HomeMy WebLinkAbout2014-11-18; City Council; 21783; Authorizing Condemnation of Property for Public Road, Public Utility, Slope, Construction Easements, Declaring Public NecessityCITY OF CARLSBAD - AGENDA BILL
AB# 21,783
DATE 11/18/14
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
PROPERTY IN THE CITY OF CARLSBAD FQR PUBUC ROAD
AND PUBUC UTILITY, SLOPE AND CONSTRUCTION
EASEMENTS AND DECLARING THE
PUBLIC NECESSITY THEREOF
DEPT. DIRECTOR AB# 21,783
DATE 11/18/14
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
PROPERTY IN THE CITY OF CARLSBAD FQR PUBUC ROAD
AND PUBUC UTILITY, SLOPE AND CONSTRUCTION
EASEMENTS AND DECLARING THE
PUBLIC NECESSITY THEREOF
CITY ATTY. f2^
DEPT.
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
PROPERTY IN THE CITY OF CARLSBAD FQR PUBUC ROAD
AND PUBUC UTILITY, SLOPE AND CONSTRUCTION
EASEMENTS AND DECLARING THE
PUBLIC NECESSITY THEREOF CITY MGR. z^
RECOMMENDED ACTION;
Adopt Resolution No. 2014-262 authorizing and directing the condemnation of public road and
temporary slope and construction easements for portions of Edinburgh Drive and Glasgow Drive.
ITEM EXPLANATION:
As a condition of approval ofthe Robertson Ranch West Village development project (CTll-Ol/CT 13-03),
the Developer (Toll Brothers, Inc.) is required to extend Edinburgh Drive and Glasgow Drive. These road
extensions provide secondary access to the subdivisions. In Resolution No. 7035, the Planning
Commission acknowledged that the roads would need to be extended to provide secondary ingress and
egress for the subdivision. This is required under the California Fire Code to maintain adequate access for
emergency service providers and prompt evacuation capabilities for residents.
The property in question is a one foot wide buffer strip that extends out from each parcel at the current
end of the two streets. This was created in the subdivision map for the Colony neighborhood in 1980. It
was dedicated to the city for future street purposes, but not accepted within the prescribed 25 year
period. A temporary easement for slope and construction purposes is also needed. The Developer and
its predecessor in interest have been communicating with the owners of the property since August of
2011 in an attempt to negotiate the acquisition of the required easements. The parties have been
unable to come to an agreement. Offers made by the developers, which exceed the appraised value for
the easements (prepared by an MAI appraiser) were rejected by both property owners.
The owners of the properties, Graham Espie and Ralph and Dariene Porter, were contacted by the City
via certified mail on July 18, 2014, and offered just compensation for the purchase of the easements
required for the improvements of said streets (Exhibits 2 and 3). The certified mail addressed to the
Porters was acknowledged on July 23, 2014. The certified mail addressed to Graham Espie was
acknowledged on July 23, 2014.
In addition to the above letters and in accordance with State law, on October 29, 2014, the city gave
notice of today's heanng to the owners ofthe subject properties by certified mail (Exhibits 4 and 5).
DEPARTMENT CONTACT: Ronald Kemp 760-434-2891 ronald.kemp@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WrrHDRAWN • OTHER- SEE MINUTES •
AMENDED • REPORT RECEIVED •
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 ofthe issue. Any decision to acquire the subject property rtghts must be supported by
substantial evidence ofthe existence ofthe 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 a 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 ofthe attached Resolution of Necessity requires a two-thirds (2/3) vote ofthe full Council.
FISCAL IMPACT;
There are no costs to the City. The Toll Brothers will pay all costs associated with the acquisitions. They
have executed a reimbursement agreement and made a deposit against the costs.
ENVIRONMENTAL IMPACT;
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection
Ordinance (Title 19) of the Cartsbad Municipal Code, staff has conducted an environmental impact
assessment to determine ifthe project could have any potentially significant impact on the environment.
Documents referenced for the analysis included the Final Environmental Impact Report (EIR 03-03)
certified on November 14, 2006 for the Robertson Ranch and the Mitigated Negative Declaration (MND)
adopted for Robertson Ranch West Village on October 17, 2012.
The project site was the subject of a previous CEQA review in the Robertson Ranch Final Program
Environmental Impact Report (EIR), which was certified by the Carlsbad City Council on November 14,
2006 (EIR 03-03, State Clearinghouse #2004051039). According to Section 15168 of the State CEQA
Guidelines, a Program EIR is approprtate for a series of actions that can be charactenzed as one large
project, are related geographically, and as logical parts in the chain of contemplated actions in
connection with issuance of rules, regulations or plans. Through the certification ofthe Program EIR, the
Cartsbad City Council adopted CEQA Findings of Fact, a Statement of Overriding Considerations, and a
Mitigation Monitoring and Reporting Program. The EIR and subsequent MND are intended to be used in
the review of subsequent projects within the Robertson Ranch Master Plan.
The project incorporates the required EIR and MND mitigation measures, and a determination has been
made that the project impacts are mitigated to a level of less than significant. The Robertson Ranch
Master Plan EIR and MND are cited as source documents ofthis environmental evaluation.
Impacts are substantially within the scope identified within the Robertson Ranch Program EIR and
Robertson Ranch West Village MND and no further CEQA analysis is required.
EXHIBITS;
1. Resolution No. 2014-262 authorizing and directing the condemnation of certain real
property interests in the City of Carlsbad, State of California, and declaring the public
necessity thereof.
2. Offer of Just Compensation directed to Graham Espie, dated July 18, 2014
3. Offer of Just Compensation directed to Ralph Porter and Dariene French-Porter, dated July
18, 2014.
4. Notice of Public Hearing to Condemn Real Property in Interest in the City of Cartsbad,
California directed to Graham Espie, dated October 29, 2014.
5. Notice of Public Hearing to Condemn Real Property in Interest in the City of Cartsbad,
California directed to Ralph Porter and Dartene French-Porter, dated October 29, 2014.
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t Z
RESOLUTION NO. 2014-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND
DIRECTING THE CONDEMNATION OF PROPERTY IN THE
CITY OF CARLSBAD FOR PUBLIC ROAD AND PUBLIC
UTILITY, SLOPE AND CONSTRUCTION EASEMENTS AND
DECLARING THE PUBLIC NECESSITY THEREOF.
WHEREAS, the Carisbad City Council has previously adopted Resolution No.
