HomeMy WebLinkAbout1976-05-04; City Council; 3598-1; Request for sewer right-a-way acquisitionCITY CF CARLSBAD
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AGENDA BILL NO. 3598 - Supplement 1 - Initial : Dept. Hd.
C. Mgr.
DATE : Plav 4. 7976
DEPARTMENT : City Attorney
subject: REQUEST FOR SEWER RIGHT-A-WAY ACQUISITION - RANCHO LA COSTA
Statement of the Matter
The City Council, at your March 16, 1976 meeting, directed the City Attorney to prepare documents providing for the utilization of the City's eminent domain power to acquire certain easements for the sewer line known as the Rancho La Costa Sewer. The Planning Commission has reported that the proposed acquisition
is consistent with the Carlsbad General Plan. The Planning
Director has. processed the matter under the City of Carlsbad's Environmental Protection Ordinance'and an endorsement of
. compliance has been issued. Attached to this agenda bill is a resolufion determining that public necessity requires the acquisition of certain sewer easements and authorizing the
City Attorney to acquire the property by negotiation or con-
demnation. The matters set out in the resolution should be
carefully reviewed. If the Council is satisfied, a 4/5 vote is required to adopt the resolution. Also attached is a resolution approving an agreement and an agreement between the City and Rancho La Costa.
to bear the full costs ofthe condemnation proceeding, including
. The agreement requires the developer
the retention of an attorney who would handie the litigation, if that becomes necessary.
Exhibits
Resolution No. 3p517 , authorizing acquisition
properties.
Resolution No. 37@ , approving an agreement.
Agreement with Rancho La Costa.
actual
of certain
Recommendation
If the.City Council determines that the acquisition of the sewer easements is necessary and in the public interest, your action
is to adopt Resolution No. 3f97 . If the Council approves ,
the terms of the agreement, your actio.n,is to adopt Resolution No. -39@ .
Council action
' 5-4-76 Resolutions' No. 3899 . and 3900 were adopted by a unanimous vote.
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EXHISIT "A"
In th2 City of Carlsbad, County of San Diego, State of California:
Those portions of Lots 251, 277 and 301, of Carlsbad Tract No.
73-24 according to Map thereof No. 7996, file2 in the office of the
CouEty Recorder of said San Diego County, 6escribed as follows:
A skrip of land 15 feet in width that adjoins and is easterly
of the following described line:
Beghning at tha southwesterly corner of said Map No, 7996,
szid corner being on the south line of Section 28, Township 12 South,
Racge 4 \\Jest, Sar, Bzrnardino Meridian;
Thence North 32O 46' 41" West along the westerly line of said
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Carlsbad Tract No. 73-24 a distance of 491.23 feet; _. - ._ .- - ~ -- _. _-.. Thence North 30° 17' 16" West along said westerly'line a
-_ -- distance of '1,200.64 feet;
Thence North 33" 22' 39" West along said westerly line a
diskznce of 275.00 feet.
(Contains- 0.678 Acres)
And also the southerly 25 feet of said Lot 251.
(Contains 0,144 Acres) -
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ASSOCIATED ENGINEERS
,3904 GROTON STREET
PHONE (714) 22+2467
SAM DIEGO, CALIE 92110 --
CHO LA cos
OF- WAY -- -.-- . 1 IN SECTIONS 28 AND.29, T. 12 S.,R:-:4-W., S.8.M. -~~*~l
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RESOLUTION NO. 3899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DETERMINING AND
DECLARING TXAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN
INTEREST IN CERTAIN REAL PROPERTY FOR A
SEWER LINE TO BE KNOWN AS THE RANCHO
LA COSTA SEWER, AND AUTHORIZING THE CITY ATTORNEY TO ACQUIRE SAID PROPERTY BY NEGOTI- ATION OR CONDEMNATION.
WHEREAS, the City Council of the City of Carlsbad has
established a tentative sewer easement to be known as the Iiancho
La Costa Sewer; and
WHEREAS, the acquisition and development of said sewer as
an off site improvement for certain subdivision maps is essential
to provide sewer service to said subdivisions, as well as other
surrounding areas that border upon and are served by said tenta-
tive easement; and .
