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HomeMy WebLinkAbout1979-08-21; City Council; 5182-7; Carlsbad Blvd Street WideningI I. CITY OF CARLSBAD - _--- Initial-: '.AGENDA BILL NO. 5182 - Supplement No. 7 - Dept. HeaA € DATE : August 21, 1979 C. Atty ' vm DEPARTMENT: Engineering C. Mgr. SUB 3 ECT : CARLSBAD BOULEVARD STREET WIDENING RESOLUTION AUTHOR1 ZING CONDENNATION OF CERTAIN PROPERTIES STATEMENT OF THE MA?TER At their meeting of April 3, 1979, the City Council approved the taking of additional rights-of-way on Carlsbad Boulevard to accommodate 20-foot radius curb returns. in September and three of the required eleven parcels of right-of-way have not yet been acquired. The City's right-of-way consultant has indicated that two of the remaining three parcels will have to be condemned. One of the parcels is located on the northwest corner of Acacia and the Boulevard and the other on the southwest corner of Hemlock and Carlsbad Boulevard. Neither of the property owners reside in Carlsbad. The widening project is now scheduled for construction EXHIBITS .". 1. 2. 3. 4. 5. Resolution No. &79,5, Authorizing Condemnation of Certain Properties 6. Notices to property owners. Staff Report - Carlsbad Boulevard Street Widening. Letter from Consultant in Support of the Need to File a condemnation Action in Order to Acquire Two Corner Rounding Easements. Appraisers Data Sheet for the Volkoff Parcel. Appraisers Data Sheet for the Waldrip Parcel. for the Widening 5- o Carlsbad Boulevard and the Installation of a Bicycle Path and Wheelchair Access Ramps. REC0b"DAT I ON If Council concurs, adopt Resolution No.&PYh. Council Action: 8-21-79 Council adopted Resolution 5896, authorizing condemnation of certain properties for the widening of Carlsbad Boulevard and the installation of a bicycle path and wheelchair access ramps. .. . . To: City Manager FROM: City Engineer DATE : August 13, 1979 RE: CARLSBAD BOULEVARD STREET WIDENING As you know, we are finally nearing actual construction on the long-awaited Coastal Bicycle Route. the benefits which we expect to receive from the project. I thought it might be appropriate to review with you public Interest and Necessity The most significant aspect of the project is increased safety. Boulevard is presently characterized by a high number of automobile accidents in the Elm Avenue to Tamarack Avenue section. In the last six months, over 35 accidents have occurred in this one-mile stretch of road. The accidents are predominently of the rear-end type caused either by automobile slowing to make right turns onto narrow side streets or by cars slowing or stopping in the inside lane on Carlsbad Boulevard to make left turns. The proposed Carlsbad Boulevard widening will not only facilitate bike lanes, but will also provide for a badly needed continuous left turn lane. The side street intersections will also be restructured to provide for wider turning radii thus allowing the right turn movements to be made without slowing to a virtual stop. the number of rear-end accidents on Carlsbad Boulevard. Carlsbad Through these improvements, we anticipate a 30% reduction in The project does, of course, center around the construction of a bicycle route. In this regard the project will: 1. Connect the existing bicycle route in San Diego County south of Carlsbad to the bicycle route in the City of Oceanside. 2. Improve bicycle access to the two State beaches within the City as well as virtually all of the 6.2 miles of coastline. 