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Home My WebLink About1979-12-18; City Council; 5203-4; LAND ACQUISITION EAST OF LIBRARYInitial : Dept-Hd- L C. Atty. (I 1) CITY OF CARLSBAD 5203 - Supplement $4 t AGENDA BILL NO. e DATE : DECEtIBER 18, 1979 DEPARTMENT: C ITY C LqNAGE3 C. Mgr. Subject : LAND ACQUISITION EAST OF LIBFARY Statement of the Matter On August 7, 1979, Council authorized the Nanager's Office to negotiate with two owners of vacant land east of the City Library. One of the owners, ?lr. Walter N. Anderson, has replied to the City's offer of $93,300 cash. His counteroffer is 1. $100,000 with cash of 29% by December 31, 1979 (by subsequent phone conversation). Balance of $71,000 to be paid not before January 15, 1980 2. and no later than Plarch 15, l9aO. 3. All monies payable without interest. 4. A legal survey of his remaining property. 5. 411 costs of acquisition to be borne by the City. Staff reconmends that Ilr. Anderson's offer be accepted, meeting his counteroffer of $100,300 9lus survey and costs. Staff is of the oQinion that a further attempt to negotiate this matter would result in failure and may necessitate Council using condemnation procedures which would far exceed the additional $6700 in the counteroffer. Exhibit Letter from Walter N. Anderson dated November 2, 1979. Recommendation If Clouncil concurs,instruct staff to take steps necessary to acquire the Qroperty Council Action: 12-18-79 Council directed staff to take necessary steps to acquire ct property as stated above. * LAW OFFICES OF & $ w7ALTER x. ANDERSON (213) 376-7971 ANDERSON THREE FORTY BUILDING MAILING ADDRESS (2131 772-2976 340 SOUTH SEPULVEDA BOULEVARD POST OFFICE BOX MANHATTAN BEACH, CALlFDRN MANHATTAN BEACH, CALIFORNIA 90266 November 2, 1979 Mr. William C, Saldwin, Assistant Cit / Manager City of Carlsbad 1200 Elm Avenue Carlsbad, Ca 92008 Re: 4cquisition unimproved parcel 2987 Hiqhlajid 4venue, Carls bad, Ca. Dear Mr. Baldwin: Responding to your letters of October 5, 1949, October 18, 1949, and suppleme to our telephone conversation of October 29, 1949, submitted herewith for the City's consideration is a preliminary counter proposal which should, hopefully. resolve the property acquisition, pendi2g at various staqes, according to my fi since 1977. For your information, the preliminarv determination is based up03 mdr experie as qeneral counsel for two municipal corporations for a period in excess of thi five -rears, plus retainers as special counsel for man.. other cities in Southern California, which included matters concerning eminent domain proceedirgs at c stages, iiicluding the trial thereof, and negotiated governmental acquisitions. We have reviewed the provisions of Title 25, _4rticle 6, Sections 6180-6198 in- clusive of the California Administrative %Code, California Constitution Article I Section 19, Government Code Sections 37350. 5 to 43424, inclusive, and the applicable provisions of the Code of Sivil Procedure for the State of California, Sections 1230.010 to 1273.050, and have concluded that the City, without quest # a WILLIAM C. BALDWIN Assistant City Manager City of Carlsbad November 2, 1979 PAGE TWO Re: 2987 Highland Ave. according to law, mav exercise its power either by negotiation or by eminent domain proceedings to acquire the subject unimproved parcel of real property. Careful examination of comparable sales in the general area has been made prusuant to the appraisal report heretofore forwarded to the undersigned, and our conclusion is that it was most difficult for the City's appraiser to find any real property that is comparable to the subject property, and, apparently omitted from the comparable sales was a large parcel just across the street or on the South side of Elm Avenue, which we understand was sold for at least twentv-five cents a quare foot. On the other hand, by reason of the option to retain "the old family homestead", it becomes persuasive as to our counter proposal and the suggested terms and conditions which we submit, as follows: 1. PRICE: $100,000.00, for the unimproved parcel generally describe in the City's letter of August 30, 1979. 2. TERMS: 29% or $29,000.00 payable on or before December 15, 197 the balance of S71,OOO. 00, to be paid not before January 15 1980, nor later than March 15, 1980, andall said sums payable shall be without interest. 3. The unimproved parcel, as well as the remainder, should be surve? by the City, and perrnaqent markers installed, so that we would be assured of the R-1 building site on the remainder of 10,000 square feet. All costs of azquisition on the transfer to be borne by the Citv, 4. - I - .. e 0 c* WILLIAM C. BALDWIN City of Carlsbad Re: 2987 Highland Ave. November 2, 1979 PAGE THREE A s s is tan t C i t y Mans ger pursuant to Title 25. Article 6, Section 6192 of the California Administrative Code. Should there be any matters of concern to the City which we have omitted, plez feel free to call us at dny time and we shall be pleased to discuss the matter ai a time and place convenient to your office. .-_ I hanking you for your interest in this matter, I remain fl Very trQ1y yours, WNA:jd