Agenda Item A.10
CONSENT CALENDAR
Meeting Date: August 15, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Approve Right of Way Agreement s and accept Easement Deeds for properties required for the San Jose Creek Multipurpose Path Northern and Southern Segments Project
RECOMMENDATION:
A. Approve and authorize the City Manager to execute the Right of Way Agreements, including any required escrow transactional documents, and B. Authorize the City Clerk to accept Easement Deeds of properties required from APN 071 -350-009 owned by Ochsner/Common Area and APN 070-090-083 owned by Schwan Brothers Properties, LLC for the San Jose Creek Multipurpose Path Northern and Southern Segments Project.
BACKGROUND:
The San Jose Creek Bike Path - Northern and Southern Segments Project (Project) (Capital Improvement Program Project No. 9006), an Active Transportation Program (ATP) project, will construct a multipurpose path adjacent to San Jose Creek connecting areas north of U.S. Route (US) 101 with the Class I Atascadero Creek Bikeway ( Obern Trail) east of State Route (SR) 217. The purpose of the ATP Project is to close the multipurpose path gap in the regional active transportation network. The ATP Project will provide a direct and continuous route for bicyclists and pedestrians from north of Calle Real to commercial and residential areas within Goleta Old Town and to the existing Class I Atascadero Creek Bikeway providing access to Goleta Beach Park, the University o f California Santa Barbara (UCSB) and to the City of Santa Barbara.
The City of Goleta (City) was awarded approximately $18 million in ATP grant funding at the California Transportation Commission meeting on January 30, 2019.
Project Right of Way Impacts:
The San Jose Creek Multipurpose path will impact 13 parcels which are not owned by the City. This includes eight parcels along the Northern Segment and five parcels along the Southern Segment. Of these 13 parcels , two are owned by Caltrans, five parcels are 1 Meeting Date: August 15, 2023
owned by Santa Barbara County (including two owned by County Flood Control), one parcel is owned by Union Pacific Railroad (UPRR), and five parcels are owned by private owners (including one parcel owned by Southern California Gas Company). Per manent Easements and/or Temporary Construction Easements (TCEs) are required from each of these properties to construct the San Jose Creek Multipurpose Path. A figure showing the properties requiring easements for construction of the Project are included i n Attachment 1.
Dewberry Engineers, Inc. prepared right of way impact mapping based on the Project’s final profile and alignment. In February and March appraisals were conducted by Hamner and Jewell Associates (HJA). Right of Way (ROW) mapping , including plats delineating the easement boundaries and legal descriptions of the boundaries, was prepared by MNS Engineers for the impacted properties. An appraisal was also conducted for the UPRR property as required by UPRR’s Construction and Maintenance Agreement process.
Offer letters were prepared by HJA and City Council granted authorization to proceed with ROW acquisition offers based on the appraisals during closed session on May 2, 2023. Offer letters were sent to the affected property owners on May 10, 2023.
The following table lists the permanent easements and TCEs required from the private properties, which are included in the offer packages.
APN OWNER Permanent
Easement
TCE
SQFT SQFT
Northern Segment
071-350-009 Ochsner / Common Area 2,326
071-090-074 Simpson, Roma L; Roman L. Simpson
Trust
31,808
071-090-083 Schwan Brothers Properties, LLC 5,027
071-090-082 Goleta Storage Owner, LLC 2,923 3,285
Southern Segment
071-200-011 Southern California Gas Company 5,093 15,837 Public Works staff have been in discussions with Caltrans, Santa Barbara County and UPRR regarding the easements required on their properties and these acquisitions will be handled through the various agreements and permits required by each agency.
DISCUSSION:
HJA submitted o ffer letters for permanent easements and temporary construction easements to the property owners of the five privately owned properties affected by the Project and listed in the table above . Two of the property owners have signed the ROW Agreements and Grant Deeds. These properties consist of APN 071-350- 009 located at 2 Meeting Date: August 15, 2023
70 S. Kellogg Ave owned by Ochsner/Common Area and APN 070 -090-083 located at 20 S. Kellogg Ave owned by Schwan Brothers Properties, L LC. The offers approved for these properties by Council during the May 2, 2023 , closed session consisted of the following:
Owner APN/Property
Address
DOV Value
Ochsner /
Common Area
071-350-009
70 S. Kellogg Ave. #1
Goleta, CA 93117
3/8/2023 $16,300 – permanent
easement
Schwan Brothers
Properties, LLC
071-090-083
20 S. Kellogg Ave.
Goleta, CA 93117
3/13/2023 $35,200 – permanent
easement
Schwan Brothers signed the agreement accepting the original offer of $35,200 for the permanent easement . During negotiations with Ochsner/Common Area the property owner asked for a $5,000 increase to the offer which was agreed to by all parties.
