HomeMy WebLinkAbout1990-07-10; City Council; 10706; Sewer, Water & Drainage Easementsti 9
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CIP)OF CARLSBAD - AGENWBILL 2" '
DEPT.
CITY I
CITY c
AB# 'Oi '7 * 6
MTG.
DEPT.
RECOMMENDED ACTION:
TITLE: 07/10/98
ENG
PUBLIC HEARING FOR THE INITIATION OF
EMINENT DOMAIN PROCEEDINGS FOR SEWER,
WATER AND DRAINAGE EASEMENTS
J g peu e/ 63 -e %"
Adopt Resolution No.90 -&X'-( certifying a conditional negative declara
Adopt Resolution No. '1 C -Z<retaining Special Counsel, approving deposir
Court, and directing the condemnation of necessary rights-of-way for sewer,
drainage easements.
ITEM EXPLANATION:
On December 22,1987, the City Council approved the Pacific Rim Country (
(now called Aviara) and the first phase tentative map, CT 85-35. The co
the tentative map included the construction of sewer, and drainage facilitie:
Murphy property. The sewer required will also serve the Aviara Oaks Schoc
under construction.
To comply with the conditions, the developer, Hillman Properties, is require
the necessary off-site right-of-way. Should they be unable to acquire the rij
the City is required to proceed with condemnation or the conditions beco:
On October 25,1988, Council approved an agreement with Hillman Proper
deposits and guaranteeing to pay all costs of the acquisition along with
agreements for acquisition and legal services.
Since that time, appraisals have been made of the property affected and r have been on-going with the property owner since September of 1989. (
been made but to date, no agreement has been reached with the prop
(Murphy) on the appropriate compensation. Attached are a series of corri
which have occurred over the past year. It is critical to obtain immediate f
site to allow construction of the sewer line serving the Aviara Oaks Schoo
to open in September of this year.
It is therefore recommended that the City initiate condemnation proceed
time so as to adhere to the project schedule. This does not preclude
negotiations with the owner.
In accordance with State law, the City has given proper notice of this pu
to the owner of the subject property. The City is not required by law to (
request of any person to be heard who did not submit a written request c
June 28, 1990, nor the request of any person not an owner of interest in t
being condemned. Adoption of the Resolution of Necessity to Condem
two-thirds (2/3) vote of the City Council and conclusively establishes 1
contained therein.
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PAGE TWO OF AB# /o: ‘906 -*
h
Staff also recommends that Council certify a conditional negative decla
construction of sewer lines and storm drains which allows the City to issuc
for the project.
FISCAL IMPACT:
All costs associated with right-of-way acquisition, appraisal fees, court costs,
and related acquisition expenses shall be paid for by the developer who ~i
sufficient funds to cover all costs. The City will not be obligated for anj
related to the acquisition of these rights-of-way.
The total amount of the fair market value offered to the property
$254,776.00. Upon approval of this eminent domain action by the City C
application will be made to the Court to deposit said sum as the probable
compensation to be awarded in the proceeding. A check for that amount
will be deposited with the court by Hillman Properties immediately upon n
to do so. Hillman has previously deposited funds with City to pay for consu
for acquisition and legal expenses. Hillman will immediately deposit additi
if required to cover any additional costs.
EXHIBITS:
1. Location Map.
2. Resolution No. 90 -229 certifying a conditional negative declarat:
3. Resolution No.OiG -a25 retaining Special Counsel, approving del
the Court, and directing the condemnation of necessary rights-c
portions of Poinsettia Lane.
4. Property owner correspondence.
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RESOLUTION NO. 9 O - 2 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIACERTIFYING ACONDITIONAL NEGATIVE
DECLARATION FOR A GRADING PERMIT TO CONSTRUCT TWO
SEWERLINES AND A STORM DRAIN LOCATED NORTH OF
BATIQUITOS LAGOON AND SOUTH THE AVIARA MASTER PLAN
AREA.
WHEREAS, the City Council has considered all factors relating to the Conditional
Declaration for a grading permit to construct two sewerlines and a storm drain located
Batiquitos Lagoon and south of the Aviara Master Plan Area.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows:
1.
2.
That the foregoing recitations are true and correct.
That the City Council hereby Certifies the Conditional Negative Dc
according to Exhibits "ND", dated April 26, 1990, "PII" dated April 20, 1990, and the n
Monitoring Program outlined in Appendix "P" attached hereto and made a part hereof,
the following findings:
FINDINGS:
1. The initial study shows that there is no substantial evidence that the pn
have a significant impact on the environment provided that mitigating c
of approval are complied with.
The streets are adequate in size to handle traffic generated by the propose
The field surveys conducted by staff and the cultural and biological as
prepared for the project (Sweetwater Environmental Biologist, 1989) d
that there are sensitive resources located onsite or located so as to be in
this project.
2.
3.
In accordance, this project is approved subject to the compliance with Con
Approval 1-6 discussed below:
ENVIRONMENTAL CONDITIONS ,-
1. Grading activity shall be prohibited during the rainy season, from Octo
April 1st of each year.
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2. Construction of the eastern line Within the Diegan Coastal Sage Scrub habj
as shown on Figure 5, will be prohibited during the Black Tailed Gnz
breeding season (March 1 - June 1).
All disturbed Diegan Sage Scrub will be revegetated with a representative s
Prior to the issuance of a grading pennit, the project applicant shall be re( submit a revegetation program for Planning Director review and a
Subsequent to the implementation of the revegetation program, the
Carlsbad will conduct site inspections to access contract performance
revegetation plan. Two additional site inspections; by the City of Carlsba
conducted at 6 and 18 months following revegetation to evaluate the su(
the revegetation attempts are not deemed successful by the City, then thc
applicant shall be required to revegetate the Diegan Sage Scrub area 1
habitat is successfully reestablished.
Prior to issuance of a grading pennit, the project applicant shall be rec
submit an exhibit with the grading plans which demarcates all sensitive 1
areas (re: riparian, freshwater marsh and Diegan Coastal Sage Sa
archeological sites within and immediately adjacent to the project area
areas shall be verified by a biological and archaeological consultant and
required to be flagged in the field by a qualified archaeological and t
consultant. Temporary fencing shall be required to be constructed to
encroachment by construction equipment. The qualified biologist and arch
will consult with the construction foreman and machine operators to educ
on the constraints of the area prior to the initiation of grading operatioi
construction, the project biologist will submit a report to the City evalu
grading/construction operation relative to preservatiion of the above m
sensitive biological resources. Any amount of impact to riparian hab
necessitate the project applicant to mitigate with riparian habitat at a :
All construction equipment used during construction shall be required tc
and park outside of all identified sensitive area. No construction equiprr
be parked within 100' of the wetland.
Prior to the issuance of a grading permit, the project applicant shall be re
pay agricultural mitigation fees for any agricultural acreage which is el
through this project. This fee total and structure shall be determined b!
of Carlsbad, consistent with the Pacific Rim Country Club and Resort Mi
3.
4.
5.
(MP-177).
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6. Prior to the issuance of a grading permit, the project applicant shall be ret
Director. AU areas impacted by construction (including steep slopes)
required to be re-contoured and fully revegetated.
submit a full landscape and irrigation plan for review and approval by the
CERTIFIED at a regular meeting of the Carlsbad City Council held on the 10t
of July , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an
NOES: None
ABSENT: None % ANN J. KULCHIN, WIS, Mayor Mayor Pro-Tem
ATIEST:
ALETHA L. RAUTENKRANZ, City Clerk\
(SEAL)
*
.1 EXHIBIT ND
5
A - -
-
CONDITIONAL NEGAM DECLARATION
PROJECT ADDRESSLOCATION: The project site is located north of Batiquitos Lagoo
and south of the Aviara Master Plan are upon parcels 215-051-04 and 216-121-01.
PROJECT DESCRIPTION: A grading permit to construct two sewer lines and a storn
drain.
The City of Carlsbad has conducted an environmental review of the above describec
project pursuant to the Guidelines for Implementation of the California Environmenta
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As i
result of said review, a Negative Declaration (declaration that the project will not have i
sigruficant impact on the environment) is hereby issued for the subject project. Justificatioi
for this action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planninl
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from thc
public are invited. Please submit comments in writing to the Planning Department withii
21 to 45 days of date of issuance.
DATED: April 26, 1990
CASENO: EIA90-3 Planning Director
APPLICANT: Hillman Properties
PUBLISH DATE: April 26, 1990
CDD:lh z
2075 Las Palmas Drive - Carlsbad, California 92009-4859 * (619) 438-1 16
- 0 0 EXHIBIT P
1 7
0- - ENVLR0"TAL IMPACT ASSESSMENT FORM - PART 11
(TO BE COMPLETED BY THE PLANNING DEPARTMENT) -
CASE NO. EIA 90-3
DATE: APRIL 20. 19
BACKGROUND
1. CASE NAME: HILLMAN PROPERTIES WEST, INC.
2. APPLICANT: HILLMAN PROPERTIES WEST, INC.
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT RON
SUITE 206
(619) 931-1190 Carlsbad, CA 92008
4. DATE EIA FORM PART I SUBMInED: APRIL 12. 1990
5. PROJECT DESCRIPTION:
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City c(
Environmental Impact Assessment to determine if a project may have a significant effect on the en7
The Environmental Impact Assessment appears in the following pages in the form of a check
checklist identifies any physical, biological and human factors that might be impacted by the
project and provides the City with information to use as the basis for deciding whether to I
Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that t
or any of its aspects may cause a significant effect on the environment. On the checklist, "N
checked to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any as]
project may cause a simificant effect on the environment. The project may qualify for i
Declaration however, if adverse impacts are mitigated so that environmental effects can I
insimificant. These findings are shown in the checklist under the headings "YES-sig" and '
respectively.
#
A discussion of potential impacts and the proposed mitigation measures appears at the end 0.
under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to
mitigation for impacts which would otherwise be determined significant.
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9 - PHYSICAL E"MENT
-
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES Nl
(si&?) (ins&)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards? -
unique physical features? -
2. Appreciably change the topography or any
3.. Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
-
4.
any bay, inlet or lake? X -
ambient air quality? -
movement, odor, moisture, or temperature?
water (marine, fresh or flood waters)?
water, ground water or public water supply?
depletion of any natural resources?
5. Result in substantial adverse effects on
6. Result in substantial changes in air
-
7. Substantially change the course or flow of
-
8. Affect the quantity or quality of surface
-
9. Substantially increase usage or cause
-
10. Use substantial amounts of fuel or energy? -
11. Alter a significant archeological,
paleontological or historical site,
structure or object? - ,.
