HomeMy WebLinkAbout1996-04-09; City Council; 13600; AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD (PUBLIC HEARING)J . _,* ,, < , i
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MTG, 4/09/96
CITY (PUBLIC HEARING) DEPT. ENG
CITY CONDEMNATION OF PROPERTY IN
THE CITY OF CARLSBAD
I RECOMMENDED ACTION:
Adopt Resolution No. 96- /2S3 authorizing and directing the condemnation of w easements adjacent to Alga Road north of Poinsettia Lane. I ITEM EXPLANATION:
As a condition of tentative map CT 92-02 (Sambi Seaside Heights), the deve required to improve a portion of Alga Road north of Poinsettia Lane which is off-si project to provide adequate access to the project.
On November 7, 1995, Council held a public hearing to condemn right-of-way fort
of Alga Road. Part of the work includes lowering a major water line which cro: proposed street. Now that detailed engineering has been completed, it h;
discovered that there will be a significant time period that the water line will b
service unless a by-pass line is built first. The by-pass (which will be permanent) two small additional easements which are the subject of this condemnation.
Offers of just compensation were presented to the owners of the two parcels, Mr.
and Bramalea California, Inc., and the offers were rejected. On March 14,
accordance with State law, notices of the public hearing were mailed to the owne
subject property.
The City is not required to consider the request of any person to be heard whc
make a wriien request to be heard on or before March 29, 1996 nor the reque!
person not an owner of an interest in the property being condemned. Adoptic
Resolution of Necessity requires a two-thirds vote and conclusively establishes the
contained therein (they cannot be contested in the court proceeding).
In Resolution No, 94-87 approving tentative map CT 92-02, the City Council ackno
that additional road easements and roads were required for the development C
(Sambi Seaside Heights). The two water line easements are required in order to c
the road. I FISCAL IMPACT:
The full purchase price for the easements, as well as all legal and court costs, wil
by the developer, Sambi Seaside Heights, LLC.
EXHIBITS:
1. Location map.
2. Notice of public hearing sent to Mr. & Mrs. Daljit Sarkaria dated March 14, 1
3. Notice of public hearing sent to Bramalea California, Inc., dated March 14, '
4. Resolution No. 9L .I A&' authorizing and directing the condemnation of ce property interests in the City of Carlsbad, State of California, and declaring tt
necessity therefor (parcel descriptions attached).
0 0
I LOCATION MAP
CITY OF OCEANSIPE
NOT TC SCALE SIT 7
PACIFIC 0CUNrn
CITY OF ENCINITAS
PROJECT NAME
ALGA ROAD CONDEMNATION
X? 9, ,"\< *lY crr .- * 'I& ,- rl r - -
0 0
ASARO. KEAGY, FREELAND & MCKINLEY
AnORNEYS AT UW PRANfi L. ASARO FOURTH FLOOR .REcEn
-0SCOL D. SEAGI
RICWARO R. FRET-AN0
STEVEN A. MSKINCLY
TIMOTHY M. 8ARRI
SHEILA M. LfONC FACSIMILE (619) -268
3170 POURTY AVCNUE
SPIN QILGO. CALIFORNIA 92103
TELEPHONE 16191 297-3170 MAR 15 d
f.YC!>!fES!t ~;p~*$yq :r
NOTICE OF PUBLlC HEARING TO ADOPT A RESOLUTlON OF NECESSll
March 14, 1996
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 Water Line Easement
Dear Mr. and Mrs. Sarkaria:
We have apparently reached an impasse in the negotia
relative to the acquisition of your property for the above-ent
project. It is necessary to resolve this matter as quick possible in a manner which is fair and equitable to both pax
agency to hear both sides of a controversy and to render deci to resolve our differences which, in this case, involves an OE of value. The procedure is called a "condemnationt* or "the of eminent domain. It It is the recommendation of our firm
condemnation proceedings be instituted to settle our control
The City of Carlsbad will hold a public hearing on Apl
1996, at 6:OO p.m. or as soon thereafter as the matter may be at the City Counsel Chambers located at 1200 Carlsbad V. Drive, Carlsbad, California. It is the intent of the Ci
Carlsbad to consider at that time the adoption of a Resolut.
The Superior Court of the County of San Diego provides an impt
EXHIBI
0 e
Mr. and Mrs. Daljit S. Sarkaria
March 14, 1996
Page 2
Necessity to authorize the condemnation of your property for Alga Road Water Line Easement Project.
