HomeMy WebLinkAbout1986-08-12; City Council; 8729; Condemnation of Property in CityCI1 OF CARLSBAD - AGEND BILL
AB# ^7^7
MTG 8/12/86
DEPT. CA
TITLE: AUTHORIZING AND DIRECTING THE CONDEM-
NATION OF PROPERTY IN CITY OF CARLSBAD
DEPT. HD.
filTY ATTY \ /J5r1
CITY MGR. &&-
RECOMMENDED ACTION:
By motion, adopt Resolution No authorizing and directing
the condemnation of drainage easements along the southerly portion
of Palomar Airport Road.
ITEM EXPLANATION
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As a condition to the approval of Carlsbad Tract 82-4, the developer,
Birtcher Business Center, is required to improve the existing
drainage way adjacent to the southerly right-of-way of Palomar
Airport Road along the boundary to the proposed industrial park.
The owner of the subject property, the Aladray Family Trust, was
contacted on May 5, 1986 and offered just compensation for the
purchase of easements to be used in the extension and improvement of
the drainage way. This offer has, to date, not been accepted.
In accordance with state law, the City has given notice of this
public hearing by personal service to the owner of the subject
property. The City is not required to consider the request of any
person to be heard who did not make a written request to be heard on
or before August 12, , 1986, nor the request of any person
not an owner of aninterestin the property being condemned.
Adoption of the Resolution(s) of necessity requires a two-thirds
vote and conclusively establishes the findings contained therein
(they cannot be contested in the court proceeding).
In Resolution No. 1995, the City Council acknowledged that additional
drainage easements and drainage structures were required for the
development of the industrial park known and designated as Corporate
Palomar Phase II.
In its efforts to acquire a site sufficient to accommodate the second
phase of its industrial park project, the developer has spent
approximately one year appraising, making offers and attempting to
negotiate the purchase of all included interests. Only one property
owner, the Aladray Family Trust, has refused to permit construction
on their property. Following stalled attempts to try to purchase the
entire Aladray parcel, the developer decided to acquire an easement
interest only. However, the Aladray Family Trust has not responded
to the developer's offer for a drainage easement based upon fair
market value as determined by an MAI appraiser.
FISCAL IMPACT
None
OO
Agenda Bill #
Page 2
EXHIBITS
1. Notice of Public Hearing to Condemn Real Property Interests in
the City of Carlsbad, California
2. Resolution No. ^pyf/S^authorizing and directing the condemnation
of certain real property interests in the City of Carlsbad, State
of California, and declaring the public necessity therefor.
3. Offer of Just Compensation to the Aladray Family Trust dated
May 5, 1986, with attachments
DATE THIS NOTICE IS POSTED: ftu&usT 6> 1986
NOTICE OF PUBLIC HEARING
The City Council of the City of Carlsbad will hold a public
hearing on August 12 f 1986 at 6:OQ P .m., or as soon
thereafter as the matter may be heard, at the Carlsbad City
Council Chambers at 1200 Elm Avenue, Carlsbad, California, 92008.
It is the intent of the City Council to consider at that time the
adoption of a Resolution of Necessity to authorize condemnation of
an easement for drainage and related purposes on the property
described in Exhibit "A" to this notice.
Pursuant to California Code of Civil Procedure Section
1245.235, each person whose property interests are to be acquired
by eminent domain has the right to appear and be heard at the
hearing. The City Council will determine whether a) the public
interest and necessity require the project; b) the project is
planned or located in the manner that will be the most compatible
with the greatest public good and the least private injury; and c)
the property sought to be acquired is necessary for the project.
Failure to file a written request to appear and be heard
within fifteen (15) days after the date of this notice (set forth
above) will result in waiver of the right to appear and be heard
at the City Council hearing.
A legal description of property interests which will be
affected by the Resolution of Necessity is included in Exhibit "A"
to this notice. These property interests are further identified
by the attached Map, included here as Exhibit "B."
NOTICE OF PUBLIC HEARING
K .
