CPMS
Agenda Item C.1
PUBLIC HEARING
Meeting Date: June 18, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Interim Public Works Director PREPARED BY: Gerald Comati, Contract Project Manager
SUBJECT: Adoption of a Resolution of Necessity for Acquisition of Easement Interests Related to the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project
RECOMMENDATION:
A. That the City Council conduct a public hearing to consider the adoption of a proposed Resolution of Necessity, making the following findings:
i. The public interest and necessity require the proposed project; ii. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; iii. Acquisition of the easement interests in Assessor Parcel Nos. 071-090-089 and 071-090-063 are necessary to construct the Ekwill Street and Fowler Road Extensions Project and Hollister Avenue Bridge Project; iv. The offer required by section 7267.2 of the California Government Code was made; and
v. The public use for these properties (the easement interest) is a more necessary use than the use for which the properties are appropriated; and B. Adopt, by a two -thirds majority vote, Resolution No. 24 -___, entitled “ A Resolution of the City Council of the City of Goleta, California, Declaring that the Acquisition of Temporary Construction E asement Interests related to the Ekwill Street and Fowler Road Extensions Project and Hollister Avenue Bridge Project for Assessor Parcel No’s 071-090-089 and 071-090-063, by Eminent Domain is Necessary for the Construction of the Ekwill Street and Fowler Road Extensions Project and Hollister Avenue Bridge Project in the City of Goleta, Santa Barbara County, California, and finding the Acquisition Covered by the Environmental Impact Report and Mitigated Negative 1 Meeting Date: June 18, 2024
Declaration Previously Adopted for the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project, Respectively.”
BACKGROUND:
The City’s Ekwill Street and Fowler Road Extensions Project (Ekwill-Fowler Project) and Hollister Avenue Bridge replacement over San Jose Creek Channel are two projects located in Goleta Old Town that have been in development for several years and are considered two of the highest priority transportation projects in the City. The two projects are closely intertwined because they overlap each other along Hollister Avenue near the Hollister Avenue intersection with the southbound ramps of State Route 217. This overlap prompted the joint decision by the City and Caltrans to construct the two projects under a single construction contract , thereby minimizing disruption and lane closures along Hollister Avenue during construction. This combined project is known as “Project Connect”. The City awarded a construction contract for Project Connect in December 2023 and construction began in March 2024.
Ekwill Street and Fowler Road Extensions (Ekwill-Fowler) Project
The Ekwill -Fowler Project will provide new direct ea st-west routes between Fairview Avenue and Kellogg Avenue across Old Town Goleta and provide considerable operational improvements at the Hollister Avenue interchange with State Route 217 through the construction of roundabouts. The new roadways and operat ional improvements will improve traffic flow in the area, reduce some congestion on Hollister Avenue, provide enhanced bike and pedestrian access through Old Town , and provide better public transit routes linking Old Town to other areas. The Project includ es three major components: the Fowler Road Extension at exis ting South Kellogg Avenue, the Ekwill Street Extension from Kellogg Avenue to Fairview Avenue, and the Hollister Avenue operation improvements (roundabouts) at the interchange with State Route 217.
Hollister Avenue Bridge Project
The objectives of the City’s San Jose Creek Channel Capacity Improvement and Fish Passage Project are to provide capacity for 100-year storm events as well as a fish - passable design th rough the length of the San Jose Cre ek concrete channel. The first phase of this important project was successfully constructed in 2014 with 4100 linear feet of channel capacity and fish -passage improvements. The second phase is the Hollister Avenue Bridge Project. This project will complete the remaining channel capacity and fish-passage improvements located at the northern end of the San Jose Creek Channel and will replace the existing Hollister Avenue Bridge over the channel. The bridge represents an obstruction to the 100-year storm capacity of the downstream channel and has been classified by Caltrans as Functionally Obsolete due to hydraulic deficiency.
Project Right of Way Impacts:
The Ekwill-Fowler Project and the Hollister Avenue Bridge Project collectively required acquisitions from twenty-two separate properties. Possession of all necessary right -of- 2 Meeting Date: June 18, 2024
way was secured at the end of 2022. Due to an inability to negotiate acquisition settlements, and in order to preserve the project schedule, the City secured possession of some of the required right-of-way through eminent domain.
