No. 8562.
Dear Mr. Delorm:
Our firm represents the City of Carlsbad regarding the acquisition
of the right of way for and development of Palmer Way to the Barbour
Connection as provided by the Carlsbad Planning Commission Resolution
No. 2410, adopted February 14, 1985.
The City of Carlsbad is prepared to make a compromise offer for
the right of way required across your property for the construction of
the Project described above. The attached map depicts the required
road right of way in relation to your property.
An independent appraisal of the required road right of way was
made prior to the compromise offer we are presenting to you. This
appraisal was used to establish the fair market value of the property
rights to be acquired. An appraisal summary statement stating the
rights to be acquired and the value thereof is attached hereto and made
a part hereof.
The compromise offer of the City for the purchase of the property
rights required for the Project is $14,000.00. This Compromise Offer is
made to you to avoid litigation and is $12,800.00 more than the
appraised value of the property rights to be acquired for the Project.
THIS COMPROMISE OFFER IS SUBJECT TO THE CITY COUNCIL'S
APPROVAL AT ITS SOLE DISCRETION OF .THE PROPOSED PURCHASE
PRICE AND OF THE ACCEPTANCE OF THE DEED TO THE PROPERTY,
FREE AND CLEAR OF ALL ENCUMBRANCES.
If this compromise offer is acceptable to you, please communicate
with our office and we will make arrangements to open an escrow with
Safeco Title Insurance Company to handle this transaction.
EXHIBIT
c - c
Mr. Robert Delorm
Page 2
September 4, 1986
The City of Carlsbad has made every effort to establish a fair
price for the required right of way. The appraiser's figures are the
appraiser's opinion of fair market value which was determined after a
personal inspection of your property. The appraisal takes into
consideration the location of your property, its highest and best use,
considering required dedications and improvements, current land sales
of properties similar to your property, and other indicators of value.
We would appreciate it if you would review the enclosed information
and Compromise Offer to Purchase, and communicate with our office no
later than "September 52, -1986. Should you require additional time in
which to consider our offer, or if you desire to schedule a meeting to
discuss this matter, please contact our office.
Thank you for your cooperation.
Very truly yours,
ASARO S KEAGY
Roscoe D. Keagy
RDK:mad
Enc.
DK:MDLTR3/081886d
c c
APPRAISAL SUMMARY STATEMENT
OWNER: Robert Delorm PROJECT: Palmer Way and Barbour
Connection Improvement Project
PROPERTY LOCATION: North-
easterly side of existing PARCEL: 1 Fee
El Camino Real near its 1A Slope Easement
intersection with Palmer Way IB Slope Easement
PRESENT USE: Vacant
ZONE: RAID and M-Q
•L. --.... . TOTAL PROPERTY AREA: 11 acres
(Assessor's Cslc.)
HIGHEST AND BEST USE: Potential Industrial
RIGHT OF WAY TO BE ACQUIRED: -
Fee taking - 1.4087 acres
Slope easement - Parcel A: .2354 acre
Parcel B: .1069 acre
Market value of required property is: $1,200.00
The market value of the property being purchased is based upon a
market value appraisal prepared in accordance with accepted appraisal
procedures. Valuation of your property is based upon an analysis of
recent sales of similar properties in this locality considering the highest
and best use of the subject property, together with required
dedications and improvements.
The amount of damages to the remaining property due .to the City's
acquisition and construction of the improvement is $0.00. An analysis
of special benefits to the remaining property was not made due to the
lack of severance damages.
Total Payment is: $1,200.00
This summary of the basis of the amount offered as just compensation .is
presented in compliance with Federal and State law, end has been
derived from a formal appraisal prepared by an independent appraiser,
which includes supporting sales data and other documentation.
DK:MDDCT3/081886a
r c
Fee
-f Parcel A—Slope Easement
-} Parcel B—Slope Easement
<a.
\
A
\
17782 SKY PARK BOULEVARD
IRVINE, CALIFORNIA 82714
2SV2222
*OVtD «Y
DKAVTN IT
rr
CHtCKED ITf.Jff
OATt
JOB f«X ji
FRANK L. ASARO
ROSCOE O. KEAGY
RICHARD R. FREELAND
JOHN M. TURNER
STEVEN A. MCKINLEY
ARNOLD NEVES, JR.
ASARO & KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3I7O FOURTH AVENUE
SAN DIEGO. CALIFORNIA B2IO3
TELEPHONE (6IB) 297-3I7O
September 4, 1986
IN REPLY
REFER TO:
Mr. and Mrs. Ralph Wrisley
690 Elm Street, # 203
Carlsbad, CA 92008
Re: Palmer Way and 'Barbour Connection Improvement Project;
Carlsbad Gateway Center; Resolution No. 8562.
Dear Mr. and Mrs. Wrisley:
Our firm represents the City of Carlsbad regarding the acquisition
of the right of way for and development of Palmer Way to the Barbour
Connection as provided by the Carlsbad Planning Commission Resolution
No. 2410, adopted February 14, 1985.
The City of Carlsbad is prepared to make an offer, for the right of
way required across your property for the construction of the Project
described above. The attached map depicts the required right of way
in relation to your .property.
An independent appraisal of the required right of way was made
prior to the offer we are presenting to you. This appraisal was used
to establish the fair market value of the property .rights to be
acquired. An appraisal summary statement stating the rights to be
acquired and the value thereof is attached hereto and made a part
hereof.
The compromise offer of the City for the purchase of the property
rights required for the Project is $14,000.00. This Compromise Offer is
made to you to avoid litigation and is $4,800.00 more than the appraised
value of the property rights to be acquired for the Project. THIS
COMPROMISE OFFER IS SUBJECT TO THE CITY COUNCIL'S APPRO'VAT
A TS QF AN_ ___ -_OF THE ACCEPTANCE OF THE DEED TU THE PROPERTY, FREE AND
CLEAR OF ALL ENCUMBRANCES.
If this compromise offer is acceptable to you, please communicate
with our office and we will make arrangements to open an escrow with
Safeco Title Insurance Company to handle this transaction.
Mr. and Mrs. Wrisley
Page Two
September 4, 1986
The City of Carlsbad has made every effort to establish a fair
price for the required right of way. The appraiser's figures are the
appraiser's opinion of fair market value which was determined after a
personal inspection of your property. The appraisal takes into
consideration the location of your property, its highest and best use,
considering required dedications and improvements, current land sales
of properties similar to your property, and other indicators of value.
We would appreciate it if you would review the enclosed information
and Compromise Offer to Purchase, and communicate with our office no
later than "September 22, 1986. Should you require additional time in
which to consider our offer, or if you desire to schedule a meeting to
discuss this matter, please contact our office.
Thank you for your cooperation.
Very truly yours,
ASARO £ KEACY
Roscoe D. Keagy
RDKimad
Encs.
DK:MDLTR3/081886e
APPRAISAL SUMMARY STATEMENT
OWNER: Ralph and Hope Wrisley PROJECT: Palmer Way and Barbour
Connection Improvement Project
PROPERTY LOCATION: North- -
easterly side of existing PARCEL: 1 Fee
El Camino Real near its 1A Slope Easement
intersection with Palmer Way 1 B Slope Easement
PRESENT USE: Interim improvements
ZONE: RAID and commercial uses
TOTAL PROPERTY AREA:' 2.71 acres
(Assessor's Calc.)
HIGHEST AND BEST USE: Potential Mixed Use
RIGHT OF WAY TO BE ACQUIRED:
Fee taking - 0.2929 acres
Slope easement - Parcel A: 0.0414 acre
Parcel B: 0.0827 acre
Market value of required property is: $9,200.00
The market value of the property being purchased is based upon a
market value appraisal prepared in accordance with accepted appraisal
procedures. Valuation of your property is based upon an analysis of
recent sales of similar properties in this locality considering the
highest and best use of the subject property, together with required
dedications and improvements.
The amount of damages to the remaining property due to the City's
acquisition and construction of the improvement is $0.00. An analysis
of special benefits to the remaining property was not made due to the
lack of severance damages.
Total Payment is: $9,200.00
This summary of the basis of the amount offered as just compensation'is
presented in compliance with Federal and State law, and has been
derived from a formal appraisal prepared by an independent appraiser,
which includes supporting sales data and other documentation.
