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HomeMy WebLinkAbout2018-11-27 - AGENDA REPORTS - APPROVAL OF LACO METRO AUTHORITY OFFER TO ACQUIRE (2)Agenda Item: 9 DATE: November 27, 2018 SUBJECT: APPROVAL OF LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION'S (METRO) AUTHORITY OFFER TO ACQUIRE 8.26 SQUARE FEET AND 1,578 SQUARE FEET FOR A TEMPORARY CONSTRUCTION EASEMENT (TCE) OF PROPERTY IN THE NEWHALL PASS OPEN SPACE DEPARTMENT: Recreation and Community Services PRESENTER: Frank Oviedo RECOMMENDED ACTION City Council: Approve Los Angeles County Metropolitan Transportation Authority's offer to acquire 8.26 square feet and grant a Temporary Construction Easement of 1,578 square feet for property in the Newhall Pass Open Space to facilitate construction and operation of the I-5 HOV and Truck Lane Project. 2. Increase anticipated revenues for Fiscal Year 2018-19 by $2,500 in revenue account 358-4621.001 Miscellaneous Revenue. 3. Authorize repayment of $887.50 to the Wildlife Conservation Board from revenue account 358-4621.001 Miscellaneous Revenue. 4. Authorize the City Manager, or designee, to execute all documents subject to City Attorney approval. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (METRO) is partnering with the California Department of Transportation to widen the Interstate Highway 5 (I-5) between State Route 14 (SR -14) Interchange and the Parker Road Interchange, designated as the I-5 HOV and Truck Lane Project (Project) covering approximately 13.6 miles. This Project will extend the High Occupancy Vehicle (HOV) lanes on I-5 from the HOV lanes south of the SR -14 Page 1 Interchange to just south of Parker Road/I-5 Interchange incorporating truck climbing lanes from the SR -14 interchange to Pico Canyon Road/Lyons Avenue and constructing and/or extending auxiliary lanes between interchanges at six locations. According to METRO, this Project will improve the flow of vehicle and truck traffic in the area. To facilitate construction and operation of the HOV lane improvements, METRO is seeking to acquire 8.26 square feet and temporarily use 1,578 square feet for a Temporary Construction Easement (TCE) of property in the Newhall Pass Open Space. The acquisition and temporary use of this property does not affect the access or use of the Newhall Pass Open Space. Los Angeles County Assessor's Parcel No. 2827-028-274, Newhall Pass Open Space, was purchased as part of a multi -agency collaboration approved by City Council on July 9, 2013 for the preservation of the former Las Lomas development known as Gateway Ranch. The Wildlife Conservation Board (WCB) funded approximately 35.5 percent of the Gateway Ranch Property acquisition through a grant process. Per the grant agreement awarded for the property acquisition in what is now known as the Newhall Pass Open Space, the City of Santa Clarita (City) received approval from WCB to convey this portion of the property and to recover its portion of the funds jointly with the City. A METRO third party appraisal determined a value of $2,500 as just compensation for the acquisition of the 8.26 square feet of property and TCE interest in the Property for a term of four years and seven months, after such time the TCE will expire. Based on the appraised value, METRO has offered to purchase the subject property and temporary construction easement for $2,500. Of the $2,500 compensation to the City by METRO for this project, $887.50 will be refunded to WCB in accordance to the WCB Grant Agreement. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The increase in estimated revenue as a result of this action is a one-time revenue of $2,500. Of the revenue received, repayment of $887.50 will be made to the Wildlife Conservation Board (WCB) for its contribution to the initial purchase of the subject parcel. ATTACHMENTS Location Map detail Location Map - Parcel in Newhall Pass Open Space Letter of Approval from Wildlife Conservation Board METRO offer to purchase Page 2 )Iona pueAOHS|jm eoedSuedos edllegmeN m um}mnb e0U1]W}IgapdeINummoo]:wew Im # WilCPState of a 1 ifornia dlife Conservation Board Frank Oviedo, Assistant City Managm, City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, California 91355-21961 EDMUND G. BROWN Jr , Governor NATURAL RESOURCES AGENCY DEPARTMENT OF