Agenda Item A.10
CONSENT CALENDAR
Meeting Date: November 1, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Gerald Comati, Contract Project Manager
SUBJECT: Purchase Agreement for Denial of Access for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002)
RECOMMENDATION:
Authorize the City Manager to Execute a Right-Of-Way Purchase Agreement for Access Denial Rights on A ssessor’s Parcel Number 071-140-064 for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002).
BACKGROUND:
The Ekwill Street and Fowler Road Extensions Project ( Ekwill-Fowler Project ) constructs an extension of existing South Street from Kellogg Avenue to Technology Drive, a new east -west road across Goleta Old Town f rom Kellogg Avenue to Fairview Avenue (Ekwill Street) , and o perational improvements at the interchange of Hollister Avenue and State Route 217 with the installation of two roundabouts. A sizable portion of the Ekwill-Fowler Project lies within the State’s jurisdiction along Hollister Avenue and therefore Caltrans has oversight and approval authority for the overall project.
The Ekwill -Fowler Project is partially funded through the State Transportation Improvement Program (STIP) . STIP funding for Conceptual Design, Environmental Review, and Final Design , which includes the Right -of-Way Acquisition phase s, has been expended. Construction phase STIP funding remains in the amount of $11.4 million. To supplement the STIP funding the City has been primarily utilizing Development Impact Fees (DIF) funding.
DISCUSSION:
The Ekwill-Fowler Project requires the extensive acquisition of right-of-way. To date, possession from eighteen separate properties has been secur ed by the City for the project. A nineteenth acquisition was identified by Caltrans in 2021, consisting of access denial rights from Assessor’s Parcel Number (APN) 071-140-064, along the east side of Ward Drive from the northbound State Route 217 hook off -ramp up to Hollister Avenue.
The property is a 64.8-acre operating lemon orchard located entirely within the 1 Meeting Date: November 1, 2022
jurisdiction of the County of Santa Barbara . Access denial is a requirement of Caltrans in order to limit traffic exiting and entering properties immediately adjacent to the State Route 217 interchange with Hollister Avenue, which could disrupt the flow of traffic to and from the State Route 217 ramps.
As part of the project, the existing Ward Drive is realigned slightly towards the west in order to align with the new roundabout that will be constructed at the intersection of the northbound State Route 217 on-ramp and Hollister Avenue. This realignment creates a small piece of excess City property along the east side of Ward Drive, immediately south of Hollister Avenue. The area of the excess land is approximately 6,253 square feet (less than 1/6 th of an acre). As a result of the Caltrans requirement for access control, the Ekwill-Fowler Project will install an access control chain -link fence along the west side of the excess land, at the back of sidewalk of the realigned Ward Drive. The excess land, which is contiguous to APN 071-140-064 and the County-City jurisdictional boundary, is too small for any development and has no legal access. It is the opinion of the Department of Public Works, that the excess land would be a maintenance burden to the City with no tangible benefit.
The purchase with the property owners consists of three elements : cost of the access denial in the amount of $162,500 and conducting the work necessary to make a new access point on Ekwill Street passable by vehicular travel ; the City will lease the City’s excess land to the property owner for a nominal amount for five years; and the City will convey the excess land to t he property owner following the construction of the Ekwill - Fowler project , subject to a conveyance agreement entered into good faith and compliance with all applicable laws.
Public Works staff recommends that the Council authorize the City Manager to execute the right-of-way purchase agreement with the property owners of APN 071-140-064.
FISCAL IMPACTS:
The Ekwill-Fowler Project has sufficient Final Design budget using Development Impact Fees to cover the right -of-way purchase with APN 071-140-064. The total cost of the purchase which amounts to less than 1% of the total project cost. Below is the cost and funding summary for the Ekwill -Fowler Project. When ready to award for construction, Public Works staff will return to City Council with an update on project funding. At this time, no additional funding is needed for the final design phase of the project.
