HomeMy WebLinkAbout1997-05-20; City Council; 14176; Acquire Easements For Cassia Roadh
CITY OF CARLSBAD - AGENtiA BILL
b FORCASSIAROAD AGREEMENT TO ACQUIRE EASEMENTS
REQUIRED FOR CARLSBAD TRACT 93-03
RECOMMENDED ACTION:
Adopt Resolution No. 93 -6 LQ approving an agreement regarding the acquisition of easement
for street purposes.
ITEM EXPLANATION:
As a Condition of Approval of Tentative Map CT 93-03, the subdivider is required to improve
Cassia Road which is offsite from the proposed subdivision. Under the provisions of the
Subdivision Map Act, the City is required to exercise its powers of eminent domain or the offsite
requirement becomes void and the subdivision cannot be adequately accessed.
The subdivider has contacted the owner and has made a good faith offer to purchase the required
easements. The owner has refused the offer.
The subdivider has requested that the City begin condemnation proceedings. Under the
agreement the subdivider has signed, the City will hire a condemnation attorney and the subdivider
shall pay all expenses required to acquire the easements.
FISCAL IMPACT:
All costs of the acquisition will be paid by the subdivider.
EXHIBITS:
1.
2.
3.
Location Map.
Right-of-way exhibit.
Letter dated March 28, 1997, from the subdivider requesting the City’s assistance in acquiring the easements.
4. Resolution No. ci 3 c & (a9 approving an agreement regarding the acquisition of
easements for street purposes.
LOCATION MAP
NOT lb SCALE
1 1 VICINIT’I .._-
PROJECT NAME lJ?ESlERNPAC’.CHOA4ES
AH Br: SCOTT EVANS CARLStW ENGINEERING OtPT.
PROJECT
NUMBER cT93-03
I I EXHIBIT 4
I 1
OCATION MA>
NOTE: THERE ARE NO EXISTING BUILDINGS WI THI N THE PROPOSED DEDI CAT1 ON
AREA,
I r/&j c%l , 2 jq\jJ -J-J@B . .
I . .
FUTURE ROW .
POINSETTIA HILL
C.T. 93-3
HUNSAKER & ASSOCIATES SAN DIECO. INC.
PLANNING - BNCINdiTRINC - SURVEYING 10178 HVENNKKKNS STRKKT - SAN DIIiCO, CA 89121 (619) 558-4500 - FAX (610) 558-1414
NOT Tb SCALE
LEGEND:
I ND1 CATES STREET DEDI CAT1 ON
AREA = 0. 524 ACRE
PROJECT NAME
U?ES’IERNPAC..CHOMES PROJECT
NUMBER cm343 I EXHIBIT 2
* 2385 Camino Vida Roble. Suite 107 Carlsbad. California 92009
619.929.1600 Fax 619.929.1601
March 28, 1997
Mr. Lloyd Hubbs
City Engineer
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
Dear Mr. Hubbs:
As a condition of approval of Tentative Map 93-3 (aka: Poinsettia Hill), Western Pacific Housing -
Poinsettia L.P. is required to obtain right of way and construct a westwardly extension of Cassia Road to
the future intersection of Poinsettia lane. A portion of this road passes through property owned by
Anthony and Dicky Bons (APN 215-020-21).
On March 10, 1997, a formal offer (attachment 1) was made to acquire the right of way from Anthony
and Dicky Bons. Mr. Bons wrote a letter we received March 17, 1997, asking for additional information
(attachment 2). On March 24, 1997, I sent the requested information and restated our offer to purchase
the right of way (attachment 3).
As of today, Mr. Bons has rejected our offer of $36,000 for the purchase of right of way and easements.
Therefore, in order to allow us to proceed with final our map in a timely manner, it is requested that the
City proceed to acquire the property through the condemnation process.
I am enclosing a copy of our M.A.I. appraisal conducted by the Samppala Group and am prepared to post
the deposits required by the City to initiate the condemnation process.
Thank you for your consideration.
Very truly yours,
Lance M. Waite, WPH
Jack Henthom, Henthom & Associates
David Hammer, Hunsaker & Associates
RECEIVED
MAR 2 8 1997 .
Exhibit 3
%%5 Camino Vida Roble. Suite 107 (krlsbnd, Colifontia 92009
619.929.1600 Fax619.929.1601 ATTACHMENT #l -
March 10, 1997
Anthony Bons
Dickie Bons
25709 Hillcrest Ave
Escondido, CA 92026
RE: OFFER TO ACQUlRE RIGHT OF WAY FOR CASSIA ROAD, CARLSBAD, CA.
