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HomeMy WebLinkAbout1988-06-14; City Council; Resolution 88-183*. 0 0 J. II RESOLUTION NO. 88-183 2 3 4 5 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, 'DECLARING THE PUBLIC NECESSITY, RETAINING SPECIAL COUNSEL, AND AUTHORIZING DEPOSIT OF ACOUISITION FUNDS WITH THE COURT 6 7 WHEREAS, the City of Carlsbad, California, propose 8 9 improve Park Drive between Cove Drive and four hundred feet south of Marina Drive, in the City of Carl! 10 hereinafter referred to as "the project" ; and 11 WHEREAS, the project requires the acquisition of ce: 12 Department of the City of Carlsbad, California; and 21 Carlsbad are on file in the office of the Municipal Pro: 20 1 WHEREAS, the plans for the project within the Cit 19 and 37353; and 18 Section 4090, and the Government Code, Sections 37350, 373 17 purposes pursuant to the California Streets and Highways 1 16 interests therein for streets, drainage facilities, and 1 15 right of eminent domain for the acquisition of real proper 14 WHEREAS, the City of Carlsbad, California, may exercisc 13 real property interests: and 22 .WHEREAS, on October 21, 1987, the Planning Commission o 23 consistent with the City of Carlsbad General Plan; and 26 proposed location, purpose, and extent of the projec 25 California Government Code, Section 65402, found that 24 City of Carlsbad, California, pursuant to the provisions o 27 28 /// /// 11 /I 1 2 3 4 5 6 a 0 WHEREAS, on May 26, 1988, pursuant to the Calif( Public Resources Code, Section 21084 and following, the Council of the City of Carlsbad, California, issued a Notic Exemption for the project; and WHEREAS, the real property or interests therein sought . acquired are located within the territorial limits of the 7 project: and 8 of Carlsbad, California, and are necessary for the pro: 9 WHEREAS, the City of Carlsbad, California, has establ: 10 11 the amounts which it believes to be the just compensatiox established by the City of Carlsbad as just compensation; 28 failed to favorably respond to the offers of the am 27 interests therein sought to be acquired and the owners 26 date of the offer to the owners of the real propert 25 WHEREAS, a reasonable length of time has expired sincc 24 sought to be acquired; and 23 as .just compensation for the real property or interests tht 22 statement and summary of the basis for the amount establ. 21 summary of said real property or interests therein a wr. 20 1 said real property or interests therein a written statemen 19 WHEREAS, as the City of Carlsbad has provided said owne 18 therein sought to be acquired; and 17 as just compensation for said real property or inte 16 real property or interests therein the full amount establ 15 City of Carlsbad, California, has offered to the owners of 14 WHEREAS, pursuant to Government Code Section 7267.2, 13 sought to be acquired; and 12 the hereinafter described real property or interests thc ll 0 0 I 1 WHEREAS, pursuant to the provisions of the California 2 ROLL, have been sent a NOTICE OF INTENTION TO ADO: 5 and addresses appear on the current equalized COUNTY ASSES! 4 property or interests therein sought to be acquired whose 1 3 of Civil Procedure, Section 1245.235, the owners of the CONDEMNATION RESOLUTION, and have been provided wit1 6 7 opportunity to appear and be heard on the matters referrc 8 in California Code of Civil Procedure, Section 1240.030; a 9 WHEREAS, the City Council of the City of Carlsbad hc 10 behalf of the City of Carlsbad for this action; and 11 retains the firm of Asaro & Keagy as Special Counsel for ai 12 WHEREAS, the City Council of the City of Carlsbad 13 16 NOW THEREFORE, BE IT RESOLVED by the City Council 01 15 Program Budget for the construction of said project: 14 previously appropriated funds within its Capital Improvc 3. The proposed project is planned and located in a mi 21 project . 20 1 2. The public interest and necessity require the proL 19 1. The above recitations are true and correct. 18 hereby declares that: 17 City of Carlsbad, California, which finds, determines, 22 23 which will be most compatible with the greatest public gooc described in this Resolution, is necessary for the pro: 25 4. The real property or interests therein, hereinl 24 the least private injury. 