HomeMy WebLinkAbout12 CIP 7130 10-06-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE: OCTOBER 6, 2003
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF AN AGREEMENT REGARDING REAL PROPERTY AT
15332 DEL AMO AVENUE (APN 430-253-13: ORANGE COUNTY
TEACHERS FEDERAL CREDIT UNION) FOR THE NEWPORT AVENUE
EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE
WIDENING PROJECT-PHASE 1 (CIP No. 7130)
SUMMARY
The proposed Agreement Regarding Real Property will authorize the City to pay for severance
damages for the property located at 15332 Del Amo Avenue (APN 430-253-13) to construct the
Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue
and Del Amo Avenue Widening Project-Phase 1, (CIP No. 7130).
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution 03-116 finding that the proposed vacation of Del Arno Avenue at 15332 Del Amo
Avenue (APN 430-253-13) was considered in the final environmental determination for the
Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue
and Del Amo Avenue Widening Project-Phase 1, (CIP No. 7130) and approving the Agreement
Regarding Real Property with the Orange County Teachers Federal Credit Union (OCTFCU).
2. Authorize the Mayor and City Clerk to execute the Agreement Regarding Real Property with the
OCTFCU on behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program (CIP) budget for FY 2003-2004 appropriates funds for right-of-
way acquisition for this project. The FY 2003-2004 budget for right-of-way acquisition is comprised of
Measure "M" Competitive funds, Measure "M" Turnback funds, Tustin Community Redevelopment
Agency-South Central funds, and Community Development Block Grant (CDBG) funds. Approval of the
Agreement Regarding Real Property will authorize an expenditure of $860,000 for severance damages.
The Temporary Construction Easement (TCE) will be an additional cost of $4,800.
Approval of an Agreement Regarding Real Property
October 6, 2003
Page 2
BACKGROUND
A description of Phase 1 of the Newport Avenue, State Route 55 Ramp Reconfiguration, Valencia
Avenue and Del Amo Avenue Widening Project is as follows:
Extension and widening of Newport Avenue south approximately 1,800 lineal feet from
Edinger Avenue to Valencia Avenue. The proposed Newport Avenue extension will be
a six (6) lane Major Arterial. The proposed features include three (3) lanes in each
direction, raised medians, sidewalks, and bike lanes. Extended double left turn lanes
and a separate right turn lane to the SR-55 on ramps will be provided.
, Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport
Avenue. Del Amo Avenue will also be widened to allow for four (4) lanes and provide
an added access route to SR-55. A portion of Del Amo Avenue no longer needed for
street purposes will be vacated after the project. The realignment of Del Amo Avenue
will also necessitate the relocation of a Southern California Edison 66kv Transmission
Line that is currently located along Del Amo Avenue. The line is proposed to be under
grounded.
· Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and
Edinger Avenue will be removed and replaced by hook ramps approximately 1,200
lineal feet south of Edinger Avenue. This configuration offers many advantages
including an improved level of service and a reduced weaving pattern on the freeway.
Widening of the north side of Valencia Avenue from the new intersection with Newport
Avenue easterly 350 feet to the existing railroad spur line tracks.
Construction of a new Edinger Avenue and Newport Avenue intersection and widening
of Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be
lowered approximately three (3) feet to accommodate design requirements for the
Newport Avenue extension to the north (Phase II). As part of a separate project,
Edinger Avenue will be widened to three (3) lanes in each direction to major arterial
status. The widening of Edinger Avenue is a part of the Orange County Transportation
Authority's Measure M Smart Street Program.
New signalized intersections will be provided along Newport Avenue at Edinger
Avenue, SR-55 ramps/Del Amo Avenue, and Valencia Avenue. The existing signalized
intersection at Del Amo Avenue/Edinger Avenue will be modified to accommodate the
widened roadways. Provision for a future signal at a mid-block commercial driveway
on Newport Avenue north and south of the SR-55/Del Amo Avenue intersection will be
made.
Approval of an Agreement Regarding Real Property
October 6, 2003
Page 3
· Existing landscaping affected by the construction will be replaced in-kind and new
landscaping will be provided adjacent to the reconstructed SR-55 ramps.