Dear Mr. and Mrs. Bons:
As a condition of our final map (Poinsettia Hill 93-03), which we are in the process of recording,
we are required to install partial improvements to Cassia Road from its existing terminus to our
western boundary (APN # 2 15-020-o 1). This necessitates crossing your property and obtaining a
right of way from you (Exhibit “A” enclosed).
We have retained the services of the Samppala Group to perform an M.A.I. appraisal of the right
of way area on your property so that we could present a legitimate offer to purchase the area
required to comply with the City of Carlsbad required condition of our development map. The
total land area required for the right of way and slopes is approximately .75 acres.
On the basis of the approval, an offer is hereby made to purchase the Iand area required to
comply with the City of Carlsbad’s requirement to construct Cassia Road improvements for the
amount of % 36,OOO.OO.
A written response to this offer is requested by noon on Monday, March 17,1997, to allow time
to prepare necessary documents and process funding requests. If a written response is not
received by noon on Monday, March 17,1997, it will be deemed a refusal of this offer and we
will proceed with the City accordingly.
Please feel free to contact me at (619) 929-1600 if you have any questions.
Sincerely,
Western Pacific Housing - Poinsettia, L.P. RECEMSD
MAR 2 8 1997
5
cc: Lance Waite, WPH
James Naughton, Samppala Group
Jack Henthome, Henthome & Associates
Glen Van Peske, Hunsaker & Associates
b
c
-.
Western Pacific Housing
23&5 Camino Vida Roble Suite 107
Carlsbad Ca. 92005
Mr. Gcott C.Sandstrom.
ATTACHME - 82
Anthony 3ons
27709 Hillcrest 4ve.
Escondido Ca. 92026
Dear Mr. Sandstrom:
Weyreceived your letter Marc& T4,.1997 in !!rich you made an offer to pur-
chase approx. 3/4 acre of our land on El Camino Real for the purpose
of building a road through the back part of APN 215-020-12.
The response time given us is too short.
We have some requests from you in order to make an informed decision by us.
:;'e are requesting:
1 A Topo map.
2 Allignment study.
3 Inprovement plan.
4 Grading plans.
5 Dedication plats.
6 Final maps.
7 Easement documents.
8 Schedule of construction.
We hope that you can supply us with this information, so we can study this
in order to make &n informed decision.
Sincere&y,
.
8
2Xi5 Camiuo \.idu Rohlr. Suite 107 CdSbtld. Culifonliu 02009
hl9.919.1600 F~htO.‘)‘29.1601 ATTACHMENT f3
RECEIVED
Anthony Bons
Dicky Bons MAR 2 8 1997
25709 Hillcrest Avenue
Escondido, CA 92026
re: Offer tc Purchase Right of Way and Easements for Cassia Road Extension in Carlsbad, CA.
Dear Anthony and Dicky Bons;
I would like to thank you again for your response to our letter dated March IO,1997 (copy
enclosed). Please find the enclosed information you requested in your letter as well as a copy of
the appraisal performed by James Naughton of “The Samppala Group” dated February 28,1997.
The items enclosed are as follows:
1. A topo map of the area in question. The Cassia Road right of way extension, slopes area, and
temporary construction area have been highlighted for your reference.
2. The road alignment is shown on the above map and has been designed per our approved
Tentative Map.
3. We are in the process of creating the Improvement Plans, but the above topo map accurately
indicates the future location of the surface improvements.
4. We are also currently creating the Grading Plans, but again the above map accurately indicates
the future slopes.
5. A Dedication Plat as submitted to the City of C&bad for plan check.
6. The Final Map is in final design with our Civil Engineer. Please find the enclosed Tentative
Map and Site Development plan for your reference.
7. Easement Documents are being created for the slope area and temporary construction area and
will be forwarded to you for signature. These areas are indicated on the topo map.
8. Our schedule of construction is to start grading in July of this year with paving complete by
the end of the year. .
9. Appraisal by The Samppala Group.
I believe that the above information is more than sufficient to make an informed decision, We
therefore will extend our offer to purchase the right of way, slope area, and temporary
construction area for the price of $36,000.00 until 3100 p.m. on Friday, March 28,1997.
Thank you again for your cooperation. Please do not hesitate to call if you have any questions. I would be more than willing to meet with you on site to review the above information should you
so choose.
&C$&jZkEd Planning
,
cc: Jack Henthom, Henthom & Associates
David Hammar, Hunsaker and Associates
Consent of Acknowledgment:
I have reviewed the above information and agree to execute the necessary documents to dedicate
a right of way extension of Cassia Road to the City of Carlsbad as well as the easements
(temporary and permanent) to build all slopes and road extensions to Western Pacific Housing.
