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HomeMy WebLinkAbout2003-08-12; City Council; 17281; Authorizing condemnation/Rancho Santa Fe RoadCITY OF CARLSBAD - AGENDA BILL TITLE: AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA AND DECLARING THE NECESSITY THEREFORE FOR RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING, PHASE 2 DEPT. HD.@k CITY ATTY.~~ CITY MGR. % RECOMMENDED ACTION: Adopt Resolution No. 2003-218 authorizing and directing the condemnation of certain real property in the City of Carlsbad, State of California, and declaring the necessity therefore for Rancho Santa Fe Road Realignment and Widening, Phase 2. ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Rancho Santa Fe Road is identified in the Circulation Element of the General Plan as a prime arterial. Improving the road to meet prime arterial standards is necessary at this time to meet Growth Management Standards for the southeast area of Carlsbad. Improvements include widening the road from two lanes to six lanes, realigning the road generally to the east, and replacing the bridge structure at the San Marcos Creek crossing. Benefits of the project include reduced congestion, improved traffic flow, and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region’s roadway network. The realigned Rancho Santa Fe Road will totally encompass one parcel of land consisting of 0.855 acres. This vacant, irregular shaped parcel, Assessors Parcel Number 223-030-56, is totally surrounded by existing street easements and is zoned for open space. The appraisal of the property assumes the property will be acquired in fee by the City of Carlsbad. The owners of the property, Pasquale Oliver, Santo Oliveri and Gaspare Oliveri, were presented with just compensation offers by Wiggans & Willett, acting on behalf of the City of Carlsbad. The just compensation offer was based on an independent appraisal of the property. This offer was mailed to the owner’s attorney, at the request of the owners, on May 21,2003. Shortly after the offer was mailed the attorney for the owners informed Wiggans & Willett that the owners were studying the offer. Since that one communication there has been no response to the offer by the property owners. Wiggans & Willett have made repeated attempts to contact the owners through their attorney with no response. In addition to the above letter and in accordance with State law, on July 16, 2003, the City gave notice of today’s hearing to the owner of the subject property by regular and certified mail. Pursuant to State law, to proceed with a condemnation action the City Council must adopt a Resolution of necessity. In this regard, the City Council must engage in a good faith and judicious consideration of the pros and cons of the issue. Any decision to acquire the subject property rights must be supported by substantial evidenceofthe existence of the three basic requirements set forth in Code of Civil Procedure section 1240.030. These are: 1. The public interest and necessity require the project. 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. I Page 2 of Agenda Bill No. 17,281 Adoption of the Resolution of Necessity requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. The adoption of a resolution of necessity is required before the City can commence an eminent domain proceeding. In accordance with state law, the City has given notice of this public hearing to the owners of the subject property. The City is not required to consider the request of any person to be heard who did not make a written request to be heard on or before August 8, 2003, nor the request of any person not an owner of the property whose name and address appear on the last equalized County Assessment Roll. FISCAL IMPACT: The estimated costs for the construction of Rancho Santa Fe Road is summarized below: Funding for Rancho Santa Fe Road is summarized below: Based upon the appraisal report for the property, the City presented the property owners with an offer of $1 1,100 for the property. The cost of the property acquisition is included under Right-of-way Acquisition in the first table above. Sufficient funds from CFD#1 and CDF#2 have been appropriated for this cost. ENVIRONMENTAL: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. All permit and mitigation requirements have been met. Per the Habitat Conservation Plan, a qualified biologist has been retained to monitor the adjacent habitat during construction. Per the requirements of the California Department of Fish and Game (CDFG) 1601 permit, a habitat mitigation plan is being prepared based on the conceptual plan approved by CDFG and will be implemented concurrent with construction. 