WHEREAS, it is necessary that the developers of the Rancho
La Costa area secure'said easement and install improvements there-
on, in accordance with specificatioAs of the City of Carlsbad; and
WHEREAS, Rancho La Costa sewer easement and project has
been considered by the Planning Commission-of the City of Carlsbad
and determined to be consistent with the Ciky's general plan; and
WHEREAS, the Rancho La Costa sewer easement has been con-
sidered by the City of Carlsbad Planning Department, in light of.
the California Environmental Quality Act of 1974, and the City
of Carlsbad Environmental Protection Ordinance of 1972, and found
to have no adverse impact upon the environment, and, therefore,
qualifies for a negative declaration; and
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WHEREAS, said Rancho La Costa developers have been unable
to acquire by negotiated purchase said necessary portion of the
proposed sewer easement; and
WHEREAS, this City Council has considered the evidence
relating to this matter and is fully informed in the premises;
NOW, THEmFORE, LtE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above facts are true and correct.
2. That the City Council of the City of Carlsbad finds and
determines and hereby declares that.the public interest and
necessity requ'ire the acquisition, construction and completion of
certain public improvements, namely a sewer line, upon, through,
over, under and across the real property hereinafter described in
this resolution to be known as the Rancho La Costa sewer.
3. That said real property or interests in real property
hereinafter described is necessary for said public-improvement
and that such public improvement is'planned and located in the
manner which will be most compatible with the greatest public
good and least. private ,injury.
4. That the public interest and necessity require the
acquisition and taking of certain real property for sewer easement
purposes for the installation, construction, operation, maintenance
repair, replacement and construction of said sewer easement and all
structures incidental thereto.
5. That the use of all and each of every part of said
real property hereinafter described for the purpose of a sewer
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easement is a public use, and a use authorized by law.
6. That the acquisition and taking of said sewer ea eme t
upon, through, under, over and across all and each of every part
of said hereinafter described real property is necessary to said
public use, and it is necessary that all and each and every part
of said real property be so acquired and taken.
7. That the City Council of the City of Carlsbad finds
and determines and thereby declares that the said Rancho La Costa
sewer easement is consistent with the City's general plan.
8. That the City Council of the City of Carlsbad hereby
finds, determines and declares that the said easement will result
in no significant environmental impact under either the California
Environmental Quality Act of 1974, or the City of Carlsbad Eriviron-
mental Protection Ordinance of 1972, and hereby qualifies for a
negative declaration. . I
9. That the.rea1 property or interests in -real property
which the City of Carlsbad is by tkis resolution authorized to
acquire and condemn is situated in the City of Carlsbad, County .
of San Diego, and in the County of San Diego, State of California,
and more particularly described in Exhibit A, attached hereto and
made a part hereof, as if set forth in full, and as shown for
convenience sake on that certain drawing designated as Exhibit B,
attached hereto and made a part hereof.
10. That the City Attorney for the City of Carlsbad be,
and he is hereby authorized, empowered and directed to acquire
said real property or interests in real property in the name of
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the City of Carlsbad, a Municipal Corporation, by negotiation,
donation, purchase, or by condemnation in accordance with the
provisions of the Code of Civil Procedure of the State of
California, Sections 1237 et seq., the Constitution of the State
of California relating to eminent domain, and such other statutes
and laws of the State of California as may be bplicable, and to
prepare and prosecute in the name of the City of Carlsbad such
proceedings in the proper court having jurisdiction thereof, as
are necessary to condemn, take and acquire said real property or
interests in real property for and in connection with said public
improvement, and to make an application to such court for an order
fixing the amount or amounts of such security in the way o'f money
deposits as said court may direct and for an,order pernrittiny the
said City of Carlsbad to take immediate possession and use of said
real property or interests in real\ property, or any part or parts
thereof as rights-of-way for public use, and to make deposit of
such security in such amounts fixedtby the court, and in such
manner as the court may direct, and to incur on behalf of the
City of Carlsbad all reasonable and necessary -_ expenses in the
prosecution of a suit or suits ta condemn said real property.
