HomeMy WebLinkAbout1993-06-22; City Council; 12282; PUBLIC HEARING FOR INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR RIGHT-OF-WAY ACQUISITION ON CARLSBAD VILLAGE DRIVE FOR STREETSCAPE PHASE V PROJECT NO. 3347b
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Ce OF CARLSBAD - AGEPA BILL 77 Q
AB # 12, Lg 2- DEPT.
CITY I MTG. 6-&2-43
DEPT. ENG FOR STREETSCAPE PHASE V PROJECT N0.3347 CITY I
T1TLE:PUBLIC HEARING FOR INITIATION OF EMINENT
ACQUISITION ON CARLSBAD VILLAGE DRIVE
DOMAIN PROCEEDINGS FOR RIGHT-OF-WAY
RKOMM€ND€D ACTION:
That the City Council adopt Resolution No. q 3- It3 which will authorizi condemnation of a portion of property owned by Gregory W. Losa for street right-or
on Carlsbad Village Drive and authorize the Mayor to sign all necessary documer
complete the condemnation.
ITEM EXPLANATION:
The Streetscape Phase V project was authorized to proceed with final design bl
Housing and Redevelopment Commission on March 16, 1993. Final design requires
additional street right-of-way be acquired from various property owners on Carl!
Village Drive. To date, all necessary right-of-way acquisitions have been obtz
voluntarily with the exception of a piece fronting the Carl’s Jr. restaurant,
representatives have been negotiating with the Carl’s Jr. property owner, Mr. Gre
Losa, to obtain the necessary right-of-way for a period of several years. Mr. Losz
indicated that he will not grant to the City the additional right-of-way unless the Carl
restaurant can have access from the Motel 6 property abutting his property on the
The City cannot force Motel 6 to grant Carl’s Junior access from Motel 6 property,
The City hired an independent appraiser to determine the value of the portion o
Losa’s land that the City needs to complete the Streetscape project. The City
offered to purchase the necessary right-of-way at the fair market value of $39,300.
Losa has not accepted the offer. It is therefore recommended that the City ini
condemnation proceedings at this time in order to maintain the Streetscape prc
schedule.
In accordance with State law, the City has given proper notice of the public hearing tc
owner of the subject property. The City is not required by law to consider the reque
any person to be heard who did not submit a written request to be heard on or bc
the date of the hearing. Only the owner of the property to be condemned has a rig
be heard.
Adoption of the Resolution of Necessity to Condemn requires an aye vote by at leas1
thirds of the members of the City Council and conclusively establishes the find
therein.
ENVIRONMENTAL REVIEW
A negative declaration was issued for the project by the Planning Director on Decen
24, 1990 and filed with the San Diego County Recorder on December 27, 1990.
GENERAL PLAN CONSISTENCY
The Planning Commission adopted Resolution NO. 2696 on October 21, 1987 w
determined that the Streetscape Project was in conformance with the City’s General F
I
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Page Two of Agenda Bill No. 1% a 2
FISCAL IMPACT
Estimated costs for acquisition of the subject property (excluding additional leg
are $65,000. Funds are available in Account No. 81 1-820-1 880-3347.
EiXHIBITS:
