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,
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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
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