Agenda Item A.13
CONSENT CALENDAR
Meeting Date: September 19, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Gerald Comati, Contract Project Manager
SUBJECT: Approve Right of Way Agreement and Accept Grant Deed for Property to Facilitate the Ekwill Street and Fowler Road Extensions Project RECOMMENDATION:
A. Approve and authorize the City Manager to execute the Right of Way Agreement with Thornwood Real Estate, LLC; and
B. Authorize the City Clerk to accept the Grant Deeds of property for Assessor Parcel Numbers 071-170-079, -080, -083 owned by Thornwood Real Estate, LLC for the Ekwill Street and Fowler Road Extensions Project.
BACKGROUND:
The purpose of the Ekwill Street and Fowler Road Extension Project (Project) will improve access to, and circulation within , Old Town, improve access to Santa Barbara Airport, enhance pedestrian and bicycle circulation and safety, and allow the expansion of transit opportunities within Old Town. The main elements of the project include the extension of existing South Street from Kellogg Avenue through to Technology Drive, the construction of Ekwill Street from Kellogg Avenue th rough to Fairview Avenue, and operational improvements at the interchange of Hollister Avenue and State Route 217 with the installation of two roundabouts.
Project Right of Way Impacts:
The Project has acquired property through friendly negotiations and eminent d omain for fee takes and easements (permanent and temporary) from nineteen separate properties.
The right-of-way is necessary to allow construction along the proposed Fowler Road and Ekwill Street corridors and along Hollister Avenue to provide space for t he two roundabouts. Since 2014, the City has been engaged in the right of way process and all right-of-way has been successfully acquired. However, the acquired Temporary Construction Easements have a defined term or life, per Caltrans right -of-way requirements. As a result, a number of the temporary construction sasements (TCEs) that 1 Meeting Date: September 19, 2023
were acquired previously are now approaching expiration and therefore new agreements are needed.
DISCUSSION:
Over the next few months, Public Works staff will be taking before Council a number of new TCE agreements for properties required for the construction of the Project. The first of such agreements involve the acquisition of TCEs from Thornwood Real Estate, LLC , who has signed the Right of Way Agreement and associated grant deed. The table below lists the assessment parcel numbers on the properties on which the TCEs are located and the total valuation.
Owner APN TCE Valuation
Thornwood Real Estate, LLC 071-170-079, -080, -083 $166,170
FISCAL IMPACTS:
Based on the appraisal reports, the appraised value of the TCEs totals $166,170. Funds for the acquisition of the temporary construction easements are included in the approved FY 2023/24 budget. As such, no additional appropriations are required at this time.
Table 1 outlines the estimated costs for the Project.
Table 1: Estimated Project Costs
Project Components Estimated
Costs Funding Source Funding
Amounts
Conceptual Design $949,488 General Fund $250,000
Environmental $1,013,260 DIF
(Transportation) $13,527,225
Final Design $6,710,191 STIP (308) (grant) $15,822,321 Right-of-Way $6,603,905 CDBG (402) (grant) $97,000
Construction (including
contingency) $35,428,673 LRDP (230) $5,646,210
Construction Management
and Inspection (CMT) $4,676,585 RDA (601) $654,318
Construction Oversight
Staff Time $496,001
STIP (404) $670,186
Measure A $1,000,000
Unfunded $18,210,843
Total: $55,878,103 Total: $55,878,103
Table 2 below summarizes the project budget amounts and funding sources.
2 Meeting Date: September 19, 2023
Table 2: Project FY 22/23 Carryover & FY 23/24 Funding
Project: Ekwill Street and Fowler Road Extensions Project (Project No. 9002) Account Fund
Type
FY 2022/23
Carryovers
FY 2023/24
Budget
YTD Activity/
Encumbrances
Available
Balance
220-90-9002-57050
(Land Acquisition) DIF $433,329 $0 $57,631 $375,698 220-90-9002-57070
(Design) DIF $1,254,852 $0 $766,860 $487,992
205-90-9002-57071
(Construction) Measure A $0 $1,000,000 $0 $1,000,000
220-90-9002-57071
(Construction) DIF $5,368,346 $0 $3,050,494 $2,317,852 230-90-9002-57071
(Construction) LRDP $1,809,964 $3,031,933 $335,601 $4,506,296 308-90-9002-57071
(Construction)
STIP –
State
Grant
$11,372,000 $0 $1,046 $11,370,954
Total $20,238,491 $4,031,933 $4,211,632 $20,058,792
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 the Grant Deed from Thornwood Real Estate LLC for the Project. Doing so would impact the Project construction schedule and cost.
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 Gran t Deed with Thornwood Real Estate, LLC.
Assessor Parcel Numbers 071-170-079, -080, -083.
3 ATTACHMENT 1
Right of Way Agreement and Grant Deed with Thornwood Real Estate, LLC, Assessor Parcel Numbers 071-170-079, -080, -083.
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