HomeMy WebLinkAbout1995-06-27; City Council; 13227; Condemnation of Property for Cassia Road/El CaminoCONDEMNATION OF PROPERTY IN
RECOMMENDED ACTION:
Adopt Resolution No. 9 5- 19 0 easements for Cassia Road and El Camino Real. authorizing and directing the condemnation of road
ITEM EXPLANATION:
As a condition of Site Development Plan No. 93-06, the developer of the La Terraza project, Bridge Housing Corp., is required to improve portions of Cassia Road and El Camino Real which are off-site to the project to provide adequate access to the project.
The owners of the off-site property, Mr. Anthony Bons and Mr. Dickie Bons were presented just compensation offers by Bridge Housing Corp. and rejected them. A final offer based upon an independent appraisal of the property was mailed to the owners on June 6,1995. This offer was presented by the firm of Asaro, Keagy, Freeland and McKinley on behalf of the City. This offer was also rejected.
In accordance with State law, the City has given notice of this public hearing to the owners of the subject property. The City is not required to consider the request of any person to be heard who did not make a wriien request to be heard on or before June 21, 1995 nor the request of any person not an owner of an interest in the property being condemned. Adoption of the Resolution 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. 93-302 approving SDP 93-06, the City Council acknowledged that additional road easements and roads were required for the development of the affordable housing project known as La Terraza.
The owners of the subject property have given timely, wriien notice to the Clty Clerk that they wish to be heard at the public hearing on this matter.
FISCAL IMPACT:
The full purchase price for the right-of-way, as well as all legal and court costs, will be paid by the developer, Bridge Housing Corp.
EXHIBITS:
1. Location map.
2. Offer of Just Compensation sent to Mr. Anthony Bons and Mr. Dickie Bons dud June 6, 1995.
3. Notice of Public Hearing to Adopt a Resolution of Necessity.
4. Letter from Law Offices of Michael B. McDonnell on behalf of the owners dated June 9, 1995.
5. Resolution No. 95- 190 authorizing and directing the condemnation of certain real property interests in the Clty of Carlsbad, State of California, and declaring the public necessity therefor.
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LOCATION MAP
PROJECT NAME
I' THE VILLAS " MINOR SUBDIVISION 93-07
z
FRANK L. ASARO
ROSCOE D KCAGV
RICHARD R. CREELANO
STEVEN A. MCKINLCTY
TiMoruY M. SARRV
SHEILA M LEONE
ASARO, KEAGY, FREELANO & MCKINLEY
ATTORNEYS AT LAW
FOURTH FLOOR
3170 COURTU AVCNUC
SAN OICGO. CALICORNIA 92103
TCLLPYONE 16191 297-3170
FACSIMILE ISIQI 299.4268
June 6, 1995
RECEWED
Mr. Anthony Bons and
Mr. Dickie K. Bons, Trustees
c/o Mr. Michael B. McDonnell
Attorney at Law
707 Broadway, Suite 1700
San Diego, CA 92101-531 1
JUN 0 7 1995
Re: City of Carlsbad Acquisition of Real Property
Road Improvements: Cassia Road and El Camino Real
Gentlemen:
The purpose of this letter is to present a written offer from the City of Carlsbad
to acquire a portion of your property at 6480 and 6515 El Camino Real, Carlsbad,
California, subject to the approval of the City Council of the City of Carlsbad, for the
above-referenced project. The property proposed to be acquired and plats are described
and shown in the attached Appraisal Summary Statement.
The purchase price offered is $20,400.00, which is based upon an independent
appraisal of the property made by a qualified appraiser in San Diego County.
The appraisal was based upon the fair market value of the property for its highest
and best use. Enclosed is an Appraisal Summary Statement setting forth the rights to
be acquired and the value thereof as determined by the appraiser.
In addition to approval of the City Council of the City of Carlsbad, the proposed
acquisition would also be subject to obtaining title free and clear of all liens,
assessments, and encumbrances. If this contingent offer is acceptable to you, please
communicate with the undersigned.
The City of Carlsbad has made every effort to establish a fair price for the
required property and property interests. The appraiser‘s figures are the appraiser’s
opinion of fair market value which was determined after a personal inspection of your
property. The appraisal takes into consideration the location of your property, its highest
and best use, and other indicators of value.
EXHIBIT 2
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Mr. Anthony Bons
Mr. Dickie K. Bons
Page 2
June 6, 1995
We would appreciate it if you would review the enclosed information and Offer to
Purchase, and communicate with our office no later than 15 days from today’s date.
Should you require additional time in which to consider our offer, or if you wish to
schedule a meeting to discuss this matter, please contact our office.
The above-referred to portions of your property are required for completion of the
above-referenced road improvement project. Therefore, we are also enclosing a Notice
of Public Hearing as required by law, where the City Council will consider the adoption
of a Resolution of Necessity for the acquisition of the property through condemnation
proceedings. The hearing is scheduled for 6:OO p.m., June 27, 1995, as more
particularly set forth in the notice.
Thank you for your cooperation.
Very truly yours,
ASARO. KEAGY, FREELAND & McKlNLEY
Frank L. Asaro
FWsks
Enc.
cc: City Clerk
J Ron Ball
Richard Allen
Y
APPRAISAL SUMMARY STATEMENT
OWNER:
PROJECT: Road Improvements: Cassia Road and El Camino Real
Anthony and Dickie K. Bons, Trustees
PROPERTY LOCATION: 6480 El Camino Real; 6515 El Camino Real, Carlsbad,
California.
PRESENT USE: Flower Shop; Green House
ZONE: E-A Exclusive Agricultural Zone
TOTAL PROPERTY: 2.63 acres and 6.55 acres
HIGHEST AND BEST USE: Future residential development.
RIGHT OF WAY TO BE ACQUIRED: 354 SF; 11,157 SF.
TEMPORARY CONSTRUCTION EASEMENT: 12,530 SF
Please see attached exhibit for descriptions and plats.
Market Value of Required Property is $20,400.00.
The market value of the property being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar properties in this locality
considering the highest and best use of the subject property.
The amount of damages to the remaining property due to the City’s acquisition and
construction of the improvement is $-0-. Special benefits to the remaining property as
a result of the project is not applicable.
Total Payment is $20,400.00.
This summary of the basis of the amount offered as just compensation is presented in
compliance with Federal and State law, and has been derived from a formal appraisal
prepared by an independent appraiser, which includes supporting sales data and other
documentation.
c EXHIBIT A -
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5
Offsite Dedications and Easements (Bons Property)
Sl41 1 Tbe Scmppakz Gmup
ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT UW
FRANK L. ASARO FOURTH nooa
ROSCOE 0. KCAGV
RICHARO R. FRCELANO
STEVEN A. MCI(1NLEY
TIMOTHY M. eARRY
SHEILA M. LEONE
3170 FOURTH AVENUE
SAN OICGO. CALICORNIA 92103
TELLPHONE ISIS, ZS7-3170
FACSIMILE (619) tOP.42QB
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY
June 6, 1995
Mr. Anthony Bons and
Mr. Dickie K. Bons, Trustees
c/o Mr. Michael B. McDonnell
Attorney at Law
707 Broadway, Suite 1700
San Diego, CA 92101-5311
Re: Road Improvements: Cassia Road and El Camino Real
Gentlemen:
On June 6, 1995, we wrote you concerning an offer by the City of Carlsbad for the
acquisition by the City of Carlsbad of a portion of your property for the above-referenced
project.
