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Home My WebLink About1997-09-02; City Council; 14335; Condemnation Of Property Black Rail RoadT n 9 0 % % g 2 1 Y $ >- -_ . CITY OF CARLSBAD - AGENLA BILL I a - I I //ALL IAB# m.33s . TITLE- AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE MTG. 9102197 CITY OF CARLSBAD FOR BLACK RAIL ROAD IN neD7 CLIP_ CONJUNCTION WITH CARLSBAD TRACT CT 84-32(A) PIN MllD 2% YLTI. Lb”” I RECOMMENDED ACTION: Adopt Resolution No. 9 ‘I- 596 authorizing and directing the condemnation of road easements for Black Rail Road north of Aviara Parkway. ITEM EXPLANATION: As a condition of Tentative Map CT 84-32(A), the developer is required to improve a portion of Black Rail Road north of Aviara Parkway which is off-site to the project to provide adequate access to the project. Cobblestone Sea Village, comprised of 212 residential lots, is required by City cul-de-sac standards to provide two means of access to the project. Primary access will be provided via Aviara Parkway. Secondary access is proposed to be provided via Black Rail Road. All easements have been obtained through voluntary dedication except the two parcels currently being considered for Council action (see Exhibit 2). The owners of the off-site property, Mr. Moore and San Dieguito Bank, were presented just compensation offers by the developer and rejected them. A final offer based upon an independent appraisal of the property was mailed to the owners on June 20, 1997. This offer was presented by the firm of Asaro, Keagy, Freeland and McKinley on behalf of the City. These offers were also rejected. The California Subdivision Map Act states that when a developer is required, as a condition of approval of a tentative map, to construct off-site improvements on property in which neither the developer nor the governmental agency has sufficient title or interest to permit the improvements, that the governmental entity must acquire the property, either through negotiations or condemnation proceedings, and if it does not so acquire the property, the condition for construction of the off-site improvements is conclusively deemed to be waived. The adoption of the resolution of necessity is required before the City can commence an eminent domain proceeding. In accordance with State law, the City has given proper notice of this public hearing to the owners of the subject property. The City is not required by law to consider the request of any person to be heard who did not submit a written request on or before August 14, 1997, nor the request of any person not an owner of the property whose name and address appear on the last equalized County Assessment Roll. Adoption of the Resolution of Necessity requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. In Resolution Nos. 89-354 and 93-206, approving and extending Tentative Map CT 84-32(A), the City Council acknowledged that additional road easements and roads were required for the development Cobblestone Sea Village. .’ \ Page 2 of Agenda Bill No. IV; 7 3 5 FISCAL IMPACT: The full purchase price of the right-of-way, as well as all legal and court costs, will be paid for by the developer. EXHIBITS: 1. Location map. 2. Black Rail Road Right-of-Way Improvement Exhibit. 3. Offer of Just Compensation sent to Mr. Moore dated June 20, 1997, with summary appraisal and drawing of right-of-way attached. 4. Offer of Just Compensation sent to San Dieguito Bank dated June 20, 1997, with summary appraisal and drawing of right-of-way. 5. Notices of Public Hearing to Adopt a Resolution of Necessity (Moore). 6. Notices of Public Hearing to Adopt a Resolution of Necessity (San Dieguito Bank). 7. Resolution No. 9% 596 authorizing and directing the condemnation of certain real property interests in the City of CARLSBAD, State of California, and declaring the public necessity therefor. 2 - T LOCATION MAP kJ & NOT TO SCALE PROJECT NAME PROJECT EXHIBIT COBBLESTONE SEA VILLAGE ;;;;E& 1 \ \ EXHIBIT 2 4 QIJG-14-1997 16:21 1 -- I” . . . ‘I , * ASARO, KLAGY. FREXLAND ArrORNlzTS AT LAW --%d. 6 MCKINLEY FCIANI c. .Ns*t?cJ =oscoc D. WCLOY COWRTY ~CQOLI Fwc”ICID R. l *cEUNo at70 FOUWT” rYCW”e 8TZYLll . . HCt,lNLEY- aI* otcoo. e*uFo4Nu. oaaa *-LSO al¶)Yn-rKD I* wcv.e* 7cL.eNruouc mlm so7-3l70 ruslnlu lolol 29euu June 20,1997 P.07 P .7 ’ ( Mr. Guy S. Moore, Jr. 6503 El Camino Real Carlsbad, CA 92009 RE: Black Rail Road Project Dear Mr. Moore: Our firm represents the City of Carlsbad regarding the acquisition of property from . you for the construction of Black Rail Road northerly from Aviara Parkway. The property interests sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase interests in 6700 s.f. of your property, subject to the approval of the City Counsel of the City of Carlsbad. The purchase price offered is $250.00 which is based upon an independent appraisal of the property made by a qualified appraiser in San Diego County. The appraisal was based upon the fair market value of the property for its highest and best use. Attached hereto is an Appraisal Summary Statement setting forth the rights to be acquired and the value thereof as determined by the appraiser. F:\W=DOCS\CRWWUOWOORE.Off (QW20/97 *Ohm) Exhibit 3 5 QLiG-14-1997 16: 21 1 - /- , l P.08 -. .* Mr. Guy S. Moore, Jr. Page 2 in addition to approval of the City Council of the City of Carlsbad, the proposed acquisition would also be subject to obtaining title free and clear of all liens and encumbrances. If this offer is acceptable to you, please communicate with our office and we will make arrangements to open an escrow to handle this transaction. The City of Carlsbad has made every effort tc establish a fair price for the required property and property interests. The appraiser’s figures are the appraiser’s opinion of fair market value which was determined after a personai inspection of your property. The appraisal takes into consideration the location of your property, its highest and best use, considering required dedications and improvements, and other indicators of value. We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today’s date. Should you require additional time in which to consider our offer, or if you desire to schedule a meeting to discuss this matter, please contact our office. Thank you for your cooperation. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND - RDK:crw Enclosure CC: Ronald Ball Michael J. Shirey Thomas W. Smith F WPbOCS\CmMRS~ pt320/97 9:Olam) b RUG-14-1997 16:21 1 -. C’ -* . -_ . . P.09 APPRAISAL SUMMARY STATEMENT Owners: Guy S. Moore, Jr. PROJECT’: Black Rail Road PROPERTY LOCATION: North of Aviara Parkway - A continuation of Black Rail Road north of its intersection with Aviara Parkway, Carisbad, San Diego County, CA MAP PAGE: 1127 C4 ASSESSOR PARCEL #: 215-080-20 SITE DATA: Dimensions: Area: Zone: Regular 2.48 acres L-C IMPi-OVEMENTS: Single family residence and orchid farm PRESENT USE: Single family residence and orchid farm HIGHEST AND BEST USE: Present use and future development AREA TO BE ACQUIRED: Right of Way: 6,600 s.f. Slope Easement: 100 s.f. SUMMARY OF VALUE CONCLUSIONS: Estimate of Compensable Loss: Nominal Use $250.00 F:VIVPOOCSC~RSOU100REO~F (06420/W 9:Olam) WG-14-1997 16:21 r .- s-m.... - - ___ . -- 5 60’ EDlCATlW & N-S m SEaloN M PER ROS No5 564. 4772. 4773, 5715, 6269. 10774 12096$dt 14Rla 1 f ? *)m d .* 8 .- g ‘. a= 5 4 2 a . 