DISCUSSION
In order to construct the improvements, right-of-way is required from six (6) properties in the form
of acquisitions and/or Temporary Construction Easements (TCE) or payment of severance
damages. Severance damages to a property can result from the loss of frontage and loss of
vehicular access from the adjoining street. For the subject parcel located at 15332 Del Amo
Avenue (APN 430-253-13), vehicular access will be severely limited due to the realignment of Del
Amo Avenue. Access to the property in the "after" condition will be via a drive apron at the
northerly corner of the property. Further, a portion of Del Amo Avenue, adjacent to the property,
is proposed to be vacated after construction resulting in loss of site frontage to the property. As a
result, Severance Damages will be paid as compensation for the limited access and the loss of
street frontage. A TCE is also required.
The cost of Severance Damages and obtaining the TCE for the parcel owned by the OCTFCU is
as follows:
Severance Damages $860,000
TCE Cost $ 4,800
Total Cost $864,800
The OCTFCU has signed the Agreement Regarding Real Property for severance damages at
15332 Del Amo Avenue (APN 430-253-13). The OCTFCU has also signed the TCE for APN
430-253-13. The TCE will be accepted immediately preceding the construction phase of the
project.
Director of Public Works/City Engineer
Engineering Services Manager
TDS: DRK: ccg: Approval of Agmt Newport Ext & Reso 03-116.doc.
Attachments: Resolution 03-116
Agreement Regarding Real Property
RESOLUTION NO. 03- 116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE PROPOSED VACATION OF DEL AMO
AVENUE ADJACENT TO 15332 DEL AMO AVENUE (ASSESSOR'S PARCEL NO.
430-253-13) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL
DETERMINATION FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE
55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL
AMO AVENUE WIDENING PROJECT-PHASE 1, (CIP NO. 7130) AND
APPROVING THE AGREEMENT REGARDING REAL PROPERTY
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the Orange County Teachers Federal Credit Union (OCTFCU) owns
improved real property at 15332 Del Amo Avenue (Assessor's Parcel No. 430-253-13),
Tustin, California, (hereinafter referred to as the "Property"); and
WHEREAS, the City may vacate Del Amo Avenue at the property frontage for a
potential future public purpose, and the property would lose frontage on that street; and
WHEREAS, the City desires to pay severance damages to the OCTFCU and the
OCTFCU desires to accept payment as full and complete compensation under
applicable law; and
WHEREAS, the vacation of Del Amo Avenue at the property frontage is proposed in
order to construct the Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Arno Avenue Widening Project-Phase I (CIP
No. 7130) (hereinafter referred to as the "Project"); and
WHEREAS, the proposed vacation of Del Amo Avenue adjacent to 15332 Del Arno
Avenue was considered in Final Environmental Impact Report 90-1 as revised by Final
Supplement #1; and
WHEREAS, on May 5, 2003, the Tustin City Council certified that Final
Environmental Impact Report 90-1 as revised by Final Supplement #1 adequately
addressed the environmental effects of the Project; and
WHEREAS, State law authorizes the City to pay severance damages for the above
stated purpose; and
WHEREAS, the owners of 15332 Del Amo Avenue (Assessor's Parcel No. 430-
253-13) have executed the Agreement Regarding Real Property.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Tustin, as
follows:
Resolution No. 03-116
October 6, 2003
Page 2
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that effects of the proposed vacation
of Del Amo Avenue adjacent to 15332 Del Amo Avenue was considered in
Final Environmental Impact Report 90-1 as revised by Final Supplement #1 and
that no additional environmental review is required.
2. PUBLIC USE
The public use for which severance damages to 15332 Del Arno Avenue are
being paid (Assessor's Parcel No. 430-253-13) is for improvements to the
roadway system, to wit, Newport Avenue Extension, State Route 55
Northbound Ramp Reconfiguration, Valencia Avenue and Del Arno Avenue
Widening Project-Phase 1, (CIP No. 7130), within the City of Tustin.
3. DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY AFFECTED
The property to receive severance damages is described as a portion of
Assessor's Parcel No. 430-253-13, its address being 15332 Del Amo Avenue,
and more particularly shown in Exhibit A, attached and incorporated herein by
reference. The Agreement Regarding Real Property is attached as Exhibit 1.
4. AUTHORIZATION
The Agreement Regarding Real Property ("Agreement") is hereby approved
and the City Manager is authorized and directed to perform all acts necessary
on behalf of the City for payment of severance damages to the owner of said
property.
5. RECORDING
The City Clerk is hereby authorized and directed to record a certified copy of
this resolution at the Office of the County Recorder, County of Orange.
Resolution No. 03-116
October 6, 2003
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of October 2003.
