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HomeMy WebLinkAbout1990-07-10; City Council; 10706; Sewer, Water & Drainage Easementsti 9 v- I Cdw+ r- m N N I 0 o\ d rd -5 * c-4 N I 0 cn cn g 2 -5 a 0 cd 2 z 1 cn 0 r( cn aJ u a rl *rl V 0 .. 1 b z 0 F 0 a 1 0 z 3 0 0 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. I .. h 0 0 7 J 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. j .- 0 e P !-- 7 Scale 1" -2000' I. Q. A 7 *c w I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. /// - A 7 -" -r 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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). /// /// /// /// ,. /// /// - A 1 *- e 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m 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. - 0 0 1 T 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? - ,. -2- - e 0 1 r 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? - ,- -3- - e e 1 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 -4- - w 0 1 a I -_ 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? ” - -5- v 0 1 f ’ *_ 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. * -6- w 0 . 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. -7- w 0 > ~ - - 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. ” -8- w a 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 -9- w 0 . -- 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. # -10- w 0 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. -11- w m , &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. c, i ature fhb 5.lkwv yiisi,' flw OlMWW o+ PWrJI+ AJ\& bo ASS~LI~ CDD:lh # -13- < -_ (3 0 m I 5 w Page 1 of 1 CLQ) rc Lrc E -r or 0 La 0 0 a4 a- c, V 0 m- *E c c, -r - c,L Q) m v)r sn v)L UaQC *a m Y .- a wmco "n Ts wm L3Q) 03 E Ov)Lu)I+ L-r LL L -- c, 0-0 om no rcc, vc, v) Q) v)- -T).r c 0 ? -r LA* =V- a3 c, Q) cc,m g c, -r mc, cc, v) gz -- a $z m v) =1c,rc, WE v- 2 *E mrre . 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F c, m 7 3 v) V v>s 0) -F n n m S L 0 uc, 0 Q) I - av) V c, 0 .*-r . om v-v)mm c, c nmc,owc me rcv) -r W -9 ~)v)-nm vs e- &Q)L 0 v m mm rem '->mvQ)o-- c,E Yc, OQ) ne- ,--mc,- v)a nv) L --c,-Q)-c n --L m S4 r--m.~vmn mo 0 Xv)vrcLEm orc ov .r .e3 ama v>s oc we mL c,v)onucn ao am c,v -r ea) m .- Q)a . nsa- a vu 3-rmmc,-w L3 me- aa >m v)c,Trv)Lv <L > m v war m I Q)V Lv) LO cL(dv)OOc, v)c n L7 mm mI--v) .rO c,L om UEWQ)OES P,U V-S~ c,c, -FaeL--aO 0 E+3 -rv) --~m<n+v ,-= nv)L cm P Oc, I.6-V 00 n. wvv) xu em n v Lm v) eo --a Q) e -7 ma- ,-- c,m m Q)o am av) EmzF-(drcu rc, c,VL mLL >z z '5 l-l <u (3 e- ' ..- c ~~ -------- ,(----------------,,,_ a 0 L n :% 30; L ogr (pa, 053 0 L. m:: L:; eo- ,OC~ z;: p20 PE n o --m 0 z :niH IJJ rr -1 rr L "_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 X 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 __ 1 2 3 4 5 t3 7 8 9 1o 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 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 1. 2. 