Loading...
HomeMy WebLinkAbout1989-05-23; City Council; 10043; Public Hearing for the Initiation of Eminent Domain Proceedings for Portions of Poinsettia Laner n 0 9 f .. Z 0 * A 5 z 3 0 0 5 iT w DEPT. I AB# loj 0 q-3 TITLE: MTG 5/23/89 PUBLIC HEARING FOR THE INITIATION OF CITY A CITY M DEPT. RECOMMENDED ACTION: AGtNvLL CI-OF CAHLSISAIJ - ENG OF EMINENT DOMAIN PROCEEDINGS FOR PORTIONS OF POINSETTIA LANE Adopt Resolution No. 89 -/'& ? retaining Special Counsel, approving dep with the Court, and directing the condemnation of necessary rights-of-wa portions of Poinsettia Lane. ITEM EXPLANATION: On December 22, 1987 the City Council approved the Pacific Rim Country Resort (now called Aviara] and the first phase tentative map, CT 85-35. conditions of the tentative map included the construction of Alga Roa Poinsettia Lane extending from Alga Road westerly to its existing tern Poinsettia Lane extends approximately 2000 feet offsite from CT 85-35. To comply with the conditions, the developer, Hillman Properties, is re( to obtain the necessary off-site right-of-way. Should they be unak acquire the right-of-way, the City is required to proceed with condemt or the roadway extension condition becomes invalid. On October 25, 1988, Council approved an agreement with Hillman Propc posting deposits and guaranteeing to pay all costs of the acquisition with two other agreements for acquisition and legal services. Since that time, appraisals have been made of the four parcels affr negotiations have been held with the property owners and offers have been To date, one property owner has accepted the offer, two have refused at has not responded. Grading for Poinsettia Lane must begin shortly to comply with Cc Commission requirements. It is therefore recommended that the City in. condemnation proceedings at this time so as to adhere to the project schr This does not preclude closing escrow with the one owner who has acceptc offer nor does it preclude continuing negotiations with the other ownei In accordance with State law, the City has given proper notice of this hearing to the owners of the subject property. The City is not requi law to consider the request of any person to be heard who did not su written request on or before May 6, 1989, nor the request of any pers an owner of interest in the property being condemned. Adoption ( Resolution of Necessity to Condemn requires to a two-thirds (2/3) vote City Council and conclusively establishes the findings contained therein action includes all rights-of-way required for the offsite portic Poinsettia Lane. FISCAL IMPACT: All costs associated with right-of-way acquisition, appraisal fees, costs, legal fees, and related acquisition expenses shall be paid for developer who will deposit sufficient funds to cover all costs. The Cit not be obligated for any expenses related to the acquisition of rights- necessary for Poinsettia Lane. al Q PAGE TWO OF AB# IO o L/3 c * The total amount of the fair market value offered to the four property 01 is $2,560,823. Upon approval of this eminent domain action by the Council, an application will be made to the Court to deposit said sum a! probable amount of compensation to be awarded in the proceeding. A chec' that amount of money will be deposited with the court by Hillman Propel immediately upon notification to do so. Hillman has previously deposited with the City to pay for consultant costs for acquisition and legal expel Hillman will immediately deposit additional funds if required to cove) additional costs, All these costs would be eligible for inclusion ii Community Facilities District or assessment district that may be approve confirmed. EXHI BITS : 1. Location Map. 2. Resolution No. y9-/42 retaining Special Counsel, approving dep with the Court, and directing the condemnation of necessary right way for portions of Poinsettia Lane. 3. Legal descriptions and plats for all roadway and slope rights-o required) attached as Exhibit "A" to above resol uti on. m w il RIGHT-OF-WAY ACQUISITION ------ PACIFIC RIM PROPERTY LIMITS Legend. -- - - FUTURE ROAD EXISTING ROAD - PROPOSED I h - 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 28 m a RESOLUTION NO. 89-162 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 AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the City of Carlsbad, California, proposes to improve PI Lane from Alga Road westerly to the existing terminus of Poinsettia La City of Carlsbad, hereinafter referred to as "the project"; and WHEREAS, the project requires the acquisition of certain real' interests; and WHEREAS, the City of Carlsbad, California, may exercise the eminent domain for the acquisition of real property interests thc streets, drainage facilities, and other purposes pursuant to the C Streets and Highways Code, Section 4090, and the Government Code, Sectia 37350.5 and 37353 and 66462.5; and WHEREAS, the plans for the project within the City of Carlsbad ar with the City Engineer of the City of Carlsbad, California; and WHEREAS, on May 3, 1989 the Planning Commission of the City of California, pursuant to the provisions of the California Government Code 65402, found that the proposed location, purpose, and extent of the p consistent with the City of Carlsbad General Plan; and WHEREAS, on May 3, 1989, pursuant to the California Public Resour Section 21000 and following, the Planning Commission of the City of California, certified a negative declaration for the project; and WHEREAS, the real property or interests therein sought to be acc located within the territorial limits of the City of Carlsbad, Califa are necessary for the proposed project; and WHEREAS, the City of Carlsbad, California, has established th which it believes to be the just compensation for the hereinafter descr 1 m e property or interests therein sought to be acquired; and 1 2 3 4 5 6 7 WHEREAS, pursuant to Government Code Section 7267.2, the City of C California, has offered to the owners of said real property or interests the full amount established as just compensation for said real pro1 interests therein sought to be acquired; and WHEREAS, the City of Carlsbad, California has provided said owners real property or interest therein a written statement and summary of t for the amount established as just compensation for the real pro1 interests therein sought to be acquired; and a 9 10 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 28 WHEREAS, a reasonable length of time has expired since the dat offer to the owners of the real property or interests therein sougl acquired, and the owners have failed to favorably respond to the offer amounts established by the City of Carlsbad as just compensation; and WHEREAS, pursuant to the provisions of the California Code Procedure, Section 1245.235, the owners of the real property or interest: sought to be acquired whose name and address appear on the current c COUNTY ASSESSMENT ROLL, have been sent a NOTICE OF INTENTION TO CONDEMNATION RESOLUTION, and have been provided with an opportunity to ai be heard on the matters referred to in California Code of Civil Pr Section 1240.030; and WHEREAS, sufficient funds are available to the City of 1 California, to be deposited with the court in the amount of the afore] value of the real property or interests therein sought to be acquired; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1 California, which finds, determined, and hereby declares: 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed 2 - e 3. That the proposed project is planned and located in a man1 will be most compatible with the greatest public good and the leasi i n j ulry . 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 28 4. That the real property or interests therein, hereinafter in this Resolution, is necessary for the proposed project. 5. That the proposed project is a matter of public necessity. 6. That the use of all and each and every part of said he described real property or interests therein for the use and purposc proposed project is a public use and a use authorized by law. 7. That the public interest and necessity requires that the pr interests therein, hereinafter described in this resolution, be taken. 8. That the law firm of Asaro &.Keagy, hereinafter referr "Special Counsel" be and is, authorized, empowered, and directed, in th the City of Carlsbad, to acquire by donation, purchase, or condemn; accordance with the provisions of the Code of Civil Procedure of the California re1 ated to eminent domain, the hereinafter described interest property. 