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HomeMy WebLinkAbout2012-02-14; City Council; 20808; CONDEMNATION TERRAMAR SEWER LIFT STATIONCITY OF CARLSBAD - AGENDA BILL 20,808 AB# MTG. 2/14/12 DEPT. UTIL AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS FOR THE TERRAMAR SEWER LIFT STATION, PROJECT NO. 5502 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Hold a Public Hearing and adopt Resolution No. 2012-032 by a four fifths vote authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, for the Terramar Sewer Lift Station, Project No. 5502, and declaring the public necessity thereof. ITEM EXPLANATION: The Terramar sewer basin's sewer system, which provides for 255 dwelling units, is at an elevation that prevents it from flowing by gravity into the Vista/Carlsbad interceptor sewer pipeline. The interceptor sewer is a large diameter sewer pipeline that intercepts the flow from local collector pipelines and conveys it to a treatment facility. The local wastewater in the Terramar basin is collected in local small diameter pipes which flow to a storage structure (wetwell) at the Terramar lift station site. At the lift station the wastewater is pumped up and into the interceptor sewer which flows by gravity to the Encina Water Pollution Control Facility. The existing Terramar lift station was constructed in 1967 and has reached its useful life. The station's electrical and mechanical equipment are antiquated and insufficient to adequately comply with current State regulations that prohibit sanitary sewer discharge. The reliability of the existing station is such that it presents higher risk of potential wastewater spills or discharge, because of its inadequate equipment and its deteriorated condition. In order to build a replacement sewer lift station, the City will need to obtain a 653.19 square foot easement over a portion of land currently owned by San Diego Gas & Electric (Assessor's Parcel No. 210- 010-40) and used as their North Coast Operating Center. The proposed easement which is adjacent to the existing lift station site will provide necessary additional space for the replacement lift station. Other sites in the vicinity were also evaluated. The proposed site is superior to the other locations because it provides for the greatest operational function and efficiency. It is also superior in consideration of constructability and minimizing project cost. The proposed easement will not interfere with or impair the continued public use of the property by SDG&E. In accordance with State Law, on January 18, 2012, the City of Carlsbad gave notice of the February 14, 2012 hearing to the owner of the property by regular and certified mail. Pursuant to State law, to proceed with a condemnation action, the City of Carisbad must adopt a Resolution of Necessity. Any decision to acquire the subject property rights must be supported by substantial evidence of the 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. FOR CITY CLERKS USE ONL Y COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED s CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 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. Adoption of the attached Resolution of Necessity requires not less than a four-fifths (4/5) vote of all members of the City Council. An offer to purchase the property for its fair market value as required by Section 7267.2 of the Government Code has been made to the owner of record of the property and was rejected on November 28, 2011. ENVIRONMENTAL IMPACT: This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15302(c) in that it is a replacement of an existing utility system on the same site involving negligible or no expansion of capacity. A Notice of Exemption was filed with the San Diego County Clerk on July 21, 2011. FISCAL IMPACT: Table 1 PROJECT COST SUMMARY FOR THE TERRAMAR LIFT STATION PROJECT (PROJECT NO. 5502) DESIGN AND ENVIRONMENTAL PHASE Engineering and Environmental Services