The property to be acquired was described and shown on plats attached to the
Appraisal Summary which was included in our letter.
The purpose of this letter is to give notice of a public hearing by the City of
Carlsbad for the commencement of condemnation proceedings as required by law for
the acquisition of portions of your property as set forth in our letter described above.
The City of Carlsbad will hold a public hearing on June 27, 1995, at 6:OO p.m. or
as soon thereafter as the matter may be heard at the City Council Chambers located at
1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to
consider at that time the adoption of a Resolution of Necessity to authorize the
condemnation of a portion of your property for the above-described road improvement
project.
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 of Carlsbad will determine whether (a) the public
EXHIBIT 3
7
Mr. Anthony Bons
Mr. Dickie K. Bons
June 6, 1995
Page 2
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.
If you wish to speak either for or against the issues which are outlined above, you
must file a written request within fifteen (1 5) days from the date of this letter. Failure to
file a written request to appear and be heard in the office of the City Clerk of the City of
Carlsbad within fifteen (1 5) days afier the date this Notice is mailed will result in waiver
of the right to appear and be heard at the aforementioned hearing.
Your written request should be addressed to the following:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Road Improvements: Cassia Road and El Camino Real
6:OO p.m., June 27, 1995 Hearing Date
Please feel free to call us should you have any questions.
Very truly yours,
AMO, KEAGY, FREELAND & McKlNLEY ‘LY& Frank L. Asaro
FWsks
cc: City Clerk
Ron Ball
Richard Allen
8
- .*,&.L/ 2f+ y-c, -
LAW OFFICES OF
MICHAEL
BRIAN
MCDONNELL
FAX: 1619) 233-5670
707 BROADWAY SUITE I700 SAN OlEGO CALIFORNIA 92101-531 I
June 9, 1995
VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED
CITY CLERK City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: ROAD IMPROVEMENTS: CASSIA ROAD AND EL CAMINO REAL
6:00PM, June 27, 1995 Hearing Date
Dear City Clerk:
Please be advised that pursuant to California Code of Civil Procedure, 51245.235 that Mr. Anthony Bons, Mr. Dickie K. Bons and their attorneys, Michael B. McDonnell and George F. Braun, wish to speak with respect to the City of Carlsbad's eminent domain against Mr. Bons' property located on Cassia Road and El Camino Real.
We are in receipt of a letter from Attorney Frank Asaro stating that the City of Carlsbad will determine whether (a) the public
interest and necessity require the project, (b) the project is
planned or located in a 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.
Please be advised that this is a formal written request to appear and be heard in the offices of the City Clerk of the City of Carlsbad to speak on the aforementioned issues.
If you have any questions or comments, please do not hesitate to contact me.
Very truly yours,
MBM: pr cc: Mr. Anthony Bons Mr. Dickie Bons George F. Braun, Esq. Frank L. Asaro, Esq.
IIONS\~;III~S~I~I~.I.~K EXHIBIT 4
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RESOLUTION NO. 95-190
A RESOLUTION OF THE CITY COUNCIL 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 Council of the City of Carlsbad has previously adopted Resolution
No. 93-302 approving with conditions Site Development Plan No. 93-06, and requiring the
developer to provide offsite road easements and construct offsite roads within said easements
in conjunction with the development of its property known and designated as La Terraza; and
WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the
acquisition of real property of interests therein for street and other purposes pursuant to California
Streets and Highways Code Section 4090 and Govemmenf Code Sections 37350,37350.5 and
37353; and
WHEREAS, the real property or interests therein sought to be acquired for the proposed
project are located within the territorial limits of the City of Carfsbad; and
WHEREAS, the real property or interests therein sought to be acquired are necessary for
the proposed project; and
WHEREAS, the City of Carlsbad has established the amounts which it believes to be the
just compensation for the hereinafter described real property or interests therein sought to be
acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has
offered to the owners of said real property or interests therein the full amount established as just
compensation for said real property or interest therein sought to be acquired; and
WHEREAS, the City of Carlsbad has provided said owners of said real property or
interests therein a written statement of and summary of the basis for the amount established as
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 offer to the
owners of the real property or interests therein sought to be acquired, and the owners have failed
to favorably respond to the offers of the amounts established by the City of Carlsbad as just
compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section
1245.235, the owners of the real property of the interest therein sought to be acquired whose
names and addresses appear on the current equalized County Assessment Roll, have been sent
a Notice of Intention to Adopt a Condemnation Resolution, and have been provided with an
opportunity to appear and be heard on the matters referred to in California Code of Civil
Procedure, Section 1240.030.
NOW, THEREFORE, be it resolved that the City Council of Carlsbad finds and determines,
and hereby declares that:
The public interest and necessity require the proposed project.
The proposed project is planned and located in a manner which will be most compatible
with the greatest public good and the least private injury.
The real property or interests therein, hereinafter described in this Resolution, are
necessary for the proposed project.
The proposed project is a matter of public necessity.
The use of all and each every part of said hereinafter described real property or interests
therein for the use and purposes of the proposed project is a public use and a use authorized
by law.
The public interest and necessity require that the property or interests therein, hereinafter
described in this Resolution, be taken.
BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asaro, Keagy,
Freeland & McKinley (hereinafter 'special counsel') be, and is, authorized and empowered, and
directed in the name of the City of Carlsbad to acquire by donation, purchase, or condemnation,
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in accordance with the provisions of the Code of Civil Procedure of the Sate of California relating
to eminent domain the hereinafter described interest in real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the
proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said
hereinafter described real property, or any part thereof, for the proposed project.
