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HomeMy WebLinkAbout1991-03-19; Municipal Water District; 097; Acquisition of Reservoir Site - Kaiser Property-TMWD - AGENDA BILL -- . . . . AB##a TITLE: DEPT. HO. MTG. 3/19/91 CMWD V. KAISER N44067 - ACQUISITION EEL CITY Al-W DEPT. CA OF RESERVOIR SITE CITY Mm.,* RECOMMENDED ACTION: That the Board adopt Resolution No. 323 approving acquisition of the Kaiser property. ITEM EXPLANATION Before it became a subsidiary, CMWD filed a condemnation action to acquire 2.6 acres of property north of Aviara from Mr. Kaiser for a reservoir site. The project is a part of the District's approved master plan and the property Will be used to construct additional reservoir tanks immediately adjacent to the District's existing facilities. The difference of ,opinion on value which existed between the District and the property owner has now been resolved by jury which determined that fair market.value was $497,500 or $188,447 per acre. Considering the possible severance damage issue the verdict is "in the ball park" with the $175,000 per acre price paid by the City for similar property in the area for the Alta Mira Community Park. Although the verdict exceeds our appraisal and there are some grounds for a possible appeal the City Attorney, City Manager and District Manager all agree that further legal proceedings are not cost effective. As explained in the fiscal impact section the necessary funds are available. A portion of the price has already been deposited by the District and withdrawn by Mr. Xaiser. The remaining principal amount with interest necessary to complete the acquisition is $319,090.2 The recommendation is that the Board adopt Resolution No. approving the acquisition of the property and authorizing expenditure of the necessary funds. FISCAL IMPACT The 1990-91 Capital Improvement Plan includes an expenditure of $2,770,000 for site acquisition, design and construction of the first of two 8.5 million gallon storage reservoirs adjacent to the existing "D" reservoir site. Obligations to date are $497,500 for site acquisition and $107,910 for design. These two expenditures total $605,410. The remaining balance for this project is $2,164,590. This action requires an appropriation from the District's Major Facilities Charge Fund of an additional $319,090 for the remaining balance needed for site acquisition. Therefore, there are sufficient funds available for this expenditure. EXHIBIT Resolution No. 3a3 1 ; f 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. 727 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRIST APPROVING THE ACQUISITION OF THE KAISER PROPERTY WHEREAS, the City Attorney, City Manager and General Manager of the Carlsbad Municipal Water District join in recommending that the Board of Directors approve the acquisition of the Kaiser property in CMWD v. Kaiser, Case No. N44067, NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District, Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Board of Directors authorizes the 1 appropriation of $319,090.20 from the District's Major Facilities Charge Fund to fund such acquisition. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of March 1991, by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton NOES: None ABSENT: None ATTEST: ary (SEAL) - ,4 JENNINGS, ENGSTRAND & HENRIKSON A P~OFEss10N*L LAW CORP*RATION 501 WEST 8ROAOWAY JE*N E. S*.RIPE*. WILSON A. SCnOOLEY DEARING 0. ENGLISH NANCY FULLER.JAC08S KEVIN 0. B”SH SUSAN C. STEVENSON ROBERT c. nlW*INS PITP1ICIA JO CUSTER S-ELDON A. WILENSRY WCTOR HIZRACkt, KERN A. SUCK LISA TORRES SUSAN *. WEIVEF) P*UL* N. GRAHAM LINDA J. “OOVER fiNDREW L. ~O*LOWS~l r(ELLI LYNN CHN?LES L. STOTT KAREN M. STUCKEY GENE ROMAN SHEILA O’n*RE LItdo* P. LUt*L SRUCE 0. POOLE JOHN M. APPELBAUH ROSS w(. HYSLOP FR*Ns A. “(1GGlNS JORDAN 0. WARSh+AW STEPl.lEN 0. LIPKIN SUITE ,400 SAN DIEGO. CALIFORNIA 92101 April 16, 1991 .,.