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HomeMy WebLinkAbout1980-02-05; City Council; 6159; Acquisition of Tamarack Avenue extensionCITY OF CARLSBAD AGENDA BILL NO. { Q / ,5~9 _ _ Initial: Dept.Hd. DATE: _ February 5, 1980 _ C DEPARTMENT: _ City Attorney _ _____ C. Mgr. Subject: • ~ ~~ ACQUISITION OF TAMARACK AVENUE EXTENSION Statement of the Matter By a letter to the City Manager, dated Decemeber 28, 1979, Lake Calavera Hills has initiated a request of the City to participate in efforts to acquire the required rights-of-way for the Tamarack Avenue extension, reversible force main, and related facilities pursuant to conditions imposed by Calavera Hills Tract 76-12 and Precise Development Plan (PDP-2) for the satellite sewage treatment facility. The Manager has requested that our office handle the matter. The matter is now before Council to obtain Council assent to whatever steps are necessary to assist in the acquisition of the easements. If Council approves, the first action will be for the Developer to make a final offer for acquisition of the proposed property. If that is unsuccessful it will be necessary to return to Council for consideration the appropriate resolutions of necessity and the execution of an agreement between Developer and City whereby Developer will assume all costs for any necessary condemnation action. The package of material from the Lake Calavera Hills' attorney, regarding the history of acquisition attempts to this date, is attached. Exhibits Letter from Ronald W. Rouse, Esq. to Daniel Hentschke, Esq. dated January 9, 1980, with attachments numbered 1 through 5, Recommendation By minute motion agree that the City will assist Lake Calavera Hills in the acquisition of the required rights- of-way and direct staff to lend the necessary assistance. Council Action: 2-5-80 Council approved staff recommendation. EDGAR A. LUCE I8S1-I956 F. TUDOR SCRIPPS, JR. I90S-I963 LUCE, FORWARD, HAMILTON & SCRIPPS POST OFFICE Box 789 3I5O Pio Pico DRIVE CARLSBAD, CALIFORNIA 92OO8 (714) 439-5200 January 9, 1980 SAN DIEGO OFFICE MO WEST A STREET SAN DIEGO, CALIFORNIA 92IOI [714| 236-1414 LA JOLLA OFFICE 450 LA JOLLA FINANCIAL BUILDING POST OFFICE BOX 1377 1200 PROSPECT STREET LA JOLLA, CALIFORNIA 92O3S |7I4] 459-4OH Daniel Hentschke, Esq. Assistant City Attorney 1200 Elm Avenue Carlsbad, California 92008 Mr. Les Evans City Engineer 1200 Elm Avenue Carlsbad, California 92008 HAND DELIVERED Re: Initiation of Condemnation Proceedings for Acquisition of Tamarack Avenue Extension, Sewer and Public Utility Easements Gentlemen: As a followup to our meeting this morning, I am forwarding to you copies of the correspondence and M.A.I, appraisal regarding Lake Calavera Hills Associates' efforts to acquire by negotiation the required right of way. Those items attached hereto are as follows: 1. July 5, 1979 letter to Mr. and Mrs. Robertson from Lake Calavera Hills Associates constituting an offer to purchase. 2. The October 23, 1979 Appraisal Report by Anderson & Brabant, Inc., concluding full market value for proposed easement of $214,000. 3. November 7, 1979 letter to Robertsons' attorney, Mr. Norman L. Vetter, confirming offer of full appraised value in cash or on other terms reasonably to be agreed upon between the parties. 4. November 29, 1979 letter to Robertsons' attorney, Mr. Norman L. Vetter, requesting a reply to the full appraised value offer. 5. December 28, 1979 letter to City Manager, City of Carlsbad, requesting initiation of eminent domain in the face of the Robertsons' failure to reply to the previous offers of purchase. The foregoing are the primary documents demonstrating the good faith efforts on behalf of Lake Calavera Hills Associates to negotiate acquisition of the required right of way. Should either of you have any questions regarding these items, please do not hesitate to call me. ^^—x ^-~ Very/truly yours, RWR:rn Atts. cc: Mr. Roy Ward tonald W. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS July 5, 1979 Mr. & Mrs. Everett Robertson 3656 El Camino Real Carlsbad, California 92008 Dear Mr.