To make an application to said court for an order determining the amounts of money to
be deposited as security for the payment of the just compensation which will be made for the
taking of the real property or any part thereof, or interests therein necessary for the proposed
project and any damage incident thereto, and to make application to said court for an order
permitting the City of Carlsbad to take immediate possession of aod to use said real property and
part thereof, or interest therein, sought to be condemned for the proposed project;
The real property referred to in this Resolution is situated in the Ci of Carlsbad, County
of San Diego, State of California, and is more particularly described in the parcel descriptions
attached hereto and marked Exhibit ‘K.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 27th day of JUNE , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L RAUTEN
EXHIBIT A (10 pages)
TpT#)RILBY coHsTR~cTIoI EAS-
All that portion .of the soutAwest quarter of fractional Section 23, Tovnship 12 South, Range 4 West, San Sarna,dino Meridian, being vithh the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows:
Beginning at the Southvest corner of Parcel 2 of Parcel nap IUS, recorded: December 20, 1972, as File No. 340334; thence easterly along the southerly lint of said parcel, South 89'32'21" East,
153.00 feet (South 89'32'01a East, PM 1188), to the TRUE POINT OF BEGIIINING: thence continuing along said southrly line, South
89'32121w East, 341.32 feet; tAence leaving said southerly Lint,
Souti3 O'27'39w West, 20.00 feet, to a point being along a Line southerly and parallel via said soutllerly lbe; tlexe easterly
and pazalLcl vith said soutbcrly lha, Sou- 83'32'21a East, 329.92 feet, t=, the 5egi.uring of a tangent 280.00 Coot radius me, concave soutllerly, tlence easterly along =!e arc of said =-?e, through a central angle of 1'49'36w, a distance of 8.93 feet: t!!ence tangent to said cu-Je, Soua 87.42'45" East, 38.06 Leet; thence South 4L'17'S9w East, 43.08 feet, to an intersection
a non-tangent 1558 00 foot radius cune, cmcave soctkeasterly, Seing pazallel and 58.00 fee= resterly of the centerline of 21 Camho zeal as show on Record of Survey 14583, recorded: Jme 30,
L994, as F/P L994-414919, having a radial Searing to said point of
North 79'39'1ZW West; t!ence southerly along the arc of said curve, through a central angle of 1'56'27w, a distance of 52.77 feet, to a point of a non-tangent 1205.00 foot radius compound CJNe, concave soutlbeasterly, having a radial bearing ta sa2 point of
No=! 84'37t14w West; thence southerly along the azc of said c.,?re,
t3rmgh a central anqle of a*48'3?w, a distance of L85.29 fee=, :J an intsrtecticn wiC9 Lie vesterly right-of-way 1he cf :?e above
desct-ed El camLqo xeal, being a non-tangent 1545.00 fooc -zaei:s compound cJ,--re, concave sasterly, having a radial Searing Z= sai5 point of Nor3 88'2S'Otw West; thence soutlherly along '-,C,e a== cf
said =.me and right-OF-way t3zouqh a central angle of 0'41'04",
a distance of 28-46 feet: thence leaving said right-cZ-vay, NOLA
89'06106m West, 10.00 feet, to tbe beginning of a non-tangent
1555.00 Coot radius curve, concave easterly, having a radial bearing t=, said point of North 89'06106w West: thence noC2zerLy along t3e arc of said me, mough a centzal.angle of 0'40'06*,
a distance of 18.14 feet, to the beginning of a non-tansent 1215.00 foot radius compound me, concave easterly, having a radial bearing to said point of South 86'35'24w West; thence nomerly
* along the arc of said me, through a central angle of 7'41'17", a distance of 163.03 feet; t!!ence North 40'f6*4Sw West, 34.95 Ceet: thence NoPA 9'04t29w East, 71.40 feet; thence North 87'42'45"
West, 14-72 feet, to the Seqfnning of a tangent 270.00 foot radius
CZtTVe, concave southerly, thence vesterly along the arc of said curve, through a central angle of 1'49'36', a distance-of 8.6L feet, to a point Seing 30.00 foot southerly and parallel wits =!e
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94-14? 7be Samppah Group 234 5
+=Ic;.NQ--- hl
southerly Ifne of said parcel; thane* VaS'tUly a&- said parallel line, North 89'32'21m- West, 329.92 feet: thence North 79'36.43"
West, 46.40 fa&; thence North S8'34'31. W-t, 23.32 feat, to a point being 10.00 southerly of the SOUthcZly lhe of said Parcel .
2; thence vestuly and parall.2 with said southerly line, North
89*32'2ZR West, 275.63 feet; than- North O'27'3S9 East, 10.00 feet, to the TRUE POINT OF BEGINNING.
Area: 12,529.65 square feet
2
1 WESmuY R0.W. OF EL cmo REAL
b 18.14'
SCU I' = 50'
A21 that poeion of tha southwest quarter of fractional Section 23, Tovnship It South, Range 4 West, San Bernardino Meridian, being within the City of Carlsbad, County of San Diego, State of California, being more particularly described as follovs:
Begbaing at the Southeast corner of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as Pi18 No. 340334; thence westarly along the southerly line of said parcel, North 89'32'2lW Rest,
444.77 feet, (N89'32'01-, PW 1188), to the westerly right-of-way
line of El mino Real, as shown on Record of Survey 14588, recorded: June 30, 1994, as Pile No, 1994-414919, being the TXUE
POINT OF BEG-G; also being the beginning Of a non-tangent
1545,OO foot radius me, concave southeasterly, havhg a radial bearing to said point of No*& 77'34'21w West; tbancs southerly
along the arc of said me, tsrrough a ccntcal angh of 10'50'41m, a dis'cance of 292.43 feet, to an intersection vith a non-tangent
1205.00 Foot radius me, concave easterly, having a radial
Searkg to said point of South 86'34'09m West; -thence nopderly along Ltc arc of said cumre, through a central angle OF 8*48'37", a distance 02 185.29 Feet, to an intersection vi=!! a non-tangent
1558.00 foot radius -,-e, concave easterly, having a radial Searing to said point of NO- a1-35'39" Wes:; t=rencc nortAez2.y along the a==: of said axme, through a central angle of 3*55'13",
a distance of 106.60 feet, ta the southerly liae of said parcel;
thence easterly along said southerly line, South a9 3 2 ' 2 I" East,
13.29 feet, to the TRUE POINT OF SEGLWING.
Area: 2694.54 square feet
A=d4a'37 R= 12O5.00' %18529' 0
nn
SiIiTIc 'L'
P 23-Vl c cIRI;sBIID, c1 92008-4387
(819) 931-8700
All that portion of the southvest quarter of fractional Section 23, .
Tomship I2 South, Range 4 West, Saa Be- o Meridian, being vithin tho City of Carlsbad, County of San Diego, State of California, being more particularly described as follovs:
Beginning at the Southrast corner of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as Pile No. 340334; thence westerly along the southerly line of said parcel, North 89'32'21" West,
458.06 feet, (N89'32'01W, PPI I188), to a point baing 13.00 feet westerly and parallel vith the westerly right-of-vay of El -0 Real, as shown on Record of Survey 14588, recorded: June 30, 1994,
as File No. 1994-414919, bchg the TRUE POINT OF BEGX"G; also being the beginning of a non-tangent 1558.00 foot radius we, concave southeasterly, having a radial bearing to said point of North 77m40*26u West; thence southerly along the arc of said curve, thruugh a central angle of 1'58'46", a dhtancs of 53.82 feet, thence leaving said parallel line, NorCA 41'17'59a West, 43.08
feet; thence Nortt 87.42'45" West, 18.06 feet, to &&e begi.uring of a tangent 280.00 foot radius we, concave soumerly, thence vesterly along the arc of said cumre, t!zrough a central angle of
1'49*36", a dis-cance of 8.93 feet, to a poht being 20.00 feet southerly of the southerly line .of said pazcel; thence vesterly and parailel vith said southerly line, North 89*32'21* West, 329.92 feet; thence North 0'27f39n East, 20.00 Zect, to an intersection
vith said southerly line; thence easterly along said southerly line, South 89*32'2lW East, 395.74 feet, to the TRRZ ?OIE OF
SEGX,X"G .
Azea: 8461.63 square feet
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NCr27'3o'E
,.. , 20.00'
SCALE: I' = SO'
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All that portion of the southwest quarter of fractional Section 23, TovnrUp I2 Soath', Range 4 West, San Bernardho Meridian, being vithin the City of carlsbad, County of San Diego, State of California, being mora particularly described as follan:
Beginning ut the Southeast cornu of Parcel 2 of Parcel Hap 1188, recorded: 20, 1972, as Pur No. 340334; thence vesterZy along the seutbrly line of said parcel, North 89°32821a West,
3S2.64 feet, (N89'32*01W, Pn 1188), to the czutarly right-of-vay line of El haaino -2, as sham on Record of surrtey 14588,
recorded: June 30, 2994, as Pila No. -94-414919, being the TRUE
XIZIT OF BEG-G; thence retracing dong the southerly line of said parcal, South 89*32'2lW East, 19.46 feet; thence leaving said lbe, South 13'02'32m West, 20.74 feat; thence North 76'S7'30a
West, 18-94 Zeat, to an intersection vim me easterly line of the
above described El Camino Real right-of-vay, being an htersaction vith a 24~f.00 foot radius -a, wncave southeasterly, having a radial bcuing t3 said point of NOFA 77'28'1;1', West; thence nort-!erly along the arc of said me, 'sough a central angle of
0'38'59m, a distance of 16.50 feet, to tie TRCE POINT OF BEGINNING.