9. That Special Counsel is authorized and directed to prt prosecute in the name of the City of Carlsbad such suit or suits in t court having jurisdiction thereof as necessary to condemn, take, and acc hereinafter described real property, or any part thereof, for the project. 10. That Special Counsel is authorized and directed to application to said court for an order determining the amounts of mo deposited as security for the payment of the just compensation which wil for the taking of the real property or any part thereof, or interes necessary for the proposed project and any damage incident thereto, an 3 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 w 0 application to said court for an order permitting the City of Carlsbac immediate possession of and to use said real property and part the interests therein, sought to be condemned for the proposed project. 11. That Special Counsel is authorized and directed to make del such security for such right-of-way out of proper funds under the contr City of Carlsbad in the amount determined by the court in the manner di the court. 12. That Special Counsel is authorized and directed to incur 1 of the City of Carlsbad all reasonable and necessary expenses in the pr of a suit or suits to condemn said real property. 13. That the real property referred to in this resolution is si the City of Carlsbad, County of San Diego, State of California, and particularly described in the parcel descriptions identified in attache "A" incorporated by reference and made a part hereof. 14. That the City Council of the City of Carlsbad, Californil authorizes and approved deposit with the court, funds for the acquisitic property of interests therein consistent with the intent of this Resol PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl! Council held on the 23rd day of May , 1989 by the following wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None L 4 // [&9-)A .I_ ELAUDE A. LEWIS, Mayor ATTEST: 0 PR 3.4.61/CT 85-35 PORTER TITLE REPORT NO. 117 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3A THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY 0; DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE : OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SEC: THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 16: FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE 339.30 FEET THROI CENTRAL ANGLE OF 11°46'30" TO A POINT ON THE EASTERLY LINE Of LAND CONVEYED TO MARVIN AND MARGARET PENELOPE PORTER BY RECORDED SEPTEMBER 3, 1986 AS DOCUMENT NO. 86-385614, BEING SOUTH 184.47 FEET OF THE EAST 264.14 FEET OF THE NORTH 5 ACRI THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUl OF SAID SECTION, A RADIAL LINE OF SAID CURVE TO SAID POINT I NORTH 28O59'30" WEST: SAID POINT ALSO BEING THE POIN: BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHWES? ALONG SAID CURVE 53.61 FEET THROUGH A CENTRAL ANGLE OF 01O5: TO A POINT ON THE NORTHERLY LINE OF THE SOUTH 15.00 ACRES OE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUAR THENCE SOUTH 89O03'23" EAST ALONG SAID NORTHERLY LINE 46.21 TO SAID EASTERLY LINE OF THE LAND HEREIN DESCRIBED: THENCE h OOO32'47" EAST ALONG SAID EASTERLY LINE 27.50 FEET TO THE F OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 3A CONTAINS 637.33 SQ.FT. OR 0.015 MORE OR LESS. TO BE KNOWN AS POINSETTIA LANE. PARCEL 3B- (EAEEMENT) AN EASEMENT OVER THAT PORTION OF THE WEST HALF OF THE NORTt QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHI SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CI? CARLSBAD, -COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLO BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID WEST HAL SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECT DISTANT NORTH OOO32'47" EAST THEREON 27.50 FEET FROM NORTHEAST CORNER OF THE SOUTH 15.00 ACRES OF SAID WEST HAL SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SAID POINT BEING ON THE CURVE OF THE NORTHERLY LINE OF PARCEL HEREINBEFORE DESCRIBED AS BEING CONCAVE SOUTHEASTERLY, HAVI RADIUS OF 1651.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID P BEARS NORTH 28O59'30" WEST; THENCE SOUTHWESTERLY ALONG SAID C 53.61 FEET THROUGH A CENTRAL ANGLE OF 01O51'37" TO A POINT ON 1 m PARcEL-3B- (CONT t D 1 - NORTHERLY LINE OF SAID SOUTH 15.00 ACRES THENCE NORTH 89OO WEST ALONG SAID NORTHERLY LINE 149.94 FEET; THENCE I 45056'37" EAST 86.00 FEET: THENCE NORTH 49O46'00" EAST I FEET; THENCE NORTH 54O20'25" EAST 85.56 FEET TO SAID EAS' LINE; THENCE SOUTH 00°32'47" WEST ALONG SAID EASTERLY LINE 11 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 3B CONTAINS 17025.34 SQ.FT, OR 0.391 MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES 2/24 /8 4 , R.C.E. 14594 IRES: 3-31-93 - TffE BASIS DF MARINGS FOR rHIS DRAW~IVC / PORT-IOU OF WE WESTKRLY LiMc OF RLCORO c SURV€Y NO /0774> /e MOO034'/8''€ MAP NO'S /58/5, //5/0, R OS NOID77 to E L ep4'p R€fERfh/C€ OKAW/UGS ,,I' - ClVlL EXHIBIT II B" PARCEL 3A83B TO ACCOMPANY LEGAL DESCRl PTDN PLAT ZEqISTRATION EXPIRES 3-31- Crosby M6ad Benton a fit hlmen*Ingk....** Ub0L.mooCartWta~T4 cU(*.q-B100. Pf 9 1 I i I I 1 I I i I : I I I / I 0 No 14594 /I C/V\L I +++OF ,,,,tQ**y -2 I S EC. 20 --. BO~"/JR v L/n/€ OF P ORXR PROPLRTY PER O€€D RECQR~ED , 9-3-86 AS DOC Mil 86-3856/4 Z&'€A%M€NT TO GtWMAM M KRffUS G ED/7M A KRRUS R€C f/-4.74 AS F/L€ Nd 74-292549 FOR RbAD G- PUBLIC UT/L/TY PURfDS€S / / I lJL / / I / / / 9 A4€A TABULAT/OJ --I / 0 0GAc PROPOSED RIGHT-OF-WAY PCL 38(ESMT) 0.39IAc. " / 0 TO BE ACQUIRED TOTQL U. 40s Ac. C ) 1NDiCATfS R€COKD DRTA PCi 3A p / / / EXHIBIT "B" REGISTRATION EXPIRES 3-31 Crosby Mead Benton a As -*I*hm-.m PARCELS 3A& 36 w~~.c~#corc.u~ im wb.4-*aam PJ: si. PLAT TO ACCOMPANY LEGAL DESCRIPTION m 0 PR 3.4.59/CT 85-35 MEND I V I L TITLE REPORT NO. 117; EXHIBIT ''A'' LEGAL DESCRIPTION PARCEL 1A THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, FERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION: THENCE 5 OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SECT TYENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING TANGENT CURVE CONCAVE SOIJTHEASTERLY, HAVING A RADIUS OF 165 FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE 642.04 FEET THROL CENTRAL ANGLE OF 22'16 ' 52" : THENCE SOUTH 50°30' 08" WEST TAh TO SAID CURVE 513.66 FEET TO THE NORTHERLY LINE OF THE CONVEYED TO CARMEL VERODI, CONSUELO DUNCAN AND MARIA GRIJ MENDIVIL, TRUSTEES UNDER THE DECLARATION OF TRUST OF M GRIJALVA MENDIVIL DATED MAY 22, 1984, RECORDED JULY 11, 198 DOCUMENT NO. 84-260977, BEING THE SOUTH 7.50 ACRES OF THE S 15 ACRES OF THE WEST HALF OF THE NORTHEAST QUARTER OF NORTHEAST QUARTER OF SAID SECTION AND THE POINT OF BEGINNIN THIS DESCRIPTION: THENCE NORTH 89O03'23" WEST ALONG NORTHERLY LINE 39.12 FEET TO A POINT IN THE EASTERLY BOUN LINE OF LAS PLAYAS UNIT N0.7 MAP NO. 11510; THENCE ALONG EASTERLY LINE SOUTH 00°31'16" WEST (RECORD SOUTH 00°31'08" W 33.13 FEET TO A POINT OF INTERSECTION WITH THE EAST PROLONGATION OF THE NORTHERLY LINE OF POINSETTIA LANE DEDICATED ON SAID MAP NO. 11510; THENCE SOUTH 00°31'08" 133.19 FEET (RECORD 133.18 FEET) TO A POINT OF INTERSECTION THE SOUTHERLY LINE OF POINSETTIA LANE AS DEDICATED ON SEA P UNIT NO. 1 MAP NO. 10815; THENCE NORTH 50O30'08" EAST 256.40 TO SAID NORTHERLY LINE FIRST HEREIN DESCRIBED; THENCE N 89O03'23" WEST ALONG SAID NORTHERLY LINE 157.24 FEET TO POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 1A CONTAINS 16329.20 SQ.FT. OR 0.375 MORE OR LESS. TO BE KNOW AS POINSETTIA LANE. m e PARCEL-1B- (EAS E-ME-NTL AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE , 7.50 ACRES OF THE WEST HALF OF THE NORTHEAST QUARTER 01 NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 1 SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY 01 DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1A HEREINBI DESCRIBED; THENCE NORTH 50°30'08" EAST 256.40 FEET TO NORTHEAST CORNER OF SAID PARCEL 1A; THENCE SOUTH 89O03'23" ALONG THE NORTHERLY LINE OF SAID SOUTH 7.50 ACRES 18.21 I THENCE SOUTH 50°11'56" WEST 281.43 FEET TO THE WESTERLY LII SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECT THENCE NORTH 00°31'16" EAST ALONG SAID WESTERLY LINE 17.37 TO THE POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 1B CONTAINS 3377.88 SQ.FT. OR 0.078 MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES 2 h3/sti C.E. 14594 REGISTRATION EXPIRES 3-31-93 - EXHIBIT "8" PARCIIS IA 818 TO ACCOMPANY LEGAL DESCRIPTION PLAT ZE~RGE? L. BE~TON, R . c . E. Crosby Mead 66nton c1 As PFi XECTSTRATION EXPIRES 3-31 -.-.