17,281 Page 3 of Agenda Bill No. The following Exhibits 1-11 are hereby incorporated by reference into the Administrative Record of the public hearing in the matter of the City Council’s Adoption of a Resolution of Necessity Authorizing and Directing the Condemnation of Assessor’s Parcel No. 223-030-56, owned by Pasquale Oliver, Santo Oliveri and Gaspare Oliveri, (“administrative record”). Although Exhibits 6-1 1 are not attached hereto, they are available for review and inspection in the City’s Engineering, Planning, or Clerk’s offices as indicated below, and are incorporated herein by reference as indicated above. EXHl BITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. Location Map. Notice of Public Hearing to Condemn Real Property in the City of Carlsbad, California directed to Pasquale Oliver, Santo Oliveri and Gaspare Oliveri. Resolution No. 2003-218 of the City Council of the City of Carlsbad, California, authorizing and directing the condemnation of certain real property in the City of Carlsbad, State of California and declaring the public necessity therefore. [Assessor’s Parcel No. 223-030-56.1 Exhibit “A Legal Description of Assessor’s Parcel No. 223-030-56. Offer of Just Compensation mailed to Pasquale Oliver, Santo Oliveri and Gaspare Oliveri; dated May 21, 2003, with summary appraisal and drawing of right-of-way attached. Construction Drawings for Rancho Santa Fe Road, Phase 2, Dwq. No. 382-28 incorporated by reference into the administrative record and available for inspection in the City’s Enqineerinq Department. EIR 91-1 incorporated by reference into the administrative record and available for inspection in the City’s Enqineerinq Department. Circulation Element of the General Plan incorporated by reference into the administrative record and available for review in the City’s Planninq Department. Planninq Commission Resolution No. 4269 incoruorated by reference into the administrative record and available for review in the City’s Planninq Department. City Council Resolution No. 92 -152 approvinq EIR No. 91-1 incorporated by reference into the administrative record and available for review in the City Clerk’s office. City Council Resolution No. 2000-128 approvinq Addendum No. 2 to EIR No. 91-1 incorporated by reference into the administrative record and available for review in the City Clerk’s office. 3 LOCATION MAP L NOT T6 SCALE PROJECT EXHIBIT NUMBER 7 NAME RANCHO SANTA FE ROAD PHASE /I 3190 HN BY: SCOTT EVANS CARLSBAD ENGINEERING DEPT. 7/4/03 C: \CAPlTAL\HELMlNG\3lgO.DW 3 P.2 JUL 28 2003 4:36PM HP LRSERJET 3200 hfl(8iT 2 .J L’ ASARO. KEAGY, FREELAND & MCKINLEY UOSCOE 0. UEAOV RICHAIID R. FRELLANO d’ STLVCN A. MCUINLCl‘ *ALSO &XOYIlTKD tN NtVAOA AWDRNMS AT LAW FOURTH FLOOR 3170 fOURTH AVENUE S4N DIEQO. CALlrO’lNIb PZlOP TELEPUONE (SIP1 LSY-3170 FACSINILL (6191 e00- NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY July 16,2003 Pasquate Oliver Santo Oliveri Gaspare Oliveri Post Office Box 54 Bonita, California 9 1908 FRANK L. ASPRO Or COUNSCL CYALILCS F. CAMPOIELL OF COUNSLL Re: Rancho Santa Fe Road improvement proieCt Assessor Parcel. No. 223-030-56 u Dear Property Owners: We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. To maintain anticipated construction schedules, the City of Carlsbad intends to hold a public hearing and request the City Council to consider the adoption of a Resolution of Necessity, which, ifadopted, will authorize the City of Carlsbad to acquire the property described herein by eminent domain. The City is interested in continuing its negotiations with you and with your representatives and wishes to resolve this matter as quickly as possible in the manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial forum to hear both sides of a controvwsy and to render decisions to resolve our differences which, in this case, involves the valuation of real property. The procedure is called “condemnation” or “the power of eminent domain.” It is the recommendation of our firm that condemnation proceedings be instituted to settle OUT controversy. The City of Carlsbad will hold apublic hearing on August 12,2003, at 6:OO p.m. or as soon thereafter as the matter may be heard at City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of your property for the Rancho Santa Fe Road Improvement Project. 5 JUL 28 EUU3 4:36PM HP LASERJET 3200 -.