Vista City Council
May 27, 2025

ACTION:
____________________________

Clerk/Secretary
Department: Engineering Item No: C14
Prepared by:

William Tuck, Right-of-Way Agent
Erin Adams, Admin Programs Manager Meeting Date: May 27, 2025 Approved by:

Greg Mayer, Department Director
Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Consent Calendar SU
BJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SHEA HOMES LIMITED

PARTNERSHIP FOR ACQUISITION OF PROPERTY INTEREST IN CONNECTION WITH

OFF-SITE IMPROVEMENTS
RE
COMMENDATION: Adopt City Council Resolution No. 2025- , approval of a reimbursement agreement with Shea Homes Limited Partnership for acquisition of property interests in connection with off-site improvements.

CO
RRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

P
RIOR ACTION: On May 13, 2025, City Council tabled the discussion to obtain further information from Shea Homes Limited Partnership (Vote: 5-0).

O
n February 22, 2022, adopted City Council Resolution No. 2022- 23, approving a General Plan Amendment and Tentative Subdivision Map for a 25- lot single-family residential subdivision located at 2277 Vista Grande Drive (APNs 171- 100-05 and 171- 100-28) (Vote: 3 -2, Contreras and Melendez opposed).

S
TATEMENT ON THE SUBJECT: The City Council approved a General Plan Amendment and Tentative Subdivision Map for a 25-lot single-family residential subdivision located at 2277 Vista Grande Drive (“Project”). As part of the Project, the Developer (Shea Homes) intends to develop 25 residential lots, private streets, and associated public and private improvements on approximately 17 acres. The Project includes conditions of approval requiring the Developer to construct several public improvements, including the construction of a minimum 50-foot-wide right-of-way (ROW) along Vista Grande Drive (Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions)). Satisfaction of that condition requires the acquisition of additional property interests in areas along Vista Grande Drive.

A
lthough the Developer has made a good faith effort to acquire the property interests along Vista Grande Drive, they have been unable to do so by negotiated purchase (see Exhibit 3). Following their efforts, the Developer sent a letter to the City on February 4, 2025, that triggered the City’s obligation to assist in the acquisition of the property interests under Government Code Section 66462.5.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
05/27/2025
C14

MEETING DATE: May 27, 2025 PAGE 2
SUBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH SHEA HOMES LIMITED

PARTNERSHIP FOR ACQUISITION OF PROPERTY INTERESTS IN CONNECTION

WITH OFF-SITE IMPROVEMENTS
4930-8464-8005, v. 1
Under Section 66462.5, the City can require Shea Homes to enter into the subject agreement that will provide reimbursement to the City for its property interests acquisition costs on behalf of Shea Homes.

Following approval of the agreement, the City’s acquisition of the property interests will commence through discussions with the property owner for a negotiated purchase under City Council Policy 600-10, Procedures for Establishing Just Compensation for the Purchase by Negotiation of Real Property. If a negotiated purchase cannot be made, staff will bring forward a Resolution of Necessity for the City Council’s consideration that, if approved, will enable the City to obtain the necessary property interests through eminent domain.

N
otably, the Government Code does not allow the City to postpone or refuse approval of Shea Homes’ Final Map due to their failure to satisfy this Condition of Approval. Therefore, if the City does not approve the reimbursement agreement within 120 days of Shea Homes filing their Final Map for approval, then the above-described Condition of Approval will be automatically waived under Government Code section 66462.5(b) and no longer be the financial obligation of Shea Homes. As these improvements are designed to ensure safe public and fire access along Vista Grande Drive, staff recommend approval of this agreement and enforcement of the Condition of Approval against Shea Homes.

F
ISCAL IMPACT: There is no direct fiscal impact with this staff recommendation. If the reimbursement agreement is approved, Shea Homes remains responsible for all costs associated with the property interests acquisition. Shea has provided a surety bond as well as deposited $50,000 to cover any City costs associated with this agreement.

E
XHIBITS:

1. City Council Resolution 2025- , approval of a reimbursement agreement with Shea Homes Limited P
artnership for acquisition of property interests in connection with off-site improvements

2. Reimbursement Agreement with Shea Homes Limited Partnership

3. Timeline of Good Faith Efforts for Negotiation

4. City Council Policy 600-10
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00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVAL OF A REIMBURSEMENT AGREEMENT

WITH SHEA HOMES LIMITED PARTNERSHIP FOR ACQUISITION OF

PROPERTY INTERESTS IN CONNECTION WITH OFF-SITE IMPROVEMENTS The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On February 22, 2022, City Council approved a General Plan Amendment and Tentative Subdivision Map for a 25-lot single-family residential subdivision located at 2277 Vista Grande Drive (APNs 171-100-05 and 171-100-28).

B. The Developer (Shea Homes) has made efforts to acquire the required additional property interests in order to comply with the City’s Conditions of Approval for the project, but, has been unable to do so by negotiated purchase.

C. Pursuant to Government Code Section 66462.5 the Developer has triggered the City’s obligation to assist in the property interest acquisition.

D. Following approval of the agreement, the City’s acquisition of the property interests will commence through discussions with the property owner for a negotiated purchase under City Council Policy 600-10.

2. Action.

A. The reimbursement agreement with Shea Homes Limited Partnership for acquisition of property interests in connection with off-site improvements is approved, and the Mayor is authorized to execute the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 27, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250520173734
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
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AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5

BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND CITY OF VISTA

FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS IN

CONNECTION WITH OFF-SITE IMPROVEMENTS
This AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5

BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND CITY OF VISTA FOR

ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OFF-SITE IMPROVEMENTS (“Agreement”) is entered into between SHEA HOMES LIMITED PARTNERSHIP (“Developer”) and the CITY OF VISTA, a chartered municipal corporation (“City”). Developer and City are referred to jointly below as “Parties.” The Agreement is effective on the date it is fully executed by the Parties (“Effective Date ”). In consideration of the Recitals below, the mutual covenants set forth in this Agreement, and the further consideration described in this Agreement, the Parties agree as follows:

1. Recitals. The Parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.

A. On February 22 , 2022, the City Counci l of the City of Vista adopted Resolution No. 2022-23 approving a General Plan Amendment and Tentative Subdivision Map for a 25 -lot single -family residential subdivision located at 2277 Vista Grande Drive (“Project”), adopting conditions of approval, and making findings in support. As part of the Project, Developer intends develop 25 residential lots, private streets, and associated improvements on that certain real property owned by Developer consisting of approximately 17 acres located at the street address 2277 Vista Grande Drive, which is located on the north side of Vista Grande Drive, northwest of Vista Grande Terrace (APNs 171-100-05 and 171-100-28) (“Subject Property”). The Project was approved for a General Plan Amendment, Zone Change, and Tentative Subdivision Map for a 25- lot single-family residential subdivision.

B. To facilitate orderly development of the Project on the Subject Property, Resolution No. 2022-23 contained specific conditions of approval requiring Developer to construct several public improvements, including the construction of a minimum 50-foot-wide right-of-way (ROW) along Vista Grande Drive with asphalt pavement, street lights, curb, and gutter. Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions) requires the following public improvements:
(i) Vista Grande Drive – Public Portion:
a) A minimum 50-foot-wide right-of-way (ROW)
improved with a minimum 28-foot-wide curb-to-curb
pavement section centered within the ROW.
b) Improvements shall include, streetlights as shown on the Preliminary Grading Plan, 6-inch concrete curb
and gutter on the South Edge of the roadway with an
asphalt pavement section on the North side of the
roadway matching the edge of the existing pavement.

A minimum pavement section of 4 inches AC over 8
inches class 2 base with a TI of 6.5 is required.
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EXHIBIT 2
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C. Condition of Approval No. 3(d) of Section F (Engineering Information and Conditions), which seeks to facilitate the orderly development of the circulation system for the Project on the Subject Property, requires Developer to acquire, design, and construct the off -site portion of the public segment of Vista Grande Drive (“Off-site Street Improvements”). City and Developer acknowledge that a portion of the property needed to complete the right -of-way improvements along the public portion of Vista Grande Drive is on private property and not owned or controlled by Developer.

D. Satisfaction of the Off-site Street Improvements requires the acquisition of real property for public streets and all uses necessary or convenient thereto, that is neither owned by Developer or City (referred to below as “Off -site Street Property”). The Off - site Street Property, which is required to satisfy Condition of Approval No. 3(d) is more particularly described on Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of off-site improvements, such as the Off-site Street Property, not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-site Street Property through negotiations or by eminent domain or such off-site improvement conditions will be waived. Pursuant to said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off -site Street Property. This Agreement sets forth the obligations for the costs and responsibilities of the Parties in connection with the acquisition of the Off-site Street Property.

