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Home My WebLink About1994-01-04; City Council; 12528; Batiquitos Lagoon Enhancement Projecta tBl E 2 5 z 2 g a 5 z 3 0 0 All four (4) of the required acquisitions are portions of larger parcels. The acrea be acquired will either be partially or completely affected by tidal influences fror completed project or otherwise enhanced with wetlands species and, therefore, SI be acquired. All other properties within the lagoon to be affected by the projec already held in public ownership. Following completion of the acquisition proceec these four (4) parcels will be eventually deeded to the State of California for ulti ownership, operation, and maintenance of the complete lagoon as a State ecolc reserve. The acquisition of these parcels is required at this time. The final constru documents for the Batiquitos Lagoon Enhancement Project have been finalized an scheduled to be presented to the Carlsbad City Council for review, approval, authorization for advertisement of bids during January, 1994. d- 0 0 I Page Two of Agenda Bill No. 12 l $2.8 With respect to the initiation of eminent domain proceedings for the acquisition < parcels, an independent appraisal of the properties has been completed asses5 value. Formal offers have been made to the respective property owners. Nego between the owners and the City’s Special Counsel are continuing. It is expec purchase agreements between the City and one or potentially all of the property will be consummated in the near future relieving the need to proceed further \i eminent domain proceedings. However, it is critical to the Batiquitos project current schedule to proceed with the eminent domain action in the event the p agreements are not consummated in time for the eventual construction bic scheduled for approximately March 1 , 1994. It is important to note that the i of these proceedings does not preclude or in any way negatively impact the 1 purchase negotiations with the property owners. In accordance with State law, the City has given proper notice of the public hc the owners of the properties. The City is not required by law to consider the of any person to be heard who did not submit a written request to be heal before the date of the hearing. Only the owner of the property to be acquirc right to be heard. Adoption of the accompanying Resolution of Necessity requires an affirmative at least two thirds of the members of the City Council and conclusively establi: findings therein. ENVIRONMENTAL REVIEW Pursuant to California Public Resources Code Section 21 000 and follow Carlsbad City Council certified the Environmental Impact Report (EIR) for the Bi Lagoon Enhancement Project on August 14, 1990 including provisions identification and acquisition of properties and rights-of-way required for the GENERAL PLAN CONSISTENCY On July 18, 1990, the Carlsbad Planning Commission pursuant to C Government Code section 65402 found the project and the necessary propertic consistent with the City‘s General Plan. FISCAL IMPACT Costs associated with acquisition of the four (4) properties total $497,000 ba the appraisal report. There will be additional unspecified minor expenses costs, filing fees, escrow and document recording fees, etc. Property apprai total approximately $20,000 and legal fees are estimated at $75,000. c 0 e .. Page Three of Agenda Bill No. !& 5,$? 8 The estimated property acquisition costs totalling $497,000 will be paid directll Port of Los Angeles with the remaining miscellaneous expenses and consultar paid by the City of Carlsbad and reimbursed to the City from the Port. Under thl of the existing agreement between the City and Port, all City costs associated v Batiquitos project are fully reimbursable to the City. EXHIBITS 1. Resolution No. cjli-8 authorizing and directing the condemnation of real property interests required for the Batiquitos Lagoon Enhancement I 4 L 1 2 3 4 5 6 7 8 9 10 11 12 0 0 RESOLUTION NO. 94-8 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORlZlN DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTE IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DEClARlN PUBLIC NECESSITY THEREOF. WHEREAS, the City of Carlsbad, County of San Diego, State of Cal woposes to enhance the Batiquitos Lagoon in the City of Carlsbad, hereinafter r ':o as "the project"; and WHEREAS, the project requires the acquisition of certain real property; WHEREAS, the City of Carlsbad may exercise the right of eminent domair xquisition of real property for the project pursuant to California Governmei ' ections 37350 and 37350.5; and l5 16 lii WHEREAS, the plans for the project in the City of Carlsbad are on file \ ity Engineer of the City of Carlsbad, California; and WHEREAS, on July 18, 1990, the Planning Commission of the City of C 20 21 22 24 25 23 26 kity of Carlsbad General Plan; and I WHEREAS, on August 14, 1990, pursuant to California Public Resourl bection 21000 and following, the City Council of the City of Carlsbad, C I ertified an environmental impact report for the project; and WHEREAS, the real property sought to be acquired is located within the imits of the City of Carlsbad, California, and is necessary for the proposed prl i 28 . L 1 2 3 4 5 6 7 8 10 9~ 'I. 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the City of Carlsbad, California, has established the amounts it believes to be the just compensation for the hereinafter described real pi sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of C; California, has offered to the owners of said real property the full amount este as just compensation for said real property sought to be acquired; and WHEREAS, the City of Carlsbad, California, has provided said owners of: property a written statement and summary of the basis for the amount establ just compensation for the real property sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of 1 to the owners of the real property sought to be acquired, and the owners ha I to favorably respond in a timely manner to the offers of the amounts establishc City of Carlsbad as just compensation; and WHEREAS, pursuant to the provisions of California Code of Civil PI /Section 1245.235, the owners of real property sought to be acquired who land addresses appear on the current equalized County Assessment Roll, have a Notice of Intention to Adopt a Condemnation Resolution, and have been with an opportunity to appear and be heard on the matters referred to in Code of Civil Procedure, Section 1240.030; and WHEREAS, sufficient funds are available to the City of Carlsbad, Ca I jbe deposited with the court in the amount of the aforementioned value property sought to be acquired; j._. 2. 9 - , - 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 15 16 17 18 l9 0 e NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, Ca which finds, determines, and hereby declares: 1. 2. 3. That the above recitations are true and correct. That the public interest and necessity require the proposed proje That the proposed project is planned and located in a manner wl be most compatible with the greatest public good and the least private injury 4. That the real property, hereinafter described in this Resoli necessary for the proposed project. 5. 6. That the proposed project is a matter of public necessity. That the use of all and each and every part of said hereinafter c 1 real property for the use and purposes of the proposed project is a public use i authorized by law. I 7. That the public interest and necessity requires that the real hereinafter described in this Resolution, be taken. 1 That the law firm of Asaro & Keagy, hereinafter referred to a: 'Counsel" be and is, authorized, empowered, and directed, in the name of tl 8. 21 23 22 24 25 26 27 28 Carlsbad, to acquire by donation, purchase, or condemnation, in accordanci provisions of the Code of Civil Procedure of the State of California related t domain, the hereinafter described real property. 1 I I 9. That Special Counsel is authorized and directed to prepare and in the name of the City of Carlsbad such suit or suits in the proper eo jurisdiction thereof as are necessary to condemn, take, and acquire said !described real property, or any part thereof, for the proposed project. 3. .. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 0 10: That Special Counsel is authorized and directed to make an applica' said court for an order determining the amounts of money to be deposited as sc for the payment of the just compensation which will be made for the taking of tl property or any part thereof, for the proposed project and any damage incident tl and to make application to said court for an order permitting the City of Carls take immediate possession of and to sue said real property and part then interests therein, sought to be condemned for the proposed project. 11. That Special Counsel is authorized and directed to make deposit fc security for such real property out of proper funds under the control of the Carlsbad in the amount determined by the court in the manner directed by thc That Special Counsel is authorized and directed to incur on behal 12. City of Carlsbad all reasonable and necessary expenses in the prosecution of suits to condemn said real property. 13. That the real property referred to in this resolution is situated in of Carlsbad, County of San Diego, State of California, and is more particularly d in the parcel descriptions identified in attached Exhibit "A" incorporated by r and made a part hereof. 14. That the City Council of the City of Carlsbad, California, hereby a and approves deposit with the court of funds for the acquisition of real consistent with the intent of this Resolution. *.. ... ... 