HomeMy WebLinkAbout1986-03-18; City Council; 8555; HALF-STREET IMPROVEMENTS FOR CARLSBAD GATEWAY (SDP 84-05)/
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CI7iiOF CARLSBAD - AGENWBILL
'AB# a3-& TITLE: HALF-STREET iMPROVEMENTS DEPl
MTG. 3/18/86 FOR CITY CARLSBAD GATEWAY DEPT. CDD (SDP 84-5) CITY
RECOMMENDED ACTION:
If Council concurs, direct staff to return with an agreenent with the dev
Eminent Domain proceedings to acquire the Delorm and Wrisley properties
ITEM EXPLANATION: -
On April 2, 1985, the City Council approved the Site Development Pian fo Gateway (SDP 84-5). As part of this approval, conditions were included
the: completion of Palmer Way to the north of the Gateway property and t
connecting street (referred to as IIC" Street) to El Camino Real. Conditi
Resolution 2410, Sections (11, (rn), and (n), passed on February 14, 192 Gateway to acquire property from Delorm and Wrisley so that these half-5 could be constructed. Condition 35 states that these aforementioned imp must be completed prior to occupancy.
Subsequent to this agenda bill, the interested parties have met for over
months with no agreement between the property owners. Gateway (Lusa
written a letter, dated March 7, 1986, in which they request that the Ci
of three alternatives:
1. Relieve them of Condition 34 (I), (m), and (n) of the Conditions of
dated February 24, 1985.
City firmly commits to the condemnation of the necessary rights-of-
If for any reason the condemnation cannot be completed by the Cit) City is to relieve Gateway as described in Paragraph No. 1, above.
Since the applicant has been unable to reach an agreement with the adjo property owners, staff recommends that the City Council direct staff to agreement with the developer for Eminent Domain proceedings.
FISCAL IMPACT:
There is no fiscal impact on this item.
EXHIBITS:
1. Location Map
2. Letter from Building Department to Gateway, dated February 24, 1
3. Letter from Gateway to City Council, dated March 7, 1986
4. Property Development Agreement
5. Conditions of Council (Conditions 34 and 35)
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3.
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All costs will be paid by the de?
I. LOCATION MAP
YCKYAN Illat.
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RE8EARCH ----m---e- - -
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‘mt-n WT+F~ cfi-~fiffi~ CENTER ! SOP
0 e EXHIBIT 2
1-200 ELM' AVENUE
CARLGRAD, CA 92008.1989 (t
Citp of CarUbab
BUlLDlNG DEPARTMENT
February 24, 1986
Mr. Fred Walters
Davis Developments
2810 Camino del Rio South
Suite 202
San Diego, CA 92108
CARLSBAD GATEWAY (SDP 84-5)
This is to follow-up on our meeting and discussion of February 21, 1986.
The conditions of approval of the above-described project require you io acquire certain real property for public rights-of-way. In the event that you extend every reasonable effort to obtain such rights-of-way, but are unsuccesful in doing so, I, joined by the office of the City Attorney, sha recommend that the City Council take appropriate steps to acquire such needed rights-of-way through condemnation, at your expense.
In the event delays in the acquisition process jeopardize your ability to
timely occupy a portion of your project, the City Council would have the
latitude to grant you occupancy pending the completion of such acquisitio
AS an alternative to condemnation, the Council would also have the abilit!
to relieve you of the condition requiring the acquisition of the right-cf-w
MARTIN Director K\k ORENYA
MO : hmj
C: City Manager
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/; ' L U SAR DQ ~~~~~~~~~~n~~~~~~~tio" Civil Engineering I!@,IBIT 3
CONSTRUCTION COMPANY
KENNETH H. LOUNSBERY
Vice President, General Counsel March 7, 1986
City Councilmembers
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
Re: Carlsbad Gateway Center - SDP 84-5
Dear Members of the Council:
As a condition of the approval of the above-described project, the
City required that the project sponsor , Gateway , complete certain offsite improvements. The requirement obligated Gateway to acquire rights of way owned by two adjoining property owners, Robert Delorm and Ralph
WrisLey. Said owners are represented by Russell Grosse.