DISCUSSION:
In May 2019, the City Council adopted a Resolution of Necessity for seven properties required to construct Project Connect. Following the Resolution of Necessity, in late 2019, the courts authorized prejudgment possessions through eminent domain, on all of the seven properties, thereby allowing construction to proceed on Project Connect. The property owner for two of these properties is Santa Barbara Nissan, LLC, Assessor Parcel Numbers (APN) 071 -090-089 and 071 -090-063. The acquisitions for Santa Barbara Nissan, LLC. included a fee take, a permanent easement, and Temporary Construction Easements (TCE). In December 2020, the City and Santa Barbara Nissan, LLC, entered into a Partial Settlement Agreement, which agreed to the purchase of a new “In -Creek” Permanent Easement, a reduction in size of a previously secured permanent easement, and the identification of a new TCE. However, since this approval and the Order of Possession, the City has not reached a full settlement with Santa Barbara Nissan, LLC., and the case remains in litigation. Due to delays in the start of construction for Project Connect, as a consequence of COVID and other factors, a Stipulation for a TCE extension through December 31, 2024, was requested by the City from Santa Barbara Nissan, LLC. which was subsequently granted. However, further construction delays have prompted an additional request by the City to extend the life of the TCEs to December 31, 2026.
This request has been denied by Santa Barbara Nissan, LLC. Construction of Project Connect began in March 2024, and the City needs the term of the TCEs to be extended through December 31, 2026, to avoid construction delay claims. Consequently, the City has completed a new appraisal for the three TCEs and an offer package has been submitted to Santa Barbara Nissan, LLC.
The City Council is being asked to consider the adoption of a new Resolution of Necessity to acquire additional TCE’s interests for the construction of Project Connect on Santa Barbara Nissan, LLC. properties, APNs 071-090-089 and 071-090-063. A figure showing the TCEs is shown in Attachment 1. The TCEs are necessary to complete the ongoing construction of Project Connect.
Under state law, the City has the power to acquire property for public purposes, so long as just compensation is paid to the owner. The negotiation or potential court determination of just compensation can be time consuming and interfere with the construction of public projects. Therefore, state procedures allow the property to be taken prior to resolving certain conditions. One such condition is a determination by the City Council that the property is necessary for the public project and the project is necessary. In order to ensure the ability of the City to complete construction on Project Connect, the City has prepared a Resolution of Necessity for the privately owned property acquisitions requ ired (Attachment 2).
3 Meeting Date: June 18, 2024
City Council Goals
To ensure the City complies with all constitutional provisions provided herein.
To deliver Project Connect within Old Town Goleta.
To invest in the City's infrastructure (streets, drainage, multipurpose paths, parks, etc.) by focusing on creating and promoting community through people and programs.
Hearings and Required Findings:
The recommended action of the City Council at the conclusion of this public hearing concerns the acquisition of the easement interest only in a portion of the real properties from the property owner.
California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a Resolution of Necessity, which may only be adopted after the governing body has held a hearing and given the party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
1. The public interest and necessity require the proposed project;
2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3. The real property to be acquired is necessary for the project;
4. The offers of just compensation have been made to the property owner; and
5. In addition, to the extent any of the property interest sought is subject to an existing public use, the City must find that the public use for which the property sought to be acquired and described in the Resolution of Necessity is a more necessary public use to which the property is appropriated. (Code of Civil Procedure section 1245.235.)
The proposed Project meets the above required findings as further explained below.
1. The Public Interest and Necessity Require the Proposed Project
The City desires to acquire the easements in order to complete the construction of Project Connect, which is underway. Project Connect will reduce flooding into Goleta Old Town, provide traffic operation improvements and a reduction of traffic congestion at the Hollister Avenue interchange with State Roue 217. In addition, the project will construct new roadways that will improve traffic flow in the area, provide enhanced bike and pedestrian access through Old Town and provide better public transit routes linking Goleta Old Town 4 Meeting Date: June 18, 2024
to other areas. The project is included in many City and regional planning documents and is widely supported by the community.
2. The Project is Planned or Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
The completed Project Connect will enhance access for existing businesses and residences. The alignment of the new roads was determined by the City to be the most beneficial and viable from a cost standpoint and operationally effective. In order to ensure that the project will result in the least private injury, the project has been designed to minimize right-of-way impacts.