In exchange for our execution of all documents, we shall receive $36,000.00 upon recordation of
the above items.
Anthony Bons Date
Dicky Bons Date
2385 Camino Vida Roble, Suite 107, Carlsbad, California 92009 619.929.1600 FU 619.929.1601
EXHIBIT “A”
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23,
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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND 50.00 FOOT WIDE LYING 20.00 FEET SOUTHEASTERLY AND
SOUTHERLY AND 30.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE SOUTHERLY LINE
THEREOF, NORTH 89”31’30” WEST, 188.00 FEET TO A POINT OF CUSP WITH A 300.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 00’28’30” WEST; THENCE LEAVING SAID SOUTHERLY LINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOROUGH A CENTRAL ANGLE OF
38”49’41? A DISTANCE OF 203.30 FEET TO A POINT ON THE EAST LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, A
RADIAL LINE TO SAID PO:NT BEARS SOUTH 38”21’11” EAST, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 14”34’40” A DISTANCE OF 76.33 FEET; THENCE
NORTH 37’04’09” EAST, 100.98 FEET Ta THE BEGINNING OF A TANGENT 300.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
53’23’03” A DISTANCE OF 279.52 FEET TO A POINT ON THE SOUTHERLY LINE ;)F
PARCEL 2 OF PARCEL MAP NO. 1188, FILED IN THE OFFICE OF’ THE COUNTY
RECORDER DECEMBER 20, 1972; THENCE AiONG SAID SOUTHERLY LINE SOUTH
89”32’48” EAST, 140.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
CASSIA ROAD AS DESCRISED IN FINAL ORDER OF CONDEMNATION RECORDED APRIL
12, 1996, DOCUMENT NUMBER 1996-0181733 OF OFFICIAL RECORDS, SAID POINT
BEING THE POINT OF TERMINUS.
._
:DA M:VEGAlS\l?5lU)O0POI-l’A0l.DOC
wo 1751-8 313l97
PAGE 1 OF 2
0‘;. * . . - -.
.--, ‘. 9. -
. * .
THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE WESTERLY IN THE EASTERLY LINE OF THE NORTH
WEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23,
NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO.
1188 AND THE WEST LINE OF CASSlA ROAD PER SAID FINAL ORDER OF
CONDEMNATION.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.524 ACRE MORE OR
LESS.
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:DA M:VEGALS\1751\008POI-1\A01.DOC wo 1751-a 3m97
PAGE 2 OF 2
e- OF s ll46@8 PARCEi!a z PM TWEI
CASSIA ROAO PER CONOEMNATION RECOROEO 4/12/96 OOCU 1996- 0181733 OF O.R.
LEGEND:
INOICATES STREET W;CATION - 0.524 ACRE
EGO. INC.
I
HUNSAKER h ASSOCUTES SAN DJ:
PUNNING - ENCINJXWINC - SURVh'XI 10179 IyuENNEmNS STREET - SAN DrKZ, C (BIB) 558-4500 - FAX (81s) 558-1414
NC :A szlzl
‘LAT - CIIY OF CARLSBAD DEDICATION F-. _. __
IPREPARED BY: 1 PROJECT:
ESTERN PAClflC HOUSING 385 CAMNO MDA ROBLE UITE #lo7
ARLSBAD. CA 92007 519) 929-1600
‘PLICANT : 1 A.P.N.:
CASSIA ROAD
PR,3.
215-020-21
EXHIBIT T
Pf 17517 PIN 13002 - --
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RESOLUTION NO. 97-669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. ACCEPTING AN AGREEMENT.
WHEREAS, Western Pacific Housing-Poinsettia, L.P. has submitted an agreement for
the acquisition of street easements in the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to accept said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement from Western Pacific Housing-Poinsettia, L.P., regarding
acquisition of street easements in the City of Carlsbad which is on file with the City Clerk and is
attached as Exhibit A, is accepted and the City Manager and City Clerk are hereby authorized
to execute said agreement thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 20th day of May , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
Exhibit4
- AGREEMENT -
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
WESTERN PACIFIC HOUSING-POINSETTIA, L.P., REGARDING
THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND
OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 93-3.
This Agreement is made this 10t May of JUNE , 1997 by and between the
City of Carlsbad, California, a municipal corporation (hereinafter called “City”) and Western
Pacific Housing-Poinsettia, L.P., (called “Subdivider”).
