HomeMy WebLinkAbout1986-08-12; City Council; Resolution 8745RESOLUTION NO. 8745
A RESOLUTION OF THE CITY OF CARLSBAD
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
CARLSBAD, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR
WHEREAS, the City of Carlsbad (hereinafter referred to as the
"City") is authorized by virtue of the Constitution and statutes
of the State of California to acquire property by eminent domain
and to hold, use and enjoy said property as necessary to full
exercise of its power; and
WHEREAS, the Carlsbad City Council has previously adopted
Resolution No. 1995, approving with conditions Tentative Map CT
82-4/PUD 38, and requiring Bircher Business Center (hereinafter
referred to as the "Developer") to provide an offsite drainage
easement and to install an offsite drainage facility within said
easement in conjunction with the development of the industrial
park known and designated as CORPORATE PALOMAR PHASE I1
(hereinafter referred to as the "Subdivision"); and
WHEREAS, the easement to be acquired for said drainage
facility is located on that certain real property (hereinafter
referred to as the "Property" ) which is more particularly
identified in Exhibit "A" attached hereto and incorporated herein
by this reference; and
WHEREAS, development of the Subdivision is consistent with
the General Plan and the zoning of the City; and
RESOLUTION NO. 8 7 45/
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WHEREAS, the owner of the Property has been contacted and
offered just compensation for the acquisition in accordance with
Section 7267.2 of the Government Code; and
WHEREAS, all persons whose names and addresses appear on the
last equalized assessment roll for the Property were given notice
and an opportunity to be heard pursuant to Code of Civil Procedure
Section 1245.235; and
WHEREAS, a public hearing was held by the City Council on
August 12, 1986, at which the matters set forth above and in Code
of Civil Procedure Section 1240.030 were discussed, including the
following matters:
(a) Whether the public interest and necessity
require the project; and
(b) Whether 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) Whether the property sought to be acquired is
necessary for the project; and
(d) Whether an offer of just compensation pursuant
to Government Code Section 7267.2 has been made to the
owners of record, or the offer has not been made because
the owner cannot be located with reasonable diligence.
NOW, THEREFORE, the City Council of the City of Carlsbad
hereby resolves and finds as follows:
Section 1. That the above Recitals are all true and correct.
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I.
Section 2. That the public interest and necessity require
the acquisition of an easement for drainage and related purposes
across the Property described in Exhibit "A" hereto in order to
provide for the construction and completion of needed drainage
improvements for the Subdivision and surrounding area.
Section 3. That the easement in the Property which is hereby
sought to be condemned includes only land which is necessary for
the proposed project.
Section 4. That the project is located in a manner most
compatible with the greatest public good and the least private
injury for the following reasons:
(a) Drainage channels have been or are being
provided for both upstream and downstream from the
Property;
(b) The easement to improve and extend said
drainage channels will encumber only one owner's
property interests, but will benefit the entire area:
(c) Condemnation of an interest in the Property
for drainage easement purposes will not interfere with
the owner's use of the remainder of his property and
will actually improve said owner's property in a manner
that the owner would be required to improve it if said
owner were to develop first; and
(d) The drainage easement and improvements will be
paid for by the Developer and will not require the use
of City funds.
Section 5. A description of the General location and extent
of the interest in the Property to be taken, with sufficient
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detail for reasonable identification, is set forth in Exhibit "A"
attached hereto and by this reference incorporated herein as
though set forth at length.
Section 6. That the offers of just compensation pursuant to
Government Code Section 7267.2 have been sent to all owners of
record and that reasonable diligence has been used to located
every interested owner.
Section 7. That the law firm of Rutan & Tucker, acting as
Special Counsel to the City, is hereby directed to bring action in
the Superior Court of the State of California, County of San
Diego, in the name of the City, and to take the necessary actions
as deemed appropriate by such law firm to prosecute such action to
completion and obtain a final order of condemnation. Not by way
of limitation of the foregoing, Rutan & Tucker is authorized to
make an application to the court for an order fixing the amount of
security by way of money deposits as the court may direct and for
an order permitting the City to take immediate possession of
Property for the uses and purposes herein described.
PASSED, APPROVED AND ADOPTED by the members of the Carlsbad
City Council at a regular meeting held on the 12th day of
August , 1986.
ATTEST:
f ALTHEA L. RAUTE
City Clerk
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J DESCRIPTION OF EASEMENT
A PORTION OF THAT PARCEL OF LAND GRANTED TO NAZEAH ALADRAY AND JOSEPHINE
ALADRAY, AS TRUSTEES OF THE ALADRAY FAMILY TRUST DATED SEPTEMBER 9, 1980,
BY GRANT DEED OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
SAN Dt EGO, STATE OF CALI FORNlA AS FI LE NO. 81-302157 RECORDED ON SEPT-
EMBER 22, 1981, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESIGNATED
"DESCRIPTION N0.5, 103.54 ACRES" ON RECORD OF SURVEY MAP NO 5715 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960,
BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896;
THENCE ALCNG THE WESTERLY BOUNDARY OF THE AFGRESAID PARCEL OF LAND GRANTED
TO NAZEA ALADRAY AND JOSEPHINE ALADRAY N7'55'33"E 139.22 FEET TO THE TRUE
POINT GF BEG1 NNING; THENCE CONTINUING ALONG THE WESTERLY BOUNDARY N7O55'33"E
40.43 FEET TO A POINT OF INTERSECTION WITH THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD ACCORDING TO R.S. 1534, SAID POINT BEING ON THE ARC OF
A CURVE WITH A RAD1 US OF 1933 FEET; THENCE ALONG THE FUTURE RI GHT OF WAY OF
PALONAR AIRPORT ROAD AND THE ARC OF THE AFORESAID 1933 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4'16'33" FOR A DISTANCE OF 144.26 FEET TO A POINT
OF INTERSECTION WITH THE EASTERLY BOUNDARY OF THE AFORESAID ALADRAY PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY S12'58'19"W 40.52 FEET TO A POINT OF
INTERSECTION WITH A CURVE HAVING A RADIUS OF 1893 FEET; THENCE ALONG THE ARC
OF THE AFORESAIG 1893 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4'15'34''
A DISTANCE OF 140.73 FEET TO THE TRUE POINT OF BEGINNING, CONTAlNtNG
5633.84 SQUARE FEET OF LAND.
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN
EXHIBIT A-l-
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