3. The Real Property Sought to be Acquired is Necessary for the Project
The acquisition identified in Attachment 1 is necessary to complete construction along Hollister Avenue as part of Project Connect. The TCEs are required to construct a new sidewalk and driveway aprons along the north side of Hollister Avenue and conform them to the private properties, and to construct the replacement Hollister Avenue Bridge. The Resolution, which is Attachment 2, identifies each parcel and the corresponding type of take. There are no other viable proj ect alternatives that would result in fewer impacts to private property.
The construction of Project Connect will affect the APNs listed in Table 1 below.
Table 1: Real Property Acquisitions Needed
Address APN# Take Description Area
(SF) Owner
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HB-5-3) 157 Santa Barbara Nissan LLC
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HOLL-2-1) 1,788 Santa Barbara Nissan LLC
5590 Hollister Ave,
Goleta, CA 93117 071-090-063 TCE (HOLL-3-1) 946 Santa Barbara Nissan LLC
4. The Offer of Just Compensation Was Made to the Property Owner
Offers based on a certified appraisal for the needed TCEs have been presented to Santa Barbara Nissan, LLC. The offer letter was mailed to the property owner on May 31, 2024.
Negotiations for the fair compensation of property owners are ongoing and the City desires to reach mutually acceptable terms with the property owner such that the construction of Project Connect can be kept on schedule. However, there may be issues of valuation and compensation that will require additional time to resolve. The City is fully committed to continuing to work through these issues until they can be resolved to the parties' mutual agreement.
5 Meeting Date: June 18, 2024
5. The Public Use for This Property (the Easement Interest) is a More Necessary Use Than the Use for Which the Property is Appropriated
The requested TCEs are for temporary construction use only. They are needed to conform to the construction of new sidewalks and driveways to the properties and for the construction of the replacement Hollister Avenue Bridge. Once the conform construction is completed, the easements will no longer be needed and will revert to the original property use.
The action described herein is not believed to interfere with or impair the existing or future use of the property. The City Council is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.160 of the California Code of Civil Procedure.
This action will not commit the City to the use of eminent domain but will allow the City to do so if a voluntary solution is not achieved in time to maintain the ongoing construction schedule for Project Connect. Santa Barbara Nissan, LLC has been given direct notice as required by statute.
FISCAL IMPACTS:
Based on the appraisal reports and offer letters prepared by the City’s contract Right-of- Way Agent (Hamner Jewell Associates), the appraised value of the TCE’s interest at each property totals approximately $59,636. Funds for acquiring the TCEs required for the construction of the Project Connect are included in the approved FY 2023/24 budget. As such, no additional appropriations are required at this time. Tables 2 and 3 below include estimated project costs for the Hollister Avenue Bridge and Ekwill-Fowler projects and their funding sources.
Table 2: Hollister Avenue Bridge Project Estimated Costs and Funding
Project
Components
Estimated
Costs Funding Source Funding
Amounts
Conceptual Design* $300,000.00 Measure A (205) $1,002,534.00 Environmental* $400,000.00 HBP (401) $29,000,000.00 Final Design* $3,244,993.00 General Fund (101) $2,605,391.45 Land Acquisition $4,220,000.00 General Fund (102) $343.60 Construction $28,441,648.42 DIF Transportation $3,888,870.61 DIF Storm $100,000.00
RDA $9,501.76
Total: $36,606,641.42 Total: $36,606,641.42
*Actual costs
6 Meeting Date: June 18, 2024
Table 3: Ekwill-Fowler Project Estimated Costs and Funding
Project
Components
Estimated
Costs Funding Source Funding
Amounts
Conceptual Design* $1,133,279.00 General Fund (101) $10,842,992.95 Environmental* $1,133,279.00 General Fund (102) $250,000.00 Final Design* $6,895,611.00 Measure A (205) $1,325,292.18 Land Acquisition $5,763,000.00 DIF (Transportation) $16,564,956.11 Construction $51,694,372.91 Gas (201) $694,000.00
LRDP (230) $5,986,710.00
STIP (308) (grant) $15,820,780.95
CDBG (402) (grant) $97,000.00
ARPA (423) $4,933,990.00
STIP (404) $670,186.58
RDA (601) $654,318.14
Measure A Named
Project – Awaiting
Council Approval of Coop
Agreement $8,414,000.00
Measure A Grant (206) $365,315.00
Total: $66,619,541.91 Total: $66,619,541.91
*Actual costs
ALTERNATIVES:
The City may elect not to adopt the Resolution of Necessity and direct staff to continue to negotiate with the property owners. However, if the Council does not adopt the Resolution of Necessity and the City is unable to finalize negotiations by December 31, 2024, the ongoing construction of Project Connect would be subject to delay claims by the construction contractor.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Right-of-Way Exhibit.
