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HomeMy WebLinkAbout1980-08-19; City Council; 5203-6; LAND ACQUISITION EAST OF LIBRARY3 o CITY OF CARLSBAD w f Initial:- Dep t . Hd . DATE : Ausust 19. I980 C. Attyw DEPARTMEET City Manaqer - 7 AGENDA BILL NO. 5703 - sunw 46 - C. Mgr. 2 Subject : LAND ACQUISITION EAST OF LIBRARY __ Statement of the Matter At its June 3, 1980 meeting, the City Council directed staff to take steps necessary to acquire the 2.5 acre parcel east of the library. Further negotiations with the owner, Opal Law, have been unsuccessful. Initiation of eminent domain proceedings are now necessary. The first step in the procedure is the adoption by the Council of a resolution of necessity. A memorandum, outlining the attached. The Planning Commission, at its June 19, 1980 meeting, found the proposed acquisition and project to be consistent with the general plan. facts supporting the resolution of necessity, is Exhibits Memorandum to City Manager, dated August 5, 1980. Resolution No. !p 2p.2 . Fiscal Impact The City has offered $388,000 for the property. Recommendation If the City Council concurs, your action is to adopt Resolution No. L292 . Council Action: 8-19-80 Council adopted Resolution 6282. I, 0 0 DATE : AUGUST 5, 1980 TO : CITY MANAGER FROM: Assistant City Manager SUBJECT: LAND EAST OF LIBRARY (LAW PROPERTY) The City has been attempting to acquire the undeveloped portio of the Law property east of the City Library through negotiati All attempts to acquire this property through negotiations hav failed. It is therefore necessary to discuss the possibility of condemnation in order to acquire the property at a reasonab and fair price. The primary purpose of the project is for the expansion of the existing City Hall facilities to provide an adequate and sufficient administrative complex. The current facilities at 1200 Elm Avenue do not provide adequate space. Temporary expedients of placing modular buildings in the yard have not bt successful in eliminating the need for additional space. Emplc are working in crowded rooms in groups of four to five with lid provision for required material storage and sufficient noise attentuation to insure proper concentration. The present City Hall complex was designed in 1967 when the Ci- had a population of 13,500. A report1 by a facilities planninc consultant prepared in 1978 indicated that an area of 64,500 sc feet of office space was needed to meet needs in City Hall. P: space is 33,979 square feet. If the City's present population 35,000 continues to grow, space requirements will reach 86,580 square feet at a projected population of 45,000. Parking spacl currently limited and thus access by the public to services due them is limited. At its February 20, 1979 meeting, the Carlsbad City Council apy in concept a building program that called for the construction community development building to house the Planning, Engineerj and Building Departments. City staff analyzed a number of POSE sites for a community development building in the vicinity of C Hall and recommended that the property east of the City Librarj acquired as the location of the proposed community development building. The Council accepted the staff recommendation and directed staff to negotiate acquisition of the two parcels east of the Library. Appraisals were done on the property and, subsequently, the Cit acquired one of the parcels. Staff has not been able to negoti the purchase of the Law property. A portion of the Law propert the City Council. 