Xzea: 353.51 square feet
c I'
SCALE 1' = 30'
EnsrzIcLY R.O.7. OF EL CAMNO REAL - --
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a 1-
7 SOUTBERLY OF ?ARCEL 2. PY 1188 \ \
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5115 (L-A ENCINAS
CIRfSBID. c1 92008-4387
(61s) 931-8700
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........ JUN 25'95 11:30 No.003 P.01 KUBOTA-NURSERIES LD: 1-408-633-3920 . Iql. . "I L
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Honorable Claude A. "Buddy" Lewis
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Mayor Lewis:
ALL RECEIVED
June 27, 1995
It is our understanding that your agenda for this evening includes action on
condemnation proceedings for Cassia Road.
concerns of Mr. Anthony Bons regarding the affects this action will have on the
successful.operation of his business.
mutual accord. Without commenting directly on Mr. Bons' position, we do have
an additional concern.
By this time you are well aware of the
We certainly hope you are able to reach a
The City of Carlsbad has a long and rich history of agricultural production.
with any urbanizing community the potential exists in Carlsbad for conflicts to
arise between farmers and newly developed property.
burden of mitigation usually falls upon the established farmer, adding to a long
list of issues the farmer must deal with in order to survive as a producer. Some
of those potential conflicts can be seen in the case of Mr. Bons.
As
When these conflicts occur the
While we do not advocate the rights of farmers over the rights of any property owner
to develop his property, we would like to suggest that the City of Carlsbad consider
the adoption of a "Right to Farm" ordinance.
existing farmers are clearly defined as are the methods for resolving conflicts that
might occur.
protect against the premature loss of agriculture while making it clear to residents
that there are inherent needs of farmers.
Under such an ordinance the rights of
Several jurisdictions in California have used this method to help
Should you have an interest in gaining a better understanding on how a "Right to
Farm" would benefit the City of Carlsbad, our organization, along with the San Diego
County Farm Bureau, would be happy to help in any way.
Pres i&t
cc. Mayor Pro Tem Julie Nygaard
Council Member Ann Kulchin
Council Member Ramona Finnila
Council Member Mat Hall
SAN DlEGO COUNTY FLOWER & PLANT ASSOCIATION
5h00 AVENIDA ENCINAS, SUITE 108, CARLSBAD, CA 92008 PHONE: (619) 431-2572 FAX: (619) 431 -8834
County of San Diego
KATHLEEN A. THUNER
DEPARTMENT OF AGRICULTURE, WEIGHTS & MEASURES 5555 Overland Ave., Bldg 3, San Diego, CA 92123-1292 AGRICULTURAL COMMISSIONER
SEALER OF WEIGHTS
AND MEASURES
AGRICULTURE
16191 694-2739
WEIGHTS & MEASURES (6191 694-2778 FAX (6191 565-7046
June 27, 1995
Claude Lewis
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad. CA 92008-1989
"PONTO FLORAL" [RESOLUTION TO CONDEMN]
It has come to my attention that the City Council tonight will be considering a resolution to condemn
property for an expanded "right of way" adjacent to a rose growing operation known as Pronto Floral,
6515 El Camino Real, Carlsbad. [Permit no. 379537PO7221
I respectfully request the Council postpone action on this item so that I may provide information regarding
this agricultural enterprises' operations and facilities.
As you know, conflicts can occur between agriculture and certain other land uses. One of this
Department's roles is to provide assistance to yourself and the council in evaluating the potential for
problems resulting from the occupancy or purchase of properties adjacent to agricultural enterprises. I
am particularly concerned about the noise. dust. insects, rodents and chemicals (pesticides) which may
accompany agricultural enterprises and which may not have been fdly defined when this project was
permitted adjacent to an agricultural enterprise that has been in operation for 15 years. I believe it is
importaut to work together to avoid conflicts which may adversely impact the commercial agricultural
industry in San Diego County. The County Board of Supervisors in 1987 passed an Agricultud
Enterprises and Consumer Information ordinance (see attached) which may be of interest to you and the
council in retaining agriculture as a viable part of the City of Carlsbad.
Please contact me at 619/694-2741 if I can be of any assistance in this or future agricultural enterprise
issues.
Sincerely.
IdTHLEEN A. T"ER
Agricultural Commissioner/
Sealer of Weights and Measures
§ 63.305 SAN DIEGO COUNW CODE
SEC. 63.305. EXCEPTIONS.
Nothing in this chapter shall be construed as
making it unlawful for any person to graze, run or
pasture livestock of any and all descriptions on
any public lands of the United States in the County
where any flowers, plants, or trees herein de-
scribed are growing. It is also expressly provided
that the provisions of this chapter shall not apply
to any native plant which is declared by State law
to be a public nuisance.
CHAPTER 4. AGRICULTURAL
ENTERPRISES AND CONSUMER
INFORMATION*
SEC. 63.401. STATEMENT OF PTJRPOSE.
The purpose and intent of this Chapter is, in
accordance with State law, to define and limit the
circumstances under which agricultural enter-
prises activities operations, and facilities shall con-
stitute a nuisance. It is also the purpose of this
Chapter to recognize that the commercial agricul- tural industry in the County of San Diego is a
significant element of the County’s economy and
a valuable open spacdgreenbelt resource for San
Diego County residents. To further this purpose,
it is the intent of this Chapter to recognize that
conflicts can occur between agriculture dd cer-
tain other land uses; and to provide a procedure
which will enhance the County’s ability to iden-
tify and evaluate the potential conflicts between a
land use proposal and an agricultural enterprise
when the land use proposal is adjacent to, or in
close proximity of, an agricultural enterprise. Fi-
nally, it is the objective of this ordinance to estab-
lish a system that will enable prospective pur-
chasers and occupants of property adjacent to or
near agricultural land or operation within one mile
of an agricultural land or operation within one
mile of an agricultural enterprise to be notified of
the inherent potential conditions associated with
such purchase or occupancy, including, but not
limited to, noise, odors, dust, insects, rodents, and
chemicals that may accompany agricultural en-
*Note-Chapter 4, Cotton, Sections 63.401 and 63.402, re-
pealed by Ord. No. 2797 (N.S.), effective 3-25-65. New Chapter
4, Agricultural Enterprises and Consumer Information, Sec-
tions 63.401-63.408, added by Ord. No. 7408 (N.S.), effective
12-10-87.
terprises. This ordinance is not to be construed to
in any way modify or abridge the State law set
out in California Civil Code, Section 3482.5, rel-
ative to agricultural nuisances.
SEC. 63.402. AGRICULTURAL LAND CON-
VERSION.
This Chapter shd be construed as a means to
accomplish the particular purposes set forth above.
It shall not be construed to imply that agricul-
tural land, or land that is used for agricultural
purposes, is required to remain in any particular
use or zone. It is acknowledged that agricultural
land or land that is used for agricultural pur-
poses, whether zoned for agriculture or not, may
be converted to other uses or zones.
SEC. 63.403. PROHIBITION.
Pursuant to the provisions of Civil Code Section
3482.5:
(a) No agricultural enterprise, activity, opera- tion, or facility, or appurtenances thereof,
conducted or maintained for commercial
purposes, and in a manner consistent with
proper and accepted customs and standards,
as established and followed by similar ag-
ricultural operations in the same locality,
shall be or become a nuisance, private or
public, due to any changed condition in or
about the locality, after the same has been
in operation for more than three years if it
was not a nuisance at the time it began.