DK:MDDCT3/081986a
o Fee
Parcel A—Slope Easement
Parcel B—Slope Easement
/
/
/
A/ I/ i
\
' / J
X
OJ
32g«£?JK——
17782 SKY PARK BOULEVARD
IRVINE. CALIFORNIA 92714
(714)261-2222
OY
DRAWN BY f
•uKvmo i
CHCCKEO IT
»OOK
OATt
^
PAUL D. ENGSTRAND
LEO R. B. HENRIKSON
JOHN H. WHITNEY
WALLACE R. PECK
CHARLES F. GORDER, SR.
ROSS M. PYLE
URBAN J. SCHREINER
RONALD L. ENDEMAN
DONALD R. LINCOLN
ANTON DIMITROFF
LARRY L. MARSHALL
CHRISTINE V. PATE
ALVIN G. KALMANSON
WILLIAM C. PATE
C.MICHAEL COWETT
JOHN E. RYAN
GEORGE J. BERGER
GEORGE A. DE WALT
MICHAEL E. BUSCH
MICHAEL A. VAN HORNE
c
LAW OFFICES
JENNINGS, ENGSTRAJSD & HENHIKSON
A PROFESSIONAL LAW CORPORATION
2255 CAMINO DEL RIO SOUTH
SAN DIEGO, CALIFORNIA S2IO8
RECEIVED
SEP 2 2 1986
Ans'd
CRAIG S. ENGSTRANDLAWRENCE J. KAPLAN
GERARD SMOLIN, JR.
WILLIAM A. JOHNSON, JR.ELIZABETH C. ELDRIDGEKENNETH C.TUREKHENRY E. HEATER
GERALD N. SIMSGREGORY V. MOSCRMARK W. ANTHONYDAVID J. SEMELSBERGERDEBRA K. MACLARTYNEIL AUWARTERJANET E. SOBEL
WILSON A. SCHOOLEYDEARING D.ENGLISHMATTHEW GETTINGERKEVIN D.BUSHLORAINE L. LAMBERT
[619] 29I-O84O
FAX: [619] 294-8£49
September 18, 1986
W. H. JENNINGS
I699-I9B3
HON. JAMES L. FOCHT
OF COUNSEL
LA MESA OFFICE
8262 UNIVERSITY AVENUE
LA MESA, CALIFORNIA 92O4I
[619] 469-9I9I
Roscoe D. Keagy, Esq.
Asaro & Keagy
Attorneys at Law
3170 Fourth-Avenue, 4th Floor
San Diego, California 92103
RE:
Dear Ros:
Palmer Way and Barbour Connection Improvement Project;
Carlsbad Gateway Center; Resolution No. 8562
Our firm has been retained to represent Robert Delorm in
regard to the above-entitled matter. By letter of September 4,
1986, on behalf of. the City of Carlsbad, you offered Mr. Delorm
the amount of $14,000 as just compensation for the taking of
the three parcels consisting of 1.4087 acres in fee, parcel
A (slope easement) containing .2354 acres and parcel B (slope
easement), containing .1069 acres.
Mr. Delorm informs me that he is pleased that the City
has at least finally adopted a route after a number of years
of indecision. He is concerned, however, since the taking is
of a significant portion of his "usable" land. Mr. Delorm be-
lieves, and I must accept his opinion until we have an appraisal
to indicate otherwise, that the amount of $14,000 does not consti-
tute the just compensation to which he is entitled for this
taking. We, therefore, must refuse the offer included in your
correspondence of September 4, 1986.
Please address future correspondence regarding this matter
to me.
Very truly yours,
Endeman
RLE:gi
cc: Mr.Robert Delorm
EXHIBIT V
c
Wrisley Landscape, Inc.
\L!CENSE"#363228
RECEIVED
SEP 1 9 1986
Ans'd
690 ELM STREET.. SUITE 203 • CARLSBAD. CALIFORNIA 92008 (619) 729-4974
September 18, 1986
Asaro & Keagy
N.3170 Fourth Avenue, 4th Floor
San Diego, CA 92103
Attention: Dick Freeland -
Re: Palmer Way and Barbour Connectionlmprovement Project:
Resolution No. 8562
Just a note to let you know we are acquiring the services of Kevin
McCann, Attorney, to help us in determining a fair price for the
condemnation procedure.
Unfortunately, we cannot accept the offering price. There was no appraisal
included in the offer, nor an explanation of how the price of $1.10 per
square foot was determined. •
Appraisals are determined by comparisons to the most recently sold pro-
perties in the area. The Davis property was the most recently sold
unimproved, usable, raw land, at $6.50 per square foot. Both the
DeLorem and Wrisley properties are unimproved, usable, raw land.
Very tr
Ralplr Wrisley
RW/bng
u
EXHIBIT 5
FRANK L, ASARO
ROSCOE D. KEAGY
RICHARD R. FREELAND
JOHN M. TURNER
STEVEN A. McKINLEY
ARNOLD NEVES, JR.
ASARO & KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3I7O FOURTH AVENUE
SAN DIEGO, CALIFORNIA 92IO3
TELEPHONE (619) 297-3I7O
October 28, 1986 IN REPLY
REFER TO:
The Honorable Mary Casler, Mayor
and Councilpersons Mr. Bud Lewis
Ms. Ann Kulchin
Mr. Richard Chick
Mr. Mark Pettine
Ladies and Gentlemen:
On May 22, 1986, the law firm of Asaro & Keagy was engaged as
special counsel to represent the City of Carlsbad in regard to the
acquisition of property for the construction of Palmer Way and the
Barbour Connection, as required by the conditions of approval for the
Carlsbad Gateway Center (Site Development Plan 84-5).
In our opinion, all requirements which are a prerequisite to the
adoption of a condemnation resolution have been met. Therefore, the
issue to adopt a Resolution of Necessity for the acquisition of the
property necessary for the Project which is a condition precedent to the
oblgation of the developer herein, is properly before the Council.
We have attached a compilation of maps and other documents
relating to this matter for your information.
Very truly yours,
ASARO & KEAGY
RDKrmad
Encs.
DK:MDLTR/102886d
Roscoe D. Keag
LIST OF EXHIBITS
Map depicting the Delorm/Wrisley
Carlsbad Gateway properties and road
alignment of Palmer Way/Barbour
Connection
2. Conditional Certificate of Compliance
relating to the Delorm property
requiring road dedications
3. Conditional Certificate of Compliance
relating to the Wrisley property
requiring road dedications
4. Agreement entered into between Developer
of Carlsbad Gateway and property owners
Delorm and Wrisley
5. City Resolution approving development
permit conditioned upon dedication and
improvement of Palmer Way/Barbour
Connection
6. Resume of City's appraiser,
Thomas L. Roberts
7. Resume of Attorney Roscoe D. Keagy
8. Agreement between Carlsbad Gateway
and City of Carlsbad to acquire
road right of way
DK:MDDCT3/102886a
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1742
RECORDING REQUESTED MO
WEM RECORDED HML TO:
City Clerk.
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 3200$
CONDITIONAL CERTIFICATE OF COMPLIANCE
(Section 0&A99.2S of the Government Code)
The City Engineer has deteralned that the real property described below has not been
divided In compliance with the Subdivision Hap Act and with the provisions of the Carlsbad
Municipal Code pursuant thereto. It has further been determined that the property can be
brought Into compliance with the State Hap Act and the CarlsbaJ Municipal Code provided
the conditions as stated below are compiled with to the satisfaction of the City Engineer.
Owner (s): WKRT DELORM, An unmarried MA
Description! (See Exhibit "A" attached)
•
Motet The description In Exhibit 1!A" attached has been provl (ed by the owner of the pro-
perty and neither the City of Carlsbad nor any of Its officers or employees assume
responsibility for the accuracy of said description.
This Certificate of Compliance shall have no force and effect If the above owners or any
subsequent transferee or assignee acquires any contiguous property other than a lot or
lots shown on a recorded subdivision map, parcel map or recort of survey map filed pur-
suant to and prior to the repeal (Stats. 1955, Ch. 1593) of Stctlon 11575 of the Business
and Professions Code.
This Certificate of Compliance shall In no way affect the requirements of any other County,
State or Federal agency that regulates development of real property.
This Certificate of Compliance shall be subject to the following conditions}
1. The lot covered by this Certificate of Compliance shall-be properly subdivided In
accordance with the California State Hap Act and any applicable ordinances of the
Carlsbad Municipal Code prior to development of the lot.
2. This lot wist be served by a publicly dedicated access to the satisfaction of the City
Cngtf>«er. In addition, the owner of the lot Mist dedlca;e a minimum 72 foot public
right-of-way across the property along a roule essential / parallel to El C«n1no Real
•s approved by the City Engineer.
• •
J. The owner of this lot must either Install or agree to Install all public Improvements
within the boundaries of the respective lot as may be required by the City Engineer.
