HomeMy WebLinkAbout1991-12-10; City Council; 11475; PUBLIC HEARING FOR INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR RIGHTS-OF-WAY ACQUISITION FOR THE PALOMAR AIRPORT ROAD/I-5 INTERCHANGEc,
TITLE: PUBLIC HEARING FOR INITIATION OF EMINENT . DOMAIN PROCEEDINGS FOR RIGHTS-OF-WAY AB# Iw? 5 1211 0/91 MTG.
DEPT. ENG ROAD/I-5 INTERCHANGE ACQUISITION FOR THE PALOMAR AIRPORT
DEPT. k
CITY A1
CITY MI
6
-a <..?A ;2 3 32 ZL 2
.. z 0 F 0 4 e z 3 0 0
CI TIcpF CARLSBAD - AGENwlLL zJ' (L!
RECOMMENDED ACTION:
City Council adopt Resolution No. 91 -346 directing the condemnation for
easements, fee simple interest for street rights-of-way, drainage easement and tern'
construction easement of certain real property in the Citty-dCarlsbad for the purp
constructing the Palomar Airport Road/& Interchange widening and authorizir
Mayor to execute documents on behalf of the City.
ITEM EXPLANATION
The Palomar Airport Road/ld Interchange widening is a joint project between thc
(CALTRANS) and the City. The City will complete the design and secure rights-c
CALTRANS will bid and construct the Interchange widening. As part of the wide
is necessary to secure rights-of-way from private property owners. A 309 squa
parcel will be acquired along with slope, drainage and temporary construction ease
All acquisitions will be required prior to construction.
The City's consultants have been negotiating with! the affected property owners to
the rights-of-way to enable the construction of the improvements. It is neces!
assure acquiring all rights-of-way in order to prevent delays in project const
schedules. Preliminary indications from the three affected property owners are
documents transferring necessary interest in the rights-of-way will be executc
delivered to the City in adequate time to maintain schedules. However, in the ev
or more property owners are unwilling to participate, it is necessary to undertake t
domain proceedings. It is therefore recommended that the City initiate conder
proceedings at this time in order to maintain project schedule and permit condii
Valuation of the required rights-of-way has been completed. Negotiations and c
purchase the property from the property owners in accordance with legal requir
have been undertaken. Required notice to the property owners in anticipatior
initiation of condemnation proceedings has taken place. Staff will advise City Cc
this meeting as to the status of the negotiations and recommend to the Cou
adoption of the Resolution of Necessity to Condemn.
In accordance with State law, the City has given proper notice to this public he
the owners of the subject property. The City is not required by law to cons1
request of any person to be heard who did not submit a written request on 01
December 10, 1991, nor the request of any person not an owner of the interel
requires a two-thirds vote of the Council and conclusively establishes the
contained therein. This action includes all required rights-of-way not previously dc
or purchased for the Palomar Airport Road/ 1-5 Interchange Widening.
/--l
property being condemned. Adoption of the Resolution of Necessity to C
L 1
PAGE TWO OFAB# l/ L/?5 I
ENVIRONMENTAL REVIEW:
CALTRANS is the lead agency for this project. A categorical exernption/exclu
determination was issued by CALTRANS on January 16, 1990.
GENERAL PLAN CONSISTENCY:
At their meeting on November 20, 1991, the Planning Commission adopted Resloi
No. 3322 making findings of General Plan Consistency for the project.
FISCAL IMPACT:
All costs associated with rights-of-way acquisition, appraisal fees, court costs, legal
and related acquisition expenses are fully funded from the Community Facilities DI
No. 1. (CFD No. 1) and TRANSNET Proposition “A Sales Tax. Estimated cos’
acquisition of the property (excluding any legal fees) are $40,000. Funds are avaih account 342-820-1 843-3268.
EXHl BITS:
1. Resolution No. Ci i - 3 $6
2. Location Map
3. Planning Commission Resloution No. 3 32 2
4. Notice of Exemption issued by CALTRANS, January 16, 1990
4
*
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
l8
19
20
21
22
23
24
25
26
27
28
w m
RESOLUTION NO. 9 1- 3 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS
IN THE CITY OF CARLSBAD AND DECLARING THE PUBLIC
NECESSITY THEREOF
WHEREAS, the City of Carlsbad, California, proposes to improve Palomar P
Road/lnterstate 5 Interchange in the City of Carlsbad, hereinafter referred to as “the. prc
and
1
WHEREAS, the project requires the acquisition of certain real property interest
WHEREAS, the City of Carlsbad, California, may exercise the right of eminent d
for the acquisition of real property interests therein for streets, slopes, drainage fat
temporary construction easements and other purposes pursuant to the California Strec
Highway Code, Section 4090, and the Government Code, Sections 37350,37350.5 and
and
WHEREAS, the plans for the project within the City of Carlsbad are on file in thc
of the City Engineer of the City of Carlsbad: and
WHEREAS, on January 16,1990, CALTRANS, the lead agency, certified a catt
exemption for the project; and
WHEREAS, on November 20, 1991, the Carlsbad Planning Commission i
Resolution No.3322 making findings of General Pian Consistency for the Project; an
WHERUS, the real property or interests therein sought to be acquired are
within the territorial limits of the City of Carlsbad, California, and are necessary
proposed project; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of C
California has offered to the owners of said real property or interests therein the ful
established as just compensation for said real property or interests therein sous
acquired; and
1
..