2014-041, approving the conditions CT 11-01/CT 13-03, and requiring the developer to
provide off-site road easements and construct off-site roads within said easements in
conjunction with the development of its property known and designated as Robertson
Ranch West Village; and
WHEREAS, the developer has agreed that acquisition of property and
improvements to Glasgow Drive and Edinburgh Drive is essential to provide needed
public facilities and to mitigate burdens on existing public facilities; and
WHEREAS, a portion of real property that is the subject of this Resolution is a
one-foot buffer strip at the terminus of Edinburgh Drive as well as a temporary
construction and slope easement located on parcel number 208-112-07-00, 4717
Gateshead Road owned by Graham Espie; and
WHEREAS, a portion of real property that is the subject of this Resolution is a
one-foot buffer strip at the terminus of Glasgow Drive as well as a temporary construction
and slope easement located on parcel number 208-112-20-00, 4769 Gateshead Road
owned by Ralph Porter and Dariene French-Porter; and
WHEREAS, the City of Cartsbad may exercise the right of eminent domain for the
acquisition of real property or interests therein for street and other purposes pursuant to
Article I, Section 19 of the California Constitution, Sections 1240.010, 1240.110,
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1240.120 of the California Code of Civil Procedure and California Government Code
Sections 37350 and 37350.5; and 37353; and
WHEREAS, the real property or interest therein sought to be acquired for the
proposed project are located within the territorial limits of the City of Cartsbad; and
WHEREAS, the real property or interests therein sought to be acquired are
necessary for the proposed project; and
WHEREAS, the City of Cartsbad has established the amounts which it believes to
be the just compensation for the hereinafter described real property or interests therein
sought to be acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carisbad
has offered to the owners of said real property or interests therein the full amount
established as just compensation for said real property or interest therein sought to be
acquired; and
WHEREAS, the City of Carisbad, California, has provided said owner of said real
property or interests therein a written statement of and summary of the basis for the
amount established as just compensation for the real property or interests sought to be
acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offer to
the owners of the real property or interests therein sought to be acquired, and the owners
have failed to favorably respond to the offers of the amounts established by the City of
Cartsbad as just compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure,
Section 1245.235, the owners of the real property of the interest therein sought to be
acquired whose names and addresses appear on the current equalized County
Assessment Roll, have been sent a Notice of Hearing Regarding Adoption of a
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Resolution of Necessity to Acquire Property by Eminent Domain, 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 by the City Council of Carlsbad, finds
and determines, and hereby declares that:
1. The above recitations are true and correct.
2. The public interest and necessity require the proposed project, namely the
Edinburgh Drive and Glasgow Drive Improvement Project located within the city.
3. 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.
4. The real property or interests therein, hereinafter described in this
Resolution, are necessary for the proposed project.
5. The proposed project is a matter of public necessity.
6. The use of all and each and every part of said hereinafter described real
property or interests therein for the use and purposes of the proposed project is a public
use and a use authorized by law.
7. The public interest and necessity require that the real property or interests
therein, hereinafter described in this Resolution, be taken.
8. The City of Cartsbad has complied with the requirements of Government
Code section 7267.2(a) in that an offer has been made to the record owners of the
property sought to be acquired for the established amount it believes to be the just
compensation therefor.
9. To the extent applicable, the acquisition of the property rights sought is for a
compatible public use pursuant to Code of Civil Procedure section 1240.510.
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10. To the extent applicable, the acquisition of the property rights sought is for a
compatible public use pursuant to Code of Civil Procedure section 1240.610.
BE IT FURTHER RESOLVED by this City of Carisbad that the firm of Daley &
Heft, (hereinafter 'special counsel') be, and is, authorized and empowered, and directed,
in the name of the City of Cartsbad, 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 hereinafter described interest in real property;
To prepare and prosecute in the name of the City of Cartsbad such suit or suits in
the proper court having jurisdiction thereof as are necessary to condemn, take, and
acquire said hereinafter described 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, or interests therein necessary
for the proposed project and any damage incident thereto, and to make application to
said court for an order permitting the City of Cartsbad to take immediate possession of
and to use said real property and any part thereof, or interest therein, sought to be
condemned 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, or interests therein necessary
for the proposed project and any damage incident thereto, and to make application to
said court for an order permitting the City of Cartsbad to take immediate possession of
and to use said real property and part thereof, or interest therein, sought to be
condemned for the proposed project;
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The real property referred to in this Resolution is situated in the City of Carisbad,
County of San Diego, State of California, and is more particularly described in the parcel
descriptions attached hereto and marked as Exhibits "A (Espie / Glasgow Drive buffer), B
(Espie slope and construction), C (Porter / Edinburgh Drive buffer) and D (Porter slope
and construction)."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the isth day of November , 2014,
by the following vote:
AYES:
NOES:
ABSENT:
Hall, Packard, Wood, Blackburn, Schumacher.
None.
None.
MATT HALL, Mayor
ATTEST:
9
BARBARA ENGELSON, City Clerk
^ywniiii,
(SEAL)
""iiZ^^^''
Exhibit "A"
A PORTION OF LOT 30 OF CARLSBAD TRACT NO. 76-12, IN THE CITY OF
CARLSBAD. COUTNY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 9935 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 16, 1980 AS FILE NO 80-
422632 MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF SAID MAP 9935; THENCE
LEAVING SAID SOUTH LINE NORTH 18''52'30" EAST 1.05 FEET TO THE
SOUTHERLY TERMINUS OF GLASGOW DRIVE PER MAP 9935; THENCE
ALONG SAID TERMINUS SOUTH 89°25'10" EAST 63.20 FEET; THENCE
LEAVING SAID SOUTHERLY TERMINUS SOUTH 18°52'30" WEST 1.05 FEET TO
SAID SOUTH LINE OF LOT 30 AND MAP 9935; THENCE ALONG SAID LINE
NORTH 89°25' 10" WEST 63.20 FEET TO THE POINT OF BEGINNING
AREA = 63 SF MORE OR LESS
... J0'.^ -.^^X •rA
OWNERS:
GRAHAM J. ESPIE
4m GATESHEAD ROAD
CARLSBAD. CA 92010
APN: 208-112-07
BYi DATE_
BASIS OF BEARINGS
THE BASIS OF BEARINGS POR THIS PLAT IS THE SOUTH
UNE OF HAP NO 99J5^ LE N 8925'10' W
LEGAL DESCRIPTIONS
PARCEL A^B: POR OF LOT JO OF UAP 99J5^ IN THE QTY
OFCARISBAD, COUNTY OF SAN DIEGO^ STATE OF CAUFORNIA,
FHJED IN THE OFFICE OF THE COIMTY RECORDER OF SAN
DIEGO COUNTY DECEUBER 16, 1980 AS FILE NO 80-4226JZ
OR.