1. Plat of proposed acquisition.
2. City Council Resolution No. 9 3 - I8 3
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CITY OF CARLSI
RIGHT OF--WP
ACQUISITION PL
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RESOLUTION NO. 93-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN
THE CITY OF CARLSBAD AND DECLARING THE PUBLIC
NECESSITY THEREOF
WHEREAS, the City of Carlsbad, California, proposes to improve Carlsbad Villas
in the City of Carlsbad, hereinafter referred to as "the project"; and
WHEREAS, the project requires the acquisition of certain real property interests
WHEREAS, the City of Carlsbad, California, may exercise the right of eminent dol
the acquisition of real property interests therein for streets, slopes, drainage facilities, tei
construction easements and other purposes pursuant to the California Streets and t
Code, Section 4090, and the Government Code, Sections 37350, 37350.5 and 37353; i
WHEREAS, the plans for the project within the City of Carlsbad are on file in the 4
the City Engineer of the City of Carlsbad; and
WHEREAS, on December 24, 1990, the Planning Director issued a negative dec
for the project; and
WHEREAS, on October 21 , 1987, the Planning Commission adopted Resolution b
making findings of General Plan Consistency for the Project; and
WHEREAS, the real property or interests therein sought to be acquired are locatel
the territorial limits of the City of Carlsbad, California, and are necessary for the proposed
and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad, C
has offered to the owners of said real property or interests therein the full amount est;
as just compensation for said real property or interests therein sought to be acquired; i
WHEREAS, the City of Carlsbad, California has provided the owner of said real I:
or interest therein a written statement and summary of the basis for the amount establi:
just Compensation for the real property or interests therein sought to be acquired; and
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WHEREAS, a reasonable length of time has expired since the date of the offe
owner of the real property or interests therein sought to be acquired, and the owner h:
to favorably respond to the offer of the amount established by the City of Carlsbad
compensation; and
WHEREAS, pursuant to the provision of the California Code of Civil Procedure,
1245.235, the owner of the real property or interests therein sought to be acquired whos
and address appears on the current equalized COUNTY ASSESSMENT HOLL, has beel
NOTICE OF INTENTION TO ADOPT A CONDEMNATION RESOLUTION, and has been F
with an opportunity to appear and be hard on the matters referred to in California code
Procedure, Section 1240.030; and
WHEREAS, sufficient funds have been appropriated by the City Council of the
Carlsbad, California to be deposited with the court in the amount of the aforementions
of the real property or interests therein sought to be acquired;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
Carlsbad, California which finds, determines and hereby declares:
1.
2.
3.
That the above recitations are true and correct.
That the public interest and necessity require the proposed project.
That the proposed project is planned and located in a mariner which will t
compatible with the greatest public good and the least private injury.
4. That the real property or interests therein, hereinafter described in this Res
is necessary for the proposed project.
5.
6.
That the proposed project is a matter of public necessity.
That the use of all and each and every part of said hereinafter describ
property or interests therein for the use and purposes of the proposed project is a public i
use authorized by law.
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7. That thqpublic interest and necessity require that the property or interests
hereafter described in this resolution, be taken.
8. That the law firm of Asaro and Keagy, hereinafter referred to as "Special (
be, and is, authorized, empowered and directed, in the name of the City of Carlsbad, tc
by donation, purchase or condemnation, in accordance with the provisions of the Cod
Procedure of the State of California related to eminent domain, the hereinafter described
in real property.
9. That Special Counsel is authorized and directed to prepare and prosecu
name of the City of Carlsbad such suit or suits in the proper court having jurisdiction th
are necessary to condemn, take and acquire said hereinafter described real property, or
thereof, for the purposed project.
10. That Special Counsel is authorized and directed to make an applicatior
court for an order determining the amounts of money to be deposited as security for tt
of the real property or any part thereof, or interest therein, necessary for the proposec
and any damage indicated thereto, and to make application to said court for an order PI
the City of Carlsbad to take immediate possession of and to use said real property i
thereof, or interests therein, sought to be condemned for the proposed project.
1 1. That Special Counsel is authorized and directed to make deposit for such
for such rights-of-way out of proper funds under the control of the City of Carlsbad in the
determined by the court in the manner directed by the court.
12. That Special Counsel is authorized and directed to incur on behalf of th
Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits to c
said real property.
13. mat the real property referred to in this resolution is situated in the
Carlsbad, County of San Diego, State of California, and is more particularly describe
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parcel descriptions identified in attached Exhibit "A" incorporated by reference and mac
hereof.
14. That the City Council of the City of Carlsbad, California, hereby author
approves deposit with the court, funds for the acquisition of real property or interest:
consistent with the intent of this Resolution.
15. That the Mayor, of the City of Carlsbad, California is hereby authorizec
necessary documents on behalf of the City for acquisition of said rights-of-way.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cty Council of
of Carlsbad, California held on the 22nd day of JUNE , 1993 by the 1
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaar
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN
(SEAL)
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EXHIBIT "A"
THAT PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 2868, FILE1
IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER 22 JULY 74 DESCRIBE1
AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY MINT OF SAID PARCEL 1, SAID POIN!
BEING THE POINT OF BEGINNING, THENCE NORTH 34'39'00" WEST L
DISTANCE OF 5.52 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OE
SAID PARCEL 1, THENCE NORTH 56'14'40" EAST A DISTANCE OF 162.72
FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 2,
THENCE SOUTH 34'39'00" EAST A DISTANCE OF 2.98 FEET TO THE MOS'I
EASTERLY CORNER OF SAID PARCEL 2, THENCE SOUTH 55'21'00" WEST 2
DISTANCE OF 162.71 FEET TO THE POINT OF BEGINNING.