Further, the City Attorney is authorized to direct the law firm
of Higgs, Fletcher & Mack to undertake all the above mentioned
duties on behalf of the City of Carlsbad, the cost of which will
be borne by the developer, Rancho La Costa.
11. That the City Attorney for the City of Carlsbad is
authorized to file the appropriate complaint in the pursuance of
the condemnation action authorized hereby; provided, however,
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that he may direct members of the law firm of Higgs, Fletcher &
Mack, to prepare and file those appropriate pleadings and that
matters involving said litigation including the preparation and'
filing of said complaint will be undertaken by the law firm of
Higgs, Fletcher & Mack, presently retained by the developer of
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Rancho La Costa, who shall retain the appraiser to be selected
and shall bear full and total costs for both legal services, any
special witnesses and any and all other costs reasonably relating
to said action.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the_Q;th day of I,qay , 1976,
by the following vote, to wit:
AYES: - Councilmen Frazee, Lewis, Packard, and
NOES : Counc i lman S ko t n i c ki Councilwoman Casler
__ ABSENT: None
- P&e&kA ROBERT C. FRAZEEHMa-r
ATTEST :
. ADAMS,-@.ty Clerk
(SEAL)"
5.
A strip of land twenty feet (20') in width, being ten feet (10') in.
width on each side of the following described centerline arrd 211
contained within Lot 11 of Section 33, Township 12 South, Range 4 W2st, San Eernardho Meridian, in the County of San Diego, State of California, according to Official Plat thereof:
. Beginning at the most northerly.corner 05 said Lot 11 of ctioz 33;
Thence South 69O 04' 40'' East a distance of 168.17 feet dong the northerly line of said Lot 11 to the TRUE POINT OF BEGINNIXG of the centerline to be described; '.-I
Thence from said TRUE POINT OF BEGINXING South 2O 29' 58" East a
stance of 86.28 feet;
Thence South 34O 30' 00" East a distance of 1-61-77 feet to a line
Fch is parallel with and 300 feet northerly right angles to the utherly line of said Lot 11.
The sidelines of the above des foot (20') wi& errtent are to be lengthened or shortened as necessary so as to
a continuous boundary along each side of said twenty foot (20') er,t from the northerly line of said Lot11 to said line that is erly of the southerly line of said Lot 11.
(Contains 0.114 Acres)
D ALSO: Those portions of Lot 11 and of Lot 12, all contained within ection 33, Township 12 South, Range 4 West, San Eernardico Xeridian, Lr, the County of San Diego, State of California, accnrdjn9 to O?r'iclrl
1 Pltt thereof, that are within the following desczibed boundary:
Beginning at the most northerly corner of said Lot 11 of Section
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.33; said nost northerly corner being the TRUE POINT OF EEGINNIMG of the boundary to be described;
Thence from said TRUE POINT OF BEGINNINC-, South 69' 04' 40" Eclst distance of 157.27 feet along the northerly line of said Lot 11;
- Thence South 2O 29' 58" East a distance of 93.48 feet along a
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coxtion of the Southwesterly line of the twenty foot (20') sewer easement previously described herein;
Thence North 57O 40' 18" West a distance of 433.74 feet, more or
ess, to a point OR the northerly line of said Lot 12 of said Section
33; -
Thence South 69O 04' 40" East a distance of 230.75 feet along said
ortherly line to the TRUE POINT OF BEGINNING of the boundary described.
(Contains 0.382 Acres] .. ,..
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' 390'0 RESOLUTION NO.
A RESOLUTION OF THE CITY COUXCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEPENT BETWSEN THE CITY QF CARLSBAD
AND RANCHO LA COSTA, A LIMITED PARTNERSHIP,
FOR. ACQUISITION OF CEIITAIN SE'iVER EASEPlENTS
TO BE KNOWN AS THE RANCHO LA COSTA SEWER,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of.