Xrefs: 1007amap
LOT 1
PM 12907
N18'52'30t 1.05'
PaAJtB
LOT JO
MAP 9955
APN 208-112-07
N18-52'J0r 1.05'
PARCEL 1
ADJ 15-01
nMn^ A ^S925'10''W PARCEL A 63 so FT
LEGEND
o|
ol
CMI
SUBDIVISION BOUNDARY
STREET CENTERUNE
EXISTING PROPERTY UNE
EASEUENT AREA
TRUE POMT OF BEGINNING
POINT OF BEGINNING
CONSULT A/H-S-
2710 Loker A«nue Vtest,
suite 100 Carisbad,
California 92010
T.p.a&
p.a&
0' 20'
SCALE: 1" = 20'
1 T: 760-931-770C > EASEMENT PLAT - OTY OF CARISBAD DATE: MARCH 2014 |
j APPLICANT: EXHIR T SHEET 2 OF 3 SHEETS 1
APPROVED BY: ADJ. No. 1
tfoAY y /• ^
\ RCE 32014 pyl^ 19/11/Id
DAW A HAUSER DATt
RCE 33081 fyp.af:/v)/u AP.N. 1
Xrefs: 1007omop
Exhibit "B"
A PORTION OF LOT 30 OF CARLSBAD TRACT NO. 76-12, IN THE CITY OF
CARLSBAD, COUTNY OF SAN DIEGO, STATE OF CALIFORNL\, ACCORDING
TO MAP THEREOF NO. 9935 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 16,1980 AS FUM NO 80-
422632 MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF SAID MAP 9935; THENCE ALONG
THE SOUTH LINE OF SAID LOT 30 AND MAP 9935 SOUTH 89°25'10" EAST
63.20 FEET TO THE TRUE POINT OF BEGINING: THENCE LEAVING SAID
SOUTH LINE AND ALONG THE EAST LINE OF GLASGOW DRIVE PER MAP
9935 NORTH 18°52'30" EAST 47.89 FEET; THENCE LEAVING SAID EAST LINE
SOUTH 73*02'05'' EAST 3.05 FEET; THENCE SOUTH 17°56'0r' EAST 7 18 FEET-
THENCE SOUTH 28''39'44" EAST 7.52 FEET; THENCE SOUTH 25°14'39'' EAST '
7.03 FEET; THENCE SOUTH 2P20'50" EAST 6.60 FEET; THENCE SOUTH
18°48'24" EAST 6.36 FEET; THENCE SOUTH 15°12'14" EAST 6.07 FEET- THENCE
SOUTH 00°58'48" EAST 5.33 FEET; THENCE SOUTH 08°18'25» WEST 1 63 FEET
TO THE SOUTH LINE OF SAID LOT 30 AND MAP 9935; THENCE ALONG SAID
LINE NORTH 89°25'10" WEST 33.12 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 884 SF MORE OR LESS
N8975'10'W 6320'
PCLAdtB PCLB
N73V2'05'W 305'
N1756'01'W 7.18' L OT 50
MAP 9955
N28'39'44'W 7.52' APN 208-112-07
N2514'X'l¥ ZOf
N21'20'50'W 6.60'
N18'48'24')¥ 6.36'
N1512l4^60r
N00'58'48''W 533' '
N0818'25'E 1.63*
N89'25'10''W 3312'
PARCEL 1
ADJ 15-01
LEGEND
SUBDMSKJN BOUNDARY
STREET CENTERUNE
EXISTING PROPERTY UNE
EASEMENT AREA
TRUE POINT OF BEGINNING
POINT OF BEimm
T.P.O.B.
P.O.BL
2710 Loker A^ue Wsst.
Suite 100 Carisbad.
California 92010
T: 760-931-7700
0* 20'
SCALE: 1* = 20*
Xrefs: lOOTomap
Exhibit "C"
•,o«o *f^^?L°^ IffiCORDBD DBCEMBER 16,
8°-«2632, IN TOB Cirsr OP CaRLSBftD, CODSTY OF Sft^T DIEX30, STATE OP Cai.lF<aailA. DESCRIBED AS TOLLOWS:
FARCEIi S ^
BEGIHKOTS AT THS MOST EaSTERLY POINT OF SAID LOT 43, SAID POIHT
BEINO OH THE SODTHERIiY LINE OP THE SDBDIVISIOH BODKDfiRY OP SAID
MAP NO. 9935; TBBNCB-ALCail? SAID SODTHERLY USS NORTH SS'aB'lO" WEST
103.52 PBBT TO A POINT ON THE WEST lONE OP EDlNBDRfiH DRIVE? THENCE
NORTHERLY ALONS SAID LINE NORTH S^^OO'OO" V?BST 1.73 FEEBT TO & POINT
ON THB EAST LINE OP SAID LOT 43; TOBNCB EASTHiLY ALONS SAID LINE,
SAID LIKE ALSO BBIMS PARALLEL WITH AHD 1,00 POOT DISTANT PR<»J THE
SODTHERLY LINE OF SAID SOBDIYISIOM BOUNDAKY, SOOTH 89*^5'10" EAST
103.52 PEET TO A POINT QN THE EAST LINE OP EDIHBDRGH DRIVE; THENCE
SODTHERLY ALONG SAID LINE SOOTH S4''00'00'' EAST 1.73 FEET TO mS
POINT OP BEGINNING.
ARSA = 104 SP
OWNERS:
GRAHAM d ESPIE
4717 GATESHEAD ROAD
CARLSBAD^ CA 92010
APN- 208-112-07
BASIS OF BEARINGS
TT^ BASIS OF BEARINGS POR THIS PLATIS TK SOUTH
UNE OF UAP NO 9935 LE N 8975'10' W
BK DATE_ LEGAL DESCRIPTIONS
PARCEL A*B: POR OF LOT 30 OF UAP 9935 IN THE OTY
OF CARLSBAD, COUNTY OF SAN DIEGO^ STATE OF CALJFORMA.
niD IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY DECEMBER 16, 1980 AS FILE NO 80-422632,
OR. i
Xrefs: 1007amap
PARCELS
POR. PARCEL 2
ADJ 01-13
LEGEND
SWEET CmERUNE
Bdsmepfiavnrue
BiSEMBir/m
mj£ pomr OF BEBum
peuroFBEBmts PAB.
rtn I
-g-O N S U L t ¥ S
•anai-rm
>M an t m rm
APPUCANT»
SOME: 1" = 20'
EtsBmpuff-arroFmam
EXHIBtr APPROVED BY:
DAm NOV. aon
SHECT 2 OF 2 SHffiTS
M)J. No.
