HomeMy WebLinkAbout1996-10-08; City Council; 13847; Rancho Carrillo Agreement For Easements1
I
44
ITEM EXPLANATION:
AB# /3,84 7 TITLE:
AGREEMENT TO ACQUIRE EASEMENTS
IN CONJUNCTION WITH RANCHO CARRILLO
MTG. 10-08-96 FOR STREETS, SLOPE, SEWER, ACCESS AND MITIGATION
DEPT. ENG
-
DEPT. HD.
T E Clm Am-
CITY MGR.
As a Condition of Approval of Rancho Carrillo Master Plan and Tentative Maps CT 93-04, CT 93-07,
and CT 93-08, the subdivider is required to secure various easements which are offsite from the
proposed subdivision.
The subdivider has contacted the owner and has made a good faith offer to purchase the required
easements. The owner has refused the offer.
The subdivider has requested that the City begin condemnation proceedings. Under the agreement
the subdivider has signed, the City will hire a condemnation attorney and subdivider shall pay all
expenses required to acquire the easements. The easements are all required for the subdivision to
construct and meet the conditions of approval.
FISCAL IMPACT:
All costs of the acquisition will be paid by the subdivider.
EXHIBITS:
1. Easement Map.
2. Location Map.
3. Letter dated August 26, 1996 from the subdivider requesting the City’s assistance in
acquiring the easements.
4. Resolution No. c) 6 - 3 3 approving an agreement regarding the acquisition of easements for street and other purposes.
5. Agreement between the City of Carlsbad and Continental Ranch, Inc., regarding the Acquisition of Certain Easements for Street and Other Purposes as Required for Subdivisions CT 93-04, CT 93-08, and CT 93-07.
- A
MENT MAP
EASEMENT TO CITY FOR SEWER 1 .Ol AC.
EASEMENT TO CITY FOR ACCESS 0.14 AC.
OFFSITE SEWER SLOPE EASEMENT 4.44 AC.
RIPARIAN MITIGATION OPEN SPACE EASEMENT 19.8 AC.
l l l + + l l + + +
EII +++** + + l l l EASEMENT TO CITY FOR EMBANKMENT FOR FUTURE EL FUERTE +**++
FUTURE
POINSETTIA LANE
EL FUERTE STREET
PROJECT NAME RANCH0 CARRILLO EXHIBIT 2
R,.... ua. bum q v. CrYlTT F”bbK r-r.Dl CE(br-l FMCIMFFl?ItdC rlFPT lY"l I L."l.", "r"ILLYr5" Ld,"II.LLI,II.Y VL. . .
LOCATION MA
NOT TO SCALE
PROJECT NAME RANCHO CARRILLO I
3
J . ,.\.1,, ..,, .-., E ‘, .,
- Exhibit 3
Continental Homes
12636 High Fkff Drive, Suite 300
San Diego, California 92130
(619) 793-2580
August 26,1996
Richard Allen, Jr.
Principal Civil Engineer
Engineering Department
City of Carlsbad
.(
.
Mam~) Fax (619) 793-2575
AU6 2.6 1996
2075 Las Palmas Drive
Carlsbad, CA 92009- 1576 ENG1NEERING DEPARTMENT .’
Subject: Acquisition of Offsite Easements on Bressi Property for the Ranch0 Carrillo
Project
Dear Richard:
There are a number of easements we are required to obtain from the Bressi Ranch in order to
complete the grading for our project. Acquisition of these easements is required due to
various conditions within Tentative Maps CT 93-04, CT 93-08, and CT 93-07. The
easements which we require are as listed below.
1. Melrose Avenue slope construction and maintenance easement.
2. Easement to Carlsbad Municipal Water District for access.
3. Easement to Carlsbad Municipal Water District for grading and erosion control.
4. Easement to Carlsbad Municipal Water District for wastewater pipeline
construction, maintenance, and access.
5. Easement for grading and construction of sewer and storm drain within firture
extension of El Fuerte Street.
6. Conservation Easement for creation, maintenance, and conservation of riparian
area.
Draft grant deeds, easement plats, and traverses have been prepared for all of the above
easements and are attached to this letter in the order listed above.
