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HomeMy WebLinkAbout1980-03-18; City Council; 5182-14; CARLSBAD BOULEVARD STREET WIDENING RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIESe e .. . .*. .. !fi-i i.1,: i : kpt; I i<,;Gij -.-I.. * .._..____. )r :\ G f- i.1 Q p. !j i I. i. i.j :: , 5182 - Supplement Yo. 14 1. I) P, -; L : -. -. ._--..._ _I---I. I -X--._--__C1.-.. ._.___-.__ ___ - .._______ -_ _.._-.-_ - .] ?-J I;, Atly -22-1 L. Engineering c. KCjr. ~-.---_ a0 Plarch 18, 1980 .. * ."._ - --... -- Ir_._._ -.__.____I__ -__________._..___.- _-_____-._ -_ -----.- -- --.- *.._c_-__I -.-... ~ .-.---x -- --._._ . .-. .. . ..-.- ~.. _______- --.--.-_..---. _-. --_._ .._...-.___.______-.--I_-_II__-_- ~ ______________-_._._ _______ __._ .-- CAlUSBAD BOULEVARD STREET WIDENING RESOLUTION AUTHORIZII4G C0NDEV"TION OF CERTAIN PROPERTIES f. l:[{,jEc-i * 4 u ,I -.-.I_---..-.- -.--- -....__--,--_--~-----.---I ~ .I__-_ ~ __,.___,_____-_____ ~ ___I___^___ , STATEPENT OF T€E IIATTER At their meeting of April 3, 1979, the City Council approved the taking' of additonal rights-of-way on Carlsbad Boulevard to accommodate 20-foot radius curb returns. The widening Froject is now complete, although one of the. parcels of right-of-way has not yet been acquired. of-way consultant has indicated.that the remaining parcel will have to be condemned. Boulevard. The City's right- The parcel is located on the corner of.Fkple and Carlsbad .. EXHIBITS 1. 2. Letter from Consultant in Sunnort of the Need to File a Condemnation Staff Report - Carlsbad Boulevard Street Widening. Action. Resolution No. j0 / ! 7 , Authorizing Condemation of Certain Properties for the Wideni=arlsbad Boulevard and the Installation of a Bicycle .Path and Nheelchair Access Ramps. 3. 4. Notice to Property Owners. ECOP@ENDATION Adopt Resolution No. /g !! 3 . Council Action: 3-18-80 Council adopted Resolution 6119, authorizing condemnation of certain prop for the widening of Carlsbad Boulevard-and the installation of a bicycle patch and wheelchair access ramps, with condition that staff continue to meet with the parties involved. < b e e bFJ IoIzANDm4 i' TO : City Manager FROM: City Engineer +Q DATE : ?krch 7, 1980 SUBJECT: CARSLBAD BOU1,EVARD STREET WIDENING As you know, we are finally nearing actual completion of the long-awaited Coastal Bicycle Route. the benefits which we expect to receive from the project. Public Interest and Necessity The most significant aspect of the project is increased safety. Boulevard is ix-esently characterized by a high number of automobile accide in the Elm Avenue to Tamarack Avenue section. In the last six months, ove 35 accidents have occurred in this one-mile stretch of road. The accident are predominently of the rear-end tme caused either by automobile slowing to make right turns onto narrow side streets or by cars slowing or stoppi 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 stree 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. Through these improvements, we anticiapte a 30% reduction i the number of rear-end accidents on Carlsbad Boulevard. The project does, of course, center around the construction of a bicycle route. I thoughtit might be appropriate to review with YOI Carlsbad 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. beach parking and helps reduce traffic congestion and air pollution. The nroject will include new curb, gutter and storm drain inlets that will help eliminate serious drajnage problems along the east side of Carlsbad Boulevard between Walnut and Tamarack Avenues. Finally, the project will provide for wheelchair access ramps in accordanc with the San Diego County Regional Standards at all intersections in the street widening area. required by !State law as part of any new construction. 