'City of Carlsbad Facilities Requirements Plan prepared by must be acquired if the City is to carry out the plan approved SUA Incorporated, January, 1978. e 0 e. Page 2 Subject: Land East of Library August 5, 1980 The City will begin to use the acquired property almost immediately to provide overflow parking for the Library and City Hall. The City plans to begin construction of years in order to provide adequate space for City Hall employees. The project may be financed out of general funds of the City or the existing Carlsbad Building Authority may be used as a financing vehicle for the project. In addition, the City has been setting funds aside to help finance the expansion of City Hall. Upon acquisition of the property, the City plans to hire architects to perform site studies and begin preliminary design studies. The project is a logical extension of existing facilities and would be the least disruptive building program for the neighborhood. government requires adequate office space, the public will be best served by an adequately planned and properly sized City Hall. developed and owned by a single owner, damage to the private sector should be minimal. No persons will be displaced from their homes. The acquisition of the Law property is essential if the building program is to be carried out. The general administrative and community development offices of the City are expected to remain in the same location for the forseeable future. The existing "downtown" area of Carlsbad is expected to remain as the institutional and financial center of the City. The City's commitment to remain in this area will help in the City's revitalization of the downtown area of Carlsbad. the community development building within the next three Because the efficient performance of City Since the property to be acquired is currently uw ?L FRANK N. MANNEN Assistant City Manager FNM: ldg 1 2‘ 3’ ,4 fiYSOJ,IJTJOP\! NO e L 5282 A RESOLUTION OF NECESSITY OF TlE CITY COUNCIL OF THE CIrpy OF CARLS]]AD, CAL1;FORNLA , AUTI-:Cil- I Z IICG CONDEMNATION OF CERTAIN 72;iC)PERTST FOR ADMINISTPXTIVE OFFICES ANT) OTHi2:R PUBT,lC I NP ROVE ?<E KT S ‘.PO GE TH E K W I TH AP P URT’EN AN C E S THE COKSTRUCTION OF CITY GOVERXI~SENTAT~~ AXD 51 AND - APPURTENANT _. WORK IN CONNKTIOIil THEREWITH. __I_-.- 6i WHEREAS, the City Coiln.cj-1 of the City of Carlsbad, Cali 7 i 8 9 10 12 3.2 I a is proposing certain public improvernents as described hereii and WHEREAS, the Planning Conmission of the City of Carlsb has determined at their reqxlar meetirzg held Jviie 19, 1380 the proposed acquisitio]~ and the project is consistent Wit-k. the City’s general plan as required by GovernKent Code 5654 2 5 z 13 .E CY CI q D -’ 0 I I and Carlsba2 Municipal Code Secticjil 2.24.065; and I d 0 18 ’F - u WHEIIEAS, the City Council 1ia.s held a public hearin9 E I I I I l1 20 21 22 23 24 25 26 27 28 WHEREAS, after said &ly noticed public hearing, the Council of the City of Carlsbad finds, determines and her dccl-ares as folloW: 1. That the public interest and necessity require acqui-sition, construction and completion by the City of C County of San Diego, State of California, of c.clrtain pub improvements to wi.t: construction of public buildings ti as governmental and administrative of f’ices in conjunctio the existing Ci.ty Hall 2nd City Library complex and cons I 41 5i 2, That public interes d Iiecessity require the 1 acquisition of title in fee s e absol-ute of the real prcr l3 9 7.0 3.z c, 2.2 ex IO 3. Thzt. the City of C ad I Ca1iforr:ia f is authori: I, to cond.crnn said real proper the pu-?:poses described he: 1 by one or more of the follo 'I ubiic provisions s A. Code of Civi edure Sections 124C.010, 1240.110, 1240.120, 1240.22 .!x f: % :: 1-31 B L Goverrment 350.5, 37352 and / u - -J$ uZ-4 Ep 2 >$ 5: 17 c V 2-8 19 20 21 22 23 g$g,- 16'1 ou-m 0 24 25 26 27 28 I public Crrildinqs, iiicludi nd administrative public uses auf3-X offices, and other public by law. 1 5, That a taking rty described he: aid real properti is ncc~ssary for the pub be SO taken. I 6. That said pro ements are planiil arid located in a manner atible with the greatest public good an 7. That the Plan orted that t i I pub1j.c improvements ar 's general pursuant to Government mplemented k Section 2.24.065 of tb. 3, 2 3 4 8. ‘ll-iat .the pmpcrty :.:il. 2 used v&i&j-n seven years 2 ! provided in COGS of civil Proc re Section 124@*220; NOWI THEREFORE, RE IT RES ED SY the Citl7 COUl?Cil of t city of Carlsbad as follows: 1, That -the foregoing tati-ons are true and correc 51 2. T21a:t the City Atto?! is hereby zuthorized I empol 9 I 1.0 described. land by donation, accordmce with the provisic Else or bl;’ condemnation in Part 3 I Title 7 sf the Cod- .