& Mrs. Robertson; This letter constitutes a proposal by Lake Calaveras Hills Associates to acquire on behalf of the City of Carlsbad a dedication of right of way for the extension of Tamarack Avenue North eastward over lands owned by Virginia Robertson et al, to the property owned by Lake Calavera Hills Associates. The dedication of right of way to the City of Carlsbad was made a condition of an approved tentative Map 76-12 in August of 1977 as part of the Master Circulation System of the City, and of Master Plan 150-A. The proposed right of way, as per plans and specifications submitted to Mr. & Mrs. Robertson will include the full width development of the street section, curbs and gutter, sidewalk one side, storm and drainage cross gutters, drainage channel the length of the improvement, a 10" sewer force main to enable sewer service availability to the Robertson properties; water service, slope planting and irrigation system and concrete tractor crossing section to accomodate agriculture implements. All improvements will be constructed and completed at no cost to the Robertsons. For the dedication of the right of way for the Tamarack extension to the City of Carlsbad, the legal description of which is attached hereto as Exhibit "A" Lake Calaveras Hills Associates proposes the following compensation to the Robert- sons for the right of way dedication: t Atrr-^A. A,,r~,-,A ¥¥1¥ ,,<_ 3088 Pio Pico Dr., Suite 201 • Carlsbad, Ca. 92008 - (714)729-4912 LAKt CALAVhKA HILLS 4321 Birch Street • Newport Beach, Ca. 92660 • (714)549-2988 (.. Robertson Proposal July 5, 1979 Page 2 Lots 29, 30, 31, 32 and Parcel A in Tract 76-12 which are all contiguous to Robertson land, (two of which could be re-sub- divided with the mapping of the Robertson lands adjacent to Tract 76-12) . Estimated value of said lots fully improved, before resubdividing, is TWENTY FIVE THOUSAND DOLLARS each. In addition, Lake Calaveras Hills will pay FIFTY THOUSAND DOLLARS ($50,000) cash or in the form of an installment note to facilitate an installment sale or a tax deferred exchange of the right of way property of the Robertson's for the land of Lake Calaveras Hills Associates. Since the land required for the right of way is in what will be permanent open space corridor according to the City general plan and therefore undevelopable, the valuation for the proposal was based on that use and not on the basis of it being developable. I would appreciate the opportunity to discuss with you and your counsel all of the aspects of this proposal with you within '.the next ten days. Very truly yours, Roy J. General Partner ab enc NOTE The appraisal report is available to the City Council in the City Attorney's office. The subject property has been appraised at $12,000 per acre with no severance damages. 17.83 acres is necessary for the project with a value of $214,000. LUCE, FORWARD, HAMILTON & SCRIPPS THE: BANK OF CALIFORNIA PLAZA t< ..on* pmcc no WEST A STREET '"j^b.TlHS SAN DIEGO. CALIFORNIA 92IOI "'*'•»'••*" HpRTH COgNTT OfflCC »7I«) 236-!•*!•* «JT orr-ct .o, 7» 3>5O MO PICO DHlVC November 7, 1979 Norman L. Vetter, Esq. • Feist, Vetter, Knauf & Loy 310 Mission Avenue/ Suite 300 Post Office Box 240 Oceanside CA 92054 Re: Your Client: Virginia Robertson Tamarack Avenue Extension Acquisition Dear Mr. Vetter: We understand that you have been provided with a copy of the appraisal of the property interests required for the extension of Tamarack Avenue pursuant to the. Lake Calavera Hills master plan and related City of Carlsbad approvals. The appraisal was completed by M.A.I, appraisers mutually agreed upon by the parties. This will confirm that Lake Calavera Hills offers to pay to Virginia Robertson for the interests the sum indicated by the appraisal, either in cash or in the form set forth in Mr. Ward's letter to the Robertsons of July, 1979, or in such other form as can reasonably be agreed upon by the parties for your client's tax or other benefit. We look forward to meeting with you and your clients to discuss this matter further so that we can reach a decision as to whether the matter can be settled promptly without litigation or whether condemna- tion will be necessary. Thank you for your continued cooperation. Very truly yours, LUCE, FORWARD, HAMILTON & SCRIPPS By: Louis E. Goebel LEG/mjh cc Roy Ward ..«„..«,« LUCE, FORWARD, HAMILTON & SCRIPPS BANK Or CALIFORNIA PLAZA *IO LA JOLLA FINANCIAL HO WEST A STREET ro" orric£ »« SAN DIEGO, CALIFORNIA 92IOI (7i-v> 23S-IAI-* w^Riy.5ey±jjiT_pfTics POST Off-CL. »OX ?