(b) Subdivision (a) shall not apply if the agri-
cultural enterprise, activity, operation, or
facility or appurtenances thereof obstructs
the free passage or use, in the customary
manner, of any navigable lake, river, bay,
stream, canal, or basin, or any public park,
square, street, or highway.
(c) This section shall not invalidate any provi-
sion contained in the Health and Safety
Code, Fish and Game Code, Food and Ag-
ricultural Code, or Division 7 (commencing
with Section 13000) of the Water Code, or
any other applicable County Ordinance, if
the agricultural enterprise activity, opera-
tion, or facility, or appurtenances thereof,
’
supp. No. 4, 7-94 996
4 HEALTH AND SANITATION 63.405
(d)
SEC.
(a)
constitute a nuisance, public or private, as
specifically defined or described in any such
provision.
For purposes of this Chapter, the term "ag-
ricultural enterprise, activity, operation, or
facility, or appurtenances thereof' shall in-
clude, but not be limited to, the cultivation
and tillage of the soil, dairying, the produc-
tion, cultivation, growing, and harvesting
of any agricultural commodity, including
timber, viticulture, apiculture, or horticul-
ture, the raising of livestock, fur bearing
animals, fish, or poultry, and any practices
performed by a farmer or on a farm as in-
cident to or in conjunction with such farm-
ing operations, including preparation for
market, delivery to storage or to market, or
to carriers for transportation to market.
63.404. NOTICE TO PROSPECTIVE
BUYERS AND OCCUPIERS.
Any person selling, leasing or renting real
property, which is within an agricultural area may
notify any prospective purchaser or occupier of
such real property in writing as follows:
The subject property may be located within
one mile of agricultural enterprises. Occupants
of this property may be exposed to inconvenienc-
es or irritations arising from agricultural enter-
prises, including but not limited to, cultivation,
plowing, spraying, pruning, harvesting, drying,
and crop protection from the elements or dep-
redation which generates dust, smoke, noise,
insects, rodents and odor, and the use of agri-
cultural chemicals, including but not limited to
herbicides, insecticides, fungicides, rodenticides,
and fertilizers. Occupants of the property may
be required to accept such inconveniences and
irritations, unless the agricultural enterprises
constitute a public or private nuisance despite
the provisions of Section 3482.5 of the Civil Code
or Section 63.403 of the San Diego County Code.
It is understood that agricultural uses may be
altered or expanded in the future. Further in-
formation concerning enrolled agricultural ac-
tivities or enterprises within one mile of this
property may be obtained from the County De-
partment ofAgriculture, Weights and Measures
upon the payment of the applicable fees under
the California Public Records Act.
(b) For the purposes of this Chapter, an agri-
cultural area is defined as property which is: (1)
within an agricultural zone; (2) being used for an
agricultural activity or operations; or (3) located
within one mile of the boundary of property which
is being used for an enrolled agricultural enter-
prise as defined in Section 63.405.
SEC. 63.405. AGRICULTURAL ENTER-
PRISE ENROLLMENT.
(a) In order to enhance the implementation of
the provisions of Civil Code Section 3482.5 and
Section 63.403 of this Chapter, the owner or op-
erator of an agricultural enterprise may enroll with
the County Department of Agriculture, Weights
and Measures pursuant to this section. The en-
rollment shall be on a form and contain informa-
tion prescribed by the Agricultural Commissioner/
Sealer of Weights and Measures; and shall be
accompanied by a fee established pursuant to Sec-
tion 63.407. The enrollment authorized by this
Section will provide the County of San Diego with
information concerning the enrolled agricultural
enterprise which may be used in the County's re-
view of discretionary land use applications.
(b) The agricultural enterprise enrollment pro-
gram authorized by this section shall be limited to
agricultural enterprises which have a gross pro-
duction value of $1,000 per year for three current
years. Agricultural enterprises meeting this crite-
ria may enroll annually with the County Depart-
ment of AgricultureNeights and Measures pro-
viding proof satisfactory to the Agricultural
Commissioner/Sealer of weights and Measures
that they meet the criteria of this subsection.
(c) The County Department of Agriculture/
Weights and Measures shall carry out the enroll-
ment program authorized by this section; and pro-
vide the information required by Section 63.406 to
the County Department of Planning and Land Use.
(d) The agricultural enterprise enrollment pro-
vided by this Section shall be valid only during
the calendar year of application.
Supp. No. 6, 2-95 997
SEC. 63.406. DISCRETIONARY LAND USE
PERMITS.
The Department of Planning and Land Use shall
notify the County Department of Agriculture/
Weights and Measures of all discretionary land
use permit applications within one mile of an en-
rolled agricultural operation or enterprise. The
County Department of Agriculturfleights and
Measures shall review those discretionary land
use permits which the Department is notified of
and make applicable determinations and notifica-
tions to the Department of Planning and Land
Use as to the nature of such enrolled agricultural
activity orenterprise and any other information it
may deem appropriate to the permit application.
The Department of Planning and Land Use shall
use the information provided by the County De-
partment of AgricultureNeights and Measures in
the review of the discretionary land use permit.
SEC. 63.407. FEES.
The Board of Supervisors shall, by resolution,
establish fees for agricultural activity or enter-
prise enrollment. Said fees shall not exceed $15
per property per year. Fees for providing enroll-
ment information shall not exceed actual costs to
the Department of AgricultureNeights and Mea-
sures. An agricultural enterprise may enroll for a
period of one to three years.
(Amended by Ord. No. 8358 (N.S.), effective 3-17-
94)
SEC. 63.408. SUNSET.
(Repealed by Ord. No. 8358 (N.S.), effective 3-17-
94)
CHAPTER 5. AVOCADO TESTS
SEC. 63.501. [RESERVED.]
(Repealed by Ord. No. 2797 (N.S.), effective 3-25-
65)
SEC. 63.502. [RESERVED.]
(Repealed by Ord. No. 2797 (N.S.), effective 3-25-
65)
5 63.406 SAN DIEGO COUNTY CODE
SUPP. NO. 6, 2-95 998
DIVISION 4. DISEASE CONTROL
CHAPTER 1. GENERAL PROVISIONS -
NUISANCES
SEC. 64.101. DUTY OF DIRECTOR OF THE
DEPARTMENT OF ENVIRON-
MENTAL".
It shall be the duty of the Director of the De-
partment of Environmental Health, under the di-
rection and control of the Board of Supervisors, to
enforce all laws, ordinances, and rules and regu-
lations relating to the protection of the public's
health through environmental means, including
but not limited to: prevention of sickness, nuisanc-
es or sanitation within the County.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-
88; amended by Ord. No. 8477 (N.S.), adopted 11-
8-94, operative 1-1-95)
SEC. 64.102. RESISTING DIRECTOR OF THE DEPARTMENT OF ENVI-
RONMENTAL HEALTH.
It is unlawful for any person to resist or at-
tempt to resist the entrance of the Director of the
Department of Environmental Health into any rail- road car, stage, vehicle, building, room, lot or oth-
er place in the County in performance of his duty,
or to refuse to obey any lawful order of the Direc-
tor of the Department of Environmental Health
when made in performance of his duties or within
the powers conferred by this chapter or by law.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-
88; amended by Ord. No. 8477 (N.S.), adopted 11-
8-94, operative 1-1-95)
SEC. 64.103. VIOLATION - INFRACTION -
MISDEMEANOR.