and Staff Overhead $60,000 Easement Acquisition (Fair Market Value) $10,500 DESIGN & ENVIRONMENTAL PHASE SUBTOTAL $70,500 CONSTRUCTION PHASE Preliminary Construction Cost Estimate (plus 15% contingency) $460,000 Construction Management and Inspection 50,000 CONSTRUCTION PHASE SUBTOTAL $510,000 TOTAL PROJECT COST $580,500 CURRENT APPROPRIATION $598,000 Pursuant to an appraisal of the property hghts sought, the fair market value of the property is $10,500. No additional appropriation is necessary as sufficient funds are currently appropriated from the City's Sewer Replacement Fund for the completion of the project. EXHIBITS: 1. Location Map. 2. Resolution No. 2012-032 . a Resolution of the City Council of the City of Carlsbad Authorizing and Directing the Condemnation of Certain Real Property Interests for the Terramar Sewer Lift Station. LOCATION MAP SITE PACIFIC OCEAN NOT TO SWLf ?0/?r RD. arr or ocewtsme VICINITY S/TE PROJECT NAME TERRAMAR LIFT STATION REPLACEMENT PROJECT NUMBER 5502 EXHIBIT 1 PLOTtB) BR SCOTT EVAHS PLOT DATE t2/30/tt PATHiC: \mmS /)£P>W71IENT\0ESieM «MS0N\8(S(UP\JDWAIMR UFT STATKIN\SS02-LOCAT«»I UAP.DWG 3 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. 2012-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS FOR THE TERRAMAR SEWER LIFT STATION, PROJECT NO. 5502. WHEREAS, the portion of real property that is subject of this Resolution (the "Subject Property") is located in the City of Carisbad, County of San Diego, State of California, is located West of Interstate 5 near the intersection of Cannon Road and Carisbad Boulevard; is a portion of a larger parcel that is presently designated as San Diego County Assessor's Parcel Number 210- 010-40 and is legally described and depicted in Exhibits "A" and "B" hereto (incorporated herein by this reference); and WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed Project") is a replacement ofthe Terramar sewer lift station. Project No. 5502; and WHEREAS, the interest in property that is the subject of this Resolution ("Subject Property Interest") is described in Exhibits "C" and "D" (incorporated by this reference); and WHEREAS, the statutes that authorize the City of Carisbad to acquire the Subject Property Interest by eminent domain include Article I, Section 19 of the Califomia Constitution, Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.130, 1240.510, and 1240.610 of the California Code of Civil Procedure and Sections 37350, and 37350.5 of the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 2. That notice of the City Council's intention to adopt this Resolution of Necessity was duly given as required by Section 1245.235 of the California Code of Civil Procedure. 3. On February 14, 2012 the City Council of the City of Carlsbad did hear and consider all of the evidence presented. 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 4. The public interest and necessity require the Proposed Project. 5. The Proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 6. That the Subject Property interest is necessary for the Proposed Project. 7. The offer required by Section 7267.2 of the Government Code has been made to the owner of record of the Subject Property. 8. To the extent that the Subject Property is already devoted to a public use, the use of the Proposed Project is a compatible use that will not unreasonably interfere with or impair the continuance ofthe public use as it presently exists or may reasonably be expected to exist in the future (California Code of Civil Procedure section 1240.510) or the use of the Proposed Project is a more necessary public use than is the presently existing public use (California Code of Civil Procedure section 1240.610). BE IT FURTHER RESOLVED AND ORDERED that the City Attorney of the City of Carisbad is hereby authorized and empowered: 1. To acquire (in the name of the City of Carisbad) the Subject Property Interest by condemnation in accordance with the Constitution and laws relating to eminent domain. 