HomeMy WebLinkAbout1988-09-27; City Council; 9653; APPROVAL SETTLEMENT AGREEMENT FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT RIGHT OF WAYRECOMMENDED ACTION:
Adopt Resolution No. 88 -341 approving a settlement agreement between the City of Carlsbad and the Aladray Family Trust for the acquisition of certain rights-of-way required for the Palomar Airport Road West Assessment District, Project No. 3151.
ITEM EXPLANATION:
On May 24, 1988, the City Council retained Special Counsel,
conducted the public hearing, and adopted a resolution declaring
the public necessity for the acquisition of right-of-way through
eminent domain proceedings for the Palomar Airport Road West
Assessment District, Project No. 3151. Negotiations between the
City's Special Counsel and trustees representing one of the
property owners have concluded resulting in the attached
settlement agreement. Approval of the agreement will result in
the City's acquisition of the necessary rights-of-way required
from this particular property owner without proceeding further
with a condemnation action. Staff recommends approval of the
attached settlement agreement.
FISCAL IMPACT:
The improvements to be constructed by the Palomar Airport Road
West Assessment District require the acquisition of approximately
4,300 square feet of frontage on the south side of Palomar
Airport Road from the subject property. Additionally, the
installation of the street improvements currently under
construction require temporary access to the entire site to
facilitate the construction activities. The settlement agreement
proposes the City acquire a perpetual easement interest in the
required frontage right-of-way as well as a temporary
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Page Two of Agenda Bill No. 9653
EXHIBITS :
1. Location map.
2. Resolution No. 68- 3 43 approving a settlement agreement
between the City of Carlsbad and the Aladray Family Trust
for the acquisition of certain rights-of-way required for
the Palomar Airport Road West Assessment District project.
3. Settlement Agreement.
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LOCATION MAP
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SUBJECT PROPERTY
I PROJECT X EXHIBIT PRoJECT NAME PALOMAR AIRPORT ROAD
1 3151 WEST ASSESSMENT DISTRICT
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RESOLUTION NO. 88-347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SETTLEMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ALADRAY FAMILY TRUST REGARDING ACQUISITION OF CERTAIN RIGHTS-OF-WAY REQUIRED FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT, PROJECT #3151
WHEREAS, the City Council of the City of Carlsbad hi
retained and empowered Special Counsel for the purposes I
negotiating the acquisition of certain rights-of-way requirc
for the City's Palomar Airport Road West Assessment Distric
project; and
WHEREAS, Special Counsel has completed negotiations wii
one (1) property owner to affect the aforementioned acquisitioi
and
WHEREAS, the City Council of the City of Carlsbad by th.
action hereby finds it necessary, desirable and in the publ.
interest to approve a settlement agreement between the City I
Carlsbad and the Aladray Family Trust regarding the acquisitic
of the aforementioned right-of-way.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitations are true and correct.
2. That a settlement agreement between the City I
Carlsbad and the Aladray Family Trust and its trustees is here1
approved and the Mayor and City Clerk are hereby authorized ai
directed to execute said agreement. Following the Mayor
signature of said settlement agreement, the City Clerk
further authorized and direct to forward the original copy I
said agreement to the City's Special Counsel for this actio]
Asaro & Keagy, Attention: Richard R. Freeland, 3170 4th Avenuc
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4th Floor, San Diego, California, 92103 to be accompanied by
copy of this approved resolution. The City Clerk is furth
authorized and directed to forward a copy of this agreement a
resolution to the Assessment Engineer for this projec
NBS/Lowry, Incorporated, Attention: Galen Peterson, 10920 V
Frontera, San Diego, California, 92128-0100, and the Municip
Proj ects Department.
PASSED, APPROVED AND ADOPTED by the City Council of t
City of Carlsbad at its regular meeting held on the 27th day
September , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux
NOES: None
ABSENT: None
ABSTAIN: Council Member Lar
ATTEST:
ALETHA L.
(SEAL)
r e RECEIVED SEP - 7 1383 e - *-
RECORDING REQUESTED BY: I I I I
WHEN RECORDED MAIL TO: 1 1 1 1 1 1 This Space For Recorder's Use
AGREEMENT
This agreement is made and entered into this day of August,
1988, by and between NAZEAH ALADRAY and JOSEPmE ALADRAY, as
Trustees of the ALADRAY FAMILY TRUST dated September 9, 1980,
("ALAORAY") and the CITY OF CARLSBAD, a municipal corporation in
the State of California ("CITY").
