HomeMy WebLinkAbout1989-08-08; City Council; 10180; DEPOSIT OF FUNDS INTO ESCROW FOR AVENIDA ENCINAS RIGHT OF WAY ACQUISITIONI' ~
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RESOLUTION NO. 89-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA, APPROVING THE DEPOSIT OF
$1 73,424.00 INTO AN ESCROW ACCOUNT FOR ACQUISITION OF
RIGHT OF WAY FOR AVENIDA ENCINAS FROM THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY.
WHEREAS, the City of Carlsbad has received a check from the Encina Water I
Control Facility Vista Trust Fund in the amount of $173,424 for the purchase of right-oj
Avenida Encinas from the Atchison, Topeka and Santa Fe Railway Company; and'
WHEREAS, the check for the right of way acquisition has been inappropriately dt
into the City of Carlsbad Sewer Construction Fund; and
WHEREAS, these funds should be deposited into escrow for the acquisition of
way for Avenida Encinas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
California, as follows:
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That the above recitations are true and correct.
That a check from the City of Carlsbad in the amount of $173,424 be d
into escrow for the purchase of right of way for Avenida Encinas from Atchison, Top
Santa Fe Railway Company.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
Council held on the 8th day of August, 1989 by the following vote, to wit:
AYES:
NOES: None
ABSENT: Council
Council Members Lewis, Kulchin and Mamaux
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
(SEAL)
CONTROL
FACILITY
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ENCINA WATER POLLUTION CONTROL FACILITY
6200 Avenida Encinas
Carlsbad, CA 92009-01
Telephone (619) 438-3'
Ref: 2K.4379
March 18, 1988
TO:
SUBJECT: Right of Way for Avenida Encinas
Joint Advisory Committee (JAC) Members
In previous meetings, JAC has discussed the need to acquire land for the exten- sion of Avenida Encinas (required as a condition of Phase III construction) and
the desire of the Sammis Company to realign Avenida Encinas. At the February
24, 1988 meeting, JAC authorized staff to complete joint negotiations with the Atchison, Topeka and Santa Fe Railway Company (AT6cSF) and the Sammis Company to
accomplish both goals.
Recognizing Encina's need to acquire the Avenida Encinas right of way regardless
of whether negotiations can be successfully concluded with Sammis, Carlsbad staff subsequently requested that the JAC authorization be revised to allow direct purchase of the right of way. This approach was discussed with TAC and it is:
RECOMMENDED c-: That JAC:
1. Further direct staff to pursue acquisition of the 1.58 acres of ATdcSF right of way needed to extend Avenida Encinas prior to completing negotiations with the Sammis Company; and
2. Request the City of Vista to expend up to an additional $176,000 from the Vista Trust Fund for the purchase of the right of way and associated costs from the ATbcSF Railway.
DISCUSSION
The right of way needed for the extension of Avenida Encinas is one of the items to be addressed before the Vista Trust Fund can be closed. In contrast, the
alignment of Avenida Encinas need not be set until after a local facilities management plan is filed by Sammis and approved by Carlsbad. In fact, road alignments typically are not set until a tentative map is approved by the City. Carlsbad staff would have difficulty approving the realignment prior to approval
of the tentative map.
In the meantime, Encina needs to fulfill its obligation regarding Avenida
Encinas. Today's recommended action would allow Encina to acquire the right of way regardless of how long it takes Sammis to meet the City's requirements.
I, ~
-44- SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND ENClNlTAS SANITARY DISTRICT
0
I Joint Advisory Committee Right of Way for Avenida Encinas
March 18, 1988 Page Two
FISCAL IMPACTS
The Santa Fe Pacific Realty Corporation (ATdcSF's agent) has determined that the
value of the 1.58 acre parcel is $172,000 ($2.50/square foot). This is con-
(JAC previously approved this expenditure in January, 1988). Assuming AT&SF agrees with the appraised value and does not impose additional conditions, the
initial cost to Encina would be as follows:
sistent with the findings of the independent appraisals prepared for Encina,
Appraisals (previously spent) $ 9,000
Land Cost $172,000
Title Report !$ 2,000
Escrow Fees $ 1,500 Legal Fees $ 500 Total $185,000
These funds would come from the Vista Trust Fund. If, in subsequent nego-
tiations, Sammis continues to be willing to pay the land acquisition costs in
return for a realignment of Avenida Encinas, Encina could recover up to the entire $185,000.
Very truly yours,
: -ay Richard W. G aff
General Manager
OLM:R fl G:kw
1
Q -45-
ENCINA WATER POLLUTION CONTROL FACILITY
6200 Avenida Encinas, Carlsbad, CA 92009-01 71 (619) 438-3941
Serving North
San Diego County
77
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2 3 0 0
cw OF CARLSBAD - AGEN+ BILL
DEPT.
CITY A
AB# TITLE:
MTG. 5-23-89 ACCEPTANCE OF QUITCLAIM DEED FOR AT&SF RAILWAY PROPERTY DEPT.ENG. FOR FUTURE AVENIDA ENCINAS CITY hr
RECOMMENDED ACTION:
Adopt Resol uti on No. Topeka and Santa Fe Railway Company. accepting a quitclaim deed from the Atcl
ITEM EXPLANATION:
The Atchison, Topeka and Santa Fe Railway Company proposes to convey 1.58 of property to the City of Carlsbad for $172,000. This price was found fair market value for the property in an appraisal conducted by Mr. R.. Fuller, M.I.A. Acquisition of the property is necessary to provide rec public right of way for Avenida Encinas.
Payment for the right of way acquisition will be obtained from the Encina Pollution Control Facility's Vista Trust Fund. The Encina Joint Adi Committee approved the purchase in March 1988. A title report has been or and escrow opened to facilitate the purchase. Escrow instructions are att as Exhibit No. 3.
FISCAL IMPACT:
The City has already paid their share (25.4%) into the Vista Trust Fund will be the source of funds for the acquisition. No additional assessment
be necessary.
EXHIBITS :
1. Resolution No. accepting a quitclaim deed from the Atch-
2.
3. Escrow Instructions.
4. Location Map.
Topeka and Santa Fe Railway Company.
Proposed Qui tcl aim Deed.
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LOCATION MAP I
LEGEND
PROJECT# EX)