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Q. 4- LAW OFFICES
FEIST, VETTER. KNAUF AND LOY
A PROFESSIONAL CORPORATION
ai0 MISSION AVENUE, SUITE 300 RAYMOND F I NORMAN L VETTER
JOHN I LOY POST OFFICE BOX 240
RAYMOND F FEIST. JR
ALAN H BURSON
HENRY R HAGUE TELEPHONE 1619) 722-1914
JANET L PRATT
JOHN M HANSEN
LISA FRAZEE MORGOSH
1916-l9sa
ROBERTC KI
1920-1979
TELECOPll
(6191 721-85
OCEANSIDE. CALIF0 RN IA 92049-0240
JAY J BROWN June 1, 1993
Aletha L. Rautenkranz City Clerk City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989
Re: Public Hearinq. June 15. 1993
Streetscape Phase V
Project No. 3347
Consideration of Resolution of Necessity
Dear Ms. Rautenkranz:
Please be advised that this office represents Mr. Gregory W
Losa. Mr. Losa has received notice of the above reference hearing.
The purpose of this letter is to advise you that Mr. Losa an
the undersigned intend to appear at the hearing and respectful1
request to be heard.
It would be most appreciated if you would mail to me a copy o
A stamped self addresse Council Agenda when it has been prepared. envelope is enclosed.
Thank you for your courtesy and cooperation.
Very truly yours,
IST, VETTER, KNAUF C LOY
Professional orporation /it+@&- Norman L. Vetter
NLV;ps
Encl .
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CARL'S JR. RESTAUR
Carl Karcher Enterprises, hc. 1200 North Harbor Boulevard P.O. Box 4349 Anaheim, California 9280%349 fl SQA QVEIR 50 YEARS
VIA FEDERAL EXPRESS
June 14, 1993
Ms. Aletha L. Rautenkranz
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Re: Carl's Jr. Restaurant No. 117
950 Carlsbad Village Drive
(formerly Elm Avenue)
Carlsbad, CA
June 15. 1995 City Council Public Hearing
Rieht-of-Wav Acquisition, Parcel No. 203-320-40 & 4 1 :
Streetscape Phase V, Project No. 3347
Dear Ms. Rautenkranz:
The purpose of this letter is to address your notice of May 14, 1993 regarding the City Council
Public Hearing scheduled for June 15, 1993 at which the City Council intends to adopt a
Resolution of Necessity to condemn a portion of the subject property for purposes of a street
right-of-way and construction easement.
Carl Karcher Enterprises, Inc. ("CKE"), dba Carl's Jr. Restaurants, holds the leasehold interest
in the subject property with approxiinately 16 years remaining.
It is our understanding the City of Carlsbad adopted a project known as Streetscape Phase V,
in the interest of providing an attractive gateway to the City. The intent was to attract visitors
and tourists and to promote the businesses along Carlsbad Village Drive. The project, however,
called for a landscape median down the center of the gateway which essentially cut off traffic
from the very businesses it was trying to promote. As a reconsideration, and to accommodate
the businesses, the City has allowed for left-hand turn lanes through the median. These lanes
will service the shopping center on the south side of the gateway and the complex containing
Motel 6, Dennys and Chevron on the north side. The one business not provided for is the Carl's
Jr. Restaurant. We are required, nevertheless, to relinquish approximately 700 square feet of
street frontage to accommodate the widening and provide for the left-hand turn lanes without
receiving any benefit, and while being damaged by this requirement.
e 0 --
“.
Ms. Aletha L. Rautenkranz
City of Carlsbad
Unit 117
June 14, 1993
Page Two
Carl’s Jr. is not opposed to the concept of the Streetscape Project. In fact, we are in favor of
such a beautification program. However, we cannot support such a project which seems likely
to be fatal to our business.
We have diligently pursued negotiations with our neighboring business, Motel 6, to create a
cross-over easement which would allow Carl’s customers access from the left turn lane.
Unfortunately Motel 6 has, so far, been unwilling to cooperate. We believe our businesses
support one another in that Carl’s provides a convenient, top-quality food service for their
guests. Furthermore our traffic hours peak at opposite intervals, Motel 6 guests patronizing in
the early morning and late evening hours, and Carl’s Jr. customers counts peaking at the lunch
hour and early dinner period.