4. The owner of this lot must dedicate additional easement -nd Install storm drain Im-
provement* as may be required by the City'Engineer*
5. The owner of this lot must enter Into a public fact tit! s fee agreement whereby they
agree to pay the public facilities fee to the City of Carlsbad In conformant* with
City Council Policy No. 17, dated August 29, 1979, and any amendments or supplements
made thereto.
Date:
City Engineer
City of Carlsbad
Case Ho.t
Cwrrvat Assessor's Parcel Ho. » 209-0'>0-2«i
':
Duns tan Hoad
Oceans I de CA 920$*- 81-292602
«M&ff»
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o;>vO5fc?g*
ii^:
•s
[$:?'
1743 •EXHIBIT V
That portion of tot *t* of RAXCHO ACUA REOIOMDA. in .the City of Carlsbad.
County of San Diego, State of California, according to Hap thereof No. (23,
filed in the Office of the County Recorder of San Diego County, November 16,
1896, described at follow*:
Commencing at the common corner of tot* "C" and "D" on the Northerly boundary
line of *aid tot *Vj thence South 20*19'00" Ve*t 2273.70 feet; thence South
20*31*30* Wctt, 2391.50 feet tp an intersection'with, the Northerly right of
vay line of County Road A-13, 60.00 feet vide as, »hovn od Record of Survey Ho.
517, filed in the Office of the County Recorder of San llego County, October
23, 1935] Wing a* angle point in the boundary of land di-scrlbed in deed to K.
E. Ebrlght, et ux, recorded February 18, 1966 a* Instrument No. 29332 of
Official Records: thence aloaft ."id boundary South 80*iTOO" Ea*t 3.54 feet
and South 21 '35 '00" East approximately SO feet to the most Southerly comer of
•aid Ebright land, being the TRUE POINT OT BEGIKKXNSi thca:e continuing along
the boundary of **id land North SS'13'32' East 680.00 feet jnd South 64'00'SB*
East S8S.71 feet to an angle point in the boundary of land described in deed to
ftussall V. Gross*, et al, recorded Kay 26, 1966 as Instrument No. 87559 of Official
Kecordsi thence along said boundary South 3*21'49* Kast 207.82 fe«t and South
--•WKMT t^ml 150.00 feet to the boundary ot l*n« aescrit'xd under Parcel 2 in- -' '»t-orded June 1, 1965 a* Instrument No.- --•- IA*?KIQQ- gett
StClMHlMC.
CO•r* •
81-292602
FJ*?
m\
pit
'&?
RECORDING REQUESTED AND • .
VHEH RECORDED HAIL TO: . 1740
Ctty ClerkCity of Carlsbad
1200 Elm Avenue
Carlsbad, CA 9200ft
CONPITIOMAl CERTIFICATE OF COMPLIANCE
(Section 6M99.35 of the Covernment Code)
The City Engineer has determined that the real property described below has not been
divided In compliance with the Subdivision Map Act and with the provisions of the Carlsbad
Huntcleat Code pursuant thereto. It has further been determined that the property can be
brought.Into compliance with the State Hap Act and the Carlsbad Municipal Code provided
the conditions as stated below are complied with to the satisfaction of the City Engineer.
Owner (*): RALPH WRISLEY and HOPE VRISLEY, Husband and Wife *•* joint tenants
Description: (See Exhibit "A" attached)
Note: The description In Exhibit "A" attached has been provhted by the owner of the pro-
perty and neither the City of Carlsbad nor any of Its officers or employees assume
responsibility for the accuracy of said description.
This Certificate of Compliance shall have no force and effect If the above owners or any
subsequent transferee or assignee acquires any contiguous prof-erty other than a lot or
lots shown on a recorded subdivision map, parcel map or recorc of survey mtp filed pur-
suant to and prior to the repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business
and Professions Coda.
This Certificate of Compliance shall In no way affect the requirements of any other County,
State or Federal agency that regulates development of real property.
This Certificate of Compliance shall be subject to the following conditions:
t. The lot covered by this Certificate of Compliance shall be properly subdivided In
accordance with the California State Hap Act and any applicable ordinances of the
CarUbad Municipal Code prior to development of the lot
2. This tot must be served by a publicly dedicated access to the satisfaction of the City
Engineer. . In addition, the owner of the lot must dedlcate-a minimum 72 foot public
right-of-way across the property along a route essentially parallel to El Camlno Real
as approved by the Ctty Engineer. •
J. The owner of this lot must either Install or agree to liitall all public Improvements
within the boundaries of the respective lot as may be required by the City Engineer.
The ownor of this lot must dedicate additional easemen
provements as may bs required by the City Engineer.
and Install storm drain Im-
The owner of this lot must enter Into a public facilities fee agreement whereby they
agree to pay the public facilities fee to the City of Carlsbad In conformance with
City Council Policy Ho. 17, dated August 29, 1973, and any amendments or supplements
made thereto. , 'v • % ' .
apf•j^Wijiiisi•r,.fr"^Si• ;f-i3#-lH6*.
•&$»
Date:By:
City Engineer
City of Carlsbad
Case Mo.s ?6l
Current Assessor's Parcel Ho.:209-0*10-2?
Address: 2080 Banwood Av«
Carlsbad CA 92008
.09:
81-292601
^V-*%*<£'*
m ficwiirV.
That portion of tat 1* of Ranch* Ague Bedlooda, In the City of Carlsbad,
County of San Ditto, State of C«llfornt«, according to the Map thereof Ho.
823, filed In th* Offtet of th* County Recorder of S«n Blego County, November
16. 1696. deecribed •• follow*t
CoMcnclnc •* the coeueon corner of Lot* *C* and "0* on tX« Rortktrly boundary
UM of catd Lot 'ft thane* South 20*19*00* Wait. 2273.70 faatt thane* South
20*31'30" V*»t 2391.SO feat to an Intersection with the Northerly rl»ht of way
Una of County Road A-13 60.00 feet wide a* shown on Rucord of Survey Ho. 517,
filed ia the Office of the County Recorder .of San Diet* County, October 23,
1935; thence alonj the Hortheaaterly line of County Rotd 4-13 a* ahown on *ald
Record of Survey Mo. 517. South 80*12'00' Ca*t, 3.5* f>et to the TRUE POINT Of
UCIMXINC; thence retr»eln»"alon« la*C two 4**crlbe4 ..ourae*. North 60*12'00*
Vest, 3.54 feet and North 20*3l'3(T Veac. 779.0? f««* to the Soathweaterly
comer of land deaerihed In deed to Kthel M. Wilton, ircorded June 23, 195» In
Book 7134, race 290 of Official Kccorda; theac* a'.oo» the Southerly and
Xaaterly Woadary of aald Vilao*'* land, North 89*57'00* Eaat. 324.00 feet;
and North 20*3113<T Ea»t, 136.52 fact! the«c* South 59*5*'30" Kaat. 660.H
•feet; theac* South 10*28*00- Ueat. 4*8.26 feet; thenc- North «4*00'SB' West,
W5.71 feet to a point herein designated .«a rolnt '&-; thence South S**13*32*
tf**t MO.OO feet to an intersection with the Nortbeaaierly rljht of way line
of said County Road A-13; theac* along said Nortteaaterly line. North
21*35*00" West aproxlaately 50.00 feet to the TRUt rOIRt OF UCIKKINC.
Kxeeptinc therefro* that portion lying Northerly of • tin* which bears North
64*00'5,8" Veat fro* said Point.'A' as dealgnated above.
I*;'*.'*: •f ?/,•>--
IP
.-L__
's P*rc*1 No. 1209-0»0-21
RECEIVED
APR 2 3 1986
AGREEMENT AflS'd
THIS AGREEMENT is entered into this 20th day of March,
1986, by and between WILLIAM K. DAVIES and R. FRED WALTERS
(hereinafter referred to as "DEVELOPERS") and ROBERT DELORM and
RALPH and HOPE WRISLEY (hereinafter referred to as "PROPERTY
OWNERS").
RECITALS
1. DEVELOPERS' intend to acquire and develop certain real
property .within the City of Carlsbad generally located in the Palomar
Airport area, and in proximity to properties owned by PROPERTY
OWNERS. . ...
2. As a condition of development of DEVELOPERS' property,
the City of Carlsbad will require DEVELOPERS to acquire rights of way
for and partially improve Palmer Way and Barber Connection, streets
which are aligned across PROPERTY OWNERS' property. A plat depict-
ing the referenced properties and the approximate street locations is
attached hereto, marked Exhibit "A", and incorporated herein by this
reference.
