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HomeMy WebLinkAbout1995-11-07; City Council; 13379; Condemnation of Property for Alga RoadC’T OF CARLSBAD - AGE- AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD IECOMMENDED ACTION: Adopt Resolution No. 95-?/g authorizing and directing the condemnation of road easements for Alga Road north of Poinsettia Lane. ITEM EXPLANATION: As a condition of tentative map CT 92-02 (Sambi Seaside Heights), the developer is required to improve a portion of Alga Road north of Poinsettia Lane which is off-site to the project to provide adequate access to the project. The owners of the off-site property, Mr. Sarkaria and Bramalea California, Inc. were presented just compensation offers by Sambi Seaside Heights and rejected them. A final offer based upon an independent appraisal of the property was mailed to the owners on October 9, 1995. This offer was presented by the firm of Asaro, Keagy, Freeland and McKinley on behatf of the City. These offers were rejected. In accordance with State law, the City has given notice of this public hearing to the owners of the subject property. The Crty is not required to consider the request of any person to be heard who did not make a written request to be heard on or before October 25, 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. 94-87 approving tentative map CT 92-02, the City Council acknowledged that additional road easements and roads were required for the development CT 92-02 (Sambi Seaside Heights). 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, Sambi Seaside Heights, LLC. EXHIBITS: 1. Location map. 2. Offer of Just Compensation sent to Mr. & Mrs. Daljit Sarkaria dated October 9, 1995 with summary appraisal and drawing of right-of-way attached. 3. Offer of Just Compensation sent to Bramalea California, Inc. dated October 9, 1995 with summary appraisal and drawing of right-of-way attached. 4. Notices of Public Hearing to Adopt a Resolution of Necessity. 5. Resolution No. 9 5 -3/8 authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, and declaring the public necessity therefor. \ NOT TO SCALE a FRANK L. ASARO aoscoc 0. KLAGY RICHARD R. FRECLAND STEVEN A. MCKINLLY TIMOTHY M. aARRY SHEILA M. LCONL ASARO. KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN OILGO. CALIFORNIA 92103 TELEPHONE (6191 297-3170 FACSIMILE me) ~99-426~ October 9, 1995 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5986 Orange, CA 92613 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92613 Re: Sambi Seaside Heights; Alga Road Right of Way and Slope Dear Mr. and Mrs. Sarkaria: Our firm represents the City of Carlsbad regarding the acquisition of property from you for the right of way for Alga Road and other purposes. The property sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase approximately 2.659 acres of your property consisting of 1.51 1 acres of right of way and 1.148 acres of slope as an easement area, subject to the approval of the City Council of the City of Carlsbad. 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 and encumbrances. The purchase price offered is $30,700.00, which is based upon an independent appraisal of the property made by a qualified appraiser in San Diego County. The appraisal was based upon tfie fair market value of the property for its highest and best use. Attached hereto is an Appraisal Summary Statement setting forth the rights to be acquired and the value thereof as determined by our appraiser. If this offer is acceptable to you, please communicate with our office and we will make arrangements to open an escrow with Continental Lawyers Title Company to handle this transaction. 3 Mr. and Mrs. Daljit S. Sarkaria Page 2 October 9, 1995 The City of Carlsbad has made every effort to establish a fair price for the required property and property interests. The appraiser's figures reflect his 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 considering required dedications and improvements, and other indicators of value. We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today's date. Because of the urgent need for the right of way, we are also by separate cover sending a notice to adopt a resolution of necessity. If we are unable to acquire the property by negotiation, the City intends to go forward with the hearing. If you desire to schedule a meeting to discuss this matter, please contact our office. Thank you for your consideration. Very truly yours, Am-, WGY, n FREEMND & MCKINLEY , Frank L. Asaro FWmad Encs. