HomeMy WebLinkAbout2002-10-15; City Council; Resolution 2002-3061
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
26
ENI 16 tr 3
RESOLUTION NO. 2002-306
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
CANNON ROAD EXTENSION PROJECT AND DECLARING THE
PUBLIC NECESSITY THEREOF.
WHEREAS, the City of Carlsbad, County of San Diego, State of California, proposes to
:onstruct the extension of Cannon Road easterly fom El Camino Real, hereinafter referred to as
the Project"; and,
WHEREAS, the Project requires the acquisition of certain real property and real property
nterests, including, but not limited to, road right-of-way, drainage easements, temporary
:onstruction easements and access easements; and,
WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the
lcquisition of real property or interests therein for street and other purposes pursuant to California
jovernment Code Sections 37350 and 37350.5; and 37353; and,
WHEREAS, the real property or interest therein sought to be acquired for the Project are
ocated within the territorial limits of the City of Carlsbad; and
WHEREAS, the real property or interests therein sought to be acquired are necessary for
he Project; and
WHEREAS, the plans for the Project are on file with the City Engineer of the City of
:arkbad, California; and,
WHEREAS, the Project is planned and located in a manner which will be most compatible
vith the greatest public good and the least private injury; and,
WHEREAS, the City of Carlsbad has established the amounts which it believes to be just
:ompensation for the hereinafter described real property or interests therein sought to be
acquired; and,
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has
Iffered to the owner of said real property or interests therein the full amount established as just
:ompensation for said real property or interest therein sought to be acquired; and,
b
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
2a
WHEREAS, the City of Carlsbad, California, has provided said owner of said real property
. interests therein a written statement of and summary of the basis for the amount established as
just compensation for the real property or interests sought to be acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offer to the
owner of the real property or interests therein sought to be acquired, and the owner has failed to
favorably respond to the offer of the amount established by the City of Carlsbad as just
compensation; and,
WHEREAS, some or portions of the property and interests therein hereinafter described
are being acquired as a "remnant" pursuant to California Code of Civil Procedure Section
1240.410; and,
WHEREAS, some or portions of the property and interests therein hereinafter described is
being acquired for a compatible joint use pursuant to California Code of Civil Procedure Section
1240.510; and,
WHEREAS, the property and interest therein hereinafter described is being acquired for a
more necessary public use pursuant to California Code of Civil Procedure Section 1240.610; and,
WHEREAS, on January 2, 2002, pursuant to Planning Commission Resolution No. 5117,
the Planning Commission of the City of Carlsbad, pursuant to the provisions of the California
Government Code, Section 65402, found that the proposed location, purpose and extent of the
project is consistent with the City of Carlsbad General Plan; and,
WHEREAS, on January 15, 2002, pursuant to California Public Resource Code, Section
21000 and following, the City Council of the City of Carlsbad, California, certified EIR 98-02 for the
project; and,
WHEREAS, pursuant to the provisions of California Code of Civil Procedure,
Section 1245.235, the owner of the real property of the interest therein sought to be acquired
whose names and addresses appear on the current equalized County Assessment Roll, have
been sent a Notice of Intention to Adopt a Condemnation Resolution, and have been provided
with an opportunity to appear and be heard on the matters referred to in the California Code of
Civil Procedure, Section 1240.030.
Page 2 of 4
Resolution NO. 2002-306 3
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
22
24
25
2E
27
72
NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, California, which
ids. determines and hereby declares that:
1.
2.
3.
4.
5.
6.
7.
The above recitations are true.
The public interest and necessity require the proposed project.
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.
The real property or interests therein, hereinafter described in this Resolution, are
necessary for the proposed project.
The proposed project is a matter of public necessity.
The use of all and each and every part of said hereinafter described real property or
interests therein for the use and purposes of the proposed project is a public use and
a use authorized by law.
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 the City Council of Carlsbad, California, that:
1.
2.
3.
The law firm of Asaro, Keagy, Freeland & 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 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
Page 3 of 4
Resolution No. 2002-306
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
of and to use said real property and part thereof, or interest therein, sought to be
condemned for the Project.