F. Developer has requested that City acquire the Off -site Street Property pursuant to Government Code Section 66462.5.

G. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off -site Street Property but has been unable to do so by negotiated purchase.

H. City is authorized to negotiate the purchase of real property pursuant to City Council Policy No. 600-10 and to acquire property by eminent domain for public use, namely for street purposes and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, and 40404, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law.

I. City must comply with the Relocation Assistance Act, Government Code Sections 7260 et seq ., as applicable, and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements (“Public Land Acquisition Statutes”).

J. To facilitate satisfaction of the subject condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off -site Street Property and to allocate responsibility between the respective Parties.

K. This Agreement is made in furtherance of the authority granted under Government Code Section 66462.5. The Parties recognize that City cannot exercise its power of 05/27/2025
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eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off-site Street Property described in this Agreement.

In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquis ition of the Off -site Street Property by eminent domain, and elects to commence eminent domain proceedings for said property interests, then City will cause the eminent domain proceeding for the acquisition of the Off -site Street Property to be filed and expeditiously processed to completion by and through the use of City’s power of eminent domain.

2. City Acquisition of Off-site Street Property.

A. Subject to the terms of this Agreement, Developer agrees that City will exercise control of the acquisition of the Off -site Street Property and, if necessary, any eminent domain proceedings filed to acquire the Off -site Street Property, including but not limited to, selection of consultants and experts, and regarding any decisions and actions relating to the litigation and settlement. Notwithstanding the foregoing, City shall keep Developer informed of the acquisition process and any eminent domain proceedings and provide Developer the opportunity to review and comment in advance on such process and p roceedings for a period of not less than five (5) business days. City shall make every effort to address Developer’s comments, subject to the procurement procedures in Vista Municipal Code Chapter 3.08. Nothing herein, however, will preclude the City from taking action on any such acquisitions and proceedings provided that Developer has been given at least five (5) business days to review and comment on such process and proceedings.

B. Subject to Developer’s timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off-site Street Property:

1. Pursuant to City Council Policy 600-10 and Eminent Domain Law, City will, in good faith, negotiate with the current owner(s) of the Off-site Street Property to attempt to acquire the Off -site Street Property by negotiated agreement without the necessity of eminent domain proceedings.

2. If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption of resolutions of necessity for the acquisition of the Off-site Street Property in accordance with all applicable laws. The City Attorney’s Office will file condemnation proceedings for the purpose of acquiring the Off-site Street Property by eminent domain if (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts and evidence presented at any hearing scheduled for the consideration of the adoption of a resolutions of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of any respective resolutions o f necessity under the Emine nt Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt any respective resolutions of necessity by the required votes.

3. If the City Council adopts any resolutions of necessity for the Off - site Street Property, the City Attorney’s office will file, on behalf of the City, any eminent domain proceedings promptly following the adoption of such resolutions of necessity and will diligently prosecute any such proceedings.
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C. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off- site Street Property.

D. Developer agrees that the City Attorney’s Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceedings do not represent Developer in any capacity and further that Developer is not a third -party beneficiary.

E. The Parties further agree that this Agreement can be terminated by the City if the court determines in any condemnation proceeding that the City does not have the right to take the Off-site Street Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt a resolution of necessity.

3. Developer Responsible for All Costs of Acquisition . Developer is solely responsible for all Off -site Street Property acquisition costs, whether by negotiated purchase or Eminent Domain Law, which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys’ fees, deposits necessary to take immediate possession of Off-site Street Property, deposits reflecting settlement of any suit(s) filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off-site Street Property, just compensation for the Off-site Street Property (including payments for land and improvements on the land), severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, Off -site Street Property owners’ statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings (“Acquisition Costs”).

4. Limitations on City’s Ability to Acquire Off-site Street Property; Time Waiver. The Parties hereto recognize that if the City Council, in its discretion, adopts any resolutions of necessity and authorizes the filing of any eminent domain proceedings for the acquisition of the Off-site Street Property by eminent domain, the City may no t be able to obtain title to the Off- site Street Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5.

5. Deposit of Costs. Concurrently with the execution of this Agreement by City, Developer will deliver to City the sum of $50,000 (Fifty Thousand Dollars). City agrees to deposit said sum in a separate City account (“Separate Fund”) and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement.

A. City will, on no less than a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to Section 5, above, along with invoices and/or other information reasonably requested by Developer regarding the work to be done. In the event disbursements reduce the balance of the fund to $25,000 (Twenty- Five Thousand Dollars) or less, Developer will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $50,000 within five (5) business days following a written request for said monies by City.

B. In addition to its deposits to the Separate Fund, Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required for the 05/27/2025
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acquisition of the real property interests by negotiated purchase (including escrow -related costs) or by the Eminent Domain Law for deposit by the City with the State Condemnation Fund under Code of Civil Procedure Section 1255.010, et seq. if City and Developer agree that City should seek prejudgment possession of the Off-site Street Property (“Deposit Amount”). If during the course of any eminent domain proceeding(s), the City’s expert valuation witness or the court determines that the fair market value of the Off -site Street Property is higher than the Deposit Amount, Developer will deliver this additional amount to City upon five (5) business days written notice by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court.

C. Concurrently with this Agreement, Developer will deposit with City security in an amount equal to $75,000 (Seventy Five Thousand Dollars) from which City may draw if Developer fails to maintain the Separate Fund balance referenced in Section 5 or fails to provide the monies required by Section 5.B. for the Acquisition Costs relating to the Off-site Street Property within five (5) business days after written notice from City . The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA or better. Notwithstanding the foregoing, in lieu of a surety bond, Developer may provide a deposit by cash or check, or letter of credit from one or more responsible financial institu tions regulated by federal or state government and pledging that the funds are available and guaranteed for payment on demand by the City. With this security, the form of which shall be subject to City Attorney’s prior approval, the Developer assures faithful performance of its obligations under this Agreement.

D. When any eminent domain proceeding(s) that was/were commenced pursuant to this Agreement is concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made in connection with the acquisition of said Off -site Street Property. In addition, City will take steps to expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if any such eminent domain proceeding is dismissed or abandoned.

6. Developer Acquisition of Property . If Developer should independently acquire all or any portion of the Off -site Street Property by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding relating to any portion of the Off-site Street Property acquired by Developer by negotiation when title to said property is vested in either Developer or City. If a complete or partial abandonment is filed, Developer will bear any and all costs, expenses, and/or damages related to said abandonment, including, but not limited to, any condemnee’s recoverable costs and/or recoverable attorneys’ fees pursuant to Code of Civil Procedure Section 1268.610, et seq.

7. Miscellaneous.

A. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:

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City: CITY OF VISTA
200 Civic Center Drive
Vista, CA 92084
Attention: City Manager

Developer: SHEA HOMES LIMITED PARTNERSHIP
9990 Mesa Rim Road, Suite 200
San Diego, CA 92121
Attention: Community Development

B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.

C. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement.

D. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.

E. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement.

F. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto.

G. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.

Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.

H. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.

I. Attorneys’ Fees. If either of the Parties hereto incurs attorneys’ fees in order 05/27/2025
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to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys’ fees from the other party.

J. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

K. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties’ agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.

L. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.

M. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity.

N. Venue. If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

[Text and signatures on following page.]
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IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below.

