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HomeMy WebLinkAbout2001-09-18; City Council; Resolution 2001-2863 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-286 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, AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the Carlsbad Planning Commission has previously adopted Resolution No. 4809, approving with conditions Site Development Plan No. 99-07, and requiring the developer to provide off-site road easements and construct off-site roads within said easements in conjunction with the development of its property known and designated as Ranch0 La Costa Village; and WHEREAS, the developer has agreed that acquisition of property and improvements of La Costa Avenue and Ranch0 Santa Fe Road is essential to provide needed public facilities and to mitigate burdens on existing public facilities; and WHEREAS, the City of Carlsbad may exercise. the right of eminent domain for the acquisition of real property or interests therein for street and other purposes pursuant to California Streets and Highways Code Section 4090 and California Government Code Sections 37350 and 37350.5; and 37353; and WHEREAS, the real property or interest therein sought to be acquired for the proposed 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 necessary for the proposed project; and WHEREAS, the City of Carlsbad has established the amounts which it believes to be the just compensation 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 offered to the owners of said real property or interests therein the full amount established as just compensation for said real property or interest therein sought to be acquired; and Ill Ill 1 WHEREAS, the City of Carlsbad, California, has provided said owners of said real 2 property or interests therein a written statement of and summary of the basis for the amount 3 established as just compensation for the real property or interests sought to be acquired; and 4 WHEREAS, a reasonable length of time has expired since the date of the offer to the 5 owners of the real property or interests therein sought to be acquired, and the owners have failed 6 to favorably respond to the offers of the amounts established by the City of Carlsbad as just 7 compensation; and 8 WHEREAS, pursuant to the provisions of California Code of Civil Procedure, 9 Section 1245.235, the owners of the real property of the interest therein sought to be acquired 10 whose names and addresses appear on the current equalized County Assessment Roll, have 11 been sent a Notice of Intention to Adopt a Condemnation Resolution, and have been provided 12 with an opportunity to appear and be heard on the matters referred to in California Code of 13 Civil Procedure, Section 1240.030. I4 NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, finds and 15 determines, and hereby declares that: 16 1. The public interest and necessity require the proposed project. 17 2. The proposed project is planned and located in a manner which will be most ‘8 compatible with the greatest public good and the least private injury. 19 3. The real property or interests therein, hereinafter described in this Resolution, are 20 necessary for the proposed project. 21 4. The proposed project is a matter of public necessity. 22 5. The use of all and each and every part of said hereinafter described real property or 23 interests therein for the use and purposes of the proposed project is a public use and a use 24 authorized by law. 25 6. The public interest and necessity require that the real property or interests therein, 26 hereinafter described in this Resolution, be taken. 27 I// 28 Ill 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 7. The City of Carlsbad has complied with the requirements of Government Code section 7267.2(a) in that an offer has been made to the record owners of the property sought to be acquired for the established amount it believes to be the just compensation therefor. 8. To the extent applicable, the acquisition of the property rights sought is for a compatible public use pursuant to Code of Civil Procedure section 1240.510. 9. To the extent applicable, the acquisition of the property rights sought is for a more necessary public use pursuant to Code of Civil Procedure section 1240.610. BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Daly & Heft, (hereinafter ‘special counsel’) be, and is, authorized and 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 proposed 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 of and to use said real property and part thereof, or interest therein, sought to be condemned for the proposed project; Ill Ill Ill Ill Ill Ill Ill 1 The real property referred to in this Resolution is situated in the City of Carlsbad, 2 County of San Diego, State of California, and is more particularly described in the parcel 3 descriptions attached hereto and marked ‘A”. 14 (SEAL) 15 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 6 , 2001 by the following vote, to wit: 7 Council Members L Kulchin, Finnila, and Hall. 8 9 10 16 18 23 24 25 26 27 28 EXHIBIT "A" PR 01-23 PARCEL "A" LEGAL DESCRIPTION STREET DEDICATION A.P.N. 223-170-33 THAT PORTION OF LOT 249, MAP NO. 7457, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTHERLY END OF A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 51°09'57" WEST, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF- WAY LINE OF RANCH0 SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'03", 31.42 FEET TO A POINT AT THE BEGINNING OF A REVERSE 842.