3. Promote an important alternate transportation mode which conserves beach parking and helps reduce traffic congestion and air pollution. The project will include new curb gutter and storm drain inlets that will help eliminate serious drainage problems along the east side of Carlsbad Boulevard between Walnut and Tamarack Avenues. Finally, the project will provide for wheelchair access ramps in accordance with the San Diego County Regional Standards at all intersections in the street widening area. These ramps are not only desirable but are also required by State law as part of any new construction. I. -2- At their regularly scheduled meeting of May 15, 1979, under Agenda Bill No. 5182-5, the City Council adopted Resolution No. 5768 approving Plans and Specifications for the Street Widening Project and authorized the City Clerk to advertise for bids. At their regularly scheduled meeting of June 26, 1979, under Agenda Bill No. 5182-6, the City Council adopted Resolution No. 5820 awarding the Street Widening Contract to the low bidder. Necessity of Taking Property The project has been well received by the City and its only criticism has been the need for acquiring eleven small parcels of property (approximately 50 square feet each) to accommodate the wider turning radii on the side streets and the wheelchair ramps. Agenda Bill No. 5182 - Supplement No. 4, the City Council approved the taking of additional right-of-way to accommodate 20-foot raduis curb returns. At their April 3, 1979 meeting, under The Council made their decision after considering the following information: According to the "Standard Specifications - City of Carlsbad", the minimum radii for a corner cutoff shall be 20 feet, which will facilitate a 30-foot curb return. In order to minimize the amount of additional right-of-way needed for the curb returns and the wheelchair ramps, it was decided by staff and the consultant that a minimum 20-foot curb return was acceptable. An additional 5 feet could be credited because of the 5-fOOt bike lane. By reducing the curb returns to 15-foot radii, an additional 1 1/2 feet can be gained on the corners. However, accident potential is increased since vehicles, especially longer ones, are more likely to go over the curb returns, and northbound motorists turning right from Carlsbad Boulevard would have to slow down more than necessary, thereby increasing the potential for rear-end accidents. The elimination of parking on the side streets will have to be investigated on an individual basis as problems arise, but the 20-foot radius will provide better sight distance at each inter- section with a lesser radius. Design and Location Most Compatible with Greatest Public Good and Least Private Ini urv At their April 3, 1979 meeting under Agenda Bill No. 5182 - Supplement No. 4, the City Council considered alternatives to the taking of additonal right-of- way. The alternatives considered were: 1. Providng ramps to accommodate wheelchairs crossing the side streets only and not Carlsbad Boulevard. 2. Locating wheelchair ramps at the beginning and end of the curb return rather than in the center. 3. Taking right-of-way on a radius rather than a tangent (triangle). - 3- Councilman Skotnicki responded to the question of denying wheelchair access to cross Carlsbad Boulevard and pointed out that it would be improper to do so. The basic problem of locating the ramp, is its size. maxim slope on the ramp of 1" of rise per foot. requires the sidewalk in the vicinity of a ramp to be at least 7 1/2 feetwide. No matter where the ramp is located, the required property acquisition is substantially the same. a tangent makes no appreciable difference. The properties which have been identified for taking are triangular parcels 10 feet by 10 feet by approximately 14 feet in area and consisting of about 50 square feet. The City has agreed to relocate and/or replace any fences, landscaping, flag poles or other decorative fixtures located in these parcels. The 50 square feet will be utilized for sidewalk purposes. The law requires a The Regional Standard also Even taking the right-of-way on a radius rather than Les Evans City Engineer 4434 30th Street, Suite C San Diego, CA 92116 (714) 578-2247 August 9, 1979 Mr, William C. Baldwin Assistant City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Coastal Bike Route, Parcel Nos. 4 and 11 Dear Mr. Baldwin: The following information is offered in support of the need to file a condemnation action in order to acquire two corner rounding easements. Parcel No. 4 (Volkoff) 1, Initial offer letter dated May 21, 1979, copy enclosed. 2. Follow-up letter dated June 7, 1979, copy enclosed. 