3. Promote an important alternate transportation mode which conserves These ramp are not only desirable, but are also \* e x+ -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 Strec 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 thirteen small parcels of property (approximate 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 takj of additional right-of-way to accommodate 20-foot raduis curb returns. The Council made their decision after considering the following informati01 At their April 3, 1979 meeting, under 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 minim 20-foot curb return was acceptable. 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. An additional 5 feet Design and Location Most Compatible with Greatest Public Good and Least I Private Injury At their April 3, 1979 meeting under Agenda Bill No. 5182 - Supplement No. the City Council considered alternatives to the taking of additonal right- way. The alternatives considered were: 1. Providng ramps to accomnodate wheelchairs crossing the side stree only and not Carlsbad Boulevard. 2. Locating wheelchair ramps at the beginning and end of the curb Taking right-of-way on a radius rather than a tangent (triangle). return rather than in the center. 3. a e - 3- Councilman Skotnicki responded to the question of denying wheelchair access to cross Carlsbad Boulevard andminted out that it would be improper to do The basic problem of locating the ramp, is its size. The law requires a maxim slope on the raq of 1" of rise per foot. The Regional Standard a1 requires the sidewalk in the vicinity of a ramp to be at least 7 1/2 feet w No matter where the ramp is located, the required property acquisition is substantially the same. Even taking the right-of-way on a radius rather th a tangent makes no appreciable difference. The property which has been identified for taking, is a triangular parcel 10 feet by 10 feet by approximately 14 feet in area and consisting of about 50 square feet. The City has agreed to relocate the decorative wall locate in the parcel. The 50 square feet will be utilized for sidewalk and wheel- chair ramp purposes. Les Evans City Engineer LE :mmt 4/7/80 L MacFARLANE and PlPPl P , Associates a .. 4434 30th STREET, SUITE C SAN DIEGO, CALIFORNIA 9 2116 (714) 280.6470 February 29, 1980 Mr. William C. Baldwin Assistant City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Coastal Bike Route, Parcel 12A - Condemnation Action Dear Mr. Baldwin: The following information is offered in support of the need to file a condemnation action in order to acquire the (corner rounding) street easement effecting the undivided 1/2 interest in Parcel 12A (Johnson). 1. October 1, 1979 - Initial offer letter, copy enclosed. 2. October 30, 1979 - Follow-up telephone call completed to Mr. Johnson. Mr. Johnson refused to sign easement based upon safety considerations. 3. November 2, 1979 - Follow-up letter, copy enclosed. 4. November 14, 1979 - Follow-up telephone call completed to Mr. Johnson. Mr. Johnson indicated he would reconsider signing the easement. 5. November 23, 1979 - Follow-up telephone call completed to Mr. Johnson. Outlined three (3) alternative proposals whicl had City Engineer's endorsement. 6. November 26, 1979 - Fo!.low-up letter, copy enclosed. 7. December 3, 1979 - Follow-up telephone call completed to Mr. Johnson. Mr. Johnson indicated he would now move ahead on Alternative No. 3, as outlined in my letter of November 26, 1979. 8. January 3, 1980 - Follow-up telephone call completed to Mr. Johnson. Mr. Johnson indicated he had not conferred wil the co-owner (Butler) as to his acceptance of the City's drawing and taking responsibility for the reconstruction of the improvements. Bill MacFariane and Carl Pippin Real Estate Brokers, Appraisers and Consultants C L 0 e 1. Coastal Bike Route, Parcel 12A Condemnation Action February 29, 1980 9. January 14, 1980 - Follow-up telephone call completed to Page 2 Mr. Johnson. Mr. Johnson had not met with Mr. Butler as yet. Mr. Johnson. Mr. Johnson indicated he was of the opinion he was entitled to the total consideration. 10. January 28, 1980 - Follow-up telephone call completed to 11. February 1, 1980 - Follow-up letter, copy enclosed. 