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 38°50'OO" EAST, SAID POINT BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 7457; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 16'50'29", 247.50 FEET TO A POINT AT THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 55'40'29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'40'29", 30.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT- OF-WAY LINE OF LEVANTE DRIVE AS SHOWN ON SAID MAP NO. 7457; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 59°00'O0 WEST, 6.01 FEET TO A POINT OF CUSP AT THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 31°00'OO" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'41'52", 30.26 FEET TO A POINT AT THE BEGINNING OF A REVERSE 848.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 55'41'52" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16O32'11", 244.75 FEET TO A POINT AT THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS SOUTH 39'09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8.9'40'22", 39.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RANCH0 SANTA FE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 38'50'03" EAST, 10.99 FEET TO THE POINT OF BEGINNING. (CONTAINS 0.041 ACRES, MORE OR LESS) A &%u- 4-N-d STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 PAGE 1 OF 1 111-00-01 04/11/1001 Pt\AEMIN\l2l\ld484.doc 1 SHEET 1 OF 1 ;=;g#Y L=31:42’ ~=$w;p’ L==30:26’ 03" A=860 4;1* 52” 50 25 c3 pp, = . SCALE JN FEET A=89°4p'22" c4 ;=;p, = . INDICATES SLOPE EASEMENT INDICATES STREET DEDlCATlON INDICATES ACCESS RIGHTS u RELINQUISHED AND WAIVED STUART ENGINEERING STUART ENGINEERING = FAX (619) 296 7525 METROPOLITAN DRM STE. 308 SAN DIEGO, CA 92108 (619) .296-1010 FAX (619) 296-9276 EMAIL: stuart@ketworld.net DEDICATION PLAT - CITY OF CARLSBAD LINE TABLE NO. BEARING LENGTH :: N79O 18’ 16” W 15.85’ N29O 11’52” W 53.52’ L3 N33O 25’ 19’ W 30.22’ L4 N31O37.31” W 43.27’ APPLICANT: IANCHO LA COSTA WAGE, UC :/O SIMAC CONSTRUCTION PROJECT: APN.: 223-l 70-33 , STREET DEDlCATlON AND SLOPE EASEMENT PR 01-23 5936 BERNARD0 ENTER DRIK iAN MEGO, CA 92127 STUART PEACE, RCE 27232 858) 6769880 EXPIRES: 3/31/05 EXHIBIT “E$$ EXHIBIT "A" PR 01-62 PARCEL ‘B" LEGAL DESCRIPTION SLOPE EASEMENT A.P.N. 223-170-33 THAT PORTION OF LOT 249, MAP NO. 7457, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTHERLY END OF A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RANCH0 SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 38'50'03" WEST, 10.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 46'23'33" WEST, 98.16 FEET; THENCE NORTH 46'33'03" WEST, 59.80 FEET; THENCE NORTH 31'37'31" WEST, 43.27 FEET; THENCE NORTH 33'25'19" WEST, 30.22 FEET; THENCE NORTH 29'11'52" WEST, 53.52 FEET; THENCE' NORTH 79'18'16" WEST, 15.58 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LEVANTE DRIVE AS SHOWN ON SAID MAP NO. 7457, SAID POINT BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 31°00'OO" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'41'52", 30.26 FEET FEET TO A POINT AT THE BEGINNING OF A REVERSE 848.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 55'41'52'# EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTAL ANGLE OF 16'32'11", 244.75 FEET TO A POINT AT THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS SOUTH 39'09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'40'22", 39.13 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.1172 ACRES, MORE OR LESS) &P &t&L 4-//-d STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 PAGE ' OF' 121-00-01 04/11/2001 P~\ADMIN\l2l\ld484.doc SHEET 1 OF 1 4 i % \ k \ s 0 P CaE; 4 u\\. 9C tr( 'a'( w 0-L t 0 " CA 92 I I I F c) ’ 0 I v) s I ‘b I A 2 C I m lV= 50' ~~86043'52~ 50 25 0 c3 Fyg.g, = . A=89O4p'22" c4 pp, = . INDICATES SLOPE EASEMENT INDICATES STREET DEDICATION INDICATES ACCESS RIGHTS u RELINQUISHED AND WAIVED STUART ENGINEERING 7525 METROPOLITAN DR/M: STE 308 CAM n'ccn PA ~?-'8 (619) 296-1010 ‘6 &iAjL: stuart@networldnet - unr. “r&u”, “” GfL I, FAX (619) 296-927 DEDICATIC IN PLiT - CITY OF CARLSBAD . . PROJECT: APN.: 223-l 70-33 STREET DEDlCAllON AND ,# 1 =e&+q’ SLOPE EASEMENT ~~-01-62 r STUl 4RT PEACE, RCE 27232 ,LN Es: 3/31/05 CMI EXHIBIT “Blq 4PPLICANT: WCHO IA COSTA MLlAGE, UC /O SIMAC CONSTRUCTION i938 BERNARD0 CENlEf4 DRM W DIEGO, CA 92127 co\ CT. fiepn (5e-w3r7- 4 City of Carlsbad July 30, 2001 CERTIFIED MAIL Fah S. Liew Polly Liew 9889 Blackgold Road La Jolla, CA 92037 APPRAISAL PARCEL ORDER NO. 125871520 (SDP 99-07, RANCH0 LA COSTA VILLAGE) Dear Property Owners: The staff of the City of Carlsbad is proposing to recommend to the Carlsbad City Council the acquisition of the above Parcel for the project, the widening and improvement of La Costa Avenue and Ranch0 Santa Fe Road. Our preliminary title report shows you to be the Owner of property located adjacent to La Costa Avenue and Ranch0 Santa Fe Road. The property is within the project area; and is also identified by the County Assessor as Parcel No. 223-170-33. A legal description of the Parcel under consideration for acquisition is attached to the enclosed Offer, and the proposed Grant Deed and is referred to herein as “the Parcel.” While