4. c a ~ PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbz day of January , 1994, ollowing vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finni NOES: None ABSENT: None 5. -. e 0 4 - EXBIBIT "A" COPY LEGAL DESCRIPTION APN: 216-340-16 VESTING: CONSTANCE S. SAMHIS AND JOHN M. LAMB THAT PORTION OF LOT 1 AND LOT 4 OF SECTION 33 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING A'r TIlE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LfNB OF INTERSTATE IiIGIlWAY FIVE PER MS 775 AND THE NORTH-SOUTH QUARTER SECTION LINE UP SAID SECTION 33, SAID QUARTER SECTION LINE ALSO BEING A PORTION OF THE SUBDIVISION BOUNDARY OF CARLSBAD TRACT 85-14 PER MAP NO. 11616 AS RECORDED SEPTENBER 12, 1986 IN THE OFFICB OF THE COUNTY RECORDER OF SAID COUNTY; TlIENCE ALONG SAID QUART= SECTION LINE SOUTH 0°55'46" WEST 634.76 FEET TO THE TRUB POINT OF BEGINNING; TIIENCE LEAVING SAID QUmER SECX'ION LINE AND SAID SUBDIVISION BOUNDARY NORTH 4198'46" EAST 37.66 FEET; THENCE NORTH 3226'50" EAST 86.70 FEET; THENCE NORTH 2124'18" EAST 146.24 FEET; TO A POINT ON THE WESTERLY RIGHT-Of-WAY OF SAID HIGIIWAY FIVE THENCE ALONG SAID RIGIIT-Of-WAY SOUTH 18°04'10 EAST 80.62 FEm; THENCE SOUTH 31°00t56" EAST 381-40 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF- WAY ALONG A PORTION OF SAID SUBDIVISION BOUNDARY SOUTH 33.09'27" WEST 613.26 FEET TO A POINT ON SAID QUARTER SECTION LINE; THENCE ALONG SAID LINE NORTH OOO55'46" WEST 679.55 PEGP TO THE TRUB POINT UP BBGINNINQ. HAVING AN AREA OF 3.728 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS LEG= DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER m CECIL B'. RYAW P.L.S. 3997 Q q?' G\L E. f?Ja %b No. 3997 WP %OF c@N* , .. ~ _.. .. .. .... _. 1 I 1 -72 I w- nEM .. .. .. ..... t. DlSTANQ cnw I -- MI DiR€ u- 1.4- s IBW'IO'E 1 a61 .. 7 5720 ACMS I Ll N 41 46- E 37.66' u NL4Jkw-E I 8676 H2174'18- E I 146.24' , --. . -- NO Is: IJHII.HYUI'. 51 IflW In wr #4 m BASED OH. RLWW UAM I3EAumGs SHOW IrnW nRE BASED OH M CALCaA IJU(BERT SYSIEU 2- 6 NN) 85 CITY OF CARLSBAD- . nssEss" PARCEL No. VEsm IN2 * LAN0 AQUlSfTlON Puf CONSTANCE ws :. aa~@neeriy Lad krm Right-of-way- Engineering Se!fyices, Inc.' 216-1 40-16 J(ZHN LA~JB -. 2103 0 c- R& si- 708 ceemskk. CA. 9- DATE: 6/15/92 sHEET1oFl (619) 757. 441.5 ACAU INH! smew L 0 0 , c EXH I B IT "A" GQF,py LEGAL DESCRIPTION APN: 216-121-02 AND 216-121-03 VESTING: ROY K. MITSUUCHI, NANCY M. MITSUUCHI THAT PORTION OF LOT 2 OF SECTION 35 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED MAY 3, 1883, AS DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2 THENCE ALONG THE WEST LINE OF SAID LOT 2 SOUTH 00'30'25" WEST 650.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 34°S0'29fi EAST 25.05 FEET; THENCE SOWTH 88'23'16'' EST 186.46 FEET; THENCE SOUTH 24°35'191v WEST 32.20 FEET; THENCE NORTH 89O25'19" EAST 74.19 FEET; THENCE NORTH 76°15'571p EAST 107.18 FEET; THENCE NORTH 21°11'18~8 EAST 124.19 FEET; THENCE NORTH 61°34r2181 EAST 108.27 FEET; THENCE NORTH 37O32'46I1 EAST 83.49 FEET; THENCE NORTH 87°27r081g EAST 172.57 FEET; THENCE SOUTH ~39"37'38~* EAST 98.65 FEET; THENCE SOUTH 73°55'2711 EAST 197.30 FEET; THENCE SOUTH 12°08t291f WEST 71.27 FEET; THENCE SOUTH 14O31'43'' WEST 69.45 FEET; THENCE SOUTH 69O58'09'' EAST 43.35 FEET; THENCE SOUTH 52"07'02" EAST 151.89 FEET; THENCE SOUTH 23'32'13l' EAST 124.62 FEET; THENCE NORTH €38'46'19" EAST 61.11 FEET; THENCE NORTH 43°59f52'w EAST 58.68 FEET; THENCE NORTH 72'31'59" EAST 20.64 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE SOUTH 00'32' 02'' WEST 206.09 FEET TO THE SOUTHEAST CORNER OE SAID LOT 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 2 NORTF 82°17'54r1 WEST 796.74 FEET; THENCE SOUTH 60°41'40'i WEST 607.93. FEE3 TO THE SOUTHWEST CORNER OF SAXD LOT 2; THENCE ALONG THE WEST LIN; OF SAID LOT 2 NORTH 00°30'251r EAST 549.39 FEET MORE OR LESS TO THj TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.837 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PU LABELED EXHIBIT %''- THIS LEGAL DESCRXPTION AND PLAT WERE PREPARED BY ME OR UNDER ! DIRECTLON. CECIL$. e/+, RYAL V/dE P.L.S. 3997 I,, e COPY? , d- . . . . . . . . . S.U.G.E. LSMI. A 78-198903 O.R. ._......... ( CARLSBAD WATER k SEWER EASEMENT ..._...... i i - PACTEL ESMT. i i I CARLS8AU ROAD ESMT 81-189715 0.R. 0 e -, COPY EXHIBIT "A" LEGAL DESCRIPTION APN: 216-121-14 VESTING: NEWPORT SHORES BUILDERS INC. THAT PORTION OF LOT 3 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE WEST, SAN BERNARDINO MERIDIAN,IN THE CITY OF CAEUSBAD, COUNTY 0 SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TU MAP OFFICIAL PLA THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3 THENCE ALONG TH WEST LINE OF SAID LOT 3 SOUTH 00°32'021* WEST 612.88 FEET TO THE TRu POINT OF BEGINNING; TIfENCE LEAVING SAID WESTERLY LINE NORT 66'44'34" EAST 95.93 FEET; THENCE NORTH 39'44'13" )3AST 79.97 FEE? THENCE NORTIL 58"0OfO0" EAST 36.83 FEET; THENCE NOnH 13°50r291* EAS 54.57 FEET; TIiENCE NORTH 0G"39'17fp EAST 65-92 FEET; THENCE NOR'I 75°10'481B EAST 40.70 FEET; THENCE NORTH 65"43'00'* EAST 45.27 FEE'I THENCE NORTII 84"12'16" EAST 59.22 FEET; THENCE SOUTH 19'42'48" WE5 155.64 FEET; THENCE SOUTH lOO14'24'' WEST 84.50 FEET; THENCE SOU'I OOo15'521p WEST 59.37 FEET; THENCE SOUTH 02'07'15 EAST 56.76 FEE3 THENCE SOUTfI 08O22'34" WEST 64.28 FEET; THENCE SOUTH 01'03'55" EA! 69.11 FEET; THENCE SOUTH 13'50'501* WEST 160.12 FEET; THENCE SOU? 12'56'59'1 WEST 36.55 FEET TO THE SOUTH LINE OF SAID LOT 3; THEN( ALONG SAID SOUTH LINE NORTH 82'17'54 WEST 215.82 FEET TO TI SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG SAID WEST LINE OF SA LOT 3 NORTH 00'32'02" EAST 368.28 FEET TO THE TRUE POINT ' BEGINNING. HAVING AN AREA OF 3.035 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PL LABELED EXHIBIT "B" - THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER DIRECTION. Qg4A CECIL/ . RYAL ?%jwi? P.L.S. 3997 u r \POINT COMMENCEMENT OF e . ! lc(Qpy - ... --- - . NW. COR. LOT 3 * A=---- DRAINAGE & ACCESS WAlER ik SEWER UTlLIllES EWT. CIIY OF CARLSBAD W unun EASEMENT i ......... ......... ........ ........ ...... ....... ..... ........... .......... ..... ............ ..... ................... ..................... ..... .......... ............... 0 0 I LEGAL DESCRIPTION APN: 216-121-01 VESTING: BARBARA M. MURPHY, HOWARD F. MURPHY, BARBARA McCARTNEY MURPHY THOSE PORTIONS OF THE NORTH 20 ACRES OF LOT 1 OF SECTION 35 IN TOWNSIIIP 12 soumi, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE cIn OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T'O UNITED STATES GOVERNMENT SURVEY THEREOF; AS DESCRIBED AS PARCEL NO. 1 AND PARCEL NO. 2 AS FOLLOWS: PARCEL 1: COMMENCING AT TIIE NORTHWEST CORNER OF SAID SECTION 35 THENCE ALONG THE WEST LINE OF SAID SECTION 35 SOUTH 00'31'55" WEST 430.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE SOUTH OO"31'55" WEST 230.79 FEET TO THE SOUTHWEST CORNER OF THE NORTH 20 ACRES OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID NORTH 20 ACRES SOUTH 88°48r1-011 EAST 698.79 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 56°46'4111 WEST 53.09 FEET; THENCE NORTH 12°17r31't WEST 128.38 FEET; TIIENCE NORTH 77'32'28*# WEST 57.25 FEET; THENCE SOUTH 44"46'47It WEST 48. GO FEET; THENCE SOUTH 88°06'131t WEST 68.23 FEET; THENCE SOUTH 78°21'03'1 WEST 76.24 FEET; THENCE SOUTH 49016'511' WEST 63.00 FEET; THENCE NORTII 88'34'29'' EAST 77.67 FEET; THENCE NORTH O8"Olf 02" WEST 67.82 FEET; THENCE NORTH 23'58'25'' EAST 143.16 FEET; THENCE NORTH 83°45'45tt WEST 72.18 FEET; THENCE SOUTH 77'12'10" WEST 124.55 FEET; THENCE NORTH 83'25'06" WEST 84.61 FEET; THENCE SOUTH 64°25f521t WEST 41.93 FEET TO THE WEST LINE OF SAID LOT 1 AND TRUE POINT OF BEGINNING. HAVING AN AREA OF 2.606 ACRES MORE OR LESS. PARCEL 2: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 0°30'25'1 WEST 650.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 34'50'29" WEST 64.92 FEET; THENCE SOUTH 76"42'38" WEST 38.65 FEET; THENCE NORTH 20% f 53" WEST 84.84 FEET; THENCE SOUTH 85"10'46" WEST 13 15 FEET; SOUTH 04O26'07 WEST 77.59 FEET; THENCE SOUTH 73'14'05" WEST 175.47 FEET fro THE SOUTH LINE OF TIiE SAID NORTH 20 ACRES OF LOT I; T'HENCE ALONG SAID SOUTII LINE SOUTH 88"48'10" EAST 291.11 FEET TO TIIE EAST LINE OF SAID LO'l' 1; THENCE ALONG SAID EAST LINE NORTH 0'30'25" EAST 11.16 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13,180 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT 'lBrt. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY 73d .- A?? 7M92 I_ I 0 .. w SCALE 1 1 -= 200' i NE. CORNER LOT3 COMMENCEMEN r PO% LOT -f \\ PACEL ESWT. WA TER/S€XR f SMT. aw OF OCEANS~DE h pi c UI 0 -.-.w-H-= W b r 0 N 2 0 z ................. ................. .................. .................. lwwP€R fY ti)--CNILsm 1A A- R %6c5mwm8 - qmm- j*F [i';.-~nr Ilb qbNcA nb. @--tmImtc6 U . j\Lkrn$D' 3-m . .. .. .. .... January 5, 1994 Asaro & Keagy Attn: Dick Freeland Fourth Floor 31 70 Fourth Avenue San Diego, CA 92103 RE: CONDEMNATION - BATIQUITOS LAGOON ENHANCEMENT PROJECT Enclosed, per the request of John Cahill, are four (4) certified copies of Resolution No. 94- 8. The resolution was adopted by the Carlsbad City Council at their meeting held January 4, 1994, and authorizes and directs the condemnation of certain real property interests in Carlsbad. P- - LEE RAUTENKRANZ, CMC City Clerk encs: (4) 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28 4L‘d 1. co 9; la Dccciiibcr 9, I993 a E @ Mr. Ro$coe D, Keagy f3 a 0 AFAKO & XCEAGY 3170 Poorhh AV~C 3 &r Fourth Floor $an Dicga, Cet8ifm3a 32103 Q: Rc: Carlsbad Pl‘oporty d c Dwr Mr. Kcagy: rl 1 g I r~cci~cd th~ attached notice, ~d~C~ei~~ YOU i~~dicak tllitt bcc Wie of titning Iintitations, you are going tQ bc forced to grocced with condemnation of illy pr~pcrty, in order that your ii1lprovemt!:tlt work call COM~IXYIGE in a tiindy I fiLbhiWL Then YOU state that this notice should 1101 crcatc problcius in csnfinuancc of my disci1ssi~cms on sdling the properly IC, yau, tl~c implication being, without tlic ncccssity of undcrgohg emhcnt doinaiii proceedings, This coiifu~cs mc. As you know, I am rmdy to proceed with the sale OF the yropcrty to the City, witl~sr~t delay, which sl~ould bc able EO be a~c~j~>pli~hcd bg” all parks within a 30 day pcxiod, OP Icw. This cctr;ninly would bc a anus11 shrsrecr ycrisd of time than ~Jic coi:dceniaatirsn procedure, and could be accamplislicd at fw ICSS cxp~~rsc as the; City. 811 I Isavc ask& for, in my scvcr~~1c~,t~rs to your is clarificatissa on scxerat of tlac pohts of tih, and assurance that my rcmainiiqg propcriy, abutting the pard bcing sold to you, would havc acccss. )I consider tlic condcainntioii notice as urinceessiary, atad I am tist amious to Iairc %cgal, COU~IC~~ to reprwxt me at the hczring date mcntioncd bccettse sf tlac ut1nrscossamy CBS~ which would C~ISUO, Plctzsc advjsc as to !low you would like IIIC tu prwcscd. In !he rtlcan’riine, I hm asked far clarificatim information froin you 011 scvcral sf ti16 titic cxmptions rcf5smccd in the pscBjrninary fitfe rcpott proviclcd to MB by yoursclvcs. Whal is itic iiaim of the pr~pcr conW pcrson with tlx title ccri-nlpany king uscd, wit11 the proper rcfcrcnce ~LIM~T, so !Hiat if n~e~$ary, B cart pursue ihcsc al’B$wcI”s mysd fl Y &a ~~~~,~~~~~~~S Lagoon Enkatrccmcilt Projced. (3 d t ', * 0 0 1 .. Mr. Roxoe 13. Kezegy DNcinbcf 10, 1993 Page Twu My &sire is t~ prwccd wikh the safe of property to you, witlaaut delay, and just as rapidly as you can r~spund tr;, me, any \hai.tks for your assistmcc and att~ntion IO this n~atlcr. 