HomeMy WebLinkAbout1996-09-10; City Council; 13799; AGREEMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-32A0 CITY OF CARLSBAD -AGENDA BILL 0 C’
OF CERTAIN EASEMENTS FOR STREET AND
OTHER PURPOSES AS REQUIRED FOR
RECOMMENDED ACTION:
ITEM EXPLANATION:
As a Condition of Approval of Tentative Map CT 84-32(A), the subdivider is requ
right-of-way and construct Aviara Parkway (formerly College Boulevard) south of P:
Woad to the future intersection of Cobblestone Road, which is offsite from 1
subdivision.
The subdivider has contacted the two property owners from whom easements
Negotiations are pending with one owner (Kelly). The subdivider has made a gooc the other owner (Ukegawa) as outlined in the attached letter dated July 8, 1996. T
refused the offer.
The subdivider has requested that the City begin condemnation proceedings.
subdivider shall pay all expenses required to acquire the easements. Shou
necessary to acquire a condemnation attorney for the Kelly property, one coulc
under the terms of this agreement as well.
The City Attorney’s office has selected Dick Freeland of the law firm of Asaro, Kea$
McKinley as special counsel for this project. This firm was previously approve1
Council to perform eminent domain and condemnation work under Resolution 96-
agreement the subdivider has signed, the City will hire a condemnation attorney
FISCAL IMPACT:
The hourly rate for special counsel is $150. All costs of the acquisition will bc
subdivider.
a y 6
Letter dated July 8, 1996 (including three attachments) from the subdivider I
City’s assistance in acquiring the easements.
Resolution No.‘?; ;t i accepting an agreement regarding the acquisi
easements for street and other purposes as required for Subdivision CT 83
Agreement between the City of Carlsbad and Pac West Group, Inc.,
acquisition of certain easements for street and other purposes as required f
E EL gab, 4 -.
z G c CT 84-32(A). 0
4 u 2 2 0 0
4.
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Exhibit 2 0 0 -1
-Wet Group, Inc.
July 8, 1996 CEI\TdD
JUL 0 9 8996
City Engineer ENG\NEEE\S’iG
- VIAJZj3JFEDEFMI=,EXPRESS
Mr. Lloyd Hubbs
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009
Dear Mr. Hubbs:
As a condition of approval of Tentative Map 84-324 PacWest is required to obtain right-c
and construct Alga Road (formerly College Boulevard), south of Palomar Airport Road
fbture intersection of Cobblestone Road. A portion of this road passes through property (
by Mr. James Ukegawa.
On April 25, 1996, a formal offer (Attachment 1) was made to acquire the required right-c
from Mr. Ukegawa. The offer deadline was verbally extended to allow additional tin
consideration since Mr. Pete Mackauf, Mr. Ukegawa’s representative, indicated that he h
fully reviewed the offer.
On May 28, 1996, I met with Mr. Mackauf and restated our offer verbally and in 7
(Attachment 2). At that time, he indicated that he had questions about the adequacy of
and other issues that he needed to discuss with the City.
On June 13, 1996, I met with Mi. Mackauf at the City of Carlsbad’s offices, along with
Hauser of your office. As a possible solution to Mr. Mackauf s concerns, PacWest propo
amended access plan, including a two-way ramp west of Alga at “A” Street, and an adc
ramp east of Alga (Attachment 3). I reiterated PacWest’s offer of $60,000 for the right-c
and associated slopes. The revised access plan included slightly more land but pr
considerably better access to Alga and Palomar Airport Road.
On June 27, 1996, I received verbal rejection of our offer from Mr. Mackauf.
PacWest has made a good faith effort to purchase the right of way from Mr. Ukegawa ti
Mr. Mackauf. This effort has been unsuccessful. Therefore, in order to allow us to proc
final our map in a timely manner, it is requested that the City proceed to acquire the pi
through the condemnation process.
DEPARThIEN’I
550 West C Street, Suite 1750
San Diego, <:A 92101
(619) 544-9100
(619) 544-0646 FAX
0 0 -2
Mr. Lloyd Hubbs
July 8, 1996
Page Two
I am enclosing a copy of our M.A.I. appraisal and the letter update conducted by the Sam
Group and am prepared to post the deposits required by the City to initiate the condemn
process.