" 3. DEVELOPERS desire assurances from PROPERTY OWNERS
that the necessary real property and interests in'real property for the
construction of Palmer Way and Barber Connection, including related
facilities, can be acquired.
4. The intent of this Agreement is to allow the City of
Carlsbad to immediately commence condemnation proceedings for acquisi-
tion of the necessary rights of way for Palmer Way and Barber Con-
nection, together with necessary facilities, and for property owners to
allow said acquisition to proceed in an expeditious manner, reserving
onto PROPERTY OWNERS their rights to claim compensation for the
taking, together with any damages that may accrue to their remaining
property after the taking and construction of the public project as
proposed. \
NOW THEREFORE, the parties hereto agree as follows:
I
AGREEMENT
1. In consideration of the terms and conditions of this
Agreement, and the waivers of PROPERTY OWNERS, DEVELOPERS shall
pay to PROPERTY OWNERS the sum of One Thousand Dollars
($1,000.00) each. Said sum shall be paid upon the execution of this
Agreement by all parties.
2. PROPERTY OWNERS waive their rights to receive notice
of any hearing by the City of Carlsbad to consider enactment of a
-1-
Resolution of Necessity and the right to appear and be heard at said
hearing on the issues relating to such Resolution of Necessity to ac-
quire the real property and interests in real property for said Palmer
Way and Barber Connection, and related facilities.
3. PROPERTY OWNERS waive their rights to raise any
defenses to the right to take by condemnation of the property described
herein for Palmer Way and Barber Connection, together with related
facilities, and further waive the right to contest the enactment of the
Resolution of Necessity for such purposes.
1. PROPERTY OWNERS waive their rights to have their
property appraised and to receive an offer and engage in negotiations
for the purchase of said property pursuant to Chapter 16 of the
California Government Code (§ 7260, et seq.) relating to relocation
assistance, prior to the adoption of the Resolution of Necessity.
5. PROPERTY OWNERS agree that the City of Carlsbad may
obtain an Order for Possession for the property described herein, to be
effective three (3) days following the filing of any action in eminent
domain to acquire the said property and the deposit of security
pursuant to California law, and further agree that they will waive any
objections to said Order for Possession.
6. The parties hereto agree that the waivers and other
terms and conditions agreed to by PROPERTY OWNERS do not constitute
a waiver of any claims to compensation for the taking of real property
and real property interests for the public improvement as described
herein, including claims for severance damages. It is also
acknowledged and agreed that this Agreement does not constitute a
waiver of any claim by the City, or either party herein relatinc
any valuation issues.
WILLIAM K. UAVI£S
• R. FRED WALTERS
"DEVELOPERS"
i"{''A£>*''(-^' C
ROBERT DELORM
RALPH WRISLEY ~ %
HOPE \VRISLEY
"PROPERTY OWNERS"
DK:MDDCT3/032086a
-2-
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5 IDv >s X)'i ati m* :o
mx
C
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RESOLUTION NO.7956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS
A SITE DEVELOPMENT PLAN 84-5 TO ALLOW CONSTRUCTION
OF A MIXED USE INDUSTRIAL/OFFICE COMPLEX ON 16.5
ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF EL CAMINO REAL NORTH OF THE CABLEVISION
BUILDING.
APPLICANT: CARLSBAD GATEWAY CENTER
CASE NO.: SDP 84-5
WHEREAS on February 14, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2410 approving SDP 84-5? and
WHEREAS, the City Council of the City of Carlsbad, on
December 18, 1984 and on March 19, 1985 held hearings to
consider the recommendations and heard all persons interested .-in
or opposed to Site Development Plan No. 84-5; and
WHEREAS, the Land Use Planning Manager and the Planning
Commission have determined that the project will not have- any
significant impacts on the environment and a Negative Declaration
has been prepared, filed and approved by the Planning Commission
on February 14, 1985 in satisfaction of the requirements of the
City of Carlsbad Environmental Protection Ordinance of 1980 and
the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
i
the City of Carlsbad, California as follows:
iA. That the above recitations are true and correct.
B. That the findings and conditions of the Planning
Commission contained in Resolution No. 2410 constitute the
findings and conditions of the City Council in this matter. Site
Development Plan No. 84-5 is approved subject to the conditions
of Planning Commission Resolution No. 2410 with the exception oi
an additional condition number 49 to read as follows:
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"49. If any condition for construction or financing of
any public improvements or facilities, or the payment
of fees in lieu thereof, is challenged this approval
shall be suspended. If any challenged condition is'
determined to be invalid this approval shall be invalid
unless the City Council determines that the project
without the condition complies with all requirements of
law and council policy, and that all the public
facility needs created by this project have been or
will be mitigated."
C. That in order to mitigate the public facilities
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needs created by this project, to reduce adverse traffic
conditions which would otherwise result from the -traffic
generated by this project, to ensure that the access to this
project from El Camino Real is a secondary access, and to ensure
consistency with the Circulation Element of the General Plan itt
is necessary to condition this project on the provision of Palmer
Way to the "Harbour connection" as provided in conditions 34 and
35 of Planning Commission Resolution No. 2410. The City Traffic
Engineering consultant has specifically testified that the
traffic generated from this project necessitates the provision <>L
the streets specified in conditions 34 and 35 of Planning
Commission Resolution No. 2410.
D. That Site Development Plan No. 84-5 together with
\V ' . 'the provisions for its design and improvement and subject to the
conditions of this 'resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
E. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of
the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other
pa'per seeking judicial review must be filed in the
appropriate court not later than the ninetieth, day
following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the
proceedings Accompanied by the required deposit.in an
amount sufficient to cover the estimated cost of
preparation of such record, the time within which such
petition may be filed in court is extended to not later
than the thirtieth day following the date on which the
record is either personally delivered or mailed to the
party or his attorney of record, if he has one. A
written request for the preparation of the record of
the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED-at a regular meeting of
the City Council of the.City of Carlsbad> California, held on the
- 9th day of ^ril , 1985 by the following vote, to wit:
AYES: Council Msnibers Casler, Lewis, Kulchin, Chick and
NOES: None
ABSENT: None
ATTEST:
MARY H.yCASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clferk
3.
PLANNING COMMISSION RESOLUTION NO. 2410
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
- DEVELOPMENT PLAN NO. 84-5, TO ALLOW
CONSTRUCTION OF A MIXED-USE INDUSTRIAL/OFFICE
. COMPLEX ON 16.5 ACRES OF PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL,
,, NORTH OF THE CABLEVISION BUILDING.
APPLICANT: CARLSBAD GATEWAY CENTER
- CASE NO: SDP 84-5o
ri
WHEREAS, a verified application has been filed with the
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City of Carlsbad and referred to the Planning Commission; and
9 •WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal;code,
12 the Planning Commission did on the 14th day of November, 1984,. on
13 - •the 23rd day of January, 1985 and on the 14th day of February,
14 1985, consider said request on property described as:
15 A portion of Parcels 1 and 2, in the City of Carlsbad,
County of San Diego, State of California as shown at P .
10060 of Parcel Maps filed in the Office of the County
Recorder of San Diego County, May 23, 1980.;
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
20 I heard, said Commission considered all factors relating to Site
Development Plan No. 84-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
23 I Commission of the City of Carlsbad as follows:
24 I (A) That the foregoing recitations are true and correct
"*" :
j>c (B) That based on the evidence presented at the public hearing,
the Commission APPROVES SDP 84-5, based on the following
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findings and subject to the following conditions:
1 Findings;
2 1) The project is consistent with all City public facility pol-
icies and ordinances since:
*3 a) The Planning Commission has, by inclusion of an
4 appropriate condition to this project, insured that the
final map will not be approved unless the City Council
5 finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
6 condition that a note shall be placed on the final map
that building permits may not be issued for the project
7 unless the City "Engineer determines that sewer service is
available, and building cannot occur within the project
8 unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
9 public facilities -element of the general plan have been
met insofar as they apply to sewer service for this
10 project.
b) All necessary public improvements have been provided or
11 will be required as conditions of approval.
c) The applicant has agreed and is required by the inclusion
12 of an appropriate condition to pay a public facilities
fee. -Performance of that contract and payment of-.the fee
13 ' will enable this body to find" that public facilities will
be available concurrent with need .as.required by th'e
14 general plan. ' "
15 2) The project is consistent with M-Q zone standards and is
compatible with surrounding existing and future uses in the
16 area.