2. Resolution No. 24 -___, entitled “ A Resolution of the City Council of the City of Goleta, California, declaring that t he acquisition of Temporary Construction Easement interests related to the Ekwill Street and Fowler Road Extensions Project and Hollister Avenue Bridge Project for Assessor Parcel No’s 071-090-089 and 071-090-063, by eminent domain is necessary to construct the Ekwill Street 7 Meeting Date: June 18, 2024
and Fowler Road Extensions Project and Hollister Avenue Bridge Project in the City of Goleta, Santa Barbar a County, California, and finding the acquisition covered by the Environmental Impact Report and Mitigated Negative Declaration previously adopted for the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project, respectively.”
3. PowerPoint Presentation on Ekwill Street and Fowler Road Extensions Project and Hollister Avenue Bridge Project Resolution of Necessity
8 ATTACHMENT 1
Right-of-Way Exhibit
9 S A N J O S E C R E E K
DEARBORN
PL.
HOLLISTER AVENUE
KELLOGG AVE
50'
TEMPORARY CONSTRUCTION EASEMENT
SAN JOSE CREEK
ENGINEERS INC
0' 40'40' 20' 20'
1 inch = 40 ft.
CITY OF GOLETA
COUNTY OF SANTA BARBARA
STATE OF CALIFORNIA
RIGHT OF WAY
APPRAISAL MAP
HOLLISTER BRIDGE
10 ATTACHMENT 2
Resolution
11 65266.00004\42377676.1
RESOLUTION NO. 24__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, DECLARING THAT THE ACQUISITION OF TEMPORARY
CONSTRUCTION EASEMENT INTERESTS RELATED TO THE EKWILL
STREET AND FOWLER RO AD EXTENSIONS PROJECT AND
HOLLISTER AVENUE BRI DGE PROJECT FOR ASSESSOR PARCEL
NOS. 071-090-089 AND 071-090-063, BY EMINENT DOMAIN IS
NECESSARY FOR THE CO NSTRUCTION OF THE EK WILL STREET
AND FOWLER ROAD EXTE NSIONS PROJECT AND T HE HOLLISTER
AVENUE BRIDGE PROJEC T IN THE CITY OF GOLE TA, SANTA
BARBARA COUNTY, CALIFORNIA, AND FINDING THE ACQUISITION
COVERED BY THE ENV IRONMENTAL IMPACT REPORT A ND
MITIGATED NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR
THE EKWILL STREET AN D FOWLER ROAD EXTE NSIONS PROJECT
AND THE HOLLISTER AVENUE BRIDGE PROJECT, RESPECTIVELY
WHEREAS, the existing vehicular, pedestrian, and bicyclist access to and within southern Goleta Old Town is cumbersome and deficient; and WHEREAS, congestion on Hollister Avenue continues due to local and regional growth; and
WHEREAS, the Ekwill Street and Fowler Road Extensions Project will improve connectivity and access to, from, and within southern Goleta Old Town as well as to the Santa Barbara Airport and reduce congestion a long Hollister Avenue and provide enhanced bicycle and pedestrian access; and
WHEREAS, the existing Hollister Avenue Bridge over San Jose Creek Channel is functionally obsolete and is an obstruction to the flow of 100-year flood water within San Jose Creek Channel; and
WHEREAS, the Ekwill Street and Fowler Road Extensions Project, including the construction of two new roads and operational improvements at the Hollister Avenue Interchange with State Route 217 , as well as the acquisition of necessary property, is consistent with all applicable provisions of the City’s General Plan; and WHEREAS, the Hollister Avenue Bridge Project, including the replacement of the functionally obsolete Hollister Avenue Bridge which completes the flood capacity improvements to the San Jose Creek Channel , as well as the acquisition of necessary property, is consistent with all applicable provisions of the City’s General Plan; and WHEREAS, construction of the Ekwill Street and Fowler Road Extensions Project will require certain interests in private property to be acquired for the new roads and operational improvements; and
12 65266.00004\42377676.1
WHEREAS, construction of the Hollister Avenue Bridge Project will require certain interests in private property to be acquired for the new bridge and flood capacity improvements to San Jose Creek Channel; and