(a) Except as provided in subsection (b), any
person violating any provision of this chapter shall
be deemed guilty of an infraction.
(b) A person convicted of a third or subsequent
violation of this chapter within two years from the
date of the first conviction shall be deemed guilty
of a misdemeanor.
JUN-26-95 MON 09:57 CITY_ OF CARLSBAD COMM DE FAX NO, 43808_94 P. 02
JUn826, 1995
TO:
FROM: Principal Civil Engineer
LA TERRAZA OFFSITE EASEMENTS (6/27/95 AGENDA ITEM # 17)
ASSISTANT TO THE CITY MANAGER
1. Roadway construction:
The road construction adjacent to the Bons property will take approximately four
weeks to complete. This includes portions of Cassia Road fo the north and widening of El Carnino Real.
2. Bons driveway reconstruction:
A new driveway on El Camino Rea! will be constructed to replace to current access from the north. Construction of this driveway will take five to six days during which
time the driveway will be Closed. The construction and closure will be done in
several stages of one or two days each. Except for theso days, a temporary access
will be open at the north end of the property. The driveway at the south end of the
parking lot will be open at all times.
3. Parking:
I visited the site on June 22 and measured the parking fat. The paved lot in ihe
front Is large--300 feet long and will hold 28 cars. There is also a small paved area on the north side of %e building that will hold another 4 cars for a total of 32 spaces. After construction, the lot on the side will no longer be accessible.
However, the old driveway area can be used for parking and will hold four cars. Therefore, no spaces will be lost after the construction.
I also talked to two shopkeepers at Sunfresh Roses. They told me that during the
summer is their stow time and parking is not a problem- Their concern was during
the Christmas holidays when they are busiest. 1 ob5erved a maximum of four cars
at Sunfresh Roses and six at the adjacent Ponta Floral which shares the parking lot d construction will be dona long before the Christmas holidays.
RICHARD H. ALLEN, JR., P.E.
Principal Civil Engineer
Attachment: Memo from design engineer dated 6/23/95 C: City Engineer
Assistant City Engineer
Frank Asaro
CITY OF CMLSBAD COMM DE FAX NO, 4360894 WAY -,L ~nm r.w JUN-26-95 MON 09: 57 86/23/1955 17:23. --M INC P, 03
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June 21, 1995
Frank L. Asaro, Esq.
Asaro, Keagy, Freeland & McKinley
Attorneys at Law
Fourth Floor
3170 Fourth Avenue
San Diego, CA 92103
RE: ROAD IMPROVEMENTS - CASSIA ROAD AND EL CAMINO REAL
Enclosed for your information is a copy of the letter received from Dorothy Stevens,
Owner of Sunfresh Roses, regarding the eminent domain hearing scheduled before
the Carlsbad City Council on June 27, 1995.
LE'E RAUTENKRANZ, CMC I
City Clerk
Enc.
c: Ron Ball, City Attorney
Richard Allen
63 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
Sunfresh Roses
“UNIQUE FLORAL DESIGNS”
65 15 EL CAMINO REAL, CARLSBAD, CA 92009
(6 19) 438-9544
June 20, 1995
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008
Re: ROAD IMPROVEMENTS: CASSIA ROAD AND EL CAMINO REAL 6:00PM, JUNE 27, 1995 HEARING DATE
Dear City Clerk:
Please be advised that pursuant to California Code of Civil Procedure, number 1245.235, that Dorothy Stevens, owner of Sunfresh Roses requests in writing to appear and be heard with respect to the City of Carlsbad’s eminent domain against Mr. Anthony Bon’s property located on Cassia Road and El Camino Real.
This particular property is at the front door of my floral shop.
Such a claim of eminent domain on the this particular footage would usurp the parking I provide for my delivery truck, my customers and my employees.
We have over 300 active business accounts, mostly from the Carlsbad
Business Park. The residences of La Costa, Aviara and the seniors
from Rancho Carlsbad, Camino Hills and Lakeshore Gardens like to visit our shop. To convert my parking spaces to a truck storage
area would most certainly create a traffic hazard for my customers and my staff, the majority of whom are residences and taxpayers of Carlsbad .
I would also like to point out that there is adequate space from the curb of El Camino Real to the brick wall that surrounds your
building project plus the available space near the trailer parked at the north-east corner of the project that will provide the necessary space to park your trucks on your property.
Very Truly Yours,
Dorothy Stevens, Owner Sunfresh Roses DDS :ms
. &\3qos-
June 12, 1995
Frank L. Asaro Asaro, Keagy, Freeland & McKinley Attorneys at Law Fourth Floor
3170 Fourth Avenue
San Diego, CA 92103
RE: ROAD IMPROVEMENTS CASSIA ROAD AND EL CAMINO REAL
Enclosed for your information is a copy of the letter received
from Michael Brian McDonnell, attorney for Anthony Bons, regarding the eminent domain hearing scheduled before the
Carlsbad City Council on June 27; 1995.
Ass istan< CitpClerk
Enc .
c: Ron Ball
Richard Allen
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 @
-
- -LAW OFFICES OF
MICHAEL
BRIAN
MCDONNELL
FAX: (619) 233-5670
707 BROADWAY SUITE 1700 SAN DIEGO CALIFORNIA 92101-531 I
June 9, 1995
VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED
CITY CLERK City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: ROAD IMPROVEMENTS: CASSIA ROAD AND EL CAMINO REAL
6:00PM, June 27, 1995 Hearing Date
Dear City Clerk:
Please be advised that pursuant to California Code of Civil Procedure, S1245.235 that Mr. Anthony Bons, Mr. Dickie K. Bons and their attorneys, Michael B. McDonnell and George F. Braun, wish to
speak with respect to the City of Carlsbad,s eminent domain against
Mr. Bons‘ property located on Cassia Road and El Camino Real.
We are in receipt of a letter from Attorney Frank Asaro stating that the City of Carlsbad will determine whether (a) the public interest and necessity require the project, (b) the project is
planned or located in a 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 .
Please be advised that this is a formal written request to appear and be heard in the offices of the City Clerk of the City of
Carlsbad to speak on the aforementioned issues.
If you have any questions or comments, please do not hesitate to
contact me.
Very truly yours,
LAW T& OFFIC S pm. McDONNELL
Mi a 1 B. Mc o
MBM : pr
cc: Mr. Anthony Bons
Mr. Dickie Bons
George F. Braun, Esq. Frank L. Asaro, Esq.
BO”iB1353PR.LTR
ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT LAW
FOURTH FLOOR
3170 FOURTH AVENUE
SAN DILGO. CALIFORNIA 92103
TELEPHONE (6191 297-3170
FRANK L. ASARO
ROSCOE D. KEAGV
RICHARD R. FREELAND
STEVEN A. MCKINLEY
TIMOTHY M. 8ARRY
SHEILA M. LEONE FACSIMILE (61s) 2S0-4268
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY
June 6, 1995
Mr. Anthony Bons and
Mr. Dickie K. Bons, Trustees
c/o Mr. Michael B. McDonnell
Attorney at Law
707 Broadway, Suite 1700
San Diego, CA 92101-531 1
Re: Road Improvements: Cassia Road and El Camino Real
Gentlemen:
On June 6, 1995, we wrote you concerning an offer by the City of Carlsbad for the
acquisition by the City of Carlsbad of a portion of your property for the above-referenced
project.
The property to be acquired was described and shown on plats attached to the
Appraisal Summary which was included in our letter.