CITY OF VISTA, a chartered municipal
corporation
Date:

By:

John B. Franklin, Mayor
Attest:

Kathy Valdez, City Clerk
APPROVED AS TO FORM:

Walter Chung, City Attorney

SHEA HOMES LIMITED
PARTNERSHIP, Developer
Date:

By:

Title:

Date:

By:

Title:

NOTE: A CALIFORNIA ALL PURPOSE

NOTARY ACKNOWLEDGMENT MUST BE

ATTACHED FOR ALL SIGNATURES ABOVE

APPROVED
Amanda L. Guy
20250319130139
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Exhibit “A”
Legal Description of Off-site Street Property
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EXHIBIT A
THAT PORTION OF SECTION 8, TOWNSHIP 11 SOUTH, RANGE 3 WEST, SAN BERNARDINO

MERIDIAN, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 14, 1885, DESCRIBED AS PARCEL 2 OF THAT QUITCLAIM DEED TO THAD HUTTON, TRUSTEE, THE THAD HUTTON LIVING TRUST, DATE JULY 3, 2012, RECORDED SEPTEMBER 4, 2014, AS DOC. # 2014-0381445, OFFICIAL RECORDS OF SAN DIEGO COUNTY; MORE FULLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 2;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, SOUTH 33°46'21" EAST 25.00 FEET (NORTH 34°16'00" WEST RECORD) TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT 75.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (A RADIAL TO SAID POINT BEARS NORTH 33°46'21" WEST) SAID POINT ALSO BEING ON THE SOUTHERLY SIDELINE OF THE DEED FOR EASEMENT FOR COUNTY HIGHWAY, RECORDED SEPTEMBER 17, 1956 IN BOOK 6259, PAGE 342 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY;

THENCE DEPARTING SAID WESTERLY LINE, AND ALONG SAID SOUTHERLY SIDELINE, EASTERLY

92.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°20'34" (A RADIAL TO SAID POINT BEARS NORTH 36°34'13" EAST) TO THE POINT OF CUSP WITH A 130.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (A RADIAL TO SAID POINT BEARS NORTH 23°28'34" EAST);
THENCE LEAVING SAID SOUTHERLY SIDELINE, WESTERLY 23.81 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°29'34" TO THE BEGINNING OF A COMPOUND TANGENT 94.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY 65.73 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°04'00", (A RADIAL TO SAID POINT BEARS NORTH 27°05'00" WEST) TO THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE, NORTH 02°37'38" EAST 2.58 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 334 SQUARE FEET , MORE OR LESS.

EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
_______________________________
MAXIMILIAN LEBL, PLS 9323
_______________________________
DATE:

SHEET 1 OF 2

EXHIBIT A

LEGAL DESCRIPTION
PLSA 3474
"ROAD DEDICATION - LEGAL DESCRIPTION"
07/02/2024
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Exhibit “B”
Depiction of Off-site Street Property
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APN:
171-100-14
APN:
171-100-05
APN: 171-100-02
APN: 171-100-48
PARCEL 2 OF QUITCLAIM DEED
09/04/2014
DOC 2014-0381445, OR
LOT 5
MAP 12552
25'
25'

PVT RDESMT
10/19/53
BK 5020,PG 264,ORPUB RDESMT
09/17/56
BK 6259,PG 342,OR
30'

DEDICATED

PER MAP
12552
POC
TPOB
L1

LINE TABLE
L1 - S33°46'21"E(R) 25.00' (N34°16'00"W)
L2 - N02°37'38"E 2.58' (N02°07'59"E)
C1

CURVE TABLE
C1 - L=92.08' R=75.00' D=70°20'34"
C2 - L=23.81' R=130.00' D=10°29'33"
C3 - L=65.73' R=94.00' D=40°04'00"
C2
C3
L2
N33°46'21"W(R)
N36°34'13"E(R) C1
N23°28'34"E(R) C2
N12°59'00"E(R) PCC)
N27°05'00"W(R)

V I S T A GR A N D E DR
N
S
EW
SHEET 2 OF 2
LEGEND

PROPERTY LINE

RIGHT-OF-WAY LINE

CENTER LINE

ADJOINING PROPERTY LINE

RECORD DATA PER QUITCLAIM DEED( )

EXHIBIT B
PLAT
PLSA 3474
ROAD DEDICATION AREA ACQUIRED =
334 SQ.FT., MORE OR LESS

EXHIBIT B
"ROAD DEDICATION - PLAT"
SCALE = 1" = 30'
09/04/2014, DOC # 2014-0381445, O.R.
05/27/2025
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From: Jordan Selva
To: Paul Barnes; Greg Mayer
Cc: John Conley; AmandaL. Guy; Imelda Huerta; Allegra Frost; William Tuck Subject: Re: Vista GrandePotential Eminent Domain Action Date: Wednesday, May 14, 2025 4:30:18 PM
Attachments: image001.png
image. png
image.png
Outlook- Jordan Sel.png
Somepeoplewhoreceivedthismessagedon't [email protected]. Learnwhythisis important
Dear City Staff and Council members,
Please see below for an outline of the timeline of events and efforts to come to a solution with the offsite dedication.

Per the Conditions of Approval section F. 1. e
5/5/ 2022 - Shea Entered into an agreement with Thad Hutton to dedicate 328sqft this portion of his property to the City of Vista. This agreement was notarized and recorded. Mr. Hutton originally did not request any payment for this 328sqft. This permission had a 2 year expiration date Permission to Grade and Road Dedication- Hutton. pdf 4/22/ 2022 - Shea first submitted its Final Map.
5/23/ 2024- The Final Map was approved by staff after more than 2 years and 10 rounds of plan checks. This approval came 19 days after Mr. Hutton' s agreement expired with Shea 5/24/ 2024 - I personally called MR. Hutton to have him sign the agreement 6/24/ 2024 - Mr. Hutton decided a contract extension was not in his best interest Re_ Vista Grande Easement. msg
7/3/ 2024 - I called out to Thad to start negotiations, but never heard back 7/10/ 2024 - Shea reached out to the previous landowner to see if he could reach out to Thad to bring him to negotiations
7/12/ 2024 - The previous owner received this message 7.12.24. pdf 7/16/ 2024 - Shea Offered to make a contribution to the foundation of Mr. Hutton' s choice 7/18/ 2024 - Mr. Hutton told the previous landowner that " It' s a compensation decision at this point." and mentioned he had no idea what the market rate is, or what a fair price would be, but that he was looking into it. Shea never received a follow up to what Mr. Hutton thought a fair price 05/27/2025
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EXHIBIT 3
would be. 7.18 7.22.24. pdf
9/9/ 2024 - Shea met with Greg Mayer and Mr. Hutton at the City of Vista City Hall at 8:30am PST to discuss Mr. Hutton' s newest demands. From that meeting Mr. Hutton mentioned that he did not want compensation but instead wanted improvements along his frontage. This list included 11 24" privacy trees ( eucalyptus or similar), 2 set of dry and wet stubs, 2 concrete aprons, and as many site boulders as possible.
9/13/ 2024 - Shea employed Landscape architect and PLSAto create the exhibit that that Mr.

Hutton was looking for.
11/ 15/2024 - Shea had a virtual teams meeting with Mr. Hutton at 12pm PSTto review the exhibit with the items Mr. Hutton was looking for. See exhibit that was shown during the meeting. 2024- 09-19 Off- Site Exhibit. pdf
11/ 15/2024 - Mr. Hutton reached out to Shea to send the VID contact information since VID would not allow us to set 2 set of wet stubs to a vacant piece of land. 11.15.24. pdf 12/ 3/2024 - Mr. Hutton requested the documents that were shared with him during the virtual meeting on 11/ 15/2024
12/ 19/2024 - Shea sent a first amendment to the permission to grade to Mr. Hutton.

First Amendment to Permission to Grade 12-18-24. pdf .
12/ 19/2024 - We received the following response from Mr. Hutton " Not even close." Re_ Permission to Grade Agreement Vista Grande. msg
12/ 30/2024 - I received an email from Mr. Mayor that was forwarded on to from Mr. Hutton stating that he did believe Shea was negotiating in good faith. He also mentioned that he would send to his attorney and that we would deal with his attorney from that point forward

12.30. 24 1.pdf
1/9/ 2025 - Shea reached out to Mr. Mayer asking for Mr. Hutton' s attorney 1.9.25. pdf Greg Mayer responded that he was talking to Thad and his attorney that day. 1/10/ 2025 - Greg Mayer introduces the Shea team with the City of Vistas legal team. 1/16/ 2025 - Shea's attorney and Thad's attorney had a call at 11am to open discussions again.

Mr. Hutton' s attorney said Mr. Hutton was concerned about timing of improvements and was now looking for cash and access rights.
1/29/ 2025 - Shea met with Greg Mayer, Imelda Huerta, Susan Perciavalle, and Amanda Guy to discuss again three possible solutions of moving the road to avoid Mr. Hutton' s property and next steps if we came to an impasse with Mr. Hutton as we had before. Shea was denied the solutions to move the road from Mr. Hutton' s property.
1/31/ 2025 - Shea employed Jones, Roach & Caringella, Inc. to run a valuation on Mr. Hutton' s property
2/18/ 2025 - Mr. Hutton' s attorney asked: 1. Easement over newly constructed Vista Grande Drive, 2. Three sewer laterals to property line, and 3. a payment of $75,000 2/24/ 2025 - Shea agreed to items 1 and 2, but given the thought on the valuation refused item 3 2/28/ 2025 - Mr. Hutton' s attorney did not consider our counter to be in good fait so they countered with their original offer sent on 2/18/ 2025
3/5/ 2025 - Shea reminded Mr. Hutton' s attorney that this original agreement was signed and executed for nothing and that Shea still believe that the offer of items 1 and 2 were fair given the price of the property.
05/27/2025
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3/13/ 2025 - Mr. Hutton' s attorney countered with same original ask.