1. The purpose of this Agreement is to memorialize and make a
part of the public record, an agreement between ALADRAY arid the
CITY which affects real property in the City of Carlsbad, County of
San Diego, State of California ("Property") described as:
That certain parcel of land shown and designated as
"Description No. 3, 78.07 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, according to map thereof No. 823,
filed in the Office of the County Recorder of San
Diego County, November 16, 1896, in the City of
Carlsbad, County of San Diego, State of California.
2. CITY has initiated a Road Improvement Project ("Project")
pursuant to the Municipal Improvement Act of 1913 and has forrried
Assessment District No. 86-1 , Palomar Airport Road, ("Assessment
District") for the purpose of levying assessments on benefitted prop-
erties to finance the Project.
3. ALADRAY is the owner of the Property which Property lies
within the boundaries of the Assessment District and is, therefore,
subject to assessment.
4. The assessment proposed to be levied on the property pursu-
ant to the Assessment District is $1 7,731 .13 ("Assessment).
5. In connection with the Project, CITY requires an easement
and right-of-way over a portion of the Property.
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6. Pursuant to negotiations between CITY and ALADRAY,
ALADRAY has executed, acknowledged and delivered to CITY and CITY
has accepted an easement and right-of-way over a portion of the Prop-
erty as required by the CITY for the Project. Said easement was
recorded in the Office of the County Recorder of San Diego County on
, 1988, as Document No. . Pursuant to
negotiations between ALADRAY and the CITY , as consideration for the
conveyance of the easement, CITY has and does hereby relieve
ALADRAY and the Property from the Assessment set forth in Paragraph
4, which Assessment would otherwise be levied on the Property.
7. This Agreement constitutes the entire understanding and
agreement of the parties and supercedes all negotiations or previous
agreements between the parties with respect to all or any part of the
subject matter hereof. This Agreement shall not be amended except in
writing executed by both parties.
8. The parties hereto intend that this Agreement shall be a
covenant running with the land and that this Agreement and covenant
shall be binding upon the heirs, administrators, successors and assigns of the parties hereto.
9. Nothing in this Agreement shall be construed as prohibitirig
or restricting the CITY from forming any other assessment districts for
any purpose permitted by law which may affect the Property or from
levying additional assessments pursuant to the Assessment District for
any purpose permitted by law and from imposing any such assessment
on the Property as provided by law.
10. ALADRAY and CITY agree that this Agreement shall be
recorded in the Office of the County Recorder of San Diego County.
CITY OF CARLSBAD ALADRAY FAMILY TRUST
a Municipal corporation dated September 9, 1980
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By: &'; A kf- IS- 4fdf9 By : >( 7&?752&' //$:fk;df,-~
Nazeah Aladray, Trustee 4' dLAUDE A. LEWIS, Mayor
By: By: $.,>a,~,.d-~c 7 c- C 2gL4 Hy-+
/Josephine Aladray, Trustee ,'
City Clerk
AGMT1 : 072788a
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ACKNOWLEDGMENT
State of California ) 1 ss.
County of <%.di~-m )
On this &@ day ofd7 hdkwc, 1988, before me, the undersigned,
known to me or proved tc me on the basis of satisfactLry evidence to be the persons whose
names are subscribed to the above instrument and acknowledged that they executed the same.
California.
i personally appeared be ore me P - flj?ffdU ( R J!54 # Executed and sealed by me at
19 d?!. I My commission exdires on /o- d -
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OF COYNS
JAMES R. MOORE' MARK B. FRAZIER ATTORNEYS AT LAW MILFORD W. DA GARVIN F. SHALLENBERGER. DAVID H. HOCHNER
H. L. (MIKE1 MCCORMICK. KARIN T. KROGIUS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS WILLIAM R. BIEL' THOMAS J. CRANE
RICHARD A. CURNUTT. BRUCE A. EMARD CENTRAL BANK TOWER, SUITE 1400 LEONARD A. HAMPEL. JAMES J. LITTLE
JOHN B. HURLBUT. JR.' M KATHERINE JENSON SOUTH COAST PLAZA TOWN CENTER MICHAEL W. IMMELL. SELMA J. MANN
MlLFORD W. DAHL. JR: JANET L. MACLACHLAN 611 ANTON BOULEVARD
THEODORE I. WALLACE, JR: DAVID A THOMPSON
RONALD P. ARRINGTON. CAROL J. FLYNN POST OFFICE BOX 1950 RICHARD P. SIMS. SCOTr R PlNZONE
MARSHALL M PEARLMAN. HELEN A ROBICHAUD COSTA MESA, CALIFORNIA 92628-1950 ROBERT C. BRAUN.
