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Item 27 - Authorization for Acquisition of Right of Way/Mitigation Land Doris Schreiber AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Execu~ Director INITIATED BY: John D. Fitch, Assistant City Manage~)~r Mark S. Weston, Director of Engineering Services ~#~ Alan F. Schuler, Senior Civil Engineer~ ?, February 28, 1995 SUBJECT: Authorization for Acquisition of Right of Way and Mitigation Land - Doris Schreiber - 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 324-070-04. It is recommended that the City Council/Redevelopment Agency approve acquisition of this parcel. 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 NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the acquisition of APN 324-070-04 from Doris Schreiber for $70,000. ACTION 1 of 6 FEB 28 1995 I~EM 27 ~ -- AGENDA REPORt; CITY OF POWAY This report is included on the Consent Calendar. l"nere will be no sedarate dis~ion of the repor~ prior to appr~vat b~ the C~ty Counc,l unless members of the Council, sta~ or public request it to be removed from the Consent Calendar and discussed separatehy. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk pdor 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 Bowersox, City Manager/Executive Dire~~) FROM: James L. INITIATED BY: John D. Fitch, Assistant City ManagefC~j(' Mark S. Weston, Director of EngineeringV Services~7~ Alan F. Schuler, Senior Civil Engineer~ DATE: February 28, 1995 SUBJECT: Authorization for AcquisitioR of Right of Way and Mitigation Land -Doris Schreiber ~ Scripps Poway 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 constructiod 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 I0, 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 324-070-04 is requireJ for realignment of Rio Maria Road to make a safe intersection with the new 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 fact that the realigned Rio Maria Road severs this property, they have recommended a full taking. An offer was negotiated, subject to City Council approval, through William L. MacFarlane, JANMAC, Inc. (Exhibit 1). The remainder parcels will have mitigation value to offset Parkway impacts. ACTION: FEB 2 8 1995 1'TEM 27 2of6 Agenda Report - Authorization for Acquisition of Right of Way and Mitigation Land - Doris Schreiber Scripps Poway Parkway East February 28, 1995 Page 2 Benefit Resolutions No. 94-071 and No. R-94-12 for this project were adopted by the City Council/Redevelopment Agency on June 28, 1994. Acquisition of this parcel is necessary for the construction of Scripps Poway Parkway East. The remaining portion of the parcel is valid habitat mitigation land that may be used 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. FISC._~.]_MPACT 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 324-070-04 from Doris Schreiber for $70,000. Attachment: Exhibit ! - Schreiber Confirmation Letter 3 of 6 FEB 28 1995 I';E Jl 27 11417 W. BER~ARDO COURT, SUFI'E B EXPROPRIATION CONSULTANTS ~ DIMGO, CA 92127-1639 (619)451-140~ FAX(619)451- I407 Januao' 2, 1995 R E C E I V F_ O FEB 6 199.5 ENGINEERING SERVICES DEPT Ms. DORIS SCHREIBER c~P n~v,~,c~q 1958 RANCHO WINCHESTER LANE EL CAJON, CA 92019 Re: P4W 01SCHR ~oject: CITY OF POWAY / RIGHT-OF-WAY REQUIREMENTS SCRIPPS POWAY PARKWAY Location: Easterly Extension of Scripps Poway Parkway to SR 67 Situs: POWAY, CA Vesting: DORIS SCHREIBER, A WIDOW Subject: Offer to Purchase Right-of-Way APN 324-070-04 (Full Taking) Dear Mr. & Mrs. Schreiber: As a follow-up to our meeting this date with Mark Weston, Director of Engineering Se~ices, and Alan Schuler, Senior Civil Engineer, City of Poway, I wish to confrim that your offer to convey subject property for a total consideration of $70,000 will be forwarded to the City Council as a recommended negotiated settlement. Your appraisal prepared by Robert Armell, independent fee appraiser, was most helpfull in arriving at this settlement. The proposed purchase of your property for public purposes shall include, but not necessarily be limited, to the following terms and conditions: 1. An escrow will be opened with STEWART 'I[I. LE COMPANY OF SAN DIEGO through which subject property will be conveyed by grant deed to the CITY OF POWAY free and clear of any and all liens, encumbrances, options, and leasehold interests for a total consideration of $70,000. 2. The proceeds related to the purchase of said property may be subject to payment demands for: county taxes, assessment liens, federal and state tax liens, creditor judgments and beneficiaries of trust deeds in connection with obtaining free and clear title. 3. The City of Poway will pay all eligible incidental expenses associated with the escrow closing including the processing of lien releases, full reconveyances and the cost of a Policy Of Title Insurance. Exhibit I 4 of 6 FEB 28 1995 27 . Re: R/W 01SCHR February 2, 1995 4. The proposed acquisition is subject to the City of Poway reviewing the Preliminary Title Report, signing the escrow instructions and accepting the conveyance document. Very truly yours, W.L. MacFARLANE, SR/WA Expropriation Consultant to THE CITY OF POWAY Enclosures cc: Mark S. Weston, P.E., City of Poway Alan 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 Sherry Bollig, Escrow Officer 2 (poway spp'd e t~ers~O1S CHRG2~ 5 of 6 FEB g 8 1995 I~'Z,"t~ 27 FEB 28 1995 1~'-'::~ 27 , 6of6