staff proposes to recommend the acquisition of the Parcel to the City Council of the City of Carlsbad for this project, no decision to acquire can be made until the City Council formally acts to approve this acquisition. Nothing in this letter is meant to pre-commit the City Council or otherwise limit the options available to the City Council. Consequently this offer, if accepted, and the acquisition of the Parcel is conditional upon and requires the approval of the City Council. It is our sincere desire that the Parcel can be acquired amicably, expeditiously, and by negotiation given the approval of the City Council. To this end, California Government Code section 7267.2(a) provides that prior to initiating negotiations for the acquisition of the real property that the City Council shall: 0 Make an offer to the Owner of record to acquire the property for the full amount that the public entity has established as just compensation; 0 Which offer is not less than the public entity’s appraisal of the fair market value of the property; and 0 Provide the Owner with a written statement of, and summary of the basis for, the amount the City Council established as just compensation. The purpose of this letter is to convey the attached offer and written statement of the basis for the amount that the City of Carlsbad established as just compensation so that the City of Carlsbad may initiate negotiations regarding the proposed acquisition of the Parcel. , / 1635 Faraday Avenue - Carlsbad, CA 92008-7314 l (760) 602-2720 l FAX (760) 602-8562 July 30, 2001 APPRAISAL PARCEL ORDER NO. 1258715-20 (SDP 99-97, RANCH0 LA COSTA VILLAGE) Page 2 Government Code section 7267.1 provides that a public entity shall make every reasonable effort to acquire expeditiously real property by negotiation rather than by litigation in the form of an eminent domain action. Please consider this offer as being made in the spirit of avoiding of litigation, and not as an admission of value. Enclosed herewith is the proposed offer and written statement of and summary of the basis for the amount established as just compensation, together with a proposed grant deed and contract of acquisition which you will be asked to sign if you accept this offer. After you have an opportunity to consider the offer and the terms of the contract of acquisition, please contact me to discuss the acquisition. Should you have any questions, do not hesitate to contact our Consultant Project Engineer, Doug Helming, at (760) 431-5999 or Skip Hammann at (760) 602-2782. Enclosures c: Skip Hammann, Senior Civil Engineer Doug Helming, Consultant Project Engineer SUMMARY STATEMENT ACCOMPANYING GOVT. CODE 5 7267.2(a) OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF RJZAL PROPERTY OR AN INTEREST THEREIN The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City of Carlsbad purchases real property or an interest therein, or each tenant owning improvements on said property, be provided the following information which may or may not be applicable to your property and this proposed acquisition. 1. 2. 3. 4. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. The City of Carlsbad will offer to purchase any remnant(s) considered by the City of Carlsbad to be an uneconomic unit(s) which istare) owned by you or, if applicable, occupied by you as a tenant and which istare) contiguous to the land being conveyed. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned .by the grantor(s) herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest acquired is fee simple. The property being purchased comprises 0.041 acres and is described in the attached Deed and outlined in color on the attached map. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Statement of and Summary of the Basis for the Amount Established as Just Compensation and such amount: a. Represents the full amount that the City of Carlsbad established as the amount which it believes to be just compensation; b. Is no less than the full amount of the public entity's approved appraisal of fair market value for the property to be purchased; 1 C. Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or the likelihood that the'property would be acquired for such public improvement, other than due to physical deterioration within the reasonable control of the Owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the Owner is entitled to receive under an agreement with the City of Carlsbad. If you ultimately elect to reject the offer of the City of Carlsbad for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. DATED: /S (title) 2 GOVT. CODE 57267.2(a) OFFER TO PURCHASE Pursuant to Govt. Code S57267.1 and 7267.2(a) The City of Carlsbad is proposing to construct road widening and improvements at La Costa Avenue and Ranch0 Santa Fe Road. The City of Carlsbad has obtained a preliminary title report which shows Fah S. Liew and Polly Liew to be the vested Owners of property within the project area. A description of the parcel (the Parcel) is attached hereto (Appendix 1) along with a map of said Parcel (Appendix 2). The City of Carlsbad proposes to acquire for the project all rights in the Parcel in fee simple absolute. The City of Carlsbad has established that the amount it believes to be just compensation for the parcel to be $9,500. The City of Carlsbad offers to pay as compensation for the acquisition