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BIOLOGICAL ENVIR0"T
- WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES YES N
(sig) (w?)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)? X -
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species? -
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance? X -
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? -
Introduce new species of animals into an
area, or result in a barrier to the
16.
migration or movement of animals? -
HuMANE"MENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES fi
@id Wig)
17. Alter the present or planned land use
of an area? -
18. Substantially affect public utilities,
schools, police, fie, emergency or other
public services? -
,-
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I HuMANE"MENT
- MU THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES N
(si@ (insid
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems? -
20. Increase existing noise levels? -
21. Produce new light or glare? -
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)? -
human population of an area?
for additional housing? -
25. Generate substantial additional traffic? -
23. Substantially alter the density of the
-
24. Affect existing housing, or create a demand
26. Affect existing parking facilities, or
create a large demand for new parking? -
27. Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods? -
28. Alter waterborne, rail or air traffic? -
vehicles, bicyclists or pedestrians? -
emergency evacuation plans? -
aesthetically offensive public view? ,. -
existing recreational opportunities? -
29. Increase traffic hazards to motor
30. Interfere with emergency response plans or
31. Obstruct any scenic vista or create an
32. Affect the quality or quantity of
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MANDATORY FINDINGS OF SIGNIFICANCE -
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES N
tsig) (hig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory. -
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
-
35.
the effects of probable future projects.) -
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? ” -
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*_ DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED):
-
This project entails the construction of 2 sewer lines and a storm drain necessary to service a
approved developments within the Aviara Master Plan. The previously approved offsite aligr
for these proposed public facilities have been determined to be undesirable for environmental re
These public facility alignments proposed with this project are regarded as environmentally prefi
1. EARTH: The proposed public facility alignments are associated with two land forms.
The southern area of the project includes low-lying ground above the edge of a salt
marsh that occurs along the northern shore of Batiquitos Lagoon. The northern
extension of the alignment follows a north-south oriented terrace, averaging 90’ MCS
in elevation. The western half of the project site is relatively flat. This portion has
been extensively altered by agriculture and a nursery. The eastern alignment is
proposed in an area which is more diverse and bisected by a knoll. Some native
vegetation remains in this alignment. A San Diego Gas & Electric power line bisects
the eastern third of the property.
Construction of these public facilities will require 7,100 cubic yards of grading (fill).
Construction would also necessitate trenching 25-100 feet in width for the two facility
alignments. Although construction of the rip-rap discharge structure will create a minor
localized change in landform, the overall landform for the vicinity will be unchanged.
The landform effects from the construction of the sewer lines and storm drain will be
minimal in that these facilities will be placed subgrade.
There are no unstable earth conditions or unique geologic substructures in the project
area. The project has been conditioned to incorporate adequate erosion control
measures (i.e. hydroseeding, strawbales,) to mitigate erosion impacts. An erosion
control plan shall be submitted for review and approval by the Planning Director prior
to the issuance of grading permits. Construction will also be limited to the nonrainy
season to minimize erosion impacts. AU graded areas will be fully landscaped ta
minimize erosion.
AIR: Air quality impacts (dust generation) for this project will be short term (durinj construction) and insignificant. Once completed, revegetation of the disturbed area
would minimize any dust generation impacts.
WATER: Development of this project will have little if any impact upon water runoff
velocities or absorption rates. The proposed storm drain, rip-rap discharge structure
and erosion control measures will function to mitigate any significant impacts tc
Batiquitos Lagoon from surrounding development.
2.
3.
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. D~SCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED) :
4/5. PLANT/ANIMAL LIFE: A biological survey conducted upon the subject property
(Sweetwater Environmental Biologists, 1989) concluded that the construction of the
eastern sewer line will impact sensitive Diegan Sage Scrub vegetation (1.98 acres) and
the Black Tailed Gnatcatcher which uses this scrub for its primary habitat. The
following mitigation measures will however be incorporated into the project to mitigate
this impact:
1) Construction within the Diegan Sage Scrub habitat area will take place
during periods other than the Black Tailed Gnatcatcher breeding season
(March 1 - June 1);
2) AU disturbed Diegan Sage Scrub will be revegetated with a representative seed mix. City staff will; (1) review engineering plans and a revegetation program fox
acceptability prior to the issuance of a grading permit, (2) complete a site
inspection to access contractor performance with respect to this revegetation and,
(3) a site inspection 18 months after revegetation to assess success. If the
revegetation attempts are not deemed successful, subsequent revegetation will be
mandated.
Construction of the rip-rap discharge structure at the southern terminus of the eastern
sewerline, within the 100 foot wetland buffer has been conditioned to prohibit
accidental encroachment into the adjacent riparian habitat as follows:
1) Prior to the issuance of a grading permit; (1) Riparian habitat located adjacent
to the proposed rip-rap discharge structure shall be flagged by a qualified
biologist, and (2) a temporary fence will be constructed to clearly delineate this
sensitive riparian habitat area.
2) The qualified biologist will consult with the construction foreman and machine
operators to educate them on the constraints of the area prior to the initiation of
grading operations.
3) After construction, the project biologist will submit a report to the City evaluating
the grading/construction operation relative to the preservation of the above
mentioned sensitive resources. Any amount of impact to riparian habitat shall
necessitate the project applicant to mitigate with riparian habitat replacement at
a 3:l ratio.
Otherwise; (1) the sewer line construction will be restricted to narrow corridors
(2) no grading will be permitted during the rainy season, (3) sensitive areas will bf
demarcated to ensure the avoidance of inadvertent encroachment during constructior
and (4) all heavy equipment used during construction will be required to be parkec
outside of the surrounding wetland areas.
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~ - - DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUEDI:
- Any agricultural land which is eliminated by the construction of any part of the projec
will be mitigated through the payment of Agricultural Conservation Mitigation fees
permitted under the Mello I1 LCP. This project has been conditioned accordingly.
6. - NOISE: Short-term noise may be associated with construction equipment during
construction of this project. In view of the short term nature of this noise impact, it i!
regarded as significant.
LIGHT AND GLARE: This project will not produce any new light or glare.
LAND USE: This project was specified and sized in accordance with the Zone 19 Local Faci
Management Plan. The proposed facilities will be necessary to service the already appi
Aviara Master Plan Area. Although these facilities will have to extend across two 1
relatively undeveloped properties, the facilities are not expected to encourage any develop
upon these properties which is not anticipated under the existing General Plan.
NATURAL RESOURCES: Implementation of the proposed project will incrementally contr
to the depletion of fossil fuels and other natural resources required for project construc
This short term construction impact is not regarded as significant.
RISK OF UPSET: This project does not increase- the risk of an explosion or the release
hazardous substance.
POPULATION: Implementation of this project may promote (allow) growth Within the pi
area. However, since, under the Zone 19 Local Facilities Management Plan, all required r
facilities and services must be available, concurrent with need, no growth related impacl
anticipated.
7.
8.
9.
10.
11.
12. HOUSING: See 11 above.
13. TRANSPORTATION/CIRCULATION: This project will result in no circulation impac
proposed.
PUBLIC SERVICES: In that this project will construct public facilities required by the ZOI
Local Facility Management Plan, no impacts are anticipated.
ENERGY: Incremental (non-substantial) amounts of energy (fuel) will be used during p
construction. This incremental increase in energy usage is not regarded as significant.
14.
15.
16. UTILITIES: See 14 above.
”
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I DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED) :
L7. HUMAN HEALTH: No human health impacts associated with the construction of this prc
are anticipated. In contrast, by providing required public facilities, the quality of human he
should be improved.
AESTHETICS: Since little land form alteration is proposed no significant visual impacts
anticipated. Any visual impacts associated with grading and land clearing will be mitig;
through slope recontouring and landscaping.
RECREATION: N/A since the project will have no effect upon recreational amenities.
18.
19.
20. ARCHEOLOGIWHISTORICAL: Cultural resource investigations conducted upon the SUI
property (see attached letter) conclude that no significant cultural resources exist upon
subject property. However a condition will be included to require that archaeological :
within areas adjacent to the site be staked to prohibit encroachment by construction activi
.I
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) altemte site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed, and
g) no project alternative.
In view of the fact that the public facilities proposed (2 sewerlines and 1 stom
drain) are necessary to service already approved projects, phasing is not likely.
A number of site designs were evaluated to provide these public faciliq
improvements. The one selected was identified as the most environmentall!
preferable.
The size of the facilities was selected relative to anticipated demands.
Either residential (if feasible) or undeveloped.
N/A - Since these facilities are necessary to service already approved projects.
A.
B.
C.
D.
E.
F. See "B" above.
G. No project would be inconsistent with the Zone 19 Local Facilities Managemen
Plan.
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BETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- I find the proposed project COULD NOT have a sigrdcant effect on the environme NEGATIVE DECLARATION will be prepared.
- X I find that although the proposed project could have a significant effect on the envirom will not be a significant effect in this case because the mitigation measures described on a]
sheet have been added to the project. A Conditional Negative Declaration will be propos
- I find the proposed project MAY have a significant effect on the environment
ENVIRONMENTAL IMPACT REPORT is required.
Lf- 19- "ic, a La
Date Signature
4/ZO/40 I
Date I
LIST MITIGATING MEASURES (IF APPLICABLE)
1. This project is approved subject to compliance with the following conditions of approval:
a. Grading activity shall be prohibited during the rainy season, from October 1st to
April 1st of each year.
Construction of the eastern line within the Diegan Coastal Sage Scrub habitat area, as
shown on figure 5, will be prohibited during the Black Tailed Gnatcatcher breeding
season (March 1 - June 1).
All disturbed Diegan Sage Scrub will be revegetated with a representative seed mix.
Prior to the issuance of a grading permit, the project applicant shall be required to
submit a revegetation program for Planning Director review and approval. Subsequent
to the implementation of the revegetation program, the City of Carlsbad will conduct
site inspections to access contractor performance with the revegetation plan. Twa
additional site inspections; by the City of Carlsbad will be conducted at 6 and 18
months following revegetation to evaluate the success. If, the revegetation attempts
are not deemed successful by the City, then the project applicant shall be required ta
revegetate the Diegan Sage Scfub area until the habitat is successfully reestablished.
b.
c.
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, &TIGATING MEASURES (CONTINUED) :
d. Prior to the issuance of a grading permit, the project applicant shall be required tc
submit an exhibit with the grading plans which demarcates all sensitive biological areas
(re: riparian, freshwater marsh and Diegan Coastal Sage Scrub) and archeological sites
within and immediately adjacent to the project areas. These areas shall be verified bj
a biological and archaeological consultant and shall be required to be flagged in the
field by a qualified archaeological and biological consultant. Temporary fencing shall
be required to be constructed to prohibit encroachment by construction equipment. Thc
qualified biologist and archaeologist will consult with the construction foreman anc
machine operators to educate them on the constraints of the area prior to the initiatior
of grading operations. After construction, the project biologist will submit a report tc
the City evaluating the grading/construction operation relative to preservation of the
above mentioned sensitive biological resources. Any amount of impact to ripariar
habitat shall necessitate the [project applicant to mitigate with riparian habitat at a 3:l
ratio. All construction equipment used during construction shall be required tc
operate and park outside of all identified sensitive areas. No construction equipmeni
shall be parked within 100' of the wetland.