I appreciate your patience in me putting together this timeline. Please feel free to reach out with any questions you may have.

Thank you,
Jordan
From: Paul Barnes < paul. barnes@sheahomes. com>
Sent: Wednesday, May 14, 2025 2: 48 PM
To: Greg Mayer < gmayer@vista. gov>; Jordan Selva < Jordan. Selva@sheahomes. com> Cc: John Conley < jconley@vista. gov>; Amanda L. Guy < aguy@vista. gov>; Imelda Huerta < ihuerta@vista. gov>; Allegra Frost < afrost@vista. gov>; William Tuck <wtuck@vista. gov> Subject: RE: Vista Grande Potential Eminent Domain Action Jordanis forwarding shortly.

From: Greg Mayer < gmayer@vista. gov>
Sent: Wednesday, May 14, 2025 2: 39 PM
To: Jordan Selva < Jordan. Selva@sheahomes. com>
Cc: John Conley <jconley@vista. gov>; Amanda L. Guy < aguy@vista. gov>; Imelda Huerta < ihuerta@vista. gov>; Allegra Frost < afrost@vista. gov>; William Tuck < wtuck@vista. gov>; Paul Barnes paul. barnes@sheahomes. com>
Subject: RE: Vista Grande Potential Eminent Domain Action Time is of the essence, so please send this asap.

From: Jordan Selva < Jordan. Selva@sheahomes. com>
Sent: Wednesday, May 14, 2025 11: 20 AM
To: Greg Mayer < gmayer@vista. gov>
Cc: John Conley < jconley@vista. gov>; Amanda L. Guy < aguy@vista. gov>; Imelda Huerta < ihuerta@vista. gov>; Allegra Frost < afrost@vista. gov>; William Tuck < wtuck@vista. gov>; Paul Barnes paul. barnes@sheahomes. com>
Subject: Re: Vista Grande Potential Eminent Domain Action Good morning Everyone,
05/27/2025
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Thank you Greg, yes I watched the meeting and saw what was said. I am currently putting together this information for you and will send over a timeline shortly. I would like to talk at the next city council meeting to discuss this matter in front of the city council members as well as the mayor.

Thank you,
Jordan
From: Greg Mayer < gmayer@vista. gov>
Sent: Wednesday, May 14, 2025 8: 59 AM
To: Jordan Selva < jordan. selva@sheahomes. com>
Cc: John Conley <jconley@vista. gov>; Amanda L. Guy < aguy@vista. gov>; Imelda Huerta < ihuerta@vista. gov>; Allegra Frost < afrost@vista. gov>; William Tuck < wtuck@vista. gov>; Paul Barnes paul. barnes@sheahomes. com>
Subject: Vista Grande Potential Eminent Domain Action
Hi Jordan:

Yesterday evening, the City Council tabled the item recommending approval of the Reimbursment Agrement for the subject project. You can view the item on the City’s website via YouTube. Mr. Hutton attended and spoke on the item.

CC requested a detailed list of any/ all negotiating efforts between Shea and Mr.

Hutton that would demonstrate Shea negotiated in good faith and that evidence that there was a final offer made to Mr. Hutton that he denied.

Please provide this information as soon as possible.

Respectfully,
Greg Mayer, P. E.

Director of Engineering
City of Vista
05/27/2025
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200 Civic Center Dr
Vista, CA 92084
Direct: ( 760) 643- 5408
gmayer@cityofvista. com
https:// link. edgepilot. com/ s/ 70360630/ ugODjWKt4UqE3TVRswSH7Q? u= http:// www. cityofvista. com/
Note: The Civic Center is open Monday through Thursday, 7: 30 AM to 5: 30 PM, and open alternate Fridays from 7: 30 AM to 4: 30 PM.
05/27/2025
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Jones, Roach & Caringella, Inc.

JOSEPHE. RIZZO, MAI, AI-GRS
BENJAMINF. KUNKEL, MAI
JONES, ROACH & CARINGELLA, INC.

REALESTATEVALUATIONCONSULTANTS
10920VIAFRONTERA, SUITE120
SANDIEGO, CALIFORNIA92127
858) 565-2400
www.jrcvaluation.com
ROBERTP. CARINGELLA, MAI, SRA, AI-GRS
ROBERTN. JONES, MAI (RETIRED)
STEPHEND. ROACH, MAI, SRA, AI-GRS, CDEI
ALISONE. ARMS, MAI, SRA, AI-GRS
May8, 2025
Mr. JordanSelva
CommunityDevelopmentManager, SheaHomes
9990MesaRimRoad, Suite200
SanDiego, CA92121
Reference: VistaGrandeDriveWidening, Hutton Property
DearMr. Selva:

At yourrequest, I haveperformedanappraisalof thereferencedproperty. Thisvaluationanalysis is basedon the scopeof work describedbelow andmy investigationto date. Theintendeduse of the appraisalis to provide valuationdocumentationfor an offer to acquirea portion of the landfor roadpurposes. Youarethe clientandthe onlyintendeduserof thisreport. Thereareno other usesor usersof the appraisal. However, we understandyoumaysharethe resultswith the city of Vistaand/or the property owner. The purposeof the appraisalis to estimate the fair marketvalueof the feesimpleinterestin the largerparcel, part to be acquired, andto evaluate damagesandbenefits, if any, relatedto aproposedroadimprovementproject. Fairmarketvalue is definedin the CaliforniaCodeof CivilProcedure. Theeffectivedate of the appraisalisMay 1, 2025.

As set forth in the Uniform Standardsof ProfessionalAppraisalPractice (USPAP), I have communicatedmyconclusionsin thisrestrictedappraisalreport. Becausethisreportispresented in a restrictedformat, it isintendedfor the useof the client only. Thereport maynot containall the supportingrationalefor the opinionsandconclusionsset forth in the report.

ProjectandAcquisition
Theproject (“Project”) for which the property rightsare soughtis a road improvementproject along VistaGrandeDrivethat will necessitatestreet widening, improvementssuchas paving, curb, gutter, andsidewalk, andaccommodationof utilities. Thedurationof constructionof the 05/27/2025
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VistaGrandeDriveWidening, Vista Page2
Jones, Roach & Caringella, Inc.
projectwill be severalmonths. Theroadimprovementprojectisbeingperformedin conjunction with the developmentof BigSkyby SheaHomesto the north of the subjectproperty.

Theland to be acquiredwill be dedicatedto the city of Vistaasa public road right-of-way. The area neededcontains328 squarefeet situated along the southern side of the existingVista GrandeDrive, alongthe northern edgeof the subjectproperty.

Scopeof Work
Forthis assignment, I inspectedthe subjectproperty (from publicrights-of-way), researchedthe physical, legal, and economiccharacteristicsof the property, revieweda providedengineering drawingprovidedby Shea, investigatedlandsales, andperformeda salescomparisonapproach of the land. Damagesand benefits were also considered. The current use is a single-family residenceandundevelopedland. Thehighestandbestusewasdeterminedto be development of multiple homesites. However, if multiple homesitesweredeveloped, the areato be acquired would be a dedicationrequirementto the city and would therefore haveno value.1 Thus, for purposesof this appraisal, I haveappraisedthe largerparcelas a singlehomesite, as this use would not trigger a dedication requirement and the part to be acquiredretains some value consistentwith typicalappraisalpracticein the caseof an acquisitionthat is alsoa dedication requirement).

SubjectProperty
Thesubjectproperty is locatedat 2313WarmlandsAvenue, in Vista. Theproperty is vestedin Thad Hutton and the last sale of the property occurredin 1993. The site consistsof three Assessor’sparcels (171-100-48, 49, 50) that total 5.20acresandspansfrom WarmlandsAvenue on the south to VistaGrandeDrive on the north. Accordingto public records, the property is improved with a 2,555 squarefoot singlefamily home containingfour bedroomsand three bathroomsbuilt in 1990. Aerialphotographyindicatesthat thereisalandscapedandhardscaped yardanda pool. ThepropertyiszonedE-1, Estates, whichallowsfor one-familydwellingper lot, with a minimumlot sizeof 0.5acre. At 5.20 acres, this would indicatethat the subjectproperty couldnominallybe developedwith up to 10 residentiallots, however, this calculationcouldbe reducedby slopes, on andoff-site streets, anddesignconfigurationof future lots. Forexample, there are 25 lots on the nearbySheadevelopmentof 16.51 acres; this indicatesan average 1 Accordingto RyanWaufleof PLSAEngineering, the areato beacquiredwouldbea dedication requirementfor a residentialcollectorroad.
05/27/2025
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VistaGrandeDriveWidening, Vista Page3
Jones, Roach & Caringella, Inc.
nominal lot sizeof 0.66 acresper lot, which would suggestonly 7 lots on the subject. Further investigationof the potential densityof the subjectproperty wasnot performed, asthe areato be acquiredwould be a dedicationrequirementand would therefore haveno value. Thus, for purposesof this appraisal, I haveappraisedthe largerparcelas a singlehomesite, as this use would not triggera dedicationrequirement.