17 3) The project, as conditioned, is consistent with the "El
Camino Real Corridor Standards".
18 4) The uses as listed on Exhibit "X", dated October 10, 1984,
19 are compatible with existing and future permitted uses in
this vicinity as stated in the staff report.
20 v
5) This project will not cause any significant environmental
21 impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on September 18, 1984 and approved by the
22 Planning Commission on January 23, 1985.
23 6) The project is located within the Palomar Airport Influence
area and has been found to be consistent with the provisions
24 of the Palomar Airport Comprehensive Land Use Plan per the
letter from SANDAG dated, August 27, 1984.
25 Conditions;
26 1) Approval is granted for SDP 84-5, as shown on Exhibit "A",
27 dated August 24, 1984 and "B" - "GB, dated July 24, 1984,
incorporated by reference and on file in the Land Use Planiun.i
28 Office. Development shall occur substantially as shown unl--.-.
otherwise noted in these conditions.
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2) This project is approved upon the express condition that
building permits shall not be approved unless the City
Council finds as of the time of such approval that sewer
service is available to serve the project.
3) This project is approved upon the express condition that
building- permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy.
4) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated July 19,
1984, is on file with' the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this
application will not be consistent with the General Plan, and
approval for this project shall be void.
5) Approval of this request shall"not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
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6) Water shall be provided to this project "pursuant to the Water
Service agreement between the City of Carlsbad..and the Costa
Real Water District, dated May 2-5, 1983.
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Land Use Planning Conditions;
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7) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
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8) The applicant^shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits. Such plan shall minimize the amount of landscape
area devoted to lawns and other plantings requiring large
amounts of water, and shall include drought tolerant species
in their place. In addition, this plan shall incorporate
landscape standards identified for this area in the Landscape
Guidelines Manual.
9) A 500' scale map of the project shall be submitted to the
Land Use Planning Manager prior to the recordation of the
final map. Said map shall show all lots and streets within
and adjacent to the project.
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10) All parking lot trees shall be a minimum of 15 gallons in
size.
~EtC BJES.Q HQ,f 2.4 10 -3•
11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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12) A uniform sign program for this development shall be submitted
to the Land Use Planning Manager for his review and approval
prior to occupancy of any building. As part of said program,
no free^standing signs shall be allowed along El Camino Real.
13) Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager.
14) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction of
the Land Use Planning Manacjer and Building and Planning
Director.
,, 15) Project entryways and landscape areas shall be designed as
x identified on Exhibit "A", dated August 24, 1934. The setback
,« along El Camino Real shall be redesigned to include a minimum
25-foot landscape area from right-of-way line (including
.,, revised riyht-of-way line to accommodate-a deceleration.
lane) to parking area along this entire frontage subject to
,. the approval of the Land Use Planning Manager. This redesign
will include the deletion of 17 parking spaces adjacent to the
, e deceleration lane. All other setbacks shall be maintained as
shown on this exhibit.
16) Uses allowed in "Building B" shall be restricted to those
.,„ and conditional uses identified in Exhibit "X", dated October
10, 19R4, attached to this resolution. A note to this effect
-„ shall be placed on the approved site development plan and on
subsequent building plans.
17) All aspects of^ the "El Camino Real Corridor Standards", as
2Q they pertain 60 this site, shall be complied with in their
entirety.
21 Engineering Conditibns;
18) The developer shall agree to participate in the formation of
O-T and shall participate in an assessment or other district as
may be satisfactory to the City of Carlsbad Council to fund
the design and construction of improvements for the sanitary
sewer facilities serving the AH27 Basin as shown on the,
"Interceptor and Trunk Sewer System Master Map," dated June
1984, which is on file in the Office of the City Engineer.
Other areas as the City Engineer may determine necessary or
desirable may be included in any such district.
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1 19) Pretreatment of the sanitary sewer discharge from this project
may be^required. In addition to the requirements for a sewer
2 connection permit the developer shall conform to the
requirements of Chapter 13.16 of the Carlsbad Municipal Code.
3 The developer shall apply for an industrial waste discharge
permit concurrently with the building permit for this project.
4 No Certi-ficates of Occupancy for the project will be issued
before the industrial waste discharge permit application
5 requirements have been met/ all applicable fees paid and the
permit issued.
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20) The developer shall obtain a grading permit prior to the
7 commencement of any clearing or grading of the site. •
8 21) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.l70(a) of the Carlsbad Municipal- Code.
9 Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
10 inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
11 Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code. -•
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22) Upon completion of grading, the .developer shall insure that an
13 -"as-graded" geologic plan shall'be submitted to the City
Engineer, The plan shall clearly show all the geology as
14 exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
15 tour map which represents both the pire-and post site grading.
This plan shall be signed by both the soils engineer, and the
16 engineering geologist. The plan shall be prepared on a myl.u:
or similar drafting film and shall become a permanent record.
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23) No grading shall occur outside the limits of the project
18 unless a letter of permission is obtained from the owners of
the affected properties.
19 II 24) A separate grading plan shall be submitted and approved and a
20 separate grading permit issued for the borrow or disposal site
if located within the city limits.
21 25) All slopes within this project shall be no steeper than 2:1.
22 The off-site slope laying to the east of this project shall
be graded so as to provide a 2:1 slope for-its entire extent
23 adjacent to this project or the improvements required by
these conditions.
24 26) Prior to hauling dirt or construction materials to any
25 proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
26 for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impos«>
27 with regards to the hauling operation.
28 PC RESO NO. 2410 -5-
1 27) The.developer shall exercise special care during the
construction phase of this project to prevent any off-site
2 siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
5 basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
4 shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
5 the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
5 served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
7 approved by the cfty Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
8 of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
9 deposit and bonding in amounts and types suitable to the City
Engineer.
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28) Additional drainage easements and drainage structures shall be
11 provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City fingi-
12 neer.
13 29) .The developer shall pay the current local drainage area-fee
prior to approval of the final map or'shall construct drain-
14 age systems in conformance with the Master Drainage Plan and
City of Carlsbad Standards as required by the City Engineer.
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30) The owner of the subject property shall execute a hold
16 harmless agreement regarding drainage across the adjacent
property prior to approval of building permits.
17 31) The drainage system shall be designed to ensure that runoff
18 resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
19 than the runoff from a storm of the same frequency and
duration underAexisting developed conditions. Both 6 hour and
20 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired
21 results. Alternate methods of meeting this condition that
are satisfactory to the City Engineer may be used. No
22 solution that includes creation of a backwater in the
upstream, off-site, storm drain will be allowed. The
23 developer shall grant an easement to the City allowing
continued discharge of storm waters through the private storm
24 drain system within the project. The storm drain system on
this project shall remain private and shall be maintained by
25 the owner of the project.
26 32) Land for all public streets and easements shown on the site
plan shall be dedicated on the final map and shall be
27 granted to city free and clear of all liens and encum-
brances.
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PC RESO NO. 2410 -6-
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33) The developer shall record an easement securing the right of
unrestricted public access for the property adjacent to the
southerly line of the project that fronts on El Carhino Real.
The form and content of the easement deed shall be to the.
satisfaction of the City Engineer and shall be recorded and a
certified copy provided to the City Engineer prior to
issuance of a building permit. The access easement shall be
no less than 24 feet wide and shall include access from both
Palmer Way and El Camino Real via the right in/out driveway
permitted by this project.
34) Improvements listed in this section shall be installed or
agreed to be installed by secured agreement by the developer
before the issuance of any building permit. The'developer
shall obtain approval of the plans from the City Engineer and
pay all associated fees and performance guarantees prior to
issuance of any building permit. The developer shall install
said improvements to the satisfaction of the City Engineer
prior to issuance of a Certificate of Occupancy or occupancy
of any portion of the project for any purpose. The
improvements, are:
— 1.
a) Palmer Way to full width industrial street standards from
its existing northerly terminus to the northerly line of
-- the project. This includes- securing the right-of-way for
this street. "-.'.
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b) A temporary turn-around, barricade and warning signs for
the northerly temporary terminus of Palmer Way.
c) Sanitary sewer from the existing manhole (which lays
approximately 155 feet easterly of the intersection of
Palmer Way.and Impaia Drive) thence to the intersection
of Palmer Way and Impaia Drive thence to the northerly
line of the project. Manholes constructed under this
item shall have appropriate stubs for future connections.