3. Received response from Mr. Volkoff on June 11, 1979, copy of letter dated June 5, 1979 enclosed. 4. Responded to questions raised in Mr, Volkoff's letter regarding market value offer in letter dated June 22, 1979, copy enclosed. Based upon Mr. Volkoff's position that he would accept nothing less than $50 per square foot plus damages, there was little likelihood that he would consider accepting the initial offer. It is my opinion that a negotiating impasse had been reached by July 22, 1979, when no response had been received. Parcel No. 11 (Waldrip) 1. Initial offer letter dated May 21, 1979, copy enclosed. 2. Follow-up telephone call was made to Mr. Waldrip on June 7, 1979. WILMAC, Property Management and Real Estate Services Coastal Bike Route, Parcel Nos. 4 and 11 Page 2 August 9, 1979 3. Follow-up letter dated June 22, 1979, copy enclosed. Mr. Waldrip made it very clear during the telephone conver- sation of June 7, 1979, that he was opposed to the coastal bike route project and would not execute the easement under any conditions or proposal. He also refused to make an appointment with me for the purpose of explaining the project. Mr, Waldrip did not respond to the June 22, 1979 letter. In my opinion a negotiating impasse had been established on June 7, 1979. Sincerely, Bill MacFarlaneV Consultant BM/vcf Enclosures .- A BILL MacFARLANE CONSULTANT SPRECKELS BUILDING-SUITE 668 121 BROADWAY, SAN DIECO, CALIFORNIA 92101 (714) 234-5711 June 22, 1979 Mr. and Mrs. Alex Volkoff 609 West Beverly Boulevard Montebello, CA 90604 Re: Coastal Bike Route, Parcel 4 Dear Mr. and Mrs. Volkoff: It is quite true that the escalating price of gasoline has had i? significant impact on the consumer price index (C.P.I.), and it is also true that the value of real estate is influenced pri- marily by real estate transactions. The well-informed seller and buyer establish value in an open market transaction. It is the appraiser*s task to analyze comparable market sales and arrive at an opinion of value regarding subject property. The appraiser's fair market value estimate of $23.00 per square foot for the value of the taking (50 square feet) appears to be well substantiated. Your own purchase of subject property (102 Acacia Avenue, Carlsbad), which was recorded May 1, 1978, re- flected a square foot price of $23.14/square foot. This price included a small garage - converted to a one-room living unit, plus kitchen and bath. Apparently, a larger single-family residence, now removed, once occupied the front portion of the lot. The appraiser also noted a useful listing of property zoned commercial (C-2) as an indication of a definite ceiling on residential land values. The property encompassing four im- proved lots is located on CarLsbad Boulevard between Pine and 'Walnut Avenues. The'listing price is $2,250,000 or $27.19 per square foot. This includes a 20-unit hotel which has been condemned and boarded, and 11 older bungalows in relatively poor condition. The taking of the 50 square feet for corner rounding purposes is being acquired as an easement and you will retain the under- lying fee interest. The City of Carlsbad should acknowledge (by variance, if necessary) that the parcel (Lot 6) encompassing 5,403 square feet for development purposes. The reference to damages in the amount of $25.00 relates speci- fically to the probable need to reslope the turf from the new sidewalk. In the appraiser's opinion, the remainder property I I WILMAC. Propeny Management and Real ESIJIW Services Mr. and Mrs. Alex Volkoff Page 2 June 22, 1979 did not suffer a diminuation in value (damage) in the after condition as a result of the taking or construction of the new imprpvements. In all probability, the proposed project will enhance the value of your property. ' In summary, the appraiser made the following allocations to value: * Value of part taken - Land 50 sq. ft. @ $23.00 $1,150 Plants 47 1,197 Reslope from sidewalk 2.5 Total Consideration . $1,222 I appreciate the opportunity to respond to your concern re- garding the adequacy of the offer. In my opinion, the offer of $1,222 is a fair estimate of the market value of the taking and recommend that you accept the offer and rpocess the easement deed as set out in niy letter of June 7, 1979. Sincerely, BILL MacFARLANE Consultant for City of Carlsbad BMIvcf i ' r. t -. 