4 .t*r- 7Tzcv Attachrlacnt tc The Honorable Claudc !Lewis, Mayor of Carlsbad Thc HooioritbEc Ron Bail, City Attorncy Mr, WicRard Frccland, As,afo S3r. Kcwgy h48 kc Rzirtcnkmnz, City Hall Mr. John cam, City Hall LI ItMJ2.PIb -D/L I. 2 qct 0 0 constance sharp sammis -, December 9, 1993 Mr. Roscoe D. Keagy ASARO & KEAGY 3170 Fourth Avenue Fourth Floor San Diego, California 92103 Re: Carisbad Property \ Batiquitos Lagoon Enhancement Project Dear Mr. Keagy: I received the attached notice, wherein you indicate that because of timing limitations, you are going to be forced to proceed with condemnation of my property, in order that your iinproveinent work can commence in a timely fashion. Then you state that this notice should not create problems in continuance of my discussions on selling the property to you, the implication being, without the necessity of undergoing eininen t domain proceedings. This confuses me. As you know, I am ready to proceed with the sale of the property to the City, without delay, which should be able to be accomplished by all parties within a 30 day period, or less. This certainly would be a much shorter period of time than the condemnation procedure, and could be accomplished at far less expense to the City. All I have asked for, in my several letters to you, is clarification on several of the points of title, and assurance that my remaining property, abutting the parcel being sold to you, would have access. I consider the condemnation notice as unnecessary, and I am not anxious to hire legal council to represent me at the hearing date mentioned because of the unnecessary cost which would ensue. Please advise as to how you would like me to proceed. In the meantime, I have asked for clarification information from you on several of the title exceptions referenced in the preliminary title report provided to me by yourselves. What is the name of the proper contact person with the title company being used, with the proper reference number, so that if necessary, I can pursue these answers myself? I -. 0 0 Mr. Roscoe E. Keagy December 10, 1993 Page Two My desire is to proceed with the sale of property to you, without delay, and just as rapidly as you can respond to me. Many thanks for your assistance and attention to this matter. since@ B/yl - -w Constance S. Sammis, TTEE Attach inen t cc: The Honorable Claude Lewis, Mayor of Carlsbad The Honorable Ron Ball, City Attorney Mr. John Cahill, City Hall Mr. Richard Freeland, Asaro & Keagy I% Lee Rautenkranz, City Hall Ll'KOI92.als yJ#- %- ,. 0 MCse A- L22- b 630 9d&, /& x d& -6d92UO8 (6f9) 434-#557 mG& + 9-w December 9, 1993 City Clerk CERTIFIED MAIL-RETURN RECEIPT city of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Batisuitos Lasoon Enhancement Project Dear Sir: I am requesting to be heard at the hearing on the above note project scheduled for January 4, 1994. This request is in respons to the letter dated December 6, 1993 concerning the taking of acres from my property. I respectfully request that my son, Michael Kevin Murphy, and I b heard at this hearing. Thank you for your consideration of this matter. Sincerely yours, _e*" .-, 7 / f .-A .P)/ ;JA /&/# P 4{ 3 <, e- ;~-~)'$~L&&3. q- 1 ' P /' /'i i Dr. Howard F. Murphy J %- .92+ e 638 9d&,/&$ 4- &d92&78 (6f9) 434-4557 12-1 5-1 9; 9!2?&8& BPGC -- - g-+ December 9, 1993 City Clerk CERTIFIED MAIL-RETURN RECEIPT City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Batiauitos Lacroon Enhancement Project Dear Sir: I am requesting to be heard at the hearing on the above note# project scheduled for January 4, 1994. This request is in respons to the letter dated December 6, 1993 concerning the taking of acres from my property. I respectfully request that my son, Michael Kevin Murphy, and I b heard at this hearing. Thank you for your consideration of this matter. Sincerely yours, vr &&m4 2 2% Dr. Howard F, Murphy e e ASARO & KEAGY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE FRANK L ASARO ROSCOE D KEAGY RICHARO R FREELANO STEVEN A MCKINLEY SAN DIEGO. CALIFORNIA 92103 ARNOLD NEVES. JR TELEPHONE (619) 297-3170 IN REPLY TIMOTHY M BARRY REFER TO TELECOPIER (619) 299-4268 NOTICE OF PUBLlC HEARING TO ADOPT A RESOLUTION OF NECESSiTY December 6, 1993 Donald B. Ayres, Jr. Newport Shores Builders 506 Via Lido Nord Newport Beach, CA 92663 RE: Batiquitos Lagoon Enhancement Project Dear Mr. Ayres: You have not responded to our offer letter of November 10, 1993 to acquire property interests necessary for the City's Batiquitos Lagoon Enhancement Project. We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy arid to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy. The City of Carlsbad will hold a public hearing on January 4, 1994, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Batiquitos Lagoon Enhancement Project. .. 0 e Pursuant to California Code of Civii Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project. If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing. Your written request should be addressed to the following: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Batiquitos Lagoon Enhancement Project January 4, 1994 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO & KEAGY &..of+- Roscoe D. Keagy J RDK:crw cc: City Clerk Ron Ball John Cahill 2 a @ ASARO & KEAGY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 FRANK L ASARO ROSCOE D KEAGY RICHARD R FREELAND STEVEN A MCKINLEY ARNOLD NEVES. JR TIMOTHY M BARRY IN REPLY TELECOPIER (619) 299-4268 REFER TO NOTICE OF PUBUC HEARING TO ADOPT A RESOLUTION OF NECESSITY December 6, 1993 Mr. Roy K. Mitsuuchi, Trustee Ms. Nancy M. Mitsuuchi, Trustee 1120 South Figueroa Street Santa Ana, CA 92704 RE: Batiquitos Lagoon Enhancement Project Dear Nr. acd Mrs. Mitsuuchi: It is expected that we will be unable to finalize the acquisition of that portion of your property necessary for the City's Batiquitos Lagoon Enhancement Project in time to meet the construction schedule for the project. Therefore, in order to assure the City's ability to meet its construction schedule, it will be necessary to commence an action in eminent domain in the Superior Court of the State of California, County of San Diego. Prior to commencing such an action, the City Council must adopt a resolution of necessity authorizing the condemnation of that portion of your property necessary for its proposed project. It is the recommendation of our firm that condemnation proceedings be instituted in order to meet the time constraints relating to the Batiquitos Lagoon Enhancement Project. However, the institution of a condemnation action should not interfere with finalizing a settlement in this matter. The City of Carlsbad will hold a public hearing on January 4, 1994, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Batiquitos Lagoon Enhancement Project. r e e Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; acd (c) the property sought to be acquired is necessary for the project. If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing. Your written request should be addressed to the following: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Batiquitos Lagcon Enhancement Project January 4, 1994 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO & KEAGY Roscoe &.../&- D. Keagy J RDK: crw cc: City Clerk. Ron Ball John Cahill 2 .. 0 e ASARO & KEAGY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE FRANK L ASARO ROSCOE D KEAGY RICHARD R FREELAND STEVEN A MCKINLEY SAN DIEGO. CALIFORNIA 98103 ARNOLD NEVES. JR TELEPHONE 16191 897-3170 IN REPLY TELECOPIER 16191 299-4268 REFER TO TimoruY M EARRY NOTICE OF PUBtlC HEARING TU ADOPT A RESOLUTION OF NECESSITY December 6, 1993 Mr. John M. Lamb 947 North La Cienega Boulevard #H Los Angeles, CA 90069 Ms. Constance S. Sammis, Trustee 25 Beacon Bay Newport Beach, CA 92660 RE: Batiquitos Lagoon Enhancement Project Dear Mr. Lamb and Ms. Sammis: It is expected that we will be unable to finalize the acquisition of that portion of your property necessary for the City's Batiquitos Lagoon Enhancement Project in time to meet the construction schedule for the project. Therefore, in order to assure the City's ability to meet its construction schedule, it will be necessary to commence an action in eminent domain in the Superior Court of the State of California, County of San Diego. Prior to commencing such an action, the City Council must adopt a resolution of necessity authorizing the condemnation of that portion of your property necessary for its proposed project. It is the recommendation of our firm that condemnation proceedings be instituted in order to meet the time constraints relating to the Batiquitos Lagoon Enhancement Project. However, the institution of a condemnation action should not interfere with finalizing a settlement in this matter. 