3 a c \ 8 ti -a N-9cEmRsmloRuwLm ROS NO. 14608 e-e.. --..,w .-.e. . P. 10 BASIS OF BIiWU.NGS IwE~ofmRlKs TM IwRnfEmr UNF; OFT&Z% 5 I AS SHomv ON ROf S. S71S. I.E. ml’33’irZ i SEE m 2 FOR DSEMENT IWORMNloN *. 4- LEGBND ml wolWES mm 0EomTl0N iTis.- - cl iij:;:jjijiji rNolcAn SLOPE WQJENT . . ..a... . . . . . . . . . w4 CUR 2tc p ( 1 Ry~$fyfy&~ . MMMlONPUT-CflYOfW~~ *. ]PREPARED BY: f PROJECT: 1 AP.N.: KVSTQNE HOMES 215~080-17 18 us7 RJNCON, IlTE 150 IRON4 c4 91719 PI? 3.4.283 i-m “‘” ? os/as/s;T - ld?? \RWlJwG l 1=2iW’ l 1611-3 MOORE #I18 EUMSiXE0 & A~SDCUTIS Sm Diltco, mc: PuMmN8-s-- gij i5iEzr W-WsUtiUSV - ?Ur(QIJcLcW _,s 1.. ..s .- : - - . 1 RUG-14-1997 16:22 . . I wtlusa&E PAf?CZI I M00RE 215~am- I? I i PuAlnmc - A!mmrnnI~ - sm- ~lNcmsmw~-sANm~~~ - fmw Jlrrs-rae - 1&x Tpr) sucuw MP(CATIONPLAT-Ci’lYOFwm AF ‘PUCANT : 1 YREPMEO Bv: 1 PROJECT: 1 AP A.: Q -NE Hot&S t5 EAST RINCON. rm 150 MONA CA 91719 21 s-080-1 7 PR 3.4.283 ’ EXHIBm FA* ~~ 3y?3/97 - fSl7~mG l f --zw * MU-J MOORE #I18 P. 11 -- _I EXIST. 36’ EA%iENT TO f. AYRES & SON CCN’R. REC. 8-26-60 F/P 174%IQ, O.R. EXIST. 20’ ESAEMENT TO CARlS8AO MUNKWAL. WATER MSTRICT. REC. 8-74-61 F/P 139572, 0-R. 0 C EXIST. 12’ ‘.ASEMMT TO SOGIJCE REC. 6-24-65 f/P 113018. O.R. 0 D EXIT. i’ EASEMENT TO SDGdcE RIEC, 3-31-66 DOC. NO. 54149, Q.R. 0 E EXIT. 50’ EASEMENT TO CARLS8AO MUNlClPAL WATER OISTRICT, REC. l-5-77 f/P 77-003537. 0-R. 0 F EXIST. 50’ EASEMENT TO F. AYRES & SON COFR. REC. 10-10-60 F/P 202177, O.R. 0 G EST. 30’ EASEMENT TO GORDON 0. OLTON AND MARY JANE OCTON, RECI S-25-66 F/P 87070. O.R. .v...-T: TOTa P.11 RUG-14-1997 X6:19 n t . * CRANK L. *s*mo WOSCIOC 0. KCAQY LLwzWAL)O .T. FRLCCANO STtVLl-4 *. HcKlWLCv* .-- F -. 1. As~F?o, KEAGY, FREELAND & MCKINLEY ATTOm4cYI AT uw ~aumrb9 *Lao- a,70 COUIIY .“CN”C Wh OILCIO. C.aUroIIlU - -=WOSW C-YILC mml - P.02 ‘h- 7 ,I June 20,1997 San Dieguito National Bank 135 Saxony Road P. 0. Box 230926 Encinitas, CA 92024 RE: Black Rail Road Project Ladies and Gentlemen: c Our firm represents the City of Car&bad regarding the acquisition of property from you for the construction of Black Rail Road northerly from Aviara Parkway. The property interests sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase interests in 11,448 s.f. of your property, subject to the approval of the City Counsel of the City of Carlsbad. The purchase price offered is $1,370.00 which is based upon an independent appraisal of the property made by a qualified appraiser in San Diego County. The appraisal was based upon the fair market value of the property for its highest and best use. Attached hereto is an Appraisal Summary Statement setting forth the rights to be acquired and the value thereof as determined by the appraiser. F:\W?OOCSlCR\MRSO\SANDIEGU.OFF wentYe7 9malll) Exhibit 4 F(uG-14-1997 16:19 *, ‘ -- r P.03 San Oieguito Bank Page 2 In addition to approval of the City Council of the City of Carfsbad, the proposed acquisition would also be subject to obtaining title free and clear of all liens and encumbrances. If this offer is acceptable to you. please communicate with our offrce and we will make arrangements to open an escrow to handle this transaction. The City of Carisbad has made every effort to establish a fair price for the required property and property interests. The appraiser’s figures are the appraiser’s opinion of fair market value which was determined after a personal inspection of your property. The appraisal takes into consideration the location of your property, its highest and best use, considering required dedications and improvements, and other indicators of value. s We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today’s date. Should you require additional time in which to consider our offer, or. if you desire to schedule a meeting to discuss this matter, please contact our offtce. Thank you for your cooperation. Very truly yours, ASARO, KEAGY, FREElJ!ND & MCKINLEY RICHARD R. FREELAND RRF:mv Enclosure CC: Ronald Ball Michael J. Shirey Que14-1997 16:19 c,: -- \ \ . . P.04 APPRAISAL SUMMARY STATEMENT Owners: San Dieguito Bank PROJECT: Black Rail Road PROPERTY LOCATION: North of Aviara Parkway - A continuation of Black Rail Road north of its intersection with Aviara Parkway, Carisbad, San Diego County, CA MAP PAGE: 1127 C4 ASSESSOR PARCEL #: 215-070-10 SITE DATA: Dimensions: Area: Zone: Regular 5.02 acres L-C lMPR_OVEMENTS: Greenhouses PRESENT USE: Greqnhouses HIGHEST AN0 BEST USE: Future residential development AREA TO BE ACQUIRED AND SUMMARY OF VALUE CONCLUSIONS: Right of Way: 9,948 s.f. x $0. 121s.f. $1,194 Slope Easement: 1,500 s.f, x $O.lUs.f. 180 Rounded $1,370 F:\wpOOCs\CRWSOl~GU~Off (06no197 9:02sm) ~~-14-1997 16:20 P.05 -w - NEOlONDA -y--s,- -,- lmxN.ITY AUP- NO S4Xl.E r SAN I a! 3-GPARCZ’L 2 DtEGU.TO NA l7ONAL RA 215070--TO % PARCEL t 8 1 r.-.C.-C#~,., 1.1 .*. ,“’ I.C , ,, 1.1, .-. . . . .e. . .‘:!.‘.’ ,:, .-C-d . . L 2 :,’ ,‘I’ .5, f”“# . . .; .r I.’ -5 :‘- Z.‘,” 7;,*; ,., ,. . . . . b. .4&m .* l a.., . ,-,- -- UWuRic URlsAmlilumm 215-070-09 23ASIS OF BBMNGS mealsw-FoR~aHlaITn THE NumiCRLY m of %bncapren No. 4’ F::f.- C..., , As SHOWN ON Rot s. $715, I.& N7135JlZ - *dr-4 *. r. IW .e..e # LEGJYND m rNoicA~ STRnr UaEGloN cl <+::<<< uyfJm= su)pE w .-. . .,. . . . . . . . NOTES III ( ) lracms wcm MTA FROM Ros 146Qa fEii!ii ?%iFEEm !NFom ffUH.R )&4ssocL4TRs SAR DIXW. m. P&MwIRC * Rucuwmam - SumtYmc mnm#m9~smu?-s1w~usaa @ml 5414900 - PU rumi s8e4484 PUCANT : USTONE HOMES ! EIST RlNCON. m 150 Row CA 91719 lJEIXXTlON PUT - CXIY OF CMLSWI PRFPAREO By; PRoJECf: AP.N,: . 2159070-10 JOHN W. HU JR t.S. 56&9 ExmEsz 9/30/s PR 3.4.290 timBIT ‘lAn ’ W-97 l f6tJ\~UnbG * JO-~& l fbll-J SAN OEGUITO NATIONAL WK . - . . . WG-14-2997 16~28 P.06 CARLSBAO MUNlCtPAL WATER DISTRICT, REC. SAN OEWlTO NAlTONAL BANK --v 11-6-61, F/P 192019, 0-R. 1 215~070- 10 PARCEL 1 (NO eumhvGs~ w---e--- -----e--- a------ 14- - --w-----e -- EXIST. 12’ EASEMENT TO --------I---- - - ---------I------ \ -- -- EXIST. JO EASEMENT TO CARLS8AO MUNICIPAL WATER IllStRICT REC. f-2?-S8,. BK 7174, PAGE 302. OR NOT TO SCALE ‘PARCU / ~PUCANT : -- lXIXCA~ON~T-CfTYOfcARLsBAD /PREPARED gY, I PROJECTZ 1 AP.N.: lfmONE HaMES 15 EAs7 RlNCON. IITE 1!3a ll?ahk CA 91719 &dP5L r-/cq7 - - JOHN W. Hlu. JR IS. 9669 mREs: 9/3Qfss PR 3-&2Q() ‘Eli” “A”’ I I - I ST+97 * tUl?\aZL?nr= l I=-=’ l MU-3 . .., . -.., , ‘. - - f-YT(‘C-4 s ’ CRANK L. ASARO ROSCOC 0. KCAGY RICHARD R. FRLLLAND STCVCN A. MCKINLEY* *ALSO AOMIlrto IN NCVAOA ASARO, KEAGY, FREELAND d MCKINLEY ATTORNLYS AT LAW COlJRtn FLOOR 3,,0 COURT” AVLNUL SAN OILGO. CALIFORNIA PiElO TLUPHONC WS, tor-3lx) FACSIMILC ISIS1 -6S July 30, 1997 ENG!NEEWG DEPARTMENT E NOTIC Mr. Guy S. Moore, Jr. 6503 El Camino Real Carlsbad, CA 92009 Re: Black Rail Road Project Dear Mr. Moore: 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 September 2, 1997, at 6:00 p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carisbad Village Drive, 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 Black Rail Road Project. 