Traffic will be further congested if Carl’s is not afforded the cross-over easement. Motorists
will make illegal u-turns, which will result in collisions with exiting Motel 6 guests or utilizing
the Motel driveway as a U-turn area to enter back onto Carlsbad Village Drive and then into our
curb cut.
We are therefore seeking the participation of the City of Carlsbad to encourage Motel 6 to
provide Carl’s with this vital cross-over easement. The City evidently has the power to
condemn the Carl’s Jr. frontage to provide a left-turn lane €or private enterprises. Does it not
also have the power to condemn property in the interest of safety and good traffic planning for
an ingress-egress easement such as we are describing?
Should Carl’s or the City of Carlsbad fail in this endeavor, the resulting outcome may be the
destruction of the Carl’s Jr. business and the closure of the building. As we all know, a
darkened building promotes vandalism and creates a fire hazard. Furthermore, the loss of
business decreases the City’s tax revenues and increases their unemployment rolls.
c- 0 e
Ms. Aletha L. Rautenkranz
City of Carlsbad
Unit 117
June 14, 1993
Page Three
In closing, we hope the City of Carlsbad will understand and act upon the concerns we have se
forth herein. We anticipate your cooperation and we are proud to be a ineinber of your bushes:
community. Hopefully our mutual efforts will allow us to continue being a contributing membe:
to your fine city.
Respectfully submitted,
CARL KARCHER ENTERPRISES, INC. &&
Colleen A. Ford
Manager, Corporate Real Estate
CAF/sr
cc: John H. Grant
Gregory W. Losa
W. L. MacFarlane, MacFarlane & Associates
Monte Oches, Motel 6, L.P.
Norm Vetter, Esq.
Marc L. Weber, Esq.
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ChRL'S JR. RESTAUR
CaflkTkh,W b, lfOONrnbHYkw&xJePPfd P,O,BaPr4349 haphetm, w- 9m3-4349 0;
VIA FEDERAL EXPRESS
June 14$ 1993
Ms, Aletha L, Rautenkrana City Clerk City of Carlsbad 1200 CarSsbad Village Drive Cwtsbad, CA 92008-1989
Re: Carl's Sr. Restaurant Ne, 117
950 Carlsbad Village Drive (formerly Elm Avenue)
Carlsbad, CA June 15, 1995 -ic-Hcaring - -- - .e. Parcel NO. 203-320-40 &a
t No, 3347
Dear Ms. Rauterskrmz:
The purpose of this letter is to address your notice of May 14, 1993 regarding the City Counci
Public Hearing scheduled for June IS, 1993 at which the City Council intends to adopt e Resolution of Necessity to condemn a portion of the subject property for purposes of a stree
right-of-way and canstruetion easement.
Carl Karcher Enterprises, In@. ("GKE"), dba Carl's k Restaurants, holds the leasehold interest
in the subject property with appraxiinately i5 years remaining,
It is our understanding the City of Carlsbad adopted a project known as Strectscape Phase V,
in the interest of pmviding an attractive gateway to the City, The intent was to attract visitor:
and tourists and to prosrote the businesses afoiig Carlsbad Village Drive. The project, however, called for a landscape medim down the center of the gateway which essentially cut off traffic from the very businesses it was trying to proime, As a recensideration, and to accommodate the businesses, the City has allowed for left-taarrcf turn lanes through the median. These lane5 will service the shopping center on rhe south side oh' the gateway and ihe complex containing Matel 6, Denny$ and Chevron on the north side. The Q~E businiess not provided for is the Carl's Jr. Restaurant, We are required, nevertheless, to reiinqrsish approximately 700 square feet sf Street frontage to accommodate the widening and provide for the left-hand turn lanes without
receiving any benefit, and while being damped by this requirciiient.
e 0 r. ..
Ms. Aletha L. Wautcnkxmz
City of Chulsbad Unit 117 June 14, 1893 Page Two -
ml’s Jrb is not opposed t~ the concept of the Streetscape Project. in fact, we are in favor 01 such a beautification program. However, we cannot support such a project which seems likely
to be fatal to our business.
We have diligently pursued negotiations with our neighboring business, Motel 6, to create 2 cross-over easement which would allow Carl’s customers access from the left turn fane(
Warfortunately Motel 6 has, so far, been unwilling to cooperate. We believe our businesses
support one another in that Carl’s provides a coiivenient, topqudity food service for theii
guests. Furthermore our traffic hours peak at opposite intervals, Motel 6 guests patronizing ir, the early morning and late evefling hours, and Carl’s Jr. custoincrs counts peaking at the lunch hour and early dinner period,
Traffic will, be further congestad if Cui’s is not afforded the cross-over easement, Motorists will make iIlcgai u~turn$, which will result in collisions with exiting Motel 6 guests or utilizing
thc Motel driveway as a u-turn arm to enter back onto Carlsbad Village Drive and then into our curb cut.