0 0 " The City of Carlsbad will hold a public hearing on January 4, 1594, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Batiquitos Lagoon Enhancement Project. Pursuant to California Code of Civil Procedure Section 1245.235, each person whose propercy interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project. If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days afcer the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing. Pour written request should be addressed to the following: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Batiquitos Lagoon Enhancement Project January 4, 1994 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO & KEAGY Roscoe 6 D. Keagy d+ RDK: crw cc: City Clerk1 Ron Ball John Cahill 2 0 e .4 ASARO 6 KEAGY ATTORNEYS AT LAW FRANK L ASARO FOURTH FLOOR ROSCOE0 KEAGY RICHARD R FREELAND STEVEN A MCKINLEY SAN DIEGO. CALIFORNIA 92103 ARNOLD NEVES. JR TlMOTHY M BARRY TELECOPIER (6191 299-4268 REFER TO 3170 FOURTH AVENUE IN REPLY TELEPHONE I6191 297-3170 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY December 6, 1993 Ms. Barbara M. Murphy Messrs. Howard F. Murphy & Michael K. Murphy, Co-Trustees 400 North La Costa Avenue Carlsbad, CA 92009 RE: Batiquitos Lagoon Enhancement Project Ladies and Gentlemen: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy. The City of Carlsbad will hold a public hearing on January 4, 1994, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Batiquitos Lagoon Enhancement Project. 4 0 0 B Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project. If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing. Your written request should be addressed to the following: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Eatiquitos Lagoon Enhancement Projecc January 4, 1994 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO 5( KEAGY /a. /w ff-- -- Roscoe D. Keagy RDK : crw cc: City Clerk$( Ron Ball John Cahill 2 * d- e 0 FR -1- TOTAL PAGES: -- - ,.-,. , , ,,. r 6 *L-- NO PLEASE RBPL YES PI-tEASE CfiL '6141675-3996 WXTI.1 Am T _y_I ~~~~~~ ~~~~~.~~~~* - 1- i 0 ASARO & KEAGV /. f 0 ATTORN~ZYB Ar L~W a170 FQUnTH ~VCHUC %L@tracrd 10'91 2er.sim \*# '- I PRANK L. ASARO CCWWPW PLQQR FIVBCOC w. nehev M~CHAPIO II, rncicww S~~CVCN A, mcriNteY A~NWO RILVCS, *IA, TIMOTMY W, nCRWY %w OibQB, CAbIPO'RWIA s131Q3 1N mPgP4.x' l'tfZC';;Pr?t;R l0lW zu042ce WWER TO:.--.--. . . peancE OF @JB !,IC k.lkN3ONd PO ADC?PT A RESOCtJi'W3N OF NECESSXU. DecembEa 5, 1993 t -"C. .. I Mr. John W, Lamb 947 North La Ciencyya Bcaulevaxd ilXi LEOS Angeles, @A I 90069 Mr. Constancse S, SarnfiLc, Trustee Newpact Beach, CA $2650 25 Beacon Bay RE: Batiquitas Lagoon Enhancament Project fieag Wr. banb and Ms. Sammis: Xt ig sxpacke8 that we will be unable to finalize the City's Ratiquitss Lagoan Enhancement Project in tiwe to meet e218 consteuctfon sr=hsdule for the project. Thharrefsec, i.sa order to will bc noceasary to eernmenca an action in minent domaia in t,ho Superiog Couxt af the State of CaLifsrnh, County of San Piego. prior to cornmomzing such an action, the Gfty Cslnncfb must adopt a resoLutl~n 03 necessity auchosiaing &ha condemnation of that psgtiun 00 youx grclperty neacceary €00: its proposed praject. Id: is the recommendation of QUE firrr, that condemnation p~oceedlngs be Smstftuted in ordas t~ meet the tima canotraints relating to tha mtiquitofa bagom Enhancement PrcbJeot. Howevexr the S~~titiitio~ of a condemnation auLion 6houid not interfere with finalFz,ing a settlenent in this matkeg. acqtifsitim of khat poztfon of your pr9gert.y necessary for the a$8Ure the City's ability to meet its construction ss;'hadula, st 1 -- ."-LA-.- dV e e The City of GaxLsbaa w~ll hold I GubLic hearing OIL JnnuargF 4, 1994, at 6;05 pqMr or 8s soan thereafter as the matter may be hard at the city Gduxlsel Cha1~1;t;r~ located at 1208 Elm a~came, Csrlsbad, CaLifomSa. Xt is the intent csE the City of Carisbad ta consider at that time the adoption of a Resdukion sf Necessity to authcsrilza the condemnation of a portion QE you^ pmp~ty for the ~akiq~iko~ Lagoon Bnhansement Project, Pursuant tQ Califcrnia Code of Civil Procedure Section 124S.231ir each geZSOl., WbOScl pmgerty interests are to be acquirab by eminent domain has the xight to apgear and be haax-d at tba hearing. The City of Carlsbad wilL hstermlns whether (a) tho public fntemst and necessity requirs tila project; (b) ths project is planne?d or PocatetO in the ~ianner that will be the maat cmpatLbh with the greatest public good and tho Least private irnjugy; and,,,(.cS. the propez?'cyr sought te be acqidreid is n~?cb@~ary-50= the project. XE you wish to speak eithec for 03: against the issues which age outlined ~~QYO, YOU m~st file B written request within ffft,cc",xr (25) days trona the date of this lottes;. Failurrs to file w. written request to apgea3: and be hard In the office of *ha Csty ~losk of the City of CarLsbad within fifteen (15: days a€tw the date this Notice is mailed will result in W~~VQF of the riglac te appeal: anel be heard at the aforementioned hazingB your written request Shwld bo saddmssed to the following: City Clerk City of Cnrl.shad 1200 Elm Avenue CarlgbaB, CA 92008 RE: Ratiqu$fo@ Lagoon Enhancem~nt Perujcct; Januagy 4, E994 Hearing Date PLWSQ feel Pres to call. us should you have any qulaskicras, Very truly yuu;K"5# ASARO et MEAGY &+ id? Rsseoa n. Keagy RDK: cry @c: City Cl.erk Ron Ball Jehn Cakill 2 v\-oc,oc - y-- e a IZ/Al/ t e sharp s qc P I I Ms. Lee Rautenkrmz City Clerk I City of Carfsbad I 1220 Elm Avenue Carlsbad, CA 92008 I December 18, 1993 Ms. Rautenkfanz: This note will serve to let you know that I will not be able to attend the hearing on January 4, 1994 at G p.m. with the City Council Chamber to discuss condemnation proceedings in connection with the Batiquitos Lagoon enhancement project. However, I will have a representative there to present our interests. John Lamb and I own the parcel A€" 2 16- 140- 16, and we are eager to close our escrow with the City of Carlsbad for sale of our property to them. t mf Constance S. Sammis -T p 4 I / r @&>jp wf, ASARO & JCEAGY AlTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE D. KEAGY RICHARD R. FREELAND STEVEN A. McKINLEY ARNOLD NEVES, JR. STEVEN M. SHEWRY WILLIAM J. HEALY GARY L. SIROTA 3170 FOURTH AVENUE SAN DIEGO, CA 92103 TELEPHONE (619) 297-3170 TELECOPIER (619) 299-1268 IN REPLY REFER TO - March 5, 1991 5 E c E 3aJ *E s MAR - 8 1991 cf.fy QF c@%:+sL&& Mr. Vincent F. Biondo, Jr. gin 8kTPBkXk.V City Attorney CITY OF CARLSBAD 1200 Elm Street Carlsbad, CA 92008-1989 RE: Citv of Carlsbad v. Wrisley, et al. Case No. 35127 Citv of Carlsbad v. Tabata. et al. Case No. 43919 Dear Vince: Pursuant to your letter dated February 28, 1991, the statu The Wrisley and Tabata cases have been completed by entry o judgments and recording of final orders of condemnation. A cop of the final orders are enclosed for your files. of the above-captioned matters is as follows: Please feel free to call me if you should have any questions Very truly yours, zE7k Roscoe D. Keagy RRF: crw Enclosures 7 '* f b 1 2 3 4 5 6 7 8 9 . 10 11 12 l3 14 15 j6 17 18 19 20 21 22 23 24 25 26 27 28 n ,': 3b iWf* I> L- 1174 - \? - .- VINCENT F. BIONDO, JR. City Attorney 1200 Elm Avenue Carlsbad, CA 92008 (619) 438-5531 WHEN RECORDED RETURN TO: ASARO & KEAGY, Special Counsel By: ROSCOE D. KEAGY By: RICHARD R. FREELAND Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 Attorneys for Plaintiff CITY OF CARLSBAD cy? A- f '3 :;< F; p& .c -- -- I- MAR - 18% By. #. KEhhA@> iC(~i1tb (61 9) 297-31 70 c N SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO NO. N43919 1 1 1 1 1 V. 1 1 1 1 1 1 1 1 1 ) 1 1 1 1 1 1 1 ) 1 CITY OF CARLSBAD, a Municipal Corporation, Plaintiff, FINAL ORDER OF CONDEMN2 NOBORU TABATA and and EVELYN TABATA, Co- Trustees, or their Successors in Interest Pursuant to the Tabata Family Trust Executed January 14, 1983; ISOKAZU TABATA; SAN DIEGO GAS & ELECTRIC COMPANY; HARMON C. BROWN; HAROLD THOMPSON; H. VON PACKARD; HARRY M. BOON; ARMAND DAVID COMPANY, INC.; DAVID B. ) THOMPSON; KAREN R. THOMPSON; ) CALIFORNIA FIRST BANK; HAROLD THOMPSON, Successor Trustee of the Wendy Kathleen Hazen Minority Trust, The Scott Daniel Hazen Minority ) /- 4 1 CFIW:JUOGE:TABATA.FO b 1 2 3 4 5 6 7 8 9 10 l1 '* 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11?5 Trust; The Jeremy Todd 1 Toby James Duffy Minority 1 INC. ; ROBERT E. WEIDNER; 1 EVELYN M. WEIDNER; RICHARD 1 JOHN DENNIS; KATHLEEN M. 1 DENNIS; TMNSAMERICA TITLE 1 INSURANCE; FIRST AMERICAN I 1 TITLE INSURANCE COMPANY; 1 and DOES 1 Through 50, 1 Inclusive, 1 1 Defendants. 1 1 Duffy Minority Trust and The ) Trust; THOMPSON ROSE COMPANY, ) and GEORGE BALL PACIFIC, INC. ) It appearing to the Court that judgment in condemnati has been entered in the above-entitled action on January 2 1990, adjudging that Plaintiff is entitled to take condemnation the property described in Plaintiff's Complaint file herein and more fully described hereafter and in accordan with this judgment, Defendants have received the sum of mon due; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, A DECREED that the real property and real property interes situated in the County of San Diego, State of California, a more particularly described in Exhibit "A" attached hereto ai made a part hereof, be condemned to Plaintiff for the purpo! of the Improvement of Poinsettia Lane in the manner proposed I Plaintiff in furtherance of public and general welfare. // // CRW: JU0GE;TABATAFO 2 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that certified copy of this Order be recorded in the Office of tl County Recorder of the County of San Diego, State of Californi, and thereupon, title to said property described herein sha vest in Plaintiff. Dated: w4:y] f., 12 L2-a ' 6 i, iu'J .'I Judge of the Superior Court APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney ASARO & KEAGY, Special Counsel By: /T@ Attorneys for Plaintiff Richard R. Freeland - 1 TABATA 11 1 1 (0 1 PR 3.4.62/CT85-35 I P TABXTX TITLE XEPORT NO. 2: EXHI9IT "X" LEGAL DESCRIPTION PARCEL 4x1 THAT PORTION OF SBCTION 28. TOWNSHIP 12 SOUTH, RANGE 4 WES~ BERNARDINO MERIDIAN, IN THE CITY OF CARLSBXD, COUNTY c DIEGO. CALIFORNIA. DESCRISED AS FOLLOWS: COM?ENCINC AT THE NORTHEAST CORNER OF SAID SECTION. SAI~ ALSO BEING THE NORTHEAST CORNER OF THE LAND CONVEYED TO N AND EVELYN TABATA. AS HUSBAND AND WIFE AND ISOKAZU TABA SINGLE MAN, PER DEED RECORDED NOVEMBER 28, 1983 AS FILE/PAG 83-428154,BEING THE SOUTHEAST QUARTER OF THE NORTHEAST QUART THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORT QUARTER OF THE NORTHEAST QUARTER OF SECTION 28; THENCE 00°34'18" WEST ALONG THE EASTERLY LINE OF SAID SECTION 1 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE 72O47'00" WEST 389.27 FEET TO THE BEGINNING OF A TANGENT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET: T WESTERLY ALONG SAID CURVE 339.30 FEET THROUGH A CENTRAL ANGl 11°46'30" TO A POINT ON THE WESTERLY LINE OF THE EAST HALF 01 NORTHEAST QUARTER OF THE -NORTHEAST QUARTER OF SAID SEC' THENCE SOUTH 00°32'47" WEST ALONG SAID WESTERLY LINE 118.50 TO A POINT ON A CURVE CONCENTRIC WITH AND 102.00 SOUTHEASTERLY OF THE CURVE HEREINBEFORE DESCRIBED AS HAV: RADIUS OF 1651.00 FEET, X RADIAL OF SAID CURVE TO SAID i BEARS NORTH 31°09'11" WEST: THENCE EASTERLY ALONG SAID c 376.77 FEET THROUGH A CENTRAL ANGLE OF 13°56'11"; THENCE TXI TO SAID CURVE NORTH 72O47'00" EAST 113.07 FEET TO THE BEGII OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 26 FEET: THENCE EASTERLY ALONG SAID CURVE 39.93 FEET THROl CENTRAL ANGLE OF 08°31'51'': THENCE TANGENT TO SAID CURVE P 81°18'51'' EAST 40.89 FEET TO THE BEGINNING OF A TANGENT C CONCAVE NORTHERLY HAVING A RADIUS OF 268.16 FEET: THENCE EAST ALONG SAID CURVE 39.93 FEET THROUGH A CENTRAL ANGLE OF 08O31' THENCE TANGENT TO SAID CURVE NORTH 72O47'00" EAST 119.63 FEE SAID EASTERLY LINE OF SAID SECTION: THENCE ALONG SAID EAST LINE NORTH 00°34'18" EAST 119.72 FEET TO THE POINT OF BEGIN OF THIS DESCRIPTION. ABOVE DkSCRIBED PARCSL QAT CONTAINS 76727.54 SQ.FT. OR 1.751 MORE OR LESS. TO BE KNOWN AS POINSETTIA LANE. PARCEL 4A2 THAT PORTION OF SECTION 28. TOWNSHIP 12 SOUTH, RANGE 4 WEST, BERNARDINO MERIDIAN, IN THE CITY OF CXRLSBXD, COUNTY Of DIEGO. CALIFORNIAS, DESCRISED AS FOLLOWS: f > i w (0 mTA 2 A COMMENCING AT THE SOUTHWESTSRLY CORMER OF PARCEL 4x1 HEREINS THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QU OF SAID SECTION, 178.64 FEET TO THE POINT OF BEGINNING OF DESCRIPTION: THENCE CONTINUING SOUTH 00°32'47" WEST ALONG WESTERLY LIXE 210.28 FEET TO THE INTERSECTION OF THE EXS PROLONGATION OF THE NORTHERLY LINE OF THE SOUTH 7.50 ACRES 01 WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION: THENCE 1 89O03'23" EAST 30.00 FEET ALONG SAID EASTERLY PROLONGATION POINT ON THE LINE PARALLEL WITH AlfD 30.00 FSET ZAST~:R] MEASURED AT RIGHT ANGLES TO SAID WESTERLY LINE: THENCE NORTH 00032'47" EAST 73.01 FEET ALONG SAID PARALLEL LINE TC BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVI RADIUS OF 330.00 FEET: THENCE NORTHERLY ALONG SAID CURVE 14 FEET THROUGH A CENTRAL ANGLE OF 24O37'12" TO SAID POI1 BEGINNING OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 4A2 CONTAINS 4962.65 SQ.FT. OR 0.114 MORE OR LESS. TO BE KNOWN AS ROSE DRIVE. DESCRIBED; THENCE SOUTH 00'32'47'' WEST ALONG THE WESTERLY LI PARCEL 48 (EASEMENT) AN EASEMENT OVER, ACROSS AND THROUGH THOSE PORTIONS OF SECT 21 AND 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARI MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DII CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 21, DISY NORTH 00034'17" EAST THEREON 8.64 FEET FROM THE SOUTHEAST COI OF SAID SECTION 21; THENCE SOUTH OOO34'17" WEST 8.64 FEET TO ! SOUTHEAST CORNER, BEING ALSO THE NORTHEAST CORNER OF SAID SEC': 28: THENCE SOUTH OOO34'18" WEST ALONG THE EAST LINE OF S SECTION 28 A DISTANCE OF 111.22 FEET TO TXE NORTHEAST CORNER PARCEL 4A1 HEREINBEFORE DESCRIBSD; THENCE SOUTH 72*47'00" k 389.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONC SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET: THENCE WESTE ALONG SAID CURVE 339.30 FEET THROUGH A CENTRAL ANGLE OF 11O46' TO A POINT ON THE WESTSRLY LINE OF THE EAST HALF OF THE NORTHE QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION: THENCE NC 00032'47" EAST ALONG SAID WESTERLY LINE 141.61 FEET: THENCE NO 54020'25" EAST 19.44 FEET; THENCE NORTH 69O36'36" EAST 125 FEET: THENCE NORTH 71O48'39" EAST 73.68 FEET; THENCE NO 74O53'56"- EAST 65.25 FEET: THENCE NORTH 78O41'24" EAST 107 FEET: THmCE NORTH 88O01'30" EAST 87.05 FEET; THENCE SO 81°46'08" EAST 56.63 FEET: THENCE NORTH 74O04'21" EAST 88 FEET; Int'ENCE SOUTH 40O17'18" EAST 37.00 FEET: THENCE NO 22O55'33 EAST 24.65 FEET: THENCE NORTH 04°06'29" EAST 24.19 FE THENCE NORTH 13°25'04" EAST 45.09 FEET: THENCE NORTH 37'41' EAST 29.04 FEET: THENCE NORTH 49O00'22'' EAST 13.06 FEET: THE: SOUTH 75Oi7'27" EAST 10.95 FEET TO THE POINT OF BEGINNING OF T DESCRIPTION. ABOVE DESCRIBED PARCEL 4B CONTAINS 69714.26 SQ.FT. OR 1.600 AC MORE OR LESS. J I A v @ TABATA3 PARCEL 4C (E-ASEME-lf'I"l' AN EASEMENT OVER, ACROSS AND THROUGH PORTIONS OF SECTI( TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNXRDINO MERIDIAN, . FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 4Al HEREINI DESCRIBED: THENCE SOUTH 72O-47'00" WEST 91.67 FEET TO THE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY ALot FOLLOWING COURSES: SOUTH 17°13'00" EAST 27.41 FEET; 2S009'13" WEST 35.48 FEET; SOUTH 81O23'46" WEST 39.36 FEET; 66°50'18" WEST 60.28 PEET; SOUTH 61O17'39" WEST 191.54 SOUTH 59O28'32'' WEST 246.11 FEET AND SOUTH 77O34'15" WEST 1 FEET TO THE WESTERLY LINE OF THE EAST HALF OF THE NOR1 QUARTER OF THS NORTHEAST QUARTER OF SAID SECTION; THENCE SAID WESTERLY LINE NORTH OOO32'47" EAST 110.19 FEET TO A POI THE CURVE OF THE SOUTHERLY LINE OF SAID PARCEL 4A1 WHICH IS CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1549.00 FEET, A R OF SAID CURVE TO SAID POINT BEARS NORTH 31°09'11'0 WEST; T 13°56'11"; THENCS TANGENT TO SAID CURVE NORTH 72O47'00" 113.07 FEET TO THE BEGINNING OF A TANGENT CURVE CO SOUTHERLY, HAVING A RADIUS OF 268.16 FEET; THENCE EASTERLY SAID CURVE 39.93 FEET THROUGH A CENTRAL ANGLE OF 08O31 THENCE TANGENT TO SAID CURVE NORTH 81°18'51" EAST 40.89 FE THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAV RADIUS OF 268.16 FEET: THENCE EASTERLY ALONG SAID CURVE FEST THROUGH A CENTRAL ANGLE OF 08°31'51'0; THENCE TANGENT TO CURVE NORTH 72O47'00' EAST 27.96 FEET TO THE POINT OF BEGIi OF THIS DESCRIPTION. ABOVE DESCRIBED PARCEL 4C CONTAINS 63188.01 SQ.FT. OR 1.451 MORE OR LESS. CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCXIi EASTERLY ALONG SAID CURVE 376.77 FEET, THROUGH A CENTRAL XNG PARCEL 4D (EASEMENT) AN EASE& OVBR, ACROSS AND THROUGH PORTZONS OF SECTIOI TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIaE FOLLOWS : - BEGINNING AT THE MOST NORTHERLY CORNER OF PARCSL 4A2 HEREINBE DESCRIBED; THENCE ALONG THE WEST LINE OF THE EAST HAL? OE NORTHEAST QUARTER Of THE NORTHEAST QUARTER, NORTH 00932'47" 68.45 FEET TO THZ SOUTHWEST CORNER OF PARCZL 4C HEREINBE DESCRIBED: THENCE NORTEl 77O34'15" EAST 117-69 FEET XLONC SOUTHERLY LINE OF SAID PARCEL 4C: THENCE SOUTHERLY ALONC FOLLOWING COURSES: SOUTH 13O00'14" WSST 21.83 FEET: 5 1 TABATA 4 w (. 18'28'55'' EAST 28.00 FEET; SOUTH lloOl'lO" EAST 42.00 FZZT; sc 07049'45" EAST 37.00 FEET; SOUTH 18°03'56" WEST 37.50 FEET; SI 24033'56" WEST 55.00 FEET AND SOUTH 17O03'56" WEST 98.00 FEE' A POINT ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SOUTH 7.50 ACRES OF THE WEST HALF OF THE NORTHEAST QUARTER OF NORTHEAST QUARTER OF SAID SECTION: THENCE NORTH 89O03'23" \ 31.29 FEET ALONG SAID PROLONGATION TO THE SOUTHEAST CORNEi SAID PARCEL 4A2; THENCE NORTH 00°32'47" EAST 73.01 FEET ALONG EASTERLY LINE OF SAID PARCEL 4x2 TO THE BEGINNING OF A TAN( CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 330.00 FE THENCE NOKTHERLY ALONG SAID CURVE 141.80 FEET THROUGH A C6N1 ANGLE OF 24O37'12" TO THE POINT OF BEGINNING OF THIS DESCRIPTI ABOVE DESCRIBED OR 0.572 P MORE OR LESS. PARCEL 4D CONTAINS 24902.47 SQ.FT. P ARC EL - 9lL J-S&S.&?SmL AN EASEMENT OVER, ACROSS AND THROUGH PORTIONS OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN CITY OF CARLSBAD, COWNTY OF SXN DIEGO, CALIFORNIA, DESCRI3ED FOLLOWS : BEGINNING AT THE INTERSECTION OF THE SOUTXEASTERLY CORNER PARCEL 4A1 HEREINBEFORE DESCRIBED WITH THE EASTERLY LINE OF S SECTION: THENCE SOUTH 72O47'00" WEST 91.67 FEET; THE SOUTHEASTERLY ALONG THE FOLLOWING COURSES: SOUTH 17°13'00" E 27.41 FEGT; SOcrpH 46055'43'' EAST 59.84 FEET AND SOUTH 64O32'20 EAST 38-30 FEET TO THE EASTERLY LINE OF SAID SECTION; TXE; NORTH 00034'18~ BAST 110.55 FEET ALONG SAID EASTERLY LINE TO ' ABOVE DESCRIBED PUCE 4~ CONTAINS 5967.87 SQ.FT. OR 0.137 A( MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON C ASSOCIATES POINT OF BEGINNING OF THIS DESCRIPTION* s. =by !t i 1 i i 1 I I s!? 4A1,4A2,40,4C, 40 a 4E -3 $3 c? @ fNOfCAT€S -?7W aCrPO/US~l& LRUL PRCeOSED RIGHT-#-WAY o€oIc7r€a P€8 ,WP m.1mo. Q rmcargs POAT~ON OF Pomwm mud TO 0E AcQUlRED amc am M AMP NO. ra~is. 2s qR 13 S€€ SMt3 FOR AfDI77MAL NOTES A~;:s:IAT::N %?:X25 3-2 EXHIBIT " 8 '' Crorby Mead Bentocr & RI TO ACCOMPANY PF -*-.Ci RAT UU~UY~T~ Cry-- PARCELS 4AI,442,48,4C,40 84E St LEG& CESCRIPTION TABATA 6 3 ,4.14Ud.17'/8'w 374 0 a Lfd9*90'zz"g a A/22*55'33*~ 26 65 a U75*(7'27'W , i' *~ I. i a U4* O6'ZSc€ Z4.fy' El Af0'34'/7"& , @ M37*&5Zd€ 29.UC d M/Pl?Od'M 2 [ARM 214-140-091 1 ,. i i i I i I .ala AREA CpLuumms # l. 761 4C, 0. 114 Ad. '5G'E PCL. 60(€SMl LOO0 AC. m. 4c (sur) L45I ac. am AC. 0.13 7 ne. ! TOTAL 5635 RC. P(MP0SED RIGHT-OF-WAY 1 TO BE ACQUIRED I ------ N89'U3'23* w 1 I I Crosby Maad Bmtm B fls .& . i f i I I i I I I i I I I I L I TABATA 7 v 4 4' EASEMENT TO S.D.G.& 3. PER 0 R. 19072 RECORDED 1-21-6 Q FOR POLE LINlS AND INCIDENTAL PURPOSES. @ 7541/154 AND O.R. 7345/452 FOR PIPELINES, UNDERGROUND CUI @ PIPSLIHIS AND INCIDENTAL PURPOSES. @ 30' EASEMENT, 30' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT O.R. AND INCIDENTAL PURPOSES. EASMENT TO C.R.H.H.D. PER FILE 30. 