RECITALS
A. Subdivider is required as a condition of Resolution NO. 94-93 of City Council of
the City of Carlsbad, approving a Mitigated Negative Declaration, Tentative Subdivision
Map (CT 93-03) Condominium Permit (CP 93-02) Site Development Plan (SDP 93-02)
and Hillside Development Permit (HDP 93-02) for a 184 multi-family residential
development between the City of Carlsbad and Western Pacific Housing-Poinsettia, L.P., to
dedicate and provide certain improvements to wit: The acquisition and development of
Cassia Road.
B. The acquisition and development of Cassia Road as an off-site improvement for
the subdivision is essential to provide needed public facilities for the subdivision and to mitigate
the public facilities burdens cre,ated by the subdivision.
C. It is necessary that Subdivider secure said easement and install improvements
thereon and in accordance with specifications of the City of Carlsbad.
D. Subdivider has been unable to acquire by a negotiated purchase the required
easements for street and other purposes for the subdivision, and request that the City assist in
the acquisition by exercise of the City’s power of eminent domain.
E. This Agreement is authorized by and is entered into pursuant to Section
20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of
the recitals, it is mutually agreed by and between the parties as follows:
MASTERS\FORMS\ 1 REV 0204197 EASEMENT ACQUISI 1101~
~ 1. Sk-- Jider agrees to pay the costs of retai -‘I a qualified attorney or attorneys
to prepare and file on behalf of the City all documents, pleadings and processes necessary to
acquire the required easements through an action in eminent domain. Said attorney or
attorneys will either be associated with the City Attorney in the eminent domain proceeding, or
will independently pursue the eminent domain action on behalf of the City, as the City in its
discretion determines. The attorney or attorneys shall be retained by the City and approved by
the City Attorney.
2. Subdivider agrees to bear all expenses, costs, fees, and charges, including
attorneys’, engineers, appraisers or other professional services fees incurred or charged in
connection with the acquisition of the various property interests and the preparation and
prosecution of the eminent domain proceeding, and City shall assume no responsibility for said
amounts. There shall be no charge for City staff time associated with this project.
3. It is understood and agreed that even though the City is party plaintiff, it shall
assume no financial responsibility in said eminent domain action and that as further
proceedings are required, outside counsel shall assume primary responsibility and direction of
any actions, subject to any necessary approvals of the City. The City agrees to cooperate and
assist in commencing and prosecuting said condemnation action in an expeditious manner for
the purpose of completing same as soon as reasonably possible in accordance with applicable
laws.
4. Subdivider shall retain at its sole expense any appraiser, engineer or other
expert witness, as mutually agreed upon by Developer and City, to provide any necessary
appraisal, engineering or other information in a form suitable for use in connection with said
condemnation proceedings. Any appraiser, engineer and other expert witness required shall be
paid directly by Subdivider. City shall assume no responsibility for such payment.
5. Subdivider shall upon demand pay all amounts, plus interest, as required as a
result of any judgment or settlement in payment for easements to be acquired. City shall
assume no responsibility for said payments.
MASTERWORMS\
EASEMENT ACQUlSll ION f?FV 07/f)4/!~1
6. Th -at-ties hereby agree to seek an order Immediate possession for the real
property necessary for the improvements and facilities and related easements and comply with
the legal procedures necessary therefor. The Subdivider shall be responsible for the deposit of
funds, posting of security, or payment of any costs associated with the order of immediate
possession. Funds for said payments shall be deposited with the City by Subdivider prior to
initiation of eminent domain proceedings.
7. City retains the right to assume primary responsibility for the subject litigation at
any time and to prosecute it to completion with all costs, including attorneys’ fees, to be borne
by the Subdivider.
8. Prior to initiation of eminent domain proceedings, and prior to the bidding or
awarding of contracts for any work or improvements on the easement, Subdivider shall, at its
sole expense, retain a competent appraiser to estimate. the value of the easement and post one
hundred ten percent (110%) of the estimated value with the City as a cash security deposit.
The City may at its discretion, use this cash security deposit to satisfy any legal obligations
created by this agreement. Subdivider acknowledges that the cost of acquisition and other
legal obligations of Subdivider may substantially exceed the estimated value and acknowledges
that it will pay all amounts due under this agreement, even if the amount due exceeds the
amount of the cash deposit. *
9. It is understood that prior to the initiation of any eminent domain proceedings, it
will be necessary for the City in its sole discretion to adopt a resolution of necessity for the
acquisition of the property and to make the necessary findings as required by law. City agrees
to use due diligence in processing the matter to hearing before the City Council in order to
ensure compliance with the time limits established by Section 20.16.095 of the Carlsbad
Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees that any
II/
i/i
ill
Ill
MASTERS\FORMS\
EASEMENT ACOUlSfTlON
f?EV 0~/04/!J7
failure by the City - comply with the time limits, however, - .II not cause an invalidation of any
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this day of ) 1997.