&Jlv rmhr*acarc.uN1~a crl*.4c..on*a2oa st- 1 I 1 I* i i -1 I I I i I i I I T12S R4W SBM 1 f I BOLIr\/OARY L/N€ Of M€Mmv/L AREA TABU A rioN I I M€Nil/V/L I I 0.3 PCL.IA ------ PCL. IB (lSMT)--- - 04 TO7AL 04 mopmry PGR Dan Accamm 7-11- 84 AS m do 84-260977 - PROPOSED TO BE ACQUIRED RlGH T- OF - WAY PARCELS IA a I6 Crorby M6od 66nton a Aa rn @ PR 3.4.60/CT 85-35 OWNER: THOMPSON TITLE REPORT NO. 1171; EXHIBIT "A" LEGAL DESCRIPTION PA&CE&- 2Al_ THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH RANGE 4 WEST, S BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE SO OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SECT10 THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651. FEET; THENCE SOUTH-WESTERLY ALONG SAID CURVE 392.91 FEET THRO A CENTRAL ANGLE OF 13O38'07" TO A POINT ON THE NORTHERLY LINE THE LAND CONVEYED TO DAVID B. AND KAREN R. THOMPSON BY DEED RECORDED AUGUST 8, 1984 AS DOCUMENT NO. 84-302057, BEING THE NORTH 7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, DISTANT NORTH 89O03'23" WEST THEREON 46.21 FEET FROM THE NORTHEAST CORNER OF SAID NORTH 7.50 ACRES, SAID POINT BEING TI POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE 249.13 FEET THROUGH A CENTRAL ANGLE OF 08O38'45"; THENCE SOUTH 50°30'08" WEST TANGENT TO SA1 CURVE 513.66 FEET TO THE SOUTHERLY LINE OF SAID NORTH 7.50 ACE THENCE SOUTH 89O03'23" EAST ALONG SAID SOUTHERLY LINE 157.24 FEET; THENCE NORTH 50°30'08" EAST 393.99 FEET TO THE BEGINNINC A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1549. FEET, BEING CONCENTRIC WITH THE CURVE HEREINBEFORE MENTIONED P HAVING A RADIUS OF 1651.00 FEET; THENCE NORTHEASTERLY ALONG SP CURVE 225.60 FEET THROUGH A CENTRAL ANGLE OF 08O20'41" TO A PO ON THE EASTERLY LINE OF THE WEST HALF OF SAID NORTHEAST QUARTE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE NORTH OOO32'4 EAST ALONG SAID EASTERLY LINE 91.00 FEET TO SAID NORTHEAST COR OF SAID NORTH 7.50 ACRES; THENCE NORTH 89O03'23" WEST 46.21 FE ALONG SAID_ NORTHERLY LINE TO THE POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 2A1 CONTAINS 72605.14 SQ.FT. OR 1.667 A MORE OR LESS. TO BE KNOWN AS POINSETTIA LANE. PAR-CEL 2A2 THAT PORTION OF THE NORTH 7.50 ACRES OF THE SOUTH 15.00 ACRES THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUART OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARD: MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE( CALIFORNIA DESCRIBED AS FOLLOWS: - m a EXHIBIT "A" LEGAL DESCRIPTION PARACELW2A2-(CONT'D) BEGINNING AT A POINT ON THE EASTERLY LINE OF THE WEST HAL SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECT DISTANT SOUTH OOO32'47" WEST THEREON 91.00 FEET FROM NORTHEAST CORNER OF SAID NORTH 7.50 ACRES: THENCE CONTIN SOUTH OOO32'47" WEST ON SAID EASTERLY LINE 388.92 FEET TO SOUTHERLY LINE OF SAID NORTH 7.50 ACRES: THENCE NORTH 89O03 WEST ALONG SAID SOUTHERLY LINE 30.00 FEET: THENCE NORTH OOO32 EAST 72.59 FEET TO THE BEGINNING OF A TANGENT CURVE CON( WESTERLY, HAVING A RADIUS OF 270.00 FEET: THENCE NORTHERLY AI SAID CURVE 171.92 FEET THROUGH A CENTRAL ANGLE OF 36O29'( THENCE NORTH 35O56'14" WEST TANGENT TO SAID CURVE 55.20 FEE': THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVII RADIUS OF 25.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE 4( FEET THROUGH A CENTRAL ANGLE OF 92O04'03" TO A POINT OF CUSP 1 THAT CERTAIN CURVE OF THE SOUTHERLY LINE OF PARCEL HEREINBEFORE DESCRIBED AS HAVING A RADIUS OF 1549.00 FEE': RADIAL LINE OF SAID CURVES TO SAID POINT OF CUSP BEARS N( 38O00'17" WEST; THENCE NORTHEASTERLY ALONG SAID 1549.00 f RADIUS CURVE 185.24 FEET THROUGH A CENTRAL ANGLE OF 06°51'06" THE POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 2A2 CONTAINS 22958.59 SQ. FT. OR 0. ACS. MORE OR LESS. TO BE KNOWN AS ROSE DRIVE. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES ______ e EXHIBIT "A" LEGAL DESCRIPTION m PARCEL 2B (EAZEMENT) AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE I 7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OI NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, I1 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBf FOLLOWS : BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTH 7.50 A DISTANT NORTH 89O03'23" WEST THEREON 46.21 FEET FROM NORTHEAST CORNER OF SAID NORTH 7.50 ACRES, SAID POINT BEING NON-TANGENT CURVE OF THE NORTHERLY LINE OF PARCEL HEREINBEFORE DESCRIBED AS BEING CONCAVE SOUTHEASTERLY HAVl RADIUS OF 1651.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID E: BEARS NORTH 30O51'07" WEST: THENCE SOUTHWESTERLY ALONG SAID C 249.13 FEET THROUGH A CENTRAL ANGLE OF 08O38'45": THENCE S 50°30'08" WEST TANGENT TO SAID CURVE 513.66 FEET TO THE SOUTH LINE OF SAID NORTH 7.50 ACRES; THENCE NORTH 89O03'23" WEST A SAID SOUTHERLY LINE 16.37 FEET; THENCE NORTHEASTERLY ALONG FOLLOWING COURSES: NORTH 48O05'23" EAST 162.60 FEET; N 95'31'24" EAST 129.93 FEET; NORTH 44O52'58" EAST 38.24 FJ NORTH 43O40'45" EAST 198.78 FEET AND NORTH 40O55'52" EAST 131 FEET TO SAID NORTH LINE OF SAID NORTH 7.50 ACRES; THENCE Sc 89O03'23" EAST ALONG SAID NORTH LINE 149.94 FEET TO THE POIN' BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 28 CONTAINS 29011.67 SQ.FT. OR 0.666 i MORE OR LESS. PARCEL 2C (EASEMENT) AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE NC 7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN CITY OF CARLSBAD, CALIFORNIA, COUNTY OF SAN DIEGO, CALIFORN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTH 7 ACRES, DISTANT SOUTH 89O03'23" EAST THEREON 196.36 FEET FROM SOUTHWEST CORNER OF SAID NORTH 7.50 ACRES, SAID POINT ALSO BE THE SOUTHEASTERLY CORNER OF PARCEL 2A1 HEREINBEFORE DESCRIB THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PAR 2A1 AS FOLLOWS: NORTH 50°30'08" EAST 393.99 FEET NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RAD OF 1549.00 FEET, A DISTANCE OF 40.36 FEET THROUGH A CENTRAL AN CURVE OF THE WESTERLY LINE OF PARCEL 2A2 HEREINBEFORE DESCRIl AS BEING CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET RADIAL LINE OF SAID CURVES TO SAID POINT OF COMPOUND CURVAT1 BEARS NORTH 38O00'17" WEST: THENCE SOUTHEASTERLY ALONG SAID CU; 40.17 FEET THROUGH A CENTRAL ANGLE OF 92O04'03"; THENCE SO1 35O56'14" EAST ALONG SAID WESTERLY LINE 55.20 FEET: THE1 OF 01O29'35" TO A POINT OF COMPOUND CURVATURE WITH THAT CERT, m e EXHIBIT "A" LEGAL DESCRIPTION SOUTHWESTERLY ALONG THE FOLLOWING COURSES: SOUTH 68O40'16" W 66.16 FEET: SOUTH 57O57'53" WEST 123.15 FEET: SOUTH 60°50' WEST 112.42 FEET; SOUTH 58O11'54" WEST 77.18 FEET AND SC 53O09'25" WEST 69.39 FEET TO SAID SOUTHERLY LINE OF SAID NC 7.50 ACRES: THENCE NORTH 89O03'23" WEST ALONG SAID SOUTHERLY L 18.21 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 2C CONTAINS 17563.14 SQ.FT. OR 0.403 A MORE OR LESS. PARCEL 2, (EASEMENT) AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE NOb 7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OF 'I NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN 'I CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED FOLLOWS : BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTH 7. ACRES, DISTANT NORTH 89OO3'23'' WEST 30.00 FEET FROM THE SOUTHEA CORNER OF SAID NORTH 7.50 ACRES, SAID POINT ALSO BEING T SOUTHWEST CORNER OF PARCEL 2A2 HEREINBEFORE DESCRIBED; THW ALONG THE WESTERLY LINE OF SAID PARCEL 2A2, NORTH 00°32'47" EA 72.59 FEET AND NORTHERLY ALONG A TANGENT CURVE CONCAVE WESTERL HAVING A RADIUS OF 270.00 FEET A DISTANCE OF 171.92 FEET, THROU A CENTRAL ANGLE OF 36°29'01"; THENCE LEAVING SAID WESTERLY LI' ALONG THE FOLLOWING COURSES: SOUTH 68O40'16" WEST 66.16 FEE' SOUTH 76O30'22" EAST 17.13 FEET: SOUTH 41°22'45" EAST 68.31 FEE'. SOUTH 21O20'16" EAST 52.74 FEET AND SOUTH 11O28'13" EAST 107.: FEET TO SAID SOUTHERLY LINE OF SAID NORTH 7.50 ACRES: THENC SOUTH 89O03'23" EAST ALONG SAID SOUTHERLY LINE 10.00 FEET TO TI POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 2D CONTAINS 7838.75 SQ.FT. OR 0.180 ACS MORE OR LESS. PREPARED BY: < CROSBY MEAD-BENTON & ASSOCIATES REGISTRATION EXPIRES: 3-31-89 rnM CA-5 > UH~IJ ur DCA TC/L AAS/S OF iNG9 FOR TMfS DRAW/N5 PORmN Of TUE WESTRLY LINE OF RlfCORD 1 SURVEY NO 10774 1 12 rl/OOo 34'fB''K R€ f €R €Ne€ DRA W/NG S 1 1 ! I I i 1 I I BOUA/DARY L/M! OF I T.ohfpsdA/ PROPER W PER I DOC NL) 84-352057 D€€D R€CORD€D 8 - 8 - 84 AS I ~ I 0 ~~o~f~~Q~~~-w-wAy @ /NO/c#rf S PO~TIOM OF POfNS€TTIR nmam PER MAP NO 1/3-10 @ /NDICAT€3 PORTlON OF P01AfS€7Th DEffICAED PEA NAP NO. /d8/.5 REGISTRATION EXPIRES 3- Crosby Mead 86nton a fi1 EXHIBIT I' B I' mmm.~** 60WLaMCMU*l7q Cry.4-8- PARCELS 2AI, A2, B, c 8 D PLAT TO ACCOMPANY LEGAL DESCRIPTION fl S ! I I -1 1 -5 1 1 ! .I I I I I I I I j I m N 3956 74"w 55 20 ' a M68°&8/60€ 46 16' 0=92*04'03* R--25' rn Q ~l=/"23'35" <=/545 @ A= 6OS/'O6" f?