>' Property Owners July 16,2003 - Paget Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property hterests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of CarIsbad will determine whether (a) the public interest and necessity require the project; (b] the project is planned or located in the manner that will be the most compatible ~4th the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project. If you wish to speak either for or against the issues which are outlined above, you must file a Written request within fifken (I 5) days fiom the date of this letter. Failure to file a written request to appear and be heard in the oEce of the Clerk of the City of Carlsbad within fifteen (1 5) days after the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing. Your written request should be addressed to the following: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Rancho Sans Fe Road I'mvement Project August 12,2003 Hearing Date Piease feel fiee to caIl us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND 0 MCKINLEY WF22Jy Richard R. Freeland RRF :kmk cc: Thomas M. Todinson, Esq. Julia Coleman, Fsq. h4r. David Hauser Mr. Doug Helming Mr. Chip Willett P* 3 i JUL CW ZuU3 4:36PM HP LASERJET 3200 - OLIVER, OLlVERl AND OLfVERI PROPERTY- ACQUISITiON THAT PORTION OF PARCEL 4 OF PARCEX MAP NO. 1017@, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAtlFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OlEGO COUNTY, JUNE 27,1980 AS FILE NO. 80-204502 OF OFFC1AL RECORDS. LYING SOUTHWESTERLY OF THE SOUTMSTERLY LINE OF RANCHO SANTA FE ROAD AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF QUESTHAVEN ROAD IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST. SAN BERNAROINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. AREA = 0.B55 ACRES. THE ABOVE DESCRIPTION IS BASED ON THE LEGAL DESCRIPTION IN THE PRELIMINARY REPORT ISSUED BY FIRST AMERICAN TITLE LNSURANCE COMPANY DATED AUGUST 28,2000 AS ORDER NO. 1249539. d SIG NATU R EXP. MAR H ss 2006 9' P. 4 DATE: I 7 JUL dtj zUU3 4:36PM HP LASERJET 3200 5 I \ \ \. APN 223-036-62 -7 I I MAP 7736 APN 223-030-46 1" J 100' PER DEEO RECORDEO APRK 7, 1966 AS FlLE NO. 58544 O.R. \ @ R/kd AND PIPELINE EASEMEWT TO SAN UAliCOS \ COUNTY WATER DISTRICT REcoRom SEPTEMBER 23, 1980 AS FlLE NO. 80-508501 O.R. 9 WATER AND DRAINAGE EAS€MENT TO SAN MARCOS \ COUNTY WATER USTRICT RECCX3DEf.l AUGUST 20, 1881 AS RLE NO. 81-266030 O.R. @ DRAMACE EAWENT 70 SAM DlEco COUNTY ROOD CONTROL MSTRICT. ZONE 1, RECORDED July 20, 1973 AS FILE NO. 73-202191 O.R. 3 SEWER EASEMENT TO SAH MARCOS COUNTY WATER DlSnilCT RECORDED AUGUST 27, 1973 AS FILE NO. 73-241670 O.R. BOUNDAf?Y APN 223-03U-58 AREA = 37.228 SF (0-SSS AC.) AGUiRRE ik ASSOaA7rES EXHI811 8 Wl. 1 of 1 PROJECT NO. 31 90 PR 02-13 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 RESOLUTION NO. 2003-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA AND DECLARING THE PUBLIC NECESSITY THEREFORE. WHEREAS, the City of Carlsbad, County of San Diego, State of California, proposes to acquire property for the realignment and widening of Rancho Santa Fe Road, Phase 2, hereinafter referred to as “the project”. The property sought to be acquired is described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, the Project requires the acquisition of certain real property; and WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the acquisition of real property for a road and related purposes pursuant to California Government Code Sections 37350,37350.5 and 37353; and WHEREAS, the real property sought to be acquired is located within the territorial limits of the City of Carlsbad and is necessary for the Project; and WHEREAS, the plans for the Project are on file with the City Engineer of the City of Carlsbad; and WHEREAS, the Project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; and WHEREAS, the City of Carlsbad has established the amounts which it believes to be just compensation for the hereinafter described real property sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has offered to the owners of said real property the full amount established as just compensation for said real property sought to be acquired; and WHEREAS, the City of Carlsbad has provided said owners of said real property with a written statement of and summary of the basis for the amount established as just compensation for the real property sought to be acquired; and 1 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 WHEREAS, a reasonable length of time has expired since the date of the offer to the owners of the real property sought to be acquired, and the owners have failed to favorably respond to he offers of the amount established by the City of Carlsbad as just compensation; and WHEREAS, some or portions of the property hereinafter described are being