ALETHA L. RAUTENKRANZ, City
Posted in the Carlsbad City Hall on:
Mailed to Owners of Affected Property
Interests on: July 28, 1986
MIUFORD W. DAHL*
GARVIN F. SHALLENBERGER1
JAMES R. MOORE'
H. L. (MIKE) McCORMlCK*
WILLIAM R. BIEL-
EVRI3 K! (VICKI) DALLAS
RAND*LL M. BABBUSH
RANS- L. REZEN
PHILi? M. PRINCEJOHN L. FELLOWS MI
RICHARD A. CURNUTT*
MICHAEL W. IMMELL*
RICHARD P. SIMS'
MARSHALL M. PEARLMAN*
ROBERT C. BRAUN*
BARRY R. LAU0SCHER'
ROBERT W. ALBERTS
WILLIAM V. SCHMIDT
DAVID C. LARSEN'
ARTHUR G. KIDMAN'
MICHAEL D. RUBIN*
IRA G. RIVIN'
JOSEPH D. CARRUTH
STAN WOLCOTT*
ROBERT S. BOWER'
MARCIA A. FORSYTH
WILLIAM J. CAPLAN
MICHAEL T. HORNAK
JANICE L. CELOTTI
JOEL D. KUPERBERG
M. TONI PERRY
THOMAS G. BROCKINGTON
DAVID J. ALESHIRE
JAMES L. MORRIS
JAMEE J. LITTLE
M. KA-HERINE JENSON
SELVX J. MANN
CAHC. J. FLYNN
SCOT- R. PINZONE
HELE<* A. ROSICHAUD
DIRC* J. EDGE
RICi-*RD G. MONTEVIDEO
KARE't L, BUSH
JOI- ">. M. WHAY
CARC-E STEVENS
LEE v STRAUS
J AM£; P. Fl NERTY
LEONARD P. SWYER
GAR* •*. BAUM
ELIZ*3ETH M. COWLES
KIM ~ THOMPSON
RUT- i. EI5EN
ARNC .D E. BRIER
RUTAN & TUCKER
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CENTRAL BANK TOWER, SUITE I4OO
SOUTH COAST PLAZA TOWN CENTER
611 ANTON BOULEVARD
POST OFFICE BOX I95O
COSTA MESA, CALIFORNIA 926E8-I95O
July 28, 1986
A. w. RUTAN tiaeo-ia'at
JAMES B. TUCKER. SR. (1883-19501
H. RODGER HOWELL (1025-19831
TELEPHONE (714) 641-SIOO
(213) 6Z5-75S6
TELECOPIER (714) S46-9O3S
TELEX 9IO 596-1883
CABLE ADDRESS RUTAN TUC CSMA
ZAP MAIL (714) 957-O749
WILLIAM W. WYNDER
MARY M. GREEN
•A PROFESSIONAL CORPORATION
i A, ROGOFF
Nazeah Aladray and Josephine Aladray
as Trustees of the Aladray Family
Trust, dated September 9, 1980
P.O. Box 2308
Rancho Santa Fe, California 92067
Re: Notice Of Public Hearing To Condemn An
Easement for Drainage Purposes Across
Certain Real Property In'The City of
Carlsbad, California
Dear Mr. and Mrs. Aladray:
Our records indicate that you are the owner of certain real
property which is being considered for condemnation by the City of
Carlsbad.
The City Council of the City of Carlsbad will hold a public
hearing on August 12, 1986, at 6:00 p.m., or as soon thereafter as
the matter may be heard, at the Carlsbad City Council Chambers at
1200 Elm Avenue, Carlsbad, California 92008. It is the intent of
the City Council to consider at that time the adoption of a
Resolution of Necessity to authorize condemnation of an easement
for drainage and related purposes on the property described in the
attached Exhibit "A".
RUTAN & TUCKER
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFES5IONAL CORPORATIONS
Nazeah Aladray and Josephine Aladray
July 28, 1986
Page 2
Pursuant to California Code of Civil Procedures Section
1245.235, each person whose property interests are to be acquired
by eminent domain has the right to appear and be heard at the
August 12th hearing. The City Council will determine whether (a)
the public interest and necessity require the project; (b) the
project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private
injury; and (c) the property sought to be acquired is necessary
for the project.
Failure to file a written request to appear and be heard in
the office of the City Attorney at the Carlsbad City Hall within
fifteen (15) days after the date this notice is mailed will result
in waiver of the right to appear and be heard at the
aforementioned hearing.
A legal description of the property interests which will be
affected by the Resolution of Necessity is included in Exhibit "A"
to this letter. These property interests are further identified
by the attached map, included here as Exhibit "B".
Remember, if you wish to appear and be heard at the August
12, 1986, public hearing, you must file a written request with the
City within fifteen (15) days after the date this notice is
mailed. The City welcomes your participation.