=/549' A R€A TA6UL Af/diV PCL 2a2 0.52 740 PCL 2AI L6L7 AC PARC€L 2'0 J 3 I @F ESSl +LQ GE L 8 c1 TO BE ACQUIRED F p $ @ ZO'KASLMLUT TO c /Y wn P~R O.R /81576 R€CORO€D 10 - 19 - 6 1 FLlA PlPEUffES C fNC/D€VTAL PURPOSES. PROPOSED RIGHT-OF-WAY No 145! yb i \ '%A<. , c ,' I L EXHIBIT " B" REGISTRATION EXPIRES 3-3 PARCELS 2AI t 2A2,28,2C 8 2 D Crorby Mecrd Benton 4Sk as Plc --lhdnmmn*- PLAT WIIL.CllaCMW.r70, --*too. TO ACCOMPANY LEGAL DESCRIPTION yc m 0 PR 3.4.62/CT85-35 TAB ATA TITLE REPORT NO. 11 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 4A1 THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY 0 DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, SAID ALSO BEING THE NORTHEAST CORNER OF THE LAND CONVEYED TO NI AND EVELYN TABATA, AS HUSBAND AND WIFE AND ISOKAZU TABA' SINGLE MAN, PER DEED RECORDED NOVEMBER 28, 1983 AS FILE/PAG 83-428154,BEING THE SOUTHEAST QUARTER OF THE NORTHEAST QUART THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORT QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE : OOO34'18" WEST ALONG THE EASTERLY LINE OF SAID SECTION 1: 72°47'00" WEST 389.27 FEET TO THE BEGINNING OF A TANGENT ( CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET: TI WESTERLY ALONG SAID CURVE 339.30 FEET THROUGH A CENTRAL ANGl 11O46'30" TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OI NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SEC? THENCE SOUTH OOO32'47" WEST ALONG SAID WESTERLY LINE 118.50 TO A POINT ON A CURVE CONCENTRIC WITH AND 102.00 SOUTHEASTERLY OF THE CURVE HEREINBEFORE DESCRIBED AS HAVl RADIUS OF 1651.00 FEET, A RADIAL OF SAID CURVE TO SAID E BEARS NORTH 31°09'11" WEST; THENCE EASTERLY ALONG SAID C 376.77 FEET THROUGH A CENTRAL ANGLE OF 13O56'11"; THENCE TAh TO SAID CURVE NORTH 72O47'00" EAST 113.07 FEET TO THE BEGIh OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 26 FEET: THENCE EASTERLY ALONG SAID CURVE 39.93 FEET THROU 81O18'51" EAST 40.89 FEET TO THE BEGINNING OF A TANGENT C CONCAVE NORTHERLY HAVING A RADIUS OF 268.16 FEET: THENCE EAST ALONG SAID CURVE 39.93 FEET THROUGH A CENTRAL ANGLE OF 08O31' THENCE TANGENT TO SAID CURVE NORTH 72°47'00" EAST 119.63 FEE SAID EASTERLY LINE OF SAID SECTION: THENCE ALONG SAID EAST LINE NORTH OOO34'18" EAST 119.72 FEET TO THE POINT OF BEGIN OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 4A1 CONTAINS 76727.54 SQ.FT. OR 1.761 MORE OR LESS. TO BE KNOWN AS POINSETTIA LANE. PARCEL 4A2 THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, BERNARDINO MERBDIAN, IN THE CITY OF CARLSBAD, COUNTY OF DIEGO, CALIFORNIAS, DESCRIBED AS FOLLOWS: FEET lro THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE : CENTRAL ANGLE OF 08031~511~: THENCE TANGENT TO SAID CURVE rl m 0 COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 4A1 HEREINE DESCRIBED; THENCE SOUTH 00°32'47" WEST ALONG THE WESTERLY Ll THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST Qt OF SAID SECTION, 178.64 FEET TO THE POINT OF BEGINNING OE DESCRIPTION: THENCE CONTINUING SOUTH OOO32'47" WEST ALONG WESTERLY LINE 210.28 FEET TO THE INTERSECTION OF THE EAS PROLONGATION OF THE NORTHERLY LINE OF THE SOUTH 7.50 ACRES 0 WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION: THENCE 89O03'23" EAST 30.00 FEET ALONG SAID EASTERLY PROLONGATION POINT ON THE LINE PARALLEL WITH AflD 30.00 FEET EASTER MEASURED AT RIGHT ANGLES TO SAID WESTERLY LINE: THENCE NORTH 00032'47" EAST 73.01 FEET ALONG SAID PARALLEL LINE TI BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAV RADIUS OF 330.00 FEET: THENCE NORTHERLY ALONG SAID CURVE 1 FEET THROUGH A CENTRAL ANGLE OF 24O37'12" TO SAID POI1 BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 4A2 CONTAINS 4962.65 SQ.FT. OR 0.114 MORE OR LESS. TO BE KNOWN AS ROSE DRIVE. PARCEL 4B { EASEMENT 1 AN EASEMENT OVER, ACROSS AND THROUGH THOSE PORTIONS OF SECl 21 AND 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNAR MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DX CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 21, DIS NORTH 00°34'17" EAST THEREON 8.64 FEET FROM THE SOUTHEAST CC OF SABD SECTION 21; THENCE SOUTH OOO34'17'' WEST 8.64 FEET TO SOUTHEAST CORNER, BEING ALSO THE NORTHEAST CORNER OF SAID SEC 28; THENCE SOUTH 00°34'18" WEST ALONG THE EAST LINE OF SECTION 28 A DISTANCE OF 111.22 FEET TO TKE NORTHEAST CORNE PARCEL 4A1 HEREINBEFORE DESCRIBED; THENCE SOUTH 72O47'00" 389.27 FEET TO THE BEGINNING OF A TANGENT CURVE CON SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET; THENCE WEST ALONG SAID CURVE 339.30 FEET THROUGH A CENTRAL ANGLE OF 11O46 QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION: THENCE Nc 00032'47" EAST ALONG SAID WESTERLY LINE 141.61 FEET; THENCE Nc 54020'25" EAST 19.44 FEET: THENCE NORTH 69O36'36" EAST 12 FEET: THENCE NORTH 71O48'39" EAST 73.68 FEET: THENCE Nc 74O53'56"- EAST 65.25 FEET: THENCE NORTH 78O41'24" EAST 10' FEET; THENCE NORTH 88°01'30'1 EAST 87.05 FEET: THENCE Sc FEET; THENCE SOUTH 40°17'18" EAST 37.00 FEET: THENCE N( 22O55'33 EAST 24.65 FEET: THENCE NORTH 04O06'29" EAST 24.19 FI THENCE NORTH 13O25'04" EAST 45.09 FEET: THENCE NORTH 37O41 EAST 29.04 FEET; THENCE NORTH 49O00'22" EAST 13.06 FEET; THI SOUTH 75Oi7'27" EAST 10.95 FEET TO THE POINT OF BEGINNING OF ? DESCRIPTION. ABOVE DESCRIBED PARCEL 4B CONTAINS 69714.26 SQ.FT. OR 1.600 P MORE OR LESS. TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE NORTH) 81°46'08" EAST 56.63 FEET; THENCE NORTH 74O04'21" EAST 8c m 0 PARCEL 4C (EASEME-NT) AN EASEMENT OVER, ACROSS AND THROUGH PORTIONS OF SECT1 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRI FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 4A1 HEREIN DESCRIBED; THENCE SOUTH 72°47'00" WEST 91.67 FEET TO THE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY ALO. FOLLOWING COURSES: SOUTH 17°13'00" EAST 27.41 FEET; 26O09'13" WEST 35.48 FEET: SOUTH 81O23'46" WEST 39.36 FEET; 66O50'18" WEST 60.28 FEET; SOUTH 61O17'39" WEST 191.54 SOUTH 59O28'32" WEST 246.11 FEET AND SOUTH 77O34'15" WEST : FEET TO THE WESTERLY LINE OF THE EAST HALF OF THE NOR': QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE SAID WESTERLY LINE NORTH 00°32'47" EAST 110.19 FEET TO A PO: THE CURVE OF THE SOUTHERLY LINE OF SAID PARCEL 4A1 WHICH IS CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1549.00 FEET, A E; OF SAID CURVE TO SAID POINT BEARS NORTH 31°09'11" WEST; 1 EASTERLY ALONG SAID CURVE 376.77 FEET, THROUGH A CENTRAL ANC 13056'11"; THENCE TANGENT TO SAID CURVE NORTH 72O47'00' 113.07 FEET TO THE BEGINNING OF A TANGENT CURVE CC SOUTHERLY, HAVING A RADIUS OF 268.16 FEET; THENCE EASTERLY SAID CURVE 39.93 FEET THROUGH A CENTRAL ANGLE OF 08O33 THENCE TANGENT TO SAID CURVE NORTH 81O18'51" EAST 40.89 FL THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAV RADIUS OF 268.16 FEET: THENCE EASTERLY ALONG SAID CURVE FEET THROUGH A CENTRAL ANGLE OF 08°31'51"; THENCE TANGENT TC CURVE NORTH 72°47'00" EAST 27.96 FEET TO THE POINT OF BEG1 OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 4C CONTAINS 63188.01 SQ.FT. OR 1.451 MORE OR LESS. PARCEL 4D (EASEMENT) AN EASEMENT OVER, ACROSS AND THROUGH PORTIONS OF SECTIC TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, I CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIE FOLLOWS : - BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 4A2 HEREINB DESCRIBED; THENCE ALONG THE WEST LINE OF THE EAST HALF 0 NORTHEAST QUARTER OF THE NORTHEAST QUARTER, NORTH 00°32'47" 68.45 FEET TO THE SOUTHWEST CORNER OF PARCEL 4C HEREINB DESCRIBED; THENCE NORTH 77O34'15" EAST 117.69 FEET ALON SOUTHERLY LINE OF SAID PARCEL 4C; THENCE SOUTHERLY ALON FOLLOWING COURSES: SOUTH 13°00'14" WEST 21.83 FEET: m e 18O28'55" EAST 28.00 FEET: SOUTH lloO1'lO" EAST 42.00 FEET; I 07O49'45" EAST 37.00 FEET: SOUTH 18°03'56" WEST 37.50 FEET; 5 24O33'56" WEST 55.00 FEET AND SOUTH 17O03'56" WEST 98.00 FEE A POINT ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SOUTH 7.50 ACRES OF THE WEST HALF OF THE NORTHEAST QUARTER OF NORTHEAST QUARTER OF SAID SECTION: THENCE NORTH 89O03'23" 31.29 FEET ALONG SAID PROLONGATION TO THE SOUTHEAST CORNE SAID PARCEL 4A2; THENCE NORTH OOO32'47" EAST 73.01 FEET ALONG EASTERLY LINE OF SAID PARCEL 4A2 TO THE BEGINNING OF A TAN CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 330.00 F THENCE NORTHERLY ALONG SAID CURVE 141.80 FEET THROUGH A CEN ANGLE OF 24O37'12" TO THE POINT OF BEGINNING OF THIS DESCRIPT ABOVE DESCRIBED PARCEL 4D CONTAINS 24902.47 SQ.FT. OR 0.572 , MORE OR LESS. PARCE&-.4E_ LEAS EM- AN EASEMENT OVER, ACROSS AND THROUGH PORTIONS OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBE1 FOLLOWS : BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY CORNEF PARCEL 4A1 HEREINBEFORE DESCRIBED WITH THE EASTERLY LINE OF 5 SECTION; THENCE SOUTH 72O47'00" WEST 91.67 FEET: THE SOUTHEASTERLY ALONG THE FOLLOWING COURSES: SOUTH 17O13'00" E 27.41 FEET; SOUTH 46O55'43" EAST 59.84 FEET AND SOUTH 64O42'20 EAST 38.30 FEET TO THE EASTERLY LINE OF SAID SECTION: THE NORTH 80034'18" EAST 110.55 FEET ALONG SAID EASTERLY LINE TO POINT OF BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCE 4E CONTAINS 5967.87 SQ.FT. OR 0.137 A MORE OR LESS. PREPARED BY: CROSBY MEAD BENTQN 6r ASSOCIATES c/Q.'c J $' ! S FOR Tk/S DRAW// L'/ L/dE OF RECORD I I ! 