After six months of negotiations with said owners of adjoining
parcels, we have reached an agreement, but said two owners are at an
impasse with the City which has forestalled execution. The impass
involves issues over which we have absolutely no control.
Attached please find a copy of the draft agreement which has been
approved for signature by Gateway, Delorm and Wrisley. At the
insistence of the latter two owners, however, the draft agreement
contained certain commitments by the City in favor of Delorm and Wrisley. Such commitments have been highlighted in the attachment. A signature line for the City was included.
In an effort to determine whether the City would honor such commitments, we met with the staff. A representative from Mr. Grosse's
office was present. Staff was firm in the refusal to either sign the agreement or be bound by any such commitments. Thereafter, we were advised by Mr. Grosse's office that Delorm and Wrisley would not execute the ,agreement to furnish the rights of way.
The conclusion puts Gateway in a position without a solution. As
reflected in the draft agreement, Gateway's offer to compensate the
owners for the right of way exceeds the market value for the strips of
land in question. Gateway has agreed to install, at its expense, full
street improvements benefitting the Delorm and Wrisley properties as
demanded by said owners. The City's condition only required half street
improvements. The value of such facilities substantially exceeds the
value of the land to be used for roadway purposes.
Nonetheless , the adjoining owners refuse to sign the adreement
dedicating the necessary rights of way unless they obtain concessions
San Marcos San Diego Newport Beach
Headquarters 1570 Linda Vista Drive
San Marcos, Ca 92069 (619) 744-3133
2810 Camino Del Rio South Suite 201 1400 Bristol Street North Suite i
San Diego Ca 92108 (619) 291-0148 Newport Beach, Ca 92660 (714
s.
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’ Carlsbad City Council March 7, 1986
Page 2
from the City.
such concessions.
Gateway has neither the right nor the ability to deliver
Gateway is now in the position of having to return to the City as
was suggested in the original hearing process. When the project was
approved with the subject condition, it was pointed out that Gateway had
no right to control those lands necessary for completion of the offsite improvements. At that time, it was suggested that if a solution could not be negotiated, the impasse be returned to the City for one of two solutions.
Therefore, the sponsors of Gateway request, in the alternative,
that :
1. The City relieve Gateway of the obligation to perform an
impossible condition by the deletion of Condition #34(1), (m) and (n) from
the Cond-itions of Approval; or
2. Firmly commit the City to the condemnation of the necessary rights of way. Such process would have to include an application for an
Order of Iminediate Possession.
3. In the event that the City elects to condemn for said rights of
way and if, for any reason beyond the control of Gateway, said condemnation process cannot be concluded, the City shall relieve Gateway
as describedL in paragraph 1 above.
The firm commitment of the City with respect to either of the two
courses of action is essential at the earliest possible point in time.
Finalization of the project has been extended twice. If the issue is not
addressed prior to March 18, it is likely that we will all lose the
opportunity to solve the problem. Therefore, we request that the City Counicil consider this request at its special meeting of March 12, 1986.
Thank you for your consideration.
Yours very truly,
KENNETH H. LOUNSBERY
For: Gateway Project
KHL: ss
cc: Mr. Russell Grosse
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PK O P E iiT Y 3 E V E L c) P I1 E 14 T A GK E E I4E IdT
day 0 f.- ____ ___ , 1986, by and --___ THIS AGKEEMENT is entered into this
between FRED WALTEKS and WILLIAM DAVIS as DAVIS DEVELOPMENTS (hereindfter "Davis")
dnd K0BEK.T DELOKM (hereinafter "Delonn") , and KALPH LJKISLEY (hereinafter "Wri sley
Keci tal s -____
LJHEKEAS, Davis seeks to be the developer of an industrial project in the
City of Carlsbad known as Carlsbad Gateway, and
WHEREAS, the City of Carlsbad has dpproved the GdteWay project subject to
the satisfaction by Davis of certain conditions, and
WHEKEAS, said conditions, among other things, require that Davis install
Certdifl pub1 ic improvements upon and across real property owned by Delonn and
Wrisley, and
WHEREAS this Agreement is intended to make such real property available tL
Davis for the above-described purpose in return for the completion of improvements
by Davis which will benefit the properties of Delorm and Wrisley.