We are therefore seeking the participation of the City of Carlsbad to encourage Motel 6 tc
provide Carl’s with this vihl cross-over easement, The City evidently has the power ta condemn the Carl’s %r. froratage to provide a !eft-turn lane for private enterprises. Does it not
also have the power to condemn property in the interest of safety and good traffic planning for
an ingress-egress easement such as we are describing?
Should Carl’s or the City of Carlsbad fail in this endeavor, the tesultiog oukome may be the
destruction of the Carl’s Jr. business and the closure of the building. As we all know, a darkened building promotes vandalism and creates a Are hazard. Furthermore, the loss of business decreases the City’s tax revenues ad increases their unemployment rolls.
0 0 v- *.
Ms. kletha L. Rautenkranz
City of CarEsbad Unit 117 June 14, 1993 Page Three
In closing, we hope the City af Carlsbaid will understsrrld and act upon the concerns we have set forth herein, We anticipate yaw cooperation an3 we are proud to be a member of your business
commurrity. Hopefully our mutual efforts will allow gs to continue being a contributing member
‘to your fine city.
Respectfi’rly submitted,
CARE KARCWER ENTERPRISES, INC,
ea,
Colleen A. Ford Manager, Corporate Real Estate
CAF/sr
cc: John Hh Gram Gregory W. Loa
W, L. MacFarlme, MacFarlane & Associates
haorate Oches, Motel 5, L.P. Norm Vetter, E%. Marc L. Weber, Esq,
-
June 30, 1993
Mr. Norman L. Vetter
Feist, Vetter, Knauf and.Loy
810 Mission Avenue, Suite 300
P. 0. Box 240
Oceanside, CA 92049-0240
RE: Right-of-way Acquisition on Carlsbad Village Drive
Carl's Jr. Restaurant
The Carlsbad City Council, at its meeting of June 22, 1993, adopted
Resolution No. 93-183, authorizingthe condemnation of a portion of
property owned by Gregory W. Losa (Carl's Jr. Restaurant).
Enclosed is a copy of Resolution No. 93-183 for your files.
&J&, CMC
Assistant City Clerk
KRK:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280€
June 30, 1993
Mr. Gregory Losa
P. 0. Box 96
Carlsbad, CA 92008
RE: Right-of-way Acquisition on Carlsbad Village Drive
Carl I s Jr. Restaurant
The Carlsbad City Council, at its meeting of June 22, 1993, adopted
Resolution No. 93-183, authorizingthe condemnation of a portion of
property owned by Gregory W. Losa (Carl's Jr. Restaurant).
Enclosed is a copy of Resolution No. 93-183 for your files.
L%X&cMc Assistant City Clerk I
KRK: ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280E
July 1, 1993
Asaro and Keagy
3170 Fourth Avenue
Fourth Floor
San Diego, CA 92103
Attention: Richard Freeland
RE: Right-of-way Acquisition on Carlsbad Village Drive
Carl I s Jr. Restaurant
The Carlsbad City Council, at its meeting of June 22, 1993, adopted
Resolution No. 93-183, authorizing the condemnation of a portion of
property owned by Gregory W. Losa (Carl's Jr. Restaurant).
Enclosed is a certified copy of Resolution No. 93-183 that you
requested.
. KUN , CMC &* Assistant C Clerk
KRK: ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2802
June 7, 1993 -
GREGORY W. WSA P.O. Box 96 CarlSbad, CA 92008
PUBLIC HEARING BOR EMINENT DOMAIN PROCEEDINGS
APN 203-320-40 L 41/PRWECT 3347
You have previously been notified that the Carlsbad City Councj will hold a public hearing on June 15, 1993 to begin eminent domaj proceedings to secure rights-of-way necessary for the Streetscar Phase V Street Enhancement Project. The City will be continuii this public hearing to June 22, 1993. No action will be taken i the meeting on June 15, 1993. Your attendance at the meeting ( June 15, 1993 will not be necessary unless you wish to speak ai cannot attend the later meeting. The Council Meeting will be he: at 6:OO P.M., 1200 Carlsbad Village Drive, Carlsbad, Ca.