If you should have any questions, please call me collect at
(714) 641-5100.
Very truly yours,
RUTAN & TUCKER
?>M
JMO:de
Jeffrey M. Oderman
Special Counsel
cc: David Eden, Esq., Attorney for the Aladrays
Daniel S. Hentschke, Esq., Asst. City Attorney, Carlsbad
Attachments
DESCRIPTION OF EASEMENT
A PORTION OF THAT PARCEL OF LAND GRANTED TO NAZEAH ALADRAY AND JOSEPHINE
ALADRAY, AS TRUSTEES OF THE ALADRAY FAMILY TRUST DATED SEPTEMBER 9, 1980,
BY GRANT DEED OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-302157 RECORDED ON SEPT-
EMBER 22, 1981, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESIGNATED
"DESCRIPTION NO.5, 103-5** ACRES" ON RECORD OF SURVEY MAP NO 5715 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, I960,
BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. S23, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN'DIEGO COUNTY, NOVEMBER 16, 1.836;
THENCE ALONG THE WESTERLY BOUNDARY OF THE AFORESAID PARCEL OF LAND GRANTED
TO NA2EA ALADRAY AND JOSEPHINE ALADRAY N7°55'33"E 139-22 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY BOUNDARY N7055'33"E
AO.^3 FEET TO A POINT OF INTERSECTION WITH THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD ACCORDING TO R.S. 153^, SAID POINT BEING ON THE ARC OF
A CURVE WITH A RADIUS OF 1933 FEET; THENCE ALONG THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD AND THE ARC OF THE AFORESAID 1933 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4°16'33" FOR A DISTANCE OF HA.26 FEET TO A POINT
OF INTERSECTION WITH THE EASTERLY BOUNDARY OF THE AFORESAID ALADRAY PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY S12058'19"W 40-52 FEET TO A POINT OF
INTERSECTION WITH A CURVE HAVING A RADIUS OF 1893 FEET; THENCE ALONG THE ARC
OF THE AFORESAID 1893 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF k°15'3k1'
A DISTANCE OF 1^0.73 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING
5693.81» SQUARE FEET OF LAND.
EXHIBIT A
7
FUTURE
T.P.O.B.
EASEMENT DATA
A=4el5'34" R=I893' L= 140.728*
PLAT OF EASEMENT
FOR DRA! NAGE IMPROVEMENTS
EXHIBIT B
HENRY WORLEY ASSOCIATE:
CIVHENOINEEK'NO D SUWVtTINO O Pt>NNI*
nr> COHVOT OOO«T. turn «-*
»AM OUGO, CA 17111 (7144 $71-<r
RESOLUTION NO. 8745
A RESOLUTION OF THE CITY OF CARLSBAD
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
CARLSBAD, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR
WHEREAS, the City of Carlsbad (hereinafter referred to as the
"City") is authorized by virtue of the Constitution and statutes
of the State of California to acquire property by eminent domain
and to hold, use and enjoy said property as necessary to full
exercise of its power; and
WHEREAS, the Carlsbad City Council has previously adopted
Resolution No. 1995, approving with conditions Tentative Map CT
8 2- 4/PUD 38, and requiring Bircher Business Center (hereinafter
referred to as the "Developer") to provide an off site drainage
easement and to install an offsite drainage facility within said
easement in conjunction with the development of the industrial
park known and designated as CORPORATE PALOMAR PHASE II
(hereinafter referred to as the "Subdivision"); and
WHEREAS, the easement to be acquired for said drainage
facility is located on that certain real property (hereinafter
referred to as the "Property") which is more particularly
identified in Exhibit "A" attached hereto and incorporated herein
by this reference; and
WHEREAS, development of the Subdivision is consistent with
the General Plan and the zoning of the City; and
RESOLUTION NO.
WHEREAS, the owner of the Property has been contacted and
offered just compensation for the acquisition in accordance with
Section 7267.2 of the Government Code; and
WHEREAS, all persons whose names and addresses appear on the
last equalized assessment roll for the Property were given notice
and an opportunity to be heard pursuant to Code of Civil Procedure
Section 1245.235; and
WHEREAS, a public hearing was held by the City Council on
August 12, 1986, at which the matters set forth above and in Code
of Civil Procedure Section 1240.030 were discussed, including the
following matters:
(a) Whether the public interest and necessity
require the project; and
(b) Whether the project is planned or located in
the manner that will be the most compatible with the
greatest public good and the least private injury; and
(c) Whether the property sought to be acquired is
necessary for the project; and
(d) Whether an offer of just compensation pursuant
to Government Code Section 7267.2 has been made to the
owners of record, or the offer has not been made because
the owner cannot be located with reasonable diligence.