LargerParcelLandValue
A salescomparisonapproachwasusedto valuethe largerparcelland. A table of nearbyland salesisprovidedbelow.

Sale3 is a property with significantsubdivisionpotential andis thereforea highindicatorwhen consideringthe subjectproperty asa singlehomesite. Sale8 is the Sheapurchaseof the land beingdevelopedwith 25 lots for the BigSkyproject to the north of the subjectproperty; this transactionislessrelevantwhenappraisingthe subjectpropertyasa singlehomesitebecauseit is beingsubdividedand requiresdedicationand offsite road improvements. Thesesubdivision sitesaresignificantlyhigherpersquarefoot thanthe remainingestatesales. Theremainingsales are in the rangeof $300,000 to $600,000, or $1.51 to $4.13 per squarefoot of land area, with largersitesgenerallysellingfor lesspersquarefoot of landarea.

Asa singlehomesite, the valueof the 5.20-acreHutton site wasconcludedto be in the rangeof 900,000to $1,000,000. Thehighendof this rangeequatesto $4.41per squarefoot.

SaleNo. Full Address SaleDate Price Size (AC) Size (SF) PricePerSF 1 FairviewDrive Escrow $ 300,000 1.90 82,764 $ 3.62
2 GopherCanyon 3/28/2025 $ 310,000 2.01 87,556 $ 3.54
3 EBobierDrive 1/24/2025 $ 820,000 1.39 60,548 $ 13.54
4 GreenHills Way 11/1/2024 $ 400,000 3.78 164,656 $ 2.43 5 MasonRoad 8/16/2024 $ 383,000 2.13 92,782 $ 4.13
6 1027OsborneStreet 12/29/2023 $ 450,000 6.82 297,079 $ 1.51 7 2922HutchisonStreet 7/10/2023 $ 600,000 5.56 242,193 $ 2.48 8 VistaGrandeDrive 3/29/2022 $5,000,000 16.51 719,176 $ 6.95 LandSales
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VistaGrandeDriveWidening, Vista Page4
Jones, Roach & Caringella, Inc.

AcquisitionAreaValue
Thefee simplelandvaluewasusedto estimatethe valueof the acquisitionarea, whichisto be acquiredin fee. Asmentioned, the acquisitionareais328squarefeet. Thus, the valueof the land to be acquiredis $1,448 ($4.41x 328). Thisvaluewasroundedto $1,500.

DamagesandBenefits
In this case, there areno materialimpactscausedby the acquisition. Thesizeof the remainderis not significantlychanged, andthe highestandbestusedoesnot change. I consideredtemporary impactsfrom construction, howeverconstructionisover500feet from the residence, soI found no materialdamagefrom projectconstruction. Sheaproposesto installimprovementsalongthe frontage of the entire subjectproperty within VistaGrandeDrive, includingcurb, gutter, and sidewalks. Theseimprovementswill cost approximately $60,0002 and will provide aesthetic upgradesto VistaGrandeDriveaswellasimprovepedestrianaccess. If the Huttonpropertywere subdivided, thesesameimprovementswould be requirementsof developmentandwould be a costburdento the Huttonproperty.3 Basedon the analysis, therearenodamagesandthereare materialbenefits.

Conclusions
Basedon myanalysisandinvestigation, I haveconcludedthat the part to beacquiredhasavalue of $1,500, which I haveroundedup to a nominal $2,500to acknowledgea minor administrative burden. Thevalueissubjectto the assumptionsandlimiting conditionscontainedin this report.

Thankyou for this opportunity to be of service. Pleasefeel free to call me if you haveany questionsor comments.

Sincerely,
AlisonE. Arms, MAI, SRA, AI-GRS
3003682
2 Accordingto informationprovidedby SheaHomes.
3 Accordingto RyanWaufleof PSLAEngineering.
05/27/2025
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AssumptionsandLimitingConditions Page5
Jones, Roach & Caringella, Inc.

ASSUMPTIONSANDLIMITINGCONDITIONS
Thisappraisalis subjectto the following specialassumptions, the useof whichmight haveaffectedthe assignmentresults.

1. The valuation of the larger parcel and the part to be acquiredis basedon the hypothetical condition that the project as proposeddoes not exist. The value of the remainder is basedon the extraordinaryassumptionthat the project will beconstructedasproposed.

Thisappraisalis subjectto the followinggeneralassumptionsandlimiting conditions.

1. Information, estimates, and opinionsfurnishedby othersand containedhereinare assumedto betrue, correct, andreliable. A reasonableeffort hasbeenmadeto verify suchinformation; however, no responsibilityfor its accuracyisassumed.

2. Noresponsibilityisassumedfor matterslegalin character, nordo werenderanopinionasto title, whichisassumedto beheld in feesimpleinterestasof the dateof valuationunlessotherwisestated.

3. It is assumedthat the subject property is readily marketable and free of all liens and encumbrances, exceptanyspecificallydiscussedherein.

4. Photographs, plats, and mapsfurnishedare to assistthe readerin visualizingthe property. We havenot madeasurveyof the property, andno responsibilityhasbeenassumedin this matter.

5. It isassumedthat thereareno legitimateenvironmentalor ecologicalreasonsthat wouldprevent useof the propertyto its highestandbestuse, unlessotherwisesetforth herein.

6. Asoilsengineeringstudyhasnot beenprovidedfor this appraisal. It is assumedthat there areno hiddenor unapparentconditionsof the property suchassubsoilconditionswhichwould renderit more or lessvaluable. No responsibilityis assumedfor suchconditionsor for engineeringwhich might be requiredto discoversuchfactors.

7. Thisreport may not be used for any purposeby anyoneother than the party to whom it is addressedwithout our written consent.

8. Thesubmissionof this report constitutescompletionof the servicesauthorized. It is submitted on the condition that the client will provide us customarycompensationrelating to any subsequent requireddepositions, conferences, additionalpreparation, or testimony. 05/27/2025
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AssumptionsandLimitingConditions Page6
Jones, Roach & Caringella, Inc.

ASSUMPTIONSANDLIMITINGCONDITIONS
Continued)

9. Possessionof this report, or a copy thereof, does not carry with it the right of publication.

Disclosureof the contents of this appraisalreport is governedby the by-laws and regulationsof the AppraisalInstitute. Neither all nor any part of the contentsof this report (especiallyreferenceto the AppraisalInstituteor its professionaldesignations) maybedisseminatedto the publicthroughadvertising media, publicrelationsmedia, newsmedia, salesmedia, or anyother publicmeansof communications without prior written consentandapproval.

10. No warrantyismadeasto the seismicstabilityof the subjectproperty.

11. Thedate of value to which the opinionsexpressedin this report apply is set forth herein. We assumeno responsibilityfor economicor physicalfactorsoccurringat somelater date whichmayaffect the opinionshereinstated.

12. Wehavenot performedanengineeringsurvey. Exceptasspecificallystated, datarelativeto size and area were taken from sources considered reliable, and no encroachment of real property improvementsisassumedto exist.

13. No opinionisexpressedasto the valueof subsurfaceoil, gas, or mineralrightsandit is assumed that the property is not subjectto surfaceentry for the explorationor removalof suchmaterialsexcept asis expresslystated.

14. Theprojectionsincludedhereinare utilized to assistin the valuationprocessand are basedon currentmarketconditions, anticipatedshort-term supplyanddemandfactors. Therefore, the projections aresubjectto changesin future conditionsthat cannotbeaccuratelypredictedandcouldaffectthefuture incomeor valueprojections.

15. Testimonyor attendancein court or anyother hearingisnot requiredby reasonof renderingthis appraisalunlesssucharrangementsaremadea reasonabletime in advance.