1 2 3 4 5 6 7 8 9 lo 11 I.z 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 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, -. 1 2 3 4 5 ' 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 63 m0 SGI LE: 1 '-200 ' U W v) X a PARCEL 18--"'K- a PARCEL S\ Id m4 mv IN Ln4 QD CO 02 PARCEL If ora a I-a x c3 UI CD m= JO VI- LZ 03 a= a H ---- 3; w u LOT 1 SECTION 35 T125, PARCEL 1~. R4W, S6dM 4 --..** PARCEL 1H €&?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 0 e I 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( w m .) '* 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 0 0 L22+ h 4- 4. \I c 6'30 3d&,/&Y 4- dkd92008 L!6#9) 434-4557 9%Z.&k& MAY 2 3 '1290 I * g-* 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, $A+ .yo-."i Michael K. Murphy MKM/yrm cc: Larry Clemens Hillman Properties Michael M. Murphy, esq. Don Agatep / . e m - *- 1 c 4- ,^e 7 630 9d&,fdN 1 )\ I -1 -1 .. 4- &&d&&m$ -6d92U08 f6f9) 434-4557 &&& j_ .J*. 1 + g-+ 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 W w 4- L22+ $ -4.. %' I 6347 9d&,Y&Y 8- 6klf92UU8 Y f6d9) .43.4-.455' %6& - g++ 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. -:- a.' A . .- v 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+$i a 1 l$& !i/ j"7 LLOYq B. UBBS City Engineer LBH/pmj Enc. c: D.L. Clemens, HPI 2075 Las Palmas Drive - Carisbad, California 92009-4859 - (679) 438. - i" 2,. < &&FW =c2mw 63U 3d&.,9& $- (6/9j u34-u537 me2&& &&+-&& 8d92UU8 +& g- Ays The enclosed letter is regarding Agenda Bill 10,676 for July 10, 1990, eminent domain proceedings for sewer, water, and drainage easements (. 7//Q/? a & &bcr^q uv y.>3a P- * PeqsIJQ3 30 A3T3 PeqsxJw 30 A.3T3 Abea);I pue oxesy yJaI3 KAT3 10 cew *bsa 'Aydinw *w pey~~x pueIaalJ pzey3,ra daqeby uoa laauTbu3 A3T.I sqqnH 'a PAOI:? uoTqeJodzo3 daqaby sarqladoxd UeUIITH suaUaI3 i13xeq :33 b&K2GF ~~/bIXii 'AIaza3u-rS 11e 30 buyqeae~ ayq snxd OOO'OOE$ ueqq ssa~ bu~yqou qunoue ue SBM la330 iaquno3 s~y;~ *quaurasea u~ezp unoqs pue J~M~S peoa eb~y ayq ZOJ '066'1: '27: auny, 30 iajjo moA paia330 xaquno3 I AqaxayM '0667: '5 AInp uo UOT~~S~~AUOD auoydapq mo qxoddns oq ST 2aqq.a~ s~yj :aue~ie~~e~ *q~ ieaa 0661 'Z'1: aunf' 30 Jaqqa? OJ; 13330 JaqUno3 :3a 'SaTq~ado~d UeUII:JH Aq play squaurasea 6ZTZ6 PfUJOJrxP3 'Obara LIES a aq~ns peox u?equnoH xa~~w OZEE aueIJe&3ew '? *fl 0667: '07: Avu ++6 - -3m LP?fi-#&W (6/9) 8U026F9 wp /9y-yv-g2 069 fP- G+ T y Ib. - (b f -”-* Y m a 6; %d f4 &>,V-: 8:: ‘v 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 -1 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 a 15 16 l7 l8 19 20 -. ” 22 23 24 25 26 27 28 .. 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 1 2 3 4 5 6 7 8 9 lo l1 l2 13 14 l5 16 17 18 19 20 21 I 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: 22 23 24 25 26 27 28 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 - -. - - 1134 t EXH~BIT "A" . 84136 05-06 0- 8 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 - e e / .. e. I LEGAL DESCRlPTlON-CONTINUED 1185 84136 ROAD EASEMENT DE LORM PROPERTY PAGE TWO i 05-06-8 1. * I 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. - - - 0 *I .. e- i . 