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Home My WebLink About1990-07-10; City Council; Resolution 90-225m 0 1 2 3 4 5 RESOLUTION NO.90-225 A RESOLUTION OF THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREOF. 6 WHEREAS, the City of Carlsbad, County of San Diego, State of California, prc 7 "A" attached hereto, hereinafter referred to as the "the project", and 8 to construct sewer, water and drainage facilities across the property described in E 9 WHEREAS, the project requires the acquisition of certain real property inti lo j/ including, but not limited to sewer, water and drainage easements; and 11 It - 12 ji WHEREAS, the City of Carlsbad may exercise the right of eminent domain 13 acquisition of real property or interest therein for sewer facilities, drainage facilitie 14 other purposes pursuant to Government Code Sections 37350, 37350.5, and 3735: 15 WHEREAS, the plans for the project in the City of Carlsbad are on file in the X of the City Engineer of the City of Carlsbad; and 17 18 WHEREAS, on December 22, 1988 the City Council of the City of Ca 19 I/ pursuant to the provisions of the California Government Code, Section 65402, foun 20 21 of the City of Carlsbad General Plan; and the proposed location, purpose, and extent of the project is consistent with all ele 22 WHEREAS, on July 10, 1990, pursuant to California Public Resources Code S 23 11 21000 and following, this City Council certified a conditional negative declaration f 24 25 26 27 project; and WHEREAS, the real property or interests herein sought to be acquired are 1( within the territorial limits of the City of Carlsbad and are necessary for the prc 28 project; and 0 e /I WHEREAS, the City of Carlsbad has established the amounts which it belie 1 2 I/ be the just compensation for the hereinafter described real property or interests t: 3 sought to be acquired; and 4 WHEREAS, pursuant to Government Code Section 7267.2, the City of Carl& 5 9 8 WHEREAS, the City of Carlsbad has provided said owners of said real propt 7 as just compensation for said real property or interest therein sought to be acquire ' offered to the owners of said real property or interests therein the full amount estak acquired; and 11 established as just compensation for the real property or interests therein soul 10 interests therein a written statement of and summary of the basis for the a: 12 WHEREAS, a reasonable length of time has expired since the date of the o 13 14 15 16 17 WHEREAS, pursuant to the provisions of California Code of Civil Proc 18 Section 1245.235, the owners of the real property or the interest therein sought l9 acquired whose names and addresses appear on the current equalized County Asse5 2o Roll, have been sent a Notice of Intention to Adopt a Condemnation Resolution, an1 21 the owners of the real property or interests therein sought to be acquired, and the c have failed to favorably respond to the offers of the amounts established by the ( Carlsbad as just compensation; and been provided with an opportunity to appear and be heard on the matters referrel California Code of Civil Procedure, Section 1240.030. 22 23 24 NOW THEREFORE, be it resolved that the City Council of Carlsbad fin( 25 determines, and hereby declares that 26 27 1. The public interest and necessity require the proposed project. 2. The proposed project is planned and located in a manner which will b 28 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 I I I I 0 0 compatible with the greatest public good and the least private injury. 3. The real property or interests therein, hereinafter described il Resolution, are necessary for the proposed project. 4. The proposed project is a matter of public necessity. 5. The use of all and each and every part of said hereinafter describe property or interests therein for the use and purposes of the proposed project is a use and a use authorized by law. 6. The public interest and necessity require that the property or in1 therein, hereinafter described in this Resolution, be taken. BE IT FURTHER RESOLVED by the City of Carlsbad that the firm of AS1 KEAGY (hereinafter "special counsel") be, and is authorized and empowered, and dj in the name of the City of Carlsbad to acquire by donation, purchase, or condem in accordance with the provisions of the Code of Civil Procedure of the State of Cal relating to eminent domain the hereinafter described interests in real property; To prepare and prosecute in the name of the City of Carlsbad such suit or s the proper court having jurisdiction thereof as are necessary to condemn, takl acquire said hereinafter described real property, or any part thereof, for the prc project. To make an application to said court for an order determining the am01 money to be deposited as security for the payment of the just compensation whic ' be made for the