•NOW, THEREFORE, the City Council of the City of Carlsbad
hereby resolves and finds as follows:
Section 1. That the above Recitals are all true and correct.
-2- RESOLUTION NO. <y- 7 V£
Section 2. That the public interest and necessity require
the acquisition of an easement for drainage and related purposes
across the Property described in Exhibit "A" hereto in order to
provide for the construction and completion of needed drainage
improvements for the Subdivision and surrounding area.
Section 3. That the easement in the Property which is hereby
sought to be condemned includes only land which is necessary for
the proposed project.
Section 4. That the project is located in a manner most
compatible with the greatest public good and the least private
injury for the following reasons:
(a) Drainage channels have been or are being
provided for both upstream and downstream from the
Property;
(b) The easement to improve and extend said
drainage channels will encumber only one owner's
property interests, but will benefit the entire area;
(c) Condemnation of an interest in the Property
for drainage easement purposes will not interfere with
the owner's use of the remainder of his property and
will actually improve said owner's property in a manner
that the owner would be required to improve it if said
owner were to develop first; and
(d) The drainage easement and improvements will be
paid for by the Developer and will not require the use
of City funds.
Section 5. A description of the General location and extent
of the interest in the Property to be taken, with sufficient
-3- RESOLUTION NO.
detail for reasonable identification, is set forth in Exhibit "A"
attached hereto and by this reference incorporated herein as
though set forth at length.
Section 6. That the offers of just compensation pursuant to
Government Code Section 7267.2 have been sent to all owners of
record and that reasonable diligence has been used to located
every interested owner.
Section 7. That the law firm of Rutan & Tucker, acting as
Special Counsel to the City, is hereby directed to bring action in
the Superior Court of the State of California, County of San
Diego, in the name of the City, and to take the necessary actions
as deemed appropriate by such law firm to prosecute such action to
completion and obtain a final order of condemnation. Not by way
of limitation of the foregoing, Rutan & Tucker is authorized to
make an application to the court for an order fixing the amount of
security by way of money deposits as the court may direct and for
an order permitting the City to take immediate possession of
Property for the uses and purposes herein described.
PASSED, APPROVED AND ADOPTED by the members of the Carlsbad
City Council at a regular meeting held on the 12th day of
August , 1986.
MARY H. ASLER, Mayor
ATTEST:
ALTHEA L. RAUTENKRANZ,
City Clerk
-4- RESOLUTION NO.F 7
DESCRIPTION OF EASEMENT
A PORTION OF THAT PARCEL OF LAND GRANTED TO NAZEAH ALADRAY AND JOSEPHINE
ALADRAY, AS TRUSTEES OF THE ALADRAY FAMILY TRUST DATED SEPTEMBER 9, 1980,
BY GRANT DEED OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-302157 RECORDED ON SEPT-
EMBER 22, 1981, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESIGNATED
"DESCRIPTION NO.5, 103.54 ACRES" ON RECORD OF SURVEY MAP NO 5715 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960,
BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896;
THENCE ALONG THE WESTERLY BOUNDARY OF THE AFORESAID PARCEL OF LAND GRANTED
TO NAZEA ALADRAY AND JOSEPHINE ALADRAY N7°55'33"E 139-22 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY BOUNDARY N7°55'33"E
40.43 FEET TO A POINT OF INTERSECTION WITH THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD ACCORDING TO R.S. 153*», SAID POINT BEING ON THE ARC OF
A CURVE WITH A RADIUS OF 1933 FEET; THENCE ALONG THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD AND THE ARC OF THE AFORESAID 1933 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4°1b'33" FOR A DISTANCE OF 144.26 FEET TO A POINT
OF INTERSECTION WITH THE EASTERLY BOUNDARY OF THE AFORESAID ALADRAY PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY S12058'19"W 40.52 FEET TO A POINT OF
INTERSECTION WITH A CURVE HAVING A RADIUS OF 1893 FEET; THENCE ALONG THE ARC
OF THE AFORESAID 1893 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4°15'34"