1
2
3
4
5
6
7
8
9
lo 'I.
I'
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
m m
WHEREAS, the City of Carlsbad, California has provided said owners of said
property or interests therein a written statement and summary of the basis for the amc
established as just compensation for the real property or interests therein sought tc
acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offer tc
owners of the real property or interests therein sought to be acquired, and the owners 1
failed to favorably respond to the offers of the amounts established by the City of Carl:
as just compensation; and
WHEREAS, pursuant to the provisions of the California Code of Civil Procec
Section 1245.235, the owners of the real property or interests therein sought to be acq
whose names and addresses appear on the current equalized COUNTY ASSESSMENT F
have been sent a NOTICE OF INTENTION TO ADOPT A CONDEMNATION RESOLUTIOh
have been provided with an opportunity to appear and be heard on the matters referr
in California Code of Civil Procedure, Section 1240.030; and
WHEREAS, sufficient funds have been appropriated by the City Council of the (
Carlsbad, California, to be deposited with the court in the amount of the aforementioned
of the real property or interests therein sought to be acquired;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the 1
Carlsbad, California which finds, determines and hereby declares:
1. That the above recitations are true and correct.
2. That the public interest and necessity require the proposed project.
3. That the proposed project is planned and located in a manner which will t
compatible with the greatest public good and the least private injury.
4. That the real property or interests therein, hereinafter described in this Res
is necessary for the proposed project.
I
.
1
2
3
4
5
6
7
8
9
10
’I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 m
5. That the proposed project is a matter of public necessity.
6. That the use of all and each and every part of said hereinafter described
property or interests therein for the use and purposes of the proposed project is a public
and use authorized by law.
7. That the public interest and necessity require that the property or interests the
hereinafter described in this resolution, be taken.
8. That the law firm of Asard and Keagy, hereinafter referred to as “Special COUI
be, and is , authorized, empowered and directed, in the name of the City of Carlsba
acquire by donation, purchase or condemnation, in accordance with the provisions c
Code of Civil Procedure of the State of California related to eminent domain, the hereir
described interests in real property.
9. That Special Counsel is authorized and directed to prepare and prOSeCUt0
name of the City of Carlsbad such suit or suits in the proper court having jurisdiction tt
as are necessary to condemn, take and acquire said hereinafter described real prope
any part thereof, for the purposed project.
10. That Special Counsel is authorized and directed to make an application t
court for an order determining the amounts of money to be deposited as security
taking of the real property or any part thereof, or interest therein, necessary for the prc
project and any damage incident thereto, and to make application to said court for ai
permitting the City of Carlsbad to take immediate possession Of and to Use said real p
and part thereof, or interests therein, sought to be condemned for the proposed pro
1 1. That Special Counsel is authorized and directed to make deposit for such !
for such rights-of-way out of proper funds under the control of the City of Carlsba
amount determined by the court in the manner directed by the court.
12. That Special Counsel is authorized and directed to incur on behalf of thc
Carlsbad all reasonable and necessary expenses in the prosecution of a suit or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
m .)
condemn said real properly.
13. That the real property referred to in this resolution is situated in the Cit
Garlsbad, County of San Diego, State af California, and is more particularly described ir
parcel descriptions identified in attached Exhibit "A" incorporated by reference and ma
part hereof.
14. That the City Council of the City of Carlsbad, California, hereby authorizes
approves deposit with the court, funds for the acquisition of real property or interests th
consistent with the intent of this Resolution.