‘. ,I ” ‘i-. FA -3 i ‘, c ‘i r r’ i , 4 ;_ ‘. - : .: w. +I. JENNINGS ~e9s-l%s3 - LEO P.S. “ENPIKSON OF COU*ISEC HON. JbWES L. FOC*T OF COUNSEL n. KENNETH BRANSON OF COUNSEL TELEPHONE (619) 557-7600 FAX: (elo) 557-77.30 WRITER’S DIRECT LINE: >(619) 557-7267 Mr. Vincent Biondo, Jr. City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, Re: CA 92008 V Ca lsbad Mun'ci al Water 1 San Diego County Superior Court Case No. N 44067 Dear Mr. Biondo: Enclosed please find a copy of the Final Order of Condemnation and Judgment in Condemnation After Jury Trial recorded on March 20, 1991, Recorder's File Nos. 91-0123077 and 91-0123078, respectively. We are forwarding these documents to you for keeping with the City of Carlsbad's records inasmuch as they evidence ownership in the property acquired through condemnation. Should you have any questions regarding this matter, please contact the undersigned at your convenience. Very truly yours, JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation Ld- w Bruce W. Beach BWB:EJ Enclosures CA:\biondo) After recording, please return to: -., /_ /I i *i _I- dW.Ll ..L,--;,:? - - _ _-- ,.---; -.I -,;+;L _ ,.‘&, ,,,;!. -:-,--:.- Bruce W. Beach JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation 501 West Broadway, Suite 1400 San Diego, California 92101 (619) 557-7626 _-. .-*-: _*- _i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH CARLSBAD MUNICIPAL WATER 1 Case No. N 44067 DISTRICT, ; Plaintiff, 1 JUDGMENT IN CONDEMNATION i AFTER JURY TRIAL [Code of V. Civil Procedure §I 1235.130, 1 1260.210, 1260.230, 1268.010] GILBERT J. KAISER and MARY ANN ) KAISER, Trustees of the KAISER ) FAMILY TRUST; and DOES 1 i (PARCEL NO. 1) through 20, inclusive, (One Parcel) 1 Defendants. 1 This cause came on regularly for trial on December 7, 1990, in Department G of the above-entitled Court, the Honorable Franklin J, Mitchell, Jr., Judge presiding. Plaintiff Carlsbad Municipal Water District appeared by Jennings, Engstrand & Henrikson, by Bruce W. Beach: Defendants GILBERT J. KAISER and MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST appeared by Al J. Tarvyd, attorney of record. A jury was impaneled and sworn to value the real property sought to be condemned and described as Parcel No. 1 in paragraph II - 1 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 1786 III of the complaint herein. Witnesses on the part of both plaintiff and defendants were sworn and examined. Both oral and documentary evidence were introduced on behalf of the respective parties and, the evidence having been duly taken and heard, the cause was argued by counsel of the respective parties. After being instructed by the Court as to the law of the case, the jury retired to consider their verdict, subsequently returned to Court after being called, and duly rendered their II verdict in writing, and words and figures as follows: We, the jury in the above-entitled case, find the fair market value of the property condemned as of June 19, 1989 to be the sum of $497,555.00. DATED: December 14, 1990 /s/ Janice L. Wriaht FOREPERSON It appearing to the Court that the use to which the property sought to be condemned and taken is a public use authorized by law, and.that the taking of the property is necessary for the use: It further appearing to the Court that on June 19, 1989, the /I sum of $222,500.00 was deposited into Court by plaintiff as the amount of probable compensation pursuant to Code of Civil Procedure sections 1255.010 through 1255.080, and subsequently withdrawn on or after September 11, 1989. It further appearing to the Court that, pursuant to an Order of Possession, plaintiff was authorized to take possession of the real property described in its complaint on August 10, 1989. 'WHEREFORE, by virtue of the law, and by reason of the property previously described, /// -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 1787 IT IS ORDERED, ADJUDGED AND DECREED that: 1. Upon payment of the balance of the condemnation award (the difference between the jury verdict of $497,555.00 and the court deposit withdrawn of $222,500.00, plus interest provided by law on this amount from August 10, 1989, until deposited with the Court and interest on $222,500 from August 10, 1989 to September 11, 1989, as provided by law) for the benefit of defendants GILBERT J. KAISER and MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST, the real property described in plaintiff's complaint shall be condemned in fee for the uses and purposes described in the Complaint, to wit: A water reservoir site; and all interests of defendants in and to said real property shall be terminated. 