A DISTANCE OF 140.73 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING
5693.84 SQUARE FEET OF LAND.
EXHIBIT A-l
FUTURE R/
EASEMENT DATA
k« 4° 15*34" R=I893' L* 140.728'
I2*58*I9HE L=40.5I9'
•4° 16* 33" R = I933' L* 144.255'
7* 55* 33" W L= 40.434* 3
In:A.RN.212-04-26
PLAT OF EASEMENT
FOR DRAINAGE IMPROVEMENTS
EXHIBIT A-2
HENRY WORLEY ASSOCIATES
CIVIL CNOtNfEOiNG O SUWfYING O PLANNING
nnoon^trrooam. (urrtA-t /i_/•AN o<eGO. CA trttt (Ti4j sri-rnt ' i
RICHARD P. SIMS-
ROGER A. GRABLE'
ROBERT w. ALBERTS
WILLIAM V. SCHMIDT
DAVID C. LARSEN-
CLIFFORD E. S'RIEDEN
ARTHUR G. KIDMAN*
MICHAEL O. RUBIN*
IRA G. RIVI N*
JOSEP-- D. CARRUTH
ROBERT 5. BOWER*
MARCIA A. FORSYTH
EVR
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RUTAN & TUCKER
ATTORNEYS AT LAW
A PARTNERSHIP NC-JC NG PROCESS ONAi_ CORPORATIONS
CENTRAL BANK TOWER, SUITE !-*OO
SOUTH COAST PLAZA TOWN CENTER
61! ANTON SOU LEVARD
POST OFFICE BOX I95O
COSTA MESA. CALIFORNIA 92628-I95O
i 8SO-'972'
SON
R. PINZONE
A. RQB'CHAUO
. EDGE
.GASTELUM
o G. MONTEVIDEO
NTH FLYNN
STEVENS
STRAUS
ANNE NELSON LANPHAR
WILLIAM J. CAPtAN
JANICE L. CELOTTI
PHILIP D. KOHN
JOEL D. KUPERSERG
M. TONI PERRV
STEVEN A. NICHOLS
THOMAS G. BROCKINGTON
DAVID J. ALESHIRE
JAMES L. MORRIS
LORI SARNER SMITH
JAMES P. FiNEHTY
LEONARD P. SWYER
GARY M. BAUM
RUTH i. E1SE.N
ARNOLD E. BRIER
TELEPHONE 1714) 64I-5IOO
(213) 635-7586
TELECOPIER !7I4) 546-9035
May 5, 1986
TELEX 910 596-1883
CABLE ADDRESS RUTAN TUC CSMA
ZAP MAIL (714) 957-O749
IN REPLV PLEASE REFER TO
L •WOI'CS* IONAL. COn»O*>ATlON
David Eden, Esq.
2605 Camino Del Rio South
Suite 108
San Diego, California 92108
Re: Property Owned by Nazeah Aladray and
Josephine Aladray, as Trustees of the
Aladray Family Trust Dated September 9, 1980
Consisting of Approximately 0.73 Acres on the
South Side of Palomar Airport Road West of
Palomar Oaks Way, in the City of Carlsbad
Dear Mr. Eden:
The undersigned is special counsel to the City of Carlsbad.
As I indicated to you in our telephone conversation on
Wednesday, April 30, 1986, the City of Carlsbad intends to
acquire a drainage easement across the above-referenced
property. You indicated that you' represent the Aladrays in the
matter and are authorized to receive an offer to purchase the
drainage easement and, accordingly, this letter is being sent to
you. If for any reason you wish to have me convey this letter
directly to the Aladrays, please advise immediately.
NOTICE OF INTENT TO ACQUIRE
Resolution No. 1995 of the City Council of the City of
Carlsbad, approving with conditions tentative map CT82-4/PUD38,
RUTAN <& TUCKER
ATTORNEYS AT LAW
David Eden, Esq.
May 5, 1986
Page Two
requires the subdivider to dedicate and provide certain improve-
ments, to wit: additional drainage easements and drainage
structures which have been determined to be essential to provide
needed public facilities for the subdivision and to mitigate the
public facilities burdens created by the subdivision. A portion
of the required drainage easement and drainage structures are to
be located off of the subdivided property on your clients'
property. In order to enable the City to acquire the easement
and pursuant to California Government Code Section 66462.5 and
Section 20.16.095 of the Carlsbad Municipal Code, the City of
Carlsbad hereby submits this offer to you to acquire an easement
for drainage purposes across that portion of your clients'
property identified in the legal description and shown on the
"Plat of Easement for Drainage Improvements" attached to this
letter as Exhibit "A."