+ * -LL I of Civil Procedure of the S f California. I 51-1 $ 17, Q6 u 28 E - u pursuant to Code of Civil amount 01: amcunts of SUC re Section 1255,410 fixing Y in the w3-y of money del? 20 vl 19 20 21 22 23 24 25 1 as said court may direct of said lands by the Ci possession and use of s said pub:lic improvements. de won the tal=j-ng or PCSS shad and to take j-~edj-atc or the PgrPos@ of co~-lstruc De‘ To make such security cut of prof funds under the contro .bs of Carlsbad in such an( ’ or amrJunts so fixed an d and in such manner as t3 receedings 11ereby authori.: court in which the con '. -'~ */I and instz-iilatior;. of the public 1 i by .this resolution. authoxi.zes .to 2l 3 is pierally described in Ext1j-f;j-t II .. 41 a part hereof. 5 PASSED, APPROVED AND ADilPTED 6 Cli.-ty Council. of the City of ;9"61 daJ7 Gf !,UqUSt - I 1980 7, -----.. -.--.Arc- E3 AYES: Council blernb2r-s Pzckard, 9 NOES: Now 1.0 ABSENT: None a. 1 12 -' l .T: : 5 2 clo cj u. Lu 5 3.4 Qc,-'L 7 ZCL E,> 90 2-lG d, 54 c ~ :L 0 k~go' 16li A L. WiUTZKKr~NZ, City CJ-S-rk. OK 'm 5p >e 3 P 1'7 (SEAL) 0 5 0' 131 --F-<% 151 l9 11 ATTEST : ($1. 'J I r <!44*22 Ab ,.-- d^ ~...~~-~-~~~-~-~~~~.-- I .._ .J d. .N Q > <;3 t- o 1.8 I 1 20 21 22 23 24 25 'I 26 27 28 w improvements hcrei-n dcsczibed A, attached heretc! and mad( he ;icquired for constructior at a recjulnr meeting of tht Carl~sbad, California held on the by the following vote, to T Caslzr, hearS Lewfs and Y\ulrhin .----) /./ ;,y* /'/" ,/' [< - ( _- .I' -.fy[t ,q, &/+/ f/ , / ,(@ t". ,<.. ,,// -. c </.pi ,.b x,< &&'d RONALD c . PACKARD , P<ayor d I 4- 4 v e EXIII BIT A TO I<ESOLUTIO L -- NO. 5282 A!] th3t portion of Trac: 119 of Carlsbad Lands, in the County of San Diego, State of California, according to map Lhereof Vo. 1661, filed it) the Office of Courlty Recorder. of San Diego County, i'iai-ch I, 1915, described as follows: BEGINNIFIG at the Flortherly corner of said Tract I!?, thence;South 3'iC'33' East along the easterly 'tine of sald Trsct 113 a distancr of 815.02 feet; thence South 55O27' Wesi 120.90 feet to the TEUE POililT OF BEG!Htd!NG; thence Swth 34 3.3' East 180.15 feet to G point in the Morthwesterly line of the land desci-iL,ed ir? dLed to A:!gustus Wal<emari, Et7 Ux, dated September 22, 1926 and recorrlcd Pspril 19, 1326, in Gook 1170, page 275 011 Deeds; thence Soiith 55"27' \Jest alor;g tkte Northwesterly line of said land describcd in deed to WSkemn arid along the Northwesterly line of ih:,t land described in aced to J.H. lieardarff, Et Ux,- recorded April 28, i923, 259 of Deed;; ihence 543.51 fe~t, more or less, to chc Vestcrly line i,f said Tract 119, said pint also being thd Ilortheasterl corner or' Tract li7, as shown cn said tlap 1661; thence North 0 52' b!&st afc,n~ the Lksterly line ~f said Tracr 119 a distance of 216.92 feet to the SouthvJesterly camel- of the iand dcscribed in deed to Holi,er Lehr- Goddard, Et Ilx, recorded June 13, b942, in Book 1356, page 302 cf Gfficinl Records; thxce r4orth 55 27' East along the Southwesicrly line c,f said Goc'darci's land a distance of 423.21 feet to the TRUE POifdT OF BEGIfdN!iL!'J. 0 in SOO!~. 934, page 8- 1. # e w *.\, .r '\\ I'tZ. loo' _I_ ---_1_-_1------ -_-_-- . 0 4- DR. - - ------CIUrC.-"--- I__-- - I--I IG -_ I-IL AND VL rcI ----..-.