The developer shall commission a sewer basin study
sufficient in detail and to the satisfaction of the City
Engineer to ascertain the size of sanitary sewer
facilities^ required by these conditions.
d) Sanitary sewer pump station sized to meet the
requirements of sub-item (c) above.
e) El Camino Real to one-half width prime arterial street
standards for its entire length along the project
frontage The median required by this sub-item shall be
I installed at such time as the City Engineer directs.
f) Additional street lights on El Camino Real
g) Street lights on Palmer Way
h) All public improvements shown on the site plan
i) Remove and replace the sidewalk in El Camino Real adjacent
to the curb inlet located approximately 235 feet northerly
of the southwesterly corner of the project. It is
anticipated that approximately 50 square feet of sidewalk
must be replaced.
j) Removal and replacement of all public facilities damage.!
during the course of constructing this project
PC RESO NO. 2410 -7-
k) Deceleration Lane and appropriate signage for the driveway
on El Caraino Real. The lane shall be no less than 100
2 feet long. The deceleration taper shall be no less than
50 feet long. Except for the tapered portion, the lane
2 shall be no less than 12 feet wide.
1) Palmer Way to full width industrial street standards frora
the .northerly line of this project to the westerly line
of "C" Street, except that the pavement width shall be 28
feet and centered in the right-of-way. Concrete curb,
gutter and sidewalk may be omitted. Asphalt curb shall
be provided. A 300 foot long width transition for Palmer
Way, with appropriate signage, shall be provided from the
northwesterly "Boundary of the project in a westerly
• direction. The alignment of Palmer Way and the location
of "C" Street shall be similar to that shown on the
approved tentative map for CT 83-6. . ,.
m) "C" Street to full width industrial street standards from
the northerly line of Palmer Way to the existing
travelled way of El Camino Real, except that the pavement
width shall be 28 feet and centered in the right-of-way,
•in Concrete curb, gutter and sidewalk may be omitted
Asphalt curb shall be provided. The alignment and 1.
location of "C" Street shall be similar to that, shown on
the approved tentative map for CT 83-6. The
. acceleration and deceleration lanes shown on the-
tentative map for Ct 83-6 are specifically not- approved.
n) El Camino Real to prime arterial standards for .its
northerly half for distances of 300 feet on each side of
the intersection with "C" Street, except that only
improvements that pertain to those facilities required by
the City Engineer to construct a right in/out only
intersection with "C" Street shall be reuired.
17 35) The developer may satisfy conditions 34(1), 34(m) and 34(n),
•jo by initiating and completing the proceedings for an
assessment or other district as may be satisfactory to the
19 city of Carlsbad Council to fund the design and construction
of the improvements listed in this condition. The district
2Q formation proceedings shall be completed prior to the
issuance of building permits
21 a) Palmer Way to full width industrial street standards from
22 it's existing northerly terminus (which lays
approximately 390 feet north of the south-east corner of
23 this project) to the northerly line of 'C1 Street and
from the easterly line of College Boulevard to the-
24 easterly line of 'B1 Street.
25 b) Palmer Way to full width collector street standards, from
the easterly line of 'B' Street to the northerly line of
25 'C' Street.
c) 'C1 Street to full width industrial street standards from
Palmer Way to El Camino Real.
PC RESO NO. 2410 -8-
d) The portion of College Boulevard east of its median and
laying between the westerly extension of the northerly
right-of-way line of Palmer Way to the southerly line of
El Caminp Real. The portion of College Boulevard to be
constructed shall be to major arterial standards except
that the curb to curb width shall be forty feet.
e) El Camino Real to prime arterial standards for its
c northerly half for distances of 300 feet on each side of
the intersection with 'C1 Street, except that only
- improvements that pertain to those facilities required by
the City Engineer to construct a right in/out only
intersection .with 'C1 Street shall be required.
f) Temporary median improvements, lane striping, traffic
warning and control facilities (excluding traffic
signals) and associated facilities to prbvide an interim
intersection at College Boulevard and El Camino Real.
g) Temporary barricades at the street intersections and
major driveway entrances that are not in use at the.time
of construction of these street improvements. "
12 h) Street lights.
13 i) Domestic water, sanitary sewer' and storm drain lines
located within the rights-bf-'way to the street being
constructed by the assessment district.
15 j) Storm drain facilities necessary to serve the streets
.ng being constructed by the assessment district and to drain
adjacent properties that would otherwise have impounded
storm water due to the street design of the assessment
district.
18 The improvements of this condition shall be constructed to
the satisfaction of the City Engineer. Sub-items a, c, e, of
this condition and the portions of sub-items g, h, i, and j
2Q of this condition that are within or necessitated by sub-.
items a, c, and e of this condition shall be completed, prior
to issuance of any Certificate of Occupancy for this project
\
22 36) Tne developer and owner of the project shall relinquish all
direct accesss to El Camino Real for the project site
23 excepting only the driveway shown on the site plan and that
driveway for right in/out access only
24 37) The developer shall comply with all the rules, regulations and
25 design requirements of the respective sewer and water agencies
regarding services to the project.
26 ////
27
2Q PC RESO NO. 2410 -9-
38) The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approval of the
final map. The structural section of all private streets
shall conform to City of Carlsbad Standards based on R-value
tests. All private streets and drainage systems shall be
inspected by the city, and the standard improvement plan check
and inspection fees shall be paid prior to approval of
building permits
39) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
40) All plans, specifications, and supporting documents for the
improvements of this project shall be signed, and sealed by the
Engineer.in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
10 signed and sealed-on their first page. Additionally the first
sheet of each set of plans shall have the following
11 certificate:
12 "DECLARATION OF RESPONSIBLE CHARGE'
13 I hereby declare that I am the/Engineer of Work for this
'project, that I have exercised responsible charge over* the
14 design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
15 • consistent with current standards.
15 I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
17 only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
19 Firm:
20 Address: \_
21 City, St. :
22 Telephone:
23 BY ^ Date:
(Name of Engineer)
24 R. C. E. NO. f
25 41) The developer shall provide the City with a reproducible mylar
25 copy of the site plan as approved by the Planning Commission.
The site plan shall reflect the conditions of approval by
27 the City. The map copy shall be submitted to the City
Engineer prior to improvement plan submittal
00
PC RESO NO. 2410 -10-
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42J "Prior to recordation of any final map for this development,
the owner shall give written consent to the annexation of the
area shown within the boundaries of the Tentative Map into the
existing City of Carlsbad Street Lighting and Landscaping
District No. 1.
Fire Conditions:
43) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
^'- ^Department.
44) Additional public, and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshal. •
45) The applicant" shall submit two (2) copies of'a site plan
showing locations of existing and pjr.oposed fire hydrants and
on site roads and drives subjeo-f'to the approval of the Fire
^' Marshal.
46) An all weather access road shall be maintained throughout
construction.
required fire hydrants, water mains and appurtenances
" -••shall be operational prior to combustible building materials
\ .being located on the project site.,.,
V .''"".• • . .—'
4-8) 'sFij^e retardant roofs-sttall be required on all structures,
v "" ' '
'» PASSED, APPROVED AND ADOPTED at a regular meeting '.of th
Panning Commission of the City of Carlsbad, California, he;ld on
I
the 14th day of February, 1985, by the following vote, to wit:
AYES: Commissioners L'Heureux, Smith, McFadden,
Marcus and Rombotis.
*NOES: Chairman Farrow.
ABSENT: Commissioner Schlehuber.
VERNON J<FARROW,
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOfc»2MILLEl
LAND USE PLANNING MANAGER
PC RESO NO. 2410 -11-
LOCATION MAP
PA1.OMAR TECH,
INDUSTRIAL PARK
BECKMAN INST.
CARLSBAD
RESEARCH
CENTER
FARADAY
BUSINESS PARK
..... ,. ^ r. -, ,-., /> -7-r-m''^ \f .or-MTC
A . f - iL-^rl A.i. J ..... CiZ-lLJLJILiiilo s ^jQl '.'- J f^.QHP
^ ^ *
fhomas L Beatrice E.
ROBERTS, MAI . ROBERTS, MAI, SRPA
Appraisal of Real Estate
3580 Adams Avenue, San Diego. California 92116 (619) 283-5711
Thomas L. Roberts, MAI, ASA, Real Estate Appraiser
Qualifications and Experience
June, 1969 - Current; Realtor-Appraiser: President, Princeton
Financial, Inc., a California Corporation, concerned with real estate
and financial appraisal and research. Brokerage practice in special
purpose properties. Real estate and business appraiser, appraising
single 'family, multiple residential, commercial, industrial, and
subdivision acreage properties for sale, purchase, merger, stocl.
distribution, and public acquisition purposes involving damages and
special benefits, the three approaches to value, machinery and
equipment, easements, and leases.