2. The real property condemned is legally described in Exhibit "A" attached hereto. * 3. The fair market value of the real property described as Parcel No. 1 as determined by the jury was the sum of $497,555.00 on June 19, 1989, the date of valuation. 4. The above-described property is hereby taken and condemned in fee for a public use by plaintiff Carlsbad Municipal Water District for the uses and purposes described in the complaint. 5. Payment of the balance of the condemnation award in the sum as to be calculated and stated in paragraph 1, plus interest thereon as permitted by law, shall be made and transmitted as follows: 'lqGilbert,J. Kaiser, c/o Al J. Tarvyd" 530 "B@* Street , Suite 900, San Diego, CA 92101 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 6. Defendants shall be entitled to their costs of suit /I incurred herein in the sum of $ . IT IS FURTHER ADJUDGED, ORDERED AND DECREED that on payment of the sum of $497,555.00 plus interest thereon, as provided by law, plaintiff shall be entitled to and the Court shall make a final order of condemnation in the manner provided by law, which II final order of condemnation shall describe the property condemned and identify the judgment authorizing the taking. Dated: FEB 25 1991 ,- --y;qfl j. m m JUDGE OF THE SUPERIOR COURT APPROVED AS TO FORM: JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation By: BRUCE W. BEACH i Attorneys for Plaintiff Carlsbad Municipal Water District /d /-d ALJ. TARVYD v Attorney for Defendants Gilbert J. Kaiser and Mary Ann Kaiser, Trustees of the Kaiser Family Trust The foregoing i*fnen? k a full, true and correct crpy of the ofight c:t iA:+ iv :k ofiitce. CC:\099\txdb\carlsbdjud) ,? . - : .__,_____ -.FEB .L5Wi ---- -.--a. 9-r. ” ? .-.!.I -_ * ..,. -’ , . ;. .‘. , .-; ,. :-:. :‘: c. . f ,..i& -.; I -5 ‘,.~~,‘!‘.I~‘- . ..‘. <I,, ..i _ . . ..a -.. *-..‘:I. , ., ..: .12x :; b4~l,tmi:3. I: ,?a; 5:. , :I.(; Y,; I.. ->. 1, :’ .,; ‘1 C-G., .:..I.& 178s -4- 6’ . . -- . EXHIBIT 'A" - - CAdL80AD MUNICIPAL WATER DISTRICT TANK SITE ACQUISITION LEGAL DESCRIPTION Parcel No. 1 That portion of the North Half of the 6outhwest Quarter of the Southeast Quarter of Sectlon 22, Township 12 South, Range 4 west, Scn Bernardino Meridian, located in the City of Cartsbad, County of San Diego, State of Cnllforn~a, according to Official Plat thereof, more particular.ly described as follows: The Westerly 544 feet of the North Half of the Southwest Quarter of the Southeast Qunrter of said Section 22. . . EXCEPTING THEREFROM the following described land: .BEGINNfNG at the,South Quarter Corner of said Sectlon 22: thence Northerly along the North-South centerlfne of said Section North 2[18’65” Ee?st 1041.37 feet to a point designated as Point "A" . -: '3 for the purposes of t;is description, said Point "A" also being 1 the TRUE POINT OF BEGINNING; thence South S3[55'47" Eest 250,oo : j f.eet ; thence South 0[04’?3” West to the South fine of said North . Half of the Southwest Quarter ef the Southeast Quarter of 6ald Section. 22; thence Westerly .along Eaid South line to the Southwest corner of said North Half; thence Northerly along said North-South csnterline of Sectfon 22’ to the TRUE POfNT OF BEGINNING. ALSO EXCEPTING THEREFROM all that portion of the above described lE]tnd lying N,ortherly of the following described line: BEGINNING at the above described Pofnt ,A"; thence South 89155'47" Ea6t 642.82 feet; more or less, to a point on the East fine of said Westerly 644 feet of the North Half of the Southwest Quarter of the Southeast Quarter of 6aid Section 22, said point being the point of termfnus for this line. * The above desctibed land contains 3.65 GCTB~, more or ‘less. . L . RSQOErnDrn .,I 7 8 0 After recording, please return to: Bruce W. Beach JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation 501 West Broadway, Suite 1400 San Diego, California 92101 (619) 557-7626 _ _ _ _ _ _ -, - _ _ _ , .a2 . . . _ __ - -,$vc -‘_’ i-.2> ,i,.;“..,;~ _ _ _L__ ,4 ., L Y .4 ‘,i---- - -- .