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Item 21.1 - Authorization for Acquisition of Right-of-Way & Approval of Agreement AGENDA REPORT SUMMARY ~ ...... 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 HOV 2 8 1995 ITEM 21. 1 1 of 3 I I AGENDA REPORT I CITY OF POWAY ; 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 , 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: )) 2 of 3 HOV 2 8 1995 ITEM 21. 1 '1 - - --. 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. -- NOV 2 8 1995 ITEM 21. 1 3 of 3