1. i .I PARCEL 44- ~ _-----_ -- - I j ! ; ! +! I APN 214-170-66 RY LINE Of TA6A7-A I I 1 j I i PR@€RTY P€R D€EDS R€Umk 74 - 2 9 2548 i RECOR DU, : 9- Zd DOC. Ai0 3.84 -356 6 73 G 84-36 O.R., R.€CORO€D 7-5-83 )DOC. AIL; 83 ~ 22 7413; R€CORMD //-28-83 i DOC. A/D!5.83-428/54 E 83-4281s. If -Q- 74 1 DOC. N0.S 74 -29254 ! i PORT/DA/ OF PO/NS€TT/A LAM P€R MAP nl0. //5/0. PORT/O,U DF PO/AfG€ TTIR LAAIL ADDITIONAL NOTES -ED RIGHT*-WAY TO BE ACQUIRED PER MAP ND. ID8 f 5. TO ACCOMPANY .A A/22'55'33'% 24 65' @ U 75"17'27'W / a N4O 06 ' 29/'€ 24 /9' rn AjO03c'I7*€ 1 @ N37"4/52"€ 29 84' m /J/?N'Od'W 2 [ARN. 214-140-091 I I .d I I I i I I i I 1 I 4' EASEMENT TO S D G.& E. PER O R. 19072 RECORDED 1-21-6 Q FOR POLE LINES AND INCIDENTAL PURPOSES. @ 7541/154 AND O.R. 7345/452 FOR PIPELINES, UNDERGROUND CC 30' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT 0 R. AND INCIDENTAL PURPOSES. Q EASMENT TO C.R.M.W.D. PER FILE NO. 84-296969 RECORDED 8- PIPELINES AND INCIDENTAL PURPOSES. Q 30' EASEMENT, PARCEL 2 PER O.R. 74-292548 RESERVED FOR R PUBLIC UTILITIES AND INCIDENTAL PURPOSES. GEORGE L BENTON, A C E REGISTRATION EXPIRES 3-31 EXHIBIT I' B I' PARCELS 4A1,4A2,48,4C,4D 84E Crosbv M6crd BsnCon a Asr TO ACCOMPANY PR rmn * tnbm . 0vr.l PLAT rrnhC*Wwm* 170, ~ru.4-eram SHE LEGAL DESCRIPTION c a e D r. \, -. \ ! ..:.: * '*3 ..A . ,\ I \ A x.. .&'1 .., I, -\ ...J . G-i .;\ ^^ \, \ i: )X-. .? -1 ", (X ,x: 1 ,+a \, '+ '1 I.1 F i??) c h .. \ 'k P* ?p.) 7 'I: I? , q ii x;. \u 1% ., c... :) u\ :--, ', j J L: ,..: *+ -+ aJ \' X .$, 7 Tq J %Q -q *.e Q 4 'i.s -\ .i.% ,,, h. -7 l.%:jJ I - L2+F&+&X& 7+ CIC" /7p& I d&:&dd> / &Lddd&-> ./ r- 6 , /2/kk&, dz;2sdh/ ,+&f- ,/ 1' I lad a EL* +* 2G ad" a $2 w UI I k. - * 6 1 - ~ 4 - I ._ I I I I w 7-&-kc\ * m q “Q,L,+ 4.. R - SMITH & PELTZER - A PROFESSIONAL CORPORATION OF COUN VERNONA f TELECOf TELEPHONE (619) 744-712!5 (619) 744- ATTORNEYS AT LAW THOMAS W SMITH 111 WESLEY W PELTZER JEFFREY G SCOTT 751 E. RANCHEROS DRIVE, SUITE 2 SAN MARCOS, CALIFORNIA 92069 April 24, 1989 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Cazlsbad, CA 92098 Re: Extension of Poinsettia Lane; APN 214-170-08 Dear Ms. Rautenkranz: Our office has been retained to represent the Mendivil Trust in the above-referenced proceeding. Request is hereby made that the Mendivil Trust have the right to appear and be heard at the hearing on this matter scheduled €or May 23, 1989, at 6:OO P.m. at the Carlsbad City Council Chambers, 1220 Elm Avenue, Carlsbad, California. Thank you for your kind attention to this letter. Sincerely, March 14, 1989 Hearing (Postponed) WWP:jml cc: Richard R. Freeland, Esq. Bob Baker, Esq. 0 LAW OFFICE OF 4 e CHARLES J. JAMISON PACIFIC EXECUTIVE PLAZA C47Y f%iCE Hj?&-fj pf4 3: & I 777 5 PACIFIC COAST HIGHWAY SOLANA BEACH, CALIFORNIA 92075 (619) 481-9321 t,!fY rJy CARiSB$<D TELECOPlEf (619) 481-82 ASSOCIATES JOLENE D CRIMM DAVID J O’CONNELL FILE NO March 8, 1989 HAND-DELIVERED City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Poinsettia Lane March 13, 1989 Hearing Dear Sir: The undersigned represents Isokazu Tabata and Noboru and Evelyn Tabata, Co-Trustees of the Tabata Family Trust. The Tabatas are the owners of real and personal property which property is subject to condemnation by the City of Carlsbad or is otherwise impacted by the planned extension of Poinsettia Lane. Request is hereby made for the undersigned and Noboru Tabata to be given the opportunity to address the City Council at the hearing scheduled for March 14, 1989 with respect to the issues set forth in the February 21, 1989 letter from Asaro & Keagy, attorneys, to the Tabatas (copy attached). Should there be a problem with granting this request, please do not hesitate to advise the undersigned at your earliest convenience. Thank you for your anticipated courtesy and cooperation in this matter. CJJ:hw cc: Noboru & Evelyn Tabata Isokazu Tabata Don Agatep w 0 k *>-*- J . - ASARO & KEAGY ATTORNEYS AT LAW 2 4?! Rp.- ', - * >> FRANK L ASARO FOURTH FLOOR ROSCOE 0. KEAGY - RICHARD R. FREELAND - 52: 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 STEVEN A. MCKINLEY ARNOLD NEVES. JR. C. URRY DAVIS TELECOPIER (6191 2994268 RANDALL C. STERLING IN REPLY REFER TO February 21, 1989 Mr. Noboru Tabata, Co-Trustee Mrs. Evelyn Tabata, Co-Trustee Tabata Family Trust Mr. lsokazu Tabata P. 0. Box 943 Carlsbad, CA 92008 Re: Extension of Poinsettia Lane APN 21 4-1 70-66 and 21 4-1 40-09 Mrs. Tabata and Gentlemen: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of San Diego provides an impartial agency to hear both sides of a contro- versy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called "condemna- tion" or "the right of eminent domain". It is the recommendation of our firm that condemnation proceedings be instituted to settle our contro- versy. The City Council of the City of Carlsbad will hold a public hearing on March 14, 7989, at 6:OC p.m. or as soon therezfter as the matter may be heard at the Carlsbad City Council Chambers, located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City Council to consider at that time the adoption of a Resolution of Necessi- ty to authorize the condemnation of a portion of your property for the above-descri bed project. 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 hearing. The City 1 w 0 ,e.$ ,-" Tabata Family Trust Page 2 . February 21, 1989 ., 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 pursuant to California Code of Civil Procedure Section 1240.030. If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen 115) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk 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. Your written request should be addressed to the following: City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Poinsettia Lane March 74, 1989 hearing Please feel free to call should you have any questions. Very truly yours, ASARO E KEAGY aQQl7 FN Richard R. Free4and RRF:mad xc Mr. lsokazu Tabata P. 0. Box 1338 Carlsbad, CA 92008 Tabata Brothers, A Partnership 2096 Aeta Vista Vista, CA 92083 Charles J. Jamison City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs D K : MD LTR3 /021589 b m 0 '0 A- SMITH & PELTZER @iHv - A PROFESSIONAL CORPORATION THOMAS W SMITH 111 ATTORNEYS AT LAW WESLEY W PELTZER 751 E. RANCHEROS DRIVE, SUITE 2 JEFFREY G SCOTT SAN MARCOS, CALIFORNIA 92069 TELECOPlEl TELEPHONE (619) 744-7125 March 9, 1989 City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Pointsettia Lane; APN 214-170-08 March 14, 1989 Hearing (Postponed) Dear Sir/Madam: Our office represents the Mendivil Trust. The City of Carlsbad has indicated an intent to condemn approximately .45 acres of property owned by the Mendivil Trust for the widening and improvement of Pointsettia Lane. This office has been informed by Mr. Richard R. Freeland of the law offices of Asaro & Keagy that the hearing date, originally scheduled for March 14, 1989, has been indefinitely postponed. This letter is a request that our office be notified of any new hearing date and that we be provided with notice of any City action involving Pointsettia Lane. Thank you for your cooperation. Should you have any questions regarding this matter, please contact the undersigned at your convenience. Sincerely, WWP : yc m a BRUNICK S PYLE PROFESSIONAL LAW CORPORATION 1839 COMMERCENTER WEST POST OFFICE BOX 6425 WILLIAM J BRUNICK 215 CAJON STREET RAYMOND D PYLE DONALD R ALVAREZ SAN BERNARDINO, CALIFORNIA 92412 REDLANDS, CALIFORNIA Z KAREN BOEGLER MCHUGH MARGUERITE P BATTERSBY STEPHEN E ANDERSON 88 9-830 I 824-0 623 JAMES W ANDERSON DONALD F CASH P. 0. BOX 1320 TELEPHONE 1714) 793-0 TELEPHONE AREA CODE 714 May 15, 1939 City of Carlsbad City Attorneys Office Vincent F. Biondo, Jr. 1200 Elm Avenue Carlsbad, CA 92008 Re: David B. and Karen R. Thompson Dear Mr. Biondo: It is my understanding that I filed a written request to speak for the hearing originally scheduled for March 14, 1989 on behalf of my clients David and Karen Thompson, APN 214 170C Please consider this a request to speak pursuant to California Code of Civil Procedure 1245.23533. Thank you for your anticipated cooperation, Very