15. That the Mayor, of the City of Carlsbad, California is hereby authorized tc
necessary documents on behalf of the City for acquisition of said rights-of-way.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Civ C1
December held on the loth day of , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard & St
None NOES:
ABSENT: None
1
//{,G ,/[?[//- /i /I& f*
CLAUDE A. LEWIS)Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
II
. r-- c (.< -E m .) Ex hi
The City of Carlsbad I-B/Polomar Alrport Road Interchange Wldening Boyle Engineering Corporation
Legal Description for Slope Easement No. 2
A portion of a parcel in a Grant Deed File/Page 84-192630 recorded on May 23, 1984 in
the office of the County Recorder, in the County of San Diego, State of California and shown on Record of Survey 6960 as.recorded in said county located in a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California more particularly described as follows:
BEGINNING at the northeast corner of a parcel described in Grant Deed File/Page 84-
192630 and Record of Survey 6960, said point also being the northwest corner of Parcel
1 of P.M. No. 15386 as recorded in above said county;
Thence South 05 a 32'59" West 20.00 feet along the easterly line of the parcel described in said Grant Deed 84-1 92630;
Thence North 45' 54'03" West 32.1 1 feet to the northerly line of said parce! (84-1 92630) and the southerly line of Palomar Airport Road;
Thence South 84 o 25'48" East (North 84 o 28'34" West as shown on Caltrans L.O. Map
No. 3773) 25.1 1 feet to the POINT OF BEGINNING.
The above described portion containing 251 square feet more or less.
This easement is temporary and will expire on December 31, 1993 or at the end of construction, whichever comes first.
I..III
CllY OF CARLSBAD
PALOMAR AIRPORT ROAD
LANDS AND RIGHTS OF WAY 2 PROJECT PARCEL NO. A.P.N. 2 10-1 00-07
PROJECT NO. SD-C17 5/6/9 1 I SCALE: 1"=50'
t
m Exnim B - \ /, < -%x<
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 3
A strip of land, 6.00 feet of even width, being a portion Parcel 2 of Parcel Map No. 6022, beinc portion of Lot H of Rancho Agua Hedionda, according to the map thereof No. 823 situated
the City of Carlsbad, County of San Diego, State of California as filed in the Office Of the COU
Recorder of said county. The westerly line of said strip of land being more particuk
described as follows:
BEGINNING at the most southerly corner of said Parcel 2;
Thence North 26 O 52'59' West (North 26 52'59' West as shown on Caltrans Right-of-way h Lo. 3771) 142.00 feet along the westerly line of said parcel;
Thence North 13O56'29" West 223.22 feet along the westerly line of said parcel to the IT northerly corner of said Parcel 2 and the POINT OF TERMINUS.
The easterly line of said strip shall lengthen or shorten as to begin on the southeasterly lin said parcel and extend to the northerly line of said parcel containing 2149 square feet mor less.
This easement is temporary and will expire on December 31, 1993 or at the end of construc whichever comes first.
,
C17y OF CARLSBAO
PALOMAR AIRPORT ROAD
LANDS AND RIGHTS OF WAY
PROJECT PARCEL NO.
PROJECT NO. SD-C
A.P.N. 21 1-040-27
5/6/91 I SCALE: 1" =50'
J
0 e Exhibit \-
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening
Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 4
That portion of Parcel 3 of Parcel Map No. 6022, being a portion of Lot H of Rancho P Hedionda, according to the map thereof No. 823 situated in the City of Carlsbad, County of
Diego, State of California as filed in the office of the County Recorder of said county, n particularly described as follows:
A strip of land, 6.00 feet of even width, lying Northeasterly of the Southwesterly line of
Parcel 3. The Southwesterly line of said strip shall immediately adjoin the Southwesterly lir
said Parcel 3.
The sidelines of said strip shall lengthen or shorten as to terminate on the Northwesterly lir said Parcel 3 and on the Southeasterly line of said Parcel 3 containing 1,149 square feet r
or less.
This easement is temporary and will expire on December 31, 1993 or at the end of construc whichever comes first.
SD-C17-200-58
- -.
./
I' .
I I
c x
' 7- 9- 9/ .J .- ':.---. ..e.__ _. -
%...~-C}TY; - w- OF CARLSBAD
PALOMAR AIRPORT ROAD
MNDS AND RIGHTS OF WAY
PROJECT
PROJECT NO. S
- PARCEL NO. A.P.N. 21 1-040-27
5/24/91 1 SCALE: 1"=50'
0 Exhi \ i'i'\C\k\ L- o
The City of Carlsbad
Id/Palomar Airport Road Interchange Widening
Eoyle Engineering Corporation
Legal Description for Right-of-way Take No. 1
Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot 'H" of Rancho Agl Hedionda, in the'City of Carlsbad, County of San Diego, State of California, according to Mi No. 823, filed in the office of the County Recorder of San Diego County, November 16, 18! and recorded September 16, 1988 as File No. 88-467980 of Official Records.