ROGER A GRABLE. JOHN C. GASTELUM
EDWARD 0. SYBESMA. JR * MARY K. RAMSDEN
THOMAS S SALINGER. RICHARD G. AVILA
BARRY R. LAUBSCHER' RlCHARD 0 MONTEVIDEO ROBERT W. ALBERTS DAVID B COSGROVE
WILLIAM V. SCHMIDT' MARK SMlTH FLYNN
TELEX 910 59 DAVID C LARSEN. CAROLE STEVENS
CLIFFORD E. FRIEDEN. ARTHUR G KIDMAN. JAMES P F'NERTY CABLE ADDRESS RUT
IRA G. RIVIN. JEFFREY M. ODERMAN. ELIZABETH M. COWLES
STAN WOLCOTT. ROBERTS. BOWER' RUTH I ElSEN DAVID J. ALESHIRE JEFFREY WERTHEIMER
MARCIA A. FORSYTH STEVENJ ROSANSKY
WILLIAM M. MARTICORENA HANS VAN LIGTEN
JAMES L. MORRIS MATTHEW K. ROSS IN REPLY PLEASE DWIGHT L. ARMSTRONG
ANNE NELSON LANPHAR JOHN F. RAPOSA WILLIAM J. CAPLAN PATRICIA L ANDEL
MICHAEL T. HORNAK ANDREA R. CALEM
JANICE L. CELOTTI J. RUSSELL TYLER, JR.
PHILIP D. KOHN ROBERT 0. OWEN
JOEL D. KUPERBERG BARRY L. ADAMS M. TONI PERRY ADAM N. VOLKERT
STEVEN A NICHOLS PAMELA F. SETNAR
THOMAS 0. BROCKINGTON JEFFREY A GOLDFARB WILLIAM W. WYNDER
EVRlDlKl (VICKI1 DALLAS PATRICK K. HANLY MARY M. GREEN TED M. PURCELL
RANDALL M. BABBUSH JANE BIDWELL
PHlLlP M. PRINCE CARL J. THOMAS
JOHN L. FELLOWS UI
RUTAN 6 TUCKER
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A. W. RUTAN 1181
H RODGER HOWELL
JAMES a. TUCKER, SF
TELEPHONE (714
DII?CK J. EDGE (2131
TELECOPIER (714:
LORI SARNER SMITH
MICHAEL D. RUBIN' ERNEST w. KLATTE. m DOUGLAS D. SHAFFER
JOSEPH D. CARRUTH JAYNE KIM 0 THOMPSON DANOWSKY TAYLOR July 30, 1987
MICHAEL 0. TURNER
4 ;3 SP,NFORD P. SHATZ
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*A PeOFESSIONIIL CORWRATION
7p I' '. Vincent F. Biondo, Jr., Esq.
City Attorney
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008-1989
74 4q@&
Re: City of Carlsbad v. Aladray; San Diego County
Superior Court, North County Division, Case #N3443
Dear Vince:
Congratulations! The City of Carlsbad is now the proud
owner of a drainage easement across the Aladray property. I
am en.closing a copy of the recorded Final Order of
Condemnation.
At this time, we are closing our file on the matter.
Please let me know if you need any further information from
my office.
Very truly yours,
RUTAN & TUCKER
JMO: ritb Je 2-
Enclosure
cc: Robert Campbell
Henry L. Worley
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ml0Rlbl~AL OF THIS DOCUMENT WAS RECoRbEb
VERA C. CYLE. COUNTY RECORDER
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RUTAN & TUCKER fJ@/h? F,LE/PAGE d.73LY
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JEFFREY M. ODERMAN RUTH I. EISEN
Central Bank Building
Costa Mesa, CA 92626 Telephone: (714) 641-5100
City Attorney, City of Carlsbad
ILE Special Counsel, City of Carlsbad
?/x--
611 Anton Boulevard, Suite 1400 JUL 31987
BY 0. mccAu~34
f AUG8
>
VINCENT F . BIONDO, JR .