•• JiSO HO PICO DMIVC C**»L5**0, C*lt'On*)IA 9tOC (7l4t 43«- S»OO November 29t 1979 Norman L. Vetter, Esq. • -, -_ Feist, Vetter, Knauf & Loy l r -• 810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside CA 92054 Re: Your Client: Virginia Robertson Our Client: Lake Calavera Hills Associates Dear Norm: Roy Ward and I met with you some time ago regarding our final offer in regard to the acquisition of the Tamarack Avenue right of way. At that time, we requested an early response from your client regarding the prospects of negotiating a settlement of that matter. Since then, we have not heard from you. Would you please favor us with an indication of whether there is a basis for further discussion or whether we should assume that legal action will be required. I would very much appreciate some form of status report on this matter by Wednesday, December 5, 1979. Thank you for your continued cooperation in this matter. Very truly yours, LUCE, FORWARD, HAMILTON & SCRIPPS V- By: Louis E. Goebel LEG/mjh cc Roy Ward LUCE, FORWARD, HAMILTON & SCRIPPS POST OFFICE Box 789 "u"i".'ci.7'-J"- 3150 Pio Pico DRIVE . „<,.•.,.„.«. CARLSBAD, CALIFORNIA 92OO8 • i. * JOLI* O'»tCf December 28, 1979 Mr. Wayne Dernetz fJ/;..v^ $ c.lu w-( vA City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Lake Calavera Hills Associates' Request for Initiation of Eminent Domain Proceedings for Acquisition of Tamarack Avenue Extension Calavera Hills Tract No. 76-12 Sewage Treatment Facility PDP-2 Dear Mr. Dernetz: The purpose of this letter is to request the City of Carlsbad to initiate eminent domain proceedings for the acqui- sition of the required right of way for the Tamarack Avenue extension, reversible force main, and related facilities pursuant to conditions imposed by Calavera Hills Tract No. 76-12 and Sewage Treatment Facility PDP-2. This request is made of the City of Carlsbad after many, many months of unsuccessful efforts to negotiate the purchase of the required right of way from the owners, Everett and Virginia Robertson. Lake Calavera Hills Associates have exhausted all reason- able avenues to negotiate an acquisition of the required right of way. In July, 1979, Lake Calavera Hills Associates made a formal written offer to purchase the right of way. The offer made was $50,000 cash plus the exchange of property contiguous to the Robertson holding conservatively valued in excess of $100,000, with manner of payment flexible, including tax deferred exchange, as required by the Robertsons to assist in minimizing tax consequences to them. That offer went unaccepted by the Robertsons. Thereafter, negotiations continued with Mr. Norm Vetter of Feist, Vetter, Knauf & Loy, the attorneys for the Robertsons. In October, 1979, an M.A.I, appraisal firm, Anderson & Brabant, Inc., mutually selected by the Robertsons and Lake Calavera Hills Associates, was retained to do a full appraisal of the required right of way acquisition for the extension of Tamarack Avenue, Luce, FORWARD, HAMILTON & RIPPS ' • " -Mr. Wayne Dernetz December 27, 1979 Page 2 reversible force main and related facilities. The appraisal, dated October 31, 1979, was prepared and signed by Mr. James Brabant, M.A.I., and concludes that the fair market valuation of the proposed acquisition is $214,000 and no severance damages are involved. The appraisal was undertaken at the expense of Lake Calavera Hills Associates. Upon receiving Mr. Brabant's opinion of market value, Lake Calavera Hills Associates then offered the full appraised value of $214,000 to the Robertsons, either in cash or in some other form as can be reasonably agreed upon by the parties for the Robertsons' tax or other benefit. The Robertsons were also provided with a copy of Mr. Brabant's appraisal report. Despite having received the full appraised value offer over two months ago, and despite repeated efforts by this office to obtain a response or reply to the offer, the Robertsons have failed to communicate any reply or response whatsoever. The Robertsons' silence speaks louder than words as a rejection of the full appraised value offered for their property. Inasmuch as acquisition and improvement of the Tamarack Avenue extension, reversible force main, and related facilities are express conditions of Calavera Hills Tract No. 76-12 and the Sewage Treatment Facility PDP-2, early acquisition and improve- ment is imperative. Lake Calavera Hills Associates requests the City of Carlsbad to immediately initiate eminent domain proceedings for acquisition of the required right of way. Should the City of Carlsbad desire any of the supporting documents, letters, or the October 31, 1979 appraisal report, please do not hesitate to call me, and I can have those materials immediately delivered to your offices. We would respectfully request your early attention and calendaring of this matter. If there is anything Lake Calavera Hills Associates or this firm can do to assist in expediting the acquisition, please let me know. FORWARD, HAMILTON & SCRIPPS Attorneys for Lake Calavera Hills RWRrrn Associates cc: Mr. Vincent Biondo-., , ,- r f Mr. Norm Vetter lX" '"A '';- -'-'—•-''