Loading...
HomeMy WebLinkAbout1987-06-02; City Council; 9033; La Costa AV corridor project eminent domainQ 0 E a. a, 4 Y .. z 0 5 $ 8 a z 3 ITITLE: PUBLIC HEAR1 OF EMINENT DOMAI I LA COSTA AVENU NG FOR INITIATION N PROCEEDINGS FOR E CORRIDOR PROJEC + CIT ,OF CARLSBAD - AGEND~~ILL 'S I CITY MGR.~ I I RECOMMENDED ACTION: Adopt Resolution No. 9/ 0 3 authorizing and directing the condemnation of necessary property interests for the City's La Costa Avenue Corridor projects, appropriating funds for right-of- way acquisition, and authorizing deposit of funds with the Court. ITEM EXPLANATION: As a condition of the City's Coastal Development Permit issued by the California Coastal Commission for Phase I of the La Costa Avenue Corridor projects, the City is required to mitigate wetland and riparian disturbance. The City of Carlsbad's La Costa Avenue Mitigation Plan was subsequently approved by the California Coastal Commission in November of 1986. The mitigation plan will replace disturbed wetland and riparian areas for all phases of the La Costa Avenue Corridor projects concurrent with the Phase I construction, which includes the intersection improvements at La Costa Avenue and El Camino Real. Due to the ecological sensitivity of the area, the State of California Department of Fish and Game requires that construction of the mitigation efforts must take place during the period of April 1st through October 1st. On March IO, 1987, the City Council retained the law firm of Asaro and Keagy as Special Counsel for this action. Additionally, the Council retained the Lee C. Johnson Company for the purposes of real property appraisal and MacFarlane and Associates to provide acquisition negotiation services. Valuation of the required property interests has been completed. Negotiations and offers to purchase the property from the respective owners in accordance with legal requirements have been undertaken. Required notice to the owners in anticipation of the initiation of condemnation proceedings has taken place. Special Counsel will advise the City Council at this meeting as to the status of the negotiations and recommend to the Council the adoption of the Resolution of Necessity to Condemn. 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 by law to consider the request of any person to be heard who did not submit a written request on or before June 2, 1987, nor the request of any person not an owner of interest in the property being condemned. Adoption of the Resolution of Necessity to Condemn requires a two-thirds (2/3) vote of the Council and conclusively establishes the findings contained therein. This action includes all required right-of-way not previously dedicated or purchased for the La Costa Avenue Corridor projects within the boundaries of the City of Carlsbad. Page Two of Agenda Bill No. 9033 FISCAL IMPACT: The City Council has previously appropriated $990,000 of Traffic Impact Fee funds in the 1986-87 C.I.P. budget for the construction of the Phase I project including the intersection improvements at La Costa Avenue and El Camino Real, Project No. 3215. On May 5, 1987, the City Council appropriated $750,000 of Traffic Impact Fee funds for the construction of the La Costa Avenue Mitigation project, No. 3233. Both projects are currently out to bid with construction bids to be opened Wednesday, June 3, 1987. The City Council will be requested to award the construction contracts for both projects tentatively on June 23, 1987. On March 10, 1987, the City Council appropriated $130,622 for additional design engineering, appraisal, negotiation, and right- of-way acquisition services for the La Costa Avenue Corridor projects. Filing of the condemnation action requires a concurrent deposit with the Court the appraised value of each parcel. A summary of the completed valuation for all parcels is as follows: Property to be acquired within Carlsbad: $ 73,870 Property to be acquired within Encinitas: 219,130 Total value of property to be acquired $293,000 It should be noted that the vast majority of right-of-way within the boundaries of the City of Carlsbad required for the La Costa Avenue Corridor projects has been obtained through dedications from Hunt Properties, Inc. and one (1) parcel from the Community Bank Group. It should be further noted that negotiations with the property owners will continue. Additionally, the City Council's approval of the Resolution of the Necessity to Condemn and Special Counsel's filing of the action involves only property located within the City of Carlsbad. Property to be acquired within the City of Encinitas required for the future Phase I1 La Costa Avenue Widening project will occur at a later date. Staff recommends, however, that the City Council appropriate the above estimated cost of the right-of-way at this time to enable