RSH AND WILDLIFE WILDLIFE CONSERVATION BOARD Mailing Address: P.O. Box '944209 SacmMe MO, Cafifornia 94244-2090 —J (916) 445-8448 Fax (916) 323-0280 F - The City of Santa Clarita (City) has requested approval from the Wildlife Conservation, Board (WCB) regarding the sale of a partial interest and the grantinig of a temporary construction easement (TCE) over a portion of the Gateway Ranch Property (Property), land previously acquired by the City to provide recovery benefits for federally threatened and endangered species and to provide corridors linking separate habitat areas to prevent habitat fragmentation, protect significant natural landscapes and ecosystems, and provide the potential for future wildlife oriented public use opportunities. It is my understanding that the Los Angeles County Metropolitan Transportation Authority (METRO) is partnerinig with The California Department of Transportation (Caltrans) to widen 1-5 between SR -14 interchange and the Parker Road Interchange designated as the 1-5 High Occupancy Vehicle (HOV) and Truck Lane Project (Proje The Project will extend e HOV lanes south of the SR- 14i Interchange to just south of Parker Roa,d/1-5 interchange. The Project is expected to improve the flow of vehicle and truck traffic in the area. I The Project requires acquisition of 8.26 square feet of partiW take on the above ment�ioned City owned land by METRO. Additionally, METRO also req!uires a 1,578 square foot TCE. The City received grant funds for the puirchase of the Property, which is subject to WCB Grant Agreement WC -140813G. That Grant Agreement, Per Section 5.4, places conditions on sale or transfer of the Property and req,uires WCB approv4I of such sale or transfer'. An appraisal was performed by Joe J. Villegas, MAL The appraisal determined the value of the 8.26 square foot partial take and 1,578 square feet of TCE to be $2,500.00 The WCB funded approximately 35.5% oif the Property acquisition and as such is entitled to $887.50. WCB approves the sale as requested, If you any questions please feel free to contaO myself or Brian Gibson to discuss. Thank yea, '(-thn P. Donn Ry .tixecutive Directo�r MeImpolit.r. Transportation Authority On, Gt,v,,.y Pha,,a 213J)22,2000 1� os Ange�es, CA 900�2 2952 mekiro,net Metiro August 8, 2018 Via Certified Return Receipt & Regular Mail " 17 r♦ , _46� ��� �7 1 -4 �70 23920 Valencia Blvd., Suite 120 Santa Clarita, CA 91355-5316 HOV and Truck Lane Project Vacant Land- Open Space, Santa Clarita CA 91355 Assessor's Parcel No. 2827-028-274, CPN No.80860-1 and 80860 Offer — Temporary Construction Easement and Partial Fee Interestl The Los Angeles County Metropolitan Transportation Authority ("METRO") is partnering with The California Department of Transportation ("Caltrans") to widen 1-5 between SR -14 Interchange and the Parker Road Interchange,designated as the 1-5 HOV and Truck Lane Project (Hereinafter the "Project"). The Project area is in Los Angeles County along 1-5 and covers approximately 13.6 miles. The project will extend the High Occupancy Vehicle (HOV) lanes on 1-5 from the HOV lanes south of the SR -14 Interchange to just south of Parker Road/1-5 Interchange incorporating truck climbing lanes from the SR -14 interchange to Pico Canyon Road/Lyons Avenue, and constructing and/or extending auxiliary lanes between interchanges at six locations. The Project will improve the flow of vehicle and truck traffic in the area. Our title records reflect that City of Santa Clarita is the fee owner of the Property. METRO is seeking to acquire property rights to facilitate construction and operation of the HOV lane improvements for the project as described in Exhibits "A" and "B". METRO's interest is to acquire a partial interest of 8.26 square feet at the southwestern side of the parcel, and 1,578 square feet for a TCE along the southwest freeway frontage around the take (See attached Legal Description and plat map describing the property and labeled as Exhibits "A" and "B" ). This letter constitutes METRO's offer to purchase the afore -mentioned property interest for the Project. 