taking of the real property or any part thereof, or interests t ~ necessary for the proposed project and any damage incident thereto, and to ~ application to said court for an order permitting the City of Carlsbad to take imrr I 1 possession of and to use said real property and part thereof, or interest therein, I I // 0 9 to be condemned for the proposed project; 1 2 /I To make deposit for such security for such right of way out of proper funds 3 II the control of the City in the amount determined by the court in the manner direc 4 I/ the c0urt; 5 To incur on behalf of the City of Carlsbad all reasonable and necessary ex] 6 7 8 9 in the prosecution of suit or suits to condemn said real property. The real property referred to in this Resolution is situated in the City of Cal County of San Diego, State of California, and is more particularly described and dc 1o on Exhibit “A” attached hereto and incorporated herein by this reference. 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba 12 Council held on the 10th day of July , 1990 by the following vote, to wit: 13 14 15 16 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None 17 18 19 ATTEST: /-. KdL Vlayor L - Cwl\UDkd&I&?fI$ I ANN J. KULCHIN Mayor Pro-Tern 20 21 0 xd. 2. RO- ALETHA L. RAUTENKRANZ, City Clekk 22 (SEAL) 23 24 25 26 I! 27 11 28 e *5/15/90*EN128 I10 EXHIBIT IIAI1 300,10*sv 1A .. LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT Being a portion of the South half of the Southwest quarter of the Southwest quarter of Section 26, and the North 20 .acres of lot 1 in Section 35, 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, being more particularly described as follows: Commencing at the Northeast corner of the South half of the southwest quarter of the Southwest quarter of said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North .88055'37" West, 124.71 feet to the TRUE POINT OF BEGINNING: thence leaving said North line, South 10"54'4511 West, ,189.40 feet; thence South 11 "-17 r-384' West', - 2-1.8.8 1 feet ; thence South 17°57'491f East, 164.25 feet; thence South 29"54'11" East, 312.29 feet to a' point on the Easterly line of said .Lot 1; thence along said Easterly line South 00°30r191f West, 11-00 feet; thence leaving said Easterly line South 06"11'19's West, 202.55 feet; thence South 83"48'4lr1 East, 13.00 feet; thence - South 06"11'19tr West, 80.00 feet; thence North 83"48'4ltt West, 77.00 feet; thence North 27'O5'11lt East, 58.87 feet; thence South 83"48'41" East, -3,OO feet;' thence North 06"11'19tt East, 223.97 feet; thence North 29"54'11r1 West, 305.29 feet: thence North 17O57'49" West, 178.87 feet; thence North 11"17'3811 East, 227.88 feet; thence North 07"22'3111 East, 181.96 feet to a point on the North line of the South half of the Southwest quarter of the Southwest quarter of said Section 26; thence along said North line, South 88"55'37'* East, 52.00 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 1.145 acres of land more or less. This legal description was prepared by me or under my direction in conformance with the Land Surveyors 5-/5% L.S. 5894 a- m 5/02/90*EN128.10 300,10*sv 1B EXHIBIT "A" .. LEGAL DESCRIPTION SLOPE EASEMENTS Being a portion of the South half of the Southwest quarter of the Southwest quarter of Section. 26, and the North. 20. acres of lot 1 in Section 35, Township 12 South, Range 4 'West, San Bernardino Base and Meridian, in the City of Carlsbad, 'County of San Diego, State of Californi-a, according to Official Plat thereof, being more particularly described as follows: PARCEL 1B Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of. said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88°55'3711 West, 176.72 feet to the TRUE POINT OF BEGINNING; thence leaving said North line, South 07°22'311t West, 181.96 feet; thence North 03°21t4111 West, 181.40 feet to a point on the North line of said South half of the Southwest quarter of the- Southwest quarter of said Section 26; thence along said North line, South 88°55f3711 East, 34.00 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.07l.acres of -land more or less. PARCEL 1C Commencing at the Northeast corner of lot 1 of -said Section 35; thence along the East line of said lot 1, South 00"30'19f1 West, 461.84 feet; thence leaving said East line, North 83"48'41t1 West, 92.12 feet to the TRUE POINT OF BEGINNING; thence North 10°30'041t East, 54.00 feet; thence North 67°28'1111 West, 40.00 feet; thence North 00°30'19'1 East, 20.00 feet: thence North 76"29'50f' East, 46.63 feet; thence North 10"30'0411 East, 178.46 feet; thence South 89°29'4111 East, 3.00 feet: thence South 06°11'19t1 West, 223.97 feet; thence North 83°48'411t West, 3.00 feet; thence South 27"05'11" West, 58.87 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.101 acres of land more or less. .