A.P.N.
Exhibit "D"
PORTION OP LOT 43 OF MAP NO. 9935, RECORDED DECEMBER IS,
1980 AS PILE NO. 80-422632, IN THE CITY OF CARLSBAD, CODUTY OF SAN
DIEGO, STATE OP CALIFORNIA, DESCRIBED AS FOLLOWS,,-
PARCEL A
, .f
BEGINNING AT THE MOST EASTERLY POINT OP SAID LOT 43, SAID POINT
BEISG QN THB SOOTH LIME OP THB SUBDIVISION BOOSDARY OF SAID MAP
NO. 9935; THENCE ALONG SAID SODTHERLY LINE NORTH 89'25'10'' WEST
103.52 PBBT TO THE TRUE POINT OF BEGINNING.- THHTCB OOMTINDlHG
ALONG SAID SODTH LINB NORTH 89*25*10" WEST 40.99 PHET; THENCE
LEAVING SAID SOOTH LINE NORTH 22''21'SS' WEST 34.54 EBBT; THENCE
NORTH S9°S4'49- WEST 35.65 PEET; THENCE NQRTO 31»22'05* WEST 27.00
FEET TO THB BEGINNING OP A NON-TiaJCTailT 530.00-POOT BAOIDS CORVE
CCaiCAVB TO THE NORTHWEST, SAID POINT BEING CW THE EAST LIME OP
LOT 43 AND THB WEST LINE OP BDINBORtSI DRTVEf THENCE
SOUTHEASTERLY ALONG SAID CORVE ALONG THS BAST LINE OF SAID LOT 43
TSRODHK A CBHTSAL ANGLE OF S'Sg'Sl" AN ARC DISTANCE OP 33.84 FEET;
THENCE SODTH 54*00'00" EAST 89.38 FEET TO THB TRDB POINT OF
BEGINNING.
AREA - 1,205 SF
POR. PARCEL 2
ADJ 01-13
LEGEND
SWEET CENfEFUNE
mtmnwoFBBBNms
pmroFBEommB
TJ>JO&
PJOA
mataMTAmBKM CM BUM salk IQQ RMU cmw. OAnk me Pwnnli >
APPUCANT;
SCALE- r = 40'
Btsam-tur-airoramsm
EXHIBI
APPROVHJ BY:
DATE: NOV. 2011
SHEET 1 OF 2 SHEETS
ADJ. No.
A.P.N.
'1
CELIA A. BREWER CITY OF PAUL G. EDMONSON
CITYATTORNEY _ AOI CT^ A P\ ASSISTANT CITY ATTORNEY
JANE MOBALDI LAKLbDAU RONALD KEMP
ASSISTANT cm ATTORNEY ASSISTANT CITY ATTORNEY
VIA CERTIFIED MAIL
RETURN RECEIPT REOUESTED
July 18,2014
Mr. Graham J. Espie
4717 Gateshead Road
Carlsbad, CA 92010
RE: Portions of APN 208-112-07-00
Dear Property Owner:
The staff of the City ofCarlsbad is proposing to recommend to the Carlsbad City Council the
acquisition ofthe above Parcel for the project, the improvement and extension of Glasgow Drive.
Our preliminary title report shows you to be the Owner of the property located adjacent to
Glasgow Drive. The property is within the project area; and is also identified by the County
Assessor as Parcel No. 208-112-07-00. The legal descriptions ofthe Parcel under consideration
for acquisition are attached to the enclosed Offer, and the proposed Grant Deed and is refewed to
herein as "the Parcel."
While staff proposes to recommend the acquisition of the Parcel to the City Council ofthe City
ofCarlsbad for this project, no decision to acquire can be made until the City Council formally
acts to approve this acquisition. Nothing in this letter is meant to pre-commit the City Council or
otherwise limit the options available to the City Council. Consequently this offer, if accepted,
and the acquisition of the Parcel is conditional upon and requires the approval ofthe City
Council.
It is our desire that the Parcel can be acquired amicably, expeditiously, and by negotiation given
the approval ofthe City Council. To this end, Califomia Govemment Code section 7267.2(a)
provides that prior to initiating negotiations for the acquisition ofthe real property, that the City
Council shall:
www.carisbadca.gov
W 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
Mr. Graham J. Espie
RE: Portions of APN 208-112-07-00
July 18,2014
Page 2
Make an offer to the Owner of record to acquire the property for the full amount that the
public entity has established as just compensation;
• Which offer is not less than the public entity's appraisal of the fair market value of the
property; and
,t,
• Provide the Owner with a written statement of, and summary ofthe basis for, the amount
the City Council established as just compensation.
The purpose ofthis letter is to convey the attached offer and written statement ofthe basis for the
amount that the City ofCarlsbad has estabhshed as just compensation so that the City of
Carlsbad may initiate negotiations regarding the proposed acquisition ofthe Parcel.
Govemment Code section 7267.1 provides that a pubUc entity shall make every reasonable effort
to acquire expeditiously real pro|)erty by negotiation rather than by litigation in the form ofan
eminent domain action. Please consider this offer as being made in the spirit of avoiding
litigation, and not as an admission of value.
Enclosed herewith is the proposed offer and written statement of, and summary ofthe basis for
the amount established as just compensation, together with a proposed grant deed which you will
be asked to sign ifyou accept this offer. After you have had an opportunity to consider the offer,
please contact the city representative in this matter. Dermis Daley, at 858 755-5666.
Very tmly yours.
lonald C. Kemp
Assistant City Attomey
Enclosures
Cc: Frank P. Cuykendall, Esq.
SUMMARY STATEMENT ACCOMPANYING GOV. CODE, § 7267.2(a)
OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE
OF REAL PROPERTY OR AN INTEREST TIIEREIN
The Califomia Relocation Assistance and Real Property Acquisition Guidelines provide that each
Owner from whom the City of Carlsbad purchases real property or an interest therein, or each tenant
owning improvements on said property, be provided the following information which may or may not
be applicable to your property and this proposed acquisition.
1. You are entitled to receive full payment prior to vacating the real property being pvurchased unless
you have heretofore waived such entitlement. You are not required to pay recording fees, transfer
taxes, or the pro rata portion of real property taxes which are allocable to any pepod subsequent to
the passage of title or possession. * ^
2. The City of Carlsbad will offer to purchase any remnant(s) considered by the City of Carlsbad to be
an uneconomic unit(s) which is(are) owned by you or, if applicable, occupied by you as a tenant and
which is(are) contiguous to the land being conveyed.