We have an appraisal dated January 151996 by The Samppala Croup and amendments to
the appraisal dated March 5, 1996 and May 30,1996 which is attached for your use. The
amendments are insergd in the front of the appraisal; ~, i
t
We have also had a PreliGky Title’; Report and a Litigation Guarantee prepared by First
American Title Insurarke and are dated August 23, 1996 and August 20,1,996 respectively.
They are enclosed for your use.
Y
Richard Alien, Jr. - Page 2 of 2 August 26,1996
An offer of $422,500 was made to the Bressi representatives was made on May 22, 1996 for the above easements. See attached letter from Chris Chambers to Charles McLaughlin. Due to the amendment to the appraisal dated May 30, 1996, the offer was increased to $425,650. Subsequent to the offer, there have been various meetings and phone calls and an attempt by us to answer questions about the details of the easements. The Bressi representatives are not willing to accept our offer made on May 30,1996 primarily because they want a comprehensive agreement with us that addresses not only easement acquisitions but also unrelated acquisition issues such as cost reimbursement issues, transfer of our excess units for their use, and transfer of Bressi units lost within the conservation easement area to other portions of their project (even though this is addressed in the appraisal). We have tried unsuccessfully for the last two to three months to put such a comprehensive agreement together but cannot agree on many significant points. Bressi representatives have not been willing to provide us with a letter which specifically states that they have rejected our May 22, 1996 offer but have verbally indicated to us they are not willing to accept it.
Consequently, we request that the City of Carlsbad immediately commence the condemnation of the above easements.
We understand that per your procedures, we need to enter into an agreement with the City that initiates the process and authorizes the hiring of an attorney who will represent the City of Carlsbad on the condemnation. Please send me a copy of the agreement and we will execute it and get it back to you right away. We request that the City hire the attorney within the next week and have them begin working on the condemnation immediately. Should the agreement somehow fail to get approved, we agree to reimburse the City for the attorney’s fees.
It is our desire to obtain possession of the easements as quickly as possible. Please let me know if there is any additional information you will require. It may be beneficial to meet with you, our attorney, and the City Attorney to review the easements and discuss the issues. Please call me and let me know what the next step is.
Very truly yours,
cGch=
David Lother Vice President, Development
AUG 2 6 1996
ENGINEERING DEPARTMEW
cc Ron Ball - City of Carlsbad (without enclosures Lloyd Hubbs - City of Carlsbad (without enclosures) Charles Gill - Hecht, Solberg, Robinson, and Goldberg (with enclosures)
5
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
20
RESOLUTION NO. 96-335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA, ACCEPTING AN AGREEMENT.
WHEREAS, Continental Ranch, Inc., has submitted an agreement for the acquisition of
street and other easements in the City of Carisbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to accept said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement from Continental Ranch, Inc., regarding acquisition of street and
other easements in the City of Carlsbad which is on file with the City Clerk and is incorporated
herein by reference, is accepted and the Mayor and City Clerk are hereby authorized to execute
said agreement thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cansbad City Council
held on the 8th day of October , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEW
F‘ki? Contineiital €10
12636 High Bluff Drive, Suite
Sa11 Diego, California 92
(m
October 8, 1996 REC E1VED
(619) 79% David Hauser OCT = 9 “1% F~x (619) 7934
CITY of: CAKL- -AJ cin ATTORNEY
Assistant City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Subject: Condemnation of Easements on Bressi Ranch for &mho Carriilo Project
Dear David;
On August 26, 1996 I delivered a letter to the City of Carlsbad requesting the
commencemefit of condemnation of various easements on the Bressi property which are
required for our project to proceed. 1 am pleased to inform you that last week the
representatives of the Bressi property signed all easements which are required.
Therefore, I am requesting that the agreement regarding the condemnation, which is due to
go to City Council today, be removed from the calendar and the City cease processing on tl
condemnation.
Thank you for your assistance. I will forward signed copies of the easements as soon as wc
receive the necessary subordination’s.
very truly yours,
Continental Ranch, fnc.
David Le Lother
Vice President, Development
cc Ron Ball - City of Carlsbad
LIoyd Hubbs - City of Carlsbad
Charles GiIf - Hecht, Solberg, Robinson, and Goldberg
Ken Quon - City of Carlsbad
Don Rideout - City of Carlsbad
c:boffice\whworddavcUet tersUmuser. doc
r’o-23 -5%
AGREEMENT
Exhibit 5
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
CONTINENTAL RANCH, INC., REGARDING THE ACQUISITION
OF CERTAIN EASEMENTS FOR STREET AND OTHER
PURPOSES AS REQUIRED FOR SUBDIVISIONS CT 93-04,
CT 93-08, AND CT 93-07.
