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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