1 FI::::'' I' ro PU1:1CHAS111-, Subject to, and upon the terms and conditions set forth below, METRO offers to purchase the Temporary Construction Easement in the Property, which is identified as APN 2827-028-274, for a term of four (4) years and seven (7) months. It is the policy of METRO to acquire property that is in private ownership only when it is necessary to do so, and through voluntary purchase if possible. In accordance with applicable law, METRO has obtained, reviewed, and approved an appraisal to establish the fair market value of the Property. lFhe City of Santa Clarita, a municilipall corpora-flon Em I IN 1 LwA 0 11 rot I R MA Oro, I M wJ IMLM 0 Lw, I W�AL-YA METRO hereby offers the sum of $2,500 (Two Thousand and Five Hundred Dollars) as just compensation for the acquisition of the partial take and temporary construction easement ("TCE") interest in the Property for a term of four (4) years and seven (7) months. This amount does not include any relocation assistance, benefits, or payments (if any) which you may be entitled to receive. The appraisal of the Property takes into account the highest and best use, the location, condition, and size of any improvements existing on the land, the date of value, and the factors that affect fair market value. 1 mo — best use, a valuation analysis, and the various approaches to value used by the appraiser. Also included are the comparable properties used by the appraiser to determine the fair market value. 4. CONDITIONS OF OFFER: This offer is subject to and conditioned upon the following: (a) METRO's approval, at its sole discretion, oft results of such soils, geological, toxic waste, hazardous substance, and/or any kind of tests and analyses, as METRO, or its representative, may perform prior to the opening of escrow, or in METRO's sole and absolute discretion, after the opening of escrow; (b) The execution of a Right of Way Contract; (c) The timely acceptance of this offer by the owner in accordance with Paragraph 6 below. 5. OFFER TO PAY REASONABLE COSTS OF AN INDEPEINDEN"r APPRAISAL PURSUANT TO CODE OF CIVII PROCEDURE 1263.025: Pursuant to Code of Civil Procedure Section 1263.025, METRO offers to pay your reasonable costs, up to $5,000.00 (Five Thousand Dollars), for an independent appraisal of the Property interests. By law, an appraiser licensed by the Bureau of Real Estate Appraisers must prepare the independent appraisal. Although you are not required to obtain an appraisal at this time or at all, if you believe such an appraisal can assist you in evaluating this offer, it is in your interest to The City of Santa Clarita, a municipal corporation Page 3 obtain the independent appraisal as expeditiously as possible. If you choose to obtain an appraisal, please forward METRO an invoice from your appraiser identifying the Property that is the subject of the appraisal and the fee charged. If the above offer is acceptable to you, please indicate your acceptance by signing in the space provided below, and return an original signed copy of this letter to my attention. Upon receipt of your acceptance of the purchase offer, a Right of Way Contract will be prepared for your execu- tion. METRO will pay all expenses associated with this transaction and may implement the use of an internal escrow process. If for any reason you do not accept the METRO's offer, please be advised that this letter and the offer made herein are tendered under the provisions of the California Evidence Code Section 1152, as an offer to compromise, and shall not be admissible to prove METRO's liability, and may not be used as an admission of value in any eminent domain or other proceeding. Please contact Louis George, Sr. Real Estate Officer at (213) 922-2104 or Michael Romo, SR/WA Project Manager in our Real Estate Department at (213) 922-2408 if you have any questions regarding either the appraisal or the acquisition process. LM�""Ex C. MARSHALL D y ecutive Officer - Real Estate Los Angeles County Metropolitan Transportation Authority Attachments: 1. Exhibit "A" Legal Description 2. Exhibit "B" Plat Map 3. Statement of Just Compensation and Appraisal Summary 4. Acquisition/Eminent Domain Informational Brochure 5. Your Rights Under Title VI 6. Certificate of Occupancy & Receipt of Relocation Information (RW 10-25) This offer dated August 8, 2018 from the Los Angeles County Metropolitan Transportation Authority in the amount of $2,50 for the acquisition of the Property described above b y accepted. The City of Santa