Special Counsel to proceed with negotiations for Encinitas property acquisition and facilitate coordination with the City of Encinitas for this project. Page Three of Agenda Bill No. 9033 A funds transer in the amount of $293,000 is requested from the unappropriated reserve of the General Capital Construction Fund to the Traffic Impact Fee Fund for this project. Additionally, it is requested that the Council concurrently appropriate this amount to the project account No. 133-820-1840-3215 and authorize the deposit of acquisition funds with the Court. Phase I of the La Costa Avenue Corridor projects, including the accompanying mitigation project, are funded entirely from the City's Traffic Impact Fee Fund and, therefore, exempt from Proposition H limitations. EXHIBITS : 1. 2. 3. 4. Property owner list and parcel descriptions. authorizing and directing the property interests within the Resolution No. condemnation of City of Carlsbad, appropriating funds for property acquisition, and authorizing deposit of funds with the Court. Right-of-way easement documents including legal descriptions and plats designated as "Exhibit A" in Resolution on file in the Office of the City Clerk. Property valuation reports prepared by the Lee C. Johnson Company on file in the Municipal Projects Department. 3 0 0 0 0 Awl 0 0 0 0 a W =I azal WQ zo 3rd op. >o I-4 -I+ wv) no am aw on m I- u W r) oz EO OE u a 1 mu wwz a3u OAU edz p.>W M OI N 0 u) Ln u) m f- co tn 0 In a 0 0 7 m In u) u) I- m N h h h h * * e+ e+' 0 M c h m N ts) c 0 b co M b ti) h I-w N N U b m I- co m m . . PEI em : y; hl 0 0 M 7- F m hl M Nhl M 0 N ~ .. I II I I I 0 ON 0 0 0 r r M c t I L ? 4 F e 7 € S 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 9102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, DECLARING THE PUEL IC NECESSITY, APPROPRIATING FUNDS AND AUTHORIZING DEPOSIT OF ACQUISITION FUNDS WITH THE COURT WHEREAS, the City of Carlsbad, California, proposes to improve La Costa Avenue between Interstate 5 and El Camino Real, hereinafter referred to as "the project"; and WHEREAS, the project requires the acquisition of certain real property interests, including but not limited to, road easements, slope easements, drainage easements, landscaping easements, and grading easements; and WHEREAS, the City of Carlsbad, California, may exercise the right of eminent domain for the acquisition of real property or interests therein for streets, drainage facilities, and other purposes pursuant to the California Streets and Highways Code, Section 4090, and the Government Code, Sections 37350, 37350.5, and 37353; and WHEREAS, the plans for the project within the City of Carlsbad are on file in the Office of the City Clerk and the Municipal Projects Department of the City of Carlsbad, C,alifornia; and WHEREAS, on April 15, 1987, the Planning Commission of the City of Carlsbad, California, pursuant to the provisions of the California Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with all elements of the City of Carlsbad General Plan; and 5' 3 2 1 4 f 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on September 23, 1986, pursuant to the California Public Resources Code, Section 21000 and following, the City Council of the City of Carlsbad, California, certified a mitigated negative declaration for the project; and WHEREAS, the real property or interests therein sought to be acquired are located within the territorial limits of the City of Carlsbad, California, and are necessary for the proposed project; and WHEREAS, the City of Carlsbad, California, 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, California, 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, California, has provided said owners of said real property or interests therein a written statement and summary of the basis for the amount established as just compensation for the real property or interests therein sought to be acquired; and 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 the California Code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 of Civil Procedure, Section 1245.235, the owners of the real property or 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; and WHEREAS, additional funds are required to be appropriated by the City Council of the City of Carlsbad, California, and deposited with the Court in the amount of the aforementioned value of the real property or interests therein sought to be I acquired ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, which finds, determines, and hereby declares that: 1. The above recitations are true and correct. 2. The public interest and necessity require the proposed project. 3. 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. 4. The real property or interests therein, hereinafter described in this Resolution, are necessary for the proposed project. 