609 Ulest Beverly Dlvd. Monte bello, California 90640 3une 5, 1979 Bill MacFarlane Consultant Spreckels Building- Suitr 668 121 Broadway, San Diego, California 92101 Dear Sirs: In reply to your letter of May 21, 1979, this is to let you know that I (we) do not agree with the amount of 1222.00 which you are offering, Based on a total square footage of 5403 presently of which you are going to take away 50 square feet, that will leave us 5353 square feet, First of all we are talking about an R3 ocean view frontage lot of uhich you will be taking 50 square faai, with and in which you wont even alloirr the amount of 25.00 anyway. Hoii in tho world can you take 50 square feet from a property and say that no damage lawfully was done. You say in your letter that thore is just Compensation in compliance with federal and state laws from a formal appraisal. which includes supporting sales data and other documentation. I would like to see these so called sales data and other documentation that you refer to, Please send them to us. Your report shows a damage amoumof 25.00 which is ridiculous to start I feel that in sincere honesty you will be taking prims property and an amount of qr 50.00 per square foot instead of thek4.44 per square foot is more of 8 real true fair amount for this property we are talking about. Your amounts as you say are based on other supporting sales data, but let me ask you one question, how much a gallon did you pay for gas 3 months ago and how much a gallon are you paying nou). This goss for most other items too. Also in your revised figueres to us please do put in a fair amount for damages due to us. To pay for fair compensation for Ghat you people are doing why dont ygu put a toll amount for every biker using your trail. We know that we would be willing to pay when we use it, We pay every time UJB go over the Oakland bridge and the Coronado bridge and the San Pedro bridge, We cold go on for quite a bit more but we fell that you can understand our feelings, We will be waiting for you to resubmit another offer on a true baisis of what you are taking and what you uill pay for it, Respectfully Submit bed: I) A// f' ALEk JOHN VOLKOff b/ : ' .' rr BILL MacFARLANE CONSULTANT SPRECKELS BUILDINC-SUITE 668 121 BROADWAY, SAN DIECO, CALIFORNIA 92101 (714) 234-5711 June 7, 1979 Mr. & Mrs. Alex Volkoff 609 West Beverly Boulevard Montebello, CA 90640 RE: Coastal Bike Route, Parcel 4 Dear Mr. and Mrs. Volkoff: As a follow-up to my letter of May 21, 1979, copy attached, you will find enclosed the required form of Easement Deed for the conveyance of the 50 square foot corner rounding as shown on the enclosed plat. Please sign the document on the lines marked by a red "X", exactly as your names appear on the front of the document. Your signatures must be notarized by a Notary Public. Upon execution of the easement deed please return same in the enclosed self-addressed envelope. As indicated in my letter of May 21, 1979, the consideration for the granting of the easement will be held in escrow until we have the subordination approval of the beneficiary of deed of trust dated April 20, 1978. Sincerely, for City of Carlsbad BM: ica Encl.. WILMAC. Propeny Manayemenl and Real Esldte Servces BILL MacFARLANE CO N S U LTA N T SPRECKELS EUILDING-SUITE 669 121 BROADWAY, SAN DIECO, CALIFORNIA 92101 (714) 234-5711 May 21, 1979 Mr. and Mrs. Alex Volkoff 609 West Beverly Boulevard Montebel lo, CA 90640 Re: Coastal Bike Route, Parcel 4 Dear Mr. and Mrs. Volkoff: The City of Carlsbad is prepared to make an offer to acquire fifty (50) square feet of your property located at Carlsbad Boulevard and we . This property is required for a street right-of-way corner rounding in connection with the Coastal Bike Route improvement p ro j ec t . Acacia The City of Carlsbad has obtained the services of a highly qualified real estate appraiser to estab? ish a fair price for the pr0peri.y being acquired. The City's offer for the purchase of this property is $ 1,222.00 .