2 Meeting Date: November 1, 2022
Project Cost Estimates
Project Components Estimated
Costs
Funding Sources Funding
Amounts
Conceptual Design $0 General Fund (101) $250,000
Environmental Review $2,275,000 Transportation
Facilities DIF (220) $12,333,000
Final Design (including
Right of Way)
$11,363,000
Other Prior $670,000
Construction $20,202,000 STIP (308 – Prior) $4,450,000 STIP (308) $11,372,000
CDBG (402) $97,000
LRDP (230) $2,614,000
RDA (601) $654,000
Transportation
Facilities DIF (220)
Proposed
$1,400,000
Total: $33,840,000 Total: $33,840,000
Total Estimated Project Cost:
$33,840,000
ALTERNATIVES:
Council could elect not to authorize the City Manager to execute a right -of-way purchase agreement for access denial rights on APN 071 -140-064 for the Ekwill Street and Fowler Road Extensions Project. If this were to occur, the City would be delayed in securing the required access denial rights, and Caltrans would not be able to approve the Right-of-Way Certification for the project, which in turn would prevent the City from securing the allocation of STIP funding in the amount of $11.4 million for construction of the Ekwill-Fowler Project. If the fund allocation window is missed, the $11.4 million will be lost to the City and the City may be required to pay back the federal funds already received.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
3 Meeting Date: November 1, 2022
ATTACHMENTS:
1. Right-Of-Way Purchase Agreement for Access Denial Rights on APN 071 -140-064 for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002). 4 ATTACHMENT 1
Right-Of-Way Settlement Agreement for Access Denial Rights on APN 071-1 40-064 for the Ekwill Street and Fowler Road Extensions Project (CIP No. 9002) 5 AGREEMENT AND RELEASE REGARDING ACCESS
This Agreement and Release Regarding Access (hereinafter “Agreement”) is entered into effective on the date that this Agreement is fully executed by the parties hereto (the “Effective Date”), by and between the CITY OF GOLETA , a municipal corporation of the State of California (hereinafter “CITY”), and the parties listed on the signature page (collectively “GIORGI”).
Recitals
This Agreement is based upon the following facts:
A. CITY is constructing a work of improvement known as the Ekwill -Fowler Project (the “P roject”) at the Highway 217 off ramp at Ward Drive adjacent to property owned by GIORGI. GIORGI’S real property is situated in the County of Santa Barbara, State of California, with an address of 5515 Hollister Avenue, Goleta, California (APN 071-140-064) (the "Property"), which is legally described in Exhibit 1 attached hereto and incorporated herein. CITY has funding for the Project from CALTRANS.
B. GIORGI has legal access to the public right of way on Hollister Avenue. GIORGI has historically and routinely accessed the public right of way on Ward Drive at two (2) access points from the Property in addition to three (3) access points on Hollister Avenue. GIORGI has, for purposes of the development of the Project, agreed to cease such access through and across an identified portion of Ward Drive frontage and agrees that no access shall be allowed from the Property along Ward Drive across the access restricted area, as set forth herein, on December 15, 2022.
C. CITY agrees that in addition to a small remaining unrestricted access area on Ward Drive, and access along Hollister Avenue, access will be allowed from GIORGI’s property at an access point at the t erminus of Ekwill Street , which access point is not presently viable for vehicular travel due to an existing Goleta Sanitary District manhole cover. CITY agrees to work with Goleta Sanitary District to reconfigure the manhole cover so as to render the new Ekwill Street access point passable, at no cost to GIORGI, as soon as reasonably practicable but not later than December 15, 2022.
D. CITY and GIORGI have agreed to record a memo of agreement or other document that will provide public notice regarding the restricted and relinquished Ward Drive access from GIORGI’s property, and both of them are desirous of resolving and settling all of their claims and demands against each other regarding such access in the manner hereinafter provided.
Agreement
NOW, THEREFORE, the parties hereto do further agree as follows:
1. DENIAL OF ACCESS. GIORGI shall, within fifteen (15) days of the date of this Agreement, execute before a notary public, and deliver to CITY a Memorandum of Agreement (Denial of Access), in the form attached hereto as Exhibit A, in which GIORGI shall acknowledge its agreement that there is no right of access to Ward Drive from the P roperty along the restricted 6 access line described and shown in Exhibit 2, attached hereto and incorporated herein (“Denial of Access”).