3. All buildings, stmctures, and other improvements affixed to the land described in the referenced
document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned
by you as a tenant are being conveyed unless other disposition of these improvements has been
made. The interest acquired is fee simple. The property being purchased comprises 0.102 acres and
is described in the attached Deed and outlined in color on the attached map.
4. The amount determined to be just compensation was determined after consideration of an appraisal
ofthe fair market value ofthe Parcel. The basis for the amount determined to be just compensation
is summarized on the attached Statement of and Summary ofthe Basis for the Amount EstabUshed
as Just Compensation and such amount:
a. Represents the fiill amount that the City of Carlsbad established as the amount which it believes
to be just compensation;
b. Is no less than the full amount of the public entity's approved appraisal of fair market value for
the property to be purchased;
c. Disregards any decrease or increase in the fair market value ofthe real property proposed to be
acquired prior to the date of valuation caused by the public improvement for which the property
is to be acquired or the likelihood that the property would be acquired for such public
improvement, other than due to physical deterioration within the reasonable control ofthe Owner
or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments
or other benefits which the Owner is entitled to receive under an agreement with the City of
Carlsbad.
Ifyou ultimately elect to reject the offer of the City of Carlsbad for your property, you are entitled
to have the amount of compensation detemiined by a court of law in accordance with the laws of the
State of Califomia.
S
DATED: l/l^ j l'i
Assistant City Attomi
c9J
STATEMENT OF THE AMOUNT ESTABLISHED AS JUST COMPENSATION
The amount the City of Carlsbad has established as just compensation is:
Just compensation of the property proposed to be acquired: $5,900.
Just compensation for damages, if any, to the remaining property: $0.
Attached hereto is a Summary of the Basis for the Appraisal (prepared pursuant to
Califomia Code of Civil Procedure, § 1255.010), which appraisal was used by the (*ity of Carlgbad
to determine the amount it estabUshed as just compensation.
APPRAISAL SUMMARY STATEMENT
Owner: Graham J. Espie
Assessor's Parcel No.: 208-112-07
Zone: P-C
Present use: Single Family Residence
Highest & Best Use: Single Family Residence
Date of Value: Febmary 11,2014
Total property area considered
for acquisition: 880 Square Feet, 63.2 Square Feet
Access rights acquired: None
Basis of Appraisal The market value for the property to be acquired is based upon an appraisal
prepared in accordance with accepted appraisal principles and procedures. Recent sales of
comparable properties, income data, and depreciated replacement costs are utilized, as appropriate.
FuU consideration is given to zoning, development potential, and the income the property is
capable of producing.
Market Value of Required Property $5,900
Amount of Damages to the Remaining Property
due to the proposed acquisition $ -0-
Just Compensation for Acquisition $5,900
This summary ofthe basis ofthe amount offered as just compensation is presented in
compliance with state law. A copy of formal appraisal which includes supporting sales data and
other documentation is attached.
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CELIA A. BREWER
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
CITY OF
CARLSBAD
PAULG. EDMONSON
ASSISTANT CITY ATTORNEY
RONALD KEMP
ASSISTANT CITY ATTORNEY
VIA CERTIFIED MAIL
RETURN RECEIPT REOUESTED
August 11,2014
Mr. Graham J. Espie
4717 Gateshead Road
Carlsbad, CA 92010
RE: Portions of APN 208-112-07-00
Dear Property Owner:
The City of Carlsbad hereby supplements its Offer Letter dated July 18,2014 as follows:
The City ofCarlsbad will pay the reasonable costs, not to exceed $5,000, of an independent
appraisal ordered by you. The independent appraisal shall be conducted by an appraiser licensed
by the Office of Real Estate Appraisers. The public use to which the subject property is to be put
is scheduled to begin within two years of its acquisition.
Please direct any questions regarding the offer or procedures to our outside counsel, Dennis
Daley at 858 755-5666.
Very truly yours,
Ronald C. Kemp
Assistant City Attomey
cc: Frank P. Cuykendall, Esq.
^•^^ www.carisbadca.gov €m — ^ 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
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CELIA A. BREWER
CITYATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
CITY OF
CARLSBAD
VIA CERTIFIED MAIL
RETURN RECEIPT REOUESTED
PAULG. EDMONSON
ASSISTANT CITY ATTORNEY
RONALD KEMP
ASSISTANT CITY AHORNEY
July 18,2014
Mr. Ralph A. Porter
Ms. Darlene French-Porter
4769 Gateshead Road
Carlsbad, CA 92010
RE: Portions of APN 208-112-20-00
Dear Property Owner:
The staff of the City ofCarlsbad is proposmg to recommend to the Carlsbad City Council the
acquisition ofthe above Parcel for the project, the unprovement and extension of Edinburgh
Drive.
Our preliminary titie report shows you to be the Owner of the property located adjacent to
Edinburgh Drive. The property is withm the project area; and is also identified by the County
Assessor as Parcel No. 208-112-20-00. The legal description of tiie Parcel under consideration
for acquisition are attached to the enclosed Offer and the proposed Grant Deed, and is referred to
herein as "tiie Parcel."
While staff proposes to recommend the acquisition of the Parcel to the City Council of tiie City
ofCarlsbad for tiiis project, no decision to acquire can be made until the City Council formally
acts to approve this acquisition. Nothing in this letter is meant to pre-commit the City Council or
otherwise limit the options available to the City CouncU. Consequently this offer, if accepted,
and tiie acquisition of the Parcel is conditional upon and reqmres the approval ofthe City
Council.
It is our desire that the Parcel can be acquired amicably, expeditiously, and by negotiation given
the approval of the City CouncU. To tiiis end, Califomia Govemment Code section 7267.2(a)
www.carisbadca.gov
H
^ 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
Mr. Ralph A. Porter
Ms. Darlene French-Porter
RE: Portions of APN 208-112-20-00
July 18, 2014
Page 2
provides that prior to initiating negotiations for tiie acquisition of tiie real property tiiat the City
Council shall:
• Make an offer to the Ovmer of record to acquire the property for the fiiU amount that the
public entity has estabUshed as just compensation;
• Which offer is not less tiian the pubUc entity's appraisal of tiie fair market value ofthe
property; and
• Provide tiie Owner with a written statement of, and summary of tiie basis for, the amount
the City Council estabUshed as just compensation.