BEGINNING at the northwesterly corner of said Parcel I;
Thence South 84 a 25'48' East (North 84' 28'34" West as shown on Caltrans Right-of-way M, Lo. 3773) 109.32 feet along the northerly line of said Parcel 1 ;
Thence South 62'07'37' East 21.45 feet along the northeasterly line of said Parcel 1, to i point of cusp with a curve concave Southerly having a radius of 713.58 feet, to which a rac line bears North 13 ' 21 '58' East;
Thence westerly 83.63 feet along said curve, through a central angle of 06-42'54' to beginning of a reverse curve, concave to the North, having a radius of 2557.42 feet, a radial I
through said beginning of reverse curve, bears South 06' 39'04' West;
Thence westerly 41.15 feet along said curve through a central angle of 0 o 55'19';
Thence North 77 "34'39' West 4.73 to the POINT OF BEGINNING.
Said portion of Parcel 1 containing 309 square feet, more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases
relinquishes to the grantee any and all abutter's rights of access, appurtenant to grant'
remaining property, in and to said freeway.
SD-C17-200-54/CaP
/$p- Ai LA;+. '5
,' 5 ..' \L [ t - :-\ tY&A\ 1'; */<.?A vs* itc;/.-:. (-;%:\\, , I>.? ,* +."
, \ I -c a:/ .. :' ,' . ;!:, :,(;,!- I Ad
_' F: ,; :
11 =,
I ,-., 8 1. - v\ \. J.. ", \ .\, - L"'J .i;; .,,:,, ~~, -:.;42 * \- *\-4!5.:;., 7- Cj7-9/
",.$. ( j!: 2 i,,,>~'~. ' .A/ *--&;>
I
NEY<\L\C
i - - hi? '1 7 u! - - 22 - - --- - - - io$ - k-zz - - Ne -
0-
I
w Exhit 0 r- \r, - ,I 1- '\ r 0
.
The City of Carlsbad
I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Drainage Easement No. 1
Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of
Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San
Diego County, November 16, 1896 and recorded September 16, 1988 as File No. 88-
467980 of Official Records.
COMMENCING at the northwesterly corfier of said Parcel 1;
Thence South 84'25'48" East (North 84'28'34" West as shown on Caltrans Right-of- Way Map L.O. 3773) 109.32 feet along the northerly line of said Parcel 1;
Thence South 62 e 07'37" East 125.00 feet along the northeasterly line of said Parcel 1 , to
the POINT OF BEGINNING;
Thence South 62 O 07'37" East 12.00 feet along said northeasterly line;
Thence South 27 O 52'23" West 9.00 feet;
Thence North 62 O 07'37" West 12.00 feet;
Thence North 27' 52'23" East 9.00 feet to the POINT OF BEGINNING.
The above described portion of said Parcel 1 containing 108.00 square feet more Or less.
8
0-
0 0 Ex hi bii \\ F. h \I\ c
The City of Carlsbad
Boy le En gin eering Corporation
Legal Description for Slope Easement No. 1
A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November
16, 1896, and recorded September 16, 1988, as File No. 88-467980 of Official Records.
BEGINNING at the northwesterly corner of said Parcel 1;
Thence South 77'34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South 07 e 34'23" West;
Thence easterly 20.31 feet along said curve through a central angle of 0' 27'1 8" to which
Thence South 5 O 32'59" West 23.81 feet;
Thence North 84 o 25'48" West 25.00 feet to the westerly tine of said Parcel 1 ;
Thence North 5'32'59" East 25.00 feet along said westerly line to the POINT OF BEGINNING.
The above described portion of Parcel 1 containing 606 square feet, more or less.
)-5/Palomar Airport Road Interchange Widening
,
a radial line bears South 07 "07'05" West;
.@KG& 3,'. ->,
Q: y \$'\
&% <$ '8 IEC,<\ b*, &+ yA %A c;/ * EXP. h'0 i2/31,,?4 6458 ,*'a
$2 4. 43- ' @cAL\$@/ 7-?-Yf
I
I
c- i k-. h\L' c a e Exh
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 1
A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho.Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November
16, 1896, and recorded September 16, 1988, as File No. 88-467980 of Official Records.
BEGINNING at the northwesterly corner of said Parcel I;
Thence South 77"34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South
07 ,, 34'23" West;
Thence easterly 20.31 feet along said curve through a central angle of O"27'18" to the POINT OF BEGINNING, to which a radial line bears South 07' 07'05" West;
Thence easterly 20.84 feet along the continuation of said curve through a central angle
of 0 O 28'01" to the beginning of a reverse curve, concave to the south, having a radius of
713.58 feet through which a radial line bears North 06" 39'04" East;
Thence easterly 83.63 feet along said curve, through a central angle of 06 a 42'54" to the northeasterly line of said Parcel 1;
Thence South 62'07'37'' East (as shown on Caltrans Right-of-way Map L.O. 3773)
103.55 feet along said northeasterly line;
Thence South 27 ' 52'23" West 9.00 feet:
Thence North 62 O 07'37" West 123.23 feet;
Thence North 84 o 25'48" West 82.54 feet;
Thence North 05 o 32'59" East 7.81 feet to the POINT OF BEGINNING.