WHEREAS, in order to minimize construction impacts, construction of the Ekwill Street and Fowler Road Extens ions Project and the Hollister Avenue Bridge Project will be constructed as a single project, collectively referred to as Project Connect; and WHEREAS, in May 2019 the City of Goleta adopted a Resolution of Necessity under California Streets & Highways and Government Code sections to acquire the real property from a number of properties, including property owned by Santa Barbara Nissan LLC; and
WHEREAS, in November 2019, the City of Goleta was granted prejudgment possession and secured possession through Eminent Domain of the property owned by Santa Barbara Nissan, LLC and said possession included two Temporary Construction Easements; and
WHEREAS, in December 2020, the City and Santa Barbara Nissan, LLC, entered into a Partial Settlement Agreement, which agreed to the purchase of a new “In-Creek” Permanent Easement, a reduction in size of a previously secured permanent easement, and the identification of a new TCE; and
WHEREAS, in August 2021, as a result of project del ays due to COVID, the City of Goleta requested an extension of term for the Temporary Construction Easements from December 1, 2022, to December 31, 2024, and this request was agreed to by Santa Barbara Nissan, LLC; and
WHEREAS, Construction of Project Connect began in March 2024; and WHEREAS, delays to the construction phasing of Project Connect have forced the City of Goleta to request a further extension of term for the Temporary Construction Easements from December 1, 2024, to December 31, 2026, in o rder to ensure no disruption of construction; and
WHEREAS, the City of Goleta request ed a further extension of term for the Temporary Construction Easements from December 1, 2024, to December 31, 2026, has been denied by Santa Barbara Nissan, LLC; and
WHEREAS, the City of Goleta has authority under California Streets & Highways and Government Code sections to acquire the real property described herein for the purposes of Project Connect; and
WHEREAS, the easement interests sought to be acquired are identified as follows and shown in the attached as Exhibit A:
13 65266.00004\42377676.1
Address APN# Take
Description
Area
(SF) Owner
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HB-5-3) 157 Santa Barbara Nissan LLC
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HOLL-2-1) 1,788 Santa Barbara Nissan LLC
5590 Hollister Ave,
Goleta, CA 93117 071-090-063 TCE (HOLL-3-1) 946 Santa Barbara Nissan LLC
WHEREAS, an offer of compensation required by Section 7267.2 of the Government Code, has been made to the respective owners or owners of record.
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for June 18, 2024, at ______p.m., and gave to each affected person or entity person identified as having a possessory interest in the existing easement, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing was held by the Ci ty and each person whose property interest is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLETA AS FOLLOWS:
SECTION 1: AUTHORITY
The City of Goleta has the authority to acquire property through the exercise of the power of eminent domain pursuant to California Government Code Section 37350.5.
SECTION 2: PUBLIC USE
The property sought to be acquired herein is for the public purpose of constructing Project Connect.
SECTION 3: PROPERTY INTERESTS
The following private property interest are needed for Project Connect and are sought to be acquired:
14 65266.00004\42377676.1
Address APN# Take
Description
Area
(SF) Owner
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HB-5-3) 157 Santa Barbara Nissan LLC
5580 Hollister Ave,
Goleta, CA 93117 071-090-089 TCE (HOLL-2-1) 1,788 Santa Barbara Nissan LLC
5590 Hollister Ave,
Goleta, CA 93117 071-090-063 TCE (HOLL-3-1) 946 Santa Barbara Nissan LLC
The legal definitions, legal descriptions and maps for the above parcels are attached to this resolution as Exhibit A.
SECTION 4: HEARING
On May 31, 2024, the owners of record for the above -referenced parties were provided notice of hearing pursuant to California Code of Civil Procedure section 1245.235.