Carlsbad and Rancho La Costa,for acquisition of certain sewer
easements to be known as the Rancho La Costa Sewer, providing
sewer service to certain subdivisions located within 'the Rancho
La Costa area, a copy of which is attached hereto as Exhibit "A"
and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for ardon behalf
of the City of Carlsbad. I
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
4th 'day of May , 1976 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, and Councilwoman Casler
NOES : Counci 1 man Skotn icki
ABSENT: None
ATTEST :
MRdAREr E. ADAMS, -City Clerk
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(SEAL)
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EXHIBIT "A" TO
A RESOLUTION NO. 3900
AGREEMENT WITH RANCHO LA COSTA, A LIMITED
PARTNERSHIP RELATIVE TO THE ACQUISITION
OF CERTAIN SWER EASEYENTS TO BE KNOWN AS
THE RANCHO LA COSTA SEb7ER PROVIDING SEWER
SERVICE TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE FUQICHO LA COSTA AREA.
THIS AGREEMENT, made and entered into this 4th day of
May , 1936, by and between the City of Carlsbad,
a municipal corporation, hereinafter referred to as "City", and
Rancho La Costa, hereinafter referred to as "Developer".
W I T N.E S S E T H:
WHEREAS, the City Council of the City of Carlsbad has
established a sewer easement to be known as Rancho La Costa
Sewer; and
WHEREAS, the acquisition and development of said sewer
easement as an off site improvement for certain subdivisions in
the Rancho Ls, Costa area is essential to provide sewer service to
said subdivisions as well as other surrounding areas that border
upon and are served by said sewer easements; and
WHEREAS,.it is necessary that the Rancho La Costa secure
said easement and install improvements thereon in accordance.
with the specifications of the City of Carlsbad; and
WHEREAS, said Rancho La Costa has been unable to acquire
by a negotiated purchase said necessary portion of the proposed
sewer easement; and
WHEREAS, the City Council of the City of Carlsbad has by the
adoption of Resolution No. 3899 determined that the public
interest and necessity require the acquisition of said easements .
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provided all cost therefor shall be paid by developer.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That developer agrees to make a final effort to acquire
said easements from the owners thereof. If such effort is not
successful, developer agrees to proceed in accord with the
balance of this agreement. .
2. The developer agrees to immediately retain an appraiser,
subject to the approval of the City Attorney and developer agrees
to accept the full cost of the services of said appraiser.
3. Developer agrees to select and retain an attorney to
prepare and file a complaint in eminent domain to'acquire said
easements. Developer agrees to pay any filing fees or other
administrative costs involved in the preparation and filing of
said complaint.
4. It is understood and agreed that the Cicy shall assume
no responsibility in said con,demnation action, and that as further
proceedings are required, developer's attorney shall assume full
responsibility and direction of any condemnation action subject to
any necessary agreement with the City of Carlsbad.
for the services of said attorney shall be made directly by
developer and the City of Carlsbad shall assume no responsibility
for any attorney's fees or other costs of litigation.
thereto, developer shall retain the appraiser, as mutually agreed
upon by developer and the City, at their sole expense to provide
any necessary appraisal or other information in the form suitable
for use in said condemnation proceedings. Said appraiser and ariy
All fees paid
In addition
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other expert witnesses acquired shall be paid directly by
developer and City shall assume no responsibility for said payment.
Developer shall pay all amounts plus interest as required by the
court in payment for the easements to be acquired.
5. Developer hereby agrees to seek an order of immediate
possession for the real property necessary for the sewer easement
and comply with the legal procedures necessary therefor. 0
6. The City is hereby allowed to assume responsibility
for the subject litigation at any time and to prosecute it to
completion with all costs including attorney's fees to be borne
by the developer.
7. This Agreement is made, among other reasons, to
satisfy the requirements of the City of Carlsbad for the con-
struction of a dedicated public sewer easement to provide
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necessary sewer flow to that certain property being developed by
developer for subdivision purposes.
IN WITNESS WHEREOF, City has caused this Agreement to be
executed by having a.ffixed thereto the signature of the Mayor
of said City, acting under and pursuant to Resolution No. 3900
of the City Council of the City of Carlsbad, and developer has
caused this Agreement to be executed, as duly authorized, the
day and.year first hereinabove written.
ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California
KOBERT C. FRAZEE, dayzr
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ATTEST :
APPROVED AS TO FORM:
City Attorney 1/
RANCHO LA COSTA, a limited
partnership
DONALD AYRES, SR,, General Partner