HomeMy WebLinkAbout1980-08-19; City Council; 5203-6; LAND ACQUISITION EAST OF LIBRARY3 o CITY OF CARLSBAD w
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Initial:-
Dep t . Hd .
DATE : Ausust 19. I980 C. Attyw
DEPARTMEET City Manaqer
- 7 AGENDA BILL NO. 5703 - sunw 46
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C. Mgr. 2
Subject : LAND ACQUISITION EAST OF LIBRARY
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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.
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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.
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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
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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
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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
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I I and Carlsba2 Municipal Code Secticjil 2.24.065; and I
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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
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2, That public interes d Iiecessity require the
1 acquisition of title in fee s e absol-ute of the real prcr
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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
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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
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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.
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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
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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?
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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
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and instz-iilatior;. of the public
1 i by .this resolution. authoxi.zes .to 2l 3 is pierally described in Ext1j-f;j-t
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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
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2-lG d, 54 c ~ :L 0 k~go' 16li A L. WiUTZKKr~NZ, City CJ-S-rk.
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ATTEST :
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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
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/./ ;,y* /'/" ,/' [< - ( _-
.I' -.fy[t ,q, &/+/ f/ , / ,(@ t". ,<.. ,,// -. c </.pi ,.b x,< &&'d
RONALD c . PACKARD , P<ayor
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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.
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in SOO!~. 934, page
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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
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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
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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
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cc: City Ecstneer
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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
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WHEREAS, the City Council of the City of Carlsbad,
California is proposing a public improvement as described
herein; and
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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
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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
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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
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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.
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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
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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-
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westerly cornel-; thence Northwesterly along said
Southeasterly lot line to the Point of Begiming.
EXCEPT therefrom any easements of record.
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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)
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