- . iii,:; j i; _ i:’ -., i ,,7 .d, ,A:: ‘,:,;:,:‘. __._ 1 iLL _/ . _ a 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 - - SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH CARLSBAD'MUNICIPAL WATER DISTRICT, Case No. N 44067 Plaintiff, FINAL ORDER OF CONDEMNATION V. ; 1 (PARCEL NO. 1) GILBERT J. KAISER and MARY ANN ) (One Parcel) KAISER, Trustees of the KAISER ) FAMILY TRUST; and DOES 1 1 through 20, inclusive, Defendants. FEB 25 1997 On- -, 159%-, the Court made and entered its Judgment After Jury Trial against defendants GILBERT J. KAISER and MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST, whereby the Court adjudged and decreed the amount of just compensation and damages to be paid by plaintiff for the condemnation and taking by plaintiff of Parcel No. 1. It appearing to the Court that plaintiff has made all payments that are required by law or orders or judgments or II - l- . 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 28 178’2 decrees of this Court, and that this is not a case where any bond need be given; and The Court having considered the law and the property being acquired, and good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED: 1. There is hereby taken and condemned by plaintiff Carlsbad Municipal Water District the fee title in and to the real property hereinafter described and designated Parcel No. 1. 2. A certified copy of this Final Order of Condemnation be recorded in the Office of the Recorder of the County of San Diego, State of California, and thereupon there shall vest in plaintiff Carlsbad Municipal Water District the hereinabove described and designated Parcel No. 1. 3. The plaintiff Carlsbad Municipal Water District took possession of the hereinafter described parcel of real property, P pursuant to an Order for Possession dated June 19, 1989, with possession effected on August 10, 1989. 4. The parcel of real property referred to hereinabove and described in plaintiff's complaint and therein. designated Parcel No. 1 is situated in the County of San Diego, State of California, and is described in Exhibit "A" attached hereto and incorporated herein. FEB 25 1991 Dated: JUDGE OF THE SUPERIOR COURT . CC:\099\bwb\carisbad.focl The fbnsdW hbnent is a full, true’and correct COPY of th! original on file in. this Office. Cf;;:: (,I f. "1! .;:.:c<;, I .: !' in ;iiJ :; ; I.'- ^ .\ O';fi i;f i',.? $;ate of California. L ., , : I *:::Ti;; 21 &n ;j,zo. -5 - 2 L,. 8:,,, )*..,=- 4 . -’ ‘&JH% -178L - EXHXBiT 'A" _ - . CAI~L~BAD MUNICIPAL WATER DIS'I~~ICT l .’ TANK SITE ACQUISITION -? LEGAL DESCRIPTION Parcel No. 1 That portion of the North Half of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, located in the Cdty of Curlsbad, County of San Diego, State of Californja, according to Official Plat thereof, more particularly described es fo'llows: The Westerly 544 feet of the North Half of the Southwest Quarter of the Southeast Quarter of s&id Section 22. . . EXCEPTING THEREFROM the following described land: . .BEGfNNING at the.South Quarter Corner of said Section 22; thence Northerly along the North-South centarline of said Section North 2[18'55" East 1041.37 fest to a point designated as Potnt “A” -- ) for the pUrpOS8S of this description, said Point “A” also beins ! i the TRUE POINT OF BEGINNING; thence South 89[55'47" East 250,OO i feet; thence South 0[04'13" West to the South line of said North Half Of the Southwe8t Quarter of the Southeast Quarter of said Section. 22; thence Westerly .a1 on5 said South ilne to the Southwest corner of said North Half; thence Northerly along said North-South center? ins of Section 22" to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a71 thert portion of’the above described lzgnd lying N.ortherly of the foiiowing described line: I i -I BEGINNiNG st the above described Pcfnt "A"; thence South 89[55 '47" East 642.62 feet ,. more or less, to a point. on the East fine of said Westerly 644 feet of the North Half of the Southwest Quarter of the Southeast Quarter of said Section 22, said point being %he point of terminus for thi6 line. . The ebove described land contains 7.55 adrae, more or less. .