* , and is subject to the City Council's acceptance of an easernGt deed to the property, free and clear of all encumbrances. IF this offer is acceptable to you, 1 will deliver the necessary docurneilt for your execution and prbcess the document through the City Council. An escrow will be opened at Safeco Title Insurance Company for disposition of fund!,, recording the easement deed and clearing of encumbrances. I would appreciate hearing from you by June I, 1979. Should you need additional time in which to consider this offer or ask questions, please call me at 234-5711 or 234-8397. Si ncere 1 y , Bi 11 MacFsrlane Consultant for City of Carlsbad WILMAC. Pfopeny Management and Real Estate Servtcei c . .. .* . . \I. .. . APPRAl SAL SUMMARY STATEMENT -- .. .. Market value of the required property is: % \, \I?.rf The market value of the property being purchased is based upon a market value appraisal prepared in accordance with accepted appraisa.1’ procedures. Valuation of your property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration of the highest and best use for development of the property. Amount of damages to remaining property due to City’s acquisition is: 635 An analysis of the proposed acquisition and construction considering its advantages and disadvantages results in no damage lawfully compensable to the remaining property. Total payment is: +$? \72-2- This suiiriiiary is the basis of the amount oftered as just compensation is presented in compliance with federal and state law and has been derived froin a form1 appraisal which includes supporting sales data and other ducuiiienlat ion. . -1 , .rl .1 . . / I \ I \ I \ ! 1 \ I ENGINEERING C ET'. BILL MacFARLANE CONSULTANT SPRECXELS BUILDING-SULTE 668 121 8ROADWAY. SAN DIECO. CALIFORNIA 92101 (714) 234-5711 June 22, 1979 Mr. and Mrs, Hubert Waldrip 2066 Alta Vista Drive Vista, CA 92083 Re: Coastal Bike Route, Parce'l No. 11 Dear Mr. and Mrs. Waldrip: As a follow-.up to our telephone conversation of June 7, 1979, I want you to know that I acknowledge your right to oppose the Coastal Bike Route project. I also'understand the con- siderations you have regarding your past experience in dealing with the City of Caplsbad. If you are willing to set aside, for a moment, your reasons for opposing the project, I would ask you to consider the following facts in support of conveying the corner rounding easement: 1. The Coastal Bike Route project is funded and the City Council has by resolution made a commitment to go forward with the project. 2. Except for the corner roundings, the necessary right- of-way is already owned by the City of Carlsbad. 3. The corner roundings, encompassing 50 square feet, are essential in order to flatten out the curve returns so as to maximize traffic safety. The project also includes engineering to cure the old street drainage problem. 4. You will find enclosed the required form of Easement Deed for the conveyance of the 50 square foot corner rounding as shown on the enclosed plot. Please sign the document on the lines marked by a red "X" , exactly as your names appear on the front of the document. Your signature must be notarlzed.by a Notary Publlc. I. I WILMAC. Propeny Manogamenc and Real Estate Services Mr. and Mrs. Hubert Waldrip Page 2 June 22, 1979 Upon execution of the easement deed, please return same in the enclosed self-addressed envelope. As indicated in my letter of May 21, 1979, the consideration for the granting of the easement will be held in escrow until we have the subordination approval of the beneficiary of the deed of trust dated October Sincerely, * 29, 1965. - BILL MacFARLANE Consultant for City of Carlsbad BM/vcf Enclosure BILL MacFARLANE CONSULTANT SPRECKELS 6UlLDINC-SUITE 668 121 BROADWAY, SAN DJECO, CALIFORNIA 92101 (714) 234-5711 May 21, 1979 . Mr. and Mrs. Hubert Waldrip 2066 Alta Vista Drive Vista, CA 92083 Re: Coastal Bike Route, Parcel 11 Dear