2. COMPENSATION
A. COMPENSATION PAYMENT. Upon delivery of this fully executed Agreement to CITY representatives, in consideration for the Denial of Access, the CITY shall cause the sum of ONE HUNDRED SIXTY- TWO THOUSAND FIVE HUNDRED DOLLARS ($162,500) (“Compensation Payment”) to be deposited into an escrow with First American Title Company (“Escrow”) which shall hold such sum until the fully executed Memorandum of Agreement (Denial of Access) is deposited into Escrow and subsequently recorded with the Santa Barbara County Recorder’s office, at which time Escrow shall disburse such proceeds to GIORGI. With the exception of the Remnant City Parcel conveyance provisions of this Agreement described in Paragraph 2C below, the Compensation Payment represents full and complete compensation for all Denial of Access and includes the appraisal reimbursement fee (for which GIORGI is statutorily eligible to receive) and all such other costs and work as described in Paragraph 2B, be low. With the exception of the Remnant City Parcel conveyance provisions of this Agreement described in Paragraph 2C below, the Compensation Payment represents full and complete compensation for the rights granted by GIORGI to CITY, and relieves CITY of al l further claims associated with this Agreement, including any and all claims for attorney’s fees associated with this Agreement (including but not limited to attorney fees associated with the Denial of Access and any subsequent land transfer). The parties agree that the Memorandum and the terms contained in this Agreement shall constitute and be fully enforceable as covenants running with the land (as defined by and construed in accordance with Civil Code section 1460 and related sections) and shall be binding on and inure to the benefit of the parties, their heirs, successors and assigns. The parties agree that, after their execution of this Agreement and the Memorandum, the Memorandum shall be recorded in the Official Records of the County.
B. COST-TO-CURE WORK. The parties agree that the consideration for this Denial of Access, as referenced in Paragraph 2A of this Agreement, includes all costs that have been or may hereafter be incurred by GIORGI herein, or their successors or assigns, for the relocation or rearrangement of any and all improvements that are located on GIORGI’s Property (“Cost-to-Cure Work”). GIORGI, for themselves and their successors or assigns, hereby waive any and all claims for damages of whatever nature that may hereafter accrue to GIORGI’s Property by reason of the Denial of Access, including any damages that have or may hereafter arise related to any Cost-to- Cure Work, including in the event said existing or future improvements are not relocated or rearranged.
It is further understood and agreed by and between the parties that included in the amount payable under Paragraph 2A above is payment in full to compensate GIORGI for the expense of performing the following C ost-to-Cure Work: (1) m odify fencing and install gate at the terminus of Ekwill Street to create access to GIORGI's Property (“New Ekwill Street Access Point”); (2) modify internal farm road(s) and irrigation and remove and dispose of trees in order to change internal circulation within GIORGI's Property to use the New Ekwill Street Access Point; and (3) any other work caused by the Denial of Access.
Notwithstanding the foregoing, it is further understood and agreed by and between the parties that not included in the amount paya ble under Paragraph 2A above is the cost to create access to the 7 Property via the New Ekwill Street Access Point , as described in Recital B . With respect to the creation of such access, the CITY agrees to pay for the expense of performing the following: ( 1) in coordination with the Goleta Sanitary District, r econfiguration of the existing Goleta Sanitary District manhole cover; and (2) as a result of such reconfiguration of the existing manhole cover, any other work necessary, as determined by the CITY to be at a standard customary for roadway work, to render the surface of the Property through and across the new Ekwill Street Access Point passable for vehicular travel. Any other costs associated with the creation of such access are considered Cost-to-Cure Work under this Paragraph 2B, and shall be the responsibility of GIORGI.