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. Exhibit 5 Page 2 July 30, 1997 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 Carlsbad Village Drive Carlsbad, CA 92008 RE: Black Rail Road Project September 2,1997 Hearing Date Please feel free to call us should you have any questions. Very truly yours, AV4W;E;WWD&MCQ RICHARD R. FREELbND RRF:cnrv CC: Mr. Ronald R. Ball Mr. Lloyd Hubbs &Mike Shirey Mr. Thomas Smith City Clerk 1 .: . ASARO, KEAGY, FREELAND AlTORNEYS AT UW FRANK L. ASARO COURTW FLOOR i - & MCKINLEY ROSCOL D. KCAQY 3170 COUR-IW AVLNUL RlCHARD R. FRLCLANO STLVLN A. MCKINLLY~ SAN DItSSO. CALWDRNIA 92103 TtXCWONC I6191 -3170 **LSO *oMIm~o 111 NCVAOA FACSIMILE (6161 V JUl 3 1 1397 July 30, 1997 ENGINEEEitiG DEPARTMENT N TIC F B C B NECE SI San Dieguito National Bank 135 Saxony Road P. 0. Box 230926 Encinitas, CA 92024 RE: Black Rail Road 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 fin that condemnation proceedings be instituted to settle our controversy. The City of Carlsbad will hold a public hearing on September 2, 1997, at 600 p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, 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 Black Rail Road Project. 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. Exhibit 6 17 - Page 2 July 30, 1997 If you wish to speak either for or against the issues which are outlined above, you must file a written request within tifteen (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 Carlsbad Village Drive Carlsbad, CA 92008 RE: Black Rail Road Project September 2.1997 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND RRF:crw cc: Ronald R. Ball Lloyd Hubbs dike Shirey City Clerk C~ou.mo (07/30/97 9:49afn) 1 RESOLUTION NO. 97-596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, FOR THE BLACK RAIL ROAD NORTH OF AVIARA PARKWAY PROJECT AND DECLARING THE PUBLIC NECESSITY THEREOF. 6 WHEREAS, the City of Carlsbad, California, proposes to improve Black Rail Road north 7 of Aviara Parkway extending to the future alignment of Poinsettia Lane in the City of Carlsbad, 8 hereinafter referred to as “the project”; and 9 WHEREAS, the project requires the acquisition of certain real property and real property 10 11 12 13 14 interests; and WHEREAS, the real property or interests therein are required for street and other purposes and are required for the project; and WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the acquisition of real property or interests therein for street and other purposes pursuant to California Government Code Sections 37350 and 37350.5; and 37353; and 15 WHEREAS, the real property or interest therein sought to be acquired for the proposed I6 project are located within the territorial limits of the City of Carlsbad; and 17 WHEREAS, the real property or interests therein sought to be acquired are necessary for 18 the proposed project; and 19 WHEREAS, the plans for the project in the City of Carlsbad are on file with the City 2. Engineer of the City of Carlsbad, California; and 21 WHEREAS, the City of Carlsbad has established the amounts which it believes to be the 22 just compensation for the hereinafter described real property or interests therein sought to be acquired; and 23 24 WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad, has offered to the owners of said real property or interests therein the full amount established as just 25 compensation for said real property sought to be acquired; and 26 I!/ 27 III 28 t/i - 1 WHEREAS, the City of Carlsbad, California, has provided said owners of said real 2 property or interests therein a written statement and summary of the basis for the amount 3 established as just compensation for the real property or interests sought to be acquired; and 4 WHEREAS, a reasonable length of time has expired since the date of the offer to the owners of the real property or interests therein sought to be acquired, and the owners have failed 5 to favorably respond to the offers of the amounts established by the City of Carlsbad as just 6 compensation; and 7 8 WHEREAS, the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to California Code of Civil Procedure Section 1240.510; and 9 WHEREAS, on June 16, 1993, the Planning Commission of the City of Carlsbad, 10 pursuant to the provisions of the California Government Code, Section 65402, found that the 11 proposed location, purpose, and extent of the project is consistent with the City of Carlsbad 12 General Plan; and 13 WHEREAS, on November 9, 1993, pursuant to California Public Resources Code Section 14 21000 and following, the City Council of the City of Carlsbad, California, certified an Environmental Impact Report for the project; and 15 16 WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section 1245.235, the owners of the real property sought to be acquired whose names and addresses 17 appear on the current equalized County Assessment Roll, have been sent a Notice of Intention to l8 Adopt a Condemnation Resolution, and have been provided with an-opportunity to appear and be 19 heard on the matters referred to in California Code of Civil Procedure, Section 1240.030; 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, which finds, determines, and hereby declares: 22 23 24 25 26 1. The public interest and necessity require the proposed project. 2. The proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 3. The real property or interests therein, hereinafter described in this Resolution, are necessary for the proposed project. 4. The proposed project is a matter of public necessity. .27 Ill 28 /It . 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 5. The use of all and each and every part of said hereinafter described real property or interests therein for the use and purpose of the proposed project is a public use and a use authorized by law. 6. The public interest and necessity require that the real property or interests therein, hereinafter described in this Resolution, be taken. BE IT FURTHER RESOLVED, by this City of Carlsbad, that the law firm of Asaro, Keagy, Freeland and McKinley, hereinafter referred to as “Special Counsel” be and is authorized, empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purchase, or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain, the hereinafter described interest in real property; To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said hereinafter described real property, or any part thereof, for the proposed project; To make an application to said court for an order determining the amounts of money to be deposited as security for the payment of the just compensation which will be made for the taking of the real property or any part thereof, or interests therein necessary for the proposed project and any damage incident thereto, and to make application to said court for an order permitting the City of Carlsbad to take immediate possession of and to use said real property and part thereof, Ill /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill or interest therein, sought to be condemned for the proposed project; . . 