-._I -0 ._____.". e-- 7- w s-, ' : 1' b August 18, 1980 WILLIAM C. BALDWIN Assistant City Hanager City of Carlsbad 1200 Slm Avenue Carlsbad, California 92008 Dear Mr. Baldwin: In accordance with your letter dated July 28, 1980, I woulC like to attend the Council Meeting on August 19, 1980, and be heard concerning their intention to adopt a resolution of necessity to condemn certain property owned by me. However, my health does not permit my personal attendance and therefore I have requested James M. Gaiser of this City to represent me and present my iCieas and views. Thank you for your consideration in this matter. Yours very truly, (Mrs.) Opal V. Law 2945 Highland Drive P.O. Box 306 Carlsbad, Ca. 92008 c 9r.J- GJ- ax i-3 0 \i-T i"' LJjm u1 wmz- SlJ 0 P- QXQQ - FV wi" DJ 0ODJt-J GJ a3 a< a NU 0 P-W Q2 << o ~r IT ClrOPZ YOftrnnr raq r-r c~'tiJ0 0-P DJP~WZ DJ mt-'-u1 H rn WH ,a%$C, ;$Ern 3 P- SZ pv - rgrn6-P P-G G"'-c r %mDJ u 0 aZ2z Y PIH DJ 14 CD u3 Y k2 0 0 co U e 0 -2- You have the right to appear and be heard at that hearing on whether: (1) The public interest and necessity require the project; (2) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and The property sought to be acquired is necessary for the project. (3) If you wish to exercise this right, you must file a written request to appe to be heard with the City Clerk, 1200 Elm Avenue, Carlsbad, California 9200 not later than 5 p.m., March 17, 1980. will result in a waiver of your right to appear and be heard. If you have any questions regarding the proposed action, please contact the City Engineer at 1200 Elm Avenue, Carlsbad, CA 92008 (714) 438-5541. Failure to file a written request ap @- &*> Les Evans City Engineer LE :mmt e 0 1200 ELM AVENUE TELEPb CARLSBAD, CALIF3RNIA 9200% (714) 43 Citp of Carlsbab March 26, 1980 Mr. & Mrs. LY7yd El. Johnson 5031 Tierra -2 Oro Carlsbad, CF 52008 Re: Condemnz:;:n of Certain Properties for The Carlsbza n'-4r -I Council, at their meeting of March 18, -,>?- sjopted a Resolution of Neces- sity No. 5--<- zithorizing condemnation of certain proFtr:;es for the widening of Carlsbad - Boulevard =_- -- 2 installation of a bicycle path and - r-2;r access ramps. Enclosed =: - 1-r records please find a copy of subje:: -e:zYution. -- Wideni?: r2 Carlsbad Boulevard ;? ? -A/- 4 < p-2 ,/&,&Mu /.;fly$ .- - 5.4:- ---ETHA L. DL -- -- - ,<3AI.:Z f --ty tiel-4 .. -LR: krs E~ClOSG~~ cc: City Ecstneer > <, *. 1 2 3 e Q RESOLUTION NO. -- 6119 A RESOLUTICX OF TIE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING CONDEMNATION OF CERTAIN PROPERTIES FOK THE WIDENING OF CARLSBAD BOULEVARD AND THE INSTALLATION OF A BICYCLE PATH AND WHEELCHAIR ACCESS RAFlPS. *I 5 G 7 WHEREAS, the City Council of the City of Carlsbad, California is proposing a public improvement as described herein; and 10 11 12 13 Section 1245.235; and WHEREAS, Negative- Declaraticn No. 395 has been issued the proposed public improvement; and WHEREAS, after said public hearing, the City Council a 14' 15 16 17 3.8 19 the City of Carlsbad finds and determines and hereby declar? as follows: 1. That public interest and necessity require the acquisition, construction and completion by the City of Carlsbad, County of San Diego, State of California, of a public improvement, to wit: The widening of Carlsbad Boule1 I 20 21 22 23 24 25 26 27 28 and the installation of a bicycle path and wheelchair access 2. That public interest and necessity require the acquisition of a public easement for street and other relate purposes for said public improvement over the real property hereinafter described as Parcel A. 3. The City of Carlsbad, California is authorized to condemn said parcels for the purposes herein described by Cc of Civil Procedure Section 1240.010, 1240,110 and 1240.120; Government Code Sections 37350.5 and 4040(a) ; and Streets ai -. 4. 