Aeemen t --
NOW, THEKEFOKE, it is hereby agreed by and between the parties as follows:
1. Dedication. Delorm and Wrisley shall offer to timely dedicate to the
City of Carl sbad for pub1 ic improvement purposes that real property which is
necessary to provide for certain public street rights of way and slope easements,
all as inore particularly described on Exhibit A attached hereto and incorporated
herein by this reference. While Exhibit A is intended tc define the genera! scope
of the obligation of Delorm and Wrisley to dedicate real property as described
above, it is not intended that Exhibit A be considered precise for engineering
purposes and a more specific description of the real property to be offered for
dedication shall be prepared upon the cornpl etion of engineered drawi ngs describing
those public improvements to be installed upon said property to be dedicated. For
the purpose of facilitating the purposes hereof, Delorm and Wrisley shall permit
Davis and any engineer and contractor retained by Davis the right of access to said
real property for the purpose of designi ny and constructing the subject improvement!
2/10/86
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2. - Improvements. ___---- In consideration of the dforesdid offers tu dedicate
real property for public right of way purpose, Ddvis shall design the following
iniprovenients dnd perforiii the fvllowinj work; the cost of which shall be borne
sol el y by Davis.
a. Grade the entire right of way width of Paliner Way frotii Paliiier Nay
northerly to the Barber connection and the Barber connection froni Paliner Way
westerly to El Caniino Real. Said connection shall thereafter be referred
to ds Barber \Jay,
b. Construct the full width of street improveiiients of Paliner Way
including curb and gutter, pavement, sidewalks and street lights on the southwest
side of Palmer Way northerly to Barber Way as well as full improvements to Palmer
through the Davis property and the transition as required by the City.
c. Construct the full width of street improvements of Barber Way frotii
Paliner Way southwesterly to El Cainino Real including curb, gutter, sidewalk and
street lights and will also build the acceleration and deceleration lanes on El
Carnino Keal in accordance with the condition of approval noted above.
d. Construct a gravity sewer in Palmer \day frorn Impala Drive northerly
to the Uarber/Palmer intersection with laterals to the sites as needed. It is the
i ntention of Davis/Del orni to extend this gravity sewer northerly across the Wrisl ey
and Uarber properties to connect to the sewer being canstructed by O'Hara in Palmer
Way southeasterly of College Avenue. In the event the City does not approve the
northerly connection at this time, then ilavis/Del orm would construct a temporary
pump station at this intersection and pump the sewage southeasterly along Palmer
Way to the existing gravity facilities in Faraday, subject to City approval and
direction. Delorm's liability for sharing costs will be derived by determining
what additional costs would occur to accommodate Delorm as compared to the cost if
such sewer facilities were designed solely for Davis.
e. Construct a public waterline in Palmer Way froin Impala Drive
northerly to Barber Way where said line will be connected to the City's existing
12-inch 1 ine running along the common Delorm/Wrisl ey property line. Reconstruct
line at Barber Way as necessary. Fire hydrants along the southwest side of Palmer
Way and southeast side of Barber Way would be constructed in accordance with the Ci
requirements.
f. Construct a gravity storm drain system froin the Gateway project
northerly across the Delorm property to Barber Way then easterly in Barber Way to
the intersection of Barber Nay and Paliner Way northerly across the intersection
and then down the slope onto the Ebright property in accordance with an agrcenient
with the various affected property owners.
