HomeMy WebLinkAbout1986-02-11; City Council; 8483-1; Order eminent domain proceeding for acquisitionO<
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CIT OF CARLSBAD — AGEND BILL
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MTG 02/11/86
DEPT. ENG
TITLE:
ORDER EMINENT DOMAIN PROCEEDINGS FOR
ACQUISITION OF PROPERTY ON JAMES DRIVE
DEPT. HP.p£Q
CITY ATTY_\ifi5
CITY MQR. ^£-
RECOMMENDED ACTION:
By motion adopt Resolution No.ordering Eminent Domain.
proceedings and authorizing the acquisition of property on James
Drive, Project No. 3135. (A 4/5ths Council vote is required for approval.)
By motion adopt Resolution No. (f^oo approving Special Counsel
Agreement with F. Mackenzie Brown, Inc. to provide legal services to
acquire property by Eminent Domain proceedings.
ITEM EXPLANATION:
On January 21, council set February 11, 1986 for a Public Hearing on
acquisition of land by Eminent Domain proceedings.
A strip of Stein's property which encompasses about 121.24 square
feet of land is required to construct curb returns and sidewalks on
the north east corner of James Drive and Basswood Avenue.
Lloyd and Leon Stein,the owners of the property have been offered
$3,110.00 for the acquisition of land as follows:
Land Cost
Improvements taken
Severance
TOTAL
$750.00
$560.00
$1,800.00
$3,110.00
$6.19 per square foot
The above offer was rejected by the Stein's. Since an agreement
could not be reached with the Steins, staff recommends the
acquisition of the land by Eminent Domain proceedings.
FISCAL IMPACT:
All the cost of acquisition of the property will be born by the
assessment district, and through the sale of bonds.
EXHIBITS:
1.
2.
3.
4.
Location Map
Resolution No.ordering Eminent Domain proceedings and
authorizing the acquisition of property on James Drive
Resolution No.approving Special Counsel Agreement with
F. Mackenzie Brown, Inc. to provide legal services to acquire
property by Eminent Domain proceedings.
Order of Procedure
LOCATION MAP
LEGEND
AREA TO BE ACQURIED
VICINITY MAP
N.T.I
PROJECT NAME
JAMES DRIVE ASSESSMENT DISTRICT
PROJ. NO.
3135
EXHIBIT
\
1
RESOLUTION NO. 3399
2
RESOLUTION OF THE CITY COUNCIL OF
3 THE CITY OF CARLSBAD, CALIFORNIA,
DESCRIBING PROJECT AND PROPERTY
4 FOR EMINENT DOMAIN PROCEEDINGS AND
AUTHORIZING THAT SAID PROCEEDINGS
5 BE COMMENCED TO ACQUIRE SAID PROPERTY
6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
7 has previously adopted its Resolution of Intention pursuant to the
8 provisions of the "Municipal Improvement Act of 1913", being
9 Division 12 of said Code, for the construction of certain public
10 works of improvement, together with appurtenances and acquisition,
11 where necessary, in a special assessment district known and
12 designated as
13 ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
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(hereinafter referred to as the "Assessment District"); and,
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WHEREAS, in order to accomplish construction of the works of
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improvement in the Assessment District, it is necessary to acquire
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certain property by eminent domain, including the right of
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temporary occupancy of adjacent lands for construction purposes,
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hereinafter collectively called "Subject Property"; and,
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WHEREAS, pursuant to Section 1245.235 of the Code of Civil
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Procedure, said City Council has fixed a time and place for public
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hearing on the matters referred to in Section 1240.030 of the Code
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of Civil Procedure, and has given each person who owns or claims a
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right in said Subject Property proposed to be acquired by eminent25
domain and whose name and address appears on the last equalized26
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3
1 County Assessment Roll, Notice, and a reasonable opportunity to be
2 heard in the time, form and manner required by law; and,
3 WHEREAS, at this time all testimony and evidence has been
4 heard and considered.
5 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
6 SECTION 1. That the above recitals are all true and correct.
7 SECTION 2. That said Subject Project to be taken by eminent
8 domain is for a public use, to-wit: Construction of certain
9 street improvements in JAMES DRIVE between OAK AVENUE and BASSWOOD
10 AVENUE, including grading, paving, curb and gutter, drainage faci-
Titles, water and sewer improvements, and public utility facili-
-I r)ties, together with appurtenances and appurtenant work.
13 SECTION 3. That the City is authorized and empowered to
commence eminent domain proceedings to acquire said Subject
1 K Property pursuant to the statutes specified as follows:
16 Sections 37350 and 37350.5 of the Government Code;
] 7 Eminent Domain Law, being Title 7, Part III of the Code
-I Q
of Civil Procedure.
] Q SECTION 4. That a description of the general location and
20 extent of said Subject Property to be taken by eminent domain is
21 set forth on Exhibit "A" attached hereto and made a part hereof.
22 SECTION 5. That it is hereby found, determined and declared
23 as follows:
24 (a) That, to the extent acquisition of said
25 Subject Property results in a remnant as defined in Code of Civil
26 Procedure Section 1240.410, said remnant shall be acquired by
27 eminent domain herein, pursuant to said Section.
