Item 14.1 - Authorization for Acquisition of Right of Way RBG Properties AGENDA REPORT SL.~I~L4RY
TO: Honorable Mayor and Members of the City Council ~
Honorable Chairman and Members of the
Redevelopment Agency
James L. Bowersox, City Manager/Execuj~)
FROM:
Director
INIT/u~TED BY: John D. Fitch, Assistant City ManageJ~)/~
Mark S. Weston, Director Engineeri~ Service~
Alan F. Schuler, Senior Civil Enginee~
~ 1~
DATE: January 31, 1995
SUBJECT: Authorization for Acquisition of Right of Way and Mitigation Land -
RGB Properties - 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 APN 323-080-02. 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 323-080-02 from RGB Properties for $783,300.00.
ACTION
1 of 7 ,JAN 31 1995 ~EM 14,1
- AGENDA REPOR
CITY OF POWAY
This report is included on the Consent Calendar. There mil be no separate discussion of the reI:x~r~ pnor to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately, If you wish to have this repor~ pulled for discussion, please fill out a slip ind[catlng the report number
and give it to the City Clerk pdor to the b~jinning of the City Council meeting.
1['0: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Oir~
INITIATED BY: JM;hr~ D~. F~te;ht,on~S;i ;te:~torCiotfYEMn;~;ge;ri~Servi ces~
Alan F. Schuler, Senior Civil Engineer~
DATE: January 31, 1995
819BJECT: Authorization for Acquisition of Right of Way and Mitigation
Land - RGB Properties - Scripps Poway Parkway East
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 APN 323-080-02 {Exhibit 1) is 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 habitat
mitigation value of this parcel and the disruption of the access easement that
is anticipated with the Parkway construction, staff proposed to purchase the
parcels outright. In order to consummate a sale of the entire 80+ acres, the
owners agreed to a discount of the appraised price, subject to City Council
approval {Exhibit 2).
This tentative agreement is subject to the following conditions:
ACTION:
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Agenda Report - Authorization for Acquisition of Right of Way
and Mitigation Land: RGB Properties - Scripps Poway Parkway East
January 31, 1995
Page 2
1. Except for the g.87 acres required for the Scripps Poway Parkway
right-of-way, the balance of the acreage (70.47 acres) will remain
as natural habitat resource area.
2. The City of Poway shall have the right to convey the 9.87 acres of
right-of-way to the County of San Diego.
3. In the event the City of Poway conveys any portion of the
remainder property, within ten years, at a price in excess of
$10,000 per acre, the Grantor, its successors or assigns shall
have a right to the excess proceeds.
4. In addition, RGB properties will be granted four acres of
mitigation offset credit for the two acres of habitat impact on
Tentative Parcel Map #93-01 in exchange for a $20,000 reduction in
the City's purchase price.
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 remaining portions of the parcel is valid
habitat mitigation land that is necessary for mitigation of impacts associated
with the construction of Scripps Poway Parkway East. The agreed-upon price is
representative of the current market value of the property.
F_LSCALIMPACT
Funds for this project have been budgeted with the overall improvement program
for Scripps Poway Parkway East.
This authorization is not subject to CEQA review.
JAN :)1 1995 I'I'EM 1 ~- . 1
3of7
Agenda Report - Authorization for Acquisition of Right of Way
and Mitigation Land: RGB Properties - Scripps Poway Parkway East
January 31, 1995
Page 3
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the
acquisition of APN 323-080-02 for $783,300.00.