acquired for a compatible joint use pursuant to California Code of Civil Procedure, Section 1240.5 10; and WHEREAS, on May 6, 1998, the Planning Commission of the City of Carlsbad, pursuant to the provisions of the California Government Code, Section 65402, adopted Planning Commission Resolution No. 4269, finding that the proposed location, purpose, and extent of the project is consistent with the Circulation Element of the City of Carlsbad General Plan; and WHEREAS, on June 2, 1992, pursuant to California Public Resources Code Section 21 000, et seq., the City Council of the City of Carlsbad adopted Resolution No. 92-152. which certified EIR No. 91- 1 for both PhaseJl and Phase 2 of the Rancho Santa Fe Road Project, and on April 25, 2000, the City Council of the City of Carlsbad adopted Resolution No. 2000-128. which approved Addendum No. 2 to EIR No. 9 1 - 1, for the Rancho Santa Fe Road project; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section 1245.235, the owners of the real property sought to be acquired whose names and addresses appear on the current equalized County Assessment Roll, have been sent a Notice of Intention to Adopt a Condemnation Resolution, and have been provided with an opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure, Section 1240.030. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Carlsbad, California, finds and determines, and hereby declares that: 1. 2. The above recitations are true. The Agenda Bill and this Resolution have been read and considered together with the documents referred to therein, together with all evidence presented at the hearing. 3. 4. The public interest and necessity require the proposed project. The proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. Resolution No. 2003-218 2 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 5. The real property described in Exhibit “A” attached hereto is necessary for the proposed project. 6. 7. The proposed project is a matter of public necessity. The use of all and each and every part of said real property for the use and purposes of the proposed project is a public use and a use authorized by law. 8. 9. The public interest and necessity require that the real property be taken. The offers required by Government Code Section 7267.2 have been made to the owners of record of the real property which is the subject of this resolution. BE IT FURTHER RESOLVED by the City Council of the City of Carlsbad that the City Attorney, in association with the law firm of ASARO, KEAGY, FREELAND & McKINLEY (hereinafter “Special Counsel”) be, and is authorized and empowered, and directed in the name of the City of Carlsbad to acquire by donation, purchase, or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain, the said real property; To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said real property, or any part thereof, for the proposed project; To make an application to said court for an order determining the amounts of money to be deposited as security for the payment of the just compensation which will be made for the taking of the real property or any part thereof, necessary for the proposed project and any damage incident thereto, and to make application to said court for an order permitting the City of Carlsbad to take immediate possession of and to use said real property and part thereof, sought to be condemned for the proposed project; To make deposit for such security for such property out of proper funds under the control of the City of Carlsbad in the amount determined by the court in the manner directed by the court; To incur on behalf of the City of Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property; Resolution No. 2003-218 3 !i 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 The real property referred to in this Resolution is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described and depicted on Exhibit “A” attached hereto and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 12th day of August , 2003 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard ATTEST: J Resolution No. 2003-218 4 (SEAL) I PR 02-1 3 EXHIBIT "A" OLIVER, OLNERI AND OLIVER1 PROPERTY ACQUlSiTlON THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OlEGO COUNTY, JUNE 27,1980 AS FILE NO. 80-204502 OF OFFlCtAL RECORDS. LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF RANCHO SANTA FE ROAD AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF QUESTHAVEN ROAD IN THE NORTHVEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNAROINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. AREA = 0.855 ACRES. THE ABOVE DESCRIPTION IS BASED ON THE LEGAL DESCRIPTION IN THE PRELIMINARY REPORT ISSUED BY FIRST AMERICAN TnLE iNSURANCE COMPANY DATED AUGUST 28,2000 AS ORDER NO. 1249539. u SIGNATUR EXF. MAR H g, 2006 9' JUL 28 2003 4:36PM HP LflSERJET 3200 P- 5 I \ \ \ MA7 7736 APN 223-030-46 1968 AS nlE NO. 58549 03. @ R/W AND PLPWNE EASEUENT TO $AN MARCOS \ COUNTY WATER DSlRlCT RECOROED SEPTEMBER 23. 