Please advise us of the City’s willingness to proceed with acquisition of the right of way at
earliest convenience so that we can remit the required deposits or request relief from the conc
of approval.
Thank you for your consideration.
Sincerely,
PACWEST GROUP, INC.
-I)
Samuel M. Holty
Vice President
SMH: tj
365. smh
Attachments
cc: Jack Henthorn
1)
0 ATTACHMENT 1 0 -*
PacWest Group, hc.
May 28, 1996
Mr. Pete Mackauf
6 145 Laurel Tree Lane
Carlsbad, CA 92009
RE: ALGA ROAD RIGHT-OF-WAY
Dear Pete:
Thank you for taking the time this morning to meet with Jack Henthorn and me on your p
At that meeting, I reiterated PacWest's offer to purchase the Alga Road right-of-way o
property for $60,000 which is substantially above its appraised value of $49,200. I also 1
our desire to proceed rapidly on the acquisition of right-of-way for Alga.
YOU affirmed that you would contact our appraiser by Wednesday, May 29, to di!
valuation of the right-of-way. You also affirmed that you would contact Mr. Wodjci
Hauser of the City of Carlsbad's Engineering Department to discuss engineering aspect:
Road through your property.
Our meeting concluded with you ,affirming that you would give us a conclusive indicatioi
acceptance or rejection of our offer to purchase the subject right-of-way for $60,000 b)
May 31, 1996.
Please understand that we are facing a critical time constraint of June 13, 1996. We IT
satisfied the conditions of approval for our project by that date. This letter will serve i
notice that this is the final offer PaLCWest will make to purchase the right-of-way. If no a:
to purchase the right-of-way is attained by May 31, 1996, we must explore other I
acquire the right-of-way.
I look forward to hearing from you by Friday, May 3 1
Sincerely,
PACWEST GROUP, INC. d,Y Samuel Vice Pi-esiden h4 I-Iolty '\ t
3 57 smh
cc Jack flenthorn
550 \I<,( c \crc,(. \,,,I< I-=,,,
k111 l)i(.go ( \ ')Llri{
(OI')! ?,I ill-I( I ','..
((>I')) 5" <>IOi!
0 ,ATTACHMENT 2 e -,
IbcWst Group, hc.
VIA CERTIFIEI April 25, 1996
Mr. Jams Ukegawa
6 145 Laurel Tree Lane
Carlsbad. CA 92009
RE:
Dcar Mr. Ukegalva:
This letter is ivritten in follow up to a lcttcr froin Mr. Jack Henthorn. our local represcntative, dated
1996.
shortly after sending the above-referenced letter, Mr. Henthorn provided various documents lo your reprc
Mr. Peter Mackauf. At Mr. Mackauf s request, we retained the civil engineering and survey firm of Hur Associates to stakc tlic curb line of tlic future road as it is proposed to cross your properly. Mr. Ma
notified wlien tliis \\.as completed so that he could inspect the physical location of the future roadway.
On April 2, 1996. Mr. Henthorn and I met nit11 Mr. Mackauf in his ofices in tlie packing facility locatc
property. Mr. Mackauf indicated that you had no interest in dedicating the land required for the futuri
and that you were not interested in participating in a private reimbursement agreement that would p
dedication and future reimbursement of improvement costs benefiting your properly.
As stated in tlie letter of March 1, 1996, ne inust proceed to record our Final Map in June. One oft
Carlsbad’s requirements related to this niap is tliat ive install Alga Road improvements between Palom
Road and the futurc location of Cobblestone Road. This necessitates crossing your property.
Subsequent to our inceting with Mr. Mackauf, \ye retained tlie Sainppala Group to perforin an M.A.I. a]
the right of way area on your property so that we could present a legitimate offer to purchase the area r
coinply with the City-required condition. The total land area required for right of way and slopes is appi
1.4 acres.
On the basis of the appraisal. an offer is hereby made to purchase the land area required to comply with 1
OFFER TO ACQUIRE RIGHT OF WAY FOR ALGA ROAD EXTENSION
Carlsbad’s rcquircincnt to construct Alga Road improvements for the ainouril of $6O.OOO.