of Parcel the sum of $9,500. This offer is conditional upon the Carlsbad City Council ratifying the offer by formal action of City Council taken at a regular public meeting authorizing the execution of a Contract of Acquisition or adopting a Resolution of Necessity, or both. If this offer is accepted and the City Council ratifies this offer, then Owners agree to execute and be bound by the terms and conditions of the accompanying contract of acquisition and execute the accompanying grant deed and conditionally deliver it to the City of Carlsbad for deposit in escrow. When property is sold to the City of Carlsbad, there is the same obligation as in a private transaction for the Owners to pay in escrow the amounts needed to remove liens and encumbrances. In the event that you decide to accept the offer, it is recommended that you contact directly the persons, if any, to whom you may be making payments under trust deeds or other liens, and reach an agreement with them as to the amount of money they will demand, if anyI in escrow to clear the property being acquired of these liens and encumbrances. In the event that there are liens and encumbrances, the Owners shall either: a Pay to Owners of liens and encumbrances, out of the approved compensation paid by the City of Carlsbad, the amount needed to terminate leases or cancel trust deeds, mortgages, or other liens affecting the property acquired, or 1 l Arrange for holders of leases, trust deeds, mortgages, or other liens to quitclaim their interest, if any, to the Parcel being acquired. Similarly, when an Owners sells his/her property to the City of Carlsbad, the Owners' obligation to pay current and past due property taxes is the same as if the Owners were selling to a private individual. However, you, as Owners, will not be required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period after the passage of title or possession to the City of Carlsbad. If you have any questions in regard to this offer, please, contact 760- - . 2 STATEMENT OF THE AMOUNT ESTABLISHED AS JUST COMPENSATION The amount the City of Carlsbad has established as just compensation is: Just compensation of the property proposed to be acquired: $9,500. Just compensation for damages, if any, to the remaining property: $0. Attached hereto is a Summary of the Basis for the Appraisal (prepared pursuant to California Code of Civil Procedure section §1255.010), which appraisal was used by the City of Carlsbad to determine the amount it established as just compensation. /S (title) APPRAISAL SUMMARY STATEMENT Owner: Assessor's Parcel No.: Zone: Present use: Highest & Best Use: Date acquired: Total property area: Property considered for acquisition: Access rights acquired: Fah S. Liew and Polly Liew 223-170-33 Multi-Residential Vacant Hold for Future Development March 2, 1998 4.56 Acres Part None Basis of Appraisal. The market value for the property to be acquired is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized, as appropriate. Full consideration is given to zoning, development potential, and the income the property is capable of producing. 1 Market Value of Required Property $9,350 Amount of Damages to the Remaining Property due to the proposed acquisition '$ -O- Just Compensation for Acquisition $9,500 (rounded) Basic Property Data Interest Valued: Fee Simple Area to be Acquired: 0.041 Acres Date of Valuation: October 11, 2000 Highest and Best Use: Hold for Future Development Applicable Zoning: Residential Current Use: Vacant The market approach is based on the consideration of comparable sales which sold within a reasonable time at a value range of $915,000 to $3,900,000. This summary of the basis of the amount offered as just compensation is presented in compliance with state law and has been derived from a formal appraisal which includes supporting sales data and other documentation. DATED: 2 CONTRACT OF ACQUISITION Govt. Code S57267.1 and 7267.2(a) Acquisition of Property by Negotiation FAH S. LIEW and POLLY LIEW, (hereinafter collectively referred to as grantor) has conditionally delivered to the City of Carlsbad an executed Grant Deed conveying the property described therein (hereinafter referred to as the Parcel) to the City of Carlsbad (hereinafter referred to as Grantee). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. A. Grantee requires the Parcel, a property not now appropriated to a public use, for the construction of a public improvement described as the widening and improvement of La Costa Avenue and Ranch0 Santa Fe Road, a public use. B. Because Grantee may exercise the power of eminent domain to acquire, Grantor is compelled to sell; and because Grantee requires the property for the Public project, Grantee is compelled to buy. As such the acquisition of the Parcel is an involuntary conversion of the Parcel from private to public use. C. Both Grantor and Grantee recognize the expense, time, effort, and risk to both Grantor and Grantee in resolving a dispute over compensation for the Parcel by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. D. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said Grant Deed and shall relieve Grantee of all further obligation or claims of whatever kind or nature on this account, or on account of the construction of the proposed public improvement in the manner proposed, including, but not limited to, claims arising out of its location, grade, or restriction of private access rights. Grantor acknowledges that Grantee has informed Grantor as to the plans for the construction of the proposed public improvement in the manner proposed. 