5. The proposed project is a matter of public necessity. 6. The use of all and each and every part of said hereinafter described real property or interests therein for the use and purposes of the proposed project is a public use 7 2 3 4 5 6 and a use authorized by law. 7. The public interest and necessity require that the property or interests therein, hereinafter described in this resolution, be taken. 8. The law firm of Asaro and Keagy, hereinafter referred to as "Special Counsel" be, and is, authorized, impowered, and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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 related to eminent domain, the hereinafter described interests in real property. 9. Special Counsel is authorized and directed 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. 10. Special Counsel is authorized and directed 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 I 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 immediate possession of and to use said real property and part thereof, or interests therein, sought to be condemned for the proposed project. 11. Special Counsel is authorized and directed to make I/ 1 2 z 4 5 6 7 E 9 1c 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 deposit for such security for such right-of-way out of proper funds under the control of the City of Carlsbad in the amount determined by the court in the manner directed by the court. 12. Special Counsel is authorized and directed to incur on behalf of the City of Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. 13. 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 llA''. 14. The City Council of the City of Carlsbad, California, hereby authorizes and approves an appropriation in the amount of $293,000 from the unappropriated reserve of the General Capital Construction Fund and transfer said funds to the City's Traffic Impact Fee Fund, Southern Section. 15. The City Council of the City of Carlsbad, California, hereby authorizes and approves an appropriation of said $293,000 to the project account No. 133-820-1840-3215. 16. The City Council of the City of Carlsbad, California, hereby authorizes and approves deposit(s) with the court funds /.// /// /// /// /// /// / // 3 1 2 3 8 9 11 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the acquisition of real property or interests therein consistent with the intent of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of _~une , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: &.&& ALETHA L. RAUTENKRANZ, CityJlerk (SEAL) P CITY CLERK CITY OF CARlSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 / I EASEMENT FOR GRADING, LANDSCAPING AND IRRlGkTlON Assessor's Parcel NO. 216-110-05 Project LA COSTA AVENUE MITIGATION W.O. No. 36022 A. K. OLIVER, a limited partnership hereinafter called GRANTOR, do(es1 hereby grznt, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: That portion of Lot 7 of Section 34, Township 12 South, Range 1; West, San Bernadino Base and h4eridian. in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: Commencing at the Southwest corner of Lot 15 of said Section 34; thence Easterly along the Southerly line of said Lot 15, South 86O50'50'' East, 358.09 feet; thence North 83O43'13" East, 89.96 feet to the TRUE POINT OF BEGINNING; thence continuing North 83O43'13'' East, 45.76 feet; thence South 69°00'00'' East. 20.04 feet; thence North 88O49'07" West, 35.87 feet; thence North 87006'01" West, 28.36 feet to the TRUE POINT OF BEGINNING. TOGETHER with the right of access to ingress and egress over, under, and across said ' Grantor's land to install (including his successors and assigns), construct, maintain, repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. All as shown for convenience sake on Exhibit "A1I attached hereto and made a part hcteto by this reference. Dated this day of - .. +. STATE OF County of On , 19 , before me, the undersigned, a Notary Pub1 in and for said County and State, persoxy appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s1 whose name(s1 islare subscribed to the within instrument and acknowledge to me that helshelthey executed the same. Witpess my hand and official seal. Rotary Public in and for said County and State This is to certify that the interest In real property conveyed by the foregoing Grant Dee to the City of Carlsbad, a municipal corporation Is hereby accepted by the City Council ( said City of Carlsbad, California pursuant to Rcsolutlon NO. adopted c , and the Grantee consents to recordation thereof by its duly authorlzc officer. tlrA L. RA(R- Datcd BY ‘)PROPOSED GRADING AREA : 225‘S.F. EASEMENT -1 .P.N. 216-110-05 EXHIBIT ‘A’ c I \' -E 7 I.; C;T'i ;F C,A&LSSx'\D 1203 EL!,\ AVENUE CAXLSDAD, CA 92C08 K3 TRktiSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE C EASEMENT FOR FUBLlC HlGHWAY