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HomeMy WebLinkAbout1996-04-09; City Council; 13600; AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY IN THE CITY OF CARLSBAD (PUBLIC HEARING)J . _,* ,, < , i .- a2 a# 2 2 0 F 0 a b -I z 3 0 0 Cw OF CARLSBAD - AGEWA BILL /<',:I $2 I I _L I AB #' ~w I TITLE: AUTHORIZING AND DIRECTING THE I DEP~ 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 0 0 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 2 . .! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 0 0 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 $ f 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 0 e 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 ~ 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 * a 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 (3fl .7 - \ 47E 0; CL' r4 k \z \ No. 2724 1- 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 .. .. ,..+,;$ 3.- I .. '&' b i 2:j I i." ~ ];y \2 ( No. 27 Cxp. J;? b$& s' /,-/ . . . . . . . , . . . , , , . . . O[wKS WATER W[M[N -EASEMENT LINE PROPOSED ROW DEDlCATlON T.A.P. 215-070-12 E. UNE PARCEL A 7t20 Avrnid &$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