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 '';- -'-'—•-''