1963 - May, 1969: Senior Right of Way Agent, California State
Division of Highways, Sacramento, Headquarters Office, with primary
duties as appraisal reviewer. Reviewed for purchase approval
approximately 3,000 parcels per year from all counties of State,
covering many types of uses, in a range of individual parcel value to
$4 million. Assisted . in Headquarters management and supervision of
eleven district office appraisal operations. Appraisal field reviewer
for -Los Angeles, San Bernardino, San Diego, Riverside,. Orange,
Imperial-, and Ventura Counties.
1956 - 1963: Right of Way Agent, California State Division of
HighwaysSanDiego District Office with primary experience _in
appraisals. Made market value appraisals of full and partial
acquisitions, with damages and special benefits, for residential,
commercial, industrial, agricultural, and special purpose properties
including: trailer parks, churches, schools, municipal parks, machine
shops, laundry and dry ^cleaners, theater, printers, fire station,
vacant land, and.machinery and equipment appraisals.
Total of approximately 3000 -parcels valued at fair market value
of approximately $1,100 million total value ($158 million individual
parcel value) principally in San Diego, Imperial and Riverside
Counties, and in the Cities of San Diego, Coronado, El Cajon,
Escondido, National City, La Mesa, San Marcos, Chula Vista, Imperial
Beach, Oceanside, Carlsbad, Santee, and Vista. California: Lake-Tahoe,
Sacramento, Ventura, Walnut Creek. Nevada: Carson City, Garnerville,
Genoa, and Las Vegas.
Professional Publications
Editor and Contributor: "Appraisals" Chapter 11, California
Division of Highways Right of Way Manual - 4th, 5th and 6th
Edition 1966-1969
Contributor: "An Informational Guide for Appraisal Review" AASHO
1968
Author: "Comparable Sale Syndrome" - Valuation Magazine June,
1969 • '
Author: "Appraisals of Machinery and Equipment in Eminent Domain"
- The Appraisal of ^Machinery and Equipment Monograph No. 2,
August, 1969
Author: "Real Estate Project Appraisals" - BCA Builder June, 1971
Author: "Valuation of the Special Purpose Property" - ASA
International Appraisal Conference, El Paso, Texas June, 1971
Contributing Author: Appraisal Sections State of California,
Dept. of Real Estate Reference Book and Guide^ Editions of
1979-80, 1981-82, and 1984-85
Author: Appraisal Journal, American Institute of Real Estate
Appraisers,
"Project Enhancement In Eminent Domainy" ' April, 1982
"Apprizing 1648," July, 1984
Editor and Contributing Author: Principles and Procedures Courses
Revisions 1983-84, American Institute of Real Estate
Appraisers.
Papers and Lectures
"Valuation Concepts in Eminent Domain," San Diego Bar Association
Eminent Domain Section, (March, 1981)
"Attorney Appraiser^ Relationships," San Diego Bar Association
Eminent Domain Section (Oct., 1979) . '
"Valuation of Real Estate," San Diego Chapter Trial Lawyers
Association Seminar (Sept., 1977)
"Cost Estimation for Real Estate Appraisals," San Diego Chapter
American Society Professional Estimators (Oct., 1978). •
"Appraisal Reporting Methods," Guest lecturer, Royal Melbourne
Institute of Technology, Melbourne Australia (Sept., 1983).
"Valuation Problems," San Diego Bar Association, Real Property
Section, (March, 1984)
.Representative Clients
Public Agencies and Utilities
Centre City Development Corp.
City of Carlsbad
City of Chula Vista
City of El Cajon
City of National City
City of Oceanside
City of Poway
City of San Diego
City of Santee
Coronado Unified School District
County of San Diego
General Telephone and Telegraph
Grossmont Hospital District "
Imperial Irrigation District
Leucadia Municipal Water District
Otay Municipal Water District
Pacific Telephone and Telegraph
San Diego City Unified School Dist
San Diego Community College Dist
San Diego Gas and Electric Co.
San Diego Metropolitan Transit Bd
San Diego Unified Port District
San Marcos County Water District
State of Calif.
Dept. of Transportation
Dept. of Beaches and Parks
Sweetwater Authority
Tia Juana Valley County Water Dist
University of California
Unitod States Federal Government
General Services Admin. (GSA)
Banks and Financial Institutions
Savings
Community Bank of Huntington Park
-Crocker National Bank
.T.a.Jolla Bank
-fian Diego Trust and Savings Bank
.Security Pacific National Bank
Union Bank
Westlands Bank
Citibank (New York)
New York. Life
Commercial and Institutions
A. C. Company
Agro Land Co. (Pinnacle Peak)
American Fence Co.
Bob Brown Renault Motors
Church of Latter Day Saints
Cloisters Conv. Hospital
Del Mar Turf Club
First Lutheran Church (San Diego)
INA Insurance Co.
.Key Container Corp.
Lydell Muffler
Merle Palmer Mobile Home Park
Minneapolis Insurance Co.
Orien Properties
Pacific Southwest Airways (PSA)
Pankey Farms
San Diego State University
Foundation
South Bay Auto Wreckers
Southland Corp. (7/11 Stores)
Sperry and Hutchinson, Inc.
Trust for Public Land Nature
Conservancy
Union Oil Co.
Van Camp Sea Food Co'.
Victor Stewart Farms
World Evangelism, Inc.
Real Estate and Developers
A. J. Hall Co.
American Housing Guild
Baldwin Co.
Calif. Land Title Co.
Chicago Title Insurance Co.
Coldwell Banker
Commonwealth Land Title
Cushman and Wakefield
Curtis Coleman Co.
Daley Corporation
Dalseth Construction Company
First American Title Co.
Frank Ferreira Construction Co.
Hallcraft Homes, Inc.
Harry L. Summer, Inc.
John Burnham Co.
John Potous Construction Co. .
Leadership Housing Systems, Inc.
Lipscomb Engineering Co.
Nexus Corp
Oliver McMillan
Pardee Construction Co.
Penasquitos - Genstar -
Percy Goodwin Company
Piedmont Construction Co.
Ray Jessen Development Co.
Real Estate Research Corporation
Richard Lareau, AIA
Safaland, Inc.
Signal Landmark Co.
Swanco Management Co.
Teachers Management Investments
(TMI)
Title Insurance and Trust Co.
Transamerica Title Co.
Western Salt Co.
World Baptist Loan Corp.
Representative Attorney References
Gary J. Aguirre
Samuel C. Alhadeff
M. Steven Andersen
Michael T. Andrew
Richard Ball
Howard J. Barnhorst/ II
Christopher Blake
C. Michael Cowett
Thomas Dankert
Thomas Davies
Donald Detisch
Hodge Dolle, .Jr.
Jerome E. Eggers
Ronald L. Endeman
Paul D. Engstrahd
Joel C. Estes
Margaret A. Ford
Richard Franck
Eugene L. Freeland
Richard R.Freeland
Peter P. Gamer
Michaal Gatzke
William C. George
Louis E. Goebel
Arthur Gay
Leo R. B. Henrikson
Gaylord L. Henry
Carl M. Hillenbrand
Richard Huxtable
Joel L. Incorvaia
Phillip Isaac
Gideon Kanner
Roscoe D. Keagy
Robert J. Klitgaard
Reginald Knox
Bruce W. Lorber
Thomas Lundmark
Joyce A. McCoy
Richard D. McDonald
Robert L. McFarland
Do"nald McGrath, II
Donald F. McLean, Jr,
Gloria S. McLean
Gerald L. McMahon
Keith McWilliams
Donald P. Magnuson
Margaret M. Mann
David R. Markham
Larry S. Marshall
James H. Miller
Jeffrey T. Miller
James Milliken
Michael T. Murphy
Louis Nizer •
Richard W. Page
Ben Park
William C. Pate
Robert K. Peddycord
Alan R. Perry
. Michael B. Poynor
Cameron Reeves
Robert L. Rentto
Irl R. Robinson
Ronald W. Rouse
James E. Rubnitz
Richard G. Rypinski
Lance C. Schaeffer
Thomas E. Sharkey
Milton Silverberg
John Simon
Herbert J. Solomon
Martin Stein
Timothy S. Thomas
Larry Thompson
Kenneth C. Turek
Robert Waldron
William Ward III
Byron F. White
John H. Whitney
John W. Witt
Robert C. Wright
ROSCOE D. KEACY
EDUCATION:
Graduate, San Diego State University, 1958, Honor Award in Economics.