C. REMNANT CITY PARCEL . CITY agrees to lease to GIORGI the land area highlighted in yellow on the map attached hereto as part of Exhibit 2 ("Remnant City Parcel”) for the rental price of $1/year for five (5) years, commencing after the completion of construction of the Project, subject to a lease agreement negotiated in good faith by the parties to include industry standard terms for a lease of this type, including without limitation that GIORGI agrees to: accept the Remnant City Parcel as -is (except that C ITY shall issue a certificate of compliance as legal validity of the Remnant City Parcel or as otherwise set forth in this Agreement); maintain the Remnant City Parcel at its own expense; hold insurance on the Remnant City Parcel with the CITY (and all relevant persons and entities) listed as additional insureds; and indemnify, hold harmless, and relieve the CITY (and all relevant persons and entities) from any and all liabilities as sociated with GIORGI’s access and use of said Remnant City Parcel (“Further Terms”).
In addition, during the course of the 5- year lease term, CITY agrees to convey to GIORGI the Remnant City Parcel, in accordance with applicable laws regulating the conveyance of the Remnant City Parcel, and further subject to an agreement by the parties negotiated in good faith to include industry standard terms for such a conveyance of this type (including but not limited to the Further Terms). CITY has determined that the conveyance of the Remnant City Parcel to GIORGI pursuant to the terms of this Agreement is an action that is exempt from the Surplus Land Act under its current language , wh ich determination may be challenged by the California Department of Housing and Community Development (“HCD”) at which point the City would have to comply with HCD’s determination . Subject to the terms of this Agreement such conveyance shall be by Quitclaim Deed from CITY to GIORGI.
Notwithstanding the foregoing, GIORGI acknowledges that any such conveyance cannot occur until the Project is completed and the portion of the existing Ward Drive public roadway on said Remnant City Parcel is no longer needed for public street purposes. Subject to the aforementioned agreement, the Remnant City Parcel shall be promptly conveyed by CITY to GIORGI following Project completion in compliance with this Agreement and applicable laws regulating the conveyance of the Remnant City Parcel. No assurance can be made as to the timing of this eventual conveyance.
In conjunction with CITY’s completion of Project construction, CITY agrees that it shall install chain link fencing along the westerly boundary of the Remnant City Parcel and tie it into GIORGI’s existing chain link fencing.
D. CLOSING COSTS. Standard transactional closing costs associated with the Denial of Access, including Escrow and recording fees, shall be borne by CITY. 8 3. CITY’S USE AND POSSESSION. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Denial of Access by the CITY, shall commence on December 15, 2022
4. MISCELLANEOUS.
A. This Agreement is the result of a compromise and shall never, at any time, for any purpose, be considered as an admission of liability or responsibility by any party hereto to any other party, person, or entity whatsoever.
B. This Agreement is intended to be and is an integrated contract, and contains all the inducements and agreements of the parties to each other; there are no promises or other inducements or agreements between the parties, except as herein set forth. All the terms of this Agreement are contractual and the parties agree to the truth and accuracy of all recitals. GIORGI acknowledges that because of CITY’s status as a public entity, certain claims may be available to GIORGI in connection with CITY’s acquisition of the Property. Such claims may include, without limitation, relocation, just compensation, inverse condemnation and other benefits and claims (collectively, “Claims” ). GIORGI, on behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that CITY’s performance under this Agreement constitutes full and complete satisfaction of CITY’s obligations to GIORGI as with respect to those Claims.
C. GIORGI hereby waives, to the maximum legal extent, any and all Claims, remedies and causes of action for damages, liabilities, losses or injuries related to CITY’s acquisition of the Property, whether known or unknown, foreseeable or unforeseeable. GIORGI, on behalf of itself and its heirs, executors, administrators, successors and assigns, hereby fully releases CITY, its successors, agents, representatives and assigns, and all other persons and associations, known and unknown, from all Claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of or otherwise relating to CITY’s purchase of the Denial of Access to the Property or any preliminary steps thereto. CITY and GIORGI hereby release and discharge each other and their respective agents, servants, employees, attorneys, heirs, successors in interest and assigns, of and from all claims, demands, actions and causes of action, known or unknown, which may now exist, or hereafter accrue by reason of any acts, transactions or omissions occurring prior to the date this agreement is executed, and which are in any way related to the acces s to the highway and any property rights, if any, regardless of whether said claims are known or unknown.