1980 AS FILE NO. 80-308501 O.A. @ WATER AND DRAWAGE EASEMENT TU SAN MARCOS COUNM WATER MSTtlCT RECORDED AUGUST 20, 1981 AS flE NO- 81-266030 O.R. @) DRAINAE EASEMENT 16 SAN MEGO CWNW ROOD \ . CONTROL OISIRICT. ZONE 1, RECORDED July 20, 1973 AS FtLE ffa 73-202191 0.R. BOUNDARY APN 22*1150-56 AREA = 37,225 SF (0.8S5 AC.) AGUIRRE dc AssoclATES May 21,2003 Oliver Pasquale PO Box 54 Bonita, CA 91908 Attn: Thomas M. Tomlinson Legler & Tomlinson Attorneys at Law 231 Fourth Avenue Chula Vista, CA 91 91 0 RE: Rancho Santa Fe Road Realignment and Widening Project APN: 223-030-56 Dear Mr. Pasquale and Mr. Tomlinson; Wiggans & Willett, Inc. (W&W) has been retained by the City of Carlsbad (“Clty“) to negotiate on its behalf for the acquisition of property for the Rancho Santa Fe Road Realignment and Widening Project. The City has authorized us to make an offer to acquire the property owned by Pasquale Oliver, Sanot Oliveri and Gaspare Oliveri, as tenants in common, identified as assessor parcel number 223-030-56 for the above mentioned project. The City has retained the appraisal services of the Hendrickson Appraisal Company, Inc., independent real estate appraisers, to estimate the “Fair Market Value” of the proposed acquisition. The appraiser‘s fair market value estimate is shown on the enclosed “Appraisal Summary Statement.” On the basis of this independent fee appraisal, the City is prepared to purchase the real property for the amount of $1 1,100.00. A negotiated settlement shall include, but not necessarily be limited to the following terms and conditions: 1. An escrow will be opened with FIRST AMERICAN TITLE COMPANY through which title will be conveyed by Grant Deed to the City, free and clear of any and all liens, encumbrances, options and claims for leasehold interests for a total consideration of $1 1 ,I 00.00. 2. The proceeds related to the purchase of said property may be subject to payment demands for. county taxes, assessment liens, federal and state tax liens, creditor judgements and beneficiaries of trust deeds in connection with obtaining free and clear title. 3. The City will pay all eligible incidental expenses associated with the escrow closing including processing of lien releases, partial reconveyances, and the cost of a Policy of . Title Insurance. REAL ESTATE & RIGHT OF WAY CONSULTDIG 3355 Mission Avenue, Suite 221 Oceanside, CA 92054 9 Telephone: 760.721.1776 Fax: 760.721.6676 4. The proposed acquisition is subject to the City reviewing the escrow Preliminary Title Report and accepting the conveyance document. 5. This offer will be deemed revoked if not accepted upon filing of the condemnation action or within 45 days of the date of this letter. If a condemnation action is filed, the City will continue to discuss a negotiated purchase based upon the offer set forth herein. 6. This offer assumes the property is free and clear from any and all lead paint, asbestos containing materials, ground and water contaminants. If this is found not to be the case, the offer will be adjusted to compensate for any clean up costs. If the above acquisition offer meets with your approval, please sign the enclosed copy of this letter and return to my attention. An escrow will be opened upon your approval of the above-terms. If you have any questions regarding the project or the terms of the acquisition proposal, please call me at your earliest convenience so that 1 may arrange to meet with you. I can be reached at (760) 721 -1 776. Thank you. Sincerely, n &- Chip hillett Wiggans & Willett, Inc. Enclosures: Appraisal Summary Statement Exhibit A - The Public Acquisition Process Grant Deed cc: City OFFER ACCEPTED: By: By: By: Date: Date: Date: Pasquale Oliver Sanot Oliveri Gaspare Oliveri APPRAISAL SUMMARY STATEMENT (Full Acquisition) OWNER: PASQUALE OLIVER, SANOT OLIVER1 AND GASPARE OLIVERI, TENANTS IN COMMON ADDRESS: C/O THOMAS M. TOMLINSON LEGLER & TOMLINSON 231 FOURTH AVENUE CHULA VISTA, CA 91910 OLIVER PASQUALE PO BOX 54 BONITA, CA 91 908 SITUS ADDRESS: N/A ASSESSOR PARCEL NO: 223-030-56 LEGAL DESCRl PTlO N : A PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, AND MORE PARTICULARLY DESCRIBED IN TITLE REPORT PREPARED BY FIRST AMERICAN TITLE COMPANY DATED APRIL 24, 2003. ORDER