Mr. and Mrs, WaIdrip: . The City of Carlsbad is prepared to make an offer to acquire fifty (SO) square feet of your property located at Carlsbad Boulevard and Hemlock Street . This property is required for a street right-of-way corner rounding ip connection with the Coastal Bike Route improvement project . The City of Cai-lspad has obtained the services of a highly qualified real estate appraiser to establish a fair price for the property being acquired. The City's offer for the purchase of this property is $ 1,167.00 ** , 'and is subject to the City Council's acceptance of an easement deed to the property, free and clear of all encumbrances. If this offer is acceptabte to you, 1 will deliver the necessary document fqr your execution and process the document through the City Council. 'An escrow will be opened at Safeco Title Insurance Company for disposition of funds, recording the easement deed and clearing of encumbrances. I would appreciate hearing.from you by June I, 1979. additional time in which to consider this offer or ask questions, please call me at 234-5711 or 234-8397, Should you need Sincerely, Bi 11 MacFarlane Consul &ant for City of Xarlsbad BH/j 1 m APPRAISAL SUMMARY STATEMENT ASSESSOR PARCEL. 264- tsz-\s ,, c . PARCEL: \\ DATE ACQUIRED: hw 81, \q b& Market value of the required property is:* \, {dl .I .. The market value of the property being purchased is based upon a market value appraisal prepared in accordance with accepted appraisa.1 procedures. of your property is based upon an analysis of recent sales of ..comparable sites and similar properties in this locality wi.th consideration of the highest and Valuation ,best use for development of the property. Amount of damages to remaining property due to City's acquisition is: An analysis of the proposed acquisition and construction considering its advantages and disadvantages results in no damage lawfully compensable to the rem i n i ng property. Total payment is: \,\LT This summary is the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a forindl appraisal which includes supporting sales data and other docurnentation. I L I -. I 1. h I I i \ \ 1 ! I I 1 I I L I I i 1 4 DATA SHEET SUBJECT NO. 4 ASSESSOR PARCEL NO.: 204-142-12 LOCATION: 102 Acacia Avenue OWNERS: Alex & Antoinette Volkoff OWNERS' ADDRESS: 609 W. Beverly Blvd., Montebello, Calif. 90640 LEGAL DESCRIPTION: Block D, Lot 6, Palisades, Map 1747 ZONE: R-3: Multiple-Family residential. PHOTO: April 18, 1979 1O:OO a.m. TLD GENERAL PLAN: R-H: Residential-High Density SIZE, SHAPE, AND LOCATION: 50' x 108.06' = 5,403 sq.ft., approx, Northerly corner at Carlsbad Boulevard. IMPROVEMENT DESCRIPTION: Beach Cottage/Converted Garage: one room, plus kitchen and bath; cement slab; small enclosed porch. PART TO BE TAKEN: Iceplant (Lampranthus coccineus), asparagus fern, steep slope up from sidewalk to 4', 2' palm and 1' high Juniper (4' x 6' spread) (then level lawn - resloping from sidewalk may require taking some lawn). Tax Code Area: 09000 Tax Rate: $4.618/$100 AV ASSESSED VALUE: Total $29,900 %Land 94 RECORDING DATA: Inst. #174009 Date: May 1, 1978 VALUE OF ENTIRE PROPERTY (Land Only) 5,403 sq.ft. @$23.00/sq.ft.- VALUE OF PART TAKEN: Land: 50 sq.ft. @$23.00/sq.ft. Improvements: Plants DAMAGES: Probable Removal of lawn to reslope from new sidewalk $124,269 $ 1,197 $1 , 150 47 $ 25 TOTAL COMPENSATION $ 1,222 - DATE OF INSPECTION May 1, 1979 DATE OF VALUE May 1, 1979 DATE OF APPRAISAL May 8, 1979 REMARKS: Planting strip contains iceplant and lawn ground cover at estimated contributory value of $50.00. I '$ q:. . DATA SHEET SUBJECT NO, 11 ASSESSOR PARCEL NO.: 204-252-15 LOCATION: 3810 Carlsbad Boulevard, OWNERS: Hubert & Nina Waldrip OWNERS' ADDRESS: 2066 Alta Vista Drive, Vista, California 92083. LEGAL DESCRIPTION: Lot 1, Block F, Palisades Map 1747 ZONE: R-3: Multiple-Family Residential. PHOTO: April 18, 1979 1O:OO a.m. TLD GENERAL PLAN: R-H: Residential-High Density SIZE, SHAPE, AND LOCATION': 48' x 114.7' = 5,506 sq.ft,, approx. IMPROVEMENT DESCRIPTION: 4 unit apartment. - PART TO BE TAKEN: Red crushed