We have spoken with your Attorney, Mr. Norm'Vetter, who stated thi the is no problem with this continuance.
If you have questions, please call me at (619) 438-1161, extensic 4395.
City Engineer
LBH:PC
c: Ron Ball, City Attorney Robert Johnson, Jr., Traffic Engineer Scott SChedell, Associate Engineer Richard Freeland, Attorney at Law
Norm Vetter, Attorney at Law William MacFarlane, Expropriation Consultant Jim Naughton, Jr., Kibbey/Samppala Group
2075 Las Palmas Dr. - Carlsbad. CA 92009-1 576 - (61 9) 438-11 61 FAX (61 9) 438-0E
+- -. , =.
dL
May 14, 1993
Mr. Gregory W. Losa, Trustee
P.O. Box 96 Carlsbad, CA 92018
ON TWO PARCELS OF LAND LOCATED IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA,
THAT CERTAIN PROJECT KNOWN AS STREETSCAPE PHASE V, PROJECT NO. 3347
Dear Mr. Losa:
Records indicate that you are the owner of certain real property, APN’s 203-320-40 and 41, a portic which is being considered for condemnation by the City of Carlsbad.
This letter is to inform you that the City Council public hearing on the above-referenced matter has ~ rescheduled and will not be held on June 1 I 1993. The hearing will instead be held on June 15,l at 6:OO p.m., or as soon thereafter as the matter may be heard, at the Carlsbad City COI
Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent of the
Council to consider at that time the adoption of a Resolution of Necessity to authorize the condemn of a fee simple interest for street right-of-way and a temporary construction easement as shown 01 attached exhibit.
Pursuant to California Code of Civil Procedure, Section 1245.235, each person whose property inte are to be acquired by eminent domain has the right to appear and be heard at the June 15, hearing. The City Council will determine whether; a) the public interest and necessity require the prc b) the project is planned or located in the manner that will be the most compatible with the gre public good and least private injury; and c) the property to be acquired is necessary for the pr pursuant to California Code of Civil Procedure, Section 1240.030.
If you wish to appear and be heard at the June 15, 1993 public hearing, you must file a wr request with the Citv Clerk on or before the June 15, 1993 public hearing. Failure to file a WI request to appear and be heard will result in a waiver of the right to appear and be heard a aforementioned hearing.
The City welcomes your participation. If you should have any questions, please call Scott Schedc the Engineering Department] at 438-1 161 , extension 4387.
NOTICE OF PUBLIC HEARING TO CONDEMN FEE SIMPLE INTEREST FOR STREET RIGHT-OF-’
wg- ALETHA L. RAUTENKRANZ City Clerk
AR:SS:jb
Attachment
C: Bill MacFarlane, MacFarlane & Associates Richard Freeland, Asaro & Keagy
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280
- a e
&@Jd - May 14,1993
Mr. Gregory W. Losa, Trustee P.O. Box 96 Carlsbad, CA 92018
ON TWO PARCELS OF LAND LOCATED IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, F THAT CERTAIN PROJECT KNOWN AS STREETSCAPE PHASE V, PROJECT NO. 3347
Dear Mr. Losa:
Records indicate that you are the owner of certain real property, APN's 203-320-40 and 41 , a portio1 which is being considered for condemnation by the City of Carlsbad.
This letter is to inform you that the City Council public hearing on the above-referenced matter has bc rescheduled and will not be held on June 1,1993. The hearing will instead be held on June 15,19 at 6:OO p.m., or as soon thereafter as the matter may be heard, at the Carlsbad City Coui Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent of the ( Council to consider at that time the adoption of a Resolution of Necessity to authorize the condemnal of a fee simple interest for street right-of-way and a temporary construction easement as shown on
attached exhibit.
Pursuant to California Code of Civil Procedure, Section 1245.235, each person whose property intere
are to be acquired by eminent domain has the right to appear and be heard at the June 15, 1: hearing. The City Council will determine whether; a) the public interest and necessity require the projc b) the project is planned or located in the manner that will be the most compatible with the great
public good and least private injury; and c) the property to be acquired is necessary for the proj
pursuant to California Code of Civil Procedure, Section 1240.030.
If you wish to appear and be heard at the June 15, 1993 public hearing, you must file a written reuu
with the Cihr Clerk on or before the June 15, 1993 public hearinq. Failure to file a written requesi appear and be heard will result in a waiver of the right to appear and be heard at the aforementior hearing.