2. Grantee shall: A. Open an escrow and provide escrow instructions to the escrow holder to carry out the terms of this Agreement. Grantee shall pay all escrow and recording fees incurred in this transaction. Grantee shall deposit said conditionally delivered Grant Deed together with the sum provided in paragraph 2.B. into the escrow. The escrow holder shall be authorized and Grantor shall be entitled to the disbursement of the sum deposited in said escrow less any amounts payable to any other person having an interest in the Parcel when the Parcel is free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except those taxes and assessments listed as exceptions in Paragraph 2.B. or when Grantee otherwise consents to title vesting Grantee. Grantor shall not be entitled to receive any of said net payment and the escrow holder shall not be authorized to disburse said proceeds until: (1) All holders of liens and encumbrances on the Parcel have received full payment for all principal and interest due to them or have consented to payment to the Grantor and have executed reconveyance of their interest in the Parcel; (2) All other parties having interest in have received payment therefor or have consented to a payment to Grantor; and (3) The City of Carlsbad has acknowledged in writing that it concurs that all other parties having interest in the Parcel have received full payment or have consented to disbursement to Grantor. The escrow holder shall be authorized to deliver unconditionally said Grant Deed to Grantee either when the Parcel is free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except those taxes and assessments listed as exceptions in Paragraph 2.B. herein or when grantee otherwise consents to title vesting Grantee. The escrow shall remain open until either a) all of the conditions of said escrow have been met, or b) in the event that a dispute arises during the course of the escrow, then until either a settlement has been reached or this agreement is terminated or a final order of condemnation under §1268.030 of the California Code of Civil Procedure is entered by the Court. Any sum disbursed to Grantor from this escrow shall be deducted 2 from the ultimate amount received by Grantor as a result of any settlement, award, or verdict of just compensation for the Parcel. B. Pay the undersigned Grantor the sum of $9,500 for the property or interest conveyed by said Grant Deed when title to said property vests in the City of Carlsbad free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: 1) Taxes for the tax year in which the escrow closes shall be cleared and paid in the manner required by §5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 2) Covenants, conditions, restrictions and reservations of record, or contained in said Grant Deed. 3) Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. C. Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by Grantee, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax. D. Have the authority to instruct the escrow holder to deduct and pay from the amount shown in Paragraph 2.B. above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non- delinquent assessments which have become a lien at the close of escrow. E. Shall have the irrevocable right to take possession of the Parcel 15 days after the deposit of the sum provided in Paragraph 2.B. into escrow. 3. While Grantor and Grantee anticipate that escrow will close as provided herein, in the event that a dispute arises during the course of said escrow between Grantor, Grantee and/or the escrow holder, or between Grantor and any third-party claimant to any or all of the proceeds of said escrow, and it becomes necessary for Grantee to file a condemnation action then: 3 A. Grantee shall remain in possession and the compensation provided for in this agreement shall draw interest as prescribed at the apportionment rate calculated by the Controller as the rate of earning by the Surplus Money Investment Fund for each six-month period. Grantor shall be entitled to receive interest on the sum received as compensation pursuant to this agreement for Grantor's interest in the Parcel beginning at the date of possession provided for in Paragraph 2.E. herein. B. Grantor waives all claims and defenses challenging Grantee's right to acquire the parcel by eminent domain in the event that Grantee files any subsequent eminent domain proceeding, and agrees that the City of Carlsbad has the right to acquire the Parcel by eminent domain and that the public interest and necessity require the project; the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; the Property is necessary for the project; and an offer in an amount no less than the full amount of the City of Carlsbad's approved appraisal was made to Grantor. Grantor agrees that the total amount of compensation that shall be awarded is the sum provided in Paragraph 2 plus interest as provided in paragraph 3-A. herein. IN WITNESS WHEREOF, the Parties have executed this agreement on California. I 2001, at I Grantor Grantee No obligations other than those set forth herein will be recognized.