The parties hereto, and each of them, further waive all of their respective rights given under or by virtue of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” CITY’s Initials: _______ GIORGI's Initials: _______ _______ _______ _______ _______ _______
9 D. Each of the parties to this Agreement hereby warrants, represents, and certifies (a) that the contents of this A greement have been completely and carefully read by each of their authorized undersigned representatives, (b) that each of them has been separately represented by counsel and each of them is satisfied with such representation, (c) that each of their counse l has advised them of, and they each fully understand, the legal consequences of this Agreement, and (d) that no other person (whether a party to this agreement or not) has made any threats, promises, or representations of any kind whatsoever to induce the execution hereof, other than the performance of the terms and provisions hereof.
E. This Agreement may be executed in counterparts, and all counterparts so executed shall constitute one Agreement which shall be binding on all parties hereto, notwithstanding the fact that all of the parties are not signatories to the original or the same counterpart. Each party to this agreement may execute a separate signature page, and the Agreement may consist of multiple signature pages. This Agreement is effective upon th e date of the last signature set forth below.
F. Each of the parties to this Agreement, and each of their agents and employees, shall cooperate with each other party to this Agreement, and shall take all actions which may be necessary or appropriate to carry out the purposes of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below.
“CITY”
CITY OF GOLETA, a municipal corporation
By: _________________________________ Dated: _______________________
Name: _______________________________
Title: ________________________________
APPROVED AS TO FORM:
By: _________________________________ Dated: _______________________ City Attorney
Best Best & Krieger, LLP
10 “GIORGI”
Steven D. Giorgi, a married man as his sole and separate property; Stanton C. Giorgi, a married man as his sole and separate property; SGH Properties, LLC, a California limited liability company; Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013; and Sharleen Giorgi Foster, as her sole and separate property
Steven D. Giorgi, a married man as his sole and separate property
____________________________________ Dated: _______________________ Steven D. Giorgi
Stanton C. Giorgi, a married man as his sole and separate property
____________________________________ Dated: _______________________ Stanton C. Giorgi
SGH Properties, LLC, a California limited liability company
By: _________________________________ Dated: _______________________ Susan Giorgi Heinz
Manager
Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013
By: _________________________________ Dated: _______________________ Raymond T. Hashimoto
Trustee
By: _________________________________ Dated: _______________________ Sharon Giorgi Hashimoto
Trustee
Sharleen Giorgi Foster, as her sole and separate property
____________________________________ Dated: _______________________ Sharleen Giorgi Foster
11 EXHIBIT “A”
RE
CORDED AT THE REQUEST OF AND
WHEN RECORDED, RETURN TO:
City of Goleta
Attn: City Clerk
130 Cremona Drive, Suite B
Goleta, CA 93117
APN: 071-140-064
THIS SPACE RESERVED FOR RECORDERS USE
Exempt from Recording Fees Pursuant to Government Code Section 27383
MEMORANDUM OF AGREEMENT
(Denial of Access)
THIS MEMORANDUM OF AGREEMENT (“Memorandum”) is made and entered into as of ___________________________ , 202___, by and between the CITY OF GOLETA, a municipal corporation (“CITY”), and Steven D. Giorgi, a married man as his sole and separate property; Stanton C. Giorgi, a married man as his sole and separate property; SGH Properties, LLC, a California limited liability company; Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013; and Sharleen Giorgi Foster, as her sole and s eparate property (collectively “GIORGI”). This is a Memorandum of that certain Agreement (the “Agreement”), entered into between CITY and GIORGI, dated _____________________, 202___ (the “Effective Date”).
1. CITY is constructing a project at the Highway 217 off ramp at Ward Drive adjacent to property owned by GIORGI (“Project”). GIORGI’s real property is situated in the County of Santa Barbara (“County”), State of California, with an address of 5515 Hollister Avenue, Goleta, California (APN 071 -140-064) and m ore particularly described in Exhibit 1 , attached hereto and incorporated by reference herein (the “Property”). CITY has funding for such Project from CALTRANS.