16. Physicalinspectionof the propertyrevealedno apparentcontaminationby hazardouschemicals or toxic wastes. In addition, no nearbyland useswere noted that are commonlyassociatedwith such problems. It isassumedthat no suchcontaminationof the subjectpropertyexists.

17. Theword “inspection” meansa viewingof the property and its improvements (if applicable) for appraisalpurposes; it should not be construedto mean a professionalbuilding inspectionin which buildingstructuresandsystemsarereviewed, examined, and/or tested. Measurementstaken, if any, are for appraisalpurposesonlyandarenot to be relieduponfor anyother use. 05/27/2025
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AssumptionsandLimitingConditions Page7
Jones, Roach & Caringella, Inc.

ASSUMPTIONSANDLIMITINGCONDITIONS
Continued)

18. A preliminary report was not made availablefor this appraisal. The appraisersassumeno responsibilityfor easements, encroachments, or encumbrancesnot revealedby our physicalinspection of the property. It is assumedthat there are no easements, encroachments, or encumbranceswhich wouldlimit the utility of the property.

19. Thesubjectpropertywaspersonallyinspectedandno obviousevidenceof structuraldeficiencies were found; however, no responsibilityfor hidden defects or conformity to specific governmental requirements, suchasfire, buildingandsafety, earthquake, or occupancycodescanbe assumedwithout provisionof specificprofessionalor governmentalinspections.

20. Byacceptanceand useof this report, the useragreesthat anyliability for errors, omissions, or judgmentis limited to the amount of the fee chargedfor the appraisal. Anyoneactingin relianceupon the opinions, judgments, conclusions, or datacontainedherein, who hasthe potential for monetaryloss due to the reliancethereon, is advisedto securean independentreview and verification of all such conclusionsand/or facts. Theuseragreesto notify us, prior to anyloanor irrevocableinvestmentdecision, of anyerror whichcouldreasonablybedeterminedfrom a thoroughandknowledgeablereview. 05/27/2025
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Appraiser’sCertificate Page8
APPRAISER’SCERTIFICATE
I certify that, to the bestof my knowledgeandbelief:

1. Thestatementsof fact containedin this report aretrue andcorrect.

2. Thereported analyses, opinions, and conclusionsare limited only by the reported assumptions andlimiting conditionsandaremy personal, impartialandunbiasedprofessionalanalyses, opinions, and conclusions.

3. I havenopresentor prospectiveinterest, nor biaswith respectto, the propertythat isthesubject of this report, andno personalinterestor biaswith respectto the partiesinvolved.

4. My engagement in this assignment was not contingent upon developing or reporting predeterminedresults.

5. My compensationfor completingthis assignmentis not contingentupon the developmentor reportingof a predeterminedvalueor directionin valuethat favorsthecauseof theclient, the amountof the valueopinion, the attainmentof a stipulatedresult, or the occurrenceof a subsequenteventdirectly relatedto the intendeduseof this appraisal.

6. The reported analyses, opinions, and conclusionswere developed, and this report has been prepared, in conformity with the Codeof ProfessionalEthicsand Standardsof ProfessionalAppraisal Practiceof the AppraisalInstitute.

7. The appraisalwas developed, and the appraisalreport was prepared in conformity with the UniformStandardsof ProfessionalAppraisalPractice.

8. Theuseof this report is subjectto the requirementsof the AppraisalInstitute relatingto review by its dulyauthorizedrepresentatives.

9. Nooneprovidedsignificantrealpropertyappraisalassistanceto the personsigningthis report.

10. I havepersonallyinspectedthe propertythat is the subjectof this report.

11. I havenot providedservicesrelatedto this property, asan appraiseror in anyother capacity, in the three yearsprior to acceptanceof this assignment.

12. Asof the dateof this report, I havecompletedthe continuingeducationprogramfor Designated Membersof the AppraisalInstitute. I havealsoreceivedcertification from the state of Californiaas a CertifiedGeneralRealEstateAppraiser.

May8, 2025
AlisonE. Arms, MAI, SRA, AI-GRS
3003682
Date
05/27/2025
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Q ualific atio n s o f A liso n E . A rm s, M AI, SR A, A I- G R S Alison E. Arms, MAI, SRA, AI- GRS
Professional Affiliations
Member, Appraisal Institute ( MAI, SRA, AI- GRS)
Certified under Continuing Education Program
Board of Directors, San Diego Chapter, 2017-2019
Chair of Education Committee 2020- 2022
Member, Scholarship Committee 2017-2020
Region VII Representative
Member, International Right of Way Association
California Certified General Real Estate Appraiser ( 3003682) - California Bureau of Real Estate Appraisers
Appraisal Experience
Co- Owner - Jones, Roach & Caringella, Inc. 2023- Present Senior Appraiser - Jones, Roach & Caringella, Inc. 2012- 2023 Researcher - Jones, Roach & Caringella, Inc. 2007- 2012 Educational Background
Degrees:

B. A. degree in Real Estate, San Diego State University 2012 A. S. degree in Business Administration, Miramar College 2010 Academic Honors:

Awarded the Appraisal Institute’ s Candidate for Designation Scholarship 2016 Graduated Cum Laude, San Diego State University 2012
CREW Network Scholarship Recipient 2011
Robert C. Hird II Memorial Scholarship In Real Estate Recipient 2011 Dean’ s List ( Every semester in attendance at San Diego State University) 2009-2012 Executive Director of the Real Estate Society of San Diego State University 2010- 2011 Sample of Professional Courses Completed:

Appraisal Institute:

Condemnation Appraising: Principles and Applications 2022 Appraisal Review Seminar 2022
Mission Trails Biology Hike 2022
Complex Litigation Case Studies 2021
2021 San Diego Market Symposium 2021
San Diego Market Outlook: The Covid 19 Factor 2020
What Does and Doesn’ t Work for Appraisers at Deposition and Trial 2020 7- Hour National USPAP Update Course 2017, 2019, 2022
Southern California Hotel Valuation Update 2019
Federal and California Statutory and Regulatory Laws 2019 2019 San Diego Market Symposium: What’ s New in Your Neighborhood? 2019 IRS Valuation Symposium 2018
San Diego Development, Disasters, and Demographics 2018 The Appraiser as an Expert Witness: Preparation & Testimony 2017 Advanced Market Analysis and Highest and Best Use 2017
Quantitative Analysis 2017
Advanced Concepts and Case Studies 2016
Jon e s, R o a c h & C arin gella, In c .
05/27/2025
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Q ualific atio n s o f A liso n E . A rm s, M AI, SR A, A I- G R S Advanced Income Capitalization Approach 2016
Report Writing and Case Studies 2014
Site Valuation and Cost Approach 2014
Income Approach Part 2 2013
Sales Comparison Approach 2013
National USPAP ( 15 Hour) 2012
Business Practices and Ethics 2012
Income Approach Part 1 2012
Timely Appraisal Topics, Niche Areas of Practice 2012
Market Analysis & Highest & Best Use 2011
Basic Appraisal Procedures 2010
Basic Appraisal Principles 2010
Teaching Experience
Seminar developer and presenter, Day One Commercial Valuation, SDSU 2011, 2013, 2014, 2015 Moderator, San Diego Market Symposium, Appraisal Institute 2021 Publications
Co- Author: “ More than sticks and bricks” - Valuation Magazine, First Quarter 2021 Types of Appraisals/ Assignments
Agricultural
Appraisal Review
Bank Branch/ Financial
Commercial/ Retail Buildings
Community Shopping Centers
Conservation Land and Easements
Easements
Eminent Domain
Government Facilities
Ground Lease
Historical ( Retrospective) Appraisals
Hotel/ Motel
Industrial Properties
Leasehold & Leased- Fee Estates
Master- Planned Communities
Medical Facilities
Medical Office
Military Base
Mitigation and Open Space Land
Mobile/ Manufactured Homes and Parks
Multi- Family
Office
Partial Acquisitions
Public Utility
Rent Analysis
Research and Development
Residential Condominiums
Restaurants
Retail ( Single, Multi- Tenant)
Self- Storage
Single- Family
Specialty- Use
Vacant Land
Partial List of Clients
AECOM
Allen Matkins Leek Gamble Mallory & Nats
Best, Best & Krieger, LLP
C. A. Dept. of Transportation
Canel, King & Jones
Chapman Law Firm
Circle Line Ferries of New York
City of San Diego
City of Santa Barbara
Clark County, Nevada
County of San Diego
Crapo Deeds PLLC
DLA Piper
Fallbrook Elementary District
Jon e s, R o a c h & C arin gella, In c .
05/27/2025
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Q ualific atio n s o f A liso n E . A rm s, M AI, SR A, A I- G R S Fallbrook High School District
Gordon & Rees, LLP
Greenberg Traurig, LLP
H. G. Fenton Company
Hill, Farrer & Burrill LLP
Keeney, Waite & Stevens
Latham & Watkins
Mallory & Nats
McDonalds Corporation
McKenna, Long & Aldridge LLP
Metropolitan Transit System
Michael Wright, Esq.