Assessor's Parcel Project LA COSTA AVENUE No. 216-110-33634 b'.O. No. 3208 ESPOS !TO PROPERT I ES hereinacer czlled GRAKTOR(S1, do(es1 hereby grant, convey and dedicate to the CITY 3F CA8LSBAC. State of California, hereinafter called GRANTEE, an easement for pubiic highwa: and public utility purposes and incidents thereto, upon, over and across tha: certain rea property i\i;hin :he CITY OF CARLSGAD, State of California, described as follows: PARCEL I: That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Section 3$, Township 12 South, Range 4 West, San Bernardino ease and Meridian, in the Cou;l:y of Sar Eieso. State of Californiz, according to the United States Covernnent Survey thereof, lying :V i : hi n : he fo I I o~ i ng des c r i bed proper t y : Cornmencing at the Northwesterly corner of said Lot 6; thence South 0OC57'12'' East along ?he :SC.4i feet to the beginning of a tangent 1,440 foot radius curve ccncave Southerly; thence Easterly along said curve through a central angle of 18c11'59'' a distance of 457.41 feet; :hence South S8O49'07" East 404.k5 feet; thence South 89c57'52" East 300.06 feet; thence South 88O49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South OOc37'38" East along the Easterly line 108.73 feet; thence North 89c33158'1 Kest, 5.22 feet to a point on ;he arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a radial line to said point bears South 89O33'58'' East: thence Northwes:erly along the arc of said curve through a central angle of 89°15'09't a distance of 31 .15 feet; thence Korth 01°10'53" East, 3.CO feet; thence North 88O49'07" West, 652.67 feet to a point herein designated Point "A"; thence continuing North 88cU9'07'' \'!est, 50.00 feet to a point designoted Point "B"; thence continuing North 88°49107'r West, 4.45 feet to the beginning of a tangent, 1,360.00 foot radius curve, concave Southerly; thence Westerly along the arc of said curve through a central angle of 18°11'59'1 a distance of 432.00 feet: thence tangent to said curve South 72O58'54" West, 177.45 feet to the Westerly line of-said Lot 6; thence North 0Oo57'12'' \Vest 21ong the Westerly line 83.25 feet to the TRUE POINT OF BEGINNING. ;:'es?erly line 3u.70 feet to the TRUE POINT OF BEGINNING; thence North 72'58'54'' E2s: . PARCEL 11: TOGETHER \\ith that portion of said Lot 6 lying 10.00 feet Southerly of and parallel ant conceotric with the following descTibed line: SECI?!h'IK:C at said Point "A": thence North 88O49'07" West, 54.45 feet to the beginning of a :ancent. 1.360 foot radius curve, concave Southerly: thence Clesterly along the arc cf said cur\'e throush a central angle of 18311'59" a distance of 432.00 feet; thence tancent to said curve South ;:G5a15~" \!'est, 120.85 feet to ?he POINT OF TERtdINUS, 2A.RCEL Ill ,ALSO TOGETHER with that portion of said Lot 6 lying within a 40.00 foot wide strip of land lying Southerly of and parallel to and concentric with the following described line: Commencing at said Point "B"; thence South 01°10'53" West, 10.00 feet to the TRUE PClNT OF 6ECIX?iNl:;C I: thence North 88c49'07" \'/est, 4.45 feet to :he beginning of a tangen:, i ,jjG.OO foot radius curve, concave Southerly: thence Kesterly along :he arc of said curce tbrough a central angle of ilO42'52" a distance of 276.02 feet to the POINT OF TEi;,VlNUS I. Said 40.00 foot wide strip of land is required for the placement of the tiebacks for :he cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No. 270-5 on file in the Office of the City Engineer of said City. There shall be no excavation, building, 3r construction of any kind within said 40.00 foot wide strip of land without the approval of the City Engineer of the City of Carlsbad. All as shown for conveniencc sake on Exhibit I'A" a??ached hereto and mace a par? hereto by :his reference. Excepting fro5 Parcels I, II, and Ill described above, that portion South of the Southerly richt-of-wa;~ line of La Costa Avenue as shown on Road Survey t 1796-65, said portion beirz v;i?hin the City limits of the City of Encinitas. - Dated this day of , 19 STATE OF County of .F’S5, On , 19 , before me, thc undersigned, a Notary Pub11 In and for said County and State, persomy appeared personally known to me (or proved to me on the basis of sat1sfac:ory evidence) to be the person(s) whose name(s) is/are subscrlbed to the wlthln Instrument and acknowledsc to ne that helshelthey executed the same. Wltness my hand and offlclal seal. Rotary Public in and for said Lounty iind Slate Thls Is to certify that the Interest in foal property conveyed by the fortgolng easement I( the Clty of Carlsbad, a munlclpal corporatlon Is hereby accepted by thc City COunCll n adopted or sald clty cf Carlsbjd, Callfornla pursuznt to Resolutlon No, , and thc Grantee consents to rccordatlon thereof by its duly authorlzcc officer. -. EXHISIT 