HomeMy WebLinkAbout1977-05-17; City Council; 5011-2; ACQUISITION OF PROPERTY ADJACENT TO HOLIDAY PARK |NE CORNER - OWNER, FORREST KRUGER|@
c;;=y OF C,”IT-S?CD
a I- _-
_____-
3- 3TL.L XQ. 5011 Supplement No. 2 __ Ir?i”_ial:
m-.r,- Eept * Fd -j‘J
_I- c. Acty. u
City Manaqer -__ -_- C. Xgr. - 2
3.423: May 17, 1977
5=,Y--%r,LA+-LL\ I :
_. _____- -____ - - 7-7 -)--.,---p -
_____ __. _. ____ __.___ __ --- -_ ._ -~ ___- ___ -_-- 3LL; 2c z :
ACQUISITION OF PROPERTY ADJACENT TO HOLIDAY PARK
--_ -___-- (&IF? corner - Owner, Forrest Kruger) - __- -
S-zate1-ezlt of the Xatter .----____I_ --_- --~
At the April 5, 1977 meeting of the City Council, staff was
authorized to obtain an appraisal of the property from an
MA1 appraiser.
An appraisal has been obtained from Joseph Williams, MAI, in
the amount of $48,600. The appraisal obtained by the owner,
Forrest Kruger, was $52,000. Mr. Kruger has indicated to staff
that he will be willing to sell the property to the City for
$50,700 cash if the City would pay all expenses of the sale
(approximately $400), making the total purchase price
approximately $51,100. Mr. Xruger in giving the City the
first option to purchase has requested an immediate decision
as time is of the essence. Purchase could be made from General Reserve.
The purchase of this property which is approximately 1OO‘x 165’
would complete the City’s ownership of Holiday Park. The house
on the property was constructed in 1961 and contains 1,160 sq. f
The property is zoned R3; the General Plan places it under park
zoning.
Exhibit
Resolution No. ,TJ 72
Recommendation
If Councils looks with favor on the purchase of the property,
the following steps should be taken:
1. Authorize the transfer of funds from the General Fund Reseri
for the purchase of the property.
2. Authorize staff to enter into escrow with Forrest Kruger
for the purchase of the property in the amount of $50,700,
plus expenses of the sale, making a total price of $51,100.
Adopt Resolution No. ._<k@g. authorizing the transfer of fund:
- .*-
1
2
3
4
5 '
7
8
e *
5092 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD I CALIFORNIA AUTHORIZIIJG
THE TRANSFER OF FUiqDS FROM THE GENERAL FUND RESERVE ACCOUNT TO THE GENERAL FUND
PARKS ACCOUNT.
BE IT RESOLVED by the City Council of the City of Carlsl
as follows:
1. That the transfer of fif ty-one thousand, one-hundz
dollars ($51,100) from the General Fund Reserve Account (1-0(
m m c,
87. FZ c & k? 1 q 2 &* gz 1 '-CY u k AI L bk .-LJ ._ 1-t 13 . ! - --n ,iii.> FL!J ,A:'EYUE
,-.-, : L> : r-2, rF;iJ FZZ!d!,&. 52532
(714) 723-iI81
r, 11 -- i,
'\
',c!qcEt<T ,F. ?,:C',3r; JR.
s;, j' ,LJ:,t'!\Ey
- yyz~~?~ ~;ROT'PF,ZS .. ; LYC. hereby agrees to purchase the
uc property c
Elore than rlfteen (15) tzys arrer the 6ate of city Council
z~~roval _L cf the .. sale I;~LC~ is anticipated at t5elr
aC707~m~d ~~~.;~~~~g of _q?r-l 12, 1977. TCTXS: CES~. The
city of ~ar~~sy,arj h~tll locate the bo~nzary lir,.s and ca'rner
6 by me Citv of Carls'sad on xighwar 76,
-
- 1h:Robifi 2s -c ,- m:.nsall ?-o~rky, for t5e .- Sim of s f1~30-
The trenszc~ron will bs ~~~~~~~~;~6 i. by ~ne City to clcse EO~
r. .. , ..
_.
:.=7,- _- . -*,,-s 2s ?
... - ,I - ___ 1 L_l<2rstE.-nc <i-Isre .. 1s 2 L!S glsRde2.,s of re.x?I-c -- zg.ins
-v,v a.;_'---,=se of :r:g - 7:q?5?L-?y 5s sukject t@ t5ls
.. . * -- -.le .-l:LCc:2 OF i2\7OlTi 2 clain SY YL- Larry SI . .- Lr??eZ-z)-.