Murphy & Everetz, LLP
Nossaman LLP
Oceanside Unified District
Olen properties
Olivenhain Municipal Water District
Palmeri Tyler Weiner Wilhelm & Waldron
Palmieri, Hennessey & Leifer LLP
Pardee Homes
Quinn Emanuel Urquhart & Sullivan
Richland Communities
San Diego Association of Governments
San Diego Gas & Electric Co.

San Diego Metropolitan Transit System
San Diego Unified School
Stewart Title
Sudberry Properties
Sullivan, Workman & Dee, LLP
Target Stores
TriPointe Homes
U. S. Department of Justice
United States Navy
Walmart Corporation
Jon e s, R o a c h & C arin gella, In c .
05/27/2025
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Outlook
Re: ThadHutton
From GregPerrine <[email protected]>
Date Fri 7/12/2024 8:15 AM
To JordanSelva <[email protected]>
Cc PaulBarnes <[email protected]>
I receivedthe belowemailfrom Thad - I plan to respond, but let me know if thereis something specificyou would like me to include:

Hi Greg,
There will be a whole host of negative impacts on my quality of life coming with the Shea Homes project, and I don' t see much benefit. When the five acres surrounding me on three sides came up for sale, I purchased it so a developer wouldn' t build on it and ruin my quality of life.

If you see some huge benefit to me gifting property to Shea Homes, by all means, let me know what that is.

Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949) 398- 8467 | Cell: ( 714) 600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thankyou.

On Thu, Jul11, 2024at 9:03AM GregPerrine <[email protected]> wrote:

Jordan,
I calledtwiceand left a message - I'll let you know if/whenhe returnsmy call.

Gp
05/27/2025
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Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949)398- 8467 | Cell: ( 714) 600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thank you.

On Wed, Jul10, 2024at 11:25AM JordanSelva <[email protected]> wrote:

GoodafternoonGreg,
Haveyou heardanythingfrom Thad? I senthim an emaillastweekand left him a VM but havenot beenableto get aholdof him. Wantedto seeif you hadanyluck on your side.

Thankyou,
Jordan
05/27/2025
C14

Outlook
Re: ThadHutton
From GregPerrine <[email protected]>
Date Tue7/16/20242:55 PM
To PaulBarnes <[email protected]>
Cc JordanSelva <[email protected]>
Seebelow emailexchange:

Greg,
A contribution to any foundation in any amount does not affect my decision.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH. org
On Fri, Jul12, 2024at 1:11PMGregPerrine <[email protected]> wrote:

Thad,
Thankyou for the response - I appreciateit. I am sorryyou feelthis project is going to negatively impactyour quality of life. Obviouslythis is not the intent of the developerand they only hopeit will enhancethe surroundingareaoncecomplete.

Thatsaid, I understandandrespectyour position. I do not think therewill be a hugebenefit to you by gifting your property to Shea. Further, my recollectionis this property is not going to Shea, but ratherbeing dedicatedfor the useand benefitof the City/Countypublic ROW. If Sheais unableto agreeto termswith you, not surewhat the next stepswould be and/or if the Citythen stepsin and triesto accomplishthe dedicationby wayof eminentdomain..? Isthereanyconsiderationyou would offer if a modestcontribution could be madeto a foundation of your choice? Not sureSheacould get on board, but just wantedto seeif you haveanythingin mind.

Anyway, I appreciateyour feedback, I am understandingof your position andlook forwardto any additionalfeedbackyou canprovide.
05/27/2025
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Outlook
Fwd: SheaHomes
From GregPerrine <[email protected]>
Date Mon 7/22/2024 1:10 PM
To PaulBarnes <[email protected]>; JordanSelva <[email protected]> Seebelow emailexchangefrom Thad.

Letme know your thoughts and/or if you want me to do anythingelseat the moment.

Gp
Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949) 398- 8467 | Cell: ( 714) 600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thankyou.

Forwardedmessage ---------
From: Thad Hutton < >
Date: Mon, Jul22, 2024at 9:50AM
Subject: Re: SheaHomes
To: GregPerrine <[email protected]>
Greg,
I have no idea what the market rate is, or what a fair price would be, but I' m looking into it.

Thad
Thad Hutton
05/27/2025
C14

IROH Foundation ( Previously RA5)
Operating Executive
Cell: 760- 212- 2241
www. IROH. org
On Thu, Jul18, 2024at 1:05PMGregPerrine <[email protected]> wrote:

Thad,
Ok. ObviouslyI am solelyplayingmiddle manhere, but is there a compensationamountyou would be looking for?
Gp
Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949)398- 8467 | Cell: ( 714) 600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thank you.

On Thu, Jul18, 2024at 1:01PMThadHutton < > wrote:

Greg,
It' s a compensation decision at this point.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell: 760- 212- 2241
www. IROH. org
On Tue, Jul16, 2024at 3:17PM GregPerrine <[email protected]> wrote:

Thad,
05/27/2025
C14

Understood. It is a monetarydecisionfor you at this point? Gp
Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949) 398- 8467 | Cell: ( 714)600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thankyou.

On Tue, Jul16, 2024at 10:01AM ThadHutton < > wrote:

Greg,
A contribution to any foundation in any amount does not affect my decision.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell: 760- 212- 2241
www. IROH. org
On Fri, Jul12, 2024at 1:11PMGregPerrine <[email protected]> wrote:

Thad,
Thankyou for the response - I appreciateit. I am sorryyou feel this project is going to negativelyimpactyour quality of life. Obviouslythis is not the intent of the developerand they only hope it will enhancethe surroundingareaoncecomplete.

Thatsaid, I understandand respectyour position. I do not think therewill be a hugebenefit to you by gifting your propertyto Shea. Further, my recollectionis this property is not going to Shea, but ratherbeing dedicatedfor the useand benefitof the City/Countypublic ROW. If Sheais unableto agreeto termswith you, not surewhat the nextstepswould be and/or if the Citythen stepsin andtriesto accomplishthe dedicationby wayof eminent domain..?
05/27/2025
C14

Isthere anyconsiderationyou would offer if a modestcontribution could be madeto a foundationof your choice? Not sureSheacould get on board, but just wantedto seeif you haveanythingin mind.

Anyway, I appreciateyour feedback, I amunderstandingof your position and look forward to anyadditionalfeedbackyou canprovide.

ALlthe best.

Gp
Greg Perrine
Chief Executive Officer
16800 Aston St. Suite 200, Irvine, CA 92606
Direct: ( 949) 398- 8467 | Cell: ( 714)600- 8141
www. murowdc. com | gperrine@murowdc. com
Theinformation containedin this email transmissionis privileged and confidential information intended only for the reviewand useof the individual or entity namedabove. If the readerof this messageis not the intended recipient, you are herebynotified that any unauthorizeddissemination, distribution, useor copying of this communicationis strictly prohibited. If you havereceivedthis communicationin error, pleaseimmediatelynotify us by telephone. Thankyou.

On Thu, Jul11, 2024at 4:24PM ThadHutton < > wrote:

Hi Greg,
There will be a whole host of negative impacts on my quality of life coming with the Shea Homes project, and I don' t see much benefit. When the fiv e acres surrounding me on three sides came up for sale, I purchased it so a developer wouldn' t build on it and ruin my quality of life.

If you see some huge benefit to me gifting property to Shea Homes, by all means, let me know what that is.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH. org
05/27/2025
C14

From: Thad Hutton
To: JordanSelva
Subject: Re: Vista Grande Easement
Date: Monday, June 24, 2024 2:30: 51 PM
Attachments: image001. png
Hi Jordan,
Pedro finally responded.

However, after consulting with my attorney, I have decided that a contract extension is not in my best interest.

Thad
Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH.org
On Tue, Jun4, 2024at 11:35AM JordanSelva <[email protected]> wrote:

GoodMorning Thad,
Greatthankyousomuch! If thereisanythingwecanhelpwith letusknow. I amhappytosend overanotaryfor thesignatures.

