HomeMy WebLinkAbout1980-02-19; City Council; 6159-1; Acquisition of Tamarack Avenue extensionCITY OF CARLSBAD
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AGENDA BILL NO. /p /jT?~ ^^jCLfoJL^^L^± =* / Initial:
l/T/ Dept.Hd.
DATE: _ . February 19, 1980 _ _____ n- " - - -i-i.-...- - - - - . .- _..i_i. -i- -i _....-.. -.!___•— I
DEPARTMENT: City Attorney _ C. Mgr
Subject:
ACQUISITION OF TAMARACK AVENUE EXTENSION
Statement of the Matter
The City Council, at its February 5, 1980 meeting, approved
a minute motion agreeing that the City will assist Lake
Calavera Hills in the acquisition of the required rights-of-
way necessary for the Tamarack Avenue extension. Accordingly,
Lake Calavera Hills has sent to the property owners a final
offer for acquisition of the necessary easements. To date,
they have received no response to that final offer. The first
step prior to the initiation of the condemnation proceedings
will be to approve the attached agreement between the City
and Lake Calavera Hills Associates for payment of the required
attorney and processing fees for the condemnation action.
Exhibits
Resolution No. (j. 0^,5" approving an agreement between the
City of Carlsbad and Lake Calavera Hills Associates.
Letter from Ronald W. Rouse, Esq. to Norman Vetter, Esq.,
communicating a final offer for acquisition of the easements.
Agreement between City of Carlsbad and Lake Calavera Hills
Associates.
Recommendation
If the City Council concurs, adopt Resolution No._6_Q_2jT~.
Council Action:
2-19-80 Council continued the matter to the meeting of March 4, 1980
3-4-80 Council adopted Resolution 6095, approving the agreement.
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RESOLUTION NO. 6095
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND LAKE CALAVERA HILLS ASSOCIATES
REGARDING THE ACQUISITION OF CERTAIN
EASEMENTS FOR STREET AND OTHER PURPOSES
TO BE KNOWN AS THE TAMARACK AVENUE
EXTENSION, PROVIDING ACCESS TO CERTAIN
SUBDIVISIONS LOCATED WITHIN THE LAKE
CALAVERA HILLS MASTER PLAN AREA AND TO
SERVE A SEWAGE TREATMENT AND RECLAMATION
FACILITY AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California
does hereby resolve as follows:
1. That the certain agreement between the City of
Carlsbad and Lake Calavera Hills Associates for acquisition
of certain road, sewer and other easements, to be known as
the Tamarack Avenue extension, providing access and certain
services to other subdivisions located within the City of
Carlsbad, a copy of which is attached hereto as Exhibit A
and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is authorized
to execute said agreement for and on behalf of the City of
Carlsbad.
PASSED, APPROVED AND ADOPTED BY the City Council of the
City of Carlsbad, California at a regular meeting held on
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the 4th day of March , 1980 by the following vote, to
wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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EXHIBI 0 RESOLUTION NO. 6095
LUCE, FORWARD, HAMILTON & SCRIPPS
CDC* ft A. LUCE
r. tuoon settles, JR.
IVOR- t&93
POST OFFICE Box 789
3I5O Pio Pico DRIVE
CARLSBAD. CALIFORNIA 92OO8
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POST orr.ct I"Q« 13?7
February 6, 1980
Norman L. Vetter, Esq.
FEIST, VETTER, KNAUF & LOY
810 Mission Avenue, Suite 300
P. O. Box 240
Oceanside, California 92054
Re: Your client: Virginia
Tamarack Avenue Extension Acquisition
Dear Mr. Vetter:
At the Carlsbad City Council meeting of Tuesday, February
5, 1980, the City Council considered the request of Lake
Calavera Hills Associates for initiation of eminent domain
proceedings for the acquisition of the Tamarack Avenue Extension
pursuant to my letter to the City of December 28, 1979, a copy
of which was forwarded to you. The City Council by minute
motion agreed that the City will assist in the acquisition of
the required rights of way and directed its staff to assist in
proceedings preparatory to eminent domain.
T think you will agree that eminent domain will be costly
to all involved and should be avoided if at all possible.
The purpose of this letter is to transmit once again
Lake Calavera Hills Associates' proposal for acquisition from
your client of the required rights of way for the Tamarack
Avenue Extension, reversible force main and related facilities
and public utilities pursuant to the conditions imposed by
the City in Calavera Hills Tract No. 76-12 and in the Sewage
Treatment Facility Precise Development Plan.
Lake Calavera Hills Associates offers to purchase the
required rights of way for the sum indicated by the appraisal
prepared by Anderson & Brabant, Inc., to wit $214,000. Lake
Calavera Hills Associates is prepared to pay said sum in
cash, or in the form set forth in Mr. Ward's
Robertsons of July 5, 1979, or in such other
reasonably be agreed upon by the parties for
tax or other benefits.
letter to the
form as can
your clients'
LUCE. FORWARD, HAMILTON 6. ' ?IPPS
Norman L. Vetter, Esq.
February 6, 1980
Page 2
Under the circumstances of the many previous contacts
through your office regarding this proposal and in view of
the February 5, 1980 City Council directions to its staff
to initiate proceeding preparatory to eminent domain, it is
necessary that we have your clients' reply to this proposal
no later than Thursday, February 14, 1980, »
/•'Very truly yours, ' /
: ,. .V ' /"/ '\/.:''^/,r.-i \L.~*~
Ronald V7. Ro
I it'"
Rouse
of
LUCE, FORWARD, HAMILTON & SCRIPPS
RWR:rn
cc: Dan Hentschke, Esq.