The purpose of tiiis letter is to convey tiie attached offer and written statement ofthe basis for tiie
amoimt that the City of Carlsbad has estabUshed as just compensation so that the City of
Carlsbad may initiate negotiations regardmg the proposed acquisition ofthe Parcel.
Govemment Code section 7267.1 provides that a public entity shall make every reasonable effort
to acquhe expeditiously real property by negotiation rather than by litigation in the form of an
emment domain action. Please consider this offer as bemg made in the spirit of avoidmg
litigation, and not as an adnussion of value.
Enclosed herewith is the proposed offer and written statement of, and summary ofthe basis for
tiie amount established as just compensation, together with a proposed grant deed which you will
be asked to sign ifyou accept this offer. After you have an opportunity to consider the offer,
please contact the city's representative in this matter, Dennis Daley at 858 755-5666.
Very tmly yours,
Ronald C. Kemp ^
Assistant City Attomey
Enclosures
SUMMARY STATEMENT ACCOMPANYING GOV. CODE, § 7267.2(a)
OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE
OF REAL PROPERTY OR AN INTEREST THEREIN
The Califomia Relocation Assistance and Real Property Acquisition Guidelines provide that each
Owner fi-om whom the City of Carlsbad purchases real property or an mterest therein, or each tenant
owning improvements on said property, be provided the following information which may or may not
be applicable to your property and this proposed acquisition.
1. You are entitled to receive fiiU payment prior to vacating the real property bemg purchased unless
you have heretofore waived such entitiement. You are not requhed to pay recording fees, transfer
taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to
the passage of title or possession.
2. The City of Carlsbad wiU offer to purchase any remnant(s) considered by the City of Carlsbad to be
an uneconomic unit(s) which is(are) owned by you or, if applicable, occupied by you as a tenant and
which is(are) contiguous to the land bemg conveyed.
3. AU buildmgs, stmctures, and otiier hnprovements affixed to the land described m the referenced
document(s) covering tiiis tt-ansaction and owned by the grantor(s) herein or, if applicable, owned
by you as a tenant are being conveyed unless other disposition of these unprovements has been
made. The mterest acquired is fee simple. The property bemg purchased comprises 0.102 acres and
is described m the attached Deed and outimed m color on the attached map.
4. The amount determined to be just compensation was determined after consideration of an appraisal
ofthe fan- market value ofthe Parcel. The basis for the amount determined to be just compensation
is summarized on the attached Statement ofand Summary ofthe Basis for the Amount EstabUshed
as Just Compensation and such amount:
a. Represents tiie fiiU amount tiiat tiie City of Carlsbad estabUshed as tiie amount which it beUeves
to be just compensation;
b. Is no less tiian tiie fixU amount of tiie public entity's approved appraisal of fair market value for
the property to be purchased;
c. Disregards any decrease or mcrease m tiie fair market value ofthe real property proposed to be
acquired prior to the date of valuation caused by the pubUc improvement for which the property
is to be acquired or the likelihood that tiie property would be acquired for such public
Unprovement, other than due to physical deterioration withm the reasonable contiol ofthe Owner
or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments
or other benefits which the Owner is entitied to receive under an agreement with the City of
Carlsbad.
Ifyou ultunately elect to reject tiie offer of tiie City of Carlsbad for your property, you are entitied
to have the amount of compensation determmed by a court of law m accordance with the laws of the
State of Califomia.
DATED: iM 4lP.X 0^
Assistant City Attomey |
STATEMENT OF THE AMOUNT ESTABLISHED AS JUST COMPENSATION
The amount the City of Carlsbad has estabUshed as just compensation is:
Just compensation of the property proposed to be acquired: $6,700.
Just compensation for damages, if any, to the remaining property: $0.
Attached hereto is a Summary of the Basis for the Appraisal (prepared pursuant to
Califomia Code of Civil Procedure, § 1255.010), which appraisal was used by the City ofCarlsbad
to determme the amount it established as just compensation.
APPRAISAL SUMMARY STATEMENT
Ovmers: Ralph A. Porter and Darlene French-Porter
Assessor's Parcel No.: 208-112-20
Zone: P-C
Present use: Smgle FamUy Residence
Highest & Best Use: Smgle Family Residence
Date of Value: Febmary 11,2014
Total property area considered
for acquisition: 805 Square Feet, 103.5 Square Feet
Access rights acquired: None
Basis of Appraisal. The market value for the property to be acquhed is based upon an appraisal
prepared m accordance with accepted appraisal principles and procedures. Recent sales of
comparable properties, mcome data, and depreciated replacement costs are utilized, as appropriate.
Full consideration is given to zoning, development potential, and the income the property is
capable of producing.
Market Value of Requhed Property $6,700
Amount of Damages to the Remaining Property
due to the proposed acquisition $ -0-
Just Compensation for Acquisition $6,700
This summary of the basis of tiie amount offered as just compensation is presented m
compliance with state law. A copy of formal appraisal which includes supportmg sales data and
other documentation is attached.
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PS Form 3811, July 2013 Domestic Return Receipt
CELIA A. BREWER
CITYATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
CITY OF
CARLSBAD
VIA CERTIFIED MAIL
RETURN RECEIPT REOUESTED
PAULG. EDMONSON
ASSISTANT CITY ATTORNEY
RONALD KEMP
ASSISTANT CITY ATTORNEY
August 11,2014
Mr. Ralph A. Porter
Ms. Darlene French-Porter
4769 Gateshead Road
Carlsbad, CA 92010
RE: Portions of APN 208-112-20-00
Dear Property Owner:
The City of Carlsbad hereby supplements its Offer Letter dated July 18, 2014 as follows:
The City ofCarlsbad will pay the reasonable costs, not to exceed $5,000, of an independent
appraisal ordered by you. The independent appraisal shall be conducted by an appraiser licensed
by the Office of Real Estate Appraisers. The public use to which the subject property is to be put
is scheduled to begin within two years of its acquisition.
Please direct any questions regarding the offer or procedures to our outside counsel, Dennis
Daley at 858 755-5666.