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - The real property and .interests in real property referred to in this Resolution are situated n the City of Carlsbad, County of San Diego, State of California, and are more particularly described in Exhibit 1, 2 and 3 attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 2nd day of September , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None 4lTEST: (SEAL) c c ’ RECORDING REQUESTED BY AND WHEN’RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Space above this line for Recorders Use Assessors Parcel No. 215-080-l 7 Project No. 8 Name PR 3.4.283 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, Coun 2 of San Di an easement for public street and public utility purposes over, un 77 o, State of California: described in Exhibit ‘A” consistin er, upon an across said real pro 3 of one page, attached hereto and made a part hereof. erty as Ex ibit ‘B” 1 consisting of one page is attached or clarity only. DATED: STATE OF CALIFORNIA COUNTY OF SAN DIEGO By: (Name of Company) (Signature) On before me, (here insert name and title of officer), personally appeared personally known to me (or proved to me on the basis’ of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wkness my hand and official seal. Signature Name: (Type or Print) Title: (Type or Print) By: (Signature) Name: Title: (Type or Print) (Type or Print) N,\MASTERS\FORMS\GRNTDEED.FRM Exhibit 1 to Res. 97-596 Rev OS/W95 2-y - EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD MOORE PARCEL PR. 3.4.283 THOSE PORTIONS OF PARCEL 3 AND 4 (DEDICATION PARCELS) DESCRIBED HEREIN LYING WITHIN PARCELS 1 AND 2 (OWNERSHIP PARCELS) DESCRIBED HEREIN. PARCEL 1 (OWNERSHIP PARCEL) THE NORTHERLY 180.00 FEET OF THE WESTERLY 257.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, ,RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNJY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL 2 (OWNERSHIP PARCEL) THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22; THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 22, NORTH 2”18’55” WEST, 1041.37 FEET TO THE TRUE -POINT OF BEGINNING; THENCE SOUTH 89’55’47” EAST 250.00 FEET; THENCE SOUTH O”O4’13” WEST TO THE SOUTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTER LINE OF SECTION 22 TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: PAGE 1 OF 3 DA \\PCSERVERWlAPPINGVegals\l61 lU04iRMOORE.doc WO 16114 6/5/97 BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED LAND WHICH IS DISTANT THEREON SOUTH 0’04’13” WEST 350 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE NORTH 87’51’ WEST 235.93 FEET TO THE NORTH-SOUTH CENTER LINE OF SECTION 22. PARCEL 3 (DEDICATION PARCEL) A STRIP OF LAND 60.00 FEET WIDE WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1890, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT BEARS SOUTH OO”OO’14” EAST, 2377.59 FEET (SOUTH 00’33’33” WEST, 2377.60 FEET PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 11, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRON PIPE MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” EAST, FROM A 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89”57’43” EAST, 2550.19 FEET (SOUTH 89”28’34” EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02’02’03” EAST, FROM SAID 2 IRON PIPE STAMPED ‘L.S. 3189 1/2M AHR 1979”, NORTH 02”02’03” WEST (NORTH Ol”28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LINE SAID ‘RANCH0 AGUA HEDIONDA, SAID PAGE 2 OF 3 :DA \\PCSERVER\MAPPING\Legals\1611\004\RM00RE.doc WO 161 l-4 6/5197 - - POINT BEARS SOUTH 89’57’43” WEST (SOUTH 89’28’34” EAST PER R OF S MAP NO. 14608), 25.09 FEET FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA. AREA EAST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.151 ACRES MORE OR LESS; AREA EAST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER RECORD OF SURVEY 14608 CONTAINS 0.046 ACRES MORE OR LESS. PARCEL 4 (DEDICATION PARCEL SLOPE EASEMENT) A STRIP OF LAND 5.00 FEET WIDE, THE EASTERLY LINE OF WHICH IS PARALLEL WITH AND 5.00 FEET EASTERLY OF THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 3. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. H&A BIACK RAIL FILE NO. 118 CHICAGO TITLE ORDER NO. 993061-50 PAGE 3 OF 3 :DA \\PCSERVERVvlAPPINGVegals\l6l1\004\RMOORE.doc WO 16114 6/.5/97 2 A PORTION OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WES’I, i8.M. f 2’ IRON PIPE MARKED ‘LS. 6287” N l/4 CORNER PER R.O.S. 14608 5. % " 1/2u = > 8 2’I.P. &+HR 1979 JU., = “r ~,~==j;‘;~:?AGUA HEOIONOA 8 (Y II I i IY -- N-S CENTER SECllON LINE PER T R.O.S. NO. 14608 -ig 5 ,+y/; ;#;a’ I. r.. a -. l * ,,,I .*.I# a G:r*: I-12 r)r) c. . . c\ *-, . . . I r. l ., ,,I 8 (1 IO, , .,,I I ,*.* I .‘: -,-a . . . , . . .I w p.B.- s.1/4 COR. SEC. 2; HUNSAKER & ASSOCIATES SAN DIECO. INC. PUNNING - ENGINEERING - SURYEYINC 10179 HUENNEKENS STRElpT - SAN DISCO. CA BZlBf (#lo) 6584600 - FAX ($10) 668-1414 \A,RpoRTy RANCH0 AGUA HEOIONOA K7CINITY AUP NO SCALE BASIS ,OF BEARINGS THE BASIS Of BEARINGS FOR THIS EXHIEIT IS THE NORTHERLY LINE OF ‘DESCRIPTION NO. 4” AS SHOWN ON R.OF S. 5715. I.E. N71’35’51’E. .,,a ,, *..--a I, “I’ ’ ’ -‘, ,, II NOTB’ .-: :: ’ ’ -‘, , I I SEE SHEET 2 FOR EASEMENT INFORMATION LEGEND lzzl INDICATES STREET DEDICATION I INDICATES SLOPE EASEMENT ( ) ~OIiI;ESftX;[D, MT; PER . JPLICANT : DEDICATION PlAT - CIM OF CARLSBAD 1 PREPARED BY: 1 PROJECT: ~A.P.N.: 53,& K o - / ( p G -1-97 JOHN w. HILL. JR. ~.s. 5669 I EXPIRES: 9/30/99 PR 3.4.283 E= ’ -i-IT ##B” 215-080-17 XYSTONE HOMES 35 EAST RINCON, JITE 150 ZRONA, CA 91719 /05/97 ’ 161I\Rh4OORE?.DUG * 1”=200’ * 1611-3 MOORE #ll s’z . PARCEL 1 MOORE 215-080-17 I SHEET 2 CkF 2 YiEETs 30’ EASEMENT TO F. AYRES & SON COPR. REC. 8-26-60 F/P 174500, O.R. EXIST. 20’ ESAEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. 8-14-61 F/P 139572, O.R. t IY I NOT TO SCALE 0 C EXIST. 12’ EASEMENT TO SDG&E REC. 6-24-65 F/P 113018. O.R. 0 D EXIT. 6’ EASEMENT TO SDG&E REC. 3-31-66 DOC. NO. 54149, O.R. 0 E EXIT. 30’ EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. l-5-77 F/P 77-003537, O.R. 0 F EXIST. 30’ EASEMENT TO F. AYRES & SON COPR. REC. lo-lo-60 FJP 202177, O.R. 0 G EXIT. 30’ EASEMENT TO GORDON 0. OLTON AND MARY JANE OLTON, REC. 5-25-66 F/P 87070, O.R. HUNSAKER h ASSOCIATES SAN DIECO. INC. PLANNING - ENCINEERINC - SURVEYING 10173 HVENNEXENS Sf’REiW - SAN DIECO. CA 32121 (613) 658-4600 - FAX (613) 668-1414 DEDICATION PLAT - CIJY OF CARLSBAD APPLICANT : PREPARED BY: PROJECT: A.P.N.: SREYSTONE HOMES 215-080-17 495 EAST RINCON, UC g- />-. y;, SUITE 150 / JOHN ‘N. HILL, JR. L.S. 5669 CORONA, CA 91719 EXPIRES: g/30/99 PR 3.4283 EXHIBIT “B’ MnftRF &l 18 _ z-/15/97 * 1617 \MOORE2.D#G * 7 -=200’ l 1611-3 ..IV”S.L ,r I .Y 0 c - RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $O.OQ ( ) computed on full value of property conveyea, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Space above this line for Recorder’s Use Assessor’s Parcel No. 2 15-070-l 0 Project No. & Name PR 3.4.290 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon and across said real property as described in Exhibit “A” consisting of two (2) pages, attached hereto and made a part hereof (Exhibit “B” consisting of two (2) pages is attached for clarity only); together with access rights in and to Black Rail Road from those parcels as described in Instrument recorded July 21, 1958 in Book 7174 page 298 and Instrument recorded February 19, 1993 as document number 1993-0105125 of official records. DATED: STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, (here insert name and title of officer), personally appeared personally known to me (or proved to me on the basis’ of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitv(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (Name of Company) By: (Signature) Name: (Type or Print) Title: (Type or Print) By: (Sionature) Name: (Type or Print) Witness my hand and official seal. Signature Title: (Type or Print) N:WASTERSLFORMS\GRNTDEED.FRM Rev. 06/19/95 Exhibit 2 to Resolution 97-596 z'4 - EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD SAN DIEGUITO NATIONAL BANK PARCEL PR 3.4.290 THAT