truly yours, BRUNICK & PYLE eR.4 William J. Brunick WJB:rf cc: Asaro & Keagy Vincent F. Biondo, Jr. Lloyd Hubbs, City Engineer William MacFarlane David Thompson w ASARO & KEAGY ATTORNEYS AT LAW FRANK L ASARO FOURTH FLOOR ROSCOE D KEAGY 3170 FOURTH AVENUE RICHARD R FREELAND STEVEN A. MCKINIEY ARNOLD NEVES, JR C. LARRY DAVIS TELECOPIER (6191 2994268 RANDALL C. STERLING IN REPLY SAN DIEGO CALIFORNIA 92103 TELEPHONE (619) 297-3170 REFER TO March 10, 1989 Mr. Carmel Verodi Ms. Consuelo Duncan Ms. Maria Grijalva Mendivil, Trustees 4748 Valle Verde Court La Verne, CA 91750 Re: Extension of Poinsettia Lane APN 214 170 08 Ladies and Mr. Verodi: By letter dated February 21, 1989, our firm notified you tkidt the City Council of the City ot Carlsbad would hola a public hearing on harch lrl, 1989, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsecria Lane Extension Project. The purpose of this letter is to advise you that that public hearing has been canceled, and will be rescheduled at a later date. You will again be notified of the new date when it has been established. Very truly yours, ASARO & KEAGY nr &?JR. F* Richard R. Freeland ARF :mad JJ k : ~hDLTR3/021589ee cc: Richard S. Jamison City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs, Oftice of City Engineer Richard Allen, Office of City Engineer Phil Carter, Office of City Manager Wesley Peltzer, Attorney W e ASARO & KEAGY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE I6191 897-3170 ROSCOE 3. KEAGY RICHARD R. FREELAND * STEVEN A. MCKINLEY ARNOLD NEVES. JR. C. LARRY DAVIS TELECOPIER I6191 2994268 RANDALL C. STERLING IN REPLY REFER TO March 10, 1989 Mr. Marvin Porter Mrs. Margret Porter, Trustees Porter Family Trust P. 0. Box 73030 San Ysidro, CA 92073 Re: Extension of Poinsettia Lane APN 21 4-1 70-55 Dear Mr. and Mrs. Porter: By letter dated February 21, 1989, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on March 14, 1989, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Extension Project. The purpose of this letter is to advise you that that public hearing has been canceled, and will be rescheduled at a later date. You will again be notified of the new aate when it has been established. Very truly yours, GQ?Y&)J Richard R. Freeland RRF:mad D K : M D LT R3 / 0 2 1 5 8 9dd xc Mr. Richard Allen, Office of City Engineer Mr. Phil Larter, Office of City Manager City Clerk Vincent F. Biondo, Jr., CiIy Attorney hr. Lloyd Hubbs W 0 ASARO & KEAGY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD R. FREEUND STEVEN A. MCKINLEY ARNOLD NEVES, JR. C. LARRY DAVIS TELECOPIER 1619) 2994268 RANDALL C. STERLING IN REPLY 3170 FOURTH AVENUE SAN OIEGO, CALIFORNIA 92103 TELEPHONE (619) 297-3170 REFER TO: March 10, 1989 Mr. David B. Thompson Mrs. Karen R. Thompson P. 0. Box 1487 Carlsbad,, CA 92008 Re: Extension of Poinsettia Lane APN 214 170 05 Dear Mr. and Mrs. Thompson: By letter dated February 21, 1989, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on March 14, 1989, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Extension Project. The purpose of this letter is to advise you that that public hearing has been canceled, and will be rescheduled at a later date. You will again be notified of the new date when it has been established. Very truly yours, ASARO & KEAGY (7793 RF- 4 Richard R. Freeland RRF :mad xc Mr. Richard Allen, Office of City Engineer Office of City Clerk Mr. Phil Carter, Office of City Manager Mr. Vincent F. Biondo, Jr., City Attorney Mr. Lloyd Hubbs Mr. William J. Brunick MDLTR3/021589cc W 0 ASARO 6 KEAGY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE D. KEAGY 3170 FOURTH AVENUE RICHARD R. FREELAND 5AN DIEGO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 1 STEVEN A. McKlNLEY ARNOLD NEVES, JR. C. LARRY DAVIS TELECOPIER (619) 299-4268 RANDALL C. STERLING IN REPLY REFER TO' March 10, 1989 Mr. Noboru Tabata, Co-Trustee Mrs. Evelyn Tabata, Co-Trustee Tabata Family Trust Mr. lsokazu Tabata P. 0. Box 943 Carlsbad, CA 92008 Re: Extension of Poinsettia Lane APN 21 4-1 70-66 and 214-1 40-09 Mrs. Tabata and Gentlemen: By letter dated February 21, 1989, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on March 14, 1989, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Extension Project. The purpose of this letter is to advise you that that public hearing has been canceled, and will be rescheduled at a later date. You will again be notified of the new date when it has been established. Very truly yours, ASARO E KEAGY PQR. 6- JQ Richard R. Freeland RRF:mad D K : MD LT R3 / 02 1 5 8 9 b b xc Mr. Richard Allen, Office of City Engineer Mr. Phil Carter, Office of City Manager Charles J. Jamison City Clerk Vincent F. Biondo, Jr., City Attorney Lloyd Hubbs, Office of City Engineer Mr. lsokazu Tabata Tabata Brothers, A Partnership a 0 v .s. ASARO 6 KEAGY ATTORNEYS AT LAW FRANK L ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY ARNOLD NEVES. JR. C. LARRY DAVIS TELECOPIER (619) 2994268 RANDALL C. STESLING 3170 FOURTH AVENUE SAN OIEGO. CALIFORNIA 91103 TELEPHONE (619) 297-3170 IN REPLY REFER TO: February 21, 1989 Mr. Carmel Verodi Ms. Consuelo Duncan Ms. Maria Grijalva Mendivil, Trustees 4748 Valle Verde Court La Verne, CA 91750 Re: Extension of Poinsettia Lane APN 214 170 08 Ladies and Mr. Verodi: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of San Diego provides an impartial agency to hear both sides of a contro- versy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called "condemna- tion" or "the right of eminent domain". It is the recommendation of our firm that condemnation proceedings be instituted to settle our contro- versy. The City Council of the City of Carlsbad will hold a public hearing on March 14, 1989, at 6:OO p.m. or as soon thereafter as the matter may be heard at the Carlsbad City Council Chambers, located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City Council to consider at that time the adoption of a Resolution of Necessi- ty to authorize the condemnation of a portion of your property for the above-described project. 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 hearing. 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 pursuant to California Code of Civil Procedure Section 1240.030. * m 0 ." 2 Mendivil Trust Page Two February 21, 1989 If you wish to speak either for or against the issues which are outlined above, ycu must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk 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. Your written request should be addressed to the following: City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, Ck 92008 Re: Extension of Poinsettia Lane March 14, 1989 hearing Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY @QR F- A Richard R. Freeland RRF:mad DK : MDLTR3/021589e cc: Richard S. Jamison City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs c !#p m 0 AS'ARO & KEAGY > ATTORNEYS AT LAW 1 FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD R. FREELANO STEVEN A. MCKINLEY ARNOLD NEVES, JR. C. LARRY DAVIS TELECOPIER (6191 299-4Z68 RANDALL C. STERLING IN REPLY 3170 FOURTH AVENUE SPIN DIEGO, CALIFORNIA 98103 TELEPHONE (6191 297-3170 REFER TO' February 21, 1989 Mr. Marvin Porter Mrs. Margret Porter, Trustees Porter Family Trust P. 0. Box 73030 San Ysiclro, CA 92073 Re: Extension of Poinsettia Lane AI" 214-770-55 Dear Mr. and Mrs. Porter: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of San Diego provides an impartial agency to hear both sides of a contro- versy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called "condemna- tion" or "the right of eminent domain". It is the recommendation of our firm that condemnation proceedings be instituted to settle our contro- versy. The City Council of the City of Carlsbad will hold a public hearing on March 14, 1989, at 6:OO p.m. or as soon thereafter as the matter may be heard at the Car!sbad City Council Chambers, located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City Council to consider at that time the adoption of a Resolution of Necessi- ty to authorize the condemnation of a portion of your property for the above-described project. 