Pursuant to California Code of Civil Procedure Sect
1245.235, each person whose property interests are to be acqui
by eminent domain has the right to appear and be heard at
hearing. The City of Carlsbad will determine whether (a) public interest and necessity require the project; (b) the proj
compatible with the greatest public good and the least prit
injury; and (c) the property sought to be acquired is necessary the pro j ect .
is planned or located in the manner that will be the n
If you wish to speak either for or against the issues wk are outlined above, you must file a written request within fift
(15) days from the date of this letter. Failure to file a writ
request- to appear and be heard in the office of the City Clerk
the City of Carlsbad within fifteen (15) days after the date t
Notice is mailed will result in waiver of the right to appear
be heard at the aforementioned hearing.
Your written request should be addressed to the followins
City Clerk City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Sambi Seaside Heights;
Alga Road Water Line Easement April 9, 1996 Hearing Date
Please feel free to call us should you have any questiom
Very truly yours,
GOi 7;ZKINLE
RICHARD R. FREELAND
cc: Ronald Ball
Richard Allen, Jr.
City Clerk
Kazupki Kawakita Robert A. Von Esch, Jr.
Paul J. Klukas
2
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ASARO, KEAGY. FREELAND 6 MCKINLEY
AVORNEYS AT LAW
FRANK L. ASARO
ROSCOL 0 KIZAGY
RICHARD R. FREELANO
STEVEN A. MCKINL6y
FOURTH FLOOR
3170 rouffrn AVCNUL
SAN OILGO. CALIFORNIA 92103
TELEPHONB (6191 297-3170 TIMOTHY M. 0ARRY
SHEILA M. LEONE FACSIMILE 16191 2-6s
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITI
March 14, 1996
Bramalea California Inc.
27432 Calle Arroyo
San Juan Capistrano, CA 92675
ATTN : Mr. Emile Haddad
Bramalea California Inc.
100 Bayview Circle Suite 2000
Newport Beach, CA 92660
RE: Sambi Seaside Heights;
Alga Road Water Line Easement
Dear Mr. Haddad:
We have apparently reached an impasse in the negotiat relative to the acquisition of your property for the above-enti
project. It is necessary to resolve this matter as quick1 possible in a manner which is fair and equitable to both part
The Superior Court of the County of San Diego provides an irnpar
agency to hear both sides of a controversy and to render decis
to resolve our differences which, in this case, involves an opj of value. The procedure is called a llcondemnation" or "the L
of eminent domain." It is the recommendation of our firm
condemnation proceedings be instituted to settle our controve
The City of Carlsbad will hold a public hearing on Apri
1996, at 6:OO p.m. or as soon thereafter as the matter may be 1
at the City Counsel Chambers located at 1200 Carlsbad Vi1
Drive, Carlsbad, California. It is the intent of the Cit
Carlsbad to consider at that time the adoption of a Resolutic
EXHIBI
0 0
Bramalea California Inc.
March 14, 1996
Page 2
Necessity to authorize the condemnation of your property for
Alga Road Water Line Easement Project.
Pursuant to California Code of Civil Procedure Sect
1245.235, each person whose property interests are to be acqui by eminent domain has the right to appear and be heard at hearing. The City of Carlsbad will determine whether (a)
public interest and necessity require the project; (b) the proj is planned or located in the manner that will be the m
compatible with the greatest public good and the least priv
injury; and (c) the property sought to be acquired is necessary
the project .
If you wish to speak either for or against the issues wh are outlined above, you must file a written request within fift
(15) days from the date of this letter. Failure to file a writ
request to appear and be heard in the office of the City Clerk
Notice is mailed will result in waiver of the right to appear be heard at the aforementioned hearing.
the City of Carlsbad within fifteen (15) days after the date t
Your written request should be addressed to the following
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
RE: Sambi Seaside Heights; Alga Road Water Line Easement
April 9, 1996 Hearing Date
Please feel free to call us should you have any questions
Very truly yours, AsAm;GY; FRR
RICHARD R. FREELAND cc: Ronald Ball
Richard Allen, Jr.
City Clerk Kazuyuki Kawakita Phil Green
Paul J. Klukas
William Steel
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RESOLUTION NO. 96-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD,
STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREFOR.
WHEREAS, the City Council of the Clty of Carlsbad has previously adopted
No. 94-87 approving with conditions Tentative Map CT 92-02, and requiring the d
provide offsite road easements and construct offsite roads within said easements in (
with the development of its property known and designated as Sambi Seaside Hei!