rock, 1" deep; bordered by red cement block 1%' wide; lined with black plastic sheet; level at grade with sidewalk. Tax Code Area: 09000 Tax Rate: $4.618/$100 AV ASSESSED VALUE: Total $84,100 %Land 35 RECORDING DATA: Inst. #191617 Date: Nov. 1, 1968 VALUE OF ENTIRE PROPERTY (Land Only) : 5,506 sq.ft. @$23.00/sq.ft. $126,638 VALUE OF PART TAKEN: $ 1,167 Land: 50 sq.ft. @$23.00/sq.ft. $1,150 Improvements: Crushed rock and border 17 $ 1,167 TOTAL; COMPENSATION : RATE OF INSPECTION May 1, 1979 _-- DATE OF VALUE - May 1, 1979 DATE OF APPRAISAL May 8, 1979 REMARKS: Planting strip contains ground cover and gravel estimated at contributory value of $25.00. , ' '. ? 1" . 1 .. August 3, 1979 Hubert A. and Nina P. IValdrip - 2- You have the righr to appear and be heard at th t hearing on whether (1) (2) The public interest and necessity require the project; The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and The property sought to be acquired is necessary €or the project. (3) If you wish to exercise this right, you must file a mitten request to appear to be heard with the City Clerk, 1200 Elm Avenue, Carlsbad, Calif- ornia 92008, not later than 5 p.m., Au,oust 20, 1979, FailEre to file a written request will - result in a waiver of your rigk ;c qpear zmi be heard. If you have any questions regarding the proposed action, please contact the City Engineer at 1200 Elm. Avenue, Carlsbad, CA 92008, (714) -729-1181. . -.I .- Les Evans City Engineer LE:VEB " 4 , . - (. ! .i i 1- t I ! ! .. ! . . .. .. . . . . u, - ... .- . i' .: -I' ! 3: _. I i -. . 1 .- . . -- . .. . . i .- 7. - -- '2 1-. .-- . . . : - ~. . .~ --_ .. .- . _. - .. b, L '. - i August 3, 1979 I August 3, 1979 Alex J. 6 Antoinette S. Volkoff -2- You have the right to appear and be heard at that hearing on whether: (1) (2) The public interest and necessity require the project; The project is planned or located in the manner that 1611 be most compatible with the greatest public good 2nd the least private injury; and ~ The property sought to be acquired is necessarf :or the project. (3) If you wish to exercise this right, you must file a written request to appear to be heard with the City Clerk, 1200 Elm Avenuz, Czrlsbad, Calif- ornia 92008, not later than I”2iizre to file a written request will result in a waiver of your right tz appear ad be heard. If you have any questions regarding the proposed action, please contact the City Engineer at 1200 Elm Avenue, Carlsbad, CA 92008, (713)-729-3181. 5 p.m., August 20, 1979. .. ”-- Les Evans City Engineer 'I , . ! ... -__ . . . - ? -. ' . -:; .. ?.; .. - .- .. .I . .-. ._: -. - - RESOLUTION NO. 5896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OF CERTAIN PROPER'fL'IES FOR THE WIDENING OF CARLSBAD, CALIFORNIA AUTHOP.IZIKG CONDEMNATION CARLSBAD BOULEVARD AP;lD THE INSTALLATION OF A BICYCLE PATH AND - WHEEICHAIK ACCESS PJiNPS. WHEREAS, the City Council of the City of Carlsbad, California is proposing a public improvement as described herein: and WHEREAS, the City Council has held a public hearir,g according to the provisions of Code of Civil Procedure Section 1235.235; and WHEREAS, Negative Declaration No. 395 has been issued for the proposed public improvement; and WHEREAS, after said public hearing, the City Council of the City of Carlsbad finds and determines and hereby deckires as follows: , 1. That public interest and necessity require the acquisition, construction and compl-etion by the City of Carlsbad, County of San Diego, State of California, of a public improvement, to wit: The widening of Carlsbad Boulevard and the installation of a bicycle path and wheelchair access ramps. 2. That public interest and necessity require the acquisition of a public easement for street and other related purposes for said public improvement over the real property hereinafter described as Parcels A, B and C. 3. The City of Carlsbad, California is authorized to condemn said parcels for the purposes herein described by Code of Civil Procedure Section 1240.010, 1240.110 and 1 2 3 4 I F; Y E 7 E 9 ZC 11 12 9 19 20 21 22 23 24 25 26 27 28 1240.120; GGvernment Code Sections 37350.5 and 40404(a); and Streets and Highways Code Section 2380. 