This Agreement is made this day of 8 1996 by and between the
City of Carlsbad, California, a municipal corporation (hereinafter called “City”) and Continental
Ranch, Inc. (called “Subdivider”).
RECITALS
A. Subdivider is required as a condition of Resolution Nos. 95-64, 95-65, and
95-66 of the City Council of the City of Carlsbad, approving various Ranch0 Carrillo Tentative
Subdivision Maps, Planned Unit Developments, and Site Development Plans between the
City of Carlsbad and Continental Ranch, Inc., to dedicate and provide certain improvements
to wit:
1.
2.
3.
Melrose Avenue slope construction and maintenance easement.
Easement to Carlsbad Municipal Water District for access.
Easement to Carlsbad Municipal Water District for grading and erosion
control.
4. Easement to Carlsbad Municipal Water District for wastewater pipeline construction, maintenance, and access.
5. Easement for grading and construction of sewer and storm drain within future extension of El Fuerte Street.
6. Conservation easement for creation, maintenance, and conservation of tiparian area.
B. The acquisition and/or development of the easements li$ted above
as off-site improvements for the subdivision are essential to provide needed public facilities for
the subdivision and to mitigate the public facilities burdens created by the subdivisibn.
C. It is necessary that Subdivider secure said easements and install improvements
thereon and in accordance with specifications of the City of Carlsbad.
..
D. Subdivider has been unable to acquire by a negotiated purchase the required
easements for street and other purposes for the subdivision, and request that the City assist in
the acquisition by exercise of the City's power of eminent domain.
E. This Agreement is authorized by and is entered into pursuant to Section
20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of
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 prepare and file
on behalf of the City all documents, pleadings and processes necessary to acquire the
required easements through an action in eminent domain. Said attorney or attorneys will
either be associated with the City Attorney in the eminent domain proceeding, or will
independently pursue the eminent domain action on behalf of the City, as the City in its
discretion determines. The attorney or attorneys shall be hired by the City and approved by
the City Attorney.
2. Subdivider agrees to bear all expenses, costs, fees, and charges, including
attorneys', engineers, appraisers or other professional services fees incurred or charged in
connection with the acquisition of the various property interests and the preparation and
prosecution of the eminent domain proceeding, and City shall assume no responsibility for said
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 plaintiff, it shall
assume no financial responsibility in said eminent domain action and that as further
proceedings are required, outside counsel shall assume primary responsibility and direction of
any actions, subject to any necessary approvals of the City. The City agrees to cooperate and
assist in commencing and prosecuting said condemnation action in an expeditious manner for
the purpose of completing same as soon as reasonably possible in accordance with applicable
laws.
2 H:\WOR-RE- lo Umm kr S4md R.pour - R*.dOC
A 4
4. Subdivider shall retain at its sole expense any appraiser, engineer or other
expert witness, as mutually agreed upon by Developer and City, to provide any necessary
appraisal, engineering or other information in a form suitable for use in connection with said
condemnation proceedings. Any appraiser, engineer and other expert witness required shall
be paid directly by Subdivider. City shall assume no responsibility for such payment.
5. Subdivider shall upon demand pay all amounts, plus interest, as required as a
result of any judgment or settlement in payment for easements to be acquired. City shall
assume no responsibility for said payments.
6. The parties hereby agree to seek an order of immediate possession for the real
property necessary for the improvements and facilities and related easements and comply with
the legal procedures necessary therefor. The Subdivider shall be responsible for the deposit
of funds, posting of security, or payment of any costs associated with the order of immediate
possession. Funds for said payments shall be deposited with the City by Subdivider prior to
initiation of eminent domain proceedings.
7. City retains the right to assume primary responsibility for the subject litigation at
any time and to prosecute it to completion with all costs, including attorneys’ fees, to be borne
by the Subdivider.
