Item 13 - Authorization for Acquisition of Right of Way Mr & Mrs Robert Williams AGENDAREPORT SUMMARY _
TO: Honorable Mayor and Members of the City Council ~
~- Honorable Chairman and Members of the
Redevelopment Agency
FROM: James L. Bowersox, City Manager/Execut~~;)
Director
INITL4,TED BY: John D. Fitch, Assistant City Manager~¥ ~
Mark S. Weston, Director of Engineerin~ Services/fln~
Alan F. Schuler, Senior Civil Engineer~l~
DATE: January 31, 1995
SUBJECT: Authorization for Acquisition of Right of Way and Mitigation Land -
Khoury et.al, and Mr. and Mrs. Robert Williams -
Scripps Poway Parkway East
ABSTRACT:
The Scripps Poway Parkway East project is progressing on schedule. In order to acquire
a portion of the rights of way, easements, and mitigation lands for the construction of
the roadway, staff is proposing acquisition of APNs 324-011-08, 10, & 12. It is
recommended that the City Council/Redevelopment Agency approve acquisition of these
parcels.
Funds for this project have been budgeted with the overall improvement program for
Scripps Poway Parkway East.
ENVIRONMENTAL REVIEW
This authorization is not subject to CEQA review.
ADDITIONAL PUBLICNOTIFICATIONAND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the acquisition of
APN 324-011-08 from Khoury et. al. for $479,800.00 and APNs 324-011-10 & -12 from the
Williams' for $230,400.00.
ACTION
1 of 8 JAN 811995 ~,~ 1~
---- AGENDA REPOR-
CITY OF POWAY
This report is included on the Consent Calendar. There wiU be no separate discussion of the report prior to approval by the
City Council unless mem]~-~'of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a s;ip indicating the report number
and give it to the City Clerk pbor to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dir~x~)
INITL4~TED BY: John D. Fitch, Assistant City Manager~
Mark S. Weston, Director of EngineeriE9 Services,,~4
Alan F. Schuler, Senior Civil Engineer .J~. "
DATE: January 31, 1995
SUBJECT: Authorization for Acquisition of Right of Way and Mitigation
Land - Khoury et.al, and Mr. and Mrs. Robert Williams -
Scripps Pogl~y Parkway East
BACKGROUND
The Scripps Poway Parkway East project is progressing on schedule. Final plans
are nearing completion. City staff and our Expropriation Consultant, JANMAC,
Inc., have been negotiating with property owners along the Parkway for rights
of way, easements, and mitigation lands necessary for the construction of the
Parkway. Several parcels have been acquired.
Some of the land required is in the County of San Diego. The County Board of
Supervisors, on January 10, 1995, granted Poway, as the lead agency on this
project, the right to acquire rights of way and easements within their
jurisdiction for the Scripps Poway Parkway.
A portion of APNs 324-011-08 and -10 {Exhibit 1) are required for construction
of the Parkway. Alan M. Wilson has prepared an independent appraisal of the
value of the taking and the impacts associated with the Parkway. Due to the
excellent habitat mitigation value of these parcels and the disruption of
access easements anticipated with the Parkway, staff proposed to purchase the
parcels outright. Mr. and Mrs, Williams offered, in addition, their nearby
parcel, APN 324-011-12. All of the owners agreed to a discount of the
appraised price based on full acquisition. Offers, subject to City Council
approval, were made through William L. MacFarlane, JANMAC, Inc. (Exhibits 2 &
3).
ACTION:
2 of 8 JAN 3 1 1995
Agenda Report - Authorization for Acquisition of Right of Way and Mitigation
..... Land - Khoury Et.A1. and Williams
Scripps Poway Parkway East
January 31, 1995
Page 2
Benefit Resolutions No. 94-071 and No. R-94-12 for this project were certified
by the City Council/Redevelopment Agency on June 8, 1994.
These easements and rights of way are necessary for the construction of
Scripps Poway Parkway East. The remainding portions of the three parcels are
valid habitat mitigation land that is necessary for mitigation of impacts
associated with the construction of Scripps Poway Parkway East. The agreed-
upon prices are representative of the current market value of the properties.
FISCAL IMPACT
Funds for this project have been budgeted with the overall improvement program
for Scripps Poway Parkway East.
ENVIRONMENTAL REVIEW
This authorization is not subject to CEQA review.
ADDITIONAL PUBLIC NOTIFICATIONAND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the
acquisition of APN 324-011-08 from Khoury et. al. for $479,800.00 and APNs
324-011-10 & -12 from the Williams' for $230,400.00.
Attachments:
Exhibit I - Map of Properties
Exhibit 2 - Khoury Confirmation Letter
Exhibit 3 - Williams Confirmation Letter
JAN 311995 I]'~j~ 13
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JANMAC, INC.
~ROP~ON CONSULT~
Decker 19. 1994
Mr. MICHAEL A. NEWHOUSE. ct al.