The City welcomes your participation. If you should have any questions, please call Scott Schedell the Engineering Department, at 438-1 161, extension 4387.
NOTICE OF PUBLIC HEARING TO CONDEMN FEE SIMPLE INTEREST FOR STREET RIGHT-OF-VI
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ALETHA L. RAUTENKRANZ h--
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Richard Freeland, Asaro & Keagy
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Carlsbad, CA 92018
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April 28, 1993
Mr. Gregory W. Losa, Trustee P.O. Box 96 Carlsbad, CA 92018
ON TWO PARCELS OF LAND LOCATED IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, I THAT CERTAIN PROJECT KNOWN AS STREETSCAPE PHASE V, PROJECT NO. 3347
Dear Mr. Losa:
Records indicate that you are the owner of certain real property, APN's 203-320-40 and 41, a portic 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 June 1, 1993 at 6:OO p.m., I
soon thereafter as the matter may be heard, at the Carlsbad City Council Chambers located at Carlsbad Village Drive, Carlsbad, California. It is the intent of the City Council to consider at that the adoption of a Resolution of Necessity to authorize the condemnation of a fee simple intere! street right-of-way and a temporary construction easement as shown on the attached exhibit.
Pursuant to California Code of Civil Procedure, Section 1245.235, each person whose property inte are to be acquired by eminent domain has the right to appear and be heard at the June 1,1993 he2 The City Council will determine whether; a) the public interest and necessity require the project; t project is planned or located in the manner that will be the most compatible with the greatest F good and least private injury; and c) the property to be acquired is necessary for the project pur: to California Code of Civil Procedure, Section 1240.030.
If you wish to appear and be heard at the June 1, 1993 public hearing, you must file a written rec with the Citv Clerk on or before the June 1, 1993 public hearing. Failure to file a written requc appear and be heard will result in a waiver of the right to appear and be heard at the aforementi
hearing.
The City welcomes your participation. If you should have any questions, please call Scott Schec' the Engineering Department, at 438-1 161, extension 4387.
NOTICE OF PUBLIC HEARINGTO CONDEMN FEE SIMPLE INTEREST FOR STREET RIGHT-OF-\
ALETHA -2- L. RAUTENKRANZ
City Clerk
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Attachment
C: Bill MacFarlane, MacFarlane & Associates
Richard Freeland, Asaro & Keagy
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REPLY ON THIS SHEET FROM
WILME‘I SERVICC LNE
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April 30, 1993
Mr. Gregory W. Losa, Trustee P.O. Box 96 Carlsbad, CA 92018
NOTICE OF PUBLIC HEARING TO CONDEMN FEE SIMPLE INTEREST FOR STRE
STAT€ OF CALIFORNIA, FOR THAT CERTAIN PROJECT KNOWN AS STREETSCA
PHASE W, PROJECT NO. 3347
Dear Mr. Losa:
Records indicate that you are the owner of certain real property, APN s 203-320-40 and 41, a portioi 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 June 1, 1993 at 6:OO p.m., or soon thereafter as the matter may be heard, r,t the Carlsbad City Council Chambers located at 1: Carlsbad Village Drive, Carlsbad, California. It is the intent of the City Council to consider at that ti the adoption of a Resolution of Necessity to authorize the condemnation of a fee simple interest street right-of-way and a temporary construction easement as shown on the attached exhibit.
Pursuant to California Code of Civil Procedure, Section 1245.235, each person whose property inter€ are to be acquired by eminent domain has the right to appear and be heard at the June 1 , 1993 heari The City Council will determine whether; a) the public interest and necessity require the project; b) project is planned or located in the manner that will be the most compatible with the greatest pul good and least private injury; and c) the property to be acquired is necessary for the project pursu
to California Code of Civil Procedure, Section 1240.030.
If you wish to appear and be heard at the June 1, 1993 public hearing, you must file a written reau with the Citv Clerk on or before the June 1, 1993 public hearing. Failure to file a written request appear and be heard will result in a waiver of the right to appear and be heard at the aforemention
hearing.
The City welcomes your participation. If you should have any questions, please call t#eWj-Gb
0ffi-
RIGHT-OF-WAY ON TWO PARCELS OF LAND LOCATED IN THE CITY OF CARLSBl
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ALETHA L. RAUTENKRANZ City Clerk
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