2. To prepare and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition. 3. To compromise and settle such proceedings if such settlement can be reached and, in that event, to take all necessary actions to complete the acquisition including stipulations as to judgment and other matters and causing of all payments to be made. /// /// /// /// r 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 14th day of February 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. None. ABSENT: None. MAT^ HALL, Mayor ATTEST: LORRAINE M. W©Qp, City Clerk (SEAL) ^"oV,.H^,^ ..^-t.- EXHIBIT A All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Parcel 5 of that certain Certificate of Compliance for Adjustment Plat - Case No. CE 01-40, in the City of Carlsbad, County of San Diego, State of California, recorded October 20, 2001 as Instrument No. 2001-0789069 of Official Records, more particularly described as follows: That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office ofthe County Recorder of said County, November 16, 1896, described as follows: Commencing at the Northeasterly corner of Record of Survey No. 14621, in the City of Carlsbad, County of San Diego, State of California, recorded in the Office ofthe County Recorder of San Diego County, August 14, 1994 as File No. 1994- 500086, said corner being on the Westerly line ofthe Right-of-Way ofthe Atchison Topeka and Santa Fe Railroad; thence along said Westerly line and Easterly line of said Record of Survey 14621 South 28° 40' 19" East, 656.70 feet to the most Southerly corner of said Record of Survey No. 14621; thence continuing South 28° 40' 19" East, 1110.14 feet; thence South 22° 30' 13" East, 2664.53 feet to the true point of beginning; thence continuing South 22° 30' 13" East, 362.82 feet to the Southeast corner of Parcel 1 described in Document No. 78-430841, recorded October 10, 1978, of Official Records; thence leaving said Westerly line of Railroad and along the Southerly line of said Parcel 1, North 67° 33' 08" West, 941.91 feet; thence leaving said Southerly line North 22° 30' 45" West, 324.69 feet; thence South 67° 27' 18" West, 343.53 feet to the Westerly line ofthe 100 foot wide Carlsbad Boulevard; thence along said Westerly line of Carlsbad Boulevard North 30° 02' 15" West, 280.66 feet to the beginning of a curve concave Easterly having a radius of 5316.55 feet; thence Northerly 88.59 feet along said curve through a central angle of 00° 57' 17"; thence leaving said Westerly line North 60° 43' 42" East, 203.71 feet; thence North 71° 53' 50" East, 49.05 feet; thence North 88° 29' 46" East, 149.63 feet; thence North 77° 06' 32" East 80.00 feet; thence North 68° 28' 15" East, 121.97 feet; thence North 63° 21' 24" East 220.51 feet; thence North 67° 56' 35" East, 167.57 feet; thence North 76° 27' 03" East, 60.33 feet; thence South 77° 37' 06" East, 172.85 feet; thence South 60° 55' 41" East 66.30 feet; thence South 45° 30' 57" East 47.42 feet; thence South 82° 40' 44" East 84.31 feet; thence South 44° 29' 52" East 52.55 feet to the true point of beginning. Parcel B: A perpetual, non-exclusive easement for ingress, egress, underground utilities and incidental purposes through, over, and across the real property described in n Exhibit "A" ofthe "Easement Grant Deed and Agreement" recorded April 1, 1999 as File No. 1999-0217139 of Official Records. Assessor's Parcel Number 210-010-40 EXHIBIT B = 5 OO I V) *o za\ to s-l K tm 10 ?s at ccoz 00 w nai ie u 'S:;s? *-f 'i «!« tt £E «£ Off :c ei» U U 9iM » /c k2 019 sr vo/vz/t <5 <'></!