Mr. Roy Ward
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND LAKE CALAVERA HILLS ASSOCIATES REGARD-
ING THE ACQUISITION OF CERTAIN EASEMENTS
FOR STREET AND OTHER PURPOSES TO BE KNOWN
AS THE TAMARACK AVENUE EXTENSION, PROVID-
ING ACCESS TO CERTAIN SUBDIVISIONS LOCATED
WITHIN THE LAKE CALAVERA HILLS MASTER PLAN
AREA AND TO SERVE A SEWAGE TREATMENT AND
RECLAMATION FACILITY.
This Agreement is made this *J__ date of fr\ ftdiri r 1980
by and between the City of Carlsbad, California, a municipal
corporation (hereinafter called "City") and Lake Calavera Hills
Associates, a California Partnership (hereinafter called "Developer").
RECITALS :
A. Developer is required as a condition of Resolution
No. 5145 of the City Council of the City of Carlsbad, approving
with conditions, Tentative Map (CT 76-12) to dedicate and provide
certain improvements for the extension of Tamerack Avenue from
El Camino Real to certain property known as Lake Calavera Hills.
B. The acquisition and development of Tamerack Avenue
extension as an off-site improvement for the Lake Calavera Hills
area as defined in Master Plan 150-A, as approved by the City
Council in Ordinance No. 9571, is essential to provide access to
that area as well as to other surrounding areas, including a Sewage
Treatment and Reclamation Facility.
C. It is necessary that Developer secure said easement
and install improvements thereon and in accordance with specifica-
tions of the City of Carlsbad.
D. Certain portions of the Tamarack Avenue extension are
necessary for Developer to meet conditions imposed by the Precise
Development Plan for the development of a sewage treatment and
reclamation facility and all necessary appurtenances as approved by
Resolution No. 5871 of the City Council of the City of Carlsbad.
E. Developer has been unable to acquire by a negotiated
purchase the required easements for street and other purposes for
the Tamarack Avenue extension.«
F. The City Council of the City of Carlsbad has by
minute motion determined that it will lend whatever assistance it
deems necessary including future exercise of its power of eminent
domain to assist in the acquisition of the Tamarack Avenue
extension easement.
G. Following said action by the City Council, Developer
again offered to acquire said easements for the full market value.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and of the recitals, it is mutually agreed by and
between the parties as follows:
1. Developer agrees to retain outside counsel, Luce,
Forward, Hamilton & Scripps, to prepare and file on behalf of the
City all documents, pleadings and process necessary to acquire
the required easements through an action in eminent domain. Said
outside counsel will either be associated with the City Attorney
in the eminent domain proceeding, or will independently pursue the
eminent domain action on behalf of the City, as the City in its
discretion determines. Further, Developer agrees not to replace
Luce, Forward, Hamilton & Scripps without the City's consent,
which will not be unreasonably withheld.
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2. Developer agrees to pay directly all expenses, costs,
fees, and charges, including attorneys' fees for Luce, Forward,
Hamilton & Scripps incurred or charged in connection with both
the preparation and prosecution of the eminent domain proceeding,
and City shall assume no responsibility for said payments.
Provided however, there shall be no charge for City staff time.
3. It is understood and agreed that even though the City
is party plaintiff, it shall assume no fi.nancial responsibility in
said condemnation action and that as further proceedings are
required, outside counsel shall assume primary responsibility and
direction of any condemnation actions subject to any necessary
approvals of the City. The City agrees to cooperate and assist in
commencing and prosecuting said condemnation action in an expedi-
tious manner for the purpose of completing same as soon as reason-
ably possible in accordance with applicable laws.
4. As required, Developer shall retain at its sole expense
any appraiser, engineer or other expert witness, as mutually agreed
upon by Developer and City, to provide any necessary appraisal,
engineering or other information in a form suitable for use in con-
nection with said condemnation proceedings. Said appraiser, engineer
and any other expert witness required shall be paid directly by
Developer. City shall assume no responsibility for said payment.
5. Developer shall pay all amounts, plus interest, as
required by the Court in payment for easements to be acquired.
City shall assume no responsibility for said payments.
6. Developer hereby agrees to seek an order of immediate
possession for the real property necessary for the Tamarack
Avenue extension and related easements and comply with the legal
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procedures necessary therefor, including deposit of funds or
posting of security.
7. City retains the right to assume primary responsibility
for the subject litigation at any time and to prosecute it to
completion with all costs, including attorneys' fees, to be borne
by the Developer.
8. It is understood that prior to the initiation of any
condemnation proceedings, it will be necessary for the City in its
sole discretion to adopt a resolution of necessity for the acquisi-
tion of the property and to make the necessary findings as required
by law. The adoption of a resolution of necessity shall be a
condition precedent to any obligation of the Developer herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
Dated; W\gLxxjL I*.CITY OF CARLSBAD, a Municipal Corpora-
tion of the State of California
By
ATTEST:
RONALD C. PACKARD, Mayor
_/
ALETHA L. RAUTENKRANZ, City Clferk
STATE OF CALIFORNIA
|- COUNTY oF___Sj3n_Djeg.o
a r- _ i
CES, a
., before me, the undersigned, a Notary Public in and for a s
^ - — ~ • mA i jr t-^j I yOU
a said State, personally appeared KOy J. WflPQ
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| -own to me to be^nI^Fl^^7^^~ -
| - executed the within instrument and acknowledged to me tha, ^'"^" - -«»» ,«, mm
I -h partnership executed the same. 1^% CAROLT Dnn^ InC; . . -;, r\ L M . U (J U U o d
E I-:, - '^~)'l t'OlMY PUBLIC-CALIFORNIA ij
5 Vx-1' " JS PRIKCJPAL OFFICL' I6 V^WMNESS my hand and official seal.AN DIEGO COU
'i My Commission Expires August 19,
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Partner
Signature
Carol A. Dodds