125 S, GRAPE STREET
ESCONDIDO, GA 92025
Re: R/W 09NEWH (APN 324-011-04
Project: CITY OF POWAY / RiO~-IT-OF-WAY REQUIREMENTS
Scripps Poway Parkway
Location: Easterly Extension of Scripps Poway Parkway to SR 67
Situs: POWAY, GA
Vesting: KENNETH A. KHOURY AND LUCILLF.. F. KHOURY, HUSBAND AND WIFE, AS
COMMUNITY PROPERTY, AS TO AN UNDIVIDED 1/2 IN't ~'RF.~T AND ROSE
LOCFIMANN AND MICHAEL A. NEWHOUS£, TRUSTEES UNDER TRUST
AGRI~EME31'r DATED MAY 8, 1991. AS TO AN UNDIVIDED 1,.2 IN
Subject: Agree. mant to Purchase (Full Takins)
APN 324-011-04
Dear Mc. Newhouse:
As a follow-up to Our telephone conversation on I:~m~r 16, 1994, l wish to confirm your
agreement to coavey yOU~ entire parcel (APN 324-011-04) ~ncompaasing approximately 47.98 acres
for a total considaration of $479,800. This purehase prica was calculated on the basis of $10,000 per
acre.
The proposed purchas~ of your properly for public purposes shall include, but not necessarily b~
limited, to th,, following terms and conditions:
1. An 'escrow will b~ Ol~ned with STEWART TITLE COMPANY OF SAN DIEGO through
which subjec~ properly will b~ conveyed by grant deed to lhe CITY OF POWAY free and cie. ar of any
and all lie~, encumbrance, options, and leasehold interesta for a total consideration of $4?9,800.
2. The proceeds related to the purchase of Mid properly may bc subjcc~ to payrneat demands for:
county ~axes, as$¢ssmant liens, federal and statu tax liens, creditor jud~nents and beneficiaries of ~rust
deeds in conneclion with obtaining flee and clear title.
3. The City of Poway will pay all eligible incid~nt',g expen~ associated with ~he escrow closing
including the processing of lien releases, full reconveyance,,s and the cost of a Policy Of Title
Insurance.
5 of s EXHBIT 2 JAN 3 1 1995
Re: RF~ 09bQ~"k'H December 19, 1994
4. The proposed acquisition is subject to the City of Poway reviewing the Preliminary Title
Report, signing tho~.scrow instructions and accepting the c~nveyance document.
If you have aay questions regarding the terms of the acquisition proposal, please call me or Mark $.
Weston, Director of Engineerin$ Services, City of Poway, at (619)6'79-4351.
Very truly yours,
W.L MacFaflane,
,~xpropdation Consultant to
~ CITY OF POWAY
Mark $. Weston, P.E, City of Poway
Nan Schuler, P.E., City of Poway
Stephen M, Eckis, City Attorney, City of Poway
Michael R. Crull, P.E., Boyle Engineering Corporation
Alan M, Wilson, MAI
2 (~ ~,~l~lette~091~wI'103)
6 of 8 JAN :~ 1 1995
Decembc~ 19, 1994
Mr. & Mrs. ROBERT E. WILLIAMS
14318 ADELFA DRIVE
LA MIRADA, CA 90638-4002
Re: R/W 10WILL (A~N 324-011-08/10)
Project: CITY OF POWAY / RIGHT-OF-WAY P~OUIREMENTS
Scripps Poway Parkway
l.~cation: Easterly Extension o~ Scripps Poway Parkway to SR 67
Situs: POWAY, CA
Vesting: ROBERT E. WILLIAMS AND Z.MtRAH L. WILLiAMS, HUSBAND AND WIFE
AS JOINT TEN,~,TTS
Asxccment to P~chas~ (Full Taking)
APN324-0 ! 1-08~.0
Dear Mr. & Mrs. Williams:
As a follow-up to our telephone conversation on D~cembcr 14, 1994, I wish to confirm your
agreement to convey your entire paxcah (APb[ 324-011-08/10) encompassing approximately 23.04
acre~ for a total consideration of $230,400. This purcha~ pric~ was calculated on the basis of
$I0,000 pM aero.
The proposed purchas~ of your proI:~rt~ for public purpos~ shall include, but not nec~atily be
Iimit~d, to the following ~erms and conditions:
1. An escrow will be opened with STEWART TITLE COMPANY OF SAN DII~GO through
which subject property will be conveyed by grant deed to the CITY OF POWA¥ fxee and clear of my
and all liens, ~cum~'ances, op~on~, md leasehold interests for a total consideration of $230,400.
2. The proceeds related to the purchase of said property may be subject to payment demands for:
county ~axe~, as~essraent liens, federal md state tax liens, creditor judgments and beneficiaries of trus~
deeds in connection with obtaining free and clear title.
3. The City of Poway will pay all eligible incidental ~pens~ associated with the ~cxow clo~ing
i~duding the proc¢~in$ of lien relea..~s, full reconveyancas and the cost of a Policy Of Title
I~surance.
JAN 3 1 1995
7 o~ a EXHIBff 3
' Re: ~ IOWILL D¢ccmb=r 19, 1994
4. The proposed acquisition is subject to the City of Poway reviewing the Preliminary Title
RcporL signing ~_~C'tOw instructions and accepting the conveyance document.
If you have any questions regnrding the terms of the acquisition proposal, please call me o~ Mark S,
Weston, Director of E~gineering Services, City of Poway, at (619)679-4351.
Very truly yours,
W.L.
Expropriation Consultant to
THE CrrY OF POWAY
WLM/wp
~dosures
M~k ~, W~mn, P.E, Cffy of Poway
~an Schuler, P,E., Ci~ of Poway
Steph=n M, Eckis, Ci~ A~om=y, City af Poway
Micha=l R. ~uU, P,E., Boyl= ~neer~g ~rpo~tion
JAN 311995 ITE
(p~way sppLlen~.l OWILLO4)
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