0-4 I 1186 I 84 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. .. c --. L. / . --\ 0 J 0 *. 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). -. 3: I - - -. L. . .. e- e= . *- L 11'8 0 I I C. .. __ 7RUE &?w7dP ....- .* . .- .*% .. *.e if- :** ;*. .- .: " e. .. .. . ..: -u3/72) N2/y2~5 M 5he4 / &&ked 9-15-8& / SCALE OUAWN SURVP( CHtCNI . .. .. . 4. ..I .....( IWINE. CALIFORNIA 92714 (714) 281-2222 WLLJAMSON %SCHMlD ETCH fi ~CCOMP?,UY 17782 SKY PARK BOULEVARO d l €GAL n€5CP/PZ?ON Xf. Y fltI.0 I Of LURM PR47/%77Y 04Tf , PUcJ EAf5€M€N7 -'=Y I* I L- PkJC€L f 108 N( 0- 0- .- .* t 1189 I I. . -- ,AC. .-; *J* .y. &f,;J ,e.:.' /*y $! ,..f?,*+ -..3 .* .i. r' 3. mu& A2/3(76?F AlG/NMfMG P4Rcc;c 2 Rev/j.,d 9-25-8' / 5hecJ 1 I DRAWN lunvnl CkCC*II ZL K l1U.D B( D4TC k E JOB NO WILLIAMSON%SCHMID ::a*- * -* . I.. . ,., ..: .... (...I.:.( ~XWCH 2 ACCOMPA,~ y A LLFGdL ~P5CP/PT/UN (714) 201-2222 POAD f. F€MPNjr I B€ LOPM PPUPMrv 17782 SKY PARK BOULEVARD IRVINE, CALIFORNIA 92714 r d.2 PARCEL 2 ***n3vc5 I. / 9 WMsoN%sCHMD : b-3 **g*.b*'*@ ****6 (.*.-***a -8. her. a*..#..., ti V?U2 SKY PARK BdULEVARO I. I U I IRVINE, CAUFORNlA wn4 mq m-2222 ;!!!I ' &.-.-, , j 4rPWCJVCB8Y 1 ' ---.r* 0 &A LS&& g SKI7CH 70 RCCUMPINY 7 R ClOIL ~rceA?/P~/uA, I ' Sf UP4 €4S4M&VTb 04 LORMPLQuPnv -i - C I - *I - 1 0 0 'cc 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) I, P * ‘9 ,= #. 1 2 3 4 5 6 7’ 8 9 10 11 12 l3 14 15 le 17 18 19 20 21 22 23 24 25 26 27 28 @ 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 I n, '7 - -1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 19 18 19 20 21 2.2 28 24 25 26 29 28 e 0 .. 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 I @ S/l5/90*~~L28. la 300,10*SV 3.A 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, - 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 -- --.- c .-- - by ne or under my direction in o 4 0 5/02/9O*ENl28,1( .300,1O*sV IB 0 -1 -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, ~ - -- ,.-" -- ., 4 e 0 -7 .f ,. 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 .c rf LIS. 5894 a \ .I m- f --L. \. 0 5/02/9O*EN128, Lo 300,1U*SV TC .* 0 ". .' 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 - ,---- . - __ -- . ..L 4 9 e * ,. 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 * ~- _I -- ..-. i- - _- I .. . Wi7i"OF4=€irT - SGiLE: g*=2m0 c., u v) U r a tn-d ..- Q 41 CD V)* AU U UC CLZ 03 a- L ---- L - e~cEwED .? 'c: MAY IC = -- = SEN, am, crrY Of CAUaAb .. -. - ~ --- - - .-- - - - -_ ---- .._ __ e -0 *. .. _. PORTION OF 7%E - Sf/& SWU4 SW1/A _L OF SECTIQd 26 k-mram SL& AAU W~&E Imam lDpQRuw cawmtm7tw .. ,*. < * -. -. - - POArlON Of TdE SUZ. SW lf4, sw 114 OF SECTION 26 -.. ._ -1 _- . .. sc;cLE,' t*r*O' -- ---- -. Y. \. ._v ._ .. . .. .. : -. . .._-_-_-._ . . . ..- ... . -. . .7 -. #. ". - sa=: f"=4t?' 0 \u zmmivs me VIS Sm€S-m RIGHT a= YAY clsm~~r ro 9ANM LA m&ps 4/22/76 AS FrLE/p&(if 3ED RECOROW JW. 76-f2081 f QF 0-3- -