Prior to the issuance of a grading permit, the project applicant shall be required to pa3
agricultural mitigation fees for any agricultural acreage which is eliminated through thi:
project. This fee total and structure shall be determined by the City of Carlsbad
consistent with the Pacific Rim Country Club and Resort Master Plan (MP-177).
Prior to the issuance of a grading permit, the project applicant shall be required tc
submit a full landscape and irrigation plan for review and approval by the Planning
Director. All areas impacted by construction (including steep slopes) shall be requirec
to be recontoured and fully revegetated. The proposed desiltation basin will also be
required to be heavily landscaped around its perimeter to mitigate visual impacts.
e.
f.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE]
,.
-12-
w e
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
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RESOLUTION NO. 9 0 - 2 25
A RESOLUTION OF THE CITY OF CXRLSBAD, SAN DIEGO
COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
INTERESTS IN THE CITY OF CARLSBAD, STATE OF
CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREOF.
WHEREAS, the City of Carlsbad, County of San Diego, State of California, p
to construct sewer, water and drainage facilities across the property described in
"A" attached hereto, hereinafter referred to as the "the project'', and
WHEREAS, the project requires the acquisition of certain real property in
including, but not limited to sewer, water and drainage easements; and
WHEREAS, the City of Carlsbad may exercise the right of eminent domah
acquisition of real property or interest therein for sewer facilities, drainage facilit:
other purposes pursuant to Government Code Sections 37350, 37350.5, and 373
WHEREAS, the plans for the project in the City of Carlsbad are on file in th
of the City Engineer of the City of Carlsbad; and
WHEREAS, on December 22, 1988 the City Council of the City of C
pursuant to the provisions of the California Government Code, Section 65402, foL
the proposed location, purpose, and extent of the project is consistent with all el
of the City of Carlsbad General Plan; and
WHEREAS, on July 10,1990, pursuant to California Public Resources Code
21000 and following, this City Council certified a conditional negative declaration
project; and -
WHEREAS, the real property or interests herein sought to be acquired are
within the territorial limits of the City of Carlsbad and are necessary for the pr
project; and
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WHEREAS, the City of Carlsbad has established the amounts which it bel
be the just compensation for the hereinafter described real property or interests
sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carls
offered to the owners of said real property or interests therein the full amount est;
as just compensation for said real property or interest therein sought to be acqui
WHEREAS, the City of Carlsbad has provided said owners of said real pro
interests therein a written statement of and summary of the basis for the
established as just compensation for the real property or interests therein so
acquired; and
WHEREAS, a reasonable length of time has expired since the date of the
the owners of the real property or interests therein sought to be acquired, and the
have failed to favorably respond to the offers of the amounts established by the
Carlsbad as just compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Prc
Section 1245.235, the owners of the real property or the interest therein sougl
acquired whose names and addresses appear on the current equalized County Asst
Roll, have been sent a Notice of Intention to Adopt a Condemnation Resolution, ai
been provided with an opportunity to appear and be heard on the matters referr
California Code of Civil Procedure, Section 1240.030.
NOW THEREFORE, be it resolved that the City Council of Carlsbad fir
determines, and hereby declares that *
The public interest and necessity require the proposed project.
The proposed project is planned and located in a manner which will
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compatible with the greatest public good and the least private injury.
3. The real property or interests therein, hereinafter described
Resolution, are necessary for the proposed project.
4.
5.
The proposed project is a matter of public necessity.
The use of all and each and every part of said hereinafter descril
property or interests therein for the use and purposes of the proposed project is
use and a use authorized by law.
6. The public interest and necessity require that the property or i
therein, hereinafter described in this Resolution, be taken.
BE IT FURTHER RESOLVED by the City of Carlsbad that the firm of A!
KEAGY (hereinafter "special counsel") be, and is authorized and empowered, and (
in the name of the City of Carlsbad to acquire by donation, purchase, or conden
in accordance with the provisions of the Code of Civil Procedure of the State of C:
relating to eminent domain the hereinafter described interests in real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or
the proper court having jurisdiction thereof as are necessary to condemn, ta
acquire said hereinafter described real property, or any part thereof, for the p
project.
To make an application to said court for an order determining the amc
money to be deposited as security for the payment of the just compensation wh
be made for the taking of the real property or any part thereof, or interests
necessary for the proposed project and any damage incident thereto, and tl
application to said court for an order permitting the City of Carlsbad to take im:
possession of and to use said real property and part thereof, or interest therein,
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to be condemned for the proposed project;
To make deposit for such security for such right of way out of proper fun(
the control of the City in the amount determined by the court in the manner dirc
the court;
To incur on behalf of the City of Carlsbad all reasonable and necessary c
in the prosecution of suit or suits to condemn said real property.
The real property referred to in this Resolution is situated in the City of C
County of San Diego, State of California, and is more particularly described and .
on Exhibit "A" attached hereto and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cadst
Council held on the 10th day of July , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux ar
NOES: None
ABSENT: None
- S, Mayor
ATTEST: ANN J. KULCHIN Mayor Pro-Tem
0
METHA L. RAUTENKRANZ, City Clebk
(SEAL)
*
L 5/15/90*EN128.10
300,10*sv 1A
m 0
EXHIBIT "A*'
LEGAL DESCRIPTION
GENERAL UTILITY AND ACCESS EASEMENT
Being a portion of the South half of the Southwest quarter of
the Southwest quarter of Section 26, and the North 20 acres
of lot 1 in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, being more particularly described as follows:
Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section
26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88'55'37t1 West, 124.71 feet to the TRUE POINT OF BEGINNING: thence
leaving said North line, South 10°548451t West, 189.40 feet;
thence South 11a17'38+t West, 218.81 feet: thence South
17*57'49It East, 164.25 feet; thence South 29'54'11" East,
312.29 feet to a point on the Easterly line of said Lot 1;
thence along said Easterly line South 00°30819tt West, 11.00
feet: thence leaving said Easterly line South 06"11'19" West,
202.55 feet; thence South 83"48'41tt East, 13.00 feet; thence -
South 06"11819t1 West, 80.00 feet; thence North 83"48'41tt West, 77.00 feet: thence North 27"O5'1lt* East, 58.87 feet; thence South 83'48'4lg1 East, 3.00 feet: thence North
06°11'191t East, 223.97 feet; thence North 29'54'11" West,
305.29 feet: thence North 17"578491g West, 178.87 feet; thence
North 11°17'38t1 East, 227.88 feet; thence North O7'22'3lt1
East, 181.96 feet to a point on the North line of the South
half of the Southwest quarter of the Southwest quarter of
said Section 26; thence along said North line, South
88"55'37*l East, 52.00 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 1.145 acres of land
more or less.
This legal description was prepared
by me or under my direction in
conformance with the Land Surveyors *
5-/5%
Dale A. Davis L.S. 5894
5/02/90*EN128.10 0 0
k 300,10*sv 1B
EXHIBIT ;'AI#
LEGAL DESCRIPTION
SLOPE EASEMENTS
Being a portion of the South half of the Southwest quarter of
the Southwest quarter of Section 26, and the North 20 acres
of lot 1 in Section 35, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to Official Plat
thereof, being more particularly described as follows:
PARCEL 1B
Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section
26; thence along the North line of said South half of the
Southwest quarter of the Southwest quarter, North 88'55'37l;
West, 176.72 feet to the TRUE POINT OF BEGINNING; thence
leaving said North line, South 07"22'3111 West, 181.96 feet:
thence North O3'21'4lt1 West, 181.40 feet to a point on the
North line of said South half of the Southwest quarter of the. Southwest quarter of said Section 26; thence along said North line, South 88"55'3711 East, 34.00 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 0.071 acres of land
more or less.
PARCEL 1C
Commencing at the Northeast corner of lot 1 of said Section
35; thence along the East line of said lot 1, South 00"30'19*1 West, 461.84 feet; thence leaving said East line, North
83°48'411t West, 92.12 feet to the TRUE POINT OF BEGINNING; thence North 10°30'04*t East, 54.00 feet: thence North
67°28'11*1 West, 40.00 feet; thence North 00"30'19tt East,
20.00 feet; thence North 76"29'50t1 East, 46.63 feet; thence
North 10"30'04*1 East, 178.46 feet; thence South 89"29'41tt
East, 3.00 feet; thence South 06"11'1911 West, 223.97 feet; thence North 83O48'41*' West, 3.00 feet; thence South
27"05811f1 West, 58.87 feet to the TRYE POINT OF BEGINNING.
The hereinabove described parcel contains 0.101 acres of land more or less.
.. e m
i
PARCEL 1D
Commencing at the Northeast corner of lot 1 of said Section
35: thence along the East line of said lot 1, South 00°30'19tt
West, 177.89 feet: TRUE POINT OF BEGINNING: thence
continuing along said East line, South 00"30°19tt West, 283.95 feet: thence leaving said East line, North 83"48'41tt West,
15.12 feet: thence North 06°11'19tt East, 80.00 feet; thence North 83O48'41" West, 13.00 feet: thence North 06"118198t
East, 202.55 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 0.067 acres of land
more or less.
This legal description was prepared by me or under my direction in Land Surveyors
J - 5-Z-9D Dare A. Davis L.S. 5894
.
m
5/02/90*EN128.10
300,10*sv TC
0 0
-
EXHIBIT I'A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENTS
Being a portion of the South half of the Southwest quarter of
the Southwest quarter of Section 26, and the North 20 acres of lot 1 in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat
thereof, being more particularly described as follows:
PARCEL 1E
Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section
26: thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88"55837a1
West, 109.49 feet to the TRUE POINT OF BEGINNING: thence leaving said North-line, South 10"54°4511 West, 192.05 feet; thence South 11'17t3811 West, 214.94 feet: thence South
17°5784911 East, 158.77 feet: thence South 29"54'1lV1 East,
285.17 feet to a point on the Easterly line of said Lot 1; thence along said Easterly line South 00°30819t1 West, 29.63
feet: thence leaving said Easterly line North 29"54°1111 West, -
312.29 feet: thence North 17"57°4911 West, 164.25 feet: thence North 11"17°3811 East, 218.81 feet: thence North 10"54'45t1
East, 189.40 feet to a point on the North line of said South
half of the Southwest quarter of the Southwest quarter: thence along said North line, South 88"55'37It East, 15.22 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 0.299 acres of land more or less.
