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Home My WebLink About1996-04-09; City Council; Resolution 96-1281 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 96-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZINGAND DIRECTINGTHECONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. WHEREAS, the City Council of the City of Carlsbad has previously adopted Rt No. 94-87 approving with conditions Tentative Map CT 92-02, and requiring the dew provide offsite road easements and construct offsite roads within said easements in cor with the development of its property known and designated as Sambi Seaside Height WHEREAS, the City of Carlsbad may exercise the right of eminent domair acquisition of real property interests therein for street and other purposes pursuant to ( Government Code Sections 37350, 37350.5 and 37353; and WHEREAS, the real property or interests therein sought to be acquired for the F project are located within the territorial limits of the City of Carlsbad; and WHEREAS, the real property or interests therein sought to be acquired are nece the proposed project; and WHEREAS, the City of Carlsbad has established the amounts which it believes i just compensation for the hereinafter described real property or interests therein soul acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carls offered to the owners of said real property or interests therein the full amount establish€ compensation for said real property or interest therein sought to be acquired; and WHEREAS, the City of Carlsbad has provided said owners of said real prc interests therein a written statement of and summary of the basis for the amount estab just compensation for the real property or interests therein sought to be acquired; an( Ill Ill 1 2 3 4 5 6 7 8 g 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4B 0 WHEREAS, a reasonable length of time has expired since the date of the off owners of the reall property or interests therein sought to be acquired, and the owners hi to favorably respond to the offers of the amounts established by the City of Carlsba compensation; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure 1245.235, the owners of the real property of the interest therein sought to be acquire names and addresses appear on the current equalized County Assessment Roll, have t: a Notice of Intention to Adopt a Condemnation Resolution, and have been providec opportunity to appear and be heard on the matters referred to in California Cod6 Procedure, Section 1240.030. NOW, THEREFORE, be it resolved that the City Council of Carlsbad finds and dei and hereby declares that: The public interest and necessity require the proposed project. The proposed project is planned and located in a manner which will be most co with the greatest public good and the least private injury. The real property or interests therein, hereinafter described in this Resolu' necessary for the proposed project, The proposed project is a matter of public necessity. The use of all and each every part of said hereinafter described real property or therein for the use and purposes of the proposed project is a public use and a use ai by law. The public interest and necessity require that the property or interests therein, he described in this Resolution, be taken. BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asaro Freeland 8t McKinley (hereinafter "special counsel") be, and is, authorized and empowe directed in the name of the City of Carlsbad to acquire by donation, purchase, or conde 1 2 3 4 5 6 7 8 g 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4B 0 in accordance wiih the provisions of the Code of Civil Procedure of the Sate of Californb 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 su proper court haviing jurisdiction thereof as are necessary to condemn, take, and acq 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 r be deposited as security for the payment of the just compensation which will be mad taking of the real property or any part thereof, or interests therein necessary for the F project and any damage incident thereto, and to make application to said court for permitting the City of Carlsbad to take immediate possession of and to use said real pror part thereof, or interest therein, sought to be condemned for the proposed project; The real property referred to in this Resolution is situated in the City of Carlsbad of San Diego, State of California, and is more particularly described in the parcel des1 attached hereto and marked Exhibit "A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 9th day of APRIL , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: &iz&kENKRANZ, City Clerk 1- (SEAL) 95-1017C 02/20/91 REVISED 11/29/9 m 0 CMWD 89-50 EXHIBIT "A" 30' WATER EASEMENT APN 214-140-42 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY 0 CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED A FOLLOWS : PARCEL D COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE, ALONG TH EAST LINE OF SAID SECTION 21 NORTH 00°33'30" EAST 493.39 FEET THENCE, SOUTH 66O26'15" WEST, 3.57 FEET TO THE TRUE POINT 0 BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE 0 FUTURE ALGA ROAD, THENCE CONTINUING SOUTH 66O26' 15" WEST, 38.9 FEET; THENCE SOUTH 21O26'15" WEST 23.78 FEET TO A POINT ON TH NORTHERLY LINE OF A 30 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICIPA WATER DISTRICT, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116511 I BOOK 7174, PAGE 308 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERL LINE OF SAID EASECMENT AND ALONG A NON-TANGENT 1096.23 FOOT RADIU CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS SOUT 24O56'14" EAST; THENCE, WESTERLY ALONG THE ARC OF SAID CURV THROUGH A CENTRAL ANGLE OF 02O19'22" A DISTANCE OF 44.44 FEET; TH RADIAL TO SAID POINT BEARS SOUTH 24O56'14" EAST; THENCE, NORT 21O26'15" EAST, 68.99 FEET; THENCE, NORTH 66O26'15" EAST 56.03 FEE TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA ROAC THENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA ROAI: AND ALONG A NON-TANGENT 1349 FOOT RADIUS CURVE CONCAVE TO TI! SOUTHWEST THE RPLDIAL TO SAID POINT BEARS SOUTH 74O53'10" WEST THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE C 00°23'30" A DISTANCE OF 9.22 FEET; THENCE SOUTH 14O43'20" EAS 21.13 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,810.4 SF = 0.065~ AC F : \WP\95- 10 17\LEGALS\WATER. 002 722Q Avenidf Encmas Cml Englnsanng 619-951-7700 Suw9mq Calsbcd. California 92009 Processing Fax 619-931-8680 REQUESTED BY- Crpl OF CARLSBAD 2075 LAS PALMAS DRM CARSBAD, CA 92009 PHONE (619) 438-1 161 m)w 30' WIDE WATER EASEMENT SHT 1 OF 2/*7dg C.M.W.D. 89-504 A.P N SHOW DATE DEC PATRlCl@f. O'DAY EXHIBIT "Er R.C.E. 27214 EXP. 3/31/97 95-1017C 02/20/91 REVISED 11/29/9 a 0 CMWD 89-50 EXHIBIT "A" 30' WATER EASEMENT APN 215-070-12 THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF TH SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAT DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL D COMMENCING AT THE SOUTHWEST CORNER OF SECTION 22, TOWNSHIP 1: SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE, NORTI 00°33'30" EAST 493.39 FEET; THENCE NORTH 66O26'15" EAST 99.65 FEE' TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERL' RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD, THENCE, ALONG SAID EASTERL' RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD NORTH 14O43'20" WEST, 5.27 FEET TO A POINT OF TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THE RADIAL TO SAID POINT BEARS SOUTH 75O16'40" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OE OOO59'22" A DISTANCE OF 25.06 FEET; THE RADIAL TO SAID POINT BEARS SOUTH 74O17'18" WEST; THENCE, NORTH 66O26'15" EAST 53.85 FEET; THENCE NORTH 68O33 ' 58" EAST 65.76 FEET TO A POINT ON THE NORTHERLI LINE OF A 30 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICIPAL WATEF DISTRICT, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116511 IN BOOE 7174, PAGE 308 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT SOUTH 66O26'15" WEST 42.43 FEET; THENCE, NORTL 68O33'58" WEST 23.34 FEET, THENCE SOUTH 66O26'15" WEST 45.87 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,830.75 SF = 0.0652 AC .- .. ?;*+e J -**.&: . . ?%\ .& [;2 i' E 1. No.27 4 F: \WP\95- 10 17\LEGALS\WATER. 00 1 L '?E OF chUT BOUNDARY LINE OF ING TO R.O.S. MAP NO. 9812 -EASEMENT LINE SECTION 22, T. ,12 S., R. 4 W., S.B.M. T.A.P. 215-070-12 MIST. 30’ C.M.W.C W. LINE PARCEL A C.M.W.D. 89-504 A.P.N. 3