Attorneys for Plaintiff 'F city of r2r CITY OF CARLSBAD 7%
SUPERIOR COT]RT OF THE STATE OF C,A,LIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION
CITY OF CARLSBAD, ) CASE NO. N34430
FINAL ORDER OF
CONDEMNATION
1 Plaintiff, 1
1 vs. 1
) NAZEAH ALADRAY and JOSEPHINE 1 ALADRAY, etc., et al., 1
1 Defendants. 1
1 ___
The Plaintiff, CITY OF CARLSBAD, having agreed to pay
Defendants the total amount of compensation awarded by the
for the taking of the property described herein and for a1
damages of each and every kind suffered by said m Defendants
reason of the taking of said property;
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND I
that the property described in Exhibit "A" attached heretc
incorporated herein be and is hereby condemned to Plaintil
storm drain and related purposes.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREEL, that pu
Revenue and Taxation Code Section 4986, all taxes, penalt
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costs, if any, relating to the interest in the property des(
in Exhibit "A" condemned to Plaintiff from and after the efj
date of this Final Order of Condemnation be and are hereby
cancelled.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a ce
copy of this Final Order and a release of the Lis Pendens
previously filed and recorded on September 26, 1986, be recc
in the Office of the Recorder of San Diego County and there
title to the easement described in Exhibit "A" shall rest i
Plaintiff.
IJUL $1987.
DATED : , 1987
UWRENCE KnPILOFP
JUDGE OF THE SUPERIOR CC
6/112/065568-000l/006
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4 DLW~IPTION OF EASEHEN1
A PORTION OF THAT PARCEL OF LAN0 GRANTED TO NAZEAH ALAORAY AND JOSEPHIN
LADR RAY, AS TRUSTEES OF THE ALAORAY FAtllLY TRUST DATED SEPTEHBER 9, 198 BY GRANT DEED OF RECORO IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
EWER 22, 1981, MORE PARTICULAALY DESCRIBED AS FOLLOWS:
BECINIJINC AT THE HOST NORTHERLY CORNER OF THAT PARCEL OF LAND DESICNATE~
"D€SCRIPTION NO.5, 103.54 ACRES" ON RECORD OF SURVEY NAP NO 5715 FILED I
THE OFFICE OF THE COUNTY RECORDER OF SAM DIEGO COUNTY, OECENSER 19, 1961
SEINC A PORTION OF LOT "G" OF THE RANCHO ACUA HEDIONDA, IN THE COUNTY 01 SAN DIECO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 823, FILED
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEPMER 16, 18:t
THENCE ALCNC TI!€ WESTERLY 30UNDAP.Y OF THE. AFGRESAIO PARCEL OF LAND CRAN'
TO HAZEA ALAORAV AN0 JOSEPHINE ALADRAY N7.S5'33"E 139.22 FEET TO THE TRl
PO I NT Gf: SEG I NNI NG ; THENCE CONTl NU1 NG ALONG THE WESTERLY BOUNDARY N7'55 I 40.43 FEET TO A POiNT OF INTERSECTION WITH THE FUTURE RlCHT OF WAY OF
PALOHAR AIRPORT ROAD ACCORDING TO R.S. 1534, SA10 POINT BEING ON THE AR[
A CURVE WITH A RADIUS Of 1933 FEET; THENCE ALONG THE FUTURE RIGHT OF WAL PALOHAR AIRPORT'ROAD AND THE ARC OF THE AFORESAID 1933 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 4'lb'ff" FOR A OISTANCE OF 144.26 FEET TO A P OF INTERSECTION WITH THE tAfTERLY.BOUNDARY OF THE AFORESAID ALADRAY ?ARC THENCE ALONG THE €ASTERLY BOUNDARY 312°58'19'*U 40.52 FEET TO A POINT OF
INTERSECTION WITH A CURVE HAVING A RADIUS Of 189) FPff; THENCE ALONG THE
OF THE AFORESAID 1893 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4'15'
A.DISfANCE OF 140.73 FEET TO THE TRUE POINT OF bEtlNNINC, CONTAINING 5695.84 SQUARE F€ET Of LAND.
SAN Dl EGO, STATE OF CALI fORNI A AS FI LE NO. 81-3021 57 RECORDED ON SEPT-
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EXHIBIT A Page 1 of 2
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:ASEMENT 0 DATA
a* 4. iS'34a Rm 1893' La 140.728'
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- PLAT OF EASEMENV -
FOR DRAINAGE Ih/lP-ROVEMENTS-I' 'd "* y:: .. *' . Ilrl-.Y .. EXHIBIT $-. '
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