Item 21.1 - Authorization for Acquisition of Right-of-Way & Approval of Agreement
AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the
..d.,.""", Ag.'oy ~
FROM: James L. Bowersox, City Manager/Exec
Director
INITIATED BY: J,h, D. Fl'oh, A,,',"" Cl'y ""g.~)t ~
Mark S, Weston, Director of Engineering Service
Alan F. Schuler, Senior Civil Engineer~
DATE: November 28, 1995
SUBJECT: Authorization for Acquisition of Right-of-Way and Approval of Terms of
Settlement Agreement - Fisher Enterprises - Scripps Poway Parkway East
ABSTRACT:
The Scripps Poway Parkway East project is progressing on schedule, In order to acquire
the final portion of right-of-way along Highway 67, a Settlement Agreement has been
reached with Fisher Enterprises to conclude Eminent Domain proceedings. It is
recommended that the City Council/Redevelopment Agency authorize acquisition of a
portion of APN 324-011-14 and approve the terms of the Settlement Aareement.
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 authorize the acquisition
of a portion of APN 324-011-14 from Fisher Enterprises and approve the terms of the
Settlement Agreement for execution by the Executive Director subject to approval by the
City Attorney,
ACTION
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AGENDA REPORT I
CITY OF POWAY
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This report is included on the Consent Calend8f. There will be no 5ep8me discussion of the report prior to epproval by the I
City Council unless members of the Council, steff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to hllVe this report pulled for discussion. please fill out a slip Indiceting the report number
and give it to the City Oerk prior to the beginning of the City Council meeting. i
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TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dire~
INITIATED BY: John D. Fitch, Assistant City Manage~l1r ,)
Mark S, Weston, Director of Engineer~vice~
Alan F. Schuler, Senior Civil Enginee
DATE: November 28, 1995
SUBJECI': Authorization for Acquisition of Right-of-Way and Approval
of Terms of Settlement Agreement - Fisher Enterprises -
Scripps Poway Parkway East
BACKGROUND
The Scripps Poway Parkway East project is progressing on schedule.
Construction began on October 23, 1995. Construction of the Highway 67 phase
of work will not begin until spring, City staff and our Expropriation
Consultant, JANMAC, Inc" have been negotiating with the Fishers for the final
parcel of right of way along Highway 67,
The City Attorney's office has initiated Eminent Domain proceedings.
Subsequently, they have negotiated terms for the acquisition that are
acceptable to the Fishers. JANMAC is prepared tD open escrow upon approval of
the Settlement Agreement,
The terms of the Agreement are as follows:
1. The Fishers will grant the required property to the City in fee,
2. The City will grant an adjacent parcel to the Fishers in fee, Said
adjacent parcel is a portion of that land acquired from Poway FTC
earlier this year.
3. City will pay the Fishers $16,104.00 in compensation for the loss
of 16 mature oak trees.
4. The City will pay the Fishers $9,550,00 for out-of-pocket
engineering and attorneys' fees related to the acquisition.
ACTION:
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--. Agenda Report - Authorization for Acquisition of Right of Way and Approval of Terms of Settlement
Agreement - Fisher Enterprises - Scripps Poway Parkway East
September 28. 1995
Page 2
5. The City will advise the Fishers with at least two weeks advance
notice prior to construction on Highway 67 to allow them the
exclusive right to cut and remove any oak trees within the
acquired parcel.
6. Also included are various incidental provisions as agreed to by
the respective attorneys to protect the legal interests of all
parties.
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,
FINDINGS
This right-of-way is necessary for 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 NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency authorize the
acquisition of a portion of APN 324-011-14 from Fisher Enterprises and approve
the terms of the Settlement Agreement for execution by the Executive Director
subject to approval by the City Attorney.
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