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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: 2 of 7 JAN 81 t995 mt:m¥1 14, 1 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 4of7 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~ 7 of 7 JAN 31 7995 I'T,~_.~2 14. 1