NUMBER DIV-921729 PROJECT: RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING PROJECT CURRENT USE: UNIMPROVED HIGHEST AND BEST USE: OPENSPACEBUFFERPARCEL RIGHTS ACQUIRED: FEE SIMPLE LARGER PARCEL AREA: 37,228 SQUARE FEET AREA OF TAKE: FULL VALUE OF RIGHTS ACQUIRED: $11,100 METHODS OF DETERMINING VALUE OF RI G HTS ACQ U I RED : c THE COMPARABLE SALES APPROACH-SEE LIST OF COMPARABLE SALES ATTACHED AS EXH I B IT “A. ZONE: OPEN SPACE, CITY OF CARLSBAD Appraisal Summary Statement Continued: DEFINITION OF FAIR MARKET VALUE: (1) “The fair market value of the property taken is the highest and best price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all uses and purposes for which the property is reasonably adaptable and available . ” (2) “The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.’’ SOURCE OF DEFINITION: Article 4, Paragraph 1263.320 of the Civil Procedure Code of the State of California; and Assembly Bill No. 11 approved and filed with the Secretary of State on October 1, 1975. COMPLIANCE: This summary represents the amount being offered as just compensation for’a full take and has been derived from a formal appraisal which includes supporting sales and data and other documentation. It is presented in compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-1 7) and/or Chapter 16 of Division 7 of Title 1 of the Government Code. THE DATE OF VALUE IS: April 1, 2003. j-- I I + i j i 1 ~ i I - 7267. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entities shall, to the greatest extent practicable, be guided by the provisions of Sections 7267.1 to 7267.7, inclusive, except that the provisions of subdivision (b) of Section 7267.1 and Section 7267.2 shall not apply to the acquisition of any easement, right-of-way, covenant, or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains. 7267.1. (a) The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation. (b) Real property shall be appraised before the initiation of negotiations, and the owner, or the owner's designated representative, shall be given an opportunity to accompany the appraiser during his or her inspection of the property. However, the public entity may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. 7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining Z! the compensation for the property. (b) The public entity shall provide the owner of real properly to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning of property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. (d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire real property for less than an amount which it believes to be just compensation therefor if (1) the real property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just compensation therefor, (2) the public entity offers a price which is equal to the specified price for which the property is being offered by the landowner, and (3) no federal funds are involved in the acquisition, construction, or project development. (e) As used in subdivision (d), "offered for sale" means any of the following: (1) Directly offered by the landowner to the public entity for a specified price in advance of negotiations by the public entity. (2) Offered for sale to the general public at an advertised or published, specified price set no more than six months prior to and still available at the time the public entity initiates contact with the landowner regarding the public entity's possible acquisition of the property. 7267.3. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90 days' written notice from the public entity of the date by which such move is required. 7267.4. If the public entity permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, or for a period subject to termination by the public entity on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. 7267.5. In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. 7267.6. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity shall institute formal condemnation proceedings. No public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining portion in such a shape or condition as to constitute an uneconomic remnant, the public entity shall offer to acquire the entire property if the owner so desires. with this chapter may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any (b) A person whose real property is being acquired in accordance 22, compensation paid therefor to a public entity determined by the person. 