Clarita, a municipal corporation EXI I,,,,,, Ilf;;;; GAL. L. Ic;; II',;;° S IIIA III F" ,Il„, III N ,II:1,N.2 27µ028-274 THENCE ALONG SAID GENERALLY EASTERLY RIGHT-OF-WAY LINE NORTH 11°01"18” EST, 2,69 FEET; THENCE LEAVING SAID GENERALLY EASTERLY RIGHT-OF-WAY LINE SOUTH 64053'01 EAST, 7.08 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE NORTH 88021'00" WEST, 5.86 FEET TO THE POINI OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRIL; AREA 6,26 SQUARE FEET, MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNI COORDINATE SYSTEM (CCS83), ZONE V, NAD 83, EPOCH 1991,35, ALL DISTANCE SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99988045 T OBTAIN GROUND DISTANCIFS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHE® HERETO AND MADE A PART HEREOF, THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE ITH I I IE Pl.OFESSIONAL LAN® SURVEYOR'S ACT. 0 RALPH W. GUI A, IV, L A N ., ,. R: dph W. .• GuAo, N No. 7176 � ar..._� \.,t Page u of u. . ..... . . . ..... PLAT 1 0 ACCOMPANY LE AI„ DESCRIPTION L.ULN-F) CPN 0001 PIOF WAY A CQUISI TION (XXXX) INDICATES RECORD DA rA PER k5a 271179-92 <V0'8660 - a 26 OF 26 OF) L,3p PREP ARFD BY ME OR UNnER MY DIRECTION. 112912018 RALPH Wa GUIDA IV PLS 7076 DATF THE OLD ROAD 't”, 1�ff' Bf.ARINOS AN[) DISUNCES CASHOKW Anj- LIFNIA COORDINATF SYS Ccs ZONE g NAD 8J EPOCH, 199(35, ALL, DISTANCES SNOWWARE CRI,O DWANU,"S. DIODETHE GRID DISrANCES SHOWN BY 0-99988045 rO 08rAIN GROUND TSTA S; RIGHT OF' WAY ACQUISITION L A NO *110 Ralph V. Guido, IV ® 7016 NQOF—E ok\. 0, SHEET I OF I EXI IIBIT 11B 111 A.P.N. 2827-028-274 0 0� 0740 80 120 1 J,w 111, 80* IIIl°°IIII 0iv "A-2" IL.....E„ ll,,,,, D EI' I f--- Wll ION AJP„N„ 2827--028-274 COMMENCING AT THE INTERSECTION SOUTHERLY LINE OF SAID A C AND THE GENERALLY EASTERLY RIGHT-OF-WAY LINE OF THE GOLDENSTAT A(®5) PER RECORD OF SURVEY I CK 271, PAGES 79 THROUGH 92, OF RECORDS SURVEYS, IN THE OFFICE F THE COUNTY C SAID COUNTY; THENCE ALONG SAID GENERALLY EASTERLY RIGHT-OF-WAY LINE NORTH 11001"18” EST, 2,69 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING A G SAID RA LY EASTERLY RIGHT-OF-WAY LINE NORTH 11'01°18" WEST, 37,15 T; THENCE AVI SAID GENERALLY EASTERLY RIGHT-OF-WAY LINE SOUTH 1541153'03" AST, 96,10 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE NORTH66021800" WEST, 75,34 FEET TA LINE THAT A S SOOT 64"53'03" EAST FROM THE TRUE POINT OF BEGINNING; THENCE AV1 G SAID SOUTHERLY I AND ALONG SAID LINE NORTH64053'03" WEST, 7006 FEET TO THE TRUE POINT OF BEGINNING. COORDINATETHE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 1,578 SQUARE FEET OR 0.036 ACRES, MORE OR LESS. BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA ADISTANCES SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99988045 TO OBTAIN ALL AS MORE PARTICULARLY ATTACHED HERETO AND MADE i.. PART Page 1 (:)f'2 PI UIS 1"..')0CUMENT I 1AS BEEN PREPAREE ) BY ME, OR UNDElR MY DlRi:.:::Cl 0N, IN CONFORNANC,E WITI I TFIE PROFESSaONA[ I ANE) SURVEYOR'S ACT. 0 RALPH W. UI A, IV, PTI -E,, 7076 AL L A 1yo Ralph W, d - Guido, IV No, 7076 w. C N Page 2 oF2 P' A'r rO ACCOMPANY 'I EGAt nF CRIPTION L.E. CPN 0002 - 30 ° Wt;DE TEMPORARY CONSFRUCRON 'A E NT (X X)DILA T EDRECORD DATA PER R. ............ PREPARFD BY ME OR UNDER MY DIRECTION: 00 1I..., 12018 ,. LF11.1 W GUIDA. N Pio 7016 WE PORTION PARCEL LOT LINE ADJUSTMENT NO. 102,135 INSTRUMENT NO. 04-0063723 O.R. RECORDED JANUARY . 00 1,578 N al . °� .. r R 0 8,M L 6 L w o, C THS OLD ROAD 0 -It" BEARINGS AND DWANCES SHOWN C'A DI'NA C"QRtNA D'C° �a 7 SCS. ZONE Y", NAD 83, EPOCH D ALL e lSrAN�"f S ARS GRIDD TA CCS, 01WOE 17 -IE GRID DISUNCES SHOW BY 0.99988045 W OKADN GWOUND &STANCES, TEMPORARY CONSTRUCTION EASEMENT I SHEET I OF' I ch m L Q O O 0 Lu m E ua r Q C14 Cl INC14 lqt IN LAJ n LJ o o co 0 (L Li W, a.. ui ............ PREPARFD BY ME OR UNDER MY DIRECTION: 00 1I..., 12018 ,. LF11.1 W GUIDA. N Pio 7016 WE PORTION PARCEL LOT LINE ADJUSTMENT NO. 102,135 INSTRUMENT NO. 04-0063723 O.R. RECORDED JANUARY . 00 1,578 N al . °� .. r R 0 8,M L 6 L w o, C THS OLD ROAD 0 -It" BEARINGS AND DWANCES SHOWN C'A DI'NA C"QRtNA D'C° �a 7 SCS. ZONE Y", NAD 83, EPOCH D ALL e lSrAN�"f S ARS GRIDD TA CCS, 01WOE 17 -IE GRID DISUNCES SHOW BY 0.99988045 W OKADN GWOUND &STANCES, TEMPORARY CONSTRUCTION EASEMENT I SHEET I OF' I ch m L Q O O 0 Lu m E ua r Q