A written rcsponse to this offer is requested b!. noon on Thursday, May 2: 1996, to allow time to prepare
documents and process funding requests. If a written response is not received by noon on May 2, 1996
decnled a refusal of this offer and we will proceed accordingly.
Please feel free to contact me at (619) 541-9 100 if you have any questions.
Sincerely,
PACWEST GROUP, 1NC. M-&& Sainucl M. Holr
Vice 1)rcsidcnr
3 30.511111
Sic1 \\<\I ( \II-~-<I \,III, I-<,,
\;#ti l)i<.pb. ( A <}L IO I
(610) 51.1 ‘)1(10
f0IOIitl Il(r,(,I \\
0 0 -. ’.
Mr. James Ukegawa
April 25, 1996
Page Two
CC: Midlael Holzmiller, Planning Dnrector / City of Carlsbad
David Hauser, Assistant Engineer / City of Carlsbad
Marty Orenyak, Community Development Director / City or Carlsbad
Pete Mackauf (via certified mail)
Ellen B. Spellman. Esq.
Jack Henthorn
ATTACHMENT 3
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RESOLUTION NO. 96-300
e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AN AGREEMENT
REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR
STREET AND OTHER PURPOSES AS REQUIRED FOR
SUBDIVISION CT 84-321A)
WHEREAS, Pac West Group, Inc. has submitted an agreement for the ac
street easements in the City of Carlsbad; and
WHEREAS, the City Clouncil of the City of Carlsbad has determined it to be .
interest to accept said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement from Pac West Group, Inc. regarding acquisitil
easements in the City of Carlsbad *which is on file with the City (
incorporated herein by reference, is accepted and the City Manager ar
are hereby authorized to execute said agreement thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
held on the 10th day of September , 1996 by the following vote, to wit:
’ AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: Council Member Finni
ATTEST:
c-\
e 0 Exhibit
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
PAC WEST GROUP, INC. REGARDING THE ACQUISITION OF
CERTAIN EASEMENTS FOR STREET AND OTHER
PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-32(A)
1996 by and between ,
Carlsbad, California, a municipal corporation (hereinafter called "City") and Pac M
Inc. (called "Subdivider"). RECITALS
VC This Agreement is made thisKday of .dw3w;f.
A. Subdivider is required as a condition of Resolution No. 93-206 of Citl
the City of Carlsbad, approving a one year Tentative Map extension request betwe
of Carlsbad and Carlsbad Land Investors to dedicate and provide certain improvem
Aviara Parkway (formerly College Boulevard) south of Palomar
Airport Road to the future intersection of Cobblestone Road.
The acquisition and development of Aviara Parkway as an off-site ir
for the subdivision is essential to provide needed public facilities for the subdivi
mitigate the public facilities burdens created by the subdivision.
B.
C. It is necessary that Subdivider secure said easement and install irn
thereon and in accordance with specifications of the City of Carlsbad.
D. Subdivider has been unable to acquire by a negotiated purchase t
easements for street and other purposes for the subdivision, and request that the (
the acquisition by exercise of the City's power of eminent domain.
E. This Agreement is authorized by and is entered into pursuant
20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Govemmen
NOW, THEREFORE, in consideration of the mutual covenants contained h
the recitals, it is mutually agreed by and between the parties as follows:
1. Subdivider agrees to pay for a qualified attorney or attorneys to pre
on behalf of the City all documents, pleadings and processes necessary to
required easements through an action in eminent domain. Said attorney Of :
either be associated with the City Attorney in the eminent domain procee
Page 1
H lWORMDOCSlEJ8AGREElPac Wed Grmp 1m A@ for stred IRrposes MJ da
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independently pursue the eminent domain action on behalf of the City, as the
discretion determines. The attorney or attorneys shall be hired by the City and af
the City Attorney.
2. Subdivider agrees to bear all expenses, costs, fees, and charges
attorneys', engineers, appraisers or other professional services fees incurred or
connection with the acquisition of the various property interests and the prepr
prosecution of the eminent domain proceeding, and City shall assume no responsib
amounts. There shall be no charge for City staff time associated with this project.
