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.
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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
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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
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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
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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: 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,
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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 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
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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.