PARCEL 1F
Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section
26: thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88" 55'37It
West, 210.72 feet to the TRUE POINT OF BEGINNING: thence leaving said North line, thence South 03°21'411t East, 181.40
feet: thence South 11°17'38tt West, 227.88 feet: thence South
17"57'4911 East, 153.87 feet to a point hereinafter referred to as Point IrAgl: thence South 66°04000t1 West, 15.08 feet; thence North 17 " 57 ' 49" West, 159.36 feet ; thence North
11°17'3811 East, 229.87 feet: thenc6 North O3"21'4lt1 West,
180.64 feet to a point on the North line of said South half of the Southwest quarter of the Southwest quarter: thence along said North line, South 88°55'37t1 East, 15.05 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 0.195 acres of land
I 0
;c".
.- *
more or less.
PARCEL 1G
Commencing at' the hereinabove described Point *IA*I ; thence
South 17'57'49" East, 25.00 feet; thence South 29°54811t*
East, 150.00 feet to the TRUE POINT OF BEGINNING; thence
South 29"54'11" East, 155.29 feet; thence North 89029'41t* West, 3.00 feet: thence South 10"30'G411 West, 178.46 feet;
thence South 76'29'50" West, 16.42 feet; thence North
10°30'04~1 East, 183.61 feet; thence North 29"54'1111 West,
145.21 feet; thence North 60°05t49t8 East, 15.00 feet to the
TRUE POINT OF BEGINNING.
The hereinabove described parcel contains 0.114 acres of land more or less.
PARCEL 1H
Commencing at the Northeast corner of said lot 1 of Section.
35; thence along the East line of said lot 1, South OO03O819** West, 461.84 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line, South 00°30'1911 West, 15.07 feet; thence leaving said East line, North 83"48'41tt West,
83.61 feet; thence North 06"11'1918 East, 15-00 feet; thence
South 83"48'41q8 East, 82.12 feet to the TRUE POINT OF
BEGINNING.
The hereinabove described parcel contains 0.029 acres of land
more or less,
This legal description was prepared by me or under my direction in
e with the Land Surveyors
5-/5-%
" Dale A. Davis L-S. 5894
a e
7 ,- I SHEET 1 Of 4 SHEETS
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4
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€&?XElVED
MAY 16 1390
CITY OF CARLSBAD
O@JELoP. PROC SERV. DIV.
DALE A. DAVIS L s 5894 i rcFffs€ €xPrR€s 12/31 192
PROJECT NAME: PROJECT NO. EXHIBIT
MUffPff Y €AS€M€NT PLA T PR2.3.37
PORTION OF. THE SI/& sw 1/4 sw l/4 OF SECTIOhf 26
SEE SHEET 4
PROJECT NAME: PROJECT NO. EXHIBIT
MURPHY EA SE'Eff T PL A T PRZ.3.3 7
I
PROJECT NAME:
MURPHY EASEMENT PLA 7
PROJECT NO. EXHIBIT
PR2.3.3 7
October 2, 1989
Mr. Michael Murphy
630 Grand Avenue, Suite I
Carlsbad, CA 92008
Subject: Aviara Sewer and Storm Drain Extension
Dear Mr. Murphy:
As a follow-up to our recent conversation, please find enclosed plans and
right-of-way maps for the extension of storm drain and sewer lines throul
your family's property.
As we discussed, natural topographic constraints are such that the City actively supports the need to extend these facilities to allow gravity serv
of upstream properties. The proposed sewer easement will replace the se
easement that currently bisects your property and the storm drain system
will relocate and control drainage to optimally protect your lands from fut
storm runoff.
As we discussed, the City could not support installation of permanent pur
facilities to serv? these two purposes. Sewer pump stations are costly to
maintain and can create maintenance problems involving periodic nuisance
and pDtential public health concerns. A storm pumping station would, in
my estimation, be an impractical solution considering the magnitude of the
drainage basin. In addition, drainage pumping systems because of infrec
use are extremely prone to failure and ongoing maintenance problems.
The Engineering Department feels strongly that installation of the pipelint
facilities provides the optimum system. We are prepared to recommend to
the City Council the use of eminent domain to implement that solution.
Beyond these considerations, we want to do anything possible to locate
facilities in a manner acceptable to your family to optimize existing and a
future uses. I am at your service to discuss the proposed plans and an]
revisions you may wish to be considered.
2075 Las Palrnas Drive - Carlsbad, California 92009-4859 * (619) 438.
Mr. Michael Murp w W . October 2, 1989
4 Page 2
Time is of the essence, in the absence of further communication from you,
we will be proceeding with final design and implementation on October 21.
Again, feel free to call me anytime.
LBH:plg
m w
I City of Carlsbac
February 26, 1990
Mr. D.L. Clemens
Hillman Properties West, Inc.
2011 Palomar Airport Road #206
Car I s ba d , Ca I i fo r n ia 9 2 0 0 9
Subject: Murphy Easement Acquisition
Dear Larry:
I am in receipt of a copy of a letter from Mike Murphy outlining his posit
regarding sewer and storm drain acquisition crossing his family property.
The letter seems a clear beginning for negotiations and establishes a fram
work to resolve construction of these facilities.
I would suggest that to complete this process we need to refine the desig
and easement description along the preferred alignment and revise the en-
vironmental review as appropriate.
It would seem that agreement in concept adequate to allow construction co
and should be obtained quickly.
1 see no reason why this should not proceed quickly.
assistance, please let me know.
If I can be of any
LBH/pmj
c: Mike Murphy
Rinus Baak, PED Technologies
Walter Brown
2075 Las Palrnas Drive Carlsbad, California 92009-4859 - (619) 438-1 1
m W
.. &&&g* L4
63u 9d&,/&X
\-FB - 2 0 :990 && -6?d92008
(6f9) 434-42277
m4&
.sZ&A&n B? J*
February 8, 1990
RE: Final offer for accepting proposed sewer aiid storm drain
easement
Dear Larry Clemens :
We accept being a servient tenement to the alignment on proposed easement for a sewer and storm drain as discussed i Mr. Hubbs on February 6, 1990, attached hereto as exhibit lA,
shall grant this public utility easement contingent on and
exchange for the following:
1) Sewer and storm drain are to be installed contemporaneous
2) Desiltation basin is not to be located on the Murphy propc
3) Apex of the easterly slope remains unchanged
4) The granting of an easement for legal public access by Hilman, to Murphy at: A) Murphy's northerly property lint a point from where the proposed sewer/storm drain easemeni intersects Humingbird Lane, B) a point where the offer of dedication by Hilman to the city intersect the gate on
Murphy's westerly property line
5) A new paved driveway to be constructed to serve our home T
access off Humingbird Lane as referenced in your letter di August 15, 1988
6) Cash compensation for the additional five feet of easemenl
running from northerly property line south to intersectioi of east/west sewer
7) Cash compensation for square footage of land taken for st(
drain south of east/west sewer line
8) Cash compensation for square footage of land taken as a
result of grading and slope rights on northerly portion 01
proposed sewer and storm drain easement
9) Square foot value will be adjudged by an appraiser
10) Cash compensation to Gus Lougatos for crop loss and damagc incurred vis a vis construction of proposed sewer, storm drain, and attendant construction access easements
11) Cash compensation to Murphy for damages which otherwise w(
have been absent but for Hilman's importunities
12) Quit claiming by the dominant tenement Hilman, of all priT easements, to Murphy
13) Fill any areas between slope and spoil on east side of proposed easement
r e a
c *- &./&k* G+ II
..
14) Right to connect at any time to sewer and/or storm drains
15) A covenant to repair, prevent, and redress pecuniarily any
damages caused as a result of effusion from Hilman's stor
drain outlet situated under Xumingbird Lane north of Murph
northerly property line
deeds
16) All monies to be paid concomitant to the executing of the
All the above provisos have been non-absent for the past ye Should you accept this exchange, expeditiousness in adjudicat
the square footage and values could result in a pro] consummation.
Sincerely, A/&, & 4MP
Michael Kevin Murphy ?-
cc: Lloyd Hubbsg
Don Agatep
MKM/rm
.- -
0 0
b
. c - _.,- A\/ I A RA
March 12, 1990
Mr. Michael Kevin Murphy
McMurphy Developments
630 Grand Avenue, Suite F
Carlsbad, California 92008
Re: Sewer and Storm Drain Easement
Dear Mr. Murphy:
Since receiving your most recent correspondence dated February 8, 1990 on this subject, I have reviewed your proposal and spoken briefly with Lloyd Hubbs at the
City. I am writing to clarify the situation as of the moment, and to respond to thc
offer set forth in your letter, which introduced some new items not previously discussed between us (such as your new request for a paved driveway to your hous
As you know, the City is quite adamant in its desire for construction of both a sev
line and a storm drain line, in general locations of which you are aware, running
essentially north/south across the Murphy property. Those facilities would serve la
other than the Aviara project, including the new school which is currently under
construction north of Alga Road. They would also benefit the Murphy property,
particularly in the event of its development, with Murphy having connection rights.
As we understand it from Lloyd Hubbs, the City will insist that Aviara construct th utility lines and, since neither we nor the City owns the Murphy property, the City prepared (if necessary) to exercise its power of condemnation in order to acquire t
necessary easements.
agreement can be reached without having to resort to condemnation. We know th is the preference of the City. We believe that a fair agreement can be reached, ai
should be reached very quickly between us. This letter is written in an attempt to
advance that process to a successful resolution.
We are also under a condition from the City to have a desiltation basin. While wc
can (if necessary) live with the desiltation basin being on our property, it makes a '
of sense for it to be located on the Murphy property and that would be our
preference. We are prepared to offer you something in that regard, as discussed below.
We have made very clear to Lloyd Hubbs that we hope
I
'011 {>\iL>\i\l< \j~i,<>l,r KL>\L> >LIITI 206 c\Kl\t,\L> ~\lilOi<\l\ 020L~'~ (61'')Q,31-lloc' 1 \''n''''Q''--''i
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Murphy March 12, 1990
Page 2
We now hold the rights to an easement for sewer utility purposes running basical
north/south across the Murphy property. The location of that easement is not th best possible location preferred by the City, having in mind all relevant factors, fc
connection of the northerly land with the east/west sewer line which runs at the
bottom of the Murphy property. The proposed new location is well known to Murphy, as is the location of the proposed storm drain line to run north/south ac
the Murphy property.