L.ic.- --2 22s
I-=\?- A
axis? er2c E.73 z,^c%1p..lp L i?.3=5itisE of t!:" EaS.nlnt.
zE ,:p,-.& ____ u C>CG---L ___ -I.:&i?L r r:ins zizF=llY acrcSS t .---& . -
,I ____ 7: .- - -A - ,-
IT - .. r. h ---- c- a La36 z.;z-::7Ez ?:;E= 'J_=\32 -,:~s~or: 05 xl-le sai -
-. - A .- - ,- of ~-?e property, rnz City of Czris,ar,
defend xc ~r 0:2-i_en<ise ~~~~~\7~ the ~.;at.i;er.
il n0e he respozs2 for the 1lj-isation -i;d y:~~zt it will 53 my resp~~sx~-- "r\iTity i
.: .-
- - .- 'Ja-rr3r2 ~'.~;':~TS , LXC.
-, ,':
j ,. < J' -'
c-, /, --
c,. 1 CL. L,- -
/
_-
\
*
'a cX30: ICII-F/ C,4t'Z\I--SBAu -
Q
' c* 1 --i- "9 OF
-2-
v2-L ., *,.C-lv- rr*.cv .n+.'*Zdz2.Ir. IbX"'F;T.I
I,lr. Nilliain Rick began with a slide presentation of aerial views of various projects on assorted
lot sizes. Also depicted was the variety of
uses for open space. He stated the end result of a project is independent of the lot size.
Mr. Bevash then continued the slide presentation
, showing ground views of various projects, stress
ing that the appearance of a project was not
dependent on the lot size.
Mr. Rick then stated that currently it seems to be a matter of meeting the required nunib'ers
rather than concentrating on the substance.
Council indicated they did not oppose smaller lot sizes if there were some method of control- ling quality. Council expressed the general
opinion that though they did not oppose smaller lot sires, it did not seem feasible to lower the required size until such time as a design,
and review process or other methods of control
could be instituted.
Mr. Norey expressed appreciation to Council for the opportunity to discuss the matter, and indicated his staff would be working on possible
solutions to present to Council at a fu
_-__ RECESS: Mayor Frazee called a recess a
and the Council reconvened at 9:06 P.M. with all
Counci 1 flembers present.
[81] Bonsalmertx
The City Attorney stated that the City Council
in late 1972 had instructed staff to move for-
ward with the disposition of four surplus water
properties. Appraisals of the four properties
had been obtained. Of these properties, the
Bonsall property needed Council consideration at this time.
He gave a brief history of the matter regarding
the pending law suit with the adjoining property
oWner and subsequent negotiations for sale of
the property to him. Further, that an additiona
offer had been rezeived on the property.
He continued that at the conclusion of all the
required processes, the bid of Marron Bros., Inc
was the highest. In addition, Marron Bros., Inc
would hold the burden of defending the law suit.
In view of this information, the City
stated his recommendation was to sell
to Marron Bros., Inc.
Following Council discussion, the City Manager
indicated a full report would be distributed to
Council regarding all of the old water
iiy IIII~I~IL(~ I~IUI+I(A~I~ LOUIIL~ i uLLip~t'~ Siii? blarron Brothers, Inc., to purchase ttte BU~~~CII 1
property subject to the conditions stated in
--<,-I nffor dated Auril 12, 1977.
.ih 1
i: !:cor2 DI!\IG REQ1JESTEr
?,:~-IX(~II 1:rnl:liers , Inc. J/'
Ar+V \YI<CN f4ECORDED HAIL TO
1 rCity Cl.c~-k Nom.
Stroal
City of Carlsbad
hdd,f,, 1200 Elm Aveiiue
Carlsbnd, C;iIi€ornj.a 92008 City h J
^I--__--
s'"'* L
f\\.~]p,'\!:F !it:. -. .. . - ~IAIA li'il r,F.c~,p,~jl:~ [XWS r 9
i,? (d,. -1 !,. (<.II
P,ri;?IL \ \:(I tH "I
l11-l- i r: 1 ,Z 1. [: L' i: I : i; ii S
SPACE ARGVE THIS LINE FOR RECORDER'S U!