The purpose of this letter is to give notice of a public hearing by the City of
Carlsbad for the commencement of condemnation proceedings as required by law for
the acquisition of portions of your property as set forth in our letter described above.
The City of Carlsbad will hold a public hearing on June 27, 1995, at 6:OO p.m. or
as soon thereafter as the matter may be heard at the City Council Chambers located at
1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to
consider at that time the adoption of a Resolution of Necessity to authorize the
condemnation of a portion of your property for the above-described road improvement
project.
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 of Carlsbad will determine whether (a) the public
Mr. Anthony Bons
Mr. Dickie K. Bons
June 6, 1995
Page 2
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.
If you wish to speak either for or against the issues which are outlined above, you
must file a written request within fifteen (15) days from the date of this letter. Failure to
file a written request to appear and be heard in the office of the City Clerk of the City of
Carlsbad 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.
Your written request should be addressed to the following:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Road Improvements: Cassia Road and El Camino Real
6:OO p.m., June 27, 1995 Hearing Date
Please feel free to call us should you have any questions.
Very truly yours,
AMO, KEAGY, FREELAND & McKlNLEY cLf& Frank L. Asaro
FWsks
cc: City Clerk
Ron Ball
Richard Allen
G .
FRANK L. ASARO
ROSCOE D. KEAGY
RICHARD R. FREELAND
STEVEN A. MCKINLEY
TIMOTHY M. BARRY
SHEILA M LEONE
ASARO, KEAGY, FREELANO & MCKI’NLEY
ATTORNEYS AT LAW
FOURTH FLOOR
3170 FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92103
TELEPHONE (619, Z97-3170
FACSIMILE (619) PBp-4168
June 6, 1995
Mr. Anthony Bons and
Mr. Dickie K. Bons, Trustees
c/o Mr. Michael B. McDonnell
Attorney at Law
707 Broadway, Suite 1700
San Diego, CA 92101-531 1
Re: City of Carlsbad Acquisition of Real Property
Road Improvements: Cassia Road and El Camino Real
Gentlemen:
The purpose of this letter is to present a written offer from the City of Carlsbad
to acquire a portion of your property at 6480 and 6515 El Camino Real, Carlsbad,
California, subject to the approval of the City Council of the City of Carlsbad, for the
above-referenced project. The property proposed to be acquired and plats are described
and shown in the attached Appraisal Summary Statement.
The purchase price offered is $20,400.00, which is based upon an independent
appraisal of the property made by a qualified appraiser in San Diego County.
The appraisal was based upon the fair market value of the property for its highest
and best use. Enclosed is an Appraisal Summary Statement setting forth the rights to
be acquired and the value thereof as determined by the appraiser.
In addition to approval of the City Council of the City of Carlsbad, the proposed
acquisition would also be subject to obtaining title free and clear of all liens,
assessments, and encumbrances. If this contingent offer is acceptable to you, please
communicate with the undersigned.
The City of Carlsbad has made every effort to establish a fair price for the
required property and property interests. The appraiser’s figures are the appraiser’s
opinion of fair market value which was determined after a personal inspection of your
property. The appraisal takes into consideration the location of your property, its highest
and best use, and other indicators of value.
Mr. Anthony Bons
Mr. Dickie K. Bons
Page 2
June 6, 1995
We would appreciate it if you would review the enclosed information and Offer to
Purchase, and communicate with our ofice no later than 15 days from today’s date.
Should you require additional time in which to consider our offer, or if you wish to
schedule a meeting to discuss this matter, please contact our office.
The above-referred to portions of your property are required for completion of the
above-referenced road improvement project. Therefore, we are also enclosing a Notice
of Public Hearing as required by law, where the Clty Council will consider the adoption
of a Resolution of Necessity for the acquisition of the property through condemnation
proceedings. The hearing is scheduled for 6:OO p.m., June 27, 1995, as more
particularly set forth in the notice.
Thank you for your cooperation.
Very truly yours,
ASARO, KEAGY, FREELAND & McKlNLEY
Frank L. Asaro
FWsks
Enc.
cc: City Clerk
Ron Ball
Richard Allen
1 . .
APPRAISAL SUMMARY STATEMENT
OWNER: Anthony and Dickie K. Bons, Trustees
PROJECT: Road Improvements: Cassia Road and El Camino Real
PROPERTY LOCATION: 6480 El Camino Real: 6515 El Camino Real, Carlsbad,
California.
PRESENT USE: Flower Shop; Green House
ZONE: E-A Exclusive Agricultural Zone
TOTAL PROPERTY: 2.63 acres and 6.55 acres
HIGHEST AND BEST USE: Future residential development.
RIGHT OF WAY TO BE ACQUIRED: 354 SF; 11 ,157 SF.
TEMPORARY CONSTRUCTION EASEMENT: 12,530 SF
Please see attached exhibit for descriptions and plats.
Market Value of Required Property is $20,400.00.
The market value of the property being purchased is based upon a market value
appraisal prepared in accordance with accepted appraisal procedures. Valuation of your
property is based upon an analysis of recent sales of similar properties in this locality
considering the highest and best use of the subject property.
The amount of damages to the remaining property due to the City’s acquisition and
construction of the improvement is $-0-. Special benefits to the remaining property as
a result of the project is not applicable.
Total Payment is $20,400.00.
This summary of the basis of the amount offered as just compensation is presented in
compliance with Federal and State law, and has been derived from a formal appraisal
prepared by an independent appraiser, which includes supporting sales data and other
documentation.
/c EXHIBIT A &
--- e---
- i
i
.. -- ---.. - - _--. .
Offsite Dedications and Easements (Bons Property)
94-1 41 Tbe Samppah Group 1
.
All that portion pf the sou+Awest quarter of fractional Section 23, Township 12 South, Range 4 West, San Sernardino Meridian, being within the City of Carlsbad, County 02 San Diego, State of California , being more particularly described as follows :
Beginning at the Southwest corner of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as File No- 340334; thence easterly along the southerly line of said parcel, South 89'32'2lW East,
153.00 feet (South 89'32'01" East, PM 1188), to the TRUE POINT OF
BEGINHING; thence continuing along said souaerly line, South
89'32'2LW East, 341.32 feet; thence leaving said soutllerly line, south O'27*3gn West, 20.00 feet, to a point being along a line southerly and parallel with said southerly line: tkence easterly
and pa,rallel vita said southerly line, South 89'32*2Iw East, 329.92 feet, to the beginning of a tangent 280-00 foot radius me, concave soutllerly, thence easterly along the arc of said CUIIye, through a central angle of 1'49'36", a distance of 8.93 feet; Lience tangent to said cwe, Sou3 87'42'45" East, 18.06 feet; thence South 41'17'54w East, 43.08 feet, to an intersection with
a non-tangent 1558.00 foot radius curve, concave southeasterly,
being parallel and 58.00 feet vesterly of the centerline of Zl Camino 3eal as shown on Record of Survey 14588, recorded: Juxe 30,
1994, as F/P 1994-414919, having a radial bearing to said point of North 79'39'12" West; thence southerly along the arc of said we,
througb a central angle of 1'56'27n, a distance of 52.77 feet, to
a point of a non-tangent 1205.00 foot radius compound cuz've, concave soutfieasterly, having a radial. bearing to said point of .