8. Prior to initiation of eminent domain proceedings, and prior to the bidding or
awarding of contracts for any work or improvements on the easement, Subdivider shall, at its
sole expense, retain a competent appraiser to estimate the value of the easement and post
one hundred ten percent (110%) of the estimated value with the City as a cash security
deposit. The City may at its discretion, use this cash security deposit to satisfy any legal
obligations created by this agreement. Subdivider acknowledges that the cost of acquisition
and other legal obligations of Subdivider may substantially exceed the estimated value and
acknowledges that it will pay all amounts due under this agreement, even if the amount due
exceeds the amount of the cash deposit.
3 4
-
9. It is understood that prior to the initiation of any eminent domain proceedings, it
will be necessary for the City in its sole discretion to adopt a resolution of necessity for the
acquisition of the property and to make the necessary findings as required by law. City agrees
to use due diligence in processing the matter to hearing before the City Council in order to
ensure compliance with the time limits established by Section 20.16.095 of the Carlsbad
Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees that any
failure by the City to comply with the time limits, however, shall not cause an invalidation of any
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this v rrc f&PC , 1996. day of
SUBDIVIDER:
CONTINENTAL RANCH, INC.
, By: LA
(sign here)
1//&T ~~S~~SAv-
(title and organization of signatory)
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
MARTIN ORENYAK
for City Manager
(title and organization of signatory)
(Proper notarial acknowledgement of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
City Attorney
i
‘I \ i.
‘i
-.
:
personally appeared I
Name(s) of Signer(s)
bersonally known to me -BF: IZrto be the person&)
whose name@@%+e subsc
ir authorized capaciw), and that by
refs) on the instrument the person’@),
or the entity upon behalf of which the persof’r@J acted,
executed the instrument.
WITNESS my hand and official seal.
A II 0
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
c Individual
C Corporate Officer
Title(s):
c1 Partner - rj Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
3 Other:
Signer Is Representing:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner- J Limited Cl General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Conservator
c3 Other:
Signer Is Representing:
8 1995 National Notary Assoaat~on - 6236 Remmet Ave.. P.O. Box 7164 l Canoga Pa&. CA 91309-7184 Pfcd. No. 5907 Reorder: Call Toll-Free 1-600-676-6827
II
C State of Delaware E)AGL i r4
Oflice of the Secretay,of State
I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "CONTINENTAL RANCH, INC." IS DULY
INCORPORATED UNDER THE LAWS I OF THE STATE OF DELAWARE AND IS IN
/y-~*~d
GOOD STANDING AND+6 ~-..--+ FGA Q~ORATEM~ISTENCE SO FAR AS THE
23 RECORDS
J ,/j? * %I&
OXJ~~~~i-trTHE~~~E~ENTEENTH DAY OF JULY, +a,+ -4 :. &$a \
A.D. 199.6"; mb / &I, L-.. 3 : s; AN&I .De:&EREBY FURTHEI@%kTIFY THAT TkEvkNiiU~~ REPORTS HAVE
3
2303527 8300
960208372
TAXES
pAID
e&d .
Edward J. Free& Secretary of State
AuTHENTICATIONi
8030654 DATE:
07-17-96
- -
CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC.
I, Julie E. Collins , Secretary of CONTINENTAL RANCH (formerly RANCH0 CARRILLO, INC.), a Delaware corporation (Vorporatio~P), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on July 22, 1996 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modif ied, rescinded or revoked and are now in full force and effect:
IT IS BEREBY RESOLVED that the Corporation has changed its name from Ranch0 Carillo, Inc. to Continental Ranch, Inc., a Delaware corporation.
FURTHER RESOLVED, that the name change does not affect the bank account at Bank of America as it relates to authorized signers on the account. All previous signatures shall remain in effect.
WITNESS my hand on this 22nd day of July, 1996.
CONTINENTAL RANCH, INC., a Delaware corporation
BY
Gretary
.
.
--
h :. 2
CERTIFICATE OF CORPORATE RESOLUTION OF RANcBo CaRRILLO, INC.
I, Kenda B. Gonzales, Secretary of RANCH0 CARRILLO, INC., a Delaware corporation (Torporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly Directors of the Corporation, on April 3 adopted by the Board of 1996 either at a duly held meeting of the Board of Director=; by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect:
RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping I development or construction associated with property owned by Ranch0 Carrillo, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and
RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation:
ChrisChambers president
Donald R. Loback Vice President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President
RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions.
WITNESS my hand on this 12th day of June, 1996.
RANCH0 CARRILLO, INC., a Delaware corporation
c:\legal\rci.res.6