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita Y APPRAISAL SUMMARY STATEMENT OWNERS: Daljit S. & Elaine Sarkaria PROJECT: Sambi Seaside Heights: Alga Road Right of Way & Slope PROPERTY LOCATION: The property which is the subject of this Statement is located north of intersection of proposed Poinsettia Lane, Carlsbad, San Diego, California. PRESENT USE: Vacant ZONE: LC, General Plan is RLM TOTAL PROPERTY: 20.17 Acres HIGHEST AND BEST USE: Residential Development AREA TO BE ACQUIRED: Right of Way: 1.511 Acres Easement Area: 1.148 Acres Slope Area Market Value of Required Property is $30,600.00 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 $100.00. Special benefits to the remaining property as a result of the project is $-O-. Total Payment is $30,700.00 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. \ ‘\’ \ I SHEET 1 OF 2 SHEETS 0-12 Jrn APN 215-642-36 Avlrsu Parc%l t4 94-121 The Samppalu Group ADDENDA - b FRANK L. ASARO ROSCOE 0. KEAGY RICHARD R. FRLCLANO STEVEN A. MCKINLEY TIMOTHY M. BARRY SHClLA M. LEONE ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE. SAN OILGO. CALIFORNIA 92103 T€LC PHONE (6191 897-3170 FACSIMILE (6191 -868 October 9, 1995 Bramalea California Inc. Attention Mr. Emile Haddad 27432 Calle Arroyo San Juan Capistrano, CA 92675 Bramalea California Inc. 100 Bayview Circle Suite 2000 Newport Beach, CA 92660 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Slope Easements Dear Mr. Haddad: Our firm represents the City of Carlsbad regarding the acquisition of property from you for the right of way for Alga Road and other purposes. The property sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase approximately 2.5 acres of your property consisting of 1.5 acres of right of way and 1 acre of easement area, subject to the approval of the City Council of the City of Carlsbad. 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 and encumbrances. The purchase price offered is $31,250.00, 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. Attached hereto is an Appraisal Summary Statement setting forth the rights to be acquired and the value thereof as determined by our appraiser. If this offer is acceptable to you, please communicate with our office and we will make arrangements to open an escrow with Continental Lawyers Title Company to handle this transaction. EXHIBIT 3 7 - Bramalea California Inc. Page 2 October 9, 1995 The City of Carlsbad has made every effort to establish a fair price for the required property and property interests. The appraiser’s figures reflect his 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 considering required dedications and improvements, and other indicators of value. We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today’s date. Because of the urgent need for the right of way, we are also by separate cover sending a notice to adopt a resolution of necessity. If we are unable to acquire the property by negotiation, the City intends to go forward with the hearing. If you desire to schedule a meeting to discuss this matter, please contact our office. Thank you for your consideration. Very truly yours, 0, KEAGY, FREELAND & MCKINLEY n/d 0 - Frank L. Asaro FWmad Encs. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita APPRAISAL SUMMARY STATEMENT OWNER: Bramalea California Inc. PROJECT: Sambi Seaside Heights; Alga Road Right of Way & Slope Easement PROPERTY LOCATION: The property which is the subject of this Statement is adjacent to the proposed Alga Road Extension, City of Carlsbad, County of San Diego, California. PRESENT USE: Vacant ZONE: TOTAL PROPERTY: 66.57 Acres HIGHEST AND BEST USE: RDM-Q & R1-10,000; General Plan is RM & RLM Residential Development ,- AREA TO BE ACQUIRED: Right of Way: 1.5 Acres Easement Area: 1 .O Acres Market Value of Required Property is $31,250.00 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 $-0-. Total Payment 'is $31,250.00 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. J 1 ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DICGO. CALIFORNIA 92103 TfLEPHONL IQI9t 297-3170 FACSIMILE 16191 2994268 October 9, 1995 FRANK L. ASARO ROSCOE 0. KEAGY RICUARO R. FREELANO STEVEN A. MCKINLEY TIMOTHY M. eARRY SHEILA M. LEONE NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5986 Orange, CA 92613 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92613 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Slope Easements Dear Mr. and Mrs. Sarkaria: We have previously notified you of the City's offer to acquire by negotiation the real property interests identified in the attached plat. A copy of the plat depicting the property sought to be acquired is enclosed. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." it is the recommendation of our firm that condemnation proceedings be instituted to settle this controversy. The City of Carlsbad will hold a public hearing on November 7, 1995, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, 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 the County's property for the construction of the Alga Road right of way and slope easements. Page 2 October 9, 1995 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 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 after the date this Notice is mailed will resulting 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 Carlsbad Village Drive Carlsbad, CA 92008 Re: Alga Road Right of Way and Slope Easements If you have any questions, please feel free to call. Very truly yours, Frank L. Asaro FWmad Enc. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita ASARO. KEAGY, FREELAND & MCKINLEY ATTORNEYS AT UW FOURTH FLOOR 3170 FOURTH AVLNUC SAN DILGO. CALIFORNIA 98103 TCLLCHONL 1619) 297-3170 FACSIMILE l6lSl 20-260 FRANK L. ASARO ROSCOC 0. KCAGY RICHARD R. CRCCLANO STEVEN A. MCKINLLY TIMOTHY M. BARRY SHEILA M. LCONC October 9, 1995 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY Bramalea California Inc. Attention Mr. Emile Haddad 27432 Calle Arroyo San Juan Capistrano, CA 92675 Bramalea California Inc. 100 Bayview Circle Suite 2000 Newport Beach, CA 92660 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Slope Easements Dear Mr. Haddad: We have previously notified you of the City's offer to acquire by negotiation the real property interests identified in the attached plat. A copy of the plat depicting the property sought to be acquired is enclosed. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle this controversy. The City of Carlsbad will hold a public hearing on November 7, 1995, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, 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 the County's property for the construction of the Alga Road right of way and slope easements. 4 Page 2 October 9, 1995 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 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 (15) days after the date this Notice is mailed will resulting 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 Carlsbad Village Drive Carlsbad, CA 92008 Re: Alga Road Right of Way and Slope Easements If you have any questions, please feel free to call. Very truly yours, WRO, KEAGY, FREELAND & McKlNLEY Frank L. Asaro FWmad Enc. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 offered to the owners of said real property or interests therein the full amount established as just RESOLUTION NO. 95-318 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 of Carlsbad has provided said owners of said real property or WHEREAS, the City Council of the City of Carlsbad has previously adopted Resolution interests therein a written statement of and summary of the basis for the amount established as No. 94-87 approving with conditions Tentative Map CT 92-02, 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 Sambi Seaside Heights; 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 Government 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 Carlsbad; and WHEREAS, the real property or interests therein sought to be acquired are necessary foi 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 bc acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad ha3 compensation for said real property or interest therein sought to be acquired; and just compensation for the real property or interests therein sought to be acquired; and /// iil EXHIBIT 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _- 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: r 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 necessw. 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, (I. - 1 i ? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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 and 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 City of Carlsbad,-County of San Diego, State of California, and is more particularly described in the parcel descriptions attached hereto and marked Exhibit "A". PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of NOV*EMBER , 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: RAUTENKRANZ, City Clerk EXHIBIT A The legal descriptions for the required property are on file in the Engineering Department. c CRANK L. ASARO ROSCOE 0. KCAGY RlCUARO R. CRLCLANO STLVLN A. MCKINLCY TIMOTHY M. 8ARRI SHEILA M. LLONL ASARO. KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH CLOOR 3170 COURTU AVLNUC SAN OICGO. CAUCOWNIA 92103 TLLLPHONL 1610) 297-3170 CACSlMlLL (619) ww October 9, 1995 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY Bramalea California Inc. Attention Mr. Emile Haddad 27432 Calle Arroyo San Juan Capistrano, CA 92675 Bramalea California Inc. 100 Bayview Circle Suite 2000 Newport Beach, CA 92660 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Siope Easements Dear Mr. Haddad: We have previously notified you of the City's offer to acquire by negotiation the real property interests identified in the attached plat. A copy of the plat depicting the property sought to be acquired is enclosed. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value, The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle this cptroversy. The City of Carlsbad will hold a public hearing on November 7, 1995, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, 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 the County's property for the construction of the Alga Road right of way and slope easements. Page 2 October 9, 1995 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 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 (1 5) days after the date this Notice is mailed will resulting 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 Carlsbad Village Drive Carlsbad, CA 92008 Re: Alga Road Right of Way and Slope Easements If you have any questions, please feel free to call. Very truly yours, MRO, KEAGY, FRHLAND & McKlNLEY Frank L. Asaro FWmad Enc. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita LL I: I. I' I I I I 1 I I I I 1 0. i / / 1. / 3- 'c ..a. ' c t FRANK L. ASARO ROSCOC 0. KLAGY RICHARO R. FRCLLANO STEVCN A. MCKINLCY TlMOTHY M. 8ARRY SHEILA M. LEONE ASARO. KEAGY, FREELANO & MCKINLEY ATTORNEYS AT LAW FOURTU FLOOR 1170 FOURTU AVCNUE SAN DICGO. CALIFORNIA SL103 TELEPHONE mat -7-3170 FACSIMILE. isin) -sa October 9, 1995 Bramalea California Inc. Attention Mr. Emile Haddad 27432 Calle Arroyo San Juan Capistrano, CA 92675 Bramalea California Inc. 100 Bayview Circle Suite 2000 Newport Beach, CA 92660 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Slope Easements Dear Mr. Haddad: Our firm represents the City of Carlsbad regarding the acquisition of property from you for the right of way for Alga Road and other purposes. The property sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase approximately 2.5 acres of your property consisting of 1.5 acres of right of way and 1 acre of easement area, subject to the approval of the City Council of the City of Carlsbad. 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 and encumbrances. The purchase price offered is $31,250.00, which is based upon an independent appraisal of the property made by a qualified appraiser in San Oiego County. The appraisal was based upon the fair market value of the property for its highest and best use. Attached hereto is an Appraisal Summary Statement setting forth :he rights to be acquired and the value thereof as determined by our appraiser. If this offer is acceptable to you, please communicate with our office and we will make arrangements to open an escrow with Continental Lawyers Title Company to handle this transaction. 1 Bramalea California Inc. Page 2 October 9, 1995 The City of Carlsbad has made every effort to establish a fair price for the required property and property interests. The appraiser’s figures reflect his 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 considering required dedications and improvements, and other indicators of value. ,We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today’s date. Because of the urgent need for the right of way, we are also by separate cover sending a notice to adopt a resolution of necessity. If we are unable to acquire the property by negotiation, the City intends to go forward with the hearing. If you desire to schedule a meeting to discuss this matter, please contact our office. Thank you for your consideration. Very truly yours, 0, KEAGY, FREELAND & MCKINLEY n/d 0 - Frank L. Asaro F Wmad Encs. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita .- . I . APPRAISAL SUMMARY STATEMENT OWNER: Bramalea California Inc. PROJECT: Sambi Seaside Heights; Alga Road Right of Way & Slope Easement PROPERTY LOCATION: The property which is the subject of this Statement is adjacent to the proposed Alga Road Extension, City of Carlsbad, County of San Diego, California. PRESENT USE: Vacant ZONE: RDM-Q & R1-10,000; General Plan is RM & RLM TOTAL PROPERTY: 66.57 Acres HIGHEST AND BEST USE: Residential Development AREA TO BE ACQUIRED: Right of Way: 1.5 Acres Easement Area: 1 .O Acres Market Value of Required Property is $31,250.00 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 $-O-. Special benefits to the remaining property as a result of the project is $-0-. Total Payment is $31,250.00 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. FRANK L. ASARO ROSCOE 0. KCAOY RICUARO R. FRCCLAND STEVEN A. MCKINLLY TIMOTHI M. EARRY SHEILA M. LLONC ASARO, KEAGY. FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN OICOO. CALIFORNIA 02103 TELCPHONL ma) -7-3110 FACSIMILE (61~1 ze9-4zse October 9, 1995 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5986 Orange, CA 92613 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92613 Re: Sambi Seaside Heights Offsites; Alga Road Right of Way and Slope Easements Dear Mr. and Mrs. Sarkaria: We have previously notified you of the City's offer to acquire by negotiation the real property interests identified in the attached plat. A copy of the plat depicting the property sought to be acquired is enclosed. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle this controversy. The City of Carlsbad will hold a public hearing on November 7, 1995, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, 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 the County's property for the construction of the Alga Road right of way and slope easements. i Page 2 October 9, 1995 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 interest and necesstty 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 resulting 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 Carlsbad Village Drive Carlsbad, CA 92008 Re: Alga Road Right of Way and Slope Easements If you have any questions, please feel free to call. Very truly yours, ASAYO, EAGY, FREELAND & McKlNLEY (//b n Frank L. Asaro FWmad Enc. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita MARINER 'S POINT ETS .- I- 12 AM ParalC5 APN 215-642-36 94-1 21 Right-of-way Plan Tbe Samppaka Group ADDENDA CRANK L. ASARO ROSCOE 0. KCAOY RICHARD R. CRCCLAND STCVCN A. MCKINLCY TIMOTHY M. OARRY SHEILA M. LEONE ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVLNUC SAN DIL00. CALIFORNIA 92103 TLLCPYONC 1619) 297-3170 FACSIMILL (6191 2-68 October 9, 1995 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5986 Orange, CA 92613 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92613 Re: Sambi Seaside Heights; Alga Road Right of Way and Slope Dear Mr. and Mrs. Sarkaria: Our firm represents the City of Carlsbad regarding the acquisition of property from you for the right of way for Alga Road and other purposes. The property sought to be acquired is depicted on the plat attached hereto as Exhibit A. The purpose of this letter is to present a written offer from the City of Carlsbad to purchase approximately 2.659 acres of your property consisting of 1.51 1 acres of right of way and 1.148 acres of slope as an easement area, subject to the approval of the City Council of the City of Carlsbad. 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 and encumbrances. The purchase price offered is $30,700.00, 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. Attached hereto is an Appraisal Summary Statement setting forth the rights to be acquired and the value thereof as determined by our appraiser. If this offer-is acceptable to you, please communicate with our office and we will make arrangements to open an escrow with Continental Lawyers Title Company to handle this transaction. 1. I >p Mr. and Mrs. Daljit S. Sarkaria Page 2 October 9, 1995 The City of Carlsbad has made every effort to establish a fair price for the required property and property interests. The appraiser's figures reflect his 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 considering required dedications and improvements, and other indicators of value. We would appreciate it if you would review the enclosed information and Offer to Purchase, and communicate with our office no later than 10 days from today's date. Because of the urgent need for the right of way, we are also by separate cover sending a notice to adopt a resolution of necessity. If we are unable to acquire the property by negotiation, the City intends to go fonrvard with the hearing. If you desire to schedule a meeting to discuss this matter, please contact our office. Thank you for your consideration. Very truly yours, i , A8aR FRJJAJAMCKINLE~ Frank L. Asaro FWmad Encs. cc Mr. Ronald Ball Mr. Richard Allen, Jr. Mr. Paul J. Kulkas Mr. Kazuyuki Kawakita :€ AFN 215-370-13 SCHINOLER Parcel +I - m TS - 12 APN 215-642-36 Avwu Parce1#4 94-121 Tbe Samppala Group -.L 8 ADDENDA APPRAISAL SUMMARY STATEMENT OWNERS: Daljit S. & Elaine Sarkaria PROJECT: Sambi Seaside Heights; Alga Road Right of Way & Slope PROPERTY LOCATION: The property which is the subject of this Statement is located north of intersection of proposed Poinsettia Lane, Carlsbad, San Diego, California. PRESENT USE: Vacant ZONE: LC, General Plan is RLM TOTAL PROPERTY: 20.17 Acres HIGHEST AND BEST USE: Residential Development AREA TO BE ACQUIRED: Right of Way: 1.51 1 Acres Easement Area: 1.148 Acres Slope Area Market Value of Required Property is $30,600.00 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 $100.00. Speeial benefrts to the remaining property as a result of the project is $-0-. Total Payment is $30,700.00 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.