2. GIORGI has legal access from the Property to the public right of way on Hollister Avenue. GIORGI has historically and routinely accessed Ward Drive public right of way at two (2) access points from the Property in addition to three ( 3) access points on Hollister Avenue. GIORGI has agreed, for purposes of the development of the Project, to cease access across an identified restricted access line along Ward Drive and agrees that no access shall be allowed from the P roperty along and across said described line on December 15, 2022 , as was more particularly set forth in the Agreement. CITY agrees that in addition to a small remaining unrestricted access area on Ward Drive, and access along Hollister Avenue, access will be allowed from the COPY
12 Property at an access point at the terminus of Ekwill Street which access point is not presently viable for vehicular travel due to an existing Goleta Sanitary District manhole cover. CITY agrees to work with Goleta Sanitary District and pay to reconfigure the manhole cover so as to render the new Ekwill Street access point passable for vehicular travel. The legal description for the no access areas is shown on Exhibit 2 to this Memorandum.
3. Thi
s Memorandum is made upon all the terms and conditions contained in the Agreement between CITY and GIORGI, and all of said terms and conditions are incorporated by reference herein. This is a Memorandum, prepared for recording purposes only, and nothing herein shall be deemed or construed to modify or amend any of the terms of the Agreement.
4. The terms and conditions contained in this Memorandum shall constitute and be fully enforceable as covenants running with the land (as defined by and construed in accordance with Civil Code section 1460 and related sections) and shall be binding on and inure to the benefit of the parties, their heirs, successors and assigns. The parties agree that, after their execution of this Memorandum, it shall be recorded in the Official Records of the County.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the respective parties hereto have executed this Memorandum of Agreement, by their respective officers or agents thereunto duly authorized.
“CITY”
CITY OF GOLETA, a municipal corporation
By:
_________________________________ Dated: _______________________ Na
me: _______________________________
Ti
tle: ________________________________
APP
ROVED AS TO FORM:
By:
_________________________________ Dated: _______________________ City Attorney
Best Best & Krieger, LLP
COPY
COPY
COPY
COPY
13 “GIORGI”
Steven D. Giorgi, a married man as his sole and separate property; Stanton C. Giorgi, a married man as his sole and separate property; SGH Properties, LLC, a California limited liability company; Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013; and Sharleen Giorgi Foster, as her sole and separate property St
even D. Giorgi, a married man as his sole and separate property ____________________________________ D
ated: _______________________
Steven D. Giorgi
St
anton C. Giorgi, a married man as his sole and separate property ____________________________________ D
ated: _______________________
Stanton C. Giorgi
SGH P
roperties, LLC, a California limited liability company
By:
_________________________________ Dated: _______________________ Susan Giorgi Heinz
Manager
Raym
ond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013
By:
_________________________________ Dated: _______________________ Raymond T. Hashimoto
Trustee
By:
_________________________________ Dated: _______________________ Sharon Giorgi Hashimoto
Trustee
Sh
arleen Giorgi Foster, as her sole and separate property ____________________________________ D
ated: _______________________
Sharleen Giorgi Foster
COPY COPY
COPY COPY
COPY COPY
COPY COPY
COPY COPY
COPY COPY
14 Exhibit 1
LEGAL DESCRIPTION OF GIORGI PROPERTY
15 Exhibit 2
LEGAL ACCESS AND NO ACCESS AREAS
16 17
18 RECORDED AT THE REQUEST OF AND
WHEN RECORDED, RETURN TO:
City of Goleta
Attn: City Clerk
130 Cremona Drive, Suite B
Goleta, CA 93117
APN: 071-140-064
THIS SPACE RESERVED FOR RECORDERS USE
Exempt from Recording Fees Pursuant to Government Code Section 27383
MEMORANDUM OF AGREEMENT
(Denial of Access)
THIS MEMORANDUM OF AGREEMENT (“Memorandum”) is made and entered into as of ___________________________ , 202___, by and between the CITY OF GOLETA, a municipal corporation (“CITY”), and Steven D. Giorgi, a married man as his sole and separate property; Stanton C. Giorgi, a married man as his sole and separate property; SGH Properties, LLC, a California limited liability company; Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013; and Sharleen Giorgi Foster, as her sole and s eparate property (collectively “GIORGI”). This is a Memorandum of that certain Agreement (the “Agreement”), entered into between CITY and GIORGI, dated _____________________, 202___ (the “Effective Date”).