84-296969 RECORDED 8- P_ARCEL 2 P5R O.R. 74-292548 RESERVED FOR Rc PUBLIC UTILITIES AND INCIDENTAL PURPOSES. The fwegoing instrument is a full, trt copy of :he oriainal on fi e I t KENNETH E. MARTO1 Clerk of the Superior Court of the Start in and for the Ccunb of San Diego. Attest: MAh b ?d c BY-, I C, WRIMI GEORGE L. BENTON, a.c. E. Crosby Mead htoa & W TO ACCOMPANY PR REG IS TRATION EX PI RES 3- 31 EXHfBIT " 8 " ---.cm PARCELS 4AI, 4A2,48,4(=,40 84E PUT -u-u-tmu-- sne LEGAL OESCRlPTlON t \ 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 RRE MAR 7- 1990 WHEN RECORDED RETURN TO: - ASARO & KEAGY, Special Counsel By: ROSCOED. KEAGY By: RICHARD R. FREEIAND By: L. HENRY, Depr Fourth Floor, 3170 Fourth Avenue' a!! YU I4llY5f1 F KENNETH E MAATONE Clerk of the Superior Cou j"- - - ,=- e qiEZORDINC REQUESTED BY San Diego, CA 92103 __ _d RECEIVED APR 2 4 1990 AndB .------- -..- (61 9) 297-31 70 Attorneys for Plaintiff CITY OF CARLSBAD 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO 1 NO. N 35127 CITY OF CARLSBAD, 1 < 1 V. 1 1 RALPH WRISLEY; HOPE 1 WRISLEY; FIRST FIDELITY 1 THRIFT & LOAN ASSOCIATION; 1 MID-CAL SERVICES, a 1 California Corporation; 1 BARCLAYS AMERICAN/BUSINESS 1 LILLIE KELLY ORTEGA; 1 CARLSBAD MUNICIPAL WATER 1 DISTRICT; A-1 IRRIGATION 1 SUPPLY; STATE OF CALIFORNIA 1 EMPLOYMENT DEVELOPMENT 1 DEPARTMENT; and Does 1 1 through 50, Inclusive, and 1 All Unknown Claiming an 1 Interest in the Property 1 Described'in the Complaint, 1 1 Defendants. 1 1 Plaintiff, 1 FINAL ORDER OF CONDEMNA'I CREDIT, INC.; R. A. EICKHOFF; ) // CRW:JUDGE:WRISLEY.FO 1 1 b 1 2 3 4 !5 6 ' 7 8 9 lo 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 It appearing to the Court that judgment in condemnal been entered in the above-entitled action on January 24 adjudging that Plaintiff is entitled to take by condemnat property described in Plaintiff's Complaint on file herein , fully described hereafter and in accordance with this ji Plaintiff has paid the sum of money due the Defendants t thereto; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND that the real property and real property interests situatec County of San Diego, State of California, and more part] described in Exhibit "A" attached hereto and made a part hei condemned to PlaintYff to provide road easements, slope e< and drainage easements for Palmer Way and the Barbour Cor easterly of El Camino Real and to construct roads, slopes, c facilities and related appurtenances within said easemc conjunction with the development known as Carlsbad Gateway in the manner proposed by Plaintiff in furtherance of pub general welfare. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a CE copy of this Order be recorded in the Office of the County P of the County of San Diego, State of California, and the title to said property described herein shall vest in Plair Dated: _.. . PJ 3-2 D il I\ 7 - 1990 c jYFTINA Superior Court The foreg~ing instrument it a trlii. trrrc! aqd cc, MR 7 - 1990 Attest: ---.---.. .--.__ _._. __ .__ .. , - ,. .__ K-E?df.;';,,TSn'i;;; J-Z. >#,j( // // COPY Of the or;Ei;iit oii fj:!; i;i t!!!s bjir,:2, CRW: JUDGEWRISLEY.FO 2 in aird ior il;? [;c!;;?ij 0; c~~~ b,:gJ. ! > 1 * 3 4 5 6 7 8 9 lo l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: MCCANN & GOLDSTEIN By : Attorneys for Defendants WRISLEY - Ke’vin E. McCann VINCENT I?. BIONDO, JR., City Attorney ASARO & KEAGY, Special Counsel By@Q @* <L Richard R. Freeland Attorneys for Plaintiff 1 3 CRW: JUDGE:WRlSLEY.FO - < I Eqr& CwmNo. tdo. : e-- .. WHEN IIECORDED MAlL TO: City of 'Carlsbad 1200 Elm Avenue Carlsbad, Ch 92008 i. . SPACE ABOVE THIS LINE FOR AECOROER'S .a_ - -1 * -. ,L 1;- e e. 'j i COhrS1JLf'bG CIVIL ENGlNEEGS AND 14ND SURVE~~ . -- -. - 84136 08-13-1 Revise 09-10- -LEGAL DESCRIPTION EASEMENT FOR STOFMI DRAIN AND SLOPE PURPOSES WRISLEY PROPERTY That portion of Lot B of the Rancho Agua Hedionde in the City of CnrLsbid, County of San Diego, State of California, as shown on Map No. 823 in the offic of the County Recorder of said County, included wlthin a strip of land, 50.00 feet in width, the centerline of said strip being described as follows: Commencing at the most Northerly corner of the land described in the deed to Ralph IVrisley and Tiope Wrkiley recorded June 16, 1980 8s Instrument No. 80-190949 of Official Records in the office of snld County Recorder; thence South 64"00158n &St 103.39 feet along the Northeasterly line of said land to thc TRUE POINT OF BEGINNING, said point being the beginning of a non-tnngent curve concave Northwesterly having a radius of 45.00 feet, a radial line to said point bears South 66"00~23w Eat; thence Southerly 1.56 feet along said curve through a centrai angle of 1%9'25"; thence South 25659'02" West 40.00 feet. The sidelines of safd strip to be continued or shortened to terminate Northeaste in said Northeasterly line. -*-- -.. -. *-+ * :- :,* .:.e, \ ,';*: 8'. . -- - * :.4:.*:\. ilk- 4 (u) . .&*" 0 (JLDiNaU! *- ' := No. 3246 $ '*PC OF ChL9 EXIIIBI" "A" Corporate Office 17782 Sky Perk Blvd. Inlne, Csitlomia 92714 7141261-2222 Inland Empire Office 1630 E. Francis St., Sle. 8 Onlario, California 91761 714194754 San Diego County Office 5375 Avenida Encinas. Sie. C Cerlsbad. Cetlfornls 92008 619'4; . * .fl 4 -> -:e c* - ". *. ~ A= l"59'25" L= 1.56' @ Rm45.00' STORM DRAi SLOPE PORPt 0.048 ACRL r 8-7 /#;a ,J I #* ct<;L. ,A-c: It r) L C 8 R* s* ,+z A p ., f -7-> &c / . / 8:- v/c/m/ry MAP iv. T: 3. @ FUTURE PALMBR WAY @ FUTOQE COOGAR OR/V& REV. 8-13-87; R&V. 8-27-87; REV. 9-9-67 Skc+ch $0 accompany -1 a /egu/ desc~ipfrbn 'DRAW - m4) 261-2222 SLOPE. PURPOSES IltCC H WlUlAMSON%SCHMID I. .I.. v... e.... *.. -01.1 ... I... *.I..*.-.* €AS€M€NT FOR svnv STORM DRA//V AND -i5iE IT182 SKY PARK BOULEVARD IWINE. CALIFORNIA Om4 7 onit AFPRCIVtD BY WRISLEY PROPER'rY -Jg € €Xtf/B/ 7- "0' , -- A*d/ / a L.S.4189 . ... e ~~ EmyvYo.. ... Lo$ NO. WHEN RECORDED MAIL TO: City of .Carlsbad 1.200 Elm Avenue Carlsbad, CA 92008 a. SPACE ABOVE THIS LINE FOR nEconmn-s - --.ncrnc~ me. the ltndert#pne,j. n N~~~ . in nnd fat *- m = j +----; -------- .. Wt --__ - L .- = .. said Slate. Persotinily aPWP,ed ad? Wrisley v L -- - -.---1. - -- - .- __. ------ - -E" 4 - 2 b. 5 'D fi ' g */chmexW"led the mme- F E .- Ocrsbna"y known lo me (or Droved to me on (he bash a( snt,s. 'ac'ob' evidence'1o bc the wr8onWwhose nnme(s, hip sub scr'bed lo the wl'hin InWrurnenl and aCknOWledged 10 me the c - i I I N I WlTNESS mY hand and oHiclal seal. L i signl?luIe&~* - nh's men for O~IICIOI notarin1 seal) e c) -.---- .-____. -. .. . . .; -. .. . . v pJg 0 .. ~ . .. -: ::'; . .- ._. . .. . .. .. .. . .. .. . .. -. .I. .- . .. _.. I. L-5 'c;=l. wi. 0 1 e 0 e. CO?-SULT~::*G CIVIL ENG’NEERS CND CAN0 SURVEYO . 84136 -. 08-13-8 09-1 0-8 Revised LEGAL DESCRIPTION EASEMENT FOR STORM DRAIN AND SLOPE PURPOSES WRISLEY PROPERTY That portion of Id B of the Rancho Ague iledlonda in the Cfty of Carlsbed, County of San Diego, State of Calffornfe, as shown on Map No. 823 in the office of the County Recorder of said County, included within a strip of hd, 40.00 feet in width, the centerline of sefd strip being described BS follows: Commencing at the most Northerly corner of the land described in the deed to Ralph Wrisley and Hope V!tisley recorded June 16, 1980 85 Instrument No. 80-190949 of Official Records in the office of said County Recorder; thence South 64”00’58“ East 103.39 feet along the Northeasterly line of mfd land to the beginning of a non-tangent curve concave Northwesterly having e radtus of 45.0( feet, a radial line to said point bears South 66”00t23w East; thence Southerly 1.56 feet along said curve through ! central angle of l”s9~ZSw; thence South 25%9’02” West 40.00 feet to the TRUE POINT OF BEC?I”MO; thence South 25%9’0Zw West 5.00 feet; thence South 32?213Sw West 32.01 feet to the beginning of 8 non. tangent curve concave Easterly hRvIng n rediu. of 320.00 feet, a mdid Une to said curve bears North 65Y2‘13” West; thence Southerly 172.00 feet along mid curve through a central angle of 30647t4711; thence South 2237‘3OW East 40.00 feet. e- c - z * EXHIBIT A Corporate Otllce 17782 Sky Park Elvd, Inrlne, CslllarnIr 92114 7141261-2222 Inland Empire Office 1630 E. Francis SI., Sle. B Onlario. Callfornla 81761 7141941.0447 San Diego Gounly Office 5375 Avenida Encinas, Ste. C Garisbad, Calltornla 92008 6191438- - ..-.. - .I.. OOC e- - Eccrb;H. NO. ' 1 - gooh No.' *' WHEN RECORDED MAIL TO: CLty of Carlsbad 1.200 Elm Avenue Carlsbad, CA 92008 1 6 SPACE ABOVE viis LINE FOR uEconoEws u , 0,- san Diego L 0- OF CAllFOnN TY OF.--r-- ____ J-anualyL33.8 8 .belore me. lhe undersigned. a Notary Public In and lor .. * tale. personally appeeredHw-eWrisle y--- --_.-_ ---- ---- mnally knbwn to me (of proved lo me on the basis of sstir. ry evidence} lo be the ~ersoo(sl whose namels) im rub- pd lo the wiltrin insltumenl and acknowledged lo me lhat NOTARY Puairc . CALIF PRINCIPAL OFFKE IN SIN OlEGO COUNTv aemxeculed the snrne. IESS my hand snd olliclni seal. (This Area lor olllclai notarial stab - .. . . .- . . . . . - - . - --_ -. 168 e/- b!- Itf I i CON5ULTI"JG ClVlL ENGINEERS AND 1sND SURVEYOF. 