1 2 3 4 5 6 7 8 g 1.0 11 12 13 ill 15 16 17 19 l8 20 21 22 23 24 25 26 27 28 e e Highways Code Section 2380. 4. That the use of all the saFd real property for street widening, a bicycle path and wheelchair access ramps is a public us2 authorized by law. 5. That the taking of real property described herein as Parcel A, is necessary for the public use and that those parcels be so taken. 6. That the said proposed street widening and instal of a bicycle path and wheelchair access ramps is planned an located in a manner which will be most compatible with the greatest public good and least private injury. 7. A report regarding general plan confornance from the Planning Conmission is not required for this project p~ to Government Code Section 6.5402 as implemented by Sectior 2.24.065 of the Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the foregojng recitations are true and corrc 2. That the City Attorney is hereby authorized, empc and directed in the name of the City of Carlsbad as follow: A. To acquire the real property in the hereinafl described land by donation, purchase, or by condemnation ir accordance with the provisions of Part 3, Title VI1 of the Code of Civil Procedure of the State of California. I B. To prepare and prosecute in the name of the I of Carlsbad such suit or suits in the proper courts having jurisdiction over such suit or suits, as are necessary to condcmn said lands for such street widening and installatic -2- li 2 3 4 5 6 7 8 g 10 11 12 13 2.4 3-5 16 17 18! 19 20 21 22 23 2.2 25 26 27 28 C. To make application tc said court for an order, pursuant to Code of Civil Procedure Section 1255.410, fixing the amount or amounts of such security in the way of money deposits as said court may dj.rect to be made upcln the taking possession of said lands by the City of Carlsbas and to take immediate possession and use of said lands for thz purpose 01 constructing said street widening and wheelchair access tamp: D. To make deposit of such security out of proper funds under the control of the City of Carlsbad in such amour or amounts so fixed and determined, and such manner as the Ca in which the condemnation proceedings hereby authorized are pending may direct. 3. That the parcels of real property in which the City of Carlsbzd by this resolution authorizes to acquire for stre widening, a bicycle path and wheelchair access ramps as descr as follows: PARCEL A: That Portion of Parcel 1, as shown on Parcel Map No. 2664 filed In the Office of the County Recorder of said County described as follows: Beginning at the Northwesterly corner of said Parcel 1; thence Xorth- easterly along the Northwesterly line of said Parcel 1 a distance of 10 feet; thence Southerly to a point of beginning on the Southwesterly line of said Farce1 1, said point being Southeasterly 10 feet from the North- 1 westerly cornel-; thence Northwesterly along said Southeasterly lot line to the Point of Begiming. EXCEPT therefrom any easements of record. xxx xxx xxx xxx xxx xxx -3- I .- 1 2 3 4 5 6 7 8 9 lo 11 l2 13 x.2 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 1 PASSED, A?PROVED ASD ADOPTED at a regular meeting of Carlsbad City Council held on the 18th day of March 1980 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Counc NOES : None C ABSENT: None fi’/&L>/? /2 1 ,* i9’2.L (. ,./ d-- 6 7 -r,-C,. p/ J RONALD C. PACKRRD, Mayor ATTEST: ALETHA lLGcfAA L. RAUTE~KRANZ, R “““*““;-a City I. Clerk . (SEAL) -4- e rl), 'JA * i J I) * e I) I, (I, -1 -, \, . , - . ~, .~ 2. .. Y 4 1 .: - .- 2L * ,., I;. i- .. I Ly - J ;': 7 ' - .; _- ??-#.a '-!LAL&- d.'. . v. 1 . ,,-'.*b'.,bL*2 -3 (4--u& L - ii.-.-',;i..J\ 1 .: .' . .. is __ i .r.> I. L.., "L - - - -., .- .- l-;.: L.. I -. ., I , a & y../3/ Q.M. 3/; 7\80 I) fU @- """Y t I) I) e * * z@ - 55 t. \ - d N n * TO REPLY BY MAILGRAM, SEE REVERSE SiDE FOR WESTERN UNION'S TOLL - FREE PHONE NUFAEERS