---
D.T.T. S--.--
T R I", I: 5F F R p6;sg.p cd ..3 ,- $""+!': bd.EC2k-I Grant Deed --- 11,fip1 ~y F y,! I.-,(
f. \. - 1 :Is 1 e
1:XIllDlT "A"
LE GAL I) 1: S C R I P 'I' I 0 N
The land referred to herein js situated in the State of Cnliforni
County of San Dicgo, and is dcscrihcd as fol lows:
That portion of that portion of Lot 4 - west quarter of northwest
quarter of Section 6, Township 11 South, Range 3 west, San
Bernardino Meridian, according to official p! at thereof, descrihc
;is follows:
Begjnning at a point 22 chains Yorth of the quarter corner hetwec
Sections 1 and 6 on the Range Line between Township 11 South,
Range 3 and 4 West, San Bernardino Iqeridian, thence on a true
meridian South 62O East 3.60 chains; thence along the County road
North 48O East 5 chains; thence along County road North 425i0 East
3 chains; thence along County road North 52+O East 5 chains;
thence North 43O East 11 chains; thence North 50+O East 0.80 chai
11 South, Rmge 3 West, San Bernardino Meridian, and 2.27 chains
West of the northeast corner of said Lot 4; thence North 1.20 chc
to South and easterly edge of San Luis Rey River; thence South 64
12' West along said South and easterly edge of San Luis Rey River
23.33 chains to intersection of the West boundary of Lot 4, Secti
6, Township 11 South, Range 3 West; thence South 6.50 chains to point of beginning.
Excepting from the above tiescribed property that portion lying
southeasterly of the northwesterly line of land described in a
deed to the State of California, recorded March 12, 1952, File
No. 31008 of official records, said northwesterly 'Line being more
particularly described as follows:
Commencing at a point on the West line of said Section 6, distant
thereon North Oo 02' 10" West 1613.89 feet from a 2-inch capped
iron pipe set for the West quarter corner of said Section 6; said
point also being distant along said West line South 00 02' 10"
East 1036.34 feet from a 2-inch iron pipe in a fence corner, set
for the northwest corner of said Section 6, said point of conmeni
ment also being distant along said West line North Oo 02' 10" Wes
50.61 feet from engineer's station 454 plus 83.66 P.O.C. on the
center line of the DeFartment of PuSlic Works survey, made in 195
between Oceanside and Bonsall Bridge Road XI-SD-195-A; leaving
?aid West line along a line parallel with and distant 50 feet nor
westerly at right angles from the center line of said Department
to the intersection of North boundary of Lot 4, Section 6, Townst
I
(.* 1- 1 :!.?; I' 4B
2
Pii\)l i.(: b:oi-kr; siirvcy f roin n ll~?n~~~nl: \,<11j.c11 1.)~;.11::; PJo~:t-li [lo'' 50 ' 1.3"
jC:<i:;L :1J.(111q n curve to the 1.ef-t wi.Lli a iractius of 950 Ccct t:hroucjh
an ;incjI~c of 26O 39 ' 53" a distance of 442.ll feet; North 54" 10'
3.0" ~':lst 7.230. 89 feet; and along a tangent curve to the left wit:].
a I.-<-]( i.us of 2950 fcet throucjh an angle of so 00 ' 22" a distance
of 257.75 f(2e.L to a point 011 the IIorth line of said Section 6,
sai.d point being on the Tor.;nsliip line between Township 10 and 1-1
Sout11, Rancje 3 \<est, San Rcrnardino Meridian, di stant along said
To.,Jn:;hip 1 i ne North 8So 34 ' 33" East lG4G. 61 feet froin said 2-.in(.
i.tron pipe :in feiice corner set for the northwest corner of said
SScctiorz 6, said point also being distant along said Township linc
South 88O 34'39" 1;rest 1396.76 feet froin a one-inch iron pin set
for the North quarter corner of said Section 6, said point being
also distant al.oiig said Township line South 880 34' 39" PJest 77.2
feet fr'rom engineer's station 475 plus 60.21 P.O.C. on the Center
1j.ne of said Dcpartment of Public TVorks survey.
JiESSEIZVING therefrom all water rights and ingress and egress there
to exe'rcise said water rights.
All as shown for convenience sake on Attachment "A" attached here
and rnnde a part hereof.