The basic proposal, with which I believe we both agree, is that we relinquish bacl
Murphy the existing north/south easement for sewer in return for a grant by Mur
to us of the new easements necessary for construction, installation and maintenanc
the required sewer and storm drain facilities, as proposed by the City (assignable
the City). The question at issue seems to be what (if any) additional items oughi be given by Hillman to Murphy, or agreed to by Hillman for the benefit of Murp as an incident to that basic exchange. Murphy's letter of February 8 proposes a number of items, many of which are agreeable. I would like to discuss those iter
I think it would be helpful to break this discussion into two alternatives: (i) first,
deal which we believe to be fair and reasonable to both sides in order to
accommodate only the basic sewer and storm drain easements required, as discuss
with Mr. Hubbs and Murphy on many occasions; and (ii) second, other additional
matters to the possible interest of both parties.
I. Basic Easements for Storm Drain and Sewer. We would agree that the sewer
and storm drain line would be constructed and installed essentially contemporanec
subject only to any construction sequencing or might be dictated by the City whicl
would otherwise occur as a matter of common sense. This should address your p'
number 1.
We would concur with your point number 2 as to the location of the desiltation b' I believe that we also agree with your point number 3, leaving unchanged the ape: the easterly slope. I do want to be sure that we know what "easterly slope" you h
in mind, but I believe that we concur. (Please note that both points 2 and 3 wou
change under alternative XI, discussed below.)
We do not see the necessity for expenditure of the time or money which would bc
required to engage in the process of appraisal which you suggest, and which cuts
across your points numbers 6, 7, 8, 9 and 10. Frankly, we believe that the expenst the appraiser might well exceed the amount of any award. We would prefer to ag
with Murphy upon an appropriate sum. We believe, for example, that the real Val
of the land which we would be relinquishing back to Murphy exceeds the value of
Murphy land to be encumbered by the new easements, including any additional
footage which Murphy would grant in the proposed new locations, whether in widtl
length (Murphy points 6, 7 and 8). We believe that any compensation for crop lo!
e 0
*. 3.
Murphy March 12, 1990
Page 3
or other items embraced within Murphy's item number 10, would be modest. Rathe than haggle over this, we would propose to pay Murphy, in cash, upon these exchang
of easements, the sum of $30,000 which would be accepted by Murphy as full
compensation for any and all claims by Murphy. Frankly, we believe that this sum i
on the high side, but we are willing to pay it in order to save all parties the time a1 trouble of an appraisal process.
Concurrently, Murphy must also drop point number 11. Setting aside Murphy's wording. u to "importune" means, essentially, to make solicitations or demands with
urgency or persistence. If that is what we have been doing, it is because we, the Ci
and the School District are eager to move forward the process in which we are
engaged. To suggest that Murphy has been "damaged" by virtue of those requests is
spurious and we reject any notion that any extra amount should be paid for such a claim.
We would agree in essence with Murphy points 13 and 14. With respect to item number 13, that would be on condition that Murphy grant us the necessary easemen
or license to go on the portions of Murphy property necessary in order to accomplis
the work you request, and that the City grant all necessary permissions for
performance of that work in the area you request. It would be up to Murphy to
obtain such permission from the City.
As to your point number 15, we believe that the construction of the storm drain across the Murphy property would effectively prevent the sort of damage to which y(
are referring. Thus, there would not need to be a covenant of the sort you mentior because there would not be any drainage onto the Murphy property from our storm drain. We would clean up and repair any damage which has been caused by any
such drainage to date on the Murphy property at that location.
Any monies would be paid concurrently with the exchange of the fully executed deec
in both directions. That would satisfy Murphy point number 16.
11. Additonal Items. As to Murphy remaining items 4, 5 and 12, we believe that
those are not reasonable requests by Murphy in return for the basic exchange of
easements discussed above.
However, we are prepared to grant them as discussed below, in return for a couple other items which we would like to have (but which we are prepared to live withoul
if we must). The items which we would like would be that Murphy will concurrentl:
(a) grant Hillman a grading easement which I have discussed with you in a certain area along the easterly property line to the Murphy property (generally indicated on
the attached drawing, with the precise location to be determined by our engineers),
and (b) consent to and grant the necessary easement for the desiltation basin upon
the Murphy property as and where we have requested (and which we believe the Ci
would prefer). These would change your points numbers 2 and 3. If you agree, the
we will do the following:
0 0 . i*
Murphy March 12, 1990
Page 4
1. Construct the desiltation basin at our expense on the Murphy property (inclt the necessary land purchase at appraised value);
Grant an easement for access for the benefit of Murphy at the general locat
proposed in your point number 4, on condition that Murphy obtain any nece
approvals from the City.
Quitclaim back to you all of the other private easements across any and all
Murphy property which are now held by Hillman (Murphy point number 12)
and
Construct a paved driveway of reasonable size and design, and reasonable co to serve the Murphy house with access off Hummingbird Drive (your point
number 5). This would be on condition that Murphy obtain all necessary
permits.
2.
3.
4.
Michael, I reiterate again our strong desire to make a quick, reasonable, and fair (
and avoid the necessity of a condemnation proceeding. I suggest that you meet wi me at a date of mutual convenience this week, in the hope of resolving this. All
parties are interested in commencing the construction as soon as possible. Therefc
we would like to bring this matter to a head, and suggest that such a meeting is a
good way to do it.
I look forward to hearing from you in the next couple of days. \.-a4 c-
D.L. C1 e
Vice President/General Manager
DLC:kaa
Murphy.alk
cc: Lloyd Hubbs
c 4
6
April 25, 1990
Mr. D.L. Clemens
Hillman Properties West, Inc.
2011 Palomar Airport Road #206
Carlsbad, California 92009
Re: Murphy Easement Acquisition
Dear Larry :
In response to your letter of April 19 and recent conversations with Mikc
Murphy, it now seems appropriate that we proceed with construction unc a Right of Entry Agreement and that the City assume a lead role in the
acquisition process.
Mr. Murphy has reviewed the draft Agreement and has expressed no cor
cerns. To finalize the Agreement requires easement plats and descriptio
along with a plan. As soon as these final documents are in hand, I will
proceed to get them executed.
Finalization of plans and environmental documents would then be the fina
steps required to begin construction. Please give these your earliest at
tention. I will ensure expedited processing at this end.
In order to establish value of the easements, I will contact Tom Roberts
begin that process as soon as final descriptions are available. Based on
valid property and agricultural appraisal, an offer can be tendered to tt
Murphy family.
If you have any questions, please let me know.
LBH /pmj
c: Mike Murphy
Dick Freeland, Asaro E Keagy
Doug Helming
2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-1
e 0 .. i-
I
AVIARA April 19, 1990
Mr. Lloyd B. Hubbs
City Engineer
CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009
Re: Murphy Easement Acquisition
Dear Lloyd:
As you know from Michael Murphy's most recent letter on which you were copied, dated March 22, 1990, and my subsequent discussions with you, Mr. Murphy is beiI
quite adamant in his demand for compensation which we believe to be grossly
excessive.
Frankly, Lloyd, we are at a loss on how to deal with this problem. We know that
City wants the utilities constructed, and we know where you want them. Unfortunately, it now appears that there is probably no choice but to have the CiQ go ahead and condemn the property. As you know, we have spent considerable ti1
and effort in trying to work out a negotiated agreement with Murphy. We wrote h
a long and comprehensive letter on March 12, on which you were copied, in which offered him very attractive compensation. We were only doing that in the attempt
save everybody the time and trouble of going through the condemnation process its
and the process of value determination (perhaps necessitating appraisal) with respe
to the property taken.
I enclose herewith the draft of a letter which I contemplate sending to Mr. Murph:
However, before doing that, I wanted to run it by you. Obviously, I cannot speak
the City with respect to its cocdema:icn intentions, an=! I a.su!d cot send this lett in this form unless you tell me that the City is prepared to act in that regard. It
does seem to us, however, that we have run out of alternatives to a condemnation.
I would like to discuss this with you at your early convenience.
Sincerely,
i
LWf
D.L. Clemens
Vice President/General Manager
DLC: kaa
Attachment
Murphy0 1 .alk
2011 P\LO\IIK i\lRPOKT ROA@ SLIITL 206 CIKI\R\P C\II[OR\I\ 91009 (619)931-1190 F\Y (61Q)Q;1-7')5(
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DRAFT
Mr. Michael Kevin Murphy McMurphy Developments 630 Grand Avenue, Suite F Carlsbad, California 92008
Re: Sewer and Storm Drain Easement
Dear Michael:
Since receiving your letter of March 22, 1990, we have reflected upon the position you are taking. We have also discussed the situation with Lloyd Hubbs at the City
It continues to be our understanding that the City is most eager to have us proceec
with the construction of a sewer line and storm drain line in the general locations 1
which you are aware.
We have spent a lot of time and effort in an attempt to reach a negotiated agreement with you for acquisition of the necessary right-of-way for the utility lines
In our letter of March 12, we offered to approach that in two different alternative
fashions with you. I need not reiterate the details here. You have rejected both c
those offers.
The "counter-offer" you communicated in your letter of March 22, as we understanc
it, proposed compensation in the sum of $380,000.00 paid to McMurphy Developme in return for a grant of the right-of-way required by the City for the sewer and stoi
drain easements.
We believe the amount you have requested to be grossly in excess of any award to
which the owners of the Murphy property would be entitled in light of a
condemnation with respect to the necessary property. You either believe otherwise or you believe that a substantial premium (equal to the differential ) ought to be p
in order to avoid the process of condemnation and value determination pursuant
thereto.
While we would wish to avoid the process of condemnation, your position has
basically left us with no choice. We are not prepared to pay the substantial premii
which you are requesting, merely to avoid the process. We have advised Mr. Hub1 of that.
Accordingly, if the City is to have the sewer and storm drain lines constructed as a
where they have indicated they do, it appears there will be no choice but to
commence the necessary condemnation proceedings. In that event, it is our
understanding that possession of the necessary land can be achieved quite readily.
the extent that you are not able to agree upon a negotiated price, then a procedur
for valuation and price determination may take longer, but that should not hold up
acquisition of the right-of-way.
e e
i >*
Mr. Michael Kevin Murphy McMurphy Developments
April 19, 1990
Page Two
Notwithstanding your intransigence, we would still be prepared to proceed with you along the liens of either alternative suggested in our letter of March 12, 1990.
However, unless we hear from you affirmatively with respect to one of those two alternatives by the close of business on April
remained constant in your rejection of both of those alternatives.
Sincerely,
, 1990, we will assume that you ha.c
D.L. Clemens
Vice President/General Manager
DLC:kaa
cc: Lloyd B. Hubbs
a A. HUhbS
3 _r ' T
AVIARA ECEIVED
MAY 08 1990
CITY OF CARLSBAB E~UGI NEEM PIG DEPAWTMENf May 4, 1990
Mr. Michael Kevin Murphy Mchlui-phy Developments 630 Grand Avenue, Suite F Carlsbad, CA 92008
Re:
Dear Michael:
Since receiving your letter of march 22, 1990, we have reflected upon the position
are taking. We have also discussed the situation with Lloyd Hubbs at the City. It continues to be our understanding that the City is most eager to have us proceed 7 the construction of a sewer line and storm drain line in the general locations of wl
you are aware.