Thankyou,
Jordan
05/27/2025
C14

Youdon't oftengetemailfrom Learnwhythisisimportant
From: ThadHutton <t >
Sent: Tuesday, June4, 202410:43 AM
To: JordanSelva <[email protected]>
Subject: VistaGrandeEasement
Hi Jordan,
Last week I stopped by the City of Vista to get some clarification on the Vista Grande road improvements and they asked me to email my questions, which I did. Once they respond, you' ll hear from me, or my attorney who did the original easement agreement.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH.org
05/27/2025
C14

Outlook
VID Contact
From JordanSelva <[email protected]>
Date Fri 11/15/202412:22 PM
To ThadHutton < >
[email protected]
Thankyou,
Jordan
05/27/2025
C14

From: Thad Hutton
To: JordanSelva
Subject: Re: Permission to Grade Agreement Vista Grande Date: Thursday, December 19, 2024 4:35: 51 PM
Attachments: Outlook- Jordan Sel.png
Hey Jordan,
Not even close.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH.org
On Thu, Dec19, 2024at 2:54PM JordanSelva <[email protected]> wrote:

Goodafternoon Thad,
Thankyou for your patience on this. I haveattached the first draft of the first amendment to permission to grade. Pleasetake a look and let me know if you haveany questions.

Thankyou,
Jordan
05/27/2025
C14

Outlook
FW: Permissionto GradeAgreementVistaGrande
From GregMayer <[email protected]>
Date Mon 12/30/2024 9:32 AM
To JordanSelva <[email protected]>
2 attachments (1 MB)
First Amendment to Permissionto Grade 12-18-24.pdf; First Amendment to Permissionto Grade 12-18-24.docx; fyi
From: Thad Hutton < >
Sent: Monday, December 23, 2024 11:29 AM
To: Greg Mayer <[email protected]>
Subject: Fwd: Permission to Grade Agreement Vista Grande Hi Mr. Mayor,
It does not appear Shea is negotiating in good faith by the looks of this. I' ll send this over to my attorney and Shea can deal with him from now on.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH. org
Forwarded message ---------
From: Jordan Selva < Jordan. Selva@sheahomes. com>
Date: Thu, Dec 19, 2024 at 2:54 PM
Subject: Permission to Grade Agreement Vista Grande
To: Thad Hutton < >
Good afternoon Thad,
Thank you for your patience on this. I have attached the first draft of the first amendment to permission to grade. Please take a look and let me know if you have any questions.

Thankyou,
05/27/2025
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W
S
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W
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S
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SS
RP
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3'' LAYER BARK MULCH IN
10' WIDE LANDSCAPE

FRONTAGE
5' HT. WALL WITH OPTIONS
FOR 42'' THEME WALL OR

VINYL RAIL FENCE

SITE BOULDERS
24'' BOX TRISTANIA CONFERTA

BRISBANE BOX)
TREES AT 20'-30' O. C.,

IRRIGATED WITH BUBBLERS

FUTURE DRIVEWAY LOCATIONS

TRISTINIA CONFERTA

FAST- GROWING EVERGREEN TREE REACHING
30-40' HT. X 25' WIDE
VISTA
GRANDE
DRIVE
VISTA

G R A N D E D R IV E

CONCRETE SIDEWALK
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NorthScale: 1''= 10'
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09/19/ 2024

BIG SKY OFF- SITE LANDSCAPE IMPROVEMENTS
LOT 19

PROPERTY LINE
05/27/2025
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Outlook
FW: FW: Permissionto GradeAgreementVistaGrande
From GregMayer <[email protected]>
Date Fri 1/10/2025 12:21 PM
To JordanSelva <[email protected]>
FYI.

I am talking to Thad and his Attorney today.

Please provide a name for the attorney that is representing Shea From: Thad Hutton < >
Sent: Friday, January 10, 2025 9:36 AM
To: Greg Mayer <[email protected]>
Subject: Re: FW: Permission to Grade Agreement Vista Grande Mr. Mayer,
For the record, I never said my attorney would be contacting Shea. Shea has not reached out to me since my last email to them dated December 19th.

I put in a call to my attorney. Once I speak with him I' ll forward his contact information to you and Shea.

Thad
Thad Hutton
IROH Foundation ( Previously RA5)
Operating Executive
Cell:
www. IROH. org
On Thu, Jan 9, 2025 at 4:06 PM Greg Mayer < gmayer@vista. gov> wrote:

Hi Thad:

Would you like to provide me with your Attorney’s contact information so I can direct Shea representatives to him?
Respectfully,
05/27/2025
C14

Greg Mayer, P.E.

Director of Engineering
City of Vista
200 CivicCenterDr
Vista, CA92084
Direct: (760) 643-5408
gmayer@cityofvista. com
https:// link. edgepilot. com/ s/70360630/ ugODjWKt4UqE3TVRswSH7Q? u=http:// www. cityofvista. com/
Note: The CivicCenter is open Monday through Thursday, 7:30 AM to 5:30 PM, and open alternate Fridaysfrom 7:30 AM to 4:30 PM.

From: Jordan Selva <[email protected]>
Sent: Thursday, January 9, 2025 3:02 PM
To: Greg Mayer <[email protected]>
Subject: Re: Permission to Grade Agreement Vista Grande Good afternoon Greg,
We have checked again and have not heard from their attorney. Do you happen to have a contact of his attorney so we can try to reach out from our side.

Thankyou,
Jordan
From: Jordan Selva <[email protected]>
Sent: Monday, December 30, 2024 9:57 AM
To: Greg Mayer <[email protected]>
Subject: Re: Permission to Grade Agreement Vista Grande Thanks for sending this over. Let me know if you have some time to talk. We may need to go a different direction.

Thankyou,
05/27/2025
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Vista City Council Policy
00111784 2}
600- 10 PROCEDURES FOR ESTABLISHING JUST COMPENSATION

FOR THE PURCHASE BY NEGOTIATION OF REAL PROPERTY

PURPOSE
To set forth general procedures for determining just compensation for the purchase by negotiation of real property.

POLICY
The City Council hereby establishes a policy requiring an appraisal be prepared for the City for real property it is considering acquiring unless the real property has a low fair market value. For low fair market value real property, the City Council authorizes the City Manager to determine just compensation pursuant to this policy. The City Manager’ s authority under this policy may not be delegated to any other person.

1. Definitions
a. “ Determination of Just Compensation” is a report documenting the support used to determine the amount of just compensation to be paid to the property owner. It is not an appraisal. b. “ Fair Market Value” means the value of the property acquired is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obligated to sell, and a buyer, being ready, willing and able to buy, but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.

The fair market value of the property acquired for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
c. “ Low Fair Market Value,” for the purpose of this policy, shall mean property whose estimated value is $ 25, 000 or less. d. “ Severance damages” may apply in those cases when the property acquired is part of a larger parcel and the remainder parcel is damaged by the taking. Severance damages mean a monetary damage caused to the remaining property by its severance from the part acquired by the City.
05/27/2025
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EXHIBIT 4
Vista City Council Policy
00111784 2}

2. Procedures - General
a. An appraisal is not required if the City Manager determines the valuation of the property is uncomplicated and the fair market value is established at $ 25, 000 or less based on a review of available data.
b. In determining whether the property is uncomplicated, the City Manager shall consider and include in the City Manager’ s Determination of Just Compensation the following criteria:
1) There is no question as to the highest and best use. 2) Adequate market data is available.
3) Severance or other damages are not present.
4) There is no substantial decrease in market value due to the presence of hazardous waste material.

If the City Manager determines that the property is complicated or the value of the property to be acquired exceeds $ 25, 000, an appraisal is required before purchase of the property.
c. In determining the fair market value of the property, the City Manager shall base his/ her opinion on available relevant data, including, but not limited to:
1) Comparable sales or listing data.
2) Sales data already in the City’ s files.
3) Opinions of the Assessor’ s Office appraisers or real estate brokers.
4) Other cost sources.

The Documentation of Just Compensation shall include all data used to arrive at the City Manager’ s determination of fair market value.
d. The contents of the Determination of Just Compensation shall include the following:
1) Parcel Summary Page outlining all the relevant facts regarding the property to be acquired.
05/27/2025
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Vista City Council Policy
00111784 2}
2) Photograph( s) of the subject property.
3) Diagram of the subject property showing the dimensions of the property.
4) Location of property on City map showing the relative location of the property.
5) Documentation showing property is uncomplicated.
6) Data supporting fair market value determination.
e. The City Manager shall complete the Determination for Just Compensation process prior to initiating any negotiations with the property owner.

HISTORY
Adopted March 11, 2003
Amended December 8, 2009, City Council Resolution No. 2009- 197 Amended September 26, 2023, City Council Resolution No. 2023- 166 05/27/2025
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