'A" C;TY LLEW CITY Cr' C&KS3AD 1200 EUd AVENUE CA,RLSBAD, CA 92008 EASEMENT FOR GRADING, LANDSCEiPlNG AND IRRIGATION Assessor Is Parcel NO. 216-110-33 Project LA COSTA AVENUE MITICATION W.O. No. 36022 ESPOSITO PROPERTIES, a California general partnership hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSGAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents. thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as fo I lows : That portion of Lot 6 of Section 34, Township 12 South, Range L: \:'est, San Sernadino Base and hleridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: PARCEL I (EXHIBIT A) (\:'ETLANDS) Commencing at the Southviest Corner of Lot 14 of said Section 34; thence along the Northerly line of said Lot 6, North 68O39'36" East, 231.e5 feet to :he TRUE POINT OF BEGINNING I; thence continuing along said Northerly line, North 68O39'36" East, 88.15 feet; thence South 86°501501' East, 142.91 feet to a point herein designated Point "A1'; thence South 69O24'46" \Vest, 198.91 feet; thence North 56c00'00" West, 65.00 feet; thence North 58°30'001f East, 17.95 feet to the TRUE POINT OF BEGINNING 1. PARCEL I1 (EXHIBIT B) (RIPARIAN) TOGETHER with that portion of said Lot 6, described as follow,s: Commencing at said Point ltA"; thence South 86°50150" East, 8.53 feet to the TRUE POINT OF BEGINNING II; thence continuing South 86°50'50" East, 224.04 feet; thence South S9°00'O011 East, 28.84 feet; thence North 89°00'00'' West, 215.00 feet: thence North 55°00'OO'' West, 40.84 feet to the TRUE POINT OF BEGINNING 11. iL<O TOGETHER ;.;ith the right of ingress and egress over, und?r, ar?a acrzss CSC Craritcr's land (includins his successors and assigns), and :he richt !o i-sta;:, :c~s:rsc:, rnzir,:ain, re?air, replace, reconstruct, and inspect any ivater supply s'.,s:e-, or cradi-s crc:-ed necessary for :he mitigation requirements of :he California Coastal Commission and ci:y of Car!sbad. All as shown for convenience sake on Exhibit "A" and Exhibit "B" attached here:o ar,d made a part hereto by this reference. Dated thls - day of I 19 STATE OF County of -------TIS’* On # 19 , before me, tho undersigned, a Notary Pul In and for sard Lounty and State, perroxy appeared personally known to me lor proved to me on the Dasls of satlsfactory ovldonce) to be tho pcrron(s1 whois name(s1 Islare subscribed to the wlthln instrument and acknowled! to me thot holrhelthey executed tho same. Wltneor my hand and offlclsl real. hotery Pubilc In and ror raid Lounty bnd ski 0 ThIs Is to certlfy that the Intorort In rod proporty conveyed by the forogotng eeremanl the City of Carlsbd, a munlclpal corporatlon Ir hereby 8CCCptOd by the Clty Councll sald Clty of Carlsbed. Cdlfornle pursuant to Rorolutlon No. adopted , and tho Crrntsa consents to rocordatlon thereof bvuly author1 ofncer. Dated -- .I PROPOSED GRADING EASEMENT 1’1 AREA : 0.201 ACRES ,.P.N. 216-110-33 E >< HI B IT “A’ I / / 3 PROPOSED GRADiNG EASEMENT AREA : 0.091 ACRES A.P.N. 216-110-33 U t CITY CLERK 1260 ELI.4 AVENUE CARLSCAD, CA 92008 CITY C;: CARLSEAD NO TRANSFER TAX DUE Assessor's Parcel NO. 2; 6-1 1 C-22 -SPACE ABOVE FOR RECORDER'S USE OhL EASEMENT FOR maiic HIGHWAY Project LA COSTA AVENUE V!.O. No. 2208 THE AF.',ERICAN LUTHERAN CHURCH, a h'on-Profit Corporation organized under the l2ir.s of the State of h!innesota hereinafter called GRANTOR [SI, do(es) hereby grant, convey and dedicate to the ClTY OF CARLSBAD, State of California, hereinzfter called GRANTEE, an easement for public htgbv:aL, and public utility purposes and incidents thereto, upon, over and across that certain re2' property within the CITY OF CARLSBAD, State of California, described as follows: That portion of Lot 7 of Section 34, Township 12 South, Range 4 V!est, San Bernardino Base and h;eridian, in the County of San Diego, State of California, according to the Official Pl~t therecf, lying within a strip of land 80 feet wide, 40 feet on each side of the foIlou,ir;g described center Ii ne: Conrnencir.5 z! !he Northeasterly corner of said Lot 7; thence South 83O14'07" K'est along the Kortherly line 663.77 feet; thence South 01@10'53" \';est 69.88 feet to the TRliE PCINT CF BEGINNING: thence South S6°49'07" East 1.06 feet to the beginning of a tanger,: 1,r;OO foot radius curve concave Kortherly; thence Easterly along said curve through a central ang!e of 1ZC35'05" a distance of 307.50 feet; thence North 78c35'48'' East 361 .39 feet to :he Easter'), line of said Lot 7, said point being the POINT OF TERMINUS. The sidelines of said 80 foct wide strip of land shall be lengthened andlor shortened so ;s to terminate \i'esterly in the Vlesterly line of the Easterly half of said Lot 7 AND Easterly in the Easterly line of said Lot 7. TOGETHER with the privilege and right to extend drainage structures and excavation and embankment slopes 35 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto by this reference. Fxceptirg therefrcm that portion South of the Southerly right-cf-way lirae crf LJ Cost? Avenue as shown on Road Survey # 1796-65, said portion being within the City limits of the City of Encinitas. Dated thls dcy of 19 0 .