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 hearing. The City Council will determine whether (a) the public interest ana 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 pursuant to California Code of Civil Procedure Section 1240.030. w m L 5'. Porter Family Trust Page Two February 21, 1989 If you wish io speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk 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. Your written request should be addressed to the following: City Clerk of the City of Cartsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Poinsettia Lane March 14, 1989 hearing Please feel free to call should you have any questions. Very truly yours, ASARO E KEAGY NJRF & Richard R. Freeland RRF : mad D K : MD LTR3 / 02 1 5 89d cc: City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs * an e e ASARO & KEAGY ( ATTORNEYS AT LAW i FRANK L. ASARO j FOURTH FLOOR ROSCOE D. KEAGY RICHARD R. FREEUND STEVEN A. MCKlNLEY ARNOLD NEVES, JR. C. LARRY DAVIS TELECOPIER (6191 899-4268 RANDALL C. STERLING IN REPLY 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 , TELEPHONE (6191 297-3170 REFER TO. February 21, 1989 Mr. Noboru Tabata, Co-Trustee Mrs. Evelyn Tabata, Co-Trustee Tabata Family Trust Mr. lsokazu Tabata P. 0. Box 943 Carlsbad, CA 92008 Re: Extension of Poinsettia Lane APN 21 4-1 70-66 and 21 4-1 40-09 Mrs. Tabata and Gentlemen: We lhave apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of San Diego provides an impartial agency to hear both sides of a contro- versy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called "condemna- tion" or "the right of eminent domain". It is the recommendation of our firm that condemnation proceedings be instituted to settle our contro- versy. The City Council of the City of Carlsbad will hold a public hearing on March 14, 1989, at 6:00 p.m. or as SOW thereafter as the matter may be heard at the Carlsbad City Council Chambers, located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City Council to consider at that time the adoption of a Resolution of Necessi- ty to authorize the condemnation of a portion of your property for the above-described project. 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 hearing. The City v e Tabata Family Trust Page 2 February 21, 1989 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 pursuant to California Code of Civil Procedure Section 1240.030. if you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk 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. Your written request should be addressed to the following: City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Poinsettia Lane March 14, 1989 hearing Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY aQm7 FM Richard R. Freeland RRF :mad xc Mr. lsokazu Tabata P. 0. Box 1338 Carlsbad, CA 92008 Tabata Brothers I A Partnership 2096 Aeta Vista Vista, CA 92083 Charles J. Jamison City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs D K :MD LTR3/02 7 589 b *. .- 0 a ASARO & KEAGY ATTORNEYS AT LAW . FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY 3170 FOURTH AVENUE RICrlARD R. FREELAND STEVEN A. MCKINLEY ARNOLD NEVES, JR. SAN DIEGO. CALIFORNIA 92103 TELEPHONE (6191 297-3170 C. LARRY DAVIS TELECOPIER (6191 29s426a RANDALL C. STERLING IN REPLY REFER TO, February 21, 1989 Mr. David B. Thompson Mrs. Karen R. Thompson P. 0. Box 1487 Carlsbad, CA 92008 Re: Extension of Poinsettia Lane APN 214 170 05 Dear Mr. and Mrs. Thompson: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of San Diego provides an impartial agency to hear both sides of a contro- versy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called "condemna- tion" or "the right of eminent domain". It is the recommendation of our firm that condemnation proceedings be instituted to settle our contro- versy. The City Council of the City of Carlsbad will hold a public hearing on March 14, 1989, at 6:OO p.m. or as soon thereafter as the matter may be heard at the Carlsbad City Council Chambers, located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City Council to consider at that time the adoption of a Resolution of Necessi- ty to authorize the condemnation of a portion of your property for the above-described project. 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 hearing. 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 pursuant to California Code of Civil Procedure Section 1240.030. W e * .- Mr. and Mrs. Thompson Page 2 February 21, 1989 If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk 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. Your written request should be addressed to the following: City Clerk of the City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Extension of Poinsettia Lane March 14, 1989 hearing Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY &JfiFQ Richard R. Freeland RRF :mad DK :MDLTR3/021589c cc: William J. Brunick Vincent F. Biondo, Jr., City Attorney Lloyd Hubbs, City Engineer City Clerk 0 a 11 k4" ASARO 6 KEAGY ATTORNEYS AT LAW - FRANK L. ASARO FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE I6191 297-3170 TELECOPIER I6191 2994268 ROSCOE 0. KEAGY RICHARD R. FREELAND " STEVEN A. Mc KIN LEY ARNOLD NEVES, JR. C. LARRY DAVIS RANDALL C. STERLING IN REPLY REFER TO' April 21, 1989 Mr. David B. Thompson Mrs. Karen R. Thompson P. 0. Box 1487 Carlsbad, CA 92008 RE: Extension of Poinsettia Lane APN 214 170 05 Dear Mr. and Mrs. Thompson: On February 21, 1989, our firm notified you that the Ci. Council of the City of Carlsbad would hold a public hearing I March 14, 1989 to consider the adoption of a Resolution I Necessity to authorize the condemnation of a portion of yo1 property for the Poinsettia Lane Extension Project. On March 1 1989, we notified you that said hearing had been cancelled a would be rescheduled at a later date. The purpose of this letter is to advise you that the heari has been rescheduled for May 23, 1989 at 6:OO p-.m.-- or as so thereaft:er as the matter may be heard at the Carlsbad City Counc Chambers, 1220 Elm Avenue, Carlsbad, California. L Pursuant to California Code of Civil Procedure Secti 1245.235, each person whose property interests are to be acquir by eminent domain has the right to appear and be heard at t hearing. The City Council will determine whether (a) the pub1 interest and necessity require the project; (b) the project planned or located in the manner that will be the most compatil with the greatest public good and the least private injury; e (c) the property sought to be acquired is necessary for the projc pursuant to California Code of Civil Procedure Section 1240.03( The new hearing date allows you to file a written request appear and be heard in the office of the City attorney at - Carlsbad City Hall within fifteen (15) days after the date tl notice is mailed. Failure to do so will result in waiver of 1 right to appear and be heard at the aforementioned hearing. - -4- a 0 However, if you have already filed a written request pursuant P the notice dated February 21, 1989, for the hearing originall scheduled for March 14, you need not file a second requeE to appear and be heard. 1989, welcomes your participation. Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY Zif Special ;r>x Counsel, Richard R. Freeland RRF: crw cc: Clerk of the City of Carlsbad Vincent F. Biondo, Jr. Lloyd Hubbs, Office of City Engineer Richard Allen, Office of City Engineer Phil Carter, Office of City Manager William J. Brunick - -. LTR: THOMPSON a a MI ASARO & KEAGY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN OIEGO. CALIFORNIA 92103 FRANK L. ASARO - ROSCOE D. KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY - ARNOLD NEVES, JR. TELEPHONE (6191 297-3170 TELECOPIER I6191 2994268 C. LARRY DAVIS RANDALL C. STERLING IN REPLY REFER TO' April 21, 1989 Mr. Marvh Porter Mrs. Margret Porter, Trustees Porter Family Trust P. 0. Box 73030 San Ysidro, Ck 92073 RE: Extension of Poinsettia Lane APN 214 170-55 Dear Mr. and Mrs. Porter: On February 21, 1989, our firm notified you that the Cit Council of the City of Carlsbad would hold a public hearing c March 14, 1989 to consider the adoption of a Resolution c Necessity to authorize the condemnation of a portion of yo1 property for the Poinsettia Lane Extension Project. On March 1( 1989, we notified you that said hearing had been cancelled ar would be rescheduled at a later date. The purpose of this letter is to advise you that the heari has been rescheduled for May 23, 1989 at 6:OO p.m. or as sol thereafter as the matter may be heard at the Carlsbad A- City Counc Chambers, 1220 Elm Avenue, Carlsbad, California. Pursuant to California Code of Civil Procedure Sectit 1245.235, each person whose propertybinterests are to be acquir by eminent donain has ths right to appear and be heard at t hearing. The City Council will determine whether (a) the pub1 interest and necessity require the project; (b) the project planned or located in the manner that will be the most compatib with the greatest public good and the least private injury; a (c) the property sought to be acquired is necessary for the proje pursuant to California Code of Civil Procedure Section 1240.030 The new hearing date allows you to file a written request appear and be heard in the office of the City attorney at t Carlsbad City Hall within fifteen (15) days after the date tl notice is mailed. Failure to do so will result in waiver of t right to appear and be heard at the aforementioned hearing. m m .