WHEREAS, the City of Carlsbad may exercise the right of eminent dorr
acquisition of real property interests therein for street and other purposes pursuant t
Government Code Sections 37350, 37350.5 and 37353; and
WHEREAS, the real property or interests therein sought to be acquired forth
project are located within the territorial limits of the Ctty of Carlsbad; and
WHEREAS, the real property or interests therein sought to be acquired are nc
the proposed project; and
WHEREAS, the City of Carlsbad has established the amounts which it believc
just compensation for the hereinafter described real property or interests therein sc
acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Ci
offered to the owners of said real property or interests therein the full amount establis
compensation for said real property or interest therein sought to be acquired; and
WHEREAS, the Cw of Carlsbad has provided said owners of said real
interests therein a written statement of and summary of the basis for the amount es
just compensation for the real property or interests therein sought to be acquired;
Ill
Ill
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WHEREAS, a reasonable length of time has expired since the date at the c
owners of the real property or interests therein sought to be acquired, and the owners I
to favorably respond to the offers of the amounts established by the Clty of Carlst
compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedur
1245.235, the owners of the real property of the interest therein sought to be acqu
names and addresses appear on the current equalized County Assessment Roll, haw
a Notice of Intention to Adopt a Condemnation Resolution, and have been provid
opportunity to appear and be heard on the matters referred to in California Cc
Procedure, Section 1240.030.
NOW, THEREFORE, be it resolved that the City Council of Carlsbad finds and (
and hereby declares that:
The public interest and necesslty require the proposed project.
The proposed project is planned and located in a manner which will be most
with the greatest public good and the least private injury.
The real property or interests therein, hereinafter described in this Res
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 propeQ
therein for the use and purposes of the proposed project is a public use and a us(
by law.
The public interest and necessity require that the property or interests thereil
described in this Resolution, be taken.
BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of A.
Freeland & McKinley (hereinafter "special counsel") be, and is, authorized and emF
directed in the name of the City of Carlsbad to acquire by donation, purchase, or cc
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in accordance with the provisions of the Code of Civil Procedure of the Sate of Califor
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
proper court having jurisdiction thereof as are necessary to condemn, take, and a1
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 c
be deposited as securii for the payment of the just compensation which will be rn
taking of the real property or any part thereof, or interests therein necessary for thc
project and any damage incident thereto, and to make application to said court fl
permitting the Ci of Carlsbad to take immediate possession of and to use said real p
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 Carlsk
of San Diego, State of California, and is more particularly described in the parcel c
attached hereto and marked Exhibit “N.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
held on the 9th day of APRIL , 1996 by the following vote, to
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN (SEAL)
~
e 0 95-101:
02/20/ REVISED 11/29, CMWD 89-E
EXHIBIT "A"
30' WATER EASEMENT
APN 214-140-42
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED
FOLLOWS :
PARCEL D
COMMENCING AT THE SOUTIIEAST CORNER OF SECTION 21, TOWNSIIIP
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE, ALONG
EAST LINE OF SAID SECTION 21 NORTH 00°33'30" EAST 493.39 FE
THENCE, SOUTH 66O26'15" WEST, 3.57 FEET TO THE TRUE POINT
BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE
FUTURE ALGA ROAD, THENCE CONTINUING SOUTH 66O26'15" WEST, 38
FEET; THENCE SOUTH 21O26'15" WEST 23.78 FEET TO A POINT ON
NORTHERLY LINE OF A 30 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICI
WATER DISTRICT, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116511
BOOK 7174, PAGE 308 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHE
LINE OF SAID EASEMENT AND ALONG A NON-TANGENT 1096.23 FOOT RAT
CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS SC
24O56'14" EAST; THENCE, WESTERLY ALONG THE ARC OF SAID CL
THROUGH A CENTRAL ANGLE OF 02O19'22" A DISTANCE OF 44.44 FEET;