The above described portion of Parcel 1 containing 1578 square feet, more or less.
This easement is temporary and will expire on December 31, 1993 or at the end of
construction, whichever comes first.
I
----
I TEMP. ESMT.
-. R/W TAKE
I" = 400'
RIGHT-OF-WAV VlCINITY MAP mmnmuinG coRpoRRnmn 5-
7
1
2
3
4
5
6
7
8
9
lo
11
12
13
14
15
16
3.7
18
19
2o
21
22
23
24
25
26
27
28
e 0 " EXHlBl
PLANNING COMMISSION RESOLUTION NO. 3322
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITYOF CARLSBAD, CALIFORNIA, DETERMINING GENERAL
5 INTERCHANGE IMPROVEMENTS.
PLAN CONSISTENCY FOR THE PALOMAR AIRPORT ROAD/I-
CASE NAME: PALOMAR AIRPORT ROAD/I-5 INTERCHANGE.
CASE NO: PCD/GPC 91-5
WHEREAS, the Planning Commission did on the 20th day of Nov
1991, consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said Commission considc
factors relating to the Planning Commission Determination; and
NOW, THEREFORE, BE IT HER-EBY RESOLVED by the Planning Corn
as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Con:
APPROVES PCD/GPC 91-5, based on the following findings:
Findings:
1. The project is consistent with the goals and policies of the C;t$s Gene
The policies of the related elements of the General Plan include an(
adequate circulation and transportation facilities.
The Project is consistent with the Circulation Element ofthe ~eneral ~k
provides for a comprehensive circulation system to serve the present an
mobility needs of Carlsbad and the Greater San Diego area.
As the lead agency on the project, CALTRANS has satisfied the envh
requirements by issuing a categorical exemption on January 16,1991.
2.
3.
...
0
...
...
1
0
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1
2
3
4
5
6
7
8
9
10
11
12
13
I.4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Commission of the City of Carlsbad, California, held on the 20th day of November
by the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Scl
Savary and Noble.
NOES: None.
ABSENT: Commissioners: Erwin and Hall
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
g-& *4tL&&.& NL \
-7
ATTEST?
MICHAEL J. HOE2
PLANNING DIRECTOR
K:km
PC RES0 NO. 3322 -2-
or cnttcai amcern where designated preaseiy mapped and off iualiy adopted
L If Class 1 prolecf will it resuit in signrficant damage to or removal of a Scenic 1
CATEGORICAL EXCLUSION (NEPA)
1. Will the projec! involve significant impacts on properties protected by Section 4 (f)
2 Is the prorect inconstent with any Federal, State or local law or adminisfrative requirement relating to the enwronment such as the Endangered Species Act
pursuant I0 law m
resource? -
of the DOT Act or Seraon 106 of the National Histonc Preservation Act? -
I
CALTRANS DETERMINATION
Based on an examination of this proposal and the above statements it is determined tha
project is
Categoncatiy exempt Class 1 Section 1510, 1 of cattrans Environmental Rec a Categoncafly exempt General rule exemption This project does not fall within an exe
B...Q--- 4.Rd. T-5 1 /-
3 &@#€du
27 & -- *" QT ck36- - 1 I (e I
,5J 7-. 43 '3 5-
a-9A./&L L 63-4 &L3-..d
flom + -w
Legal Department Allstar Inns G.P., Inc . 2020 De La Vina St. Santa 93130-3070 Barbara, CA &&a Id/</?/
805-687-3383 PC: )5xtj y +””--\
ws mc c/ (Allstar
1. Q-- K-
December 3, 1991
Certified Mail
Return Receipt
Miss Lee Rautenkranz
City Clerk
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-1519
RE: CITY COUNCIL MEETING ON
DECEMBER 10, 1991.
Dear Miss Rautenkranz:
I have your letter of November 25, 1991 with respect to
Notice of Public Hearing to condemn for a temporary
construction easement upon and over certain real property owned by our Partnership.
We have no basic dispute with the City of Carlsbad with
respect to entry upon our land and the agreed compensation. I am, however, requesting that I make an appearance and be
heard at the Council meeting on December 10, 1991.
Your courtesy in advising me of the hearing is appreciated.
Very truly yours,
ALLSTAR INNS OPERATING L.P.
By ALLSTAR INNS G.P., INC.
-=-?--- 8&JdG/di /-/47g,-A/ rt -z7 J-Zms 4
F. Frank Buehler
Vice President, General Counsel
and Secretary
FFB: jm
TW Allstar Inns, L.P. kd Allstar Inns Operating L.P.