SECTION 5: FINDINGS
Having duly heard and considered this matter at a hearing on June 18, 2024, the City Council finds and hereby declares:
a. The public interest and necessity require the Project Connect.
b. Project Connect is designed, planned and located in the manner that will be most compatible with the greatest public good and the least private injury.
c. The real property interests described in this resolution are necessary for the Project Connect.
d. The offers of compensation required by Section 7267.2 of the California Government Code have been made to owner of record.
e. The requested easements are for temporary construction use only needed to conform to the construction of a new sidewalk and new driveways to the properties as well as for the construction of the replacement Hollister Avenue Bridge.
SECTION 6: ADOPTION
This resolution is adopted by at least two -thirds vote of the members of the City Council as required pursuant to California Code of Civil Procedure section 1245.240.
SECTION 7:
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
15 65266.00004\42377676.1
SECTION 8:
Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described easement interest s in real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct an y errors or to make or agree to non -material changes in the legal description of the real pro perty that are deemed neces sary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the maintenance and operation for the project for what the easement interest is being acquired.
PASSED, APPROVED, AND ADOPTED this 18th day of June 2024.
__________________________
PAULA PEROTTE, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
16 65266.00004\42377676.1
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 18th day of June, 202 4 by the following vote of the Council:
AYES:
NOES:
ABSENT:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
17 EXHIBIT A
The Legal Definitions, Legal Descriptions and Maps
18 C:\Box\Projects\CIGOL Goleta\CIGOL.120004.00 Hollister Avenue Bridge Design\Survey\Drawings\ROW & TCE Exhibits\REV HB 5-2 & 5-3\HB-5-3_REV LEGAL.doc (Temporary Construction Easement Legal Description)
Parcel: HB-5-3
A portion of land in the City of Goleta, County of Santa Barbara, State of California, being a portion of Parcel B of Parcel Map No. 12,482 recorded in Book 24, Pages 41 and 42 of Parcel Maps, in the office of the County Recorder of said County.
Said portion of land is described as follows:
Commencing at the intersection of the northerly line of Hollister Avenue with the easterly line of said Parcel B, said point of intersection being shown on record of survey recorded in Book 179,
the southwesterly terminus of that line shown on said map as N 11° 41' 46" E, 31.09 feet; thence along the northerly line of Hollister Avenue the following two courses, N 70° 44' 49" W, 9.86 feet to the beginning of a non-tangent curve; thence, along the arc of said curve having a radius of 1051.91 feet, being concave southwesterly and having a radial bearing of N 19° 14' 01" E and a central angle of 05° 53' 35", in a northwesterly direction 108.19 feet; thence, leaving said northerly line of Hollister Avenue S 76° 39' 34" E, 47.87 feet to the beginning of a tangent curve, also being the point of beginning; thence,
1st Along the arc of said curve having a radius of 508.49 feet, being concave northeasterly through a central angle of 03° 30' 52", in a southeasterly direction 31.19 feet; thence, 2nd N 09° 49' 34" E, 5.05 feet; thence,
3rd N 79° 14' 08" W, 22.03 feet; thence,
4th N 76° 41' 13" W, 9.19 feet; thence,
5th S 09°26’07” W, 5.01 feet to the point of beginning.
Containing an area of 157 square feet more or less.
Bearings and distances as shown herein are based upon the California Coordinate System of 1983 (CCS83) Zone 5.
This real property description was prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.
Signature: Date: 3/22/2021
Shane C. Sobecki, PLS
19 20
P:\CIGOL Goleta\CIGOL.110006 Ekwill Street and Fowler Road Extensions Project\Survey Data\RW ENGINEERING\All of Hollister(PTR,VD, Legals & Sketches)\Hollister-2(APN 71-090-89)\HOLL-2-1 LEGAL.doc (Temporary Construction Easement Legal Description)
Parcel: HOLL-2-1
A portion of land in the City of Goleta, County of Santa Barbara, State of California, being a portion of Parcel B of Parcel Map No. 12,482 recorded in Book 24, Pages 41 and 42 of Parcel Maps, in the office of the County Recorder of said County.