RADIAL TO SAID POINT BEARS SOUTH 24O56'14" EAST; THENCE, NC
21°26'15" EAST, 68.99 FEET; THENCE, NORTH 66O26'15" EAST 56.03 E
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA RC
THENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA RC
AND ALONG A NON-TANGENT 1349 FOOT RADIUS CURVE CONCAVE TO
SOUTHWEST THE RADIAL TO SAID POINT BEARS SOUTH 74O53' 10" WI
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE
00°23'30" A DISTANCE OF 9.22 FEET; THENCE SOUTH 14°43'20" I
21.13 FEET TO THE TRUE POINT OF BEGINNING. .." ~ . -- ,. .. -.
P ., ,
:' ~. )i Ls*>j;l L.i
AREA = 2,810.4 SF = 0.065+ AC
F:\WP\95-1017\LEGALS\WATER.002
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is b tip. J131il)i
m 1-1 DENOTES WATER MEMN - - EASEMENT LINE
- CENTERLINE "
PROPOSED ROW DEDICATION
PORTION OF THE SE. 1/4 OF
~F"~W ..................
............. .............
............. . . , , , . , , . , . , . .
""""_
** 7220 henid Exinas Civil Enpinminq nosxE
Carlsbod. California 92009 Proc*nanq ~t* 20+ Planntng 30' WIDE WATER EASEMENT
Far:619-931-8W
619-951-7700 SUNW-
SHT. 1 0
C.M.W.D. 89-504 A.P.N. 3
REQUESTED BY: CllY OF CARLSBAD 2075 US PALMAS DRM O(HIE#T "Er PATRICG. O'DAY CARLSBAD, CA 92009 2/*7/g
_PHONE: (619) 438-1161 DATE - R.C.E. 2721 4 MP. 3/31/97
nntr 3/77/M K- q~.m DP 11 nnc-c\ ,ncedctnthm 111 w
0 e 95-101'
02/20, REVISED 11/29, CMWD 89"
EXHIBIT riA1l
30' WATER EASEMENT
APN 215-070-12
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF '
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WE
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THERE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL D
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 22, TOWNSHIP
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE, NC
00°33'30" EAST 493.39 FEET; THENCE NORTH 66O26'15" EAST 99.65 F
TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EASTE
RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD, THENCE, ALONG SAID EASTE
RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD NORTH 14°43'20" WEST, E
FEET TO A POINT OF TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE TO
WEST; THE RADIAL TO SAID POINT BEARS SOUTH 75O16'40" WEST; THE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
00°59'22" A DISTANCE OF 25.06 FEET; THE RADIAL TO SAID POINT BE
SOUTH 74O17'18" WEST; THENCE, NORTH 66O26'15" EAST 53.85 FE
THENCE NORTH 68 O33 ' 58" EAST 65.76 FEET TO A POINT ON THE NORTHE
LINE OF A 30 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICIPAL WI
DISTRICT, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116511 IN I
7174, PAGE 308 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY 1
OF SAID EASEMENT SOUTH 66O26'15" WEST 42.43 FEET; THENCE, N(
68O33'58" WEST 23.34 FEET, THENCE SOUTH 66O26'15" WEST 45.87 I
TO THE TRUE POINT OF BEGINNING.
AREA = 2,830.75 SF = 0.065+ AC
F:\WP\95-1017\LEGALS\WATER.W1
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Cxp. J;? b$&
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/,-/ . . . . . . . , . . . , , , . . . O[wKS WATER W[M[N
-EASEMENT LINE
PROPOSED ROW DEDlCATlON
T.A.P. 215-070-12
E. UNE PARCEL A
7t20 Avrnid &$e- Civil Engnnrinq
619-931-TloO Surwynq
Cotistad. Colilomio 92009 Pmcrumq Uanninq 30' WIDE WATER EASEMENT
Fo~619-931-64CIO SHT. 1 0
REQUESTED BY:
PREPARjqiZ ~=~~~ CrrY OF CARLSBAD 2075 LAS PAW DRIVE CkW,D, 89-509
CARSBAD, CA 92009
, DATE - R.C.E. 2721 EXP. 3/31/97 PHONE: (619) 438-1 161 EXHIBIT 'B PATRIC N. O'DAY
A.P.N. y q
x
I
April 19, 1996
Attention: Richard R. Freeland Asaro, Keagy, Freeland & McKinley
3170 Fourth Avenue, Fourth Floor San Diego, CA 92103
Re: Condemnation of Property in the City of Carlsbad
The Carlsbad City Council, at its meeting of April 9, 199(
adopted Resolution No. 96-128, authorizing and directing tl
condemnation of water line easements adjacent to Alga Road nor’ of Poinsettia Lane.
Enclosed are two certified copies of Resolution No. 96-128 i requested.
&-LC Assistant Cit C erk
KRR: ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E