<
- WHEN RECORDED MAIL TO:
Marron Brothers Construction
Bonsall, California 92003
29750 Mission Road
m
- LiLl1lc.L I .ti - LEGAL DESCRIPTION
The land referred to herein is situated in the State of Californi
Coilnty of San Diego, and is described as follows:
rn' A~~t portion of that Portion of Lot 4 - westJquarter of northwest
quarter of Sectign 6, Township 11 South, Range 3 West, San
Bernardino Meridian, according to official plat thereof, describe
7 as follows:
-. Beqinning at a point 22 chains Xorth of the quarter corner betwee
-St?ctions 1 and 6 on the Range Line between Township 11 South,
Range 3 and 4 West, San Bernardino Meridian, thence on a true
meridian South 62* East 3.60 chains; thence along the County road
North 48O East 5 chains; thence along County road North 42+0 East
thence North 43O East 11 chains; thence North 50+O East 0.80 chai
to the intersection of North boundary of Lot 4, Section 6, Townsh
11 South, Range 3 West, San Bernardino Meridian, and 2.27 chains
. West of the'northeast corner of said Lot 4; thence North 1.20 cha
.: to S~,outh and easterly edge of San Luis Rey E?iver; thence South 64
'. 12' r:'clst along said South and easterly edge of San Luis Rey River
23.33 chains to intersection of the West boundary of Lot 4, Secti
point cf beginninq.
Excepting from the above described property that portion lying
. southeasterly of the northwesterly line of land described 'in a
deed to the State of California, recorded March 12, 1352, File
Eo. 31608 of official records, said northwesterly line being more
Comiencing at a point on the West line of said Section 6, distant
~ iron pipe set for the West quarter corner of said Section 6; saii!
point also being distant along said West line South 00 02' 10"
East 1035.34 feet from a 2-inch iron pipe in a fence corner, set
for the northwest corner of said Section 6, said point of comrnenc
meilk also beincf distant along said West line North O@ 02' 10" Wes
50.G1 feet from engineer's station 454 plus 83.66 P.O.C. on the
center line of the Depaxtrnent of Pdlic Works sur-rey, made in 195
between Oceanside and Bonsall Bridge Ro2.d XI-SD-195-A; leaving
sajd West line alonrj a line parallel with an6 distant 50 fcet nor
wt?:,trrly at right angles from the center line of said Ccp.7trtm;.r,t
'- -.
', 3 chilins; thence almg County road North 525" East 5 chains;
' 6, Toiqnship 11 South, Range 3 West; thence South 6.50 chains to
. - Farticularly described as fo3_lows:
L.
thereon North 00 02' 10" West 1613.89 feet from a 2-inch capped
2. w EXHEBIT "'A" * 9
1 .. pU~~1j.c \<~rks scrvcy frc,r-, a i;lnqr:nt ~\ici? Sears !iortI. 90" 59' 13"
st zloni;. a curve' tr~ the left with a rajius of 959 feet through
an a:!ule of 260 33' 5?" a distance of 442.11 feet; North 54O 10'
20" East 1280.89 feet; and alcnq a tangent curve to the left wit
a raciius of 2950 feet throuqh ax angle of 5O 00' 22" a distance
of 257.75 feet tc a point O:I the Eorth line of said Section 6,
said point beiriy on the Township line between Township 10 and 11
South, Range 3 Nest, San Bernardino Meridian, distant along said
Towriship 1Ln- Kor~h 88' 34' 39" Zast 1646.61 feet from said 2-in
iron pipe in fer,ct= corner set for the northwest corL-ner of said
Section 6, said point also bein7 distant along said. Township lin
5 South 8gC' 34'33" :%?est 1396.76 feet from a one-inch iron pin set '. fcr the Eu'orth quarter corner of said Section 6, said point being
- --feet from enqineer's station 475 plus 60.21 P.O.C. OA the center :: illso distant alo~q said Toiiriship line South €80 34' 39" West 77.
line of said-Department of Public Works survey. '.
-1 RESERVING therefrom all water riqhts and ingress and egress ther
to ex2rcise said water rights-
All as shown for convenience sake on Attachment "A" attached her
anti made a. part herpc;f.
-
5- ..
b,
- 7- --> 1)
d
I '#
1 EL5?HON
17 i 4) 43D.W
(g@ Qf b@*&$G 'PC I
Ailgust 21, 1980
Ron Null Attorney at Lav
KIGGS, FLETCHER 6c MACK 2124 El Camino Real suite 100
OceasS de, CA 92054
In ncccrclance with our telephone coqversation tolay, cncl..osed
is. t:he original Corporation Grar,t Deed executed for the pu:~;~ose
of correctir!.!: ail earlier Deed conveyir,g property from the Lity
or' Cc;cls'oad co your clicnts, ii;ano;7 Brothers, Inc.
3-t is our understandtng that you?- office will assume responsi- bility for recording this Decd asd forwarding to ycm clients. A copy of the unrecorded Deed will remaiii on file in t-Le Oiiacz of the City Clerk.
'L'hank you.
-.
0
WHEN RECORDED MAIL TO:
I
Marron Brothers Construction 29750 Mission Road
Bonsall, California 92003
a