Said portion of land is described as follows:
Commencing at the intersection of the northerly line of Hollister Avenue with the easterly line of said Parcel B, said point of intersection being shown on record of survey recorded in Book 179,
the southwesterly terminus of that line shown on said map as N 11° 41' 46" E, 31.09 feet; thence along the northerly line of Hollister Avenue the following three courses, N 70° 44' 49" W, 9.86 feet to the beginning of a non-tangent curve; thence, along the arc of said curve having a radius of 1051.91 feet, being concave southwesterly and having a radial bearing of N 19° 14' 01" E and a central angle of 05° 53' 35", in a northwesterly direction 108.19 feet to the point of beginning; thence,
1st Continuing along the arc of last said curve, through a central angle of 05° 32' 17", in a northwesterly direction 101.67 feet to a point on the westerly line of said Parcel B; thence,
2nd along said westerly line N 00° 57' 23" E, 15.11 feet to the beginning of a non-tangent curve; thence,
3rd along the arc of said curve having a radius of 1066.91 feet, being concave southwesterly and having a radial bearing of N 07° 42' 21" E and a central angle of 05° 38' 05", in a southeasterly direction 104.92 feet; thence,
4th S 13° 20' 26" W, 10.00 feet; thence,
5th S 76° 39' 34" E, 47.53 feet; thence,
6th S 09° 26' 07" W, 5.01 feet; thence,
7th N 76° 39' 34" W, 47.87 feet to the point of beginning.
Containing an area of 1,788 square feet more or less.
Bearings and distances as shown herein are based upon the California Coordinate System of 1983 (CCS83) Zone 5.
This real property description was prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.
Signature: Date: 4/19/2017
Shane C. Sobecki, PLS
21 22
P:\CIGOL Goleta\CIGOL.110006 Ekwill Street and Fowler Road Extensions Project\Survey Data\RW ENGINEERING\All of Hollister(PTR,VD, Legals & Sketches)\Hollister-3(APN 71-090-63)\HOLL-3-1 LEGAL.doc (Temporary Construction Easement Legal Description)
Parcel: HOLL-3-1
A portion of land in the City of Goleta, County of Santa Barbara, State of California, being a portion of land described in the quitclaim deed to Clive Waye, Trustee of the Clive Waye Living Trust Declaration of Trust dated May 24, 1989 and recorded as Instrument No. 89-034318 of Official Records, in the office of the County Recorder of said County.
Said portion of land is described as follows:
Beginning at the intersection of the northerly line of Hollister Avenue with the easterly line of said Waye Parcel, said point of intersection being shown on record of survey recorded in Book 179, Page 39 and 40 of Records of Survey in the office of the County Recorder of said County, being the southeasterly terminus of that curve shown as “C1” having a radius of 1051.91 feet, a central angle of 7°21’34”, and an arc length of 135.12 feet; thence, 1st Along the easterly line of said Waye Parcel N 0° 57' 23" E, 15.11 feet to the beginning of a non-tangent curve; thence,
2nd along the arc of said curve having a radius of 1066.91 feet, being concave southwesterly and having a radial bearing of N 7° 42' 21" E and a central angle of 3° 21' 42", in a northwesterly direction 62.60 feet; thence,
3rd S 4° 20' 40" W, 15.00 feet to a point on the northerly of Hollister Avenue, being the beginning of a non-tangent curve; thence,
4th along the arc of said curve having a radius of 1051.91 feet, being concave southwesterly and having a radial bearing of N 4° 20' 40" E and a central angle of 3° 27' 30", in a southeasterly direction 63.49 feet to the point of beginning.
Containing an area of 946 square feet more or less.
Bearings and distances as shown herein are based upon the California Coordinate System of 1983 (CCS83) Zone 5.
This real property description was prepared by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.
Signature: Date: 4/19/2017
Shane C. Sobecki, PLS
23 24
ATTACHMENT 3
PowerPoint Presentation for Project Connect
Resolution of Necessity
25 Project Connect
Resolution of
Necessity
June 18, 2024
Gerald Comati, Contract Project Manager
26 Santa Barbara Nissan, LLC.
Right-of-Way Exhibit
June 18, 2024 City Council Meeting 2
27 1. Does the public interest and necessity require the projects?
2. Are the projects planned or located in the manner
that will be most compatible with the greatest public
good and the least private injury?
3. Are the properties sought to be acquired necessary
for the projects?
4. Have the offers been made to the owners or owners
of record?
5. Is the public use for which the property is sought to be acquired more necessary public use to which the
property is appropriated?
3June 18, 2024 City Council Meeting
28 Questions
June 18, 2024 City Council Meeting 4
29