SUBDIVIDER: CITY OF CARLSBAD, a municipal
corporation of the State of California
WESTERN PACIFIC HOUSING-
POINSETTJ!$, L.P.
(name of $,rbdivider) I
(title and organization of signatory)
Ap c//-f -F/z<
$4 fiy”y @ef?tY4 f &f fP7ZP
(sign here)
By::
(title and organization of signatory)
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: .
RONALD R. BALL
City Attorney
By:
MASTERS\FORMS\
EASEMENT ACOlJfSlllON 4 REV W/04/97
.
_.
1 -. i -
.
ALL PURPOSE ACKNOWLEDGMENT I
?
State of Cali rnia Counwof ( , F”xln DNQ
the instrument.
WITNESS my hand and official seal.
‘\
.I’
c-m Signature .~ .__ j g /” ----.-J \,/I \
LORI L. GRIPE
NOTARY PUBLIC (%I If-ORNIA f,~
!%~I UIECO C!):JN IY
lily Clmlc I 1,111,:: C8.l. 11, 1919
UNANIMOUS WRITTEN CONSENT OF
THE BOARD OF DIRECTORS OF
AP LHI, Inc.,
a California corporation
The undersigned, being all of the Directors of AP LHI, Inc., a California corporation (the
“Corporation”), take the following action by written consent without a meeting, in accordance with
Section 307(b) of the California General Corporation Law and the bylaws of this Corporation:
WHEREAS, the Corporation is the managing general partner of Western Pacific Housing
- Poinsettia, L.P., a California limited partnership (the ‘WPH”); and
WHEREAS, WPH has acquired that certain parcel of real property described on Exhibit
“A” attached hereto (the “Property”) and intends to engage in certain land enhancement activities
for the purposes of construction single family housing, townhouses and condominiums for sale
thereon including the zoning and rezoning of such Property and the designing and redesigning of
residential improvements to be constructed thereon (the “Project”); and
WHEREAS, in order to commence and complete the planned development of the Project
WPH must obtain certain permits and approvals from various governmental agencies and
regulatory bodies.
NOW, THEREFORE, BE IT RESOLVED, that Craig A. Manchester as duly elected Vice
President and Assistant Secretary, and Lance Waite as duly elected Vice President of this
Corporation are, and either one of them acting alone hereby is, author&d, empowered, and
directed in the name and on behalf of the Corporation as the managing general partner of WPH to
take all actions, and execute, delivery file and record any and all instruments, agreements, and
documents as may be required or as’such office may deem necessary, advisable or proper in
connection with obtaining all governmental and regulatory approvals and consent for the
development and sale of the Project. The grant of authority herein includes, but is not limited to,
the right to contact and interact with, from time to time or on an on-going basis, as applicable any
and all local, municipal, state and/or federal governmental agencies and/or regulatory bodies in
order to obtain all building permits and other governmental authorizations necessary for WPH’s
development of the Project to final& all tract and subdivision maps and to submit appropriate
applications to and obtain approvals from the Department of Real Estate and to take all other
actions in connection therewith.
IN WITNESS WHEREOF, the undersigned have executed this consent as of February 1,
20 May, 1997
Carlsbad City Council
1200 Village Drive
Carlsbad, Ca..92008
RE;AB #I 4.176 Poinsettia Lane
Council members:
My name is Guy Moore. I live at 6503 El Camino Real,
Carlsbad, Ca.,
92009.
Mr. Mayor and Council members I would like to take this
opportunity to remind the council that approval of this
’ Cassia&eminent domain action also illegally closes
“Poinsettia Lane”, a public road of long standing.
This action also condemns agricultural land to facilitate a
sweetheart agreement between the City and Aviara .
Commingling of public roads and private subdivisions as
proposed by the future Bridge and Thoroughfare II should
be found to be a conflict of interest and execution thereof
with reimbursement strictly forbidden.
Further, any movement of Poinsettia Lane from the location
proposed by the County of San Diego on 1 l-8-67, should
only be after alternate routes have been studied and cost
estimates made by a reputable, unbiased Engineering
organization prior to regional public hearings.
-bp---+-
Sincerely
. -+ &m 4 4+’ M
. 7