-t 8 19 , before mo, tho undcrrlgncd, I Notsry P IC and (or said County cr,d Stota, parroxy appeared personally known to me (or proved to me on tho basis of satisfactory ovidancel to br tP.9 person(,) whose narno(3) Illarc subscrlbcd to tho wlthln Instrument and scknorlc~ me that holsholthoy orscuted tho rrmo. Witness my hand and Offkl8l seal. 'Rotary Public In and for rbid Lounty and buts Thla Is to certify that the Interest In reel propurty conveyod by the foregolng eosamer the Clty of Csrlsbed, a munlclp.l corporalton lo heroby accepted by the Clty Counc' sald Clty of Carlrbcd, Callfornla purruent to Relolutlon No, adoptccl , and tho Crsnlao consent) to recordatlon thoroof t2'uIy aulhor officer, Dated BY L. KA-, flCm7 7 PROPOSED R/w TO 6€ ACQURU D CITY OF CARLS0AD. . . ZLO4S.f. AREA CITY 8~ ~VC/N/TAS. . . . .- , /,b-37 if. TOTAL .. . . . . 3,c4/ 3.F EXEIBIT "A' . CITY CLEW CITY OF CARLSBAD 1200 ELM AVEKE CARLS8AD, CA 92008 EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor's Parcel Yo. 216-110-22 Project LA COSTA AV€NUE MITIGATION W.O. Ro. 36022 THE AtL!ERICAN LUTHERAN CHURCH, a non-profit corporation organized under the laws of - the St:;. of Minnesota hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, !andscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as fOliO\\'S : That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Bernadino 3ase and Meridian, in the City of Carlsbad, County OF San Diego, State of California, according to the Official Plat thereof, described as follows: BEGINNING at the Southeast corner of Lot 15 of said Section 34; thence along the Easterly line of said Lot 15, South 0OC27'10" East, 8.55 feet; thence South 78O35'48" West. 369.13 feet to the beginning of a tangent, 1,360 foot radius curve, concave Northerly: thence i'i'esttrly along the arc of said curve through a central angle of OE024'58'' a distance of 199.77 feet: thence non-tangent to said curve, North 67O41'25'' East, 148.68 feet; thence North 83O14'07'' East, 425.21 feet to the POINT OF BEGINNING. TOGETHER with the right of access to ingress and egress over, under, and across said Grantor's land to install (including his successors and assigns), construct, maintain, repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto by this reference. - Dated thls day of . 19 STATE OF Coun:. ~~'ss~ On 19 , before me, tho underslgned, a Notary Pub1 in and tor said C- mty End state, persomy appeared personally known-,3 me (or proved to me on the basis of satlsfactory evldrncej to be the perron(s) whose nama(5) Is/ars rubscrlbed to the wlthln Instrument and acknowledge to ma that he/sht/they executed the rrme. Wltnerr my hend and offlclrl seal. hotary PublIc In and for rs!d Gounty and btsl e This IS to certlfy thet tho Intorort In rosl property conveyed by the foregolng casement ' the city of Carisbad, o munlclpal corporrtlon Ir hereby 8CCCptOd by tho City COUnCll sald Clty of Carlsbcd, Collfornlr pursuant to Re3olutlon No. adopted o , and tho Crrntee conrent, lo rocordatlon thereof hmuly bulhorlrc omcrr. . PROPOSED GRADING EASEMENT AREA : 0.323 ACRES A.P.N. 216-110-22 0 EX:EIBIT 'A' . CITY CLERK CITY OF CARLSBAD 1200 EL!.{ AVENUE CARLSBAD, CA 92008 h'0 TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE Z EASEMU\TT FOR FUBLlC HIGHWAY .A s s e s s 3 r ' s Pa r ce I 20. 2i 6-1 22-26 2 16-i 10-2 1 Project LA COSTA AVEKUE W.O. r:o. 3202 C Zi '.! lil U N I T Y 3 AN. K , a C o r p o ra ti on hereinafter called GRANTOR, do(es1 hereby grant, convey and dedicate to :he CITY OF C.ARLSBAD, State of California, hereinafter called GRANTEE, an easement Cor puoiic 5ighway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as fo I1 ows : Ail as shown for convenience sz on Exhibits "A" and "B" attached hereto and made a pzrt hereto by this reference. - EX H I B I T I, A'' Those portions of Lots 7 and 8 of Section 35. Township 12 South, Range 4 \:'est, Sz- Bernardino Ease and '.