Very truly yours,
MJ2
Ronald C. ] Kemp
Assistant City Attorney
www.carisbadca.gov €^ :— ^ 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
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PS Form 3811, August 2001 Domestic Return Receipt 102595-01-IUI-2509
CELIA A. BREWER CITY OF PAULG. EDMONSON
CITYATTORNEY ^ . _ , —^ _ —«^ ASSISTANT CITY ATTORNEY
CARLSBAD JANE MOBALDI #11 1 l_«^L/#V LJ RONALD KEMP
ASSISTANT CITY ATTORNEY ASSISTANT CITY ATTORNEY
October 29, 2014
Mr. Graham J. Espie VIA CERTIFIED MAIL
4717 Gateshead Road t
Carlsbad, CA 92010
RE: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire
Property by Eminent Domain [California Code of Civil Procedure 1245.235]
Dear Property Owner and/or Tenant:
NOTICE OF YOUR RIGHT TO APPEAR AND BE HEARD:
Please take notice that the City of Carlsbad, at a regular meeting to be held on November 18,
2014; at 6:00 p.m., or as soon thereafter as the matter may be heard, at 1200 Carlsbad Village
Drive, will hold a hearing on whether such a Resolution of Necessity should be adopted, as
required by California Code of Civil Procedure Section 1245.220 for the commencement of an
eminent domain proceeding to acquire real property. If adopted, the Resolution will authorize
the City of Carlsbad to acquire the property interest described herein by eminent domain for
implementation ofthe Glasgow Drive Extension and Improvement Project. A description ofthe
property interest being considered for acquisition is attached to this Notice as Exhibit 1.
You have a right to be heard before City Council ofthe City of Carlsbad at the above scheduled
hearing on the following matters and issues, and to have the City of Carlsbad give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
1. Whether the public interest and necessity require the proposed project;
2. Whether the proposed project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury;
^ www.cr .gov
^ 1200 J Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
Mr. Graham J. Espie
RE: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure 1245.235]
Page 2
3. Whether the property interest sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary forthe proposed project.
4. Whether the offer required by Government Code Section 7267.2(a), together with
the accompanying statement and summary of the basis for the amount
established as just compensation, was actually made to you and whether said
offer and statement/summary were in a form and contained all of the factual
information required by Government Code Section 7267.2(a).
5. Whether the City of Carlsbad has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to
take") to acquire the property interest described herein, as well as any other
matter regarding the right to take said property interest by eminent domain; and
6. Whether the City of Carlsbad has statutory authority to acquire the property
interest by eminent domain.
The statutes which authorize the City of Carlsbad to acquire the property interest by eminent
domain for this proposed project include inter alia California Code of Civil Procedure Sections
1240.010, 1240.110, 1240.120 and 1255.410, Government Code Sections 66462 and 66462.5
et seq.
You are not required to provide written notice pursuant to Code of Civil Procedure section
1245.235(b)(3). Ifyou desire to be heard, you may appear and be heard without giving notice.
(See Code Civ. Proc, § 1245.235(d).)
If you elect not to appear and be heard, your failure to appear may be a waiver of your right to
later challenge the right ofthe City of Carlsbad to take the property interest by eminent domain.
The amount ofthe compensation to be paid forthe acquisition ofthe property interest is not a
matter of issue being heard by the City of Carlsbad at this time. Your non-appearance at this
noticed hearing will not prevent you from claiming greater compensation, in and as determined
by a court of law in accordance with the laws ofthe State of California. This notice is not intended
to foreclose future negotiations between you and the representatives of the City of Carlsbad on
the amount of compensation to be paid for your property interest. Ifyou elect not to appear and
be heard, you will only be foreclosed from raising in a court of law the issues which are the subject
Mr. Graham J. Espie
RE: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [Caiifornia Code of Civil Procedure 1245.235]
Page 3
of this noticed hearing and which are concerned with the right to take the property by eminent
domain.
If the City of Carlsbad elects to adopt the Resolution of Necessity, then within six months of the
adoption ofthe Resolution, the City of Carlsbad will commence eminent domain proceedings in
Superior Court. In that proceeding, the court will determine the amount of compensation to
which you are entitled. ,*
Very truly yours,
mji %^
RONALD KEMP \
Assistant City Attorney
Franklin P. Cuykendall, Esq.
949 Anacapa Street, Suite 104
Santa Barbara, CA 93101
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PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 '
CELIA A. BREWER CITY OF PAULG. EDMONSON
crrY ATTORNEY _ A I Cr% A r\ ASSISTANT CITY ATTORNEY
JANE MOBALDI L.AKLbDAU RONALD KEMP
ASSISTANT CITY ATTORNEY ASSISTANT CITY ATTORNEY
October 29, 2014
Mr. Ralph A. Porter ViA CERTIFIED MAIL
Ms. Darlene French-Porter
4769 Gateshead Road
Carlsbad, CA 92010
RE: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire
Property by Eminent Domain [California Code of Civil Procedure 1245.235]
Dear Property Owner and/or Tenant:
NOTICE OF YOUR RIGHT TO APPEAR AND BE HEARD:
Please take notice that the City of Carlsbad, at a regular meeting to be held on November 18,
2014, at 8:00 p.m., or as soon thereafter as the matter may be heard, at 1200 Carlsbad Village
Drive, will hold a hearing on whether such a Resolution of Necessity should be adopted, as
required by California Code of Civil Procedure Section 1245.220 for the commencement of an
eminent domain proceeding to acquire real property, if adopted, the Resolution will authorize
the City of Carlsbad to acquire the property interest described herein by eminent domain for
implementation ofthe Edinburgh Drive Extension and Improvement Project. A description of the
property interest being considered for acquisition is attached to this Notice as Exhibit 1.
You have a right to be heard before City Council ofthe City of Carlsbad at the above scheduled
hearing on the following matters and issues, and to have the City of Carlsbad give judicious
consideration to your testimony prior to deciding whether or not to adopt the proposed
Resolution of Necessity:
1. Whether the public interest and necessity require the proposed project;
2. Whether the proposed project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury;
www.carisbadca.gov
H
^ 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2891 F 760-434-8367
Mr. Ralph A. Porter
Ms. Darlene French-Porter
RE: Notice of Heanng Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure 1245.235]
Page 2
3. Whether the property interest sought to be acquired by eminent domain and
described in the Resolution of Necessity is necessary for the proposed project.
4. Whether the offer required by Government Code Section 7267.2(a), together with
the accompanying statement and summary of the basis for the amount
established as just compensation, was actually made to you and whether said
offer and statement/summary were in a form and contained all of the factual
information required by Government Code Section 7267.2(a).
5. Whether the City of Carlsbad has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to
take") to acquire the property interest described herein, as well as any other
matter regarding the right to take said property interest by eminent domain; and
6. Whether the City of Carlsbad has statutory authority to acquire the property
interest by eminent domain.
The statutes which authorize the City of Carlsbad to acquire the property interest by eminent
domain for this proposed project include inter alia California Code of Civil Procedure Sections
1240.010, 1240.110, 1240.120 and 1255.410, Government Code Sections 66462 and 66462.5
et seq.