4. The real property and interest therein referred to in this Resolution is situated in the
City of Carlsbad, County of San Diego, State of California, and is more particularly
described in the three parcel descriptions attached hereto and each one marked
Exhibit “A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of OCTOBER , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Hall
11 ATTEST
4
SEPTEMBER 20, 2002
J.N.: 981020
PAGE 1 OF 1
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
A PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE CE 01-
56, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865066, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3, A
POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF EL CAMINO REAL
AND SHOWN ON SAID CERTIFICATE OF COMPLIANCE AS POINT 83,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG
16.78 FEET; THENCE SOUTH 82"48'22" EAST 12.17 FEET; THENCE
NORTH 23'31'32'' EAST 109.80 FEET; THENCE NORTH 25O38' 31"
EAST 100.08 FEET; THENCE NORTH 29O07'38" EAST 77.37 FEET;
THENCE NORTH 31°48'12" EAST 60.19 FEET; THENCE NORTH
42°27'17" EAST 23.56 FEET; THENCE NORTH 37"46'23" EAST
139.56 FEET; THENCE NORTH 24'02'16'' EAST 40.09 FEET; THENCE
NORTH 46O32'58" EAST 205.27 FEET; THENCE LEAVING SAID
POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL 3; THENCE
THE NORTHERLY BOUNDARY OF SAID PARCEL 3 NORTH 32O44'07" EAST
NORTHERLY BOUNDARY SOUTH 25'09' 03" EAST 249.22 FEET TO A
ALONG SAID SOUTHERLY BOUNDARY SOUTH 39"37'39" WEST 339.77
FEET; THENCE SOUTH 30"38'52" WEST 266.73 FEET; THENCE NORTH
66"42' 10" WEST 13.53 FEET; THENCE SOUTH 23'17'50'' WEST 18.00
FEET TO THE BEGINNING OF A NON-TANGENT 6855.31-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO WHICH BEARS
SOUTH 23°17'50" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 2"10'51" AN ARC
DISTANCE OF 260. 93 FEET TO THE POINT OF BEG
W:\MSOt't~ICE\WINWORD\981020\ROW Rcquisltion.lgl.doc
CONSULT @??- NTS
BASIS OF B€ARlNGS
EASmY ,!WE bc PAM 3
EEZNG S 07525- E
LEGAL DESCRIPl7ON
PMtZ 3 WAN 01-13 PER ff 01-56
760-9~9-7700 .%x: 760-9J1-m ...-Is.- t AWWW mr - ~rr OF MSBO DATE: SEPT. 2002
APPLICAN'T: / EXHIBIT "8" SHEET 1 OF 3 SHEETS
YLAERA hXLSL! LLC APPROVED BY A.P.N. l~nay~~ an: CA grgso 819) s-3673 RCE 27Z4 ECP.3/3f/ii RCE 23889 €XI? 12/3f/05
LLOYD B. HUB ME
G~\JOBS\011014\0114Z40.DWG 9-23-2002 74016 am EST XREFS: 01 14MAP
APPLICANT: 1
3 NAl7OV.. OX CA 9f9S
(619) 336-3673
AcoLusmdv PLAT - CIW 01c owLsB4D A.P.N.
3. EXHIBIT "B" G;\JOBS\O11014\0114240.DWG 9-23-2002 7:4016 om EST
XREFS: 01 I4MAP \z
BOUNDARY DA TA
SEPTEMBER 20, 2002
J.N. : 981020
PAGE 1 OF 1
EXHIBIT A
DRAINAGE EASEMENT
A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE CE 01-
55, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS :
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2, A
POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF EL CAMINO REAL
AND SHOWN ON SAID CERTIFICATE OF COMPLIANCE AS POINT 83;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 NORTH
32'44'07'' EAST 16.78 FEET; THENCE SOUTH 82O48'22" EAST 72.17
FEET; THENCE NORTH 23'31'32'' EAST 27.46 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY
NORTH 76'12' 43" WEST 18.24 FEET; THENCE NORTH 13°47'17" EAST
41.00 FEET; THENCE SOUTH 76O12'43" EAST 25.28 FEET TO A
POINT ON SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID BOUNDARY
SOUTH 23"31'32" WEST 41.60 FEET TO THE TRUE POINT OF
BEGINNING.