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3. Re1 --- idnce. -- -_ The teriils of this Agrt?ei;ient hdve been subiilitted to thc
City of Cdrlsbdd for review. Perforiildnce of the teriiis hereof is dssured based,
in part, upon the re1 iance by each of the parties upon the support of the City of
Cdrlsbdd of such terms. Specificdlly:
a. Reliance by Davis. DdViS relies upon the representation by the ___~~-
City of Carlsbad thdt execution by Davis of this dgreeiiient, and the pldceinent of d
bond to assure the coinpl etion of the publ ic itiiprovetnents described herein, will
satisfy the City's conditions imposed with respect to the right of Davis to proceed
with development of the Gateway project with the assurance of receiving an occupancq
permit, assuming that all other applicable laws are satisfied. Stated differently,
the execution of this agreement by Davis and the placement of an appropriate bond
will be sufficient to allow Davis to proceed with its project, to and including
occupancy thereof, irrespective of the progress made with respect to the coinpl etion
of those publ ic iinprovments described herein.
b. Reliance by Delorm and Wrisley. Delorm and Wrisley rely upon the
representation by the City that:
(1) The City will dllow redsonable points of access to the Delorm
and Wrisley properties, with such access points to the Delorm and Wrisley propertie:
with such access points to be precisely established atrsuch time as a site plan for
said properties is approved. Staff will recommend curb cuts in Palmer Way and
Barber Way to serve the Delorm and Wrisley properties approximately as shown on
the attached Exhibit B, which exhibit is made a part hereto.
(2) The City will permit development of the Delorm and Wrisley
properties upon the completion of those improvements described herein, it being
understood that any remaining improveinents necessary to complete Palmer Nay and
Barber Way will be completed by O'Hard at some future date without obligation on
the part of Delorm and Wrisley.
(3) The City will grant to Davis, Wrisley and Delonn the excess put
property situated in the northeast side of El Camino Kea1 without additional conside
other than the grant of public right of ways to the City as contemplated by this
Agre einen t .
(4) The City will allow the use by the parties hereto of the sewer
capacity of the temporary sewer pump station at Palmer Way and Barber Way in the
event that a gravity sewer system northerly through the Barber and O'Hara properties
has not been constructed at the time of development of the subject properties.
(5) The City shall not require that street lights and sidewalks be
placed on the northeast side of Palmer Way from Impala Drive to the limit of the
work required of Davis.
711 nix6 7
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4. Condemnation. It is dnticipdted that the dedications of red1 propert - - --- - -- -
described herein will suffice to provide public rights of way to accominodate thoe
publ ic iIllprOvellleflts which dre the subject hereof.
property must be acquired for said purpose, dnd such acquisition cannot be obtaine
through dedication, it is further assuined by the parties hereto that the City of
Carlsbad will exercise its right of ei,iincnt dollidin for the purpose of acquiring a1
red1 property necessary to instal 1 said publ ic improvements.
upon dssurances by the City that, in the event thdt the installation of public
improvements upon private property is imposed as a condition of approval of a
project upon a developer, and said developer does not own the private property up01
Which such iniprovements must be pl aced, the City considers it an ob1 igation iinpl ic
in such condition to undertake whatever condemnation proceedings would be required
to effect the condition. As noted in the recitals hereinabove, the public improver
required to be built upon private property were iinposed by the [city as conditions
of its approval of the Gateway project.
5. ~- Attorneys' .- Fees and Costs. The prevailing party in any dispute with
If, however, additional real
Such assumption is b,
respect to the terms hereof shall have the right to recover from the non-prevailin5
party or parties all costs and attorneys' fees incurred in the course of resolving
such dispute.
6. - Counterparts. This Agreement may be signed by the parties hereto in
counterparts.
DAVIS DEVELOPMENTS
BY
BY
Fred Malters
Will iatn Davis
-
Robert Del om1
I_
Ral ph Wri sl ey
Acknowl edgement:
CITY OF CAKLSUAD
BY
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33) The developer shall record an easement securing the r
unrestricted public access for the property adjacent southerly line of the project that fronts on El Camin
The form and content of the easement deed shall be to
satisfaction of the City Engineer and shall be record certified copy provided to the City Engineer prior to issuance of a building permit. The access easement s no less than 24 feet wide and shall include access fr Palmer Way and El Camino Real via the right in/out dr
permitted by this project.