0 Q
November 25, 1991
AU Star Inns G.P., Inc.
C/O F. Frank Buehler
Vice President, General Counsel and Secretary
2020 De la Vina St.
Santa Barbara CA 93130
NOTICE OF PUBLIC HEARING to Condemn for aTemporary ConstructionEasements Up01 Along, Under, Over and Across, Certain Real Property in the City of Carlsbad, californi
PROJECT
Re: Right of Way Requirements
Gentleman
Our records indicate that you are the owner of certain real property which is bei
considered for condemnation by the City of Carlsbad.
The City Council of the City of Carlsbad will hold a public hearing on December 10,194
at 6:OO p.m. or as soon thereafter as the matter may be heard at the Carlsbad City Coun
Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent
the City Council to consider at that the the adoption of a RESOLUTION OF NECESSr
to authorize the condemnation of a temporary construction easements, upon, over, aloi
under and across the property as described in the attached Exhibit "A" and as shown on t
attached Exhibit "B".
Pursuant to California Code of Civil Procedure Section 1245.235, each person whc
property interests are to be acquired by eminent domain has the right to appear and
heard at the December 10,1991 hearing. The City Council will determine whether (a) 1
public interest and necessity require the project; (b) the project is planned or located in A
manner that will be the most compatible with the greatest public good and least pnv
injury; and (c) the property sought to be acquired is necessary for the project pursuan
California Code of Civil Procedure Section 1240.030.
Palomar Airport Road,/I-S Interchange City of Carlsbad
2075 Las Palmas Drive - Carlsbad, California 92009-1 51 9 - (61 9) 438-1 1
0 e
Frank Buehler
November 25, 1991
Pane: 2
A legal description of the property interests to be acquired and which will be affected bj
the RESOLUTION OF NECESSITY is included in the exhibits to this letter.
If you wish to appear and be heard at the December 10,1991 public hearing, you must filf a written request with the City Clerk within fifteen (15) days after the date this notice i:
mailed. Failure to file a written request to appear and be heard within fifteen (15) day
after the NOTICE is mailed, will result in a wavier of the right to appear and be heard e
the aforementioned hearing.
The City welcomes your participation. If you should have any questions, please call me i
(619) 434-2808.
&-= LEE RAUTENKRANZ R-
City Clerk
LEE:PC:rz
Attachments
0 a Exhibit I c. \ \ -=- 1 w\y
The City of Carlsbad I-S/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 3
A strip of land, 6.00 feet of even width, being a portion Parcel 2 of Parcel Map No. 6022, bein
psrti0fl Of lot H Of f?arlcho Agua Hedionda, according to the map thereof NQ. 823 situatec the City of Carlsbad, County of San Diego, State of California as filed in the office of the Cou Recorder of said county. The westerly line of said strip of land being more particuli
described as follows:
BEGINNING at the most southerly corner of said Parcel 2;
Thence North 26'52'59" West (North 26'52'59" West as shown on Caltrans Right-of-way ! Lo. 3771) 142.00 feet along the westerly line of said parcel;
Thence North 13"56'29" West 223.22 feet along the westerly line of said parcel to the n northerly corner of said Parcel 2 and the POINT OF TERMINUS.
The easterly line of said strip shall lengthen or shorten as to begin on the southeasterly lir said parcel and extend to the northerly line of said parcel containing 2149 square feet moi
less.
This easement is temporary and will expire on December 31, 1993 or at the end of construc whichever comes first.
CIW OF CARLSBAD
PALOMAR AIRPORT ROAD
LANDS AND RIGHTS OF WAY
-
-
\
PROJECT A.P.N. 21 1-040-27 PARCEL NO.
PROJECT NO. SD-C1' 5/6/91 I SCALE: 1"=50'
i
b. Exhibit E e 0 ? + [ \ &- c.\c
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Temporary Construction Easement NO. 4
That portion of Parcel 3 of Parcel Map No. 6022, being a portion of Lot H of Rancho Af Hedionda, according to the map thereof No. 823 situated in the City of Carlsbad, County of 5 Diego, State of California as filed in the office of the County Recorder of said county, mc particularly described as follows:
A strip of land, 6.00 feet of even width, lying Northeasterly of the Southwesterly line of s Parcel 3. The Southwesterly line of said strip shall immediately adjoin the Southwesterly lini said Parcel 3.
The sidelines of said strip shall lengthen or shorten as to terminate on the Northwesterly lin said Parcel 3 and on the Southeasterly line of said Parcel 3 containing 1,149 square feet r~ or less.
This easement is temporary and will expire on December 31, 1993 or at the end of construct
whichever comes first.
SD-(217-200-58
_. -_
I
I' .