> p 1 1 III is lii ""ToeTcBeT" cn o to-oiZ EXHIBIT C LEGAL DESCRIPTION OF SEWER EASEMENT CITY OF CARLSBAD PRll- THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, ACCORDING TO PARTITION MAP THEREOF NUMBER 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16,1896, DESCRIBED IN A DEED TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, DATED SEPTEMBER 23, 1948, AND RECORDED OCTOBER 8, 1948, IN BOOK 2974 AT PAGE 493 OF OFFICIAL RECORDS OF SAID COUNTY AT SAN DIEGO, EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF DESCRIBED IN A DEED RECORDED IN BOOK 4722 AT PAGE 359 OF SAID OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMENT BEING MORE PARTICULARLY DE-SCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF CANNON ROAD AS SHOWN PER RECORD OF SURVEY MAP NUKffiER 17350 RECORDED APRIL 12, 2002 AS FILE NUMBER 2002-0308512 AND DESCRIBED IN PARCEL 2 OF THAT CERTAIN EASEMENT DEED GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AS DOCUMENT NUMBER 303347. RECORDED MAY 13. 1972 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1039.50 FEET, A RADIAL THROUGH SAID POINT BEARS NORTH 22°26'48" WF.ST; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY OF CANNON ROAD, THROUGH A CENTRAL ANGLE OF 6°58'50" A DISTANCE OF 126.65 FEET (6°58'50" A DISTANCE OF 126 65 FEET PER SAID RECORD OF SURVEY MAP) (6°59'00" A DISTANCE OF 126.70 FEET PER SAID DEED) TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2960,50 FEET, A RADIAL BEARS SOUTH IS'^IT'SS" EAST: THENCE EASTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY OF CANNON ROAD THROUGH A CENTRAL ANGLE OF 0°04'22" A DISTANCE OF 3.76 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT HAVING A RADIAL OF SOUTH 15°32'20" EAST; THENCE LEAVING SAID CURVE AND NORTHERLY RIGHT-OF-WAY, NORTHWESTERLY, NORTH 15°32'20" WEST 8 50 FEET: THENCE NORTHEASTERLY, NORTH 67°24'46" EAST 55.66 FEET; THENCE SOUTHEASTERLY, SOUTH 14°35'39" EAST 14.83 FEET TO A POINT ON SAID 2960.50 FOOT RADIUS CURVE, SAID POINT BEING ON SAID NORTFIERLY PAGE 1 OF 2 PR 11 - RIGHT-OF-WAY OF CANNON ROAD, SAID POINT HAVING A RADL^LL OF SOUTH 16°36'12" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 1°03'52" A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. CONTAINING: 653.19 SQUARE FEET 0.015 ACRES MORE OR LESS 1 DOUGLAS R. MELCHIOR P.L.S. 4611 LICENSE EXPIRES 9/30/2012 DATE PAGE 2 OF 2 PRII DATA TABLE §N 15'32'20" W 8.50' N 67"24'46" E 55.66' N 14'35'39" W 14-.83' ® A=01t)3'52" R= 2950.50" L=55.00' (D A=O0T04'22" R=2960.50' L=3.76' © A=0i'08*14" R=2960.50' 1=58.76' ® N 67'33'12'" E 53745 [1 m m EXHIBIT D EXISTING CITY OF CARLSBAO SEVER EASEMENT PER 00C|66049 REC. 4-14 -1965 O.R. EXISTING CITY OF CARLSBAD PUBUC STRET EASEMENT PER D0C|62682 REC. 4-7-1964 O.R. EXISTING CITY OF CARLSBAD PUBLIC STREET EASEMENT PER DOC|11178 REC. 6-24-1964 O.R. EXISTING CITY OF CARLSBAD ROAD AND PUBUC UTIUTY EASEMENT PER DOC|303347 REC. 11-13-1972 O.R. ROS 17350 SITE PARCEl 5 OF C APN 210-010- L=126.65" R=1039.5r ^ [Siclffi] — od -I- II cs, &f to LEGSND APN 210-016-01 = INDICATES SEWEH EASEMENT TO OTY OF CARLSBAD AREA 653.19 SQ. FT. ± BBNG 0.015 ACRES ± P.O.C. = INDICATES POINT OF COMMENCEMENT T.P.O.B. = INDICATES TRUE POINT OF BEaNING (R) = INDICATES RADtAL BEARING THIS PUT WAS PREPARED BY ME OR \}^m M^DIRECTION LOT 212 [*\P &-374 APN 210-016-25 \ DOUGUS R. MELCHIOR PLS 4611 STATIONING PER aiY OF CARLSBAD IMPROVEMENT PLANS DRAWNGS FOR CANNON ROAO DRAWING NO. 157-1, PAGES 2 & 3 OF 5 PAGES BASIS OF BSAMNGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A UNE BETWEEN OTY OF CARLSBAO FIRST ORDER CONTROL POSITIONS 138 k CLSB 057. PER ROS 17271. I.E, N 30*iri9" W 4978.85' mB SHEET 1 OF 1 SHEETS CITY OF CARLSBAD DATE; 01-17-11 SEWER EASEMENT PLAT CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAM DIEGO. STATE OF CALIFORNIA DRAWN BY: R CROSS SCALE: 1''=30' SEWER EASEMENT PLAT CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAM DIEGO. STATE OF CALIFORNIA PR 11- APJ. 210-010-40 SEWER EASEMENT PLAT CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAM DIEGO. STATE OF CALIFORNIA REVISEO: 3292-SEWER.DDGG 14- Condemnation of Real Property for the Terramar Sewer Lift Station ReplacementTerry Smith, Senior Engineer2/14/2012 Terramar Lift Station Location •Built in 1967•Serves 255 S. F. Homes•Additional Easement Required (410 s.f.)•Appraised Value is $10,500Existing Lift Station