84136 Revised 05-26-a7 06-11-86 10-03-86 12-29-86 ' 0610-87 EXHIBIT A LEGAL DESCRIPTlON SLOPE EASEMENTS W RISLEY PROPERTY That portion of Lot B of the Rancho Ague Hedionda, in the City of Cartsbad, County of San Diego, State of CalJfornia, as shown on Map No. 823, in the office of the County Recorder of said County, described in parcels 89 follows: Parcel A: Commencing at the Southwesterly termin- of that certain course shown as "South 75635'44" West 845.84 feet" for e portion of the Southeasterly line of that certain 11.00 acre parcel of land (18 shown on Record of Survey Map No. X0421 in the office of mid County Recorder; thence North 7563S44w Enst 674.08 feet along said Southemterly line to the beginning of e nowtangent curve, concave Southwesterly, havfng a radlm of 344.00 feet, a radial line to add curve bears North 25"59t27fl East; thence Northwesterly 2.37 feet dong said curve through a central angle of 0'23143w; thence North 64"24116w West 464.19 feet to the beginning of a tangent curve, conceve !3outhwesterlg, havlng a mdim of 664.0 feet; thence Northwesterly 45.61 feet along said curve through a centre1 angle of 3"sS9OSw to the beginning of a mmpound curve, concnve Southeasterly, having e radius of 20.00 feet; thence Northwesterly and Sauthwmterly 29.47 feet along said curve through a central angle of 64'24'41" to the beginning of a nvme curve, concave Northwesterly, having a radius of 396.00 feet; thence Sauthwester 214.01 feet dong said curve through a central angle of 30%7'5lW to a line pnrallel with and Southeasterly 72.00 feet fmm the most Northwesterly lfne of mld 11.00 acre parcel; thence South 58"i2t45w West 103.67 feet along nald patartel line to the most SouthwwterIy line of-sald 11.00 acre percel; thence along mid S6uth- westerly line and mid NorthwfBterIy line, the following comes? North 2l32*3!iw West 73.17 feet and North 58?2*4Sw Bast 394.34 feet to the "RUB POWT OF BEGINNING I, said point being on a curve, concave Sauthwcesterly having e radlus of 736.00 feet, said curve being concentric with and Northe~sterly 72.00 feet from that certain curve described above as being concave Southwesterly nnd having 8 radius of 664.00 feet, a radial Une to 8aid curve bears North 23e46*15w East; thence Northwesterly 32.15 feet along said curve through a central nngle of .Zb3O11Ow; thence North 68"43%SW West 93.41 feet to Point "Aw, mid point being the beginning of a nowtangent curve, conceve Southerly havfng a radfus of 40.00 feet, a radial lfne to mid curve bears North 16"43t55w West; thence ErJsterl 21.76 East 74.06 feet; thence South 5517'33n Fmt 17.42 feet; thence North 8m8154w East 41.89 feet to said most Northwesterly lhe; thence South 5892'45" West 38.42 feet along said most Northwesterly line to the TRUE POINT OF BEGINNIN( feet along said curve through a central an@e of 3190'21"; thence South 75 %3 3'34" Corporate Office 17782 Sky Park Blvd. Irvins, California 92714 7341261.2222 * lnlRnd Empire Office 1630 E. Francis SI., Ste. 8 Ontario. California 91761 71419470417 San Dlego County Olfice 5375 Avenida Enclnas, Sle. C Catisbad, Celltornla 92008 6191438. I) l a'- e- * .. :.,&a EXHIBIT A 84136 LEGAL DESCRIPTION-CONTINU ED 06-1 1-1 SLOPE EASEMENTS Revise 10-034 WRISLEY PROPERTY PAGE TWO 12-29-1 05-26-1 os-10-1 Parcel B: Commencing at Point "Aw described Rbove; thence North 68°43'55n West 6.59 feet along the Westerly prolongation of that certain course described above as "North 68'4355- West 93.41 feet" to the beginning of a tangent curve, concave Northeasterly having a radius of 344.00 feet; thence Northwesterly 6.6 feet along said curve through a central angle of 19)65?5"; thence South 22"12*301 West 72.00 feet to the TRUE POINT OF BEGINNING II, said point being the beginning of a non-tangent curve, concave Southwesterly having a radlm of 20.C feet, a radial line to said curve bears North 22%?3OW East; thence Southeasterl! 33.88 feet along said curve through a central angle of 97904'17" to the beginning of a compound curve, concave Northwesterly having a radius of 324.00 feet, salt curve being concentric with and Northwesterly 72.00 feet from that certaln curve described above as being concave Northwesterly and having a rtadius of 396.00 feeti thence Southwesterly 162.67 feet along said curve through a centra angle of 28 4Sf58" to said most Northwesterly line; thence South 58612'45" West 90.66 feet along said most Northwesterly Ilne to said most Southwesterly line; thence North 21%V35w West 24.00 feet. dong the Northwesterly prolongation of said most Southwesterly Une; thence North 63?0'28" East 152.34 feet; thence North 26"5Uf58w East 113.80 feet to the TRUE POINT OF BEGINNING a. Parcel C: Beginning et Point "An described above; thence North 68"43t55n West 6.59t along the Westerly prolongation of that certain come described above os "North 68°43tSSn West 93.41 feet" to the beginning of a tangent curve, concav Northesterly having a radlus of 344.00 feet; thence Northwesterly 6.65 feet along said curve through n central angle of 1%6'2SW; thence South Z222*3Qn West 10.00 feet; thence North 22"3P3OW West 17.50 feet; thence North 6T'22'3On EeRt 15.00 feet; thence North 22"4O'5lw East 40.00 feet; thence North 66?6'05" East 45.00 feet; thence South 23843'55n East 97.13 feet to the Northerly line of Parae' A described above; thence along said Northerly line of Pnreel A, the follOwing courses: North 7533'3P West 67.34 feet to the beginning of a tangent curve, concave Southerly having e radius of 40.00 feet, and Westerly 21.76 feet along said curve through II central angle of 3l?0*2lW to the point of begJnning. _---. - e-.... I Y' \ r!l 1 I lff82 SKY PARK BOULEVARD IFNINE, CALIFORNIA 92714 (714) 261-2222 Addw d.3 52 A LEG/& DlscflfflTfdd CH~C)(! EJ5 Sf PP€ fAS&4w€AlTS t'ELb fl f c. * e". - e -.., .. . .. .i .I. ... -. . .\ . - ._ - 84136 05-07- 8 6 Revised 10-03-86 LEG A L DESC Rl PTION ROAD EASEMENT WRISLEY PROPERTY That portion of tot B of the Rancho Agua Iledlonda In the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 823 In the office of the County Recorder of said County described 89 follows: Commencing at the Southwesterly terminus of that certaln come shown AS visO\~l 75°35i44if West 845.84 feetit for a portion of the Southeasterly he of that certain 11.00 acre parcel of land RS shown on Record of Survey Map No. 10421 in the office of said County Recorder; thence North 75e35i44ii East 674.08 feet along said Southeasterly line to the begfnning of a non-tangent curve, concave South- westerly, having a radius of 344.00 feet, B radial line to said curve bears N'orth 25°59t27t1 East; thence Northwesterly 2.37 feet dong said curve through A centra angle of Oe23Wn; thence North 64e24'16i* West 464.19 feet to the beginning of a tangent curve, concave Southwesterly, having a radtus of 964.00 Ceet; thence Northwesterly 45.61 feet nlong said curve through a centra1 angle of 3?j6'O9lt to the beginning of a compound curve, concave Southeasterly, hclving a radius of 20.00 feet; thence Northwesterly Rnd Southwesterly 29.47 feet along sald curve through a central angle of 84°24'4111 to the beginning of R reverse curve, concnve Northwesterly, having a radius of 396.00 feet; thence Southwesterly 214.01 feet along safd curve through a central angle of 30e57t51" to a line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 ncre parcel; thence South 58°12i4511 West 103.67 feet along said parallel line to the most Southwesterly line of said 11.00 acre parcel; thence atong said Southwester line and said Northwesterly line, the following coursest North 21"3213511 West 73.17 feet and North 58e12f45tt East 90.66 feet to the TRUE POINT OF BEOINNI thence continuing North 58*12'4Yt East 303.68 feet to the beginning of a non- tangent curve, concave Southwesterly having R radius of 736.00 feet, a radial line to said curve bears North 23°46i151* East, said curve being concentric wlth and Northeasterly 72.00 feet from that certain curve described above as being conccive Southwesterly and having a radius of 684.00 feet; thence Northwesterly 32.15 feet along said curve through a central angle of 2"30'10n; thence North 68°43tS5ii West 100.00 feet to the beginning of a tangent curve, concave North- easterly, having a radius of 344.00 feet; thence Northwesterly 6.65 feet along said curve through a central angle of 1e@6i25ii; thence South 22"2Zi301i West 72.01 feet to the beginning of a non-tangent curve, concave Southwesterly, having a radfus of 20.00 feet, a radial to said curve bears North 22°22'30t1 East; thence Corporate Ottice 17782 Sky Park Blvd. Irvlne, Calllornia 92114 ?14/261-2222 Inland Empire Ollice 1630 E. Francis St.. Ste. B Onlario. Ca 'ornla 91761 714;947.041 San Oiego County Olfice 5375 Avenida Encinas. SIe. C Carlsba : Calilornla 92008 619;43 - r) * .- LEG AL DESCRIPTIO N-CO "I7 NU ED ROAD EASEMENT 05-07-R6 W RISLEY PROPERTY - - .- 1 0-0 3- E 6 PAGE TWO 84136 Revised --*E!* Southeasterly and Southwesterly 33.88 feet nlong said curve through a centrtrl angle of 97°04'17" to the beginning of a compound curve, conctlve Northwesterly, having a radius of 324.00 feet, said curve being concentrlc with and Northwesterlj 72.00 feet from that certain curve described above nnd being concave North- westerly and having B radius of 396.00 feet; thence Southwesterly 162.67 feet along said curve through a central angle of 28645'581' to the true point of beginninf Subject to covenants, conditions, reservations, restrictions, rlghts of way and easements, if any, of record. ?( , -. - c *I - 0 -_ I) I! . ReP&?d Peu/sM’d SCALE OnAWN SKLT7CM 70 ACCUMPANY ’ ‘unvrY a WILLIAMSON%SCHMID X***. ‘ *3 : * e.8 .**.1 ..* s.3 a*..#.).( 17782 SKY PARK BOULEVARD 1RVlNE. CALlFORNlA On14 (714) 211-2222 A LEG44 DJgC’./P7+QM ~,x CHICKR IltCO D Ohtt 4 ROAD EASEM&NT ArrnOVto IY U/R/fr€Y PHdPE&TY -Qg 4 ------- /. s-3244 &A c) >- e. , , . .. - COxlL::.tt Cr\' . E'.; ',Ei'.S :a,: L- .a 5-=..:.:2 - ._ 84 136 Revised 06-11-86 10-03-8 6 LEGAL DESCRIPTION SLOPE EASEMENTS 1FRISLEY PROPERTY That portion of Lat B of the Rencho Apa Hedonde,.h the City of Carkbad, County of San Diego, State of California, es shown on Mep Ho. 823, in the office of the County Recorder of said County, described in parcels es followsr Parcel A: Com.menchg et theSouthwesterly terminus of that certain course shownE ''South T5"35'4411 West 845.84 feet" for a portfon of the Sautheuterly line of that certdn 11.00 ecre parcel of land as shown on Record of Survey blep No. 10421 in the office of said County Recorder; thence Horth 7Se3S*44" East 674.08 feet dong stiid Southeasterly Line to the beginning of a non-tangent curve, concave Southwesterly, heving a radius of 344.00 feet, a radfd line to said curve beers North 25"59'2f'1 East; thence Northwesterly 2.371 feet along satd curve through a central angle of 0*23'43"; thence North 64"24'16" West 464.19 feet to the beginning of a tangent.curve, concave Southwesterly, heving a radius of 664.1 feet; thence Northwesterly 45.61 feet along said curve through a central engle oj 3"56'0911 to the beginning of a compound curve, concave autheesterly, having a radius of 20.00 feet; thence Northwesterly and Southwesterly 29.47 leet along said curve through a central