I
c &L&&&&/(
' 7- 9- y/ / .-
-2.<:z: - -
A.P.N. 21 1-040-27 PROJECT PARCEL NO.
PROJECT NO. C
FH TWSMITTAL
FROM FAX # (619) 434-1981 TO FAX # ( 6/,7 ) S 7 8- /73 8
DATE SENT: /d49 / TIME smr: f :-A>
NUMBER OF PAGES SENT, INCLUDING TI-II$ PAGE: //
TO:
DEPARTMENT:
COMPANY: /$LE+ G m,z BWSW. / NC
/"
/' FROM: LC?€ fJ;s/3 urn&\- 2-
DEI'ARTMENT: e/ry LG&K
CONTACT PHONE: (619) J& &Bo 9
/"' 1
,/,' INSTRUCTION$: / \
/ , :> i, b(' /
/" ' 1) // . .? /-
/*' Y
,/ / 1' ; 3
LP i
ANY PROBLEMS WITH RECEIVING I THIS FAX, CALL
(619) 434-2803 I
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
0 e b '.
+a
1
November 25, 1991
New England Mutual Life Insurance Co.
ATTN: Robert King
Copley Red Estate Advisors, Inc.
399 Boylston Street
Boston, MA 02116
NOTICE OF PUBLIC HEARING to Condemn Fee Simple Interest for Street Rights-of-Wa
and to Condemn an Easement Interest for Drainage, Slope, and Temporary constructio
Easements Upon, Along, Under, Over and Anoss, Certain Real Property in the City c
Carlsbad, California
PROJEW.
Re: Right of Way Requirements
Gentleman
Our records indicate that you are the owner of certain real property which is beh
considered for condemnation by the City of Carlsbad.
The City Council of the City of Carlsbad will hold a public hearing on December 10,19'
at 6:OO p.m. or as soon thereafter as the matter may be heard at the Carlsbad City Corn
Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent
the City Council to consider at that time the adoption of a RESOLUTION OF NECESSI'
to authorize the condemnation of a fee simple interest for street right-of-way and
easement interest for slope, drainage, and temporary construction easements, upon, 01
along, under and across the property as described in the attached Exhibit "A" and as sho
on the attached Exhibit "B".
Pursuant to California Code of Civil Procedure Section 1245.235, each person whc
property interests are to be acquired by eminent domain has the right to appear and heard at the December 10, 1991 hearing. The City Council will determine whether
the public interest and necessity require the project; (b) the project is planned or loca
in the manner that will be the most compatible with the greatest public good and 1f
private injury; and (c) the property sought to be acquired is necessary for the pro.
pursuant to California Code of Civil Procedure Section 1240.030.
2075 Las Palrnas Drive - Carlsbad, California 92009-1 519 - (679) 438-1 1
Palomar Airport Roam-5 Interchange City of Carlsbad
c e 0
Robert King
November 25,1991
Pane: 2
A legal description of the property interests to be acquired and which will be affected by
the RESOLUTION OF NECESSITY is included in the exhibits to this letter.
If you wish to appear and be heard at the December 10,1991 public hearing, you must file
a written reauest with the City Clerk within fifteen (15) daw after the date this notice i!
mailed. Fdure to file a written request to appear and be heard within fifteen (15) day
after the NOTICE is mailed, will result in a wavier of the right to appear and be heard a
the aforementioned hearing.
The City welcomes your participation. If you should have any questions, please call me a
(619) 434-2808.
94- LEE RAUTENKRANZ K-
City Clerk
LEE: PC:rz
Attachment
Exhi N ETA L( c., e 0
The City of Carlsbad M/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Right-of-way Take No. 1
Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot 'H' of Rancho Agi Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Mz No. 823, filed in the office of the County Recorder of San Diego County, November 16, 18c
and recorded September 16,1988 as File No. 88-467980 of Official Records.
BEGINNING at the northwesterly corner of said Parcel 1;
Thence South 84"25'48' East (North 84"28'34' West as shown on Caltrans Right-of-way M Lo. 3773) 109.32 feet along the northerly line of said Parcel 1;
Thence South 62'07'37' East 21.45 feet along the northeasterly line of said Parcel 1, to '
point of cusp with a curve concave Southerly having a radius of 713.58 feet, to which a rac
line bears North 13 ' 21'58" East;
Thence westerly 83.63 feet along said curve, through a central angle of 06O42'54" to beginning of a reverse curve, concave to the North, having a radius of 2557.42 feet, a radial 1 through said beginning of reverse curve, bears South 06 * 39'04' West;
Thence westerly 41.15 feet along said curve through a central angle of 0'55'19";
Thence North 77-34'39' West 4.73 to the POINT OF BEGINNING.