Attachments:
Exhibit 1 - Map of Properties
Exhibit 2 - Offer Letter
JAN 311995 I'/EM 1~-. 1
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JANMAC, INC. w. co T. sum
EXPROPRIATION CONSULTAb~S (Slg)a~l-1402 FA~6~,~)
January 19, 1995
RGB PROPERTIES
rdo Mr, & Mrs. GERALD BURGR.EEN
8000 SHIR MAR PLACE
EL CAJON, CA 92021-1.342
Re: R/W ISRGB (APN 323-080-02)
lh'ojea: CITY OF POWAY / RIGHT-OF-WAY REQUIREMENTS
SCRIPPS POWA¥ PARKWAY
Location: Easterly Ex~ension of Scripps Poway Parkway to SR 67
Situs: POWAY, CA
Vesting: RGB PROPERTIES, A GENERAL PARTNERSHIP
Subject: Purchase of APN 323-080-02 (Full Taking)
Negotiated Settlement
Dear Mrs. Bu~green:
As a follow-up to our meeting on January 1 I, 1995, and my telephone conversation with you on
January 13, 1995, and my ~elephone conversation with Robert Paaborg this date, it is my unde~-
standing that RGB PROPERTIES, a General Parmership, is willing to convey its emire 80.33 acre
ownership (APN 30-.3-080-02) to the CITY OF POWAY for a total consideration of $803,300 subiecl
to the following terms and condition.s:
1. Except for the 9.87 acres required for the Scripps Poway Parkway right-of-way, the balance
of the acerage (approximately 70.47 acres) will be maintained by the City of Pov.'ay as a
natural habitat resOurCe area.
2. The City of Poway shall have the right to convey the 9.87 acres of right-of-way to the
County of San Diego.
3. The City of Poway shall have the right to convey all or portions of the remainder property to
others for habitat mitigation purposes with the provision that any area so conveyed will be
maintained as a natural habitat resource area.
4. In the event the City of Poway conveys any portion of the remainder property at a price in
excess of $10,000 per acre, the Grantor, its successors or assigns shall have a right to the
excess proceeds. This right to excess proceeds shall expire ten (10) yeaZs fr® the recording
dare of the G~ant Deed conveying said 80.33 acres.
Exhibit 2 JAN rrs
Re: R/W ldRGB Janum7 19, 1995
It is ~]so my mude~smnding ~mt you may wi~ to u~ilke four (4) a~ of ~ remamde~ p~c~ ~ a
mitigation ~t for yo~ Tie~ Bonita p~ccl ~p, ~ you may ~ow, ~e mitila~io~ o~ for
p~cel ~p ~ b~ on a 2 ~ I ~tio. If you ~ose this opti~, ~e $803,3~ p~a~ ~ ~ be
r~u~ ~ $20,~, ~er ~an a $~,0~ r~uclion, ~ ~ o~t ~ ~e ~e~ ~ta ~c~ ~p
space waiver. Y~ d~ion rc~d~g ~e mitigation o~et m~t be made prior to ~e ~ of ~w.
~e pro~ed p~ase of ~e ~tire RGB PROPER~ p~cel for public pu~ sh~ ~clude. but
no~ necessa~ly ~ ~mited, to ~e follow~g ~e~s md ~nditions:
1. ~ ~crow wiU ~ opted ~m~iately wi~ S~W~T ~ ~MP~ OF S~ D~
~ou~ which subje~ pro~ ~ ~ eonvey~ by ~t deed to ~e C~ OF ~WAY ~ee ~d
dear of ~y and ~I ~e~, en~mbr~c~, options, ~d le~ehold ~ter~ts for a total ~nsidera~on of
$80~,300.
2. ~e pro~e~ related to ~e put~a~ of ~id pm~ may be subje~ to ~ym~t d~
~un~ rexes, asse~ment ]ie~, fede~l md state mx li~s, ~edit~ jud~enm ~d ~e~ ~
dee~ ~ ~e~ion wi~ obtai~g ~ee md clot title.
3. ~e CiU of Poway will pay all ~i~ble incidental ex~ ~%~led wi~ ~e e~ow ~ing
~c]ud~8 ~e pr~ing of lien releases, ~[l t~onveyan~ ~d ~e ~st of a Poli~ ~ Title
4. ~e p~o~ed ~quisition is SUbje~ to me CiW ~ Poway reviewing ~e ~el~ Title
U you have my qu~tio~ rag~g ~e pto~ negotiated ~ttl~t, ple~ ~11 me or M~k S.
Weston, Di:ectot of ~n~neer~g ~mi~s, City of Poway, at (619)679-4351.
V~y ~y yo~,
W.L. MacF~rlan~,
Expropriation ~ult~t m
M~k S. Wes~n, P.E, City of Poway
~an Schuler, P.~., City of Poway
S~phen M. ~s, ~ty A~omey, City of
Michael ~ ~, P.~., Boyle ~ng~e~g ~tp~ation
~an M. W~son, MAI
Ro~ ~aa~tg, ~ne:al Pa~ne~
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