PORTION OF PARCEL 2 (DEDICATION PARCEL) DESCRlBED HEREIN LYING WITHIN PARCEL 1 (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL l(0 WNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17,1915. PARCEL 2 (DEDICATION PARCEL) A STRIP OF LAND 60.00 FEET WIDE, WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT BEARS SOUTH 00”00’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 11, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRON PIPE MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” EAST, FROM A 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89”57’43” EAST, 2550.19 FEET (SOUTH 89”28’34” EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED PAGElOF2 N:\MASTERS!FORMS\GRNTDEED.FRM Rev 06/19/95 39 - . ’ NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02”02’03” EAST, FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”, NORTH 02”02’03” WEST (NORTH Ol”28’OO” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCH0 AGUA HEDIONDA, SAID POINT BEARS SOUTH 89”57’43” WEST (SOUTH 89”28’34” EAST PER R OF S MAP NO. 14608), 25.09 FEET FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.228 ACRES MORE OR LESS; AREA WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER RECORD OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. H&A BLACK RAIL FILE NO. 124 CHICAGO TITLE ORDER NO. 991767952 N:\MASTERS\FORMS!GRNTDEED.FRM PAGE 2 of 2 Rev. 06/l 9/95 31 LEGAL DESCRI’ION St-~/v 1 OF 2 WX’TS TNRPORTY o;oo LINE RHO. AGUA HEOIONOA % 60’ DEOlCATlON & N-S CENTER YICINITY MAP SECTION LINE PER R.O.S. NOS. NO SCALE 504, 4772, 4773, 5715, 6269, 10774. 12096,& 14630. OaaN-P- N-S CENTER SECTION LINE PER R.O.S. No. 14608 215-070- 16 -- SAN DIEGUITO NAllONAL BA 21%070- 10 C. . . c. ‘c , . . . , .‘I ICC , ,I ,,,, .OC .*. . ,c-. , , , .CI, l ,..I. #*u*‘,‘,# , 01.. , , , L, l .L- ,. -,, -- BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS EXHIEIT IS ME NORTHERLY LINE OF ‘DEXRIPLQN NO. 4’ 7: 7 f: C. c.. , AS SHOWN ON R.OF S. 5715, I.E. N71’35’51’E. , ,a- . . -. . . ,“I .4.a, , m INDICATES STREEl DEDICATION PtANNINC - ENCINEERINC - SURVEl7NC 10179 NCIKNNK- ST- - SAN DIKOO. CA OSlSl (619) 666-4666 - PAX (616J 668-1414 ‘PLICANT : DEDICATION PIAT - CITY OF CARLSBAD 1 PREPARED By: 1 PROJECT: A.P.N.: WSTONE HOMES I5 EAST RINCON, JITE 150 IRONA, CA 91719 P 2 1 s-070- 10 PR 3.4290 EXHIBIT “B” 05-15-97 l 1611 \RSiN.l.Om; l 16?1-3 SAN DIEGUITO NAllUNAL BANK # 1 i 24 w m SHEET 2 OF 2 SHEETS 1 I EXIST. 12’ EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. SAN DIEGUITO NAYJONAL BANK 11-6-61, F/P 192019, O.R. 215-070- 10 PARCEL 1 (NO BUILDINGS) -------- ------------we---D---B-- - ------- --------------w------m--- -- -- -- EXIST. 30’ EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT REC. 7-21-58, BK 7174, PAGE 302, OR 1 NOT TO SCALE 1 HUNSAXZR h ASSOC'TBS SAN DIECO, INC. PLANNING - ENCINEBRfNC - SURVEnNc 10179 INJKNNKKK~ STNKST - SAN RIOCO. CA 8SlSl (616) 666-46W - ?AK (6f6) 666-NI4 DEDICATION PIAT - CITY OF CARLSBAD AF ‘PLICANT : PREPARED By: PROJECT:. A.P.N.: Gli !EYSTONE HOMES &/..-5L fkiiq7 2 1 s-070- 10 49 15 EAST RINCON, Sk IITE 150 / 8 JOHN W. HILL, JR. LS. 5669 cc IRONA, CA 91719 EXPIRES: g/30/99 PR 3.4.mo EXHIBIT “B’ I 05-15-97 l I~?~\SDNIY~.DHC l ?-~200’ l 1611-J SAN DIEGUITO NATIONAL BANK #124 - ’ REdORDlNG REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $&QQ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Space above this line for Recorder’s Use Assessor’s Parcel No. 215-070-l 0 Project No. & Name PR 3.4.290 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to City of Carlsbad, a Municipal Corporation DATED: (Name of Company) STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) By: (Signature) On before me, (here insert name and title of officer), personally Name: (Type or Print) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Title: By: Name: Title: (Tvpe or Print) (Signature) (Type or Print) (Type or Print) Signature N:iMASTERSiFORMS\GRNTTDEED.FRM Rev. 06/l 9195 Exhibit 3 to Resolution 97-596 ti - EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD SAN DIEGUITO NATIONAL BANK PARCEL PR 3.4.290 (SLOPE EASEMENT) THAT PORTION OF PARCEL 3 (SLOPE EASEMENT) DESCRIBED HEREIN LYING WITHIN PARCEL I (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL l(0 WNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17,1915. PARCEL 2 (DEDICATION PARCEL) (FOR REFERENCE ONLy3 A STRIP OF LAND 60.00 FEET WIDE WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT BEARS SOUTH 00”00’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST II, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRON PIPE MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” EAST, FROM A 2” IRON PIPE STAMPED “L.S. 3189 IIZM AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89’57’43” EAST, 2550.19 FEET (SOUTH 89”28’34” EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A PAGE 1 OF 2 N:WASTERS\FORMS\GRNTDEED.FRM 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02”02’03” EAST, FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”, NORTH 02’02’03” WEST, (NORTH Ol* 28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23”35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCH0 AGUA HEDIONDA, SAID POINT BEARS SOUTH 89”57’43” WEST (SOUTH 89”28’34” EAST PER R OF S MAP NO. 14608), 25.09 FEET FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.228 ACRES MORE OR LESS; AREA WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER RECORD OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. PARCEL 3 (DEDICATION PARCEL SLOPE EASEMENT) A STRIP OF LAND 10.00 FEET WIDE, THE WESTERLY LINE OF WHICH IS PARALLEL WITH AND 10.00 FEET WESTERLY OF THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. H&A BLACK RAIL FILE NO. 124 CHICAGO TITLE ORDER NO. 991767-52 PAGE 2 OF 2 N:WASTERWORMS\GRNTDEElJ.FRM LEGAL DESCRL .____ r-ION SHEET 1 OF 2 SHEETS A PORTION OF SECTION 22. TOhSHIP 12 SOUTH, RANGE 4 Wm. SAM. bRPORT/ . mC.,O &I’. urn,n.,n. r2’ IRON PIPE MARKED / ‘L.Si ~28&‘Nsl(4dRNER ’ T!w1/\k’\/E I.2 I 60’ OEDICATlON dc N-S ENTER 0 NO SCALE y;y7m ,+-y SECllON LINE PER ROS NOS 584, 4772, 4773, 5%; 6264, 10774, 12096.L t 4630. r l3lL3.aI ---- -.- OtmNELwfPm 215-070-16 -- -- I I SAN DJEWJTO NA 7lONAL SAN DJEWJTO NA7lONAL BA I I 215070- 10 215070- 10 PARCEL 1 PARCEL 1 l . ..C.I. .,., l -a a.. I 8. I,,, ;wn: 4”; . ,C-# , ,,I.. I ,‘I’ *-a* a I... . l .,, 6, ,..- ,, ‘., r***--- f ,.,* C. . . l . . * I .* . _ l . -, ‘ :; :*:* 1.’ I* .- c- *. f-l l , . . a. c. , . . e, *,#s*,# I# ..c- . . I ,.*, . ,-a- -- N-S CENIER SECTION UNE PER R0.S. No. 14608 2 LtGotmg ORmAm 215-070-09 BASIS OF BEmNGS THE BASIS OF WRINGS FOR THIS EXHlBT IS n4E NORTHERLY LINE 0F %ESCRIPTKIN NO. 4’ AS SHOWN ON R.OF S. 5715. I.E. N71’35’51 ‘E. .LEGEND ------- v77l lNlM!Al'FS STRFfl nmtrAnnu l . . I.. ,y -‘, ;‘:’ P.U.B. C. c.. . *. c. ,“, . ..a. l hi/P s. l/4 COR. SEC. 22 0 ::f:::::::$:::: INOlCAfES WpE ~~~ NOTES - THERE ARE NO BJILDINCS III ( ) lNDlC+TES RECORD DATA FROM ROS 14608 SEE SHEET 2 FOR EASEMENT INFORLMlmN HUNSAKER h ASSOCUTES SAN DIECO. INC. PLANNING - BNCIABERINC - SURVBYINC lam nuxnNcm!sbw srxu7 - (SfO) SM-4600 - JUT DIma CA as?sl ?Ax (Sls) aa-1414 ‘PLICANT : DEDlCAIlON PlAT - CllY OF CARLSBAD 1 PREPARED By: 1 PROJECT: 1 A.P.N.: KETONE HOMES I5 EAST RINCON, IITE 150 IRONA, CA 91719 1 PR 3.4.290 I 215-070-10 IEx~IIBIT “B” I 05-15-97 * 16?7\RSDNB?.DIK; ' l-=200’ ' 1611-J SAN OIEGUITO NATIONAL BANK #12~ . l SHEET 2 OF 2 SHEETS . . -- -- -- -L!Ll I EXIST. 