W:\MSOFFICE\WINWORD\981020\Drainage EaSement.lgl.doc
BASIS Of BEARINGS
EASKipL Y IINE W PAR&! 3
EWG S 07525" E
LEGAL DESCRIP77ON
PARcn 2 br ADJ 01-13 PER E 01-55
I I SCALE 1 = 200'
""M
o.F.br&;, CONSULT NTS
I APPLICANT:
lmiw
LOT LINE
I SHEET 2 OF 3 SHEETS
MOKIUIN CWFMIES
NAnONAL We CA 91950 E4mm PLAT - ow OF G4RLSB4D
(619) 336-3673
A.P.N.
EXHIBIT "E"
G~\JOBS\011014\0114Z40.DWG 9-20-2002 9:09:06 om EST
XREFS: 01 14MAP \b
BOUNDARY DA TA
OCTOBER 1, 2002
J.N. : 981020
PAGE 1 OF 1
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT FOR THE PURPOSE OF CANNON
ROAD, SLOPES FOR CANNON ROAD, DRAINAGE FACILITIES, THE
ACCESS TO THE PARKWAY NURSERY AND THE ROBERTSON RANCH
HOUSE. SAID EASEMENT WILL BE RELINQUISHED TWO (2) YEARS
AFTER THE COMPLETION OF THE IMPROVEMENTS OF CANNON ROAD OR
AUGUST 12, 2006, WHICHEVER IS LATER.
THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE CE
01-55, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865065,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2, A
POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF EL CAMINO REAL
AND SHOWN ON SAID CERTIFICATE OF COMPLIANCE AS POINT 83;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 2 NORTH
32'44'07" EAST 16.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID BOUNDARY NORTH 07'13'00" EAST 5.00 FEET;
THENCE SOUTH 82'48'22" EAST 68.42 FEET; THENCE NORTH
23'31'32'' EAST 106.15 FEET; THENCE NORTH 25'38'31'' EAST
100.33 FEET; THENCE NORTH 29'07'38'' EAST 77.64 FEET; THENCE
NORTH 31'48'12'' EAST 35.85 FEET; THENCE NORTH 52'59'29'' WEST
69.98 FEET; THENCE SOUTH 71°41'18" EAST 35.00 FEET; THENCE
NORTH 70'32' 13" EAST 31.50 FEET; THENCE NORTH 20°28'42" EAST
62.00 FEET; THENCE NORTH 31'32'25" EAST 63.50 FEET; THENCE
NORTH 08'33'59'' EAST 120.00 FEET; THENCE NORTH 43'51'27"
EAST 86.50 FEET; THENCE SOUTH 87'29'45" EAST 99.00 FEET;
THENCE SOUTH 42'30'23'' EAST 36.11 FEET TO A POINT ON SAID
SOUTHERLY BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH
46'32'58'' WEST 176.60 FEET; THENCE SOUTH 24O02'16" WEST
40.09 FEET; THENCE SOUTH 37'46'23'' WEST 139.56 FEET; THENCE
SOUTH 42'27'17" WEST 23.56 FEET; THENCE SOUTH 31'48'12" WEST
60.19 FEET; THENCE SOUTH 29°07'38" WEST 71.37 FEET; THENCE
SOUTH 25'38'31'' WEST 100.08 FEET; THENCE SOUTH 23'31'32''
WEST 109.80 FEET; THENCE NORTH 82'48'22'' WEST 72.17 FEET TO
THE TRUE POINT OF BEGINNING.
W:\MSOFFICE\WINWORD\981020\Temp Construct. EaSement.1gl.doc
I
BASIS Of BEARINGS
EASE??.. Y UWE W PARca 3
WNG S 075'25" E
LEGAL D€SCRIPJ7ON
PARdl 2 bF AN 01-13 Pm E 01-55
5- -9
I APPLICANT: I SHEET 2 OF 3 SHEETS
BOUNDARY DA TA