1. CITY is constructing a project at the Highway 217 off ramp at Ward Drive adjacent to property owned by GIORGI (“Project”). GIORGI’s real property is situated in the County of Santa Barbara (“County”), State of California, with an address of 5515 Hollister Avenue, Goleta, California (APN 071 -140-064) and m ore particularly described in Exhibit 1 , attached hereto and incorporated by reference herein (the “Property”). CITY has funding for such Project from CALTRANS.
2. GIORGI has legal access from the Property to the public right of way on Hollister Avenue. GIORGI has historically and routinely accessed Ward Drive public right of way at two (2) access points from the Property in addition to three ( 3) access points on Hollister Avenue. GIORGI has agreed, for purposes of the development of the Project, to cease access across an identified restricted access line along Ward Drive and agrees that no access shall be allowed from the P roperty along and across said described line on December 15, 2022 , as was more particularly set forth in the Agreement. CITY agrees that in addition to a small remaining unrestricted access area on Ward Drive, and access along Hollister Avenue, access will be allowed from the 19 Property at an access point at the terminus of Ekwill Street which access point is not presently viable for vehicular travel due to an existing Goleta Sanitary District manhole cover. CITY agrees to work with Goleta Sanitary District and pay to reconfigure the manhole cover so as to render the new Ekwill Street access point passable for vehicular travel. The legal description for the no access areas is shown on Exhibit 2 to this Memorandum.
3. This Memorandum is made upon all the terms and conditions contained in the Agreement between CITY and GIORGI, and all of said terms and conditions are incorporated by reference herein. This is a Memorandum, prepared for recording purposes only, and nothing herein shall be deemed or construed to modify or amend any of the terms of the Agreement.
4. The terms and conditions contained in this Memorandum shall constitute and be fully enforceable as covenants running with the land (as defined by and construed in accordance with Civil Code section 1460 and related sections) and shall be binding on and inure to the benefit of the parties, their heirs, successors and assigns. The parties agree that, after their execution of this Memorandum, it shall be recorded in the Official Records of the County.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the respective parties hereto have executed this Memorandum of Agreement, by their respective officers or agents thereunto duly authorized.
“CITY”
CITY OF GOLETA, a municipal corporation
By: _________________________________ Dated: _______________________
Name: _______________________________
Title: ________________________________
APPROVED AS TO FORM:
By: _________________________________ Dated: _______________________ City Attorney
Best Best & Krieger, LLP
20 “GIORGI”
Steven D. Giorgi, a married man as his sole and separate property; Stanton C. Giorgi, a married man as his sole and separate property; SGH Properties, LLC, a California limited liability company; Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013; and Sharleen Giorgi Foster, as her sole and separate property
Steven D. Giorgi, a married man as his sole and separate property
____________________________________ Dated: _______________________ Steven D. Giorgi
Stanton C. Giorgi, a married man as his sole and separate property
____________________________________ Dated: _______________________ Stanton C. Giorgi
SGH Properties, LLC, a California limited liability company
By: _________________________________ Dated: _______________________ Susan Giorgi Heinz
Manager
Raymond T. Hashimoto and Sharon Giorgi Hashimoto, Trustees, or their successor, under the Raymond T. Hashimoto and Sharon Giorgi Hashimoto Trust, under Trust Agreement dated July 9, 2013
By: _________________________________ Dated: _______________________ Raymond T. Hashimoto
Trustee
By: _________________________________ Dated: _______________________ Sharon Giorgi Hashimoto
Trustee
Sharleen Giorgi Foster, as her sole and separate property
____________________________________ Dated: _______________________ Sharleen Giorgi Foster
21 Exhibit 1
LEGAL DESCRIPTION OF GIORGI PROPERTY
22 Exhibit 2
LEGAL ACCESS AND NO ACCESS AREAS
23 24
25