Graduate, University of California at Berkeley, 1961, Doctor of Law
Numerous California Education of the Bar courses in condemnation, real
property, governmental law and civil procedure
Numerous seminars on right of way and appraisal topics
PROFESSIONAL AFFILIATIONS;
California Bar Association
San Diego County Bar Association
American Trial Lawyers Association
California Trial Lawyers Association
San Diego Trial Lawyers Association
International Right of Way Association
American Bar Association
Past Member, California State Bar Committee on Condemnation
California Condemnation Attorneys -Group
PROFESSIONAL DESIGNATIONS, MEMBERSHIPS;
Right of Way Professional of the Year, 1981, International Right of Way
Association, Chapter 11 .
Past President, International Right of Way Association, Chapter 11
Pro Tern Judge of the Superior Court
Authorized to Practice before the United States Supreme Court;
California Supreme Court; United States District Court,
Northern District of California; United States District Court;
Southern District of California; Court of Appeals, Ninth Circuit
TEACHING AND GUEST LECTURING;
Chairman, California Education of the Bar, course on inverse
condemnation
Guest lecturer involving condemnation and real estate topics
before the Guild of Real Estate Appraisers .
Seminar Instructor re Assembly Bill 11 presented to American Institute of
Real Estate Appraisers
Guest lecturer, American Institute of Real Estate Appraisers regarding
condemnation and real property
Teacher, International Right of Way Association, Real Property Course 401
Guest lecturer in workshops sponsored by International Right-of Way Association,
Chapter 11, regarding Assembly Bill 11..
Seminar participant regarding condemnation, real property topics for
International Right of Way Association, Chapter 11
Certified teacher for International Right of Way Association for legal issues
associated with right of way acquisitions
Seminar participant for Eminent Domain Institute on California condemnation law
Teacher for International Right of Way Association in Seattle, Washington,
Course 101
-1-
Co-authored and taught Course 214, "Skills of Expert Testimony" for International
Right of Way Association in Phoenix, Las Vegas, Albuquerque, San Diego,
Anaheim, Los Angeles, and Sacramento
Guest lecturer involving condemnation and real estate topics before the Society
of Real Estate Appraisers
REPRESENTATIVE CONDEMNOR CLIENTS:
City of Chula Vista
City of Coronado
City of Del Mar
City of Escondido
City of La Mesa
Calexico Redevelopment Agency
County of San Diego
Fallbrook Sanitary District
San Diego Gas & Electric Company
San Diego Unified Port District
Walnut Valley Municipal Water District
LEGAL EXPERIENCE - GENERAL:
Trial attorney, California Division of Highways, 3 years
Private practice of law since 1965, specializing in condemnation, real property
law, and litigation
Senior partner in the law firm of Asaro & Keagy since 1968
Qualified as expert witness on the issues of fees, standard of care, and general
condemnation law procedure and practice in Superior Courts in Riverside,
Los Angeles, and Imperial Counties
LEGAL EXPERIENCE - REAL ESTATE:
I was employed by the State Division of Highways as a trial attorney from 1962 to
1965. My duties included the acquisition of property for highways and freeways.
I have been a trial attorney in private practice since 1965, specializing in real
estate, and specifically in right of way and eminent domain law. I have repre-
sented both condemnors ancj condemnees in private practice. I have engaged in
trial work involving numerous and varied real estate problems, worked in a
professional capacity with right of way agents, appraisers, real estate brokers,
developers, title companies, mortgage bankers, and others in the real estate
field.
DK:MDDCT3/KResume
-2-
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND DAVIS/WALTERS/CADCO CARLSBAD GATEWAY
REGARDING ACQUISITION OF CERTAIN
EASEMENTS FOR STREET AND ATTENDANT PURPOSES
AS REQUIRED BY SITE DEVELOPMENT PLAN 84-5
CARLSBAD GATEWAY CENTER
THIS AGREEMENT is made this ^sU-day of ^f19 _, by and between the City of Carlsbad, California, a^ndnicipal
corporation (hereinafter called "City") and DAVIS/ WALTERS /GADCO
CARLSBAD GATEWAY , (hereinafter called "Developer").
RECITALS • :
1. Developer is required, as a condition of Resolution
No. 7956 of the City Council of the City of Carlsbad, approving Site
Development Plan 81-5, to acquire- offsite easements for street and
attendant purposes, and to provide for the construction of certain
improvements, to wit: The acquisition of the right of way for and
development of Palmer Way to the Barbour Connection as provided in
Conditions 34 and 35 of Planning Commission Resolution No. 2410.
» - - ^
2. It is necessary that Developer secure said road
easements for street and attendant purposes and install improvements
thereon and in accordance with specifications of the City of Carlsbad.
The offsite road improvement is essential to provide public facilities for
the development and to mitigate the public facilities burdens created by
the development.
3. Developer has been unable to acquire by a negotiated
purchase the required easements for street and attendant purposes for
the development, and requests that the City assist in the acquisition by
exercise of the City's power of eminent domain.
4. This Agreement is authorized by and is entered into
pursuant to Section 20.16.095 of the Carlsbad Municipal Code and
Section 66462.5 of theOCalifornia Government Code.
NOW THEREFORE, in consideration of the mutual covenants
contained herein and of the recitals, it is mutually agreed by and
between the parties as follows:
1. Developer agrees to retain outside counsel, ASARO &
KEAGY, on behalf of City, to prepare and file on behalf of the City,
all documents, pleadings, and process necessary to acquire the required
easements through an action in eminent domain. Said outside counsel
will either be associated with the City Attorney in the eminent domain
proceeding, or will independently pursue the eminent domain action on
behalf of the City, as the City, in its discretion, determines.
,~J
-2-
Developer agrees not to replace ASARO & KEAGY without the City's
consent, which will not be unreasonably withheld.
2. Developer agrees to bear all expenses, costs, fees, and
charges, including attorneys', engineers', appraisers' or other profes-
sional service fees incurred or charged in connection with the acquisi-
tion of the various property interests and the preparation and prose-
cution of the eminent domain proceeding, and City shall assume no
responsibility for said amounts. There shall be no charge for City
staff time associated with this Project.
3. It is understood and agreed that even though City is
party Plaintiff, it shall assume no financial responsibility in said emi-
nent domain action, and that as further proceedings are required,
outside counsel shall assume primary responsibility and direction of any
actions subject to any necessary approvals of City. City agrees to
cooperate and assist in commencing and prosecuting said condemnation
action in an expeditious manner for the purpose of completing same as
soon as reasonably possible in accordance with applicable laws.
4. Developer shall retain, at its sole cost and expense, any
appraiser, engineer, or other expert witness, as mutually agreed upon
by Developer and City, to provide any necessary appraisal, engineer-
ing, or other information, in a form suitable for use in connection with
said condemnation proceedings. Any appraiser, engineer, and other
expert witness required shall be paid directly by Developer. City shall
assume no responsibility for such payment.
5. Developer shall pay all amounts, plus interest, as
required as a result . of any judgment or settlement in payment for
easements to be acquired. City shall assume no responsibility for said
payments.
6. The parties hereby agree to seek an Order for Immediate
Possession for the real property and interests in real property
necessary for the improvements and facilities and related easements,
and comply with thev legal procedures necessary therefor. Developer
shall be responsible for the deposit of funds, posting of security, or
payment of any costs associated with the Order for Immediate
Possession.
7. City retains the right to assume primary responsibility
for the subject litigation at any time, and to prosecute it to completion
with all costs, including attorney's fees, to be borne by Developer.
8. It is understood that prior to the initiation of any emi-
nent domain proceedings, it will be necessary for City, in its sole
discretion, to adopt a Resolution of Necessity for the acquisition of the
property and to make the necessary findings as required by law. The
adoption of a Resolution of Necessity shall be a condition precedent to
-3-
any obligation of the Developer herein. City agrees to use due dili-
gence in processing the matter to hearing before the City Council in
order to ensure compliance with the time limits established by Sec-
tion 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of
the California Government Code. Developer agrees that any failure by
City to comply with the time limits, shall not cause an invalidation of
any condition of the Site Development Plan, or relieve Developer of any
obligation hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CITY OF CARLSBAD
A Municipal Corporation of the
State of California
By:
ATTEST:
; '^C^^^ 0 .
MARY CASLER, Mayor
ALETHA L. RAUTENKRANZ
City Clerk
J^JuL^p-^a-^ — v
RANZ
DAVIS/WALTERS/CADCO CARLSBAD
GATEWAY
A California General Partnership
By:
~^Rn=RED WALTERS
General Partner
DK:MDDCT3/041686a