angle of 84"24'41tt to the beginning of a reverse curve, concave Northwesterly, having a radius of 396.00 feet; thence Southweste 214.01 feet dong said curve through a central angle of 30'571SlN to a Une parae with and Southeesterly 72.00 feet from the most Northwesterly line of said 11.04 ecre percel; thence South 58*12'45" West 103.67 feet along said perallel line to the most Southwesterly Une of said 11.00 acre parcel; thence dong said South- westerly line and said Northwesterly Line, the following collfses: North 21e32'3Sn Nest 73.17 feet and North 5822'4V East 394.34 feet to the TRUE POINT OF BEGINNING, said point being on a curve, concave Southwesterly having a radius of 736.00 feet, seid curve being concentric with and Northeasterly 72.00 feet from that certain curve described above 8s being concave Southwesterly and heving a radius of 664.00 feet, a radial line to sdd curve bears North 23'46'15" hst; thence Northwesterly 32.15 feet along said curve through a central engle of 2°30f1011; thence North 68"43'5Stt West 93.41 feet to Point nA", said paint being the beginning of a non-tangent curve, concave Southerly having 8 radius of 40.00 feet, a radial he to said curve bears North 16'43'55" West; thence Essterly 21.7 feet along said curve through a central angle of 31?0'21"; thence South 75'33'34' East 74.06 feet; thence South 55?27t33't East 17.42 feet; thence North 8798'54" East 41.89 feet to said most Northwesterly line; thence South 58"12'45" %'est 38.42 feet along said most Northwesterly Une to the true pbint Of begimh!!* . .. .. Corporate Ollice 17782 Sky Park Blvd. Imine, California 92714 714'261*22*2 Ir.!znd Empire Oflice 1630 E. Francis SI.. Sre. B Onlaria, Cililotnia 91761 71eme7*oLc San Diego Cour,ty Ollice 5375 Avenida Encinas. Sle. C Carlsbac. California 92008 6'9;L3~ flon * ..e LEG AI, DESCRIPTJON-CO~INUED 84136 Revised SLOPE EASEMENTS w~IsLEY PROPERTY PAGE Th'O 10-03-8 0611-81 . .- ' i!!i;'*b Parcel B: Commencing at Point ttAn desciibed above; thence North 68'43'5Sn. West 6.59 feet along the Westerly prolongation of that certain course described above es "North 68"43'55" West 93.41 feet" to the beginning of a tangent curve, concave h'ortheasterly having a radius of. 344.00 feet; thence Northwesterly 6.6 feet along said curve through a central angle of 1"06t25n; thence South 22622'30n West 72.00 feet to the TRUE POINT OF BEGWNING, said point being !he bepin of a non-tmgent curve, concave Southwesterly having a radius of 20.00 feet, a radial line to said curve bears North 22022'30n €asti thence Southeasterly 33.88 feet along ssid curve through a central angle of 97 04'17t1 to the beginning of e compound curve, concave Northwesterly having a radius of 324.00 feet, said curve being concentric with and Northwesterly 72.00 feet from that certain curve described-6bove as being conceve Northwesterly and havtng a radus of 396.00 feet; thence SouthweSterly 162.67 feet along said curve through a centri engle of 286451S8ts to sald most Northwesterly be; thence South SB"l.2145" Wet 90.66 feet along said most Northwesterly line to said most Southwesterly Une; thence h'orth 21"3Z13S1 West 24.00 feet along the Northwesterly prolongation o said inost Southwesterly line; thence North 63'20'28" East 152.34 feet; thence Korth 26"501S8't East 113.80 feet to the true point of bsginntng. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. ? QI I q ~L~L!A"19!Y...SCH.M~D 5 'r (fa? sm PARK BOVLEVARO !b ImINE. CWFORNIA om4 v1q 2II.UU r' 8 .--- r*--:v~: r- ' L / s/-- 5;'- ' I// / ' c 77d' - ! ---'./---LL.,, - c *-=LA SCN OlUW BURVI A L&CdL D~bc&/~r/o*v I CMCCR 'ltt3 OAT I SX€fCK 70 ACCOMPANY : L. A Sr OH I FA dfM/A/TS N2/SLt y PRc7flkcti-v - I * A 1 Kd --- IKVJNI. tXUFOCINU om4 f (214) am222 I 1 Lf46J R 4 JUlL OIWe#/PY/U# ' c~tcMm 54 @Pl EAblMaUrs mLb mom tc/P/sLI Y A?Ufl#.W 04- JUfl 108 A&) - .. 84-a \ * REC~~~tfj~ NO nJlAlL 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 489 0- RECEIVED r3AY 0 s ;99i City Attorney 1200 Elm Avenue CITY AnoSWNEy e -- R€QUESTE* OP1 10. /---- VINCENT F. BIONDO, JR. CiTY 0% C&XL ‘,” 3 Carlsbad, (619) 438-5531 CA 92008 Fc,:Gq kE . ;t Jj AP 11991 WHEN RECORDED RETURN TO: By: ROSCOE D. KEAGY By: RICHARD R. FREELAND Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 ASARO & KEAGY, Special Counsel 3y Y Y: 1\2r -;2p,), (61 9) 297-31 70 Attorneys for Plaintiff CITY OF CARLSBAD SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DlEGO NO. N 40694 CITY OF CARLSBAD, a 1 Municipal Corporation, 1 1 Plaintiff, 1 1 1 CONDEMNATION V. 1 1 THOMAS R. BANCROFT and MARILYNN 1 BANCROFT, and DOES 1 through 1 SO, Inclusive, and All Persons Unknown ) Claiming an Interest in the Property 1 Described in the Complaint. 1 ) Defendants. 1 1 FINAL ORDER OF It appearing to the Court that judgment in condemnatic been entered in the above-entitled action on Ma rch 13, 1991 adjudging that Plaintiff is entitled to take by condemnatic property described in Plaintiff’s Complaint on file herein an ///// 1 JUDGE: BANCROFT.FO (020591 :cw/C145.03) P 1 2 3 4 51 6 7 8 9 10 '' 12 13 14 15 16 17 18 19 20 21 fully described hereafter and in accordance with this juc Defendants have received the sum of money due; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND I 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 herc condemned to Plaintiff for the purpose of the improvement c Drive in the manner proposed by Plaintiff in furtherance of and 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: F!i~~ i ' 1399 9 .-. * -\+j '1 ph* P &% Ak "k 4* Judge of the Superior Court APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney ASARO & KEAGY, Special Counsel By:WPR..F Re fWgOing imtCL'VPtiE Is a tull true and I Richard R. Freelan& for Plaintiff 0; EXHIBIT .. { . ... - ...- I\Yll~LI~ c @ y. CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSDAD, CA 92008 - $7 10 TRANSFER TAX'DUE SPACE ABOVE FOR RECORDE~ , EASEMENT FOR PtlBLfC HIGHWAY PARK DRIVE Assessor's Parcel Prcject IMPROVEMENTS NO. 207-150-57 W.O. No. 3192 THOMAS R. BANCROFT AND MARtLYN J. BANCROFT, Husband and Wife as Join4 Tenants hereinafter called GRANTOR, do(es1 hereby grant, convey and dedicate to the CI CARLSBAD ,. State of California, hereinafter catled GRANTEE, an easement t highway and public utility purposes and incidents thereto, upon, over and ac certain real property within the CITY OF CARLSBAD, State of California, des follows: Beginning at the most Northerly corner of Lot 73, of Shelter Cove, in the City bad, County of San Diego, State of California, according to map thereof No. 516i the offices of the County Recorder of San Diego County, April 23, 1963; thence Northeasterly tine thereof South 46°08t27t1 East 7.54 feet; thence leaving said Nor line to the beginning of a non-tangent 334 foot radius curve concave Westerly, a said point bears North 67O54'44" East; thence Southerly along said curve through of 74°41f26tt an arc distance of 85.64 feet; thence tangent to said curve Soutf Ezst, 51.60 feet to the beginning of a tangent 401 foot radius curve concave thence Southeasterly along said curve through an angle of 26°57'17" an arc di 188.65 feet to a point on the southeasterly line of said Lot 73, a radial to said p' South 55°38153ff West; thence along said Southeasterly line South 24°54t101t West : to the most Southerly corner of said Lot 73, said corner being a point of 6egin non tangent 384.03 foot radius curve concave Northeasterly, a radial to said PO South 58050f36" West; thence Northerly along said curve, being the Westerly Iin Lot, through an angle of 23O45'34" an arc distance of 159.25 feet; thence tanger curve North 7°23f501t West 100.84 on the Westerly fine of said tot to the begin1 tangent 331 foot radius curve concave Westerly; thence Northerly along said curv Westerly line of said Lot, through an angle of 15°52154" an arc distance of 91.7 the point of beginning. All as shown for convenience sake on Exhibit "Art attached hereto. m W e Grantor hereby further grants to the ClTY OF CARLSBAD the privilege and o extend drainage structures and excavation $and embankment slopes beyond thc the herein described right-of-way where required for the construction and main said Public Highway. RESERVING unto grantor of the above described parcel of successors or assigns, the right to eliminate such slopes andlor drainage sttt portions thereof, when in the written opinion of the City Engineer of Grantee, 1 sity therefore is removed by substituting other protection, support and/or facility, provided such substitution is first approved in writing by said Engineer, The Grantor hereby further grants to Grantee all trees, growths (growing or tha hereafter grow), and road building materials within said right-of-way, including to take water, together with the right to use the same in such manner 'ant locations as said Grantee may deem proper, needful or necessary, in the cor reconstruction , improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any clai and all damages to Grantor's remaining property contiguous to the right-of-w conveyed by reason of the locatiorn , construction, landscaping or maintenanc highway. Dated this day of 7/*:. . .. f STATE OF County of '~'5~. On 0 19 , before me, the undersigned, a No in and for said County and State, persomy appeared personally known to me (or proved to me on the basis of satisfactory evidence) the person(s) whose name(s) islare subscribed to the within instrument and ac to me that helshelthey executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in rear property conveyed by the foregoing the City of Carlsbad, a municipal corporation is hereby accepted by the City said City of Carlsbad, California pursuant to Resolution No, , and the Grantee consents to recordation thereof bvul) off rcer , Dated BY ALtr'HA L. HAW tNKKANZ, Cl i Y CLt S*NatDO cov(m AssEssaS w*p mu zm, ?LII;E 6 - Te..Du WClNlTf MAP I . .-- - PLAT TO 1LLUSTRATf -7 aouswiana 8moi~tx1S Am PU Y - n -am -.--I .- .. ._ .- - -.- 1 J( DATL : WC. t989 *w PARK DRIVE EASEMENT OEDtCATlON SCILL:U PCIlkl ASSm'S PARCEL NQ 2or-150-57