3. It is understood and agreed that even though the City is party plair
assume no financial responsibility in said eminent domain action and that
proceedings are required, outside counsel shall assume primary responsibility and
any actions, subject to any necessary approvals of the City. The City agrees to coc
assist in commencing and prosecuting said condemnation action in an expeditious
the purpose of completing same as soon as reasonably possible in accordance witt
laws.
4. Subdivider shall retain at its sole expense any appraiser, engin€
expert witness, as mutually agreed upon by Developer and City, to provide an!
appraisal, engineering or other information in a form suitable for use in connectic
condemnation proceedings. Any appraiser, engineer and other expert witness re
be paid directly by Subdivider. City shall assume no responsibility for such paymen
Subdivider shall upon demand pay ail amounts, plus interest, as re
result of any judgment or settlement in payment for easements to be acquired
assume no responsibility for said payments.
5.
6. The parties hereby agree to seek an order of immediate possessio1
property necessary for the improvements and facilities and related easements and
the legal procedures necessary therefor. The Subdivider shall be responsible foi
of funds, posting of security, or payment of any costs associated with the order (
Page 2
H IWORIXDOCS198AGRERPac Wed Gram Inc A# for Sf& RrpcKs MJ doc
0
possession. Funds for said payments shall be deposited with the City by Subdivic
initiation of eminent domain proceedings.
7. City retains the right to assume primary responsibility for the subject
any time and to prosecute it to completion with all costs, including attorneys' fees, t
by the Subdivider.
0. Prior to initiation of eminent domain proceedings, and prior to the
awarding of contracts for any work or improvements on the easement, Subdivider
sole expense, retain a competent appraiser to estimate the value of the easemer
one hundred ten percent (110%) of the estimated value with the City as a ca
deposit. The City may at its discretion, use this cash security deposit to satisf:
obligations created by this agreement. Subdivider acknowledges that the cost of
and other legal obligations of Subdivider may substantially exceed the estimated
acknowledges that it will pay all amounts due under this agreement, even if the i
exceeds the amount of the cash deposit.
9. It is understood that prior to the initiation of any eminent domain pro1
will be necessary for the City in its sole discretion to adopt a resolution of neces
acquisition of the property and to make the necessary findings as required by law.
to use due diligence in processing the matter to hearing before the City Council
ensure compliance with the time limits established by Section 20.16.095 of th
Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees
Ill
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Page 3
L! ~WORIVO-SW=AC~=RP.~ w+ mqm ,W M .nr stls ovncrv v n b
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failure by the City to comply with the time limits, however, shall not cause an invalid;
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this 23rd day of August , 1996.
SUBDIVIDER: CITY OF CARLSBAD, a
PAC WEST GROUP, INC.
(name of Subdivider
By: (sign yb+L ere)
President / PacWest Group, Inc.
(title and organization of signatory) -
f' , ,/' i I-[, By: lLd / I .--9
(sign hete) I
- \ i i,%. -r / -><,\,
(title and organization $ signatory)
(Proper notarial acknowledgement of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for cor
only one officer signs, the corporation must attach a resolution certified by the !
assistant secretary under corporate seal empowering that officer to bind the corpori
APPROVED AS TO FORM:
RONA
City rnQRdle torney
By:
City Attorney 5-/,/.--% -
Page 4
ti \WORMWCSMAGRERPac Wed Group IIX: A@ io( %red Fwses MJ doc
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State of California - IeriesaTuL -A
I c? 4 ‘ before me, (insert the name and tit 7 e of b
personally appeared &&ATL.t.i.zUs , personally know
proved to me on the basis of satisfactory evidence) to be the person(s) whose nai
subscribed to the within instrument and acknowledged to me that he/she/they e:
same in his/her/their authorized capacity(ies), and that by his/her/their signatur
instrument the person(s), or entity upon behalf of which the person(s) acted, e:
insttu ment.
ywm, TeresaJacoby $ h---
G $&-% Comm #lo18165 U,~~~~+~+J-NOTARY PUBLIC cALiFosN,,$ 2 <\yg&y SAN DIEGO COUNTY r) s--v-4 ‘A(< l ,u\* Cornm Expires Aprd 24 1998 A
WITNESS my hand and official seal
(SEAL)
Page 5
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