\eridian, in the County of San Diego. State of California, accordiqg - ;he Official Plat thereof, lying within the following described property: Commencing at the Northwesterly Corner of Lot 8 of Section 35; thence South 0c31'03i1 \Yes: along the Kesterly line 39.82 feet to the TRUE POINT OF BEGINNING I, said point ais0 being on the arc of a 1,740 foot radius curve, concave Souther'. a radial to said poin: bears North 13°C5'20" East; thence Easterly along said curve tt--.ugh a central angle 0' : 705 1'29" a distance of 542.33 feet; thence tangent to said curve South 59°03'11'1 Eas: 547.21 feet: thence South 6O006'12" East 600.10 feet to the beginning of a non-tangent i,449 foot radius curve concave Northerly, a radial to said point bears Sout? 3~~56'49~' \:'est; thence Easterly along said curve through a central angle of 17"52'24" a distance of $52.02 feet to the Southeasterly line of Lot 16 of said Section 35; thence leaving said line South 13°04124'' West 102.00 feet to a point on the arc of a non-tangent, 1,551 foot radius curve, concave Northerly, a radial line to said point bears South 13O04'24" West: thence \';esterly along said curve through a central angle of 17°52'24" a distance of 483.84 feet: thence North 58°00'10'! Viest 600.10 feet; thence North 59°C3'11" West 547.21 feet to the beginning of a tangent 1.660 foot radius curve concave Southerly; thence Kesterly along said curve through a central angle of 17°14129" a distance of 499.53 feet: thence North 0°3110311 East 82.06 feet to the TRUE POINT OF BEGINNING I. TOGETHER with the privilege and right to extend drainage structures and excavation and embankment slopes 60 feet beyond :he limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. PARCEL II: That portion of Lot.8 of Section 34, Township 12 South, Range 4 West. San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the following described centerline: Commencing at the Northwesterly corner of said Lot 8; thence South 0°27'07" East C9.29 feet to the TRUE POINT OF BEGINNING II; thence North 78"35'98" East 622.19 feet to the beginning of a tangent 1,700 foot radius curve concave Southerly, thence Easterly along said curve through a central angle of 24O47'35" a distance of 735.62 feet to the POINT OF TERMINUS I I, TOGETHER with the privilege and right to extend drainage structures and excavation and embankment slopes 60 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. PARCEL Ill: ALSO TOGETHER with that portion of said Lot 8 of Section 34 lying 10.00 feet Southerly of and parallel and concentric with the following described line: ~C-.,-.CV-L;:-~G Jt ti t lor:!>.vesterly corner of said Lot e: thence SCU:-, c10~;~';:'' 52s:. :. 'e=:; fhcrce :;or:h 76"35'43" Esst, 194.C7 feet to the TRUE POIKT OF EECI;i',:'.C :hec.ce continuing Nor?h 7e035'48" East, U35.U6 feet to the beginning of a :an;en:, : ,EE; rcG : ~8 curve, coicave Southerly; thence Easterly along the arc of said curve :hroti;r central angle of 07"13'Sl" a distance of 209.49 feet to the POINT OF TERMINUS Ill. Excepting from Parcels I, II, and Ill described above, that portion South of the Southe, right-of-way line of La Costa Avenue as shown on Road Survey t 1796-65, said portion be within the City lini:s of the City of Encinitas. STATE OF County of p1s5. On 4 19 , before me, thc undcrrlgned, e Notary PL In and for said Lounty and State, pergomy appeared personally known to me (or proved to me on the baslr of satlsfectory evldonce) to be the perron(9) whose nsme(5) Is/are rubrcrlbcd to the wlthln Instrument and ackncwled to me that helrhtlthey executed the same. Wltness my hand 6nd offlclal real. hotary Public In and for mid Lounty and bls to Thlr Is to certtfy that the Interest In roe1 property conveyed by the forogolng eciemenl the Clty of Carlsbed, B munlclprl corporatlon 1s hereby accepted by the Clty Councll 5eld Clty of Carlabed, Csllfornla pursuant to Rsrolutlon No, adopted , end tho Crsntee con9entr to recordation thereof hvuly euthorl orncor , Drted BY A L. RA-K II ' 4 . PROPOSU ACQU,!S/TION AREA PARCEL CITY Of CKY Of I fsTR.4-657) CARLSBRO. . €“CfNlT#S. TOTAL. . . P.RC€L 27 CSTREET) Cl T Y OF CA RLS BAD. I'rKEIi RECORCEa, FLEASE MAIL THIS INSTRC".'ENT TO: CITY CLERK CITY OF CARLSBAQ 1200 ELM AVENUE CARLSBAD. CA 92008 .. KO TRAGSFER TAX DUE Assessor's Parcel NO. 21 6-1 10-31 t32 -SPACE ABOVE F0.Q RECORDER'S USE C:ri EASEMENT FOR PUBLIC HIGHV/AY Project LA COSTA A\'EP!L'E W.O. No. 3208 CHARLES J. THERRIEN and EVA CORRINE THERRIEN, Husband and \','ife, as Joint Tenarts hereinafter called CRANTOR(S1, do(es) hereby grant, convey end dedicate :o t'ie CITY 0' CARLSBAD, Stete of California, hereinafter called GRANTEE, an easement for public highwav and public utility purpcses and incidents thereto, upon, over 2nd across that certain rea! property within the CITY OF CARLSBAD, State of California, described as follows: That portion of Lot 5 of the Northwest Quarter of the Southces: Quarter of Secticn 34, Township 12 Scuth, Rar,se C \'#'est, San Bernardino Ease and kkridian, in the County of Sar Diqo, State cf California, according to the United States Government Survey thereof, lyinc \%;thin the follcu:ing described property: Commencing a: the Northeasterly corner of said Lot 5: :hence South COC57'12" Eas: along :he Easterly line 3U.70 fee: to the TRUE POINT OF SECINKIKC; thetcc contir.uing South OCj7'12" East E3.25 feet; thence South 72O58'54" \:'est 163.81 fee: to :he