12’ EASEMENT TO I CARLSBAO MUNICIPAL WATER DISTRICT, REC. I SAN DJEGUJTO NAllONAL BANK 11-6-61, F/P 192019, O.R. 215-070-10 I PARCEL 1 I (NO BUILDINGS) I I 1 -----B-N ‘i -----s---e- -we----- ------- t -w---w----- I -- -- -- I EXIST. 30’ EASEMENT TO \\I I I CARLSEAD MUNICIPAL WATER DISTRICT REC. 7-21-58, BK 7174, PAGE 302, OR I . IY I I VOT TO SCALE AWNSAilER C ASSOCIATBS SAN DISCO, INC. PLWNINC - ENGINEERING - SURVEYXNC fO?7s IuwNNsm~ STRSXT - SAN DIOW. CA onn (UN) Baa-*do0 - CAE (6lB) 668-1414 DEDICATION PIAT - CIIY OF CAMSBAD AF ‘PLICANT : 1 PREPARED By: 1 PROJECT: 1 A.P.N.: GR lEYSTONE HOMES 215-070-10 49 5 EAST RINCON, & /A 3 fif )@+ . SU ‘ITE 150 / JOHN W. HILL, JR. LS. 5669 cc IRONA, CA 91719 EXPIRES: g/30/99 P PR 3.4.290 EXHIBIT “B” 05-15-97 l 161t\SDtV02.D~ l T-=200' l 1611-3 SAN DIEGUITO NATIONAL BANK #12 - August 12, 1997 Richard R. Freeland Asaro, Keagy, Freeland & McKinley Attorneys At Law 3170 Fourth Avenue, Fourth Floor San Diego, CA 92130 RE: BLACK RAIL ROAD COMDENMATION Enclosed for your information is a copy of the written request from Mr. Guy S. Moore, Jr., to speak at the hearing for the above-referenced matter. The request was received in the City Clerk's Office on August 8, 1997. c!iLiiia Assistant City Clerk c: City Attorney < City Engineer 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @ August 7, 1997 City Claerk City of Carlsbad 1200 Carlsbad Village Drive Carlabad, CA 92008 Re: Black Rail Road Project September 2, 1997 Hearing Date Dear City Clerk: This is to advise you that both I and my consul Thomas W. Smith, Esq., plan to attend and wish to be heard at the above referenced hearing. Si.? Guy S. Moore, Jr. cc: T. Smith 2 September. 1997 Re Item #I 2, AB-14.335condemnation -Black Rail Road Mr. Mayor and members of the City Council: My name is Guy Moore and I reside at 6503 El Camino Real, Carlsbad Ca..92009. When I acquired the subject property from Gordan and Mary Olton in 1966, the title showed an encumbrance for a 30 foot covenant easement for utility and roadway construction and dedication purposes. See exhibits 1 & 2. As an outgrowth of a plan filed with the County of San Diego by Mr. Ayres and annexation hearings before LAFCO, I contacted the then Chairman of the County Supervisors (now senator) William Craven. Mr. Ayres corroborated Mr. Oltons’s explanation that the Black Rail covenant was meant to satisfy circulation requirements as well as provide a water line easement for his proposed subdivision. In subsequent years, the Black Rail Easement has served SDG&E, Carlsbad Municipal Water District, Bell Telephone , GTE Cellular and Aviara (Hillman Properties West). See exhibits :T and 4 _ In January 1977 Jack Kabota, engineer for the Water District on finding that the District had no easement in Black Rail, requested Mr. Ayres to convey an easement for the water district and Mr. Ayres obliged. (see exhibits 7 and 6 . The second page (@) states--“The easement herein granted is subject o the grantor’s reserved and expected rights to construct, pave and maintain a street or highway * over the surface of same and to install and maintain other utilities therein and to grant the right to others to lay pipelines or install public utilities over said property and/o&\o#rant or dedicate such easement or right of way to any public body or public street, such grants or dedications to be made subject to the herein granted easement. While we are on the subject, we wonder if any of the Council would be interested in acquiring the "Brooklyn Bridge" for the bargain price of $10.00 ? - - - or perhaps the "Golden Gate Bridge" ? a steal for $25.00. EXH I BITS-““’ FOR DOCKET ITEM # 12 AB 14.335 BLACK RAIL . I . ; .( ,’ ‘, ; i, ,, ,.,.: ,,...a*, ! iI<. F.,r.. .;. i! I ‘.I c i-7 r. 1363 lq-,ir!*c! : SCHEDULE A STANDARD COVERAGE _- GUY S. MOORE, JR. iilllivy xc,: --- 236005-1 Consideration paid for this policy: S 95 o. . ________. _. _--...-----------. _- [.:fT,.<.:i;Q. ,iaip, June 24, 1966 a’g:oo o’clock A%. Amount of liability: S~~,OOO,OO : :; --- I nc c~tate 01 interest in the land described or referred to in this schedule covered by this policy is: A F'EE :~., _ f----. -.-- -.- - i :IIC ta thr estate or interest covered hy this policy at-the date hereof is vested in: GuY.S. MOORE, JR., a single man. -.-.- FG-!Q<,j r-ft*rred to in this policy is 8i4,v.rrixd x5 follaws: The Northerly 160.00 feet of the Westerly 544.00 feet of the South Half of the Southwest Quarter of the Southeast Quarter of Section 22, Township. 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey, Said dimensions being measured along the Westerly and Northerly lines, respectively, of said South Half of the Southwest Quarter of the Southeast Quarter. 215-080-3 W.O.P. Code 6208 Page Two -. E)##Jm’:. 1 SCHEDULE B 236CO5-I This policy does not insure against loss or damage by reason of the. following: PART ONE: 1. Taxes or assessments which are nor shown as exisring ltrnr by the records of any taxing authority that levies ~xa or assessments on real property or by the public records. 2. Any facts, rights. ~nreresrs,or claims which are nor shown by rhe public records but which could be rscertrind by an lnspcctlon of sard land or by making inquiry of persons in possession thereof. 3. Easemcnrs, claims of casement or encumbrances which are nor shown by the public records. 4 Diarepancies. conflicts in boundary lines, shorrape in area. encroachments, or any other frcrs which a correct SUE vey would disclose, and which are nor shown by the public records. >. Unpatented mining claims; reservations or exceptions warcr rights, claims or tirle ro water. in patenrs or in Acrs ruchorizing the issuance thereof, PARTTWO: 1. County and special district taxes for the fiscal year 1966-1967, a lien not yet payable. 2.' An easement for roadway purposes and right-of-way for installation of public utilities and pipelines over the Westerly 30 feet of said land as granted by deed recorded August 26, 1960, as File No. 174500. 3. An easement over.said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Company, by deed recorded June 24, 1965, as File ?Io. 113018. The route thereof across said land is more particularly described as follows: Within the Easterly 12.0 feet of the Westerly 30.0 feet of the herein described property. 4. An easement over said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Company, by deed recorded March 31, 1966, as File No. 54149. The route thereof across said land is more particularly described as follows: Within the Westerly 50.00 feet of the Northerly 6.00 feet of said land. 5. An easement over said land for communication structures and purposes incidental thereto as conveyed to The Pacific Telephone and Telegraph Company, by deed recorded May 25, 1966, as File No. 87070. Said structures shall be located on the Westerly 30 feet of said land and the grantor therein covenants for himself, successors and assigns not to place or maintain any building or structure thereon. --------e-------w- Page Three - ,- I 1343 . I’-.I’.. l .t*7.1 sr,iif\ . . . . . ;!I’: *is * c . ;IY T1Tt.i INSUXNCf CO .-_---. .-. . . . f,,. -- .*n : ‘j C., II ‘i GRANT OF EASEWNT . :.., ! . . . 1 . .’ IiJ;: ;. :. . a’ :.::&.j l CORUON IJ. OLTON and WRY JANE OLTOW, his rife, do hereby grant to FRANK H. AYRES L SON, 1. corporation, an came- l cnt for roadway Putpoaca and right-of-ray for inatallrtlon .of public utilltlrr and plp~llnes over property l ltuatcd in the County of San Ulc~o, Stab of C~llfornlr, dcacrlbrd a~ follorr: Portlonr of Srctlon 22 and Stctlon 27 of Tornahlp 12 iinuth, Itanjic 4 scat, SDBX, County nf San Dlrgo, jta tr of Ca 11 f ornlr , drrcrlbrd I. follora: Dc#lnnln~ at thr Jntrracetion of thr North-South crntcr llnc nf *rlJ S*ctlnna 22 And 27 with the Southerly boundary of EcctJon 22 (brlnc alao th- h’orthcrly boundary of section 27) thcncr at rich* angles 91th 8ald crntcr llnc Eaatrrly 30 lrrt; thrice Northrrly paral)rl rith rrfd crntrr llnc GGU frrt; thrncr *ceterly rt right rnllra rlth ma111 crntrr lln* 60 fret; thrncr Baathcrly parallel rlth nalci renter Jtne 1980 fret; thrncr rt right rnglrs rlth nald Ccntrr llnr JO feet to l ald ccntrr Ilnc: thrncr Nnrthrrly along mald crntcr Ilnr 1320 frrt mnr~ nr Ic?ln tn Pfilnt Of b*Klnnln#. to bl *lard by :hr Lrante~., tnuamthrr -1th othera and the public ln Crfwrr I, Ior :.uch toadsay purpuwa and rlphta-of-wry for Jnatallrtlnn rgf l~~bllr utllltlra rnd plprllnra . porcr vcstrd *U the- tirrntro \I, crawl nr tirrllca t nr rlcht-of-•ry I., ..uy (~uf~flr bwfy as * public l Jth thr full I- such rrarscnt rtrret and Chr right to Krant to e1tlwrm the rlp.ht to lay plpr I Inch nr Install utllltlca of thr. uswl hln.1 nvrr r4Jd prnprrty. Uatrd: . . . . 4&k: ‘l./ ,Iy.r- ‘. GORUON II, OLTOh’ ‘I 1. 0’ I ‘,. / f. .,’ ,. :: . ‘i-r-. : %AltY Je t. a I.T ON STATE OF CAI.IrOllhJ~\, J IW. County ?f ban .*Jr.fin. I , l9SP, brrnrr me, thr under- *Pi4 Cwnty an* ;tatr, )wr- 4 JL\ilY JALI ttt.TtJ.\, knnan tu iiq. tu bv thr. 8.. I ..uu% rI.w!.+ 114-a 4 i)rf l ~bacrlb~ tl tu the .l th,r, :A.rtrurrnt .#na ..v l.t.~.r ‘a *Ice aI tl.at tlwy ~ta,cut# 8, \hr- par, . % . .-. ’ I. 1 r*: .. . 1 .! . . ?.I *,I I 1,. I4 I r;, a I . , ‘.: I - EC.- rl. .yll q - .* ..:, Sh f.:’ c”b . . . 2 : i 3 .- ; i ab - . . . . . . ._ , “: <.: 1 :- ” 0 N ~~~~~ , ’ : / ; 1 I ;‘E‘ la;‘.’ I I i $-q--7’ ; - _ ., ** ” - - ‘p : I- $* c.. . :- . r.;r ‘.F , ‘. > _. ;~+.:c--; .~K7~7f zccg-,l. . 4&&:&q+.:- :‘ . . w By this imtrument dated .),,,’ ‘: ; ‘;,I 1: . /- Affix June 30, 1958 , for a vdwble consideration, IRS ’ i . $a . - ROBERT S. HORNE -. hereby GRANTS to CARLSBAD MUMCLPAL WATER DISTRICT, a Municipal Water District organised and existing under the M!v.nicipal Water District Act of 1911, as amended. The following described Real Property in the State of Cdifomia, County of San Diego, ._ City ‘of That portion of the North Half of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South; Range 4 West, San Bernardino Meridian, described as . follows : Ucginning at the South Quarter Corner of said Section 22, thence Northerly along the North-South centerline of said Section 22 North 2’18-‘55”West 1041.37 feet to the TRUE POINT OF BEGINNING; thence South 89’55’47’%ast 250..00 feet; thence South 0’04’13” West 350. 00 feet; thence North 87’51’00”West 235.93 feet to a point in said North-South centerline;thence Northerly along said North-South centerline 341.73 feet, more or less, to the TRUE POINT OF BEGINNING, .containing 1.93 acres, more or less. Reserving unto the Grantor, his assigns and successors, an easement for road purposes over the WfJsterly 20 feet of the Northerly 175 feet of the above described parcel. . ,O;CWtTr! GILT F! OF /t4AS:;A OITJSRTTS / ROBERT S. HORNE I ‘kf-A?k23WG~0~X COUNTY OF I On June 3 fttc urldCf:ignCd. J NO’LWY State, pcrsnnally Jppcarcd ,!IOUEKT S. HORNE i > ’ c .’ < : nm.n tc) mc to bc the person whose name 1 ~&cr~becJ fp th6 wthin instrument, and sckzowl;d& to n>c .’ Thor -..he.:.. exebArd the sane. - 1 SPACE BELOW FOR RECORDERS USE ONLY Docvwprr K II t;w;’ mzoRD~-z &LJ XL5 . (“4, =G JUL 21 1% a: s’:oil CJd -------“.-- OrFIClAL .rI.zOs,,J ,~-Y ut :*a Cl,co. r.*L WILLIAM A. CRAVEN CHAIRMAN w. DOMINGlIE?. CICE”TI”C &~‘ISTlltl . BOARDOF SJPERV~SORS VISTA BRANCH OCFlCc JPU 1. MELROSE DRIVE VISTA. C*iI~ORI(I* 02a.Jl TELEPHONE 724.8571 COUNTY AOMINISTRATION CENT&R SAN OIEGO. CALIFORFIIA ‘92101 . l F@j 2 k- :7 1 . Ms . William B. Rick Rick Engineering Company WBL LA:: 3557 Xenyon GAL EFi? . San Diego, California' WAFS,, CDS:‘; RMS- JR0 LFG MEr- Dear Mr. Rick: RCL ua- JEP- EF?-- L RAE= I have been contacted recently by X!. Guy Moore or --- -_ 6503 El Camino Real in Carlsbad relative to the Ayers - proposal in the Batiquitos Lagoon area. Hr. Moore resides on Poinsettia Lane and is interested in the circulation patterns as delineated in your map - f,iling. .Due to his concern and your hopeful concern to place' your plan on the lar,d without discoxnoding others, I akk respectfally that you contact Mr. Noore to discuss the'natter in question. WAC/m-j .,‘. . . % e \ J _ 5’; 01--+- . . . . . . . ‘~Ml!3~ - . . . . . . : - -----. -- 5 ------ ------- 1 . . . . ., . %I”), -.- .-_-_ .’ - .. ..b__. i’ --!--ii . . . L( * . I’ , - WICK ENGINEERING COMPANY I :‘;I’,““c’~~,‘~~~~~~~~ 3557 KENYON STREET SAN DIEGO CALIFOHIUIA 921 JC TELEPHONE . AREA CCDt 710 . 222.C347 Febrary 25, 1972 Mr. William A I Craven, ~hzirnx:~; Board of Supet-Kkors The (3xtn.t~ of San Mego Cxnxnty Adrahistmtion Centa San Mego, California 92r,o1 mar Mr. craven: Thank you for your letter of Febrwry 16th roiativc to Mr. Guy Moore. I ham told Mr. Ayms of your requsst. He hzs advise5 me that Mr. Moare will be c~~~tacted. I Sf==dY I Ike=.‘..‘- WiUiam B. Rfak W%R:rn ac: Mr. Iknaid Ayres - w/m~losum .< ..w- . . : ,.: ‘X! . a. ‘; . * . . _ .., .: .i . P ; ,. ‘.’ . _.., : . . .._.. _..., . ,, ....’ 7 .- 1 -. - --“‘--- - . ..“.- : : :,:’ ..--- _ .,! : .:; ,s. . : .,‘.’ .’ .-_ - _- . . . ..-. ( ,-.r.: _, .7,: I. : , . . ..’ * L, .;:.a ._ ._ . . t ! I p. 0. Box 1095 :._ . . . L . ;; .9 Carlsbad. California 92008 1, ‘: Sheet . of .:: : . - : t FlLE/rrcP No. -* . 3OOK1977 RECO~D~~~EOUES~OF * m.E lfq.+E CDL- JAN 5 9 1eAx’77. . . OfFltil: RCCOROS . .sm i?XC~ co;;wrr.crW . IilR’,tI F.SL.WM REcoaDEI ,’ z.. _ : ‘: _. NO FEf FRANK ii’: AiRES 8’ SON.~ A -Corporation UAv );t)+REQmmpmm” - CCTE hgY 6% I .! . i t f i -.I 1 i ‘. I 1 1 . : ;, .? ;‘. .y . . . . Gx* g .&. . . I . ., : . as Grantor. for and in considera- tion Of the SLJ of One Oollar’and other valuable consideration .pafd by CARLSBAD HUNICIPAL YATER DISTRICT, a municipal water disl trict organized and existing under the Hunicipal Water District Act of 1911, as amended, as Grantee, receipt hereof is hereby acknou- ledged; do hereby grant to said CARLSBAD HUNICIPAL WATER DISTR its successors and assigns, an easement of right of way sixty feet In width in. upon, over. under. and across the lands hereln- after described. to crec-t, construct, reconstruct repla%e repair maintain and use a pipeline or pipelines for any ;nd all pitposes . together uith their necessary fixtures and appurtenances includini but not limited to conduits and cables for power transnission and communication purposes. along. at such locations and elevations. upon, over and under.the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to. time, together with the right’ of ingress thereto and egress therefrom; to and along said right of uay by a practical route or routes. in upon. together with the over and across the hereinafter described lands right to clear and keep clear said right of wa; from explosives, buildings and structures. . The center line of said l asment of right of way is particularly described as follows: Beginning at the South Quarter Corner of Seition 22, Township 12 South. Range 4 Yest. San Bernardino Heridian. according to United States Government Survey approved April 21. 