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HomeMy WebLinkAbout1971-03-16; City Council; 375; Water System Improvements Land AcquisitionTHE C I T ..OF CARLSBAD,C A L I F' ^ R N I A Agenda Bill No. 'Referred To : Date: March 16, 1971 Subject: .** Water Systems Improvements Land Acquisition Elm Avenue Reservoir Site and Appurtenant Easements Submitted By : Hunter T. Cook City Engineer Statement of the Matter The proposed Elm Avenue Reservoir will be located at the northerly end of existing Donna Drive northerly of Elm Avenue, proposed as shown on attached Exhibit I. The fair market value of the site has been appraised by Mr. Joseph M. Williams, M.A.I., at $2,850.00. The easement required has been appraised at a value of an additional $1,000.00, for a total estimated just compensation of $3,850.00. This amount has been offered to the owner of the property, Ernest Adler. He has stated that he is not in agreement with the appraisal and has requested that we purchase his entire ownership at a price of $38,000.00. Mr. Adler 's price' is approxi- mately 50% above the appraised value of the property and as such, is un- realistic. Mr. Adler 's offer and the City's response are attached for your information as Exhibits II and III. In view' of the fact that the property is urgently required for construction (continued on attached page) Exhibi t I. Sketch of Elm Avenue Reservoir Site and Easements. II. Ernest Adler 's letter dated February 9, 1971. III. City Engineer's letter dated February 10, 1971. IV. Resolution No. Staff Recommendations Adopt Resolution No. /tf^^L, authorizing and directing condemnation of land for the Elm Avenue Reservoir and right-of-way purposes.. Statement of the Matter (continued) purposes, condemnation proceedings should be undertaken immediately. The staff will continue attempts to negotiate a settlement. AS No. . ' . Date.- March 16, 1971 City Manager's Recommendation Concur with recommendation -of City -Engineer, Council'Action 3-16-71 .Res. #1832 was' adopted by title only and futher reading waived, -2- \ o TA ^ c February 9, 1971 City of carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: fflr. Hunter T- Cook City Engineer Gentlemen; Regarding your letter of December 11, 1970 and our conversation of February 9, 1971, we wish to advise as follows: The particular portion of our property which you designate for use as a reservoir site and street easement is the prime area of our parcel. Because the proposed reservoir and street easement will preclude development of this property as planned, we wish to offer our entire parcel to the city of carlsbad for the price of $38,000.00, We trust this offer will be satisfactory to you. ,* truly yours, Box 7336 Long Beach, California 90807 EXHIBIT II February 10, 1971 Mr. Ernest Adler P. O. Box 7336 Long Beach, California 90807 ---•'' is ySUBJECT: Acquisition in Connection with Elm Avenue Reservoir Site / Dear Mr. Adler: Your letter dated February 9, offering your entire parcel to the City of Carlsbad for the price of $38,000, has been received. As we have discussed, while we can appreciate your desire to dispose of the entire parcel as one unit, the City does not wish to become involved in the land development business, and there- fore is unable to accept your offer. In any case, we would be unable to purchase the parcel at your quoted price, since it exceeds the appraised value of your entire holdings by 50%. We are most desirous of purchasing the required portion of your land at a price which will be fair and equitable to you as the seller. We believe that this amount is the fair market value as determined by a qualified, disinterested, professional ap- praiser. This amount has been determined. If you have addi- tional factual information which you feel would justify ad- justing the appraised value, we will be most happy to consider it. Our construction schedule requires that we take possession of the property no later than May 15. If we are unable to reach a negotiated settlement, we will have no alternative but to initiate condemnation proceedings. Please advise me of your plans. I would be pleased to meet with you any time at your convenience to discuss this matter. Very truly yours, HUNTER T.-COOK City Engineer HTCsCC EXHIBIT III X-'