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Home My WebLink About1970-10-16; City Council; 190; La Costa Mobile HomesTHE CITY O F CARLSBAD,CALIF' ORNIA Agenda Bill No. Referred To: Date: June 16, 1970 Subject: La Costa Mobile Homes -" Request for Condemnation Assistance Submitted By: Engineering-Planning Statement of the. Matter (See attached discussion) Exhibit -* 1. Copy of letter from Leem E. Campbell dated 6/10/70, 2. Sketch showing location of proposed condemnation. Staff Recommendations approving , Adopt a motion laying the request to condemn a portion of future Las Encinas Road as requested by Leon E. Campbell and directing the staff to take appropriate action. B AB No. Date :June 11, 1970 City Manager's Recommendation I have no recommendation on this matter. I would suggest that it be left to the Council solely on the basis of a policy matter. Council Action 6-16-70 It was agreed that the request for condemnation assistance of the LaCosta Mobile Homes be approved and that the necessary documents be prepared in order to proceed with the condemnation. -2- June 16, 1970 SUBJECT: La Costa Mobile Homes - Request for Condemnation Assistance DISCUSSION: The owners of the La Costa Mobile Homes property have requested the City to condemn the section of proposed Las Encinas Road across the property owned by Paul Ecke. The Road is required for access to the presently landlocked Mobile Home property. Construction of the road is a condition of the Conditional Use Permit authorizing the Mobile Home Park. The specific action requested is outlined in Exhibit "1". A sketch of the location is attached as Exhibit 2. The City Attorney has advised that this would be a legal condemnation since Las Encinas is a proposed Master Plan street. The applicants have stated that Mr. Ecke is not opposing the acquisition and that the condemnation would be a friendly action. The Road is not needed at this time to serve property other than that proposed for development by the applicant. It will, however, open up the lands to the south to possible development. If the condemnation is approved, it should be subject to Las Encinas Road being improved to the southerly boundary of the development concurrently with the development of Phase I. There are no overpowering reasons to either approve or deny the request. We believe the Council will be justified to act in either manner. LEON E. CAMPBELL ATTORNEY AT LAW SUITE 415 PROSPECT CENTER BUILDING IO20 PROSPECT STREET LA JOLLA, CALIFOHNIA 92O37 TELEPHONE June 10, 1970 City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Request by Andrew McReynolds, Eminent Domain Action, Las Encinas Road Dear Sir: I represent Andrew McReynolds to whom a conditional use per- mit has been granted by City Council Resolution No. 1696, for the development of a mobile home park. Under the Conditional Use Permit an 84' right of way is to be dedicated between the southerly boundary of the development and Palomar Airport Road. A portion of the road as dedicated would cross over land not owned by Dr. McReynolds. Negotiations are pending with Mr. Ecke, owner of the other parcel for a dedication from him in favor of the City. However, it is not known at this time whether such negotiations will prove successful. On April 6, 1970 the proposed annexation of the McReynolds Tract will come on for hearing before the Local Agency Formation Commission. On the assumption that present negotiations with Mr. Ecke will not consummate, it is requested that the City of Carlsbad cause an eminent domain proceeding to be filed for the acquisition of a public right of way across land owned by Mr. Ecke which would represent an extension of Las Encinas Road. Enclosed is a plat showing the location of said proposed public right of way. This location has been discussed on a preliminary basis with members of the City staff. A legal description will be provided by separate cover. The City staff has previously stated that Las Encinas Road is con- templated as a major arterial to service properties south of Palomar Airport Road. Because such a road would have an obvious public benefit to the City of Carlsbad this letter does not attempt to set forth with particularity the public benefits which would derive from the proposed eminent domain proceeding. The costs of such eminent domain proceeding would be met by Dr. McReynolds, and he would also bear the cost of developing that portion of Las Encinas Road crossing the Ecke property to the width as may be required by LEON E. CAMPBELL City of Carlsbad ATTORNEY AT LAW JUne 10, 1970 Page 2 the City at this time. Dr. McReynolds has no knowledge at this time of any objection to Las Encinas Road being extended south of Palomar Airport Road in ac- cordance with said plat and under the conditions of the Conditional Use Permit. It is requested that this matter be placed on the next agenda ofthe City Council for consideration and action. Yours very truly, LEON E. CAMPBELL LECrbd Enclosure -- ONDEMNATION" V >>>>S V^-\W^X k\ "i'CAx N ^vV^i-i^x-$\A(f&Zi<.- ••Mr^i^^v<:->\--<x?-- / ,' \ ; i \ -A r\\\\\! IK, (^^^^ ( •' -• VNP»\ VkT^H^rC^-:^ ^ \ !'f f«!p!8JSr!jr if the Counlj of Sar Diego, State o? CdMorme. (Jesiritei as. I.-.-, portion of Lot "ii" of 7U.VCHO AGL'A HEDIO.'.'iA, in the County of iar. lie,-?, ft of California, according to >!af thereof .\'o. 3o, filed in the offict •,t? Cw-u;-.ty :it?corder cf said County .\oveiher 16, Io96, iescri^-«-d as fcllovs r.nir.ir at the intersection of the Southerly lir.e of said r.ar.chc Ari:a or.tia, vith the easterly line Of the right of way of the Atcr.i-sor., "r;;--i:a 4 -ar.ta Fe Railway Cor.fsriy; thence along said Southerly rar.chc Lir.e N':,rt;- >' Lost, l'«10. 5'/ feet tc thp true point of beginning; tr.erc<-. ccr.tir.uir.r :; ;;°C29' iti-t to the Southeasterly corner of .said Let "H" a.id the ^--utr- erly -orner cf I,ot "J" as shoi«n'on said Map !.'o. So; thfr.cs '."ortii O-j.. ' ,-,]or.,? *,hft line cc.T.rcr t.o said Lots "H" and "3", ipJH.go feet: t-^r.cp h c9c5?' rt^st r.^rrill»?l»vith said Southerly Esr.cho line? to a li.-.i? •..:,;?- j :.vrt:-, 0°0il 'v?st fro.-s the .true point cf beginnings thence Sout:: C'C/I' 1>5^.?0 fr-et to the true point of beginning. M.rj granting those certain ^0.00 foot easeaents for accers road as. x«::rvt-i i.:. .".s'-d; frori F-.A. Horton ar.d Eva M. '-Jorton, recorded on I-coerber **-, I;'>£, 1.'^ .--K -:-,36/, iagr 1^1. of Official Records and on October 22, 19?> ir...-r:.o< -j^;:--,;e H/<2, cf Cfficitsl Records, Respectively. / -