5. The proposed project is a matter of public necessi 27 pro j ect . 26 28 /// I, 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 a 0 6. The use of all and each and every part of hereinafter described real property or interests therein the use and purposes of the proposed project is a public and a use authorized by law. 7. The public interest and necessity require that property or interests therein, hereinafter described in resolution, be taken. 8. The law firm of Asaro & Keagy, hereinafter referrt as I9Special Counselll be, and is, authorized, empowered, directed, in the name of the City of Carlsbad, to acqui~ donation, purchase, or condemnation, in accordance with provisions of the Code of Civil Procedure of the Stat California related to eminent domain, the hereinafter desc: interests in real property. 9. Special Counsel is authorized and directed to prl and prosecute in the name of the City of Carlsbad such su. suits in the proper court having jurisdiction thereof a: necessary to condemn, take, and acquire said herein described real property, or any part thereof, for the pro pro j ect . 10. Special Counsel is authorized and. directed to mal application of said court for an order determining the am of money to be deposited as security for the payment 0: just compensation which will be made for the taking of the property or any part thereof or interests therein necessar the proposed project and any damage incidental thereto, a make application to said court for an order permitting the of Carlsbad to take immediate possession of and to use sai e 0 1 real property and part thereof, or interests therein, sough 2 be condemned for the proposed project. 3 11. Special Counsel is authorized and directed to 4 deposit for such security for such right-of-way out of pr 5 funds under the control of the City of Carlsbad in the ar 6 determined by the court in the, manner directed by the court 7 12. Special Counsel is authorized and directed to incu 8 9 behalf of the City of Carlsbad all reasonable and neces expenses in the prosecution of a suit or suits to condemn 10 real property. 11 13. The real property referred to in this resolutio 12 14. The City Council of the City of Carlsbad, Califor 15 descriptions attached hereto and marked Exhibit "AI1. 14 California, and is more particularly described in the p; 13 situated in the City of Carlsbad, County of San Diego, Stat consistent with the intent of this Resolution. 18 for the acquisition of real property or interests the 17' hereby authorizes and approves deposit with the court, f 16 19 I 15. The City Council of the City of Carlsbad, Califc 20 significant impact on the environment. The City Council 0: 28 considered to be minor in nature and, therefore, not to h; 27 Alteration of the existing physical features of the site 26 street within the City of Carlsbad's circulation sys 25 and that said project involves minimal widening of an exis 24 the Environmental Projection Ordinance of the City of Carl 23 implementation of the California Environmental Quality Act 22 project has been conducted pursuant to the guidelines 21, hereby finds and declares that an environmental review of II m e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 1.9 1 201 21 22 23 24 25 26 27 28 1 City of Carlsbad has issued a Notice of Exemption for project prepared by the Planning Director on May 26, 1988. 16. The City Council of the City of Carlsbad, Califc hereby authorizes and directs the City Clerk to forward 1 (3) certified copies of this Resolution to Special COUI Asaro & Keagy, Attorneys at Law, Attention Richard Free. 3170 Fourth Avenue, Fourth Floor, San Diego, California 1 immediately following the Mayor’s execution of this Resolu PASSED, APPROVED, AND ADOPTED at a regular meeting oJ Carlsbad City Council held on the 7th day of June 1988, by the following vote: AYES : Council Members Lewis, Kulchin, Pettine, Mamaux an.d Lar! NOES : None ABSENT : None CLAUDE A. LEWIS, May’ ATTEST : / R &A ,JLAL” ALETHA L. RAUTENKRANZ, City C4erk (SEAL) ~ ~ HIS- INSTR'JMENT To: . .. / !.e ' . CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSDAD, CA 92008 -. (. EXHIBIT A o TRANSFER TAX'DUE I SPACE ABOVE FOR RECORDER'S EASEMENT _. FOR PUBLIC HIGHWAY - Assessor's Parcel NO. 207-1 50-57 PARK DRIVE Project IMPROVEMENTS W.O. No. 31 92 THOMAS R. BANCROFT AND MARILYN J. BANCROFT, Husband and Wife as Joint Tenants hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the ClT CARLSBAD,. State of California, hereinafter called GRANTEE, an easement fol highway and public utility purposes and incidents thereto, upon, over and acr certain real property within the CITY OF CARIBAD, State of California, desc follows: Beginning at the most Northerfy corner of Lot 73, of Shelter Cove, in the City t bad, County of San Diego, State of California, according to map thereof No. 5162 the offices of the County Recorder of San Diego County, April 23, 7963; thence i Northeasterly iine thereof South 46OO8'27'' East 7.54 feet; thence leaving said Nort iine to the beginning of a non-tangent 334 foot radius curve concave Westerly, a said point bears North 67O54'44'' East; thence Southerly along said curve through of 14°41'2611 an arc distance of 85.64 feet; thence tangent to said curve South Esst, 51.60 feet to the beginning of a tangent 401 foot radius curve concave thence Southeasterly along said curve through an angle of 26O57'17" an arc di! f 88.65 feet to a point on the Southeasterly tine of said Lot 73 , a radial to said PO South 55O38'53'' West; thence along said Southeasterly line South 24°54'10'' West 2 to the most Southerly corner of said Lot 73, said corner being a point of begin1 non tangent 384.03 foot radius curve concave Northeasterly, a radial to said PO South 58°50'36't West; thence Northerly along said curve, being the Westerly iir Lot, through an angle of 23°45f34" an arc distance of 159.25 feet; thence tanger curve North 7°231S011 West 100.89 on the Westerly line of said Lot to the begin tangent 331 foot radius curve concave Westerly; thence Northerly along said curv Westerly line of said Lot, through an angle of 15O52'54'' an arc distance of 91 .: the point of beginning. All as shown for convenience sake on Exhibit "A'' attached hereto. ; . I/*#- , - b 4 $t e Grantor hereby further grants to the CfTY OF CARLSBAD the privilege ar; o extend drainage structures and excavation .and embankment slopes beyond 1 the herein described right-of-way where required for the construction and ma successors or assigns, the right to eliminate such slopes andlor drainage SI portions thereof, when in the written opinion of the City Engineer of Grantee, . sity therefore is removed by substituting other protection, support andl facility, provided such substitution is first approved in writing by said Engine. The Grantor .hereby further grants to Grantee all trees, growths (growing or 1 hereafter grow), and road building materials within said right-of-way, includil .to take water, together with the right to use the same in such manner ', locations as said Grantee may deem- proper, needful or necessary, in the ( reconstruction , improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any c and all damages to Grantor's remaining property contiguous to the right-of conveyed by reason of the location, construction, iandscaping or mainten: highway. (said Public Highway. RESERVING unto grantor of the above described parcel Dated this. day of 5 STATE OF County of ."-------------yIss* On 8 l9 , before me, the undersigned, a in and for said County and 5tate, persoxy appeared personally known to me (or proved to me on the basis of satisfactory evidenc, the. personfs) whose name(s) islare subscribed to the within instrument and to me that helshelthey executed the same. Witness my hand and official seal. , 'Notary Public in and for said County and State This is to certify that the interest in rea! property conveyed by the fore@ the City of Carisbad, a municipal corporation is hereby accepted by the ( said , City of Carisbad, California pursuant to Resolution No. , and the Grantee consents to recordation thereof by its ( officer. Dated 5Y ALE~HA L. RAUTENKRANL. CITY^ I‘ ORARUC a rn 70- 800); 201, PAGE b PARK DRIVE ” EASEMENT DEDICATION _. . ”