Ochsner/Common Area signed for a total of $21,300.
A Preliminary Title Report was obtained for both properties, and it showed that there are no identified issues or title encumbrances listed that are of concern in obtaining the permanent easements for either property. All deeds of trust affecting individual owners will be cleared as part of the escrow process, which w ill commence immediately after approval of the Right of Way Agreement and Grant Deed. The City will not take ownership of the property until title has been cleared as part of the escrow process.
FISCAL IMPACTS:
Based on the appraisal reports and offer letters prepared by HJA, the appraised value of the easement interest at each property including the additional $5,000 for the Ochsner property totals $ 51,500. Funds for the acquisition of the easements required for the construction of the Project are included in the approved FY 2023/24 budget. As such, no additional appropriations are required at this time.
Overall Project Costs
Based on updated project cost estimates, there is currently an estimated unfunded amount of $8.4 million for construction costs. Public Works staff is working with Finance staff to explore additional options to close the $8.4 million gap prior to the const ruction bid award currently scheduled for late 2024.
Table 1, below, outlines the estimated costs for the Project. 3 Meeting Date: August 15, 2023
Table 1: Estimated Project Costs
Project Components Estimated Costs Funding Source Funding Amounts Conceptual Design $1,837,267 TDA (202) $27,135
Environmental $698,750 DIF (Transportation
220) $4,729,665
Final Design $3,540,983 RSTP (305)
(grant) $30,689
Land
Acquisition/Right-of-
Way
$2,220,000 Measure A (205)
$1,245,000
Construction $21,235,589 Measure A (206) $438,378
Construction
Management and
Inspection (CMT)
$3,469,911 ATP Grant (318)
$17,960,000
Construction Oversight
Staff and Consultant
Time
$315,446 TCSP – Federal
(407) $76,510
Redevelopment
Project Fund (601) $24,829
TBD/Unfunded $8,785,740
Total: $33,317,946 Total: $33,317,946
Table 2 below summarizes the project budget amounts and funding sources.
Table 2: Project FY 22/23 Carryover & FY 23/24 & 24/25 Funding Fund Type Account FY 22/23
Current
Budget
FY 23/24
Budget
FY 24/25
Budget
Total
Available
Budget
TDA 202-90-9006-
57070 (Design)
$27,135 $0 $0 $27,135
Measure A 205-90-9006-
57070 (Design)
$243,992 $0 $0 $243,992
Measure A 205-90-9006-
57071
(Construction)
$250,000 $500,000 $250,000 $1,000,000
Measure A -
Grant
206-90-9006-
57071
(Construction)
$0 $438,378 $0 $438,378
Transportation
DIF
220-90-9006-
57050 (Land
Acquisition)
$1,350,000 $0 $0 $1,350,000
4 Meeting Date: August 15, 2023
Transportation
DIF
220-90-9006-
57070 (Design)
$224,495 $504,571 $0 $729,066
RSTP 305-90-9006-
57070 (Design)
$10,150 $0 $0 $10,150
ATP Grant 318-90-9006-
57050 (Land
Acquisition)
$669,000 $0 $0 $669,000
ATP Grant 318-90-9006-
57070 (Design)
$2,000,000 $0 $0 $2,000,000
ATP Grant 318-90-9006-
57071
(Construction)
$650,000 $0 $14,641,000 $15,291,000
TBD - Other 995-90-57071 $0 $4,000,000 $734,933 $4,734,933 Unfunded 999-90-57071 $0 $0 $4,050,807 $8,414,896
Total $5,424,772 $5,442,949 $19,676,740 $30,544,461
ALTERNATIVES:
The City Council may elect not to authorize the City Manager to execute the Right of Way Agreement and the City Clerk to accept an Easement Deed from Oschner/Common Area and or Schwan Brothers Properties, LLC for the San Jose Creek Multipurpose Pat h Project. Doing so would delay acquisition of the property necessary for construction of the project which could put the grant funding for the project in jeopardy.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Right of Way Agreement and Easement Deed for Ochsner/Common Area property for the San Jose Creek Multipurpose Path Northern and Southern Segments Project.
2. Right of Way Agreement and Easement Deed for Schwan Brothers Properties, LLC property for the San Jose Creek Multipurpose Path Northern and Southern Segments Project.
5 ATTACHMENT 1
Right of Way Agreement and Easement Deed and Certificate for Ochsner/Common Area property for the San Jose Creek Multipurpose Path Northern and Southern Segments Project 6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 ATTACHMENT 2
Right of Way Agreement and Easement Deed for Schwan Brothers Properties, LLC property for the San Jose Creek Multipurpose Path Northern and Southern Segments Project 21 22
23 24
25 26
27 28
29 30
31 32
33 34