OFFER TO PURCHASE
To determine the fair market value of the drainage easement
to be acquired on your clients' real property, the City of
Carlsbad has had it appraised by John S. Adams, M.A.I., a
qualified appraiser. On the basis of Mr. Adams' appraisal, the
agency offers the total amount of $7,125.00 as fair market value
for the drainage easement. This offer is comprised of the
following elements of value:
Land and Improvements: $7,125.00
Fixtures and Equipment: none
TOTAL $7,125.00
This offer is the full amount that the City of Carlsbad believes
to be just compensation for the drainage easement across your
clients' property. It is not less than the approved appraisal
of the fair market value of the drainage easement.
Enclosed herewith is an Appraisal Summary Statement further
explaining the basis of this offer. While the City is not
required to send you its full appraisal report, I am doing so at
your request in the hope that this will facilitate a full
understanding of the basis of the City's offer and an early
resolution of the matter.
RUTAN & TUCKER
ATTORNEYS AT LAW
David Eden, Esq,
May 5, 1986
Page Three
The City recognizes that, under certain circumstances,
portions of real property or improvements pertaining to the
realty which it proposes to buy may belong to a tenant rather
than to the title holder of the real estate parcel. In such
cases, the City will apportion its offer of just compensation in
accordance with the respective interests of the owner and
tenant. The owner and the tenant must be in full agreement as
to such an apportionment before the City can conclude a property
acquisition in such a case.
RELOCATION BENEFITS
State and federal laws provide that specified relocation
assistance must be made available to persons displaced from
residential or commercial property as a result of the City of
Carlsbad's acquisition activities. This purchase offer does not
include any consideration or allowance for relocation benefits
since the property is unimproved and not occupied.
CONCLUSION
The City of Carlsbad is required to document presentation
of this offer to your clients. In this regard, I would appre-
ciate it if you would please sign below where indicated and
return to me the enclosed copy of this letter, indicating your
receipt of the letter and enclosed material. Please be assured
that your signature does not indicate acceptance of the offer,
but only receipt thereof.
Please be assured that the City shall make every effort to
cooperate with you and your clients in seeking a mutually
satisfactory conclusion to these negotiations. I will be
representing the City in this transaction, so please feel free
to call me directly.
Very truly yours,
RUTAN A TUCKER
Jtfffryey M7 Oderman
JMO:j b
Enclosure
cc: Daniel S. Hentschke, Asst. City Attorney, Carlsbad
CERTIFIED MAIL —
RETURN RECEIPT REQUESTED
17
RUTAN <& TUCKER
ATTORNEYS AT LAW
David Eden, Esq.
May 5, 1986
Page Four
ON BEHALF OF NAZEAH ALADRAY AND JOSEPHINE ALADRAY, AS
TRUSTEES OF THE ALADRAY FAMILY TRUST DATED SEPTEMBER 9, 1980,
THE FOREGOING OFFER AND SUMMARY STATEMENT WERE RECEIVED ON
, 1986.
DAVID EDEN
/r
DESCRIPTION OF EASEMENT
A PORTION OF THAT PARCEL OF LAND GRANTED TO NAZEAH ALADRAY AND JOSEPHINE
ALADRAY, AS TRUSTEES OF THE ALADRAY FAMILY TRUST DATED SEPTEMBER 9, 1980,
BY GRANT DEED OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 81-302157 RECORDED ON SEPT-
EMBER 22, 1981, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESIGNATED
"DESCRIPTION NO.5, 103-54 ACRES" ON RECORD OF SURVEY MAP NO 5715 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, I960,
BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 18°6;
THENCE ALONG THE WESTERLY BOUNDARY OF THE AFORESAID PARCEL OF LAND GRANTED
TO NA2EA ALADRAY AND JOSEPHINE ALADRAY N7°55'33"E 139.22 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY BOUNDARY N7°55'33"E
40.43 FEET TO A POINT OF INTERSECTION WITH THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD ACCORDING TO R.S. 1534, SAID POINT BEING ON THE ARC OF
A CURVE WITH A RADIUS OF 1933 FEET; THENCE ALONG THE FUTURE RIGHT OF WAY OF
PALOMAR AIRPORT ROAD AND THE ARC OF THE AFORESAID 1933 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4°16'33" FOR A DISTANCE OF 14*4.26 FEET TO A POINT
OF INTERSECTION WITH THE EASTERLY BOUNDARY OF THE AFORESAID ALADRAY PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY S12°58'19"W 40.52 FEET TO A POINT OF
INTERSECTION WITH A CURVE HAVING A RADIUS OF 1893 FEET; THENCE ALONG THE ARC
OF THE AFORESAID 1893 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4°15'34"