We have spent a lot of time and effort in an attempt to reach a negotiated agreement with you for acquisition of the necessary right-of-way for the utility lines In our letter of March 12, we offered to approach that in two different alternative
fashions with you. I need not reiterate the details here. You have rejected both ( those offers.
The "counter-offer" you communicated in your letter of March 22, as we understan
it, proposed compensation in the sum of $380,000.00 paid to McMurphy Developmi
in return for a grant of the right-of-way required by the City for the sewer and sto drain easements. Your "counter-offer" is not acceptable, and I have advised Mr.
Hubbs of that.
Accordingly, it is my understanding that you are currently working with Lloyd Hub;
to allow for construction access in order to complete the construction of the sewer
and storm drain facilities. Lloyd has also ordered the necessary appraisal work to determine value of the easement areas and damages, if any.
Sewer and Storm Drain Easement
2011 P\LC)\I\R AIRPORT ROAD SUITE 206 c \RLSRhD C\LII OI<\l\ 91009 (619) 931-1190 FAX (OlQ)*31-7Q5
0 0 .; - ! *
Mr. Michael Kevin Murphy May 4, 1990
Page 2
I am hopeful that we can continue to discuss the compensation matter and other
potential negotiations after the appraisal is received.
Meanwhile, thank you for your cooperation with the City to grant construction act
Sincerely,
*\ DL. Clemens
Vice President/General Manager
DLC/lao
cc: Lloyd Hubbs
Don Agetep
sewer.alo
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4- dkd92008
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May 24, 1990
Lloyd B. Hubbs
2075 Las Palmas Drive
Carlsbad, California 92009-4859
RE: Right Of Entry Prior To Offer Of Compensation
Dear Mr. Hubbs:
Thank you for your letter and proposed Right of Entry documc
dated May 21, 1990. These documents occasion untenability
the servient tenement.
We do not controvert signing a Right of Entry; however, agrec to the Right of Entry should be subsequent to any entitlement
accepting an appraisal and offer of compensation for damas
land taken and crop loss. It is our opinion your documents pl
facie violate due process and are out of order.
Why would the city want the privilege of taking possession Murphy's land, constructing devices for the public's benej notwithstanding the absence of precedently offering reason; compensation to Murphy?
Sincerely,
$A+ .yo-."i
Michael K. Murphy
MKM/yrm
cc: Larry Clemens Hillman Properties
Michael M. Murphy, esq.
Don Agatep
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June 14, 1990
MacFarlane and Associates
9320 Carmel Mountain Road
Suite D
San Diego, California 92129
RE:
Dear Mr. MacFarlane:
Thank you for your offer dated June 7, 1990, received June
1990. We believe there is evidence to support a disparate ve
per acre and acreage taken than what is represented in y letter dated June 7, 1990.
We suggest you ameliorate your appraisal to collaborate with k
recent sales and acreage. Furthermore, your offer omits v2
for crop loss and damages.
We expect the courtesy'of reviewing the appraisal which prodL
$175,000 per acre and an explanation of improvements ($6,320.
as referenced in your letter dated June 7, 1990. Please forb
us a copy.
Sincerely,
Counter to City's Offer of Compensation
Michael @&*ye? K. Murphy
MKM/yrm
cc: Lloyd Hubbs 1
Don Agatep
Michael M. Murphy, esq. Larry Clemens, Hillman Properties
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June 18, 1990
Richard R. Freeland
Fourth Floor
3170 Fourth Avenue
San Diego, California 92103
RE: Impasse in Negotiations
Dear Mr. Freeland:
Thank you for your letter dated June 12, 1990, received June :
1990, regarding Alga Road, sewer and storm drain easement.
The City and/or Hillman Properties have had the opportunity j over 17 months to prepare a reasonable offer, which on June :
1990, we received a propinquitiously reasonable one. Now 1 davs later, receiving your letter on June 13, 1990, you writ
"We have apparently reached an impasse in the negotiations ...I1,
It is interesting to know that Asaro and Keagy have a mer1
andrew as an associate of theirs.
Thank you for your courtesy.
Sincerely,
&A& +p ? Michael K. Murphy
MKM/Yrn
cc: Don Agatep
Lloyd B. Hubbs L.''
Larry Clemens
Michael M. Murphy, esq.
6.
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May 21, 1990
%r. Mike Murphy McMurphy Developments
630 Grand Avenue, Suite I
Carlsbad, California 92008
Subject:
Dear Mike:
Please find enclosed the final Right of Entry ,4sreernsr,t and the Fast
recent Improvement Plans for the sewer and storm drain construction.
Upon execution of this Agreement, I will initiate final appraisal of the
property. As we discussed, I would hope that just compensation coui(
be resolved within two months. Construction on the sewer line would
likely begin within a month.
I would appreciate it if you could have this doctiment signed and nota
ized this week.
If you have any questions, please give me a call.
Murphy Property Drainage and Sewer Easements
c+$i a 1 l$&
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LLOYq B. UBBS
City Engineer
LBH/pmj
Enc.
c: D.L. Clemens, HPI
2075 Las Palmas Drive - Carisbad, California 92009-4859 - (679) 438.
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The enclosed letter is regarding Agenda Bill
10,676 for July 10, 1990, eminent domain
proceedings for sewer, water, and drainage
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ASARO & KEAGY
AlTORhJEYS AT LAW
FRANK L. MAR0 FOURTH FLOOR
ROSCOE D. KEAGY
RICHARD R. FREELAND
3170 FOURTH AVENUE
SAN DIEGO, CA 92103
TELECOPIER (619) 299-4268
STEVEN A. McKINLEY TELEPHONE (619) 297-3170
ARNOLD NEWS, JR.
STEVEN M. SHEWRY
WILLIAM J. HEALY
GARY L. SIROTA IN REPLY REFER TO:-
November 27, 1990
Vincent F. Biondo, Jr., Esq.
City Attorney City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RECEIVED
NO 2 9 1990
ci owAR&&AO
ArnOR&W
~
RE: City of Carlsbad v. Delorm. et al.
Dear Vince:
Enclosed are County of San Diego warrants #04- 42968 and #OL
642967 payable to the City of Carlsbad in the sums of $1,200.00 ar
$417.11. These checks respectively represent the amount on deposj
with the court and interest accrued on the amount deposited wit
the court by Davis Developments in the above-captioned matter.
We are also enclosing a copy of the Final Order c
Condemnation which was recorded on November 2, 1990. Please fec
free to call me if you should have any questions.
Very truly yours,
ASARO & KEA 0 ichard R. Freeland
Enclosures
cc: Mr. Lloyd B. Hubbs Mr.. William K. Davis
Davis Developments
1420 Bristol Street #lo0 Newport Beach, CA 92660
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.. 90 597613 i
-*- 1182 VINCENT F. BIONDO, JR.
City Attorney, City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
(619) 438-5531
WHEN RECORDED RETURN TO:
F v;w~Tu ;- (!?E7 ..- ~ 1- .
OCT 291s .- +. -_-
1 f‘”F ROSCOE D. KEAGY, ESQ. pit rz-
RICHARD R. FREELAND, ESQ. ASARO & KEAGY
3170 Fourth Avenue 4th Floor
San Diego, CA 92103
(619) 297-3170
Attorneys for Plaintiff CITY OF CARLSBAD
RECEIVED
N*V 2 n 1990
dns’d.- -.---..*o-
r-
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, 1 NO. N 35128 1
Plaintiff: 1
)
V. )
)
ROBERT DELORM; 1 K. E. EBRIGHT; CALIFORNIA 1
FIRST BANK; HOME FEDERAL SAVINGS 1
& LOAN ASSOCIATION OF SAN DIEGO, 1 a Corporation; SAN DIEGO GAS 1 & ELECTRIC COMPANY; and DOES 1 ) through 50, Inclusive, and All 1 Persons Unknown Claiming an Interest )
in the Prcpern Described iii ‘uia
)
Defendants. 1
)
FINAL ORDER OF
CONDEMNATION
; Complaint,
It appearing to the Court that judgment in condemnati
been entered in the above-entitled action on et- 5,
adjudging that Plaintiff is entitled to take by condemnati
property described in Plaintiff’s Complaint on file herein ar
fully described hereafter and in accordance with this jud
JUDGE: 0ELORM.FO (lo0490) 1
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1183
Plaintiff has paid the sum of money due the Defendants e
thereto;
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND 1
that the real property and real property interests situated
County of San Diego, State of California, and more partic
described in Exhibit "A" attached hereto and made a part her!
condemned to Plaintiff to provide road easements, slope ea!
and drainage easements for Palmer Way and the Barbour Coni
easterly of El Camino Real and to construct roads, slopgs, dl
facilities and related appurtenances within said easeme
conjunction with the development known as Carlsbad Gateway
in the manner proposed by Plaintiff in furtherance of pub1
general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a cer
copy of this Order be recorded in the Office of the County RE
of the County of San Diego, State of California, and ther
title to said property described herein shall vest in Plaint
Dated: QCT 231990 KE\d%d muM
Judge of the Superior Court
APPROVED AS TO FORM:
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me fsitgdq istnmmt kafurltraamdaPm ENDEMAN, LINCOLN, TUREK & HEATER opy of tte wg~nal on file in this office.
Rttt!