Seqirning of s tangen; 1,360 foot radius curve concave Southerly; thence \:'esterly along said curve ihrouqh a central angle cf 19c02'27" a distance of 451.96 fee:; thence Scuth 53'5i'?7" ::'est 136.22 feet to the beginning of a non-tangent 4,820 foot curve concave h'ortheriy, a rzdial to said point bears Is.'orth 37G07'13" West: thence \:'esterly along said curve through a central angle of 7c25'13" a distance of 624.24 feet; thence South 6lo19'54'' \?est 291 .OO feet; ihence North 28'40'06" Viest 116.00 feet; thence North 6lr19'54" East 491.00 feet to the begirning of a non-tangent 3,175 foot radius curve concave Northerly, a radial to said point bears North 27°01'33'' West; thence Easterly along said curve through a central angle of 7tZ6'01'' a distance of 411 .93 feet; thence h'orth 53O56'27'' East 136.22 feet to the beginning of a tangent 1.490 foot radius curve concave Southerly; thence Easterly along said curve through a central angle of 19c02'27'' a distance of 478.55 feet; thence North 72G58'54'' East 186.85 feet to the TRUE POINT OF BEGINNING. TOGETHER with the privilege and right to extend drainage structures and excavation and embankment slopes 35 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. All as shown for convenience sake on Exhibit "A" attached hereto anc! make a part hereto by this reference. Excepting therefrom that portion South of Southerly right-of-way line of La Costa Avenue its shovin on Road Survey f 7796-65, said portion being within the Ci!y limits of the City of Encini tas. is day of L 19 Dated thls STATE OF County of On # 19 , before me, tho undersigned, b Notary PI, In and for sard County end Stale. prromy spposrcd personally known to me [or proved to me on the brslr of satkfactory evldrncel to bo the person(¶) whose narne(s) lr/are subscribed to the wlthln Instrument and acknowled to me that helrhelthey cxecuted the same, Wltnoos my hand and offlclal ,est. Rotary Publlc in and for raid Lounty and stbt 0 Thlr Is to certlfy thst tho Intwert In rod property conveyed by the forsgolng rorensnc the Clty of Carlsbad, a munlclpal corporstlon Is hereby accepted by tho Clty Councll sald Clty of Carlrbsd, Csllfornla pursuant to Rsrolutlon No. rdoplccl , snd tho Crsntee con,enl, to recordation thorcof hvuly aulhorl offlcer. Vi!iEti Ec;3;?OED, REASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARlSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor I s Pa rce I NO. 216-110-31 Project LA COSTA AVENUE MITIGATION W.O. No. 36022 CHARLES J. THER3IEN and EVA CORRINE THERRIEN, Husband and Wife hereinafter called GRANTOR(S1, do hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of CaIifornia, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents, thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : That portion of Lot 5 of Section 34, Township 12 South, Range 4 West, San Bernadino Base and hleridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows: Commencing at the Southesst corner of Lot 13 of said Section 34; thence Westerly along the Southerly line of said Lot 13, South 68O39'36" West, 288.40 feet to the TRUE POINT OF BEGINNING: thence South 88O22'17" East, 39.46 feet to a point on the arc of a non-tangent, 1,440 foot radius curve, concave Southerly, a radial line to said point bears North 19c09126" West; thence Westerly along the arc of said curve through a central angle of 16°54'07" a distance of 424.79 feet: thence tangent to said curve South 53O56'27" West, 136.22 feet to the beginning of a tangent, 3,175 foot radius curve, concave Northwesterly: thence Southwesterly along the arc of said curve through a central angle of 03°04'051' a distance of 170.01 feet; thence non-tangent to said curve North 50O37'43" East, 306.47 feet; thence North 43°37143't East, 83.90 feet; thence North 68O39'36" East, 315.23 feet to the TRUE POINT OF BEGINNING. TOGETHER with the right of access to ingress and egress over, under, and across said Grantor's land to install [including his successors and assigns), construct, maintain. repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto by this reference. .- On , 19 , before me, the undersigned, I) Notary Pus In ana for rald County and State, prsoxy appeered personally known to me (or proved to mc on the basis of ratlsfectory evidence1 io bo the person(,) whose name($) lrlare subscribed to the within instrument and acknowled! to me that helrhelthey executed the same. Wltnosr my hand and offlclal sea!. Fiotipy Public in and lor ssld County and bbt 0 fhlr I8 to csrtlfy that tho lntertrt In rorl property conveyed by the foregolng cerement the Clty of Carlrbad, a munlclpal corporallon Ir hereby accepted by lhe Clty Council rald Clty of Carlsbad, Cslilornlb pursuent to Rerolutlon No. , and tho Grantee consents to trcordatlon thareof bvuly authorti orncrr. adopted ACRES EXHIBIT 'A'