12. February 12, 1980 - Follow-up telephone call completed tc Mr. Johnson. Mr. Johnson indicated that he and Mr. Butler had not reached agreement. 13. February 21, 1980 - Follow-up letter, copy enclosed. Based upon Mr. Johnson’s numerous delaying actions, there is lit likelihood that he will follow through with his commitment. It my opinion that a negotiating impasse had been reached by Febru; 12, 1980. Very truly yours, :>a=--. - %. \ \“$I 4 -“ / t 4’ ‘I 4 k‘. (i k.1 ClZ ;C;iC--Cc^rI*-c .. \---- -..s ~ Bill MacFarlane Consultant BM/vcf Enc lo sur e s ,.- -T'f-fis\vw,\ , \/ , -, \ <Z{$ 4L- (32L mh W LC> . .. , ,.. e?-$ L--,,~L c! I II riii, . ;!33 3c:h STREET, SUITE C Skri DIEGO, CALIFORNIA 9 2116 (7141 21306410 October 1, 1979 - .. -, . I. -., x- ~-. . L QL ~ r_ . .. 438 - b-7 5 '$ , .- - *\ . - Mr. and Mrs. Lloyd M. Johnson 15521 Dalmation c -.).-a .. La Mirada, CA 90638 7. .'-,l-, - Re: Coastal Bike Route, Parcel 12A Dea; Mr. and Mrs. Johnson: The City of Carlsbad is prepared to make an offer to acquire fifty (50) square feet of your property located at Maple Ave- nue and Carlsbad Boulevard. This property is required for a street right-of-way corner rounding in connection with the Coastal Bike Route Improvement project. The easement area to be acquired is colored in red on the enclosed drawing. The City of Carlsbad 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, based upon the appraiser's fair market value estimate, is $1,450, and is subject to the City Council's acceptance of the enclosed easement deed free and clear of all encumbrances. If the offer of $1,450 is acceptable to you, please sign the document on the lines marked by a red "X", exactly as your names appear under the signature lines. Your signatures must be notarized by a Notary Public. Upon execution and notariza- tion of the easement deed, please return same in the enclosed self-addressed envelope. In view of the fact that the property is subject to two condo- minium ownership interests, the consideration of $1,450 must be shared on a 50/50 basis. Payment of your share ($725) will be made to you by the City of Carlsbad upon the lender signing a subordination agreement. I would appreciate hearing from you by October 15; 1979. Should you need additional time in which to consider this offer or have questions regarding the project, please call me at (714)280-6470 Sincerely, -L -.\-".A . ).-! , . .- -_ r , r-? . ,- ' -.. _. . - -* li /' ;,Q i?i&a&A~CL~ Bill MacFarlane Consultant to City of Carlsbad BM/vcf . Enclosures B I ':2cFarizTie a:: C,jrl Pl;;iq Fez1 Es'=!e Ac?-zlse-s --IC' Cr~su m .' m. .I * . -8 . APPMISAL SUFWARY STATEI'?ENT OWNER:L\+ - M. &~ms=Lz -n A PROJECT: - naris \=. J&+-&u* CQG.&O\ %\be \L PROPERTY ADDRESS : \(os02 b\a\- q-y&rcQ Rvvv-L- e- PARCEL: \?& DATE ACQUIRED: PRESENT USE: ---- Ce \F- v-14 0 5 ;* 9 07 Q \ ASSESSOR PARCEL: 3,s4- \42-a-7- a\ \ LQcl -. J EGAL DESCRIPTI N: Cant bm\m\UAfn5 1 \ %,%a 5Luua BEST USE: Tcs;c)\ em 4 iSGY\r;OY% CL c \C*CF GM ?arc=\ Ma\ bk26c4 ZONE: I<--?? : &+bP3dry AREA TO BE ACQUIRED: L&A&; g\e - IlQ mAy Rec;BF.yih.;a\ 4,WrG %+\. gk- sc3 \ TOTAL PROPERTY AREA: Market value of the required property is: kb \,AT Lmcj: \ 76 ,q"'- e %23Fa/-\Q. c & lC\5c C-fiqCzLM d&. [- P enct 35CLi-200 1-Q Gcc.L--. h cawec 5Q The market value of the property being purchased is based upon market value appraisal prepared in accordance with accepted apF sal procedures. Valuation of your property is based upon an an locality with consideration of the highest and best use for dev of the property. Amount of damages to remaining property due to City's acquisiti is: An analysis of the proposed acquisition and construction consid is advantages and disadvantages results in no damage lawfully c pensable to the remaining property. of recent sales of comparable sites and similar properties in t P4n- Total payment is: &\J4%a-+2= This summary is the basis of the amount offered as just coinper,s is prepsented in compliance with federal and state law znfi has derived from a formal appraisal which includes supporting salcs and other documentation. I t; 3 t, ' <! I' r; I + \ , k: bi *'\ % T' 2 - $; [I 4 -? 