34) Improvements listed in this section shall be installe agreed to bz installed by secured agreement by the de
before the issuancL of any building permit. The deve
shall obtain approval of the plans from the City Engi pay all associated fees and performance guarankees pr issuance of any building permit. The developer shall said improvements to the satisfaction of the City Eng
prior to issuance of a Certificate of Occupancy or oc of any portion of the project for any purpose. The
improvements are:
a) Palmer Way to full width industrial street standa its existing northerly terminus to the northerly
the projack. This includes securing thc rlght-of this str act,
b) A temp .r.~ry tum ~.~ound, h7rl.icade ana w~,rtifrlrj si
th= ~orthc; 5 : tempo-ary tei itqinud of Pallael. Wey. c) Sanitary sever ~rom the a;.isting milhole (which 1 appcorimacely 155 feet eastezly t i the intersecti Pa1mc.c Wdy and Impalz Drive) thence to ale inters
of Palr,,r Way and Impah Drive thence to the no,t
line of the project.
item shall hav, appropriate stubs for future conn
The developer shall commission a sewer basin stud sufficient in detail and to the satisfaction of t Engineer to ascertain the size of sanitary sewer
facilities required by these conditions.
Manholes constructed under
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d) Sanitary sewer pump station sized to meet the
requirements of sub-item (c) above.
e) El Camino Real to one-half width prime arterial s standards for its entire length along the project
frontage The median required by this subitem sh
installed at such time as the City Engineer direc
f) Additional street lights on El Camino Real
g) Street lights on Palmer Way
h) All public improvements shown on the site plan
i) Remove and replace the sidewalk in El Camino Real to the curb inlet located approximately 235 feet
of the southwesterly corner of the project. It i
must be replaced.
during the course of constructing this project
anticipated that approximately 50 square feet of
j) Removal and replacement of all public facilities
PC RES0 NO. 2410 -7-
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k) Deceleration lane and appropriate signage for the on El Camino Real. The lane shall be no less tha feet long. The deceleration taper shall be no les
50 feet long. Except for the tapered portion, the shall be no less than 12 feet wide. Palmer Way to full width industrial street standar @ the-northerly line of this project to the wester11 of "C" Street, excepf that the _pavement width shal
feet and centered in the right-of-way. Concrete c
gutter and sidewalk may be omitted. Asphalt curb be provided, A 300 foot long width transition for
Way, with appropriate signage, shall be provided 1
northvesterly boundary of the project in a wester1
direction. The alignment of Palmer Way and the IC
of "C" Street shall be similar to that shown on tE approved tentative map for CT 83-6.
"C" Street to full width industrial street standai the northerly line of Palmer Way to the existing
travelled way of El Camino Real, except that the j
width shall be 28 feet and centered in the right-c Concrete curb, gutter and sidewalk may be omitted Asphalt curb shall be provided. The alignment ant location of "C" Street shall be similar to that sl the approved tentative map for CT 83-6. The
accelei-ation and deceleration lanes -shown on the
tenLFLive mrip for Ct 83-6 are specifically not apl @ El Ctrttino Re= 1. to p*:ime a.-Lorial standards for it
northcrly h--lf for distance ' of 300 r'ezt on each
irnproverneqts that pertain to those facilities req
the C.iiy Eqineer to copstruct a right in/out on1
intersection with "C" Street shall be reuired.
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the intersection with "C" St.'eet, except thdt onl?
35) The developer may satisfy conditions 34(1), 34(m) and by initiating and completing the proceedings for an
assessment or other district as may be satisfactory t
city of Carlsbad Council to fund the design and const of the improvements listed in this condition. The di formation proceedings shall be completed prior to the issuance of building permits.
a) Palmer Way to full width industrial street standa it's existing northerly terminus (which lays
approximately 390 feet north of the south-east co this project) to the northerly line of 'C' Street
from the easterly line of College Boulevard to th
easterly line of 'E' Street.
the easterly line of 'B' Street to the northerly
'C' Street.
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b) Palmer Way to full width collector street standar
c) IC' Street to full width industrial street standz
Palmer Way to El Camino Real.