4. That the use of all the said real property for street widening, a bicycle path and wheelchair access rampsl is a public use authorized by law. 5. That the taking of real property described herein as Parcels A, B and C is necessary for the public use and that those parcels be so taken. 6. That the said proposed street widening and install-ation of a bicycle path and wheelchair access ramps is planned and located in a manner which will be most compatible with the greatest public good and least private injury. 7. A report regarding general plan conformance from the Planning Coinmission j.s not required for this project pursuant to Government Code Section 6.5402 as implemented by Section 2.24.065 of the Carlsbad Municipal Code. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregoing recitations are true and correct. 2. That the City Attorney is hereby authorized, empowered and directed in the name of the City of Carlsbad as follows: A. To acquire the real property in the hereinafter described land by donation, purchase, or by condemnation in accordance with the provisions of Part 3, Title VI1 of the Code of Civil Procedure of the State of California. B. To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper courts -2- .. 1 2 3 4 5 6 7 8 9 10 33. I 12 9 19 20 21 22 - 23 24 25 26 27 28 having jurisdiction over such suit or suits, as are necessary to condemn said lands for such street widening and installation of a bicycle path and wheelchair access ramps. C. To make application to said court for an order, pursuant to Code of Civil Procedure Section 1255.410, fixing the +mount or amounts of such security in the way of money deposits as said court may direct to be made upon the taking possession of said lands by the City of Carlsbad and to take immediate possession and use of said lands for the purpose of constructing said street widening and wheelchair access ramps. D. To make deposit of such security out of proper funds under the control of the City of' Carlsbad in such amount or amounts so fixed and determined, and such manner as the Court. in which the condemnation proceedings hereby authorized are pending may direct. 3. That the parcels. of real property in which the City of Carlsbad by this resolution authorizes to acquire for street widening, a bicycle path and wheelchair access ramps are described as follows: PARCEL A: Located in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot G, Block "D" of Palisades, as shown on Map No. 1747 filed in the Office of the County Recorder of said County, described as follows: Beginning at the southerly corner of said Lot 6; thence northwesterly along the westerly line of said Lot 6 a distance of 10 feet;thence easterly in a straight line to a point lying on the southeasterly line of said Lot 6 and northeasterly 10 feet measured along said last mentioned line from said southerly corner; thence southwesterly along said southeasterly lot line to the point of beginning. EXCEPT therefrom any easements recorded for street purposes. -3- 1 .- .. 1 2 3 4 5 6 7 8 9 4 10 11 1.9 20 21 22 23 24 25 26 27 28 A PARCEL B: Located in the City 0% Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot 1, Block "F" of Palisades, as shown on Map No. 1747 filed in the Office of the County Recdrder of said County, described as follows: Beginning at the westerly comer of said Lot 1; thence northeasterly alofig the northwesterly line of said Lot 1 a distance of 10 feet; thence southerly in a straight line to a point lying on the southwesterly line of said Lot 1 and southeasterly 10 feet measured along said last mentioned line from said westerly corner; thence northwesterly along said southwesterly lot line to the point of beginning. EXCEPT therefrom any easements recorded for street purposes. PASSED, APPROVED AND ADOPTED at a regular meeting Of the Carlsbad City Council held on the 21st day of Auqust I 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Counci 1 wc;man Cas1 er NOES : None ATTEST: -4-