1890; thence Northerly along the or less. to the Northwest corner of the SouthwPst Quarter (SW 1;:;’ North-South centcrline of said Section 22.m feet. of the Northwest Quarter (ND l/4) of the Southwest Quarter (SD l/4) of the Southeast Duarter (SE l/4) of said Section 22. said point being the TRUE POINT OF.BEGINNING; thence Southerly retracing the North-South centerline of said Section 22. to the intersection with the Northerly line o 3ps feet more or less. Section 27. Township 12 South, Range 4 blest. San Bernardino Meridian accordfng to United States Governmerit Survey approved April il. 1890: thence continuing Southerly along the- North-South. centerlfne of said-- Section 27. 1.320 feet. I ::g ..I$ 3% p> :.x .zj I:.; CJ :- J2 2 1’ j F i f d i ; I 2 i I # I . ; I. : p ? $ 9 . I _. ._., ‘-d “.I’:. r:,,. :- I .- ._, ;, * , n 1 1 I , - , The citizens and landowners within the proposed Flack-Rail scar’, cost recovery district request that the “Carlsbad A.gricultural Improvement Review Board” recommend that the State Coastal Conservancy authorize the dispersment of an amount not to exceed Five hundred Thirty Kine Thousand eight hundred sixty five dollars (9535,F65) from the Carlsbad Agricultural Trrprovecent Fund to !;te Falorrar- Romona-Julian Resource Conservation District to provide con- struction funds to pave and install sewer and natural gas faci- lities according to attached city approved specifications and cost estimates, Pack Ground In lFI1, at the recommendation of F.R.C. Toups Corp. of De1 Par, an agricultural conversion fee of 520,000 per acre ‘was assessed against developers adjacent to Interstate 5 and Ranch0 L.a Costa (now Aviara). The donor area’s were called hello I lands. Jn 1qfZ legislation was enacted to spend the funds generated by Fell0 T tc. mitigate the adverse impacts of residential encroachment on agricultural lands. These lands were recipient lands and re- feirred to as Fell0 II lands. Over the years these acts were amended to reduce the amount of contribution by the donor areas! and to alter the priorties of exFenditures,from mitigation of adverse impacts on agricultural lands; to priorities favoring enviromental goals. Cver the past 10 years the developers have rapidly advanced until they have u.5 . . surrounded, and are in control of the only paved vehi.cular:.$kess in addition to infrastructure critical to the .- survival of 'this community of floraculture. We have regeatedly . i h4 appealed to both Local and State agencies for relief, an *havenet even the courtesy jd reply. (see attached corres$ondeace). --e ---.. e-u., - - _; 0.. , - . . . (. The econorric iFpact of the proposed i’ello-Zoos a s s ezsren-, ci::tric:, can not help bu t adversely irrpact the agricultural iahds. ‘Yhe rvlello-Roes vote will be by the acre rather than one nan one vote. The great preponderance of the vacant lands are in the hands of ’ absentee’ land speculators therefore it is otvious the final de- c i’.- : ens will be trade in Newport Peach. Kost of t:ie growers feel rt to encurrber agricultural lands to provide up front resident- laily oriented infrastucture,in the existing unstable econorr.ylis cisking agricultural iand as collateral to provide developers cheap construction funds and anounts to agricuiture being forced to sutsidize developer’s projects. This type of funding together with past sanipulztion of the relio f! progrur has spawned a new concept llJi<Vi‘RZK YJ? IG p.‘; JC1-i”. Froponents of F.ello-Eoos will point out taxes are passed through (or delayed) ur.til converted to developerent. ?his does r,ot exerrpt the taxation; it only delays it. I ‘ie would like to point out that paving a 24 foot strip would not only tenefit the gro**:ers with an all weather road, but also the comunity by raking the area accessable to errergerIcy vehicles as well as utility rraintenace crgws. The installatien of a sewer will not only elirrinate the chelcJca1 toilets used ty the growers but will elirrinate polluting of the 335,CCO,OOO Eataquitos Lagoon Enchancepent Project by present septic system perking therein. The installation of natural gas lines will not only effect a saving of 45% for the growers in lieu of propane, but also result in conservation of our precious energy resource. l WAY BE R DUCED Tc 56’ FOR CU f -DE-SAC OR LOOP STREETS I - LOCAL STREET . 1 APPROVED IDATE 1 CITY a OF CARLSBAD I 7 ofL7k c/l9/6 7 A. krLlr-s . /C-IS-. arr cm3w~~ CSE r - ,STANDARD STREET WIDTHS gm.,i--i~.k & i 1- . . .a SHOTGUN COST ESTIMATE Preparation of Subgrade 60 x 2640 = 158400 x.40 = Remove Palm tree (lump sum) 6' C.T.B. 158,400 x $.85 3" A.C. Pave 158,400 x $1.20 21' Sewer Main S-4 2640 x $61.00 6 Manholes 5' x 3' Plastic Ext. Shoring 2640 x $11.00 Gas Main S.D.G.&E. 2640 x $12.82 St. Signs 2 x $180.00 Drainage 63,360. 2,000. 134,640. 190,080 161,040 25,200 29,040 33,845 360. 40,000. Sub Total - 679,565. _ .,, 5 Cont. Res. 21,572. I 10% Eng 6, Plan Prep. 67,957 60' x2640' 10% Const. Admin, 67,957 -- - -- 200,00Uy~ .- r 77' Y.7 -' . 3.64 acres @ 654,545. Grand Total l;491,596. EXUIRIT - ‘3 CC&TRACT ITEI:S 1. Preparation of Sub-grade 30' 'X 2376' = 71,2EOo1 X .40 2. fierr.ove large pain: tree - 1urr.p surr. 3. 6" C.T. Ease 2376' X 24' = 57.,'J2401 X I .e5 4. 3" A.C. Tave. 57,024&’ x 1.20 5. 21" Sewer Nain (S-4) 3OCO' % 61.00 6. 6 Fanholes 5’ X 3’ Fl/astic Liner - epoxy rr.ortar 6 X 4,200 7. Zxc. Shoring 3000' C 11.00 3 2P.512 2,COC E.&d70 6E,L25: w3,ooo I 25,200 33,000 1. Gas Fain Extension 3000' X 12.82 SDG&E X,460 4. Street Signs 2 Q l&O.00 360 10. 609J. Red wood (clear Heart) 2” it 4” -.i?!4000 Bd. Ft. @ 1,000 Edge Retainer 4,000 >r.:‘i'. 2, . :-V.*: $ .- ;, Con&. Total - 6:. 431,431 __ 5% 03;33;;yy 21,572 10% Sng.& Plan preparation 43,431 10% Contract Administratibn 43,431 8 53C,e65 Road - 151,771 = 35% Sewer - 241,200 = 56(Ic Gas - 3&460 = 2% i ’ DATE: ' TIME: LOCATION: CARLSBAD AGRICULTURAL IMPROVEMENT REVIEW BOARD (CAIRB) MEETING NOTICE Tuesday, April 21, 1992 1:00 P.M.' Conference Room Department of Planning 2075 Las Palmas Drive Carl sbad, California AGENDA I. Review of actions and discussions at February 25, 1992 meeting. Il. Evaluation and comment on proposal to authorize $686,322 for the establishment of a competitive research grant program, Ill. Continued discussion of suggested projects introduced at February 25, 1992 meeting. I A. Use of City of Carlsbad employees to provide assistance in conducting a cost-share grant program. 0. Improvements to Black Rail Road, IV. Suggestions for future project development. - -. V. Status report on Palomar-Ramona-Julian RCD On-Farm Grant Program. ' ~ . . VI. Future meetings VII. Adjournment August 28,1997 TO: CITY MANAGER FROM: City Engineer . NEW EXHIBITS TO RESOLUTION FOR AGENDA BILL 14,335, RESOLUTION 97-596, ITEM NUMBER 12 FOR SEPTEMBER 2,1997 AGENDA - CONDEMNATION FOR BLACK RAIL ROAD CT 84-32A Attached are replacement exhibits to the resolution to the above mentioned agenda bill. The changes are minor (Signature on Dedication Plat and minor changes on legal description). They do not affect the isent of the agenda bill. Please distribute as needed. LLOh&k HUBBS, P.E. City Engineer LBH: brg Attachments: Exhibit 1 to Resolution Exhibit 2 to Resolution Exhibit 3 to Resolution