KENNETH E. MARTONE
Lierk (11 the '3upmu Ccurt of ths State of Catifom
OCT 221990
Attorneys for Defendant ROBERT DELORM
JUDGE 0ELORM.FO (100490) 2
0 : 0 -
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1134
t EXH~BIT "A" . 84136
05-06
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LEGAL .DZSCRIPTlON
DE LORM P.ROPEBTY
. ROAD EASEMENT
That portion of &t B of the Rkho Agua Eedionda in the Ci& of Cerlsbad, County of San Diego, State 6f California, es shown on Map No. 823 in the oftic( of the County Recorder of said County lying within that certain 11.00 acre puc of land 8s shown on Record of Survey Mep No. 10421 in the office of seid Coun4
Recorder described in Parcels as foliows:
Parcel 1: Commencing at the Southwesterly terminus of thet cert2in couse shown es "South 75"35%4" West 845.84 feet" for a portion of the Southeesterly he of said 11.00 acre parcel of land; thence North 75"35r44w Zest 670.98 feet . along said Southeesterly line to the TRUE POINT OF BEGINNING; thence Nortl
6494'16" West 464.i9 feet to the beginning of a -gent curve, concave South- westerly, having a radius of 662.00 feet; thence Northwesterly 43.25 feet dong sdd curve through a centrel angIe.of 3'44'35" to the beginning of a compound curve, conczve Smztheesterly, having a radius of 20.00 feet; thence Northwestel
hid Southwesterly 29.61 feet dong said curve though e central angle of 84'48'4
398.00 feet; thence .Southwesterly 216.54 feet dong s&d curve through a centra
angle of 31?0r23n to a line pardel with and Southeesterly 76.00 feet from the
most Northwesterly line of Ad 11.00 acre parcel; thence South 58"r2'45" West 101.74 feet dong said parael line to the must Southwesterly line of said 11.00
acre parcel; thence dong said Southwesterly line and said Northwsterly line,
the following courses: North 2lo3Z13Sn West 77.23 feet and-North 58"l2'45" Eest 396.77 feet to the beginning of a non-tangent curve, concave Southwesterly,
* having a radius of 738.00 feet, 8 radial to said curve bears North 23°52r38w at,
said curve being concentric with and Northeasterly 76.00 feet from that certain curve described above as being concave Southwesterly and having a radius of
662.00 feet; thence Southeasterly 22.13 feet'along said curve through a central angle of 1°43t06w to a line parellel with and Northeasterly 76.00 feet from that certain course described above 8s "North 64°24t16n West 464.19 feet"; thence South 6494'16" Eest 464.19 feet along said Iest mentioned parallel Line to the beginning of a tangent curve, concave Southwesterly, having a radius of 418.00 *
feet; thence Southeasterly 81.62 feet along said curve thr0ugh.a Cent& angle Of
11"rlt28" to said Southeasterly line; thence South 75°35t14n W&t 205.88 feet along said Southeasterly line to the &me point of beginning.
Psrcel 2: Commencing at the Southwesterly terminlrs of that ctrtdn course
shown as "south 75835T44n Wpct 845.84 feet" for a portion of the SouthPssterly line of said 11.00 acre parcel of land;.thence North 7j03Y44" Est 610.98 feet
along said Southeesterly line to the beginning of a non-tgngent cuve,
e.
r ._
e to the beginning of a.reverse curve, concave Nocthwesterlg, heving a radius of
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I
LEGAL DESCRlPTlON-CONTINUED 1185 84136 ROAD EASEMENT DE LORM PROPERTY PAGE TWO i
05-06-8
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concave Southwesterly, having a radius of 342.00 feet, a radial to said point'.
bears North 25'3S44" Est; thence Southeesterly 296.22 feet along said curve + through 8 centrd angle of 49037f33R; thence South 14°46'43w Eest 173.01 feet to the beginning of a tangent curve, concave Westerly, having a radius of 962.00 feet; thence Southerly 35.28 feet along said curve through 8 central angle of
2°06t04" to e Line parallel with and Westerly 38.00 feet from the Easterly Line of Pucel I es shown on Parcel Map No. 10060 in the office of said County Record4
thence South 12'40r39" East 65.00 feet along said paralllel he; thence South
14"3S1Zm Est 60.03 feet to' the Northwesterly corner of the land describa in
the deed to the City of Carlsbad recorded May 11, 1982 as File No. 82-139475 i the office of said County Recorder; thence North 7799'21" East 36.00 feet don the Northerly Line of sgd last mentioned Land to a point on the Eesterly Line of said Parcel 1, said poht being the TRUE POINT OF BEGINNING; thence North
12'40r39" West 479.18 feet dong said Easterly he to the beginning of 3 non-: tengent curve, concave Southwesterly having a radius of 418.00 feet, said curve
beir.?.? concentric with and Northeesterlg 76.00 feet from that certain curve describied above es being concave Southwesterly and having a radius of 342.00 feet, e radiel to said curve bears North 55'01'49" =;.thence Southeast'erly 247.30 feet dong said 'curve through. 8 cenld mgle of 20.?1'28"; thence South
14'46'43" mt 173.01 feet to the beginning of a !engent curve, concave Westzrk having a radius of 1038.00 feet; thence Southerly 38.06 feet along said curve.
through a central agle of Zo06Wn to B Line pardel with and Eesterly 38.00 fee from said mterly line; thence South I2'4Ot39" Eest 65,OO feet dong said lest
mentioned perzllel line; thence South lO04V06" Eest 60.03 feet to a line parduel
with and Eesterly 36.00 feet from seid Easterly line; thence South 12"40'39" Zes
7.59 feet dong said lest above mentioned getallel Line to the'begbhg of a w curve, concave Westerly, heving a radius of 336.00 feet, said curve being the Northerly continuation of that certain curve shown es being concave Westerly. end having a radius of 536.00 feet for the most Westerly Line of Parcel 2 as show
OR ?e-cd Mep No. 11573 h the office of sgid County Recorder; thence Souther1
3.61 feet along said curve *Lhrough a central angle of 0?23*1Om to the mokt South line of said 11.00 acre parcel; thence North 85'22'52" West 37.69 feet dong said most Southerly line to the true point of beginning.
Subject to covenants, conditions, reservations, restrictions, rights of -way and .
eesernents, if any, of record.
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1186
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08 L. EXHIBIT "A"
LEGAL DESCRIPTION SLOPE EASEMENTS DE LORM PROPER=
That portion of Lot B of the Rancho Agua Hedionda, in the City of Carkba
County of San Diego, State of California, as shown on Map No. 823, in the of the County Recorder of said County, lying within that certain 11;OO acre
Of kind as shown on Recor'd of Survey Map No. 10421, in the office of said ( Recorder, described in parcels es follows:
Parcel Ar Commenchg at the Southwesterly terminus of that certain cou shown as "South 75035r44ff West 845.84 feet* for a portion of the Southeate iine of said 11.00 acre parcel of land; thence h'orth 7595'44" East 670.98 ft
along aid Southeasterly line to Point "An, said point being the TRUE POm BEGINNING; thence North 64?4r16n West 464.19 feet to the beginning of a curve, concave Southwesterly having a radius of 662.00 feet; thence Northr
43.25 feet dong said curve through a central angle of 3'44'35" to the begim of a compound curve; concave Southeasterly having a radius of 20.00 feet; Southwesterly 29.61 feet along said curve thi.ough e central angle of 84O48tI the beginning of a reverse curve, concave Northwesterly having a radius of feet; thence Southw&terly 216.54 feet dong'said curve through R cemtrai a of 31"rOt23" to a line parallel with and Southeasterly 76.00 feet from the rn Northwesterly line of said 11.00 acre parcel; thence South 5S"lZr4S" West 1
feet along said pardel Iine to the most Southwesterly line of said 11.00 ac~ percel; thence South 21%P35" East 42.00 feet dong said mwt Southwester1
line; thence North 16°01'326 East 16.40 feet;-thence North 48"0748w Eest I! feet to the beginning of a non-tangent curve, concave Northwesterly having radius of 405.00 feet, said curve being concentric with and Southeasterly 7. feet from that certain curve described above 83 being concave Northwester and having a radius of 398.00 feet, a radial line to said curve bears South 3! East; thence Northeesterly 162.36 feet along said curve through a central a of 22'58r10" to the beginning of B revwe curve, concave Southeasterly hav radius of 12.00 feet; thence NortheastetlF 17.87 feet dong sed curve throv central angle of 85"19t59m; thence South 61020'29" East 125.75 feet; thence
6152'20" East 339.52 feet; thence South 15%45SW West 14.27 feet to said S easterly line; thence North 75e355'44* East 53.00 feet along said Southeaster
Parcet 3: Commenchg at Point "AH described above; thenie North 7595'4
East 105.88 feet along said Southeasterly line to the TRUE POINT OF BEG1 thence continuing North 7595'44* East 10.00 feet along said Southegsterly I thence North 54°51146n West 39.31 feet; thence North 65"33'Olff West 50.01 :
thence North 59'4P38" West 62.20 feet; thence North 65%12" West 135.03 thence North 67048'39" West 84.16 feet; thence North 59~lt51" West 164.79 thence North 33050'18" West 25.86 feet to said most Northwesterly fie; the South 58"12t45n West 35.00 feet along said most Northwesterly line to the bl
Line to the true point of beginning. ..
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841 3 1187 06-1 LEGAL DESCRIPTION-CONTINUED SLOPE EASEMENTS DE LORM PRPPERfl PAGETWO La
of a non-tangent curve, concave Southwesterly having a radius of 738.00 feet said curve being concentric with and Northeasterly 76.00 feet from that cert curve described above as being concave Southwesterly and having a radius of
662.00 feet, a radial line to said curve bears North 23°52138w East; thence Sot eesterly‘22.13 feet dong said curve through a central angle of 1*43106w to a 1: parallel with and Northeasterly 76.00 feet from that certain come described
above BS “North 64”24?1Sn West 464.19 feet“; thence South 64%4116w Ekst 464 feet dong said parall4 Une to the beginning of a tangent curve, concave Sou
westerly having a radius of 418.00 feet; thence Southeasterly 81.62 feet don said curve through a central angle of 11?1’18n to the true point of beginning(
Subject to covenants, conditions, resetvatfons, restrictions, rights of way anc easements, if any, of record. .*
RESERVING unto grantor of the above described parcel of land, suc.cessor8, or assigns, the right to eliminate such -slopes
portion’s thereof, when in the *written opinion of the CITY CARLSBAD/CITY ENGINEER of Grantee, the necessity therefore
removed by substituting other protection and support, provided I substitution is-- first approved in writing by said CITY
CARLSBAD/CITY ENGINEER(S).