PC RES0 NO. 2410 -8-
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d) The portion of College Boulevard east of its medi
laying between the westerly extension of the nort
right-of-way line of Palmer Way to the southerly
El Camino Real. The portion of College Boulevard
constructed shall be to major arterial standards
that the curb to curb width shall be forty feet.
e) El Camino Real to prime arterial standards for it northerly half for distances of 300 feet on each
the intersection with 'C' Street, except that on1
improvements that pertain to those facilities rec
the City Engineer to construct a right in/out on1
intersection with IC' Street shall be required.
f) Temporary median improvements, lane striping, tra
warning and control facilities (excluding traffic
signals) and associated facilities to provide an
intersection at College Boulevard and El Camino R
g) Temporary barricades at the street intersections
major driveway entrances that are not in use at t
of construction of these street improvements.
h) St>eet lights.
i) Domtstic water, sanitary sewer and storm drain li loc.rted within thL rights.of-way to th.- street &
coaskructed by the assedtsment distticl.
Storm- drain facilities necessary to s=rve the str
being constructed by thz assessment district and
adjacent properties that would otherwise have imp
storm water due to the street design of the asses district.
The improvements of this condition shall be construct
the satisfaction of the City Engineer. Sub-items a,
this condition and the portions of sub-items g, h, i,
of this condition that are within or necessitated by
items a, c, and e of this condition shall be complete
to issuance of any Certificate of Occupancy for this
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36) The developer and owner of the project shall relinqui
direct accesss to ~l Camino Real for the project site
excepting only the driveway shown on the site plan an
driveway for right in/out access only.
37) The developer shall comply with all the rules, regula
design requirements of the respective sewer and water
regarding services to the project.
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/I// -9- PC RES0 NO. 2410
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Carlsbad, California 92008
Re: Half-S treet Improvements for Carlsbad Gateway (SDP 84-5) - Agenda Item #21
Dear Members of City Council:
It has been suggested that the request by Gateway that the City condemn for right of way across the Delorm and Wrisley properties is the result of an unwillingness to fairly compensate the owners for such right
of way. That has not been the case.
The draft agreement approved by all the parties provided for
compensation by Gateway as required by Dxorm and Wrisley in the form
of the installation of full street improvements. A letter
from Mr. Grosse, representing Delorm and Wrisley , confirms agreement by the property owners (see attachment).
Gateway agreed.
At the insistence of Delorm and Wrisley, the agreement also required development concessions from the City. (The draft agreement is attached to your agenda packet.) When the City refused, however, to agree to
such concessions, Mr. Grosse's clients changed their minds and rejected the agreement. Now, they want two acres of land from the Gateway project in return for the necessary right of way.
If, indeed, the value of the right of way is in dispute, a
condemnation action is the proper forum for resolving such a difference.
A court, basing its finding upon appraisals, will determine the fair compensation to be paid to said owners. &@L{/
KENN T H. LOUNSBE Y For: lsbad Gateway
KHL : ss
Attachment
cc: F. Aleshire City Clerk
V. Biondo F. Walters
M. Orenyak R. Grosse
San Mmcm San Dbgo Newport Beach
Sen Marcos. Ca 92069 (619) 744-3133
Headquarters- 1570 Linda Vista Drive 2810 Camino Del Rio South Suite 201 1400 Bristol Street North Suite 250
San Diego, Ca 92108 (619) 2914148 Newport Beach, Ca 92660 (714) 476-
*
5850 Avenida Encinas, Suite A Carlsbad, California 92008 Phone 619/438-
February 3, 1986
t4r. Frank Aleshire
City lknager
City of Carl sbad
1200 Elm Street Carlsbad, CA 92008
Re : Davi s/Del onii Property . ..
Dear Frank;
Enclosed is a draft of the Property Developnent Agreement which all parties
hope will enable the Gateway Project to proceed.
Hy cl ient, Mr. Delorrii, is prepared to execute the agreement and a draft has
been presented to Ilr. \irisley who has previously endorsed the deal points of
the transaction. Fred Walters has asked iiie to present this draft to you and request a meeting with you, the City Attorney, the City Engineer
and representatives of our group sometime in the next week if your schedule permits.
I appreciate your help in this matter. Please advise me.
Sincerely, bir o s s e
KW G/d bw Enclosure
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cc: Mr. Fred Walters
State Contractors License No. 378383