Said portion of Parcel 1 containing 309 square feet, more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases
retjnquishes to the grantee any and all abutter's rights of access, appurtenant to Qf'anl
remaining property, in and to said freeway.
SD-C17-200-54/cap
/'p ,,3m -
& ./< v !Gb/I+" (-,b', %, ?\
1 L ,- ., -4 I, '
////GZ~ *' ' y! I E @..,(yd:\, l$. , ,
c' .-' ',-, .\
, L :' ,/Z( I --- '. :!:. : <:.!:[:
I
\;,A,.\ E?;) i:;: :., ; i.' -
.L. ..._ , .' >', .::,dh LI '~;'$~~.., \>-?-/E+
r !- .. .+?' 7- ?+7/ <; P).\-;>;;, --.--/.... -*
0-
r'- .\ y;. b ,' 1 'c f. r, e 0
Exhil: *.
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening Boyle Engineering Corporation
Legal Description for Drainage Easement No. 1
Being a portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 823, filed in the office of the County Recorder of San
467980 of Official Records.
COMMENCING at the northwesterly corner of said Parcel 1;
Thence South 84025'48" East (North 84"28'34" West as shown on Caltrans Right-of- Way Map L.O. 3773) 109.32 feet along the northerly line of said Parcel I;
Thence South 62 o 07'37" East 125.00 feet along the northeasterly line of said Parcel 1, to the POINT OF BEGINNING;
Thence South 62 ' 07'37" East 12.00 feet along said northeasterly line;
Thence South 27 ' 52'23" West 9.00 feet;
Thence North 62 a 07'37" West 12.00 feet;
Thence North 27' 52'23" East 9.00 feet to the POINT OF BEGINNING.
The above described portion of said Parcel I containing 108.00 square feet mOre Of'
less.
Diego County, November 16, 1896 and recorded September 16, 1988 as File No. 88-
..
0-
0 Exhibl w 17% \n, {L\ c- 0 -.
The City of Carlsbad
Boyle Engineering Corporation
Legal Description for Slope Easement No. 1
A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November
16, 1896, and recorded September 16, 1988, as File NO. 88-467980 Of Official ReCQTdS.
BEGINNING at the northwesterly corner of said Parcel 1;
Thence South 77O34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South
07 a 34'23" West;
Thence easterly 20.31 feet along said curve through a central angle of 0 ' 27'1 8" to which
a radial line bears South 07 ., 07'05" West;
Thence South 5"32'59" West 23.81 feet;
Thence North 84 O 25'48" West 25.00 feet to the westerly line of said Parcel 1 ;
Thence North 5'32'59" East 25.00 feet along said westerly line to the POINT OF
B EGI N N I N G.
The above described portion of Parcel 1 containing 606 square feet, more or less.
1-5/Palomar Airport Road Interchange Widening
r \‘Gz h\L\ c. 0 0 Exh
-t
I
I
r Exh 0 e * - tP(E.'hALlc-
-3
The City of Carlsbad I-5/Palomar Airport Road Interchange Widening
Boyle Engineering Corporation
Legal Description for Temporary Construction Easement No. 1
A portion of Parcel 1 of Parcel Map No. 15386 being a portion of Lot "H" of Rancho Agua Hedjonda, in the City of Carlsbad, County of San Diego, State of California, according to
Map No. 823, filed in the office of the County Recorder of San Diego County, November
16, 1896, and recorded September 16, 1988, as File No. 88-467980 of Official Records.
BEGINNING at the northwesterly corner of said Parcel 1:
Thence South 77'34'39" East 4.73 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 2557.42 feet, to which a radial line bears South
07 O 34'23" West;
Thence easterly 20.31 feet along said curve through a central angle of 0 a 27'1 8" to the POINT OF BEGINNING, to which a radial line bears South 07 ., 07'05" West;
Thence easterly 20.84 feet along the continuation of said curve through a central angle
of 0 a 28'01" to the beginning of a reverse curve, concave to the south, having a radius of
71 3.58 feet through which a radial line bears North 06 o 39'04" East;
Thence easterly 83.63 feet along said curve, through a central angle of 06 a 42'54" to the
northeasterly line of said Parcel 1 ;
Thence South 62" 07'37" East (as shown on Caltrans Right-of-way Map L.0. 3773)
103.55 feet along said northeasterly line;
Thence South 27 a 52'23" West 9.00 feet;
Thence North 62 O 07'37" West 123.23 feet;
Thence North 84 o 25'48" West 82.54 feet;
Thence North 05 o 32'59" East 7.81 feet to the POINT OF BEGINNING.
The above described portion of Parcel 1 containing 1578 square feet, more or less.
This easement is temporary and will expire on December 31, 1993 or at the end of
construction, whichever comes first.
<
.?
,.
P