- 0 0 PARCEL 1D Commencing at the Northeast corner of lot 1 of said Section 35: thence along the East line of said lot 1, South OO"30'19" West, 177.89 feet: TRUE POINT OF BEGINNING: thence continuing along said East line, South OO"30'19" West, 283.95 feet;. thence leaving said East line, North 83"48'4111 West, 15.12 feet; thence North 06°11'19t1 East, 80.00 feet; thence North' 83"48'41" West, 13.00 feet: thence North 06°11'1911 East, 202.55 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.067 acres of land more or less. This legal description was prepared by me or under my direction in nd Surveyors 5-Z-9D Dare A. Davis - L.S. 5894 m 05/02/90*ENlx. 10 300,10*sv TC EXHIBIT "All LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS Being a portion of the South half of the Southwest quarter of the Southwest quarter of Section 26, and the North 20 acres of lot 1 in Section 35, 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, being-more particularly described as follows: PARCEL 1E Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88°55'37t1 West, 109.49 feet to the TRUE POINT OF BEGINNING; thence leaving said North-Xine, South 10°54'45f1 West, 192.05 feet; thence South 11"1783811 West, 214.94 feet; thence South 17"57'4911 East, 158.77 feet; thence South 29"54'1111 East, 285.17 feet to a point on the Easterly line of said Lot 1; thence along said Easterly line South 00"30'191f West, 29.63 feet; thence leaving said Easterly line North 29"54'11tf West, - 312.29 feet; thence North 17"57'491f West, 164.25 feet; thence North 11"17"38g~ East, 218.81 feet; thence North 10"54'451f East, 189.40 feet to a point on the North-line of said South half of the Southwest quarter of the Southwest quarter; thence along said North line, South 88"55'37" East, 15.22 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.299 acres of land more or less. PARCEL 1F Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 88"55/378t West, 210.72 feet to the TRUE POINT OF BEGINNING; thence leaving said North line, thence South 03"21'4111 East, 181.40 feet; thence South 11"17'38ti West, 227.88 feet; thence South 17"57'49" East, 153.87 feet to a point hereinafter referred to as Point OA"; thence South 66"04'001f West, 15.08 feet; thence North 17'57'49" West, 159.36 feet: thence North 11°17t381f East, 229.87 feet; thence North. O3"21'4lt1 West, 180.64 feet to a point on the- North line of said South half of the Southwest quarter of the Southwest quarter; thence along said North line, South 88°55t37*t East, 15.05 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.195 acres of land -,- e 0 more or less. PARCEL 1G Commencing at the hereinabove described Point lfA1f; thence South 17"57f49q1 East, 25.00 feet; thence South 29"54'1lV1 East, 150.00 feet to the TRUE POINT OF BEGINNING: thence South 29"54f13.11 East, 155.29 feet; thence North 89"29f41t1 West, 3.00 feet: thence South 10"30fG4g1 West, 178.46 feet; thence South 76°29f5011 West, 16.42 feet; thence North 10"30'04** East, 183.61 feet; thence North 29°54f111g West, 145.21 feet; thence North 60°05'491@ East, 15.00 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.114 acres of land more or less. PARCEL 1H Commencing at the Northeast corner of said lot 1 of Section 35; thence along the East line of said lot 1, South 00"30f191t West, 461.84 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line, South OO03Of 19" West, 15.07 feet; thence leaving said East line, North 83"48,4111 West, 83.61 feet: thence North O6"1lf19** East, 15.00 feet; thence South 83 048f4111 East, 82.12 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.029 acres of land more or less. This legal description was prepared by me or under my direction in e with the Land Surveyors 5-/5-90 Dale A. Davis L.S. 5894 I EXHBI T “B it e SHEET 1 OF 4 SHEETS ?PO6 63 sc4 LE: 1 *=zoo ’ b-4 W m X a a I d LDd mv IN m-4 a0 I-0 VZ PORTION OF THE OF SECTION 26 cra a +a a1 m s w, sw 114 , sw 114 a z a= JV E= ul- LZ 03 a ”“ H 3: LOT 1 W u SECTION 35 T12S. pmcEL 16. R4W, 56dM 4 -.... PMCEL 1H eEcEtrWet, MAY 16 1390 CITY OF CARLSBAD EVELOP. PROC SERV. DIV. L7ALE.A. DAVIS L.S.5894 L ICENSE EXPIRES f 2/31 192 PROJECT NAME: PROJECT NO. EXHIBIT MURPHY EASEMENT PLA T PR 2.3.3 7 PORTION Of THE s1/2, sw l/4 sw l/4 OF SECTIO~ 26 mm ES rwmr CoNsrRucTI EXHIEI T “B I’ SEE SHEET 2 SHEET 3 OF 4 SHEETS PORTION OF THE 5 1/2, SW 1/4, SW 1/4 OF SECTION 26 SCALE: 1 ‘=40 ’ ”” ” LOT 1 SECTION 35, T125, R4W S06M M W a I a a I 4 lnrl P7-T lnd IN co I-0 OZ a cra +a z 0 at a0 m= -10 cr- a GF U LLZ 03 > I- 0 H I SEE SHEET 4 I I I PROJECT NAME: EXHIBIT PROJECT NO. MUR?HY EASEMENT PLA T PRZ.3.3 7 J f mmr T 1~11 v ~~ ~~ ''x,.. CL EXISTING 60 ' WIDE STREET AND RIGHT OF WAY EASEMENT TO RANCHO LA COSTA PER DEED RECORED 4/22/76 AS FIL €/PA GE No. 76-120811 OF 0.R. X Y z ...' z Q - PROJECT NAME: EXHIBIT PROJECT NO. MURPHY EASEMENT PLA T PRZ.3.3 7