Tracy Wills Worley, Mayor
ATTEST
City Clerk
AGREEMENT REGARDING REAL PROPERTY
15332 DEL AMO AVENUE TUSTIN, CALIFORNIA
THIS AGREEMENT is entered into this day of ,2003, by
and among the City of Tustin, a municipal corporation (hereinafter "City"), and Orange
County Teachers Federal Credit Union, a Federally Chartered Credit Union (hereinafter
"OCTFCU").
RECITALS
1. OCTFCU owns improved real property at 15332 Del Amo Avenue, Tustin,
California, which is shown on Exhibit "A" (hereinafter referred to as the "Property").
Exhibit "A" is attached hereto and is incorporated herein by this reference.
2. The City may vacate Del Amo Avenue at the property frontage for a
potential future public purpose, and the Property would lose frontage on that street.
This proposed project is shown on Exhibit "B" which is attached hereto and incorporated
by this reference.
3. The City desires to pay severance damages to OCTFCU and OCTFCU
desires to accept payment as full and complete compensation under applicable law.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Payment of Severance Damages/Release
On the terms and conditions set forth herein City agrees to pay OCTFCU Eight
Hundred Sixty Thousand Dollars ($860,000) in severance damages for the vacation of
Del Amo Avenue at the property frontage. In exchange for receipt of this amount and
the performance of the construction contract items in Section 2, OCTFCU releases City
of any and all claims by OCTFCU under the United States Constitution Amendments 5
and 14, and for any and all claims under the California Constitution and California law,
including but not limited to, claims for relocation benefits and loss of goodwill.
Section 2. ConstrUction Contract Items
It is underStood and agreed by and between the parties hereto in addition to the
payment shown in Section 1 hereinabove, the City, its contractors or assigns, shall
perform, at no expense to OCTFCU, the following construction contract items at the
time of construction of the proposed project:
A. Revise the plans and specifications to relocate OCTFCU's future
southernmost driveway on Newport Avenue to coincide with the existing parking lot
aisle immediately north of the existing office building. The plans and specifications shall
also include a median opening on Newport Avenue to provide left turn access into said
driveway for southbound traffic on Newport Avenue. Both revisions to the plans and
specifications shall be as shown on the Dokken I:ngineering plan dated March 2003
and entitled "Newport Ave. Extension OCTFCU Parking Lot (New Proposed Plans)".
B. Construct the driveway access from Del Arno Avenue as shown on the
construction plans.
C. Close the existing driveway on Valencia Avenue and construct a new
driveway on Valencia Avenue immediately west of the railroad line as shown on the
construction plans.
Section 3. Attorneys' Fees
If any party files an action or brings any legal proceeding against the other arising
from this Agreement, the prevailing party shall be entitled to recover as an element of its
costs of suit, and not as damages, reasonable attorneys' fees to be fixed by the court.
The "prevailing party" shall be the party who is entitled to recover its costs of suit,
whether or not suit, proceeds to final judgment. A party not entitled to recover its costs
shall not recover attorneys' fees. No sum for attorneys' fees shall be included in
calculating the amount of a judgment for purposes of deciding whether a party is entitled
to its costs or attorneys' fees.
Section 4. Binding on Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding on, the parties, their respective heirs, personal representatives, successors,
and assigns.
Section 5. Integration Clause
This Agreement constitutes the entire agreement among the parties and
supersedes all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all of the parties before it will
be effective.
Section 6. No Representation Regarding Legal Effect of Document
No representation, warranty, or recommendation is made by OCTFCU or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
Section 7. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 8. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Tracy Wills Worley, Mayor
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
OCTFCU
By:.
S:/CIP - Active / 7130- Newport Ave Reconfig/Acquisition: Purchase Agmt 15332 Del Arno 1.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 08/25/03
Date
before me,
Natalie Tomich~ Notary Public
Nmne and Title of Officer
personally appeared
***Erin Mendez***
Name of Signer
proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the
instrument the person or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
#of Pages
EXHIBIT A
LOCATION MAI=
CITY
COUNTY
OF
OR~dGI~
CO"Lry
OF
IRVnNE
OF
ORANGE
OWNER:
APN:
ADDRESS:
ORANGE COUNTY TEACHERS
FEDERAL CREDIT UNION
430-253-013
15332 DEL AMO AVENUE
OF
IR~INE
NO SCALE
EXHIBIT B
Proposed Project