Nortb 84'371L.4w West; thence southerly along tSe arc of said ccrve, through a central angle of 8'48'3?", a distance of 185.29 feet, to
an interseczion wit3 the vesterly right-of-way line ~f :,?e above
described El Camino Real, being a non-tangent LS45.00 foot radius compound ccl-e, concave easterly, having a radial Searing to saF5 point of Nor=-.! 88'25102w West: thence sout3eriy along =%e a==: of
said cme and right-of-way t?rough a central angle of 0'41'0411, a distance of 18.46 feet; thence leaving said right-af-vay, NorCt
89'06'06m West, 10.00 feet, to the beginning of a non-tangent
1555.00 foot radius curve, concave easterly, having a radial bearing to said point of North 89'06'06" West; thence nomerly along tbe arc of said curve, through a centzal angle of 0'40'06w,
. a distance of 18- I4 feet, to the beginning of a non-tangent L2LS. 00
foot ,-diu compound we, concave easterly, having a radial bearing to said point of South 86.35'24" West; thence nomerly along the arc of said -me, through a central angle of 7'41'17", a distance of 163.03 feet; Lience North 40'56'4Sw West, 34.95 feet; thence Nom 9'04*29" East, 71.40 feet; thence North 87'42*4Sw
West, 14-72 feet, to the beginning of a tangent 270.00 foot raOius curre, concave southerly, thence vesterly along the arc of said
-me, through a central angle of 1'49'36w, a distance of 8.61 feet, to a point being 30.00 foot souL5erly and parallel wit3 the
961 41 me Samppala Group 234
southerly line of said parcel: thence westerly along said parallel lint, North 89'32'21*- West, 329.92 feet; thence North 79'36'43*
West, 46-40 faet: thence North 58'34'31" West, 23.32 feet, to a point being 10.00 Southerly of the southerly lhe of said Parcel
2; thence vesterly and parallel with said southerly lfne, North
89'32'2lR West, 275.61 feet: thence North 0'27'39m East, 10.00
feet, to the TRUE POINT OF BEGINNING.
Area: 12,529.65 square feet
2
94.1 41
-.
Tlre Samppah Group 234
@ ..
SCALE: 1' = 50'
CASSIA ROAD
..
so-Y PARCEL 2,
S8932'21'E 153.00' (S8*3ZDU1-E, PM 1188)
NSB34'31'1 23.32'
SHEET 1 OF 2
i
N(m'30'E to, 00'
SCALE: I' = 50'
SHEET 2 OF 2
nn
5115 AYENIDA EN- sun% 'L' CARKSBAD, CIL 92008-4387 (619) 931-8700 23-iv
-. ..
All that portion of the southwest quarter of fractional Section 23, Tovnship 12 South, Range 4 West, San Bernardino Meridian, being Within the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows:
Begking at the Southeast corner of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as Pile No. 340334; thence westerly along the southerly line of said parcel, North 89'32'2l" West,
444.77 feet, (N89'32'01"W, PM 1288), to the westerly right-of-vay line of El Cadno Real, as sham on Record of Mey 14588,
recorded: June 30, 1994, as File No. 1994-414919, being the TRUE POINT OF BEGINNING; also being the beginning of a non-tangent
1545.00 foot radius me, concave southeasterly, having a radial bearing to said point of North 77'34'21* West; thence southerly along the arc of said me, through a central mgle of 10*50*4Iw,
a distance of 292.43 feet, to M intersection with a non-tangent
1205.00 foot radius curve, concave easterly, having a radial Searing to said point of South 86'34'09" West: thence no*erly along the arc of said curve, through a central angle of 8'48*37",
a distance of 185.29 feet, to an intersection vith a non-tangent
1558.00 foot radius we, concave easterly, having a raCial Searing to said poht of North 81'35'39" West; L'lence nomerly along the arc of said curve, through a central angle of 3'55'13", a distance of 106.60 feet, to the southerly line of said parcel; thence easterly along said soutberly line, South 89 . 3 2 ' 2 I" Zast ,
13.29 feet, to the TRUE POINT OF BEGZNNIXG.
Area: 2694.54 square feet
Cr:vilta-cl.ded) A
94-741
f
Ibe Samppakr Group 23-V
/ i A=S4J3'37 R=1203.00' L= 105-29'
/ I.\
ii i I/ I
SCU: 1' = 40'
EL CAMINO REAL DEDICAmON
SmTB 'L' CdRISBAD, C& 82008-4387 23-vi (619) 931-8706
.-.
All that portion of the southwest quarter of fractional Section 23, Township 12 South, Range 4 West, San Bernardino Meridhn, being vithin the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows:
Beginning at the Southeast corner of Parcel 2 of Parcel Map 1188,
recorded: December 20, 1972, as Pile No. 340334; thence westerly
along the southerly line of said parcel, North 89'32t21m West,
458.06 feet, (N89'32'01W, PW 1188), to a point being 13-00 feet
westerly and parallel vith the westerly right-of-way of El Camho Real, as shown on Record of Survey 14588, recorded: June 30, 1994, as File No. 1994-414939, being the TRUE POINT OF BEGINNING; also
being the beginning of a non-tangent 1558.00 foot radius curve,
concave southeasterly, having a radial bearing to said point of
North 77'40'26" West; tbence southerly along the arc of said me,
through a central angle of 1'58*46", a distance of 53.82 feet,
thence leaving said parallel line, Nom 41*17'59m West, 43.08
feet; thence North 87'42'4SW West, 18.06 Ceet, to CUe beginning of
a tangent 280.00 foot radius curve, concave southerly; thence
westerly along the arc of said -e, through a central angle of
1'49136w, a distance of 8.93 feet, to a point being 20.00 feet southerly of the southerly line of said parcel; thence westerly and parailel with said southerly line, North 89'32'21" West, 329.92 feet; thence North 0't7139w East, 20.00 feet, to an intersection
vith said southerly line; thence easterly along said southerly line, South 89'32'21" East, 395.74 feet, to the TRE PO1-T OF
BEGXNNING.
Area: 8461.61 square feet
94-1 41
c
Tbe SamppacII Group 234
SCALE: I' = 50'
NW27'3s'E 20.00'
5115 AVENIDA 13NCINAs SUrm 'C m. CA. 92008-4387 23-viii
All that portion of the southvest quarter of fractional Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, being
within the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows:
Beginning at the Southeast corner of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as Pile No. 340334: thence westerly along the southerly line of said parcel, North 89'32*2lU West,
352.64 feet, (N89'32'0lV, PM 1188), to the easterly right-of-vay line of El camino Real, as shown on Record of Survey 14588, recorded: June 30, 1994, as File No. -94-414919, behg the TRUE
POINT OF BEG-G; thence retracing along the southerly line of said parcel, South 89'32'21w East, 19.46 feet; thence leaving said lhe, South 13'02'32" West, 20.74 feet; thence North 76'5?'5Ow West, 18.94 feet, to an intersection With the easterly line of the
above described El Camino Real right-of-way, being an intersection with a 1455.00 foot radius me, concave southeasterly, having a raOial bearing to said point of Nom 77'28'13" West: thence nor?zherly along the arc of said me, through a central angle of
0'38'S9w, a distance of 16-50 feet, to the TRUE POINT OF BEGINNING,
Area: 353.51 square feet
-141
f
Tbe Samppakz Gmup
r.
#. ’- ,
F.
SCAU: I’ = 30’
--
-Y R0.W. OF EL CA.MIN0 REAL
SOuTHlwLY LINE OF ?ARCEL 2. PM 1188 - \li ’
5115 AVENIDA ENCINAS
CbRLSBdD, cd. 92008-4387
(619) 931-8700
SmRI -L- -
23-X