HomeMy WebLinkAbout1971-04-06; City Council; 397; Water System ImprovementsTHE err o F C A R L S B , D,CALIF'ORNIA
Agenda Bill No. & /7
'Referred To:
Date: April 6. 1971
Subject:*\
Water System Improvements
Acquisition .
- Ellery Reservoir
Submitted By:
City- Engineer
Statement of the Matter
(see attached sheet)
Exhibit
1. 'Sketch showing proposed relocation plan.
2. Tellam letter to City dated 3/15/71.
3. Cost estimate.
Staff Recommendations
1. Adopt a motion directing the City Attorney to proceed with the
condemnation action previously authorized.
Statement of the Matter
The City Council authorized condemnation of the site of the proposed
Ellery Reservoir on July 21, 1970. Since that time, the staff has
had conversations with Mr. Fred Tellam, Attorney, representing the
property owners, concerning the acquisition. These discussions have
recently covered the location of the two primary 18-inch diameter
inlet and outlet lines and access road to the reservoir. The lines,
as presently designed, are located within the right of way of a
possible future street (see Exhibit 1). The location was picked as
the best location considering the costs of various alternatives and
the probable effect on the property as a whole.
The owners have requested that we revise our design to place the
lines along the westerly property line and to relocate the access
road to Janice Way (see Exhibit 1). Their proposal is attached as
Exhibit 2. The proposal as submitted is reasonable on its face,
with the exception of Item "C". This would require the City to buy
at full value the entire new reservoir site and then give up the old
site and old easement gratis. To give away the existing site without
some compensation would not be in the best interests of the public.
We have suggested that the old site be traded for a portion of the
new site on a square foot for square foot basis. Mr. Tellam has stated
that he will "in no way" agree to this idea. He has stated that the
proposal is "non-negotiable".
The proposal involves the installation of an additional 1200+^ ft.
of 18" diameter water line (2 x 600 ft.). It will require a major
redesign of the reservoir site and the inlet/outlet lines. The net
cost increase to the City is estimated to be $30,000 (Exhibit 3).
The major portion of this is due to the additional length of pipeline
required.
AS No. ' - Date: April 6, 1971
City Manager's Recommendation • •
Concur with recommendation of City Engine'er
Council Action
4-6-71 Authorization given City Attorney to proceed with condemnation
action, which was previously authorized, without prejudice and
further negotiations will be considered.
The City Attorney was instructed'to 'notify the Sheffler property
owners' in writing the action 'taken by the Council.
-2-
ClWlTT A.HIGGS
fEROINANDT.FLETCHES
PAOl D.ENGSTRAND
DAVID D RANDOLPH
J. STACEY SULLIVAN,JR.
JOHN H. WHITNEY
HAROLD E.LANDIS
»AL LACE R. PECK
•1LLIAM P. SHANNAHAN
GERALD J.O'NEILL
CHARLES F. GORDER
DONALD R.LINCOLN
MICHAEL T.THORSNES
PAUL W.WLLIHNGANZ
FCTERP.GAHER
CHRISTINE V. PATE
F. ALAN WQSMANTEL
W.H. JENNINGSHENRY PITTS MACK
LCOR.8.HENRHSON
OAN E.HEDIN
PAUL EUGENE OVERTON
FREDERICK G.TELLAM
VINCENT E.WWELAN
HARVEY H H1BER.JR.
JOHN W.NETTER6LAD
JOE N.TURNER
RALPH W.SOUIER
CARL F. INGA'ALSON. JR,
JERRY B.HICKS
GARY J.STEPHENSON
DONALD H.GLASER
JAMES R.WE88
PETER FKASER
LAW OFFICES
Hioos, JENNINGS, FLETCHER & MACK
I7OO HOME TOWER • 7O7 BROADWAY
SAN DIEGO.CALIFORNIA Sana
(714) 334- 65OI
March 15, 1971
LA MESA OFFICE
6Z6Z UNIVERSITY AVENUE
LA MESA,CALIFORNIA 93041
(7I<J 469-4191
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California
Re:
Gentlemen:
City of Carlsbad v. Russell N. Sheffler
San Diego Superior Court Action No. 320164
Please be advised that my clients, Mr. and Mrs. Russell
N. Sheffler are willing to settle the above entitled action upon
the following terms and conditions:
A* The City will pay to the 'Shufflers $24,000. per acre ^
for the property that the City takes for the reservoir site which
is estimated to be approximately 2.159 acres.
B. The Shefflers will deed to the City a strip of property
15 feet along the westerly boundary of their property, which strip /
shall run in a northerly direction from Chestnut Street to Janice
Way and, then, a strip of property so that Janice Way will be
extended in an easterly direction so that said Janice Way will
connect with the reservoir site. These two strips of property will
be donated and given to the City by the Shefflers.
C. The City will deed to Shefflers the existing easement
and reservoir site.
D. The City will dismiss with prejudice San Diego Superior
Court Action No. 320164, entitled "City of Carlsbad v. Russell N.
Sheffler".
E. The City will remove the existing reservoir and leave *
the old reservoir site in a clean and debris free state.
EXHIBIT 2
City of Carlsbad
March 15, 1971, Page 2
Re: City of Carlsbad v. Russell N. Sheffler
F. The City will provide properly pressured water
service to the Shefflers. This is necessary inasmuch as the
Shefflers presently have a pump which pumps below the water
line running to the old reservoir.
Yours very truly,
' FREDERICK G,~TrtTCLAM
of
HIGGS,JENNINGS,FLETCHER & MACK
FGT/C
CITY OF CARLSBAD - ENGINEERING DEPARTMENT
ESTIMATING FORM
PROJECT:
LIMITS:
PREPARED BY:.
CHECKED BY:
DATE ;
PRELIMINARY
CD FINAL
DATE:
NO.ITEM QUANTITY UNIT PRICE AMOUNT
SJZ &
s-rO £00
EXHIBTr