7267.8. (a) All public entities shall adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance with the rules and regulations adopted by the Department of Housing and Community Development. (b) Notwithstanding subdivision (a), with respect to a federally funded project, a public entity shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. 7267.9. (a) Prior to the initiation of negotiations for acquisition by a public entity or public utility of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, the acquiring public entity or public utility shall make every reasonable effort to seek alternative property which is other than nonprofit, special use property. However, this requirement shall not apply to properties acquired by public entities for transportation purposes, including, but not limited to, the construction, expansion, or improvement of streets, highways, or railways. (b) This section does not apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rights-of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner's present or proposed use. Rancho Santa Fe RoadCondemnation ProceedingsDavid HauserRichard R. Freeland Tonight’s Proceedings!!Staff presentationStaff presentation""Discuss Council findings and determinationsDiscuss Council findings and determinations""Project descriptionProject description""Alignment considerationsAlignment considerations""Project needProject need!!Respond to Council QuestionsRespond to Council Questions!!Input from Property Owner/LeaseholderInput from Property Owner/Leaseholder!!Council discussion Council discussion !!Council actionCouncil action To initiate a condemnation action, Council must find that:!!Public interest and necessity require projectPublic interest and necessity require project!!Project is planned and located in a manner Project is planned and located in a manner which is most compatible with the greatest which is most compatible with the greatest public good and least private injurypublic good and least private injury!!Property is necessary for the projectProperty is necessary for the project!!Project is a matter of public necessityProject is a matter of public necessity!!All and every part of property will be used for All and every part of property will be used for a public purpose and is a lawful use of propertya public purpose and is a lawful use of property Project Description!!Rancho Santa Fe RoadRancho Santa Fe Road""La Costa Avenue to Melrose DriveLa Costa Avenue to Melrose Drive!!Six lane prime arterialSix lane prime arterial!!Full City Standard ImprovementsFull City Standard Improvements!!Drainage and utility improvementsDrainage and utility improvements!!Dual bridge structure over SM CreekDual bridge structure over SM Creek Rancho Santa Fe Road ProjectsPhase 1 & 2NLA COSTA AVE.ALGA ROADPALOMAREL CAMINO REAL POINSETTIALANEA V IA R A PARKWAYI -5 BARCELONAC A R L S B A D B L V DAIRPORTROAD LA COSTA AVE.RANCHO SANTA FE ROADI-5 BLVD.OLIVENHAINROADLEUCADIAM ELRO SE DRIV ECALLEPhase IIIncluding SM Creek BridgePhase I(Under Construction) Rancho Santa Fe Road Alignment!!Complies with City StandardsComplies with City Standards!!Aligns with new SM RSF Road Aligns with new SM RSF Road ImprovementsImprovements!!Minimizes environmental habitat impactsMinimizes environmental habitat impacts!!Avoids impacts to existing businessesAvoids impacts to existing businesses!!Avoids road closure during constructionAvoids road closure during construction Rancho Santa Fe Road Alignment!!Found consistent with General Plan by Found consistent with General Plan by Planning Commission on 5/6/98Planning Commission on 5/6/98!!Found to be environmentally preferred Found to be environmentally preferred alternativealternative""EIR 91EIR 91--1 approved by Council on 1 approved by Council on 6/2/926/2/92""Addendum No. 2 to EIR approved on Addendum No. 2 to EIR approved on 4/25/004/25/00 Project Need!!General Plan Circulation Element RoadGeneral Plan Circulation Element Road!!Regionally Significant Arterial RoadRegionally Significant Arterial Road Rancho Santa Fe Road Traffic Projections(Melrose Drive to San Elijo Road)""Existing Existing --27,800 ADT27,800 ADT""Buildout Buildout --38,900 ADT38,900 ADT Condemnation ProceedingsCondemnation ProceedingsOliveriOliveriPropertyProperty!!Area 0.85 Ac.Area 0.85 Ac.!!City to Acquire Fee TitleCity to Acquire Fee Title!!Encumbered by several existing easementsEncumbered by several existing easements!!Appraiser Opinion of Just Compensation Appraiser Opinion of Just Compensation $11,100$11,100 Conclusion of Presentation!!Respond to Council QuestionsRespond to Council Questions!!Take input from property owner/leaseholderTake input from property owner/leaseholder!!Council discussionCouncil discussion!!Council ActionCouncil Action