3 k( / 'I \. \ -w I I I I $ N 3 9'32 24"W I 1 i '. \ 46/83' ?csK-J 2% F \ 4; r, - I >- e" b 1 5jL _A 1' ' . I */ ,* ,-- I- <::- - v , - ,?-, ' bJ /; 6. rf-, ' ,:I ,'/,I' 2 I? '# ";( dl \-h ;.>- -------fy L-) 'n4 c #, 'x , - -- f\J 1 nJ J- d\ b. >-; 0'0 i ti a \ "I n G, TJ YaLcc\ ZA 1 \ / / - I t I I - ,',I. .I \OI,II~ l'iii~lic iti 1 ;.< .111'11 ~~ ~ ~~-~ ..~ ~ ~~ ~- ~- - ~~~ . ~~ -~- ._ - ~~ ~- ~~. ~~ -- . . _, k:lfIMl! 10 Ill? 18, !u 1111. p'l.<lll t\li!w. iidiiii'. .. -111)ci I ilic4 to I!IV \i itltiii i::.iiii:!g(,iit AI!([ ;II ki~,o\\lt.~i:t~tl tIia1. - ~ I \ci iitcii the -\IIIIP. -~~ --. - ._~~ ~~-- ~. -.. ~ -~ Siyi:?tiire (if Si3tni-y 6 FOR NOTARY SEAL OR. STAMP .4.>r>.oI..s l'.ii.(~.l Yo. ............... ~_.__ e - ,I -’ rii l I,<, P,>W . I ..? I- ‘717 25M170 ?::-, STPEEET, S:,iTE C , CAL!F~;~’IIA 91116 November 2, 1979 Mr. and Mrs. Lloyd M. Johnson 5031 Tierra Del Oro Carlsbad, CA 92008 Iie: Coastal Bike Route, Parcel 12A Dear Mrs. Johnson: On October 30, 1979, you indicated that you and your husband were refusing to accept the fair market value consideration for the corner rounding easement. Your refusal was based upon the opinion that the construction of the corner rounding would jeo- pardize the safety of your residence due to the proximity of the new alignment. You did indicate that you an? Mr. Johnson were in favor of the bike route project. It is with that thought in mind that I have enclosed a plot plan of the typical curb return. I would like you to note that the area of the taking (50 square feet), which is shaded in yellow will be utilized solely for the re- construction and placement of new sidewalk. The new curb line is shaded in blue and falls well outside the area of the taking. The old curb line is shaded in red. Even though the new curb line is in closer proximity to your property, the new design provides for a safer turning movement. You will recall you were very specific in your reference to cars executing a left turn onto your side street, and if losing control, would be the most probable candidate for this kind of occurence. I am of the opinion that the City of Carlsbad can effectively mitigate your concern over the entry of an automobile onto your property by replacing the decorative, reinforced concrete posts which would be structurally satisfactory to you and Mr. Johnson. I would appreciate your reconsidering the conveyance of the easement on the basis of mitigating the danger to your property. Sincerely, 5;&\uq;mQ%+L Bill NacFarlane Consultant to City of Carlsbad EM/vcf cc: City of Carlsbad Bill ’.‘icFarl,ie ,rd Carl Pippin a”- c -1-1- * ^_._ - - ^i ,. . 8. .^ - - .I . ,a - e., . - - 'b '. ./- * . .. .'.I . *- I. . - - - I -.- . _- - - - - - .. .. -.. . ---- .. '1 GiP&' -'.Pa/mJ ~~,~~ ;.. ... ..-~~. _. ... /&GvG-KL - '_.. _.__. 11.. - .. ~~ , ... . - .. ---. /K .. - .--.---- - ._ . \ -jp/L-J.. .._ .._L .-. -.- /l'5' L'+" b 4 2 on the basis of your ability to obtain the contractor who ori nally built the decorative post and supporting border wall. Yo indicated that you would like to have until December 3, 1979, t A 0 e Coastal Bike Route, Parcel 12A Page 2 November 26, 1979 this letter to Mr. and Mrs. Barney L, Butler and Mrs. Claire Greene. The selected alternative should be agreed to by both parties. Very truly yours, 7- 2- \ -4 Bill Y+A&&~ MacFarlane k- aQ-Y--4!L- Consultant to City of Carlsbad BM/vcf cc: Mr. and Mrs. Barney L. Butler and Mrs. Claire C-reene Les Evans, City Engineer City of Carlsbad $ a 1,' ICIARLANE arid PIP @ Associates 4434 3dti7 STREET, SUITE C SAN DIEGO, CALIFORNIA 9 2116 (714) 230-6470 February 1, 1980 Mr. and Mrs. Lloyd M. Johnson Carlsbad, CA 92008 5031 Tierra Del Oro Re: Coastal Bike Route, Corner Rounding Easement, Parcel 12A Dear Mr. Johnson: . As a follow-up to our telephone conversation of January 28, 19E I wish to confirm that you expressed agreement with the propos: that the City of Carlsbad be responsible for the reconstructior of the decorative post and supporting border wall structure. On the basis that the City of Carlsbad has agreed to be respon- sible for the reconstruction of the corner decorative post and supporting border wall structure, the consideration has been ac justed accordingly. The revised offer is $1,200 and payment tc each undivided one-half interest is $600. In order for the City of Carlsbad to proceed with an award of i contract, it must hzve the easement interests recorded. Even though your position regarding entitlement to all the consider: tion has merit, payment of the consideration must be made to e: vesting interest on the basis of an undivided one-half interesl I sincerely trust that you and Mr. Butler will resolve the matt of compensation and that you will both sign your rcspective easements and forward them to my office. Sincerely, ',,, /--- l/ .,cpAi:\cQ c~d~~rLvlL Bill MacFarlane Consultant to City of Carlsbad BM/vcf 5 11 ':<cFar'a ,e and Carl ?i?p n Rerl Es'rtQ C,rc~ers, Cppraisers and Co~,su~t~.its e PhcFARLANE and PIP a ., Associates e 3434 30th STREET, SUITE C SAN DIEGO, CALIFORNIA 92116 (714) 280-6470 February 21, 1980 Mr. and Mrs. Lloyd M. Johnson 5031 Tierra Del Oro Carlsbad, CA 92008 Re: Coastal Bike Route, Corner Rounding Easement, Parcel 12A Dear Mr. Johnson: In view of the fact that I have not received a response from yo1 regarding my letter of February 1, 1980, and my follow up tele- phone conversation of February 12, 1980, I must conclude that wc have reached a negotiating impasse. Assistant City Manager of the City of Carlsbad that the City Council authorize a condemnation action in order to acquire the 50 square foot corner rounding. On the basis that you were willing to convey the easement for t: consideration set out in my letter of February 1, 1980, the Cit, of Carlsbad was willing to reconstruct the corner decorative PO, and supporting wall structure. Since the City must acquire the corner rounding by condemnation action, it must deposit the ent fair market value consideration of $1,650, including compensati for the improvements, in Superior Court. In my opinion, this negates the City’s offer to reconstruct the improvements. Very truly yours, I am recommending to the Bill MacFarlane Consultant to City of Carlsbad BM/vcf cc: Asst. City Maxger City of Carlsbad €3 II I.’acFarlane and Carl Pippin Rea! €stat? 5-ckers, Appraisers and Consultants -- e 0 1200 ELM AVENUE TELEPH( CARLSBAD, CALIFORNIA 92008 (714) 438 Citp of Carlgbab March 7, 1980 Mr. 6 Mrs. Lloyd $1. Johnson 5031 Tierra Del Oro Carlsbad, Cn 92008 NOTICE: NECESSITY TO COhiE?fS CERTAIK PROPERTY OWB BY YOU. YOU MUST ESFONl IN WRITING TO THIS NOTICE IF YOU WISH TO APPEL? Ah9 BE HEARD THE CITY INTENDS TO ADOPT A RESOLUTION OF PROPERTY : Assessor's Parcel No. 204-142-07-02, located in the City of Carlsbad, County of San Diego, 5tZ.te of California, described as follows: That portion of Parcel 1, as shown on Parcel Map No. 2664 filed in the Office of the C0-m:; -?corder of said County described as follows: Beginning at the ::o:r:-.-zsterly corner of said Parcel 1; thence Northeasterly along Sorthlfesterly line of said Parcel 1 a distance of 10 feet; thence 5 herly to a point of beginning on the Southwester1 line of said Parcsl:., said point being Southeasterly 10 feet from the Northwesterly COT-OI: thence Northwesterly along said Southeasterly lot line to the Pair,: cf 3eginning. Except therefrom any easements of record. PROJECT : The project consists of street widening along Carlsbad Boulevard to accommodate a left-turn lane and a bicycle path. intersections with Carlsbad Boulevard will also be improved to provide fGT sF-fer turning movements. each corntr tc ::-:--:.de access to sidewalks. Turning radii at Wheelchair ramps will be constructed at The City Council of The City of Carlsbad, California intends to adopt the Resolution of Necessitv attached to this notice after a hearing to be held on bkrch 18, 1980.