Loading...
HomeMy WebLinkAbout1986-10-21; City Council; 8797; Authorizing and directing condemation of propertyCIT OF CARLSBAD — AGENT BILL p. o C/?) E ' — " - ™ ,«,n 10pi/Rfi DFPT. CA TITLE: AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD OPPT Htf CITY MGR.^ DCa. S; O 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 SCALE DRAWN »T CMICKfOiT rnuo IOOK JOB NO. ,.c 1*2'-'' I V\/IU.IAMSON>SCHMD 17782 SKY PARK BOULEVARD IRVINE. CALIFORNIA 92714 (714) 281-2222 AWNOVID tV 7b SCALE: /"•/<?<?' junvrrto IY CHICKIO «v FIILD IOOK JOB NO. ft : \ 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 <O t re a//o r/e *s SCALE .:/*-/<?<?' DRAWN IT luRvrrto ir CHC-KCS I*£. -= s C">„'. 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 **-• < QL 2 x X UJ UJ LU UJ CT LU £Do: oa wI IIIS: 3 if 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$*- 81-292602 «M&ff» if *« o;>vO5fc?g* ii^: •s [$:?' 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- o 3 o 5 IDv >s X)'i ati m* :o mx C 03 H s: T) 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 m , 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: 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 "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 Q 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 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 18 19 20 21 22 23 24 25 26 28 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. 14 . . • ' 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. 16 Land Use Planning Conditions; 17 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. A . . 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. 27 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. o 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. 2?" -.A- 28 //// 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. 6 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. -• 12 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. 17 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. 10 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. 15 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. 28 PC RESO NO. 2410 -6- 1 2 3 4, 5 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. "-.'. 8 10 11 12 14 15 16 17 18 20 21 22 24 2 26 2' 28 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- 1 2 3 4 5 6 7 8 9 10 12 1* 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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