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March 24, 1992
TO: City Clerk
FROM: Acting City Attorney
CITY V. MICHAEL MURPHY - CASE NO. N48064
Attached is a copy of the Final Order of Condemnation, recorded or
March 17, 1992 as Document No. 4992-0146085 in the above referencec
case. &A& RONALD R. BALL
Acting City Attorney
rmh
attachment
c: City Engineer
(with attachment)
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@ ORIGINAL I1F THIS DOCUflENT
DDCUJIENT NUFIEER 1992-0146065.
fAN DIEGO COUNTY RECORDER’S OFFIC
145 RECORDED ’ON li-MAR-19E 9
ANNETTE EVANS 7 COUNTY RECORDER
e .-
RON BALL, Acting
City Attorney
1200 Elm Avenue
Carlsbad, CA 92008 f? (619) 438-5531 il-l c/,,, %!&Q& nr , 4
0- : &&.Q WHEN RECORDED RETURN TO: .I,?, %.y? @] ASARO & KEAGY, Special Counsel 446 J a w!lq
By: ROSCOE D. KEAGY S,? D h ’992
J%q
By: RICHARD R. FREELAND . “64Pb7,
1, F Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(61 9) 297-31 70
Attorneys for Plaintiff CllY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CUFORNIA
FOR THE COUNIY OF SAN DIEGO
CITY OF CARLSBAD, a 1 NO, N 48064
Municipal Corporation, 1
1
Plaintiff, ) 1
1 HOWARD F. MURPHY, et al. I
1 1 Defendants. 1 1
V. 1 FINAL ORDER OF CONDEMT
It appearing to the Court that judgment in condemnatio
been entered in the above-entitled action on FaT 14, :
adjudging that Plaintiff is entitled to take by condemnatioi
property described in Plaintiff’s Complaint on file herein and
fully described hereafter and in accordance with this judg
Defendants have received the sum of money due;
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND BE
that the real property and real property interests situated i
County of San Diego, State of California, and more particu
JUDGE MURPHY.FO po60.02 (021092) 1
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described in Exhibit "A" attached hereto and made a part herec
condemned to Plaintiff for the purpose of the "Alga Road Sewer/
Drain Easement" in the manner proposed by Plaintiff in furthe
of public and general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a cert
copy of this Order be recorded in the Office of the County Bec
of the County of San Diego, State of California, and there
title to said property described herein shall vest in Plainti
Dated: MAR 1 3 1993 53NAiD L. JOHNSON
Judge of the Superior Court
APPROVED AS TO FORM:
RON BALL, Acting City Attorney ASAXO & KEAGY, Special Counsel
Q R- -yA F By: flQ " Richard R. Freelany Attorneys for plaintiff
GOEBEL & SHENSA
I
BY: v-/t
Louis E, Goebwl
Attorneys for Defendants
JUDGE: MURPHY.FO PO60.02 (021092) 2
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8
EXKIBIT 9%"
LEGAL DESCRIPTION
GEXERAL UTILITY AND ACCESS EASEMENT
'Being a portion of the SOU- fialf of me Souttwest barter of
the Southwest queer of Section 26, and the North 20. acres of lot 1 in Section 35, Township 12 Soutk, Range 4 West. S~R ~ernardino Base and Meridian, in the City of Carlsbad, County of Sa DiegU, State of CdLifornia, according to Official Plat
thereof, being more particularly Cescribed as folLous:
commencing at the ~ortheast cornk of tfie SO- )~a~f af the
southwest ~wrter of the Southwest quarter of said Section
26: thence along the North line of saict Soatk half of the
Southwest quarter of the Southwest quarter, North 8Sf5ft37"
West, 124-71 feet to the TBW WIHT 02 BEG-G; thence leaving said Nom line, Sauth 10'54r45m West, f89.40. feet: tkence Soutk l1'17'38* West,- zTg.81, feet; aence South
17'57'49* East. 164-25 feet: thence Soatb 29'54rUrr East.
312-29 feet to a. point on the Easterly line of said Lot 1;
mace along said Easterly line South 00'3Up14w West, ILUCJ feet: thence leavbg said Easterly line South oCeUpDa West,
202.55 feet; mace South 83.48'41" East. U-00 feet: thenceo South 06°11pL9m West, 80.00 feet: thence North 83'48'41"
West, 7'7-00 feet: thence NorC& 27°05r1L" East, 58-87 feet; thence South-83'48'41m East,'3.00 feet; thence North
06'Ur19* East, 223-97 feet: thence North 29-54'U- West,
305-29 feet: thence Nom L?'S?'49* West, 178.87 feet; thence North ll'L7'38* East, 227.88 feet: thence Narth 07'22'31'*
East, 185-96 feet to a pohC on the North line: of the Soutfr half of tbe Southuest quarter of the Soathwest quaree of said Section 26; thence alung said Nartk Line, South
88-55rnn E-, sz.oa feet to the TRUE POINT OF BEG~NNINC,
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The hereinabove describd parcel contains 1-3.45 &es of land nore ur less-
This legal description was prepared
by me or under my direction in c conformance with the Land Surreyors
Acts in y 1990.
Dale /&L& A- Davis
- 5-/575
LIS, 5894
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by ne or under my direction in o
4 0 5/02/9O*ENl28,1(
.300,1O*sV IB
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-BIT @'lite . -. .-
LEGAL DESCRIPTION
SLOPE EASEMENTS
Being a portion of the South half of the Southwest quarter of the Southuest quarter of Section. 26, and the North 20 acres of lot I Fn Section 35, Township I2 South, Range 4 West, Sa Bernardino Base and Meridian, in the City of Carlsbad; County of San Diego, State of Gtlifoda, according to Official Plat thereof, being more particularly described as follows: -
.
PARCEL fB
commencing at the ~ortheast cam& of -e south WP of me Southwest quarter of the Southwest quarter of said Section
26: thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88*55'37*
West, 576.72 feet to the TaDE 'POINT OF BEGIbWIIQG; thence
leaving said North line, South 07'22'31- West, 181-96 feet:
thence No- 03'2L84lm West, 181-40 feet to a point on the
Nom line of said South half of the Southwest qucter of the-
Sout?rwest quarter of said Section 26: thence along said No- line, South 88'55r.37* East, 34.00 feet to the TZRE Porn OF BEGINXSG,
The hereinabove described -el contains 0,071. acres 0% -land more or less,
PARCEL IC
commencing at tbe Northeast corner of Iot I of sai& Section
35: thence dong the East line of said lot I, Souttz 00*3U'19m
West, 461-84 feet; thence leaving said East line, North
83'48*41* West, 92-U feet to the TRUE POINT OF BEGXNNXNG; thence North L0'3Q'OQW East, 54.00 feet: thence North 67'28'lI" West, 40.00 feet; thence North 00'3U419m East,
20-00 feet; thence North 76'29°SUrr East, 46-63 feet: thence
Nore 10'30'04w East, 178-46 feet; thence Sou- 89'29'41"
East, 3-00 feet; thence South 06'11'19w West, 223-97 feet: thence North 83'48'41" West, 3-00 feet; thence South
27'OS0LLN West, 58.87 feet to the TRUE POINT OF BEGINNING-
The hereinabove described parcel contains 0-101 acres of land more or less,
~ - -- ,.-" -- .,
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PARCEL xn
Commencing at t!le Northeast corner of lot I of said Section
35; thence along the East line of said lot I, SOUWI 00'30'14n
West, 177.89 feet: TRUE POIXT OF BEGINNING; thence continuing along said East line, South 00'30°19f* West, 283.95
feet;. thence leaving said East Line, NoP& 83'48'41'@ West. 15.U feet: thence North 06'11'19" East; 80.00 feet; thence
North 83'48'41n West, 13.00 feet: thence Nortk 06*IX'19m East, 202.55 feet to the TRUZ POINT OF BEGZNNING.
The hereinabove described parcel contains 0.067 acres ef land mare or less,
This legal description uas prepared
by me or under my direction in Land surveyors
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LIS. 5894
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EX&TBIT '*As*
LEGAL DESCRIPTION TEMPORARY CONSTXJCTION EASI3E"S
~ahg a portion of the Sou& half of the Southwest quarter sf
the Southwest quarter of Section 26, and the North 20 acres
of lot I in Section 35, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the city of carlsbad., county of San Diego, State of California, according to Official Plat thereof, being more paz-ticularly described as follows:
PARczL IE
Cbmencing at the Northeast corner of the Soutk half of the ~outhwest quarter of the Southwest quarter of said Section
26; thence along the North me of said So- half of the
Southwest quarter of the Southvest mer, North 88'55'37"
West, 109.49 feet tu the TRDE POI= OF BEGISMIXG; thence leaving de NoL-'lXne, South 10°54'45w West, 192-05 feet; thence South 31'17'3BW West, 214.44 feet: thence South
17*57t49m East, 158-77 feet: thence South 29'54'11* East,
285-L7 feet tu L point on the Easterly Line of said Lot I; thence dong said Easterly line South 00'30r19e West, 29.63 feet; tbence leavhg said Easterly line North 29'54'U~ West, -
3U.29 feet: thence Horth L7'57'49w West, 164.25 feet; thence North 11'17'38* East, 218-81 feet; thence North 10'S4'45n East, 189-40 feet to a point on the North IFne 0% said South half of the Southwest quarter of the Southwest parter; thence along said North line, South 88e55t37w East, 15-22
feet to the TRUE POINT OF BEGINNING-
The herehabove described parcex contabs 0-299 acres of land more or less,
P
PxRcELzr
Camm~cinq at the Nort=heast comer of *Lhe South half of ?=he Southwest quarter of the Souehwest quarter of said Section
26; thence along the North line of said South half of the Southwest quarter af *&e Southwest quarter, North 88'55p377*
West, 210-72 feet to. the TRDE POINT OP BEGINXIHG; thence leaving said Nortk line, thence South 03'21'41w East, 181-40
feet; thence South ll'l?'38* West, 227-88 feet; thence South
1?'5f'49w East, 153-87 feet to a paint hereinafter referred
to as Point *A*: thence South 66'O4'0Om West, 15.08 feet; thence North 17'57'44" West, 159~36 feet: thence North
U*17'38* East, 229-87 feet: thence No- 03't1'41rr West,
180-64 feet to a poht on. the North line of said South half of the Southwest quarter of the Southwest quarter; thence along said No* Ibe, South 88'55'37" East, lS-OS feet te
the TRUE POINT OF BEGX-G.
The hereinabove described parcel conwins 0,195 acres of land
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mere or less.
PARCEL ZG
Commencing at ?zze hereinabove described Point "Am; thence
South 17'5f'49n East, 25-00 feet; thence South 29'54'11~~
East, X50.00 feet to the TRUE POINT OB BEGI-G; thence south 29'54'1IW East, T55-29 feet; thence North 89'29'41"
West, 3-00 feet: thence South 10'30'04w West, 178.46 feet: thence South 76'29rS0m West, 16-42 feet: thence North
10*30'0Qn East, 183-61 feet; thence North 29'S4rl.1n West,
145.21 feet: thence North 6U'05p49m East, 15-00 feet %a the TRDE WIXF OF BEGINNING.
The hereinabove describect parcel contains 0,114 acres of land more or less-
,
PARCEL =
commencing at the Northeast corner of said lot 1 of Sect' rlOR -
35; thence along the East line of said lot I, South 00'30'19b
West, 461-84 feet to the TRDE PO= OP BEGIXXING; thence continuing along said East line; South 0U'30'19a West, 15-09
feet; thence leaving said East lbe, NaP& 83'48'41m West,
83-61 feet; thence No- 06'UeDm East, 15.00 feet; thence
South 83'48f41* Zast, 82-12 feet to the TRITE POINT- OF
BEGX"G,
The hereinabove described parcel contains 0,029 acres of land- more or less,
This legax description MS prepared
by me or under my direction in
ce with the Land Suzveyors
5-/590 LIS, 5894 *
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