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(b) That the public interest and necessity
2 require the acquisition of the Subject Property;
(c) That the improvements in the Assessment
4 District are planned or located in the manner that will be most
5 compatible with the greatest public good and least private injury;
^?(d) That said Subject Property sought to be
7 acquired is necessary for the successful completion of the
8 improvements within the Assessment District; and
9 (e) That an offer of just compensation has been
10 made to the owner or owners of record of the Subject Property in
11 the time, form and manner required by law.
12
SECTION 7. That F. MACKENZIE BROWN, INC. is hereby autho-
13 rized and directed to commence an action in the Superior Court of
14 the State of California, for the County of San Diego, in the name
15 and on behalf of the City, against those persons who appear on
16 record or who are known to have a claim or interest in said
17 Subject Property described in Exhibit "A", for the purpose of
18 acquiring said Subject Property by eminent domain for the public
19 use described herein, and to make application for possession of
20 said Subject Property prior to judgment.
21
SECTION 8. That the officers of the City are hereby autho-
22
rized and directed to withdraw necessary sums to deposit with the
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Superior Court as the probable amount of compensation that will be
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awarded in the eminent domain proceedings to acquire said Subject
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Property described in Exhibit "A".
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SECTION 9. That the officers of the City are hereby autho-
27
rized and directed to take any appropriate action consistent with
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the purposes of this Resolution.
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PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the J-1^*1 day of February , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: Council Member Kulchin
ABSENT: N°ne
MARY H.jCAbLEK, ayor
ATTEST:
IAfjf>~- , QvA^Oi-
ALETHAL. KAUTtNKRANZ~Ci ty C
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract 123 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according to
Map of No. 1661, on file in the office of the County Recorder of
said County and State, and that portion of Basswood Avenue, as
per Map thereof No. 1681 of Thum Lands, on file in the Office of
the County Recorder of San Diego County, more particularly
described as follows:
That portion of the land described in a Deed to Lloyd E. Stein and
Leone Stein recorded July 21, 1983, as File/Page No. 83-250153,
records of said County and State, lying within the following
described land;
That portion of the described land lying Southerly of a curve
concave Northerly and having a radius of 20.00 feet, said curve
being tangent Northwesterly with the Southwesterly line of said
land and tangent Northeasterly with the Northerly line of Basswood
Avenue (60.00 feet wide), said line being parallel with and
distant 30.00 feet Northerly from the centerline of said Basswood
Avenue.
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract 123 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according to
•Map of No. 1661, on file in the office of the County Recorder of
said County and State, and that portion of Basswood Avenue, as
per Map thereof No. 1681 of Thum Lands, on file in the Office of
the County Recorder of San Diego County, more particularly
described as follows:
That portion of the land described in a Deed to Lloyd E. Stein and
Leone Stein recorded July 21, 1983, as File/Page No. 83-250153,
records of said County and State, lying within the following
described land;
That portion of the described land lying Southerly of a curve
concave Northerly and having a radius of 20.00 feet, said curve
being tangent Northwesterly with the Southwesterly line of said
land and tangent Northeasterly with the Northerly line of Basswood
Avenue (60.00 feet wide), said line being parallel with and
distant 30.00 feet Northerly from the centerline of said Basswood
Avenue.
RESOLUTION NO. 8400
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND F. MACKENZIE
3 BROWN, INC. TO PROVIDE LEGAL SERVICES TO ACQUIRE
PROPERTY BY EMINENT DOMAIN PROCEEDINGS
4
5
WHEREAS, the firm of F. Mackenzie Brown, Inc. has
6
been selected to provide legal services to acquire property by
7
Eminent Domain proceedings.
8
WHEREAS, all the costs of the Eminent Domain
9
proceedings will be born by the assessment district and
10
through the sale of bonds.
11
NOW, THEREFORE, BE IT RESOLVED by City Council of
12
the City of Carlsbad as follows:
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1 . The above recitations are true and correct.
14
2. That an agreement between the City of Carlsbad
J. 0
and F. Mackenzie Brown, Inc. for the acquisition of property by16
Eminent Domain proceedings on James Drive, a copy of which is
hereto marked EXHIBIT "A" and made a part hereof, is hereby
18
accepted.
.L */
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
f+t J.
behalf of the City of Carlsbad.
4. The Consultant fee as described on EXHIBIT "A"25
by F. Mackenzie Brown, Inc. to provide legal services to
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acquire property by Eminent Domain proceedings.
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PASSED, APPROVED AND ADOPTED by the City Council of
the City of Carlsbad at a regular meeting held at the
day of ^February , 1986, by the following vote to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES : Council Member Kulchin
ABSENT: None
/tL^L^^^: Py C
MARY H.JCASLER, Mayor
ATTEST:
(<LtLt fc- KQ.'Jjfc r"ALETHA L. RAUTENKRANZ, City Cljrk
(SEAL)
<^<--" <-/,.• <^/-
1630 Basswood Avenue
Carlsbad, CA 92008
February 5, 1986
City Clerk
City of Carlsbad
State of California
In response to your notice of a Public Hearing at 6:00
o'clock p.m. on Tuesday, February 11, 1986, in the
Council Chambers, City Hall, the City Council of the City
of Carlsbad, California, concerning:
Adoption of Resolution of Necessity (Code
of Civil Procedure Sections 1240.030 and 124 .235)
Assessment District No. 83-2
(James Drive)
may we hereby report that we wish to appear and to be
heard at said public hearing on the issues raised in your
notice, dated January 23, 1986.
LIova Stein