A DISTANCE OF 140.73 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING
5695.84 SQUARE FEET OF LAND.
EXHIBIT n
FUTURE R/
EASEMENT DATA
t^A = 4° 15*34* R= 1893* L= 140.728*
S^N I2°58'|9"E L=40.5I9*tA=40l6'33" R = I933' L= 144.255*
S 7e55*33"W L= 40.434* 3
O
CO/
A.P.N.212-04-26
PLAT OF EASEMENT—^——. — ... -v
FOR DRAINAGE IMPROVEMENTS
EXHIBIT A_
HENRY WORlEY ASSOCIATE
Ai*<«a O $U*VfriNG O PlANND
APPRAISAL SUMMARY STATEMENT
The City of Carlsband
Owner: Nazeah and Josephine Aladray, as Trustees of the Aladray
Family Trust dated September 9, 1980
Parcel No; 212-04-26
Property Location; Approximately 5,700 square feet of an
approximately 31,799 square foot parcel located on the south side
of Palomar Airport Road, west of Palomar Oaks Way in the City of
Carlsbad (See attached legal description.)
Present Zoning; P-M-Q
Present Use; Vacant
Total Property Area; 31,795 square feet
Area to be Acquired; 5,700 square feet
Degree of Title to be Acquired;
Fee Interest Easement Interest X
The following is a summary of just compensation for the above
acquisition. Compensation is based upon an appraisal performed by
a qualified appraiser, reviewed by another qualified appraiser,
and approved by the undersigned for the City of Carlsbad:
Land and Improvements: $7,125.00
Improvements Pertaining
to the Realty
(Fixtures and Equipment): 0.00
Severance Damages: 0.00
TOTAL $7,125.00
JEFFREY^ M. QOERMAlT " DATE
Specyal Counsel
The offer is the full amount believed by the City of Carlsbad to
be just compensation for your property interest. It is not less
than the City's approved appraisal of the Fair Market Value of the
real property to be acquired. Any decrease or increase in the
fair market value of the real property to be acquired prior to the
date of valuation caused by the public improvement or project for
which the property is to be acquired, or by the likelihood that
the property would be acquired for such improvement or project,
other than that due to physical deterioration within the
reasonable control of the owner, has been disregarded by the City
and its appraiser in making their determination of the fair market
value of such property.
FAIR MARKET VALUE, as used in the appraisal is ". . . the highest
price on the date of valuation that would be agreed by a seller,
being willing to sell but under no particular or urgent necessity
for so doing, nor obligated to sell, and a buyer, being ready,
willing and able to buy but under no particular necessity for so
doing, each dealing with the other with full knowledge of all the
uses and purposes for which the property is reasonably adaptable
and available." (Section 1268.320 Code of Civil Procedure.)
Valuation of your property is based upon an analysis of recent
sales of comparable sites and similar properties in this locality
with consideration to the highest and best use for development of
the property. The potential fair rental for your property has
been considered where applicable by the appraiser in his opinion
of value.
The determination of just compensation does not reflect any
consideration of or allowance for loss of goodwill for relocation
assistance, or for Improvements Pertaining to the Realty (fixtures
and equipment), which the City have determined are not relevant
because the property is vacant, unimproved and unoccupied.
-2-
(X * r\ £c^o_>Jjt^ex^/e<^_.
RANDALL B. HAMUD '
ATTORNEY AT LAW
SUITE 400
555 WEST BEECH STREET
SAN DIEGO, CALIFORNIA 92101
(619) 696-0815
7 August 1986 BY HAND
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: Public Hearing
Condemnation for
Drainage
Palomar Airport Road
12 August 1986
6:00 p.m.
To whom it may concern:
Nazeah Aladray and Josephine Aladray, as Trustees of the Aladray
Family Trust, through their attorney, hereby request to appear
before the City Council and be heard at the subject hearing on 1 2
August 1986. Mr. and Mrs. Aladray oppose the proposed taking of
the affected portion of their property.
Very truly yours,
Randall B. Hamud
cc: Nazeah and Josephine Aladray
RBH/pc