You are not required to provide written notice pursuant to Code of Civil Procedure section
1245.235(b)(3). Ifyou desire to be heard, you may appear and be heard without giving notice.
(See Code Civ. Proc, § 1245.235(d).)
If you elect not to appear and be heard, your failure to appear may be a waiver of your right to
later challenge the right of the City of Carlsbad to take the property interest by eminent domain.
The amount ofthe compensation to be paid for the acquisition ofthe property interest is not a
matter of issue being heard by the City of Carlsbad at this time. Your non-appearance at this
noticed hearing will not prevent you from claiming greater compensation, in and as determined
by a court of law in accordance with the laws ofthe State of California. This notice is not intended
to foreclose future negotiations between you and the representatives ofthe City ofCarlsbad on
the amount of compensation to be paid for your property interest. If you elect not to appear and
Mr. Ralph A. Porter
Ms. Darlene French-Porter
RE: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure 1245.235]
Page 3
be heard, you will only be foreclosed from raising in a court of law the issues which are the subject
of this noticed hearing and which are concerned with the right to take the property by eminent
domain.
If the City of Carlsbad elects to adopt the Resolution of Necessity, then within six months of the
adoption ofthe Resolution, the City of Carlsbad will commence eminent domain proceedings in
Superior Court. In that proceeding, the court will determine the amount of compensation to
which you are entitled.
Very truly yours.
RONALD KEMP
Assistant City Attorney
c: Andrew A. Kurz, Esq.
120 Birmingham Drive, Suite 200
Cardiff by the Sea, CA 92007
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PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509
Issues to be Addressed
Resolution of Necessity
RE: Mr. Graham Espie Property located 4717 Gateshead Road, Carlsbad, CA 92010
1. Public Interest and Necessity
a. I am aware that an incidental private benefit does not disqualify a use as a public
use but it is my understanding that this road widening project is to primarily, if not
wholly, benefit a private gated community. Per the City's stated intentions, the street is
not to remain open to the public and such a public street has not been contemplated by the
City.
b. I also understand that condemnation of private property for most street
improvements and maintenance is a public use per Gov. Code, §40404 but such cases
involve public streets that all members of the public may utilize. That does not appear to
be the facts of our matter as the private development is to be a gated high end scale
residential area. Although I have requested information on affordable housing to be
developed within the gated community, no such facts, percentages, or other information
has been provided.
2. The City has irrevocably committed itself to the taking.
a. I believe that the City has committed itself prematurely. As you know, for
purposes of eminent domain, a resolution of necessity may be found invalid if it were to
be shown that a lack of substantial evidence supporting the resolution of necessity existed
or where the condemner had irrevocably committed itself to the taking of the property
prior to the time of the agency hearing, regardless of the evidence presented supporting a
resolution of necessity. Cal. C.C.P. §§ 1240.030, 1245.255(b). Excavation and other
construction activity has already begun and it is our understanding that the road must be
widened to support the proposed private development.
3. Changing justifications by City as to public purpose.
a. The attorney for the City have provided various and changing justifications for the
taking. The most recent proffered justification is that neighborhoods are required to have
multiple entry points for public safety purposes. Beforehand, the stated justification was
that the street would be for the public.
4. Lack of Legal Authority Supporting any Taking.
a. While existing legal authority relates to the taking of private property for
developments such as large public retail sites such as Costco's, Wal-Marts, Home Depos,
and all the other non-anchor public businesses that follow such large retailers,! am aware
of no authority, even post Kelo, referring to taking private property for a private high end
gated residential development. The 2008 amendments to Article I, section 19 of our
California's Constitution will likely avoid a Kelo type ruling under these facts.
5. Waiver Issues.
The history of this street (per City, irrevocable offer of dedication) and the longstanding
lack of any activity by the City appears to constitute a waiver of any reliance by the City
on such dedication.
6. Due Process issues:
Before adopting a resolution of necessity and initiating negotiations to acquire the property, the
public entity must (1) "establish the amount that it believes to be just compensation," and (2)
make an offer to the owner for that full amount. (Gov.Code, § 7267.2, subd. (a)(1).) The offer
must be based on "the public entity's approved appraisal of the fair market value of the
property." (Ibid.) The requirements of section 7267.2 are mandatory. (City of San Jose v. Great
Oaks Water Co.(1987) 192 Cal.App.3d 1005,1011.). We are still in the process of completing
OIU- appraisal ofany potential taking. Any vote on a resolution of Necessity at this juncture
would be premature particularly given the complexities of the issues present here such as the
characterization of easements, title issues, history of non-activity by City, etc. remainder
valuation issues, highest and best use issues, etc.
Condemnation of Real Property
for the Edinburgh and Glasgow
Drive Extensions and Improvement
Project
Ronald Kemp
Assistant City Attorney
11/18/14
Edinburgh & Glasgow Drive
Extensions and Improvement Project
•The Developer (Toll Brothers, Inc.) of Robertson
Ranch West Village development project (CT11-
01/CT 13-03), is required to extend Edinburgh
Drive and Glasgow Drive.
•These road extensions provide secondary access
to the subdivisions.
•California Fire Code requires the extensions to
maintain adequate access for emergency service
providers and prompt evacuation capabilities for
residents.
Location of Property
3
Edinburgh Dr.
ExtensionGlasgow Dr.
Extension
Robertson Ranch
Development
Description of Property
•City needs to condemn a one foot wide buffer
strip that extends out from each parcel at the
current end of the two streets.
•The buffer strip was created in the subdivision
map for the Colony neighborhood in 1980.
•The buffer strip was dedicated to the city for
future street purposes, but not accepted within
the prescribed 25 year period.
•A temporary easement for slope and construction
purposes is also needed.
4
Edinburgh Drive Glasgow Drive
5
Edinburgh Drive Glasgow Drive
6
Offers to Purchase Property
•The Developer has been communicating with the
owners of the property since August of 2011 in an
attempt to negotiate the acquisition of the required
easements.
•The parties have been unable to come to an
agreement.
•The owners of the properties, were contacted by the
City via certified mail on July 18, 2014, and offered just
compensation for the purchase of the easements
required for the improvements of the two streets.
7
Robertson Ranch West Village
8
Resolution of Necessity
•The decision to acquire the subject property rights through
condemnation must be supported by substantial evidence of
the existence of the three basic requirements :
1.The public interest and necessity require the project.
2.The project is planned or located in a 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 Resolution of Necessity requires a two-thirds
(2/3) vote of the full Council.
9