-. However, if you have already filed a written request pursuant ti the notice dated February 21, 1989, for the hearing originall: . scheduled for March 14, 1989, you need not file a second reques to appear and be heard. Remember, if you wish to appear and be heard at the May 23 1989, rescheduled public hearing, you mynt have either filed withFnf,ifteen 115) daysafter this notice iR mailed. The Cit welcomes your participation. Please feel free to call should you have any questions, w-itten =e fifteen (I5) bys after th -the__oriainalnoticeed 03- file such a written reaues Very truly yours, ASARO 8i KEAGY Special Counsel, City of Carlsbad rnJR #55 Richard R. Freeland RRF : crw cc: Clerk of the City of Carlsbad Vincent F. Biondo, Jr. Lloyd Hubbs, Office of City Engineer Richard Allen, Office of City Engineer Phil Carter, Office of City Manager - -. 3. LTR:PORTER . 4 rr e e ASARO 6 KEAGY ATTORNEYS AT LAW ~ FRANK L. ASARO FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 - ROSCOE D. KEAGY RICHARD R. FREELAND v STEVEN A. MCKINLfY ARNOLD NEVES. JR. C. LARRY DAVIS TELECOPIER (6191 29s-426a RANDALL C. STERLING IN REPLY REFER TO April 21, 1989 Mr. Carmel Verodi Ms. Consuelo Duncan Ms. Maria Grijalva Mendivil, Trustees 4748 Valfe Verde Court La Verne, CA 91750 RE: Extension of Poinsettia Lane APN 214 170 08 Dear Ladies and Mr. Verodi: On February 21, 1989, our firm notified you that the Cis Council of the City of Carlsbad would hold a public hearing t March 14, 1989 to consider the adoption of a Resolution t Necessity to authorize the condemnation of a portion of yo1 property for the Poinsettia Lane Extension Project. On March 1( 1989, we notified you that said hearing had been cancelled ai would be rescheduled at a later date. The purpose of this letter is to advise you that the heari: has been rescheduled for May 23, 1989 at 6:OO p.m. or as so( thereafter as the matter may be heard at the Carlsbad-City Counc Chambers, 1220 Elm Avenue, Carlsbad, California. Pursuant to California Code of Civil Procedure Secti 1245.235, each person whose property interests are to be acquir by eminent domain has the right to appear and be heard at t hearing. The City Council will determine whether (a) the pub1 interest: and necessity require the project; (b) the project planned or located in the manner that will be the most compatib with the greatest public good and the least private injury; a (c) the property sought to be acquired is necessary for the projc pursuant to California Code of Civil Procedure Section 1240.03C The new hearing date allows you to file a written request appear and be heard in the office of the City attorney at t Carlsbad City Hall within fifteen (15) days after the date tf: notice is mailed. Failure to do so will result in waiver of t right to appear and be heard at the aforementioned hearing. ! * b a 0 m However, if you have already filed a written request pursuant t the notice dated February 21, 1989, for the hearing originall scheduled for March 14, 1989, you need not file a second reques to appear and be heard. Remember, if you wish to appear and be heard at the May 22 1989, rescheduled public hearing, you must have either filed I- tt en recruaE YR after this notjce i* m1lRd. The Cit '. 8, witten regw9Rt wrth the Cjty with;mfrfteen (IS1 byt afte dateoria-ed or file such EUT~ welcomes your participation. Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY Special Counsel, City of Carlsbad dS41FU Richard R. Freeland RRF: crw cc: Clerk of the City of Carlsbad Vincent F. Biondo, Jr. Lloyd Hubbs, Office of City Engineer Richard Allen, Office of City Engineer Phil Carter, Office of City Manager Richard S. Jamison Wesley Peltzer, Attorney -- c LTR: MENDIVIL 1' al 0 a ASARO & KEAGY ATTORNEYS AT LAW FRANK L ASARO FOURTH FLOOR ROSCOE 3. KEAGY ~ RICHARO R. FRECLANO STEVEN A. MCKINLEY ARNOLO NEVES. JR. C. URRY DAVIS TELECOPIER 1619) 29-268 RANOALL C. STERUNG 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 IN REPLY REFER TO: April 21, 1989 Mr. Noboru Tabata, Co-Trustee Mrs. Evelyn Tabata, Co-Trustee Tabata Family Trust Mr. Isokazu Tabata P. 0. Box 943 Carlsbad, Ca 92008 RE: Extension of Poinsettia Lane APN 214-170-66 and 214-140-09 Dear Mrs. Tabata and Gentlemen: On February 21, 1989, our firm notified you that the Cit] Council of the City of Carlsbad would hold a public hearing 0% March 14, 1989 to consider the adoption of a Resolution o Necessity to authorize the condemnation of a portion of you. property for the Poinsettia Lane Extension Project. On March 10 1989, we notified you that said hearing had been -- cancelled L anc would be rescheduled at a later date. The purpose of this letter is to advise you that the hearinc has been rescheduled for May 23, 1989 at 6:OO p.m. or as so0 thereafter as the matter nay be heard at the Carlsbad City Counci Chambers,, 1220 Elm Avenue, Carlsbad, California. Pursuant to California Code of Civil Procedure Sectio 1245.235, each person whose property interests are to be acquire by eminent domain has the right to appear and be heard at th hearing. The City Council will determine whether (a) the publi interest and necessity require the project; (b) the project i planned or located in the manner that will be the most compatibl with the greatest public good and the least private injury; ar (c) the property sought to be acquired is necessary for the projec pursuant to California Code of Civil Procedure Section 1240.030. The new hearing date allows you to file a written request t appear and be heard in the office of the City attorney at tk Carlsbad City Hall within fifteen (15) days after the date th:' notice is mailed. Failure to do so will result in waiver of tl right to appear and be heard at the aforementioned hearinc c . m w 8 However, if you have already filed a written request pursuant tc the notice dated February 21, 1989, for the hearing originally V scheduled for March 14, 1989, you need not file a second request to appear and be heard. Remember, if you wish to appear and be heard at the May 23, 1989, rescheduled public hearing, you muRt haw either filed a st with the City witbx~ fifteen (15) days after the ys after this notice is &ad. The Citl - date-- was -e such a written requeBt welcomes your participation.- Please feel free to call should you have any questions. Very truly yours, ASARO & KEAGY Special Counsel-, City of Carlsbad Qai7fl. F5 Richard R. Freeland RRF:crw - cc: Clerk of the City of Carlsbad Vincent F. Biondo, Jr. Lloyd Hubbs, Office of City Engineer Richard Allen, Office of City Engineer - Phil Carter, Office of City Manager Charles J. Jamison, 777 S. Pacific Coast Highway Mr. Isokazu Tabata, P. 0. Box 1338, Carlsbad, CA 92008 Tabata Brothers, a Partnership, 2096 Aeta Vista; Vista, C3 92083 t LTR: TABATA a w & Y.YII.A.AVU LWI'LLIAL~JIW C;r&NVA MAY 3, 1989 w PAGE TWO PUBLIC HEARING ITEMS (CONTINUEDL: 2) PCD 89-:L UHL - Request for a RESO: 2850 J I Planning Commission Determination to ACTION: Decision denying a Satellite Antenna at the Uhl residence located at 3274 Camino Coronado in the Planned Community (P-C) Zone within Local Facilities Management Zone 11. 1 appeal the Planning Director's VOTE : Staff Recommendation: UPHOLD 3) SP-144 SAN DIEGO GAS & ELECTRIC RESO: 2858, 2859 COMPANY - Request to replace six ACTION: uncovered wastewater collection VOTE : ponds with six collection tanks at the Encina Power Plant, 4600 Carlsbad Boulevard located in the P- U Zone and Local Facilities Management Zone 3. Staff Recommendation: APPROVAL 4) CT 84-32 (A) /PUD-73 (A) COBBLESTONE RESO: 2848, 2849 SEA VILLAGE - A City initiated ACTION: Amendment to Tentative Map (CT 84- 32/PUD-73) to modify roadway a1ignment.s and project design on property located south of Palomar Airport Road and east of College Boulevard located within Local Facilities Management Zone 20. VOTE : Staff Recommendation: APPROVAL 5) PCD/GPC 89-1 POINSETTIA LANE RESO: 2855, 2847 EXTENSION - Request to ACTION: approval of a Planning C Determination/General Consistency for the extension of Poinsettia La Batiquitos Drive and th intersection of Poinsett Alga Road in Local Management Zone 20. VOTE : $7 =e' 7 ./$2LtL - Staff Recommendation: APPROVAL & +*A+- c, y+=%A 4