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HomeMy WebLinkAboutAGENDA REPORT 2001 0718 CC REG ITEM 11N. 0 ITEM 1( »/V• camlciZ t of MOORPARK CITY COUNCIL AGENDA REPORTti By TO: Honorable City Council FROM: Wayne Loftus, Director of Community DevelopmentA/� DATE: July 12, 2001 (CC Meeting of 7/18/01) SUBJECT: Consider an Agreement Regarding Acquisition of Property Between Archstone Communities and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Residential Planned Development (RPD) No. 97 -1; Archstone Communities) BACKGROUND On June 23, 1999, the City Council adopted Resolution No. 99- 1629 approving a 312 unit apartment project for Archstone Communities. This project, located on the west side of Moorpark Avenue south of New Los Angeles Avenue and adjacent to the Arroyo Simi, was required to satisfy numerous conditions, including those related to public street improvements. The attached draft Agreement Regarding Acquisition of Property will allow the City to proceed with necessary acquisition of certain right -of -way needed for street improvements required as a condition of the Archstone project. DISCUSSION The Archstone Communities apartment complex was conditionally approved with a number of public improvement requirements related to traffic and circulation, including the improvement of Moorpark Avenue. The required improvements consist of curb, gutter, sidewalk and street paving to extend the travel -way and pedestrian facility south from the Summit gas station to the new east /west street (Parkcrest Lane). Also Parkcrest Lane is to be partially constructed from Moorpark Avenue to Park Lane, requiring corner rounding at Moorpark Avenue and a tapering of right -of -way heading west on Parkcrest Lane. Future development S: \Community Development \Everyone \City Council Agenda Reports \cc - agnrpt .archstonerow.d1.7.12.0l.doc C 90282 Honorable City Council July 12, 2001 Page 2 of the parcels between Parkcrest Lane and New Los Angeles Avenue (Weiss and Rosenkrantz owners) will result in the construction of the balance of the required street improvements between Moorpark Avenue and Park Lane. The owner of the property that abuts the Summit gas station on the south and west (Weiss) has been contacted by Archstone Communities on several occasions concerning acquisition of the needed street right -of -way; however, the parties involved have not been able to agree on a purchase price. Subsequently, Archstone Communities has initiated action consistent' with Condition No. 83 of City Council Resolution No. 99 -1629 (copy attached) to request that the City acquire the right -of -way needed for Archstone to satisfy Conditions 68 and 72 of Resolution No. 99 -1629, related to the requirement for improvements (copy attached). Under referenced project Condition No. 83 and provisions of the attached agreement, the developer (Archstone Communities) will pay all legal costs, court costs, and administrative and overhead costs incurred by the City to complete acquisition of the land needed for the public street improvements required to be installed under the approval of RPD 97 -1. STAFF RECObMNDATION Approve Agreement Regarding Acquisition of Property subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign it. ATTACHMENTS: 1. Conditions 68, 72 and 83 Resolution No. 99 -1629 2. Draft Agreement Regarding Property of City Council Acquisition of 002,' ® Resolution 99 -1629 RPD 97 -1 Archstone Page 33 Communities Street Improvement Requirements: 6.8. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. The Developer shall improve the intersection of Los Angeles Avenue /Moorpark Avenue to maintain the existing Level of Service C. A more detailed traffic analysis of the intersection with design shall be submitted to and approved by the City Traffic Engineer demonstrating acceptable improvements. Any of the proposed improvements which will conform with the ultimate build -out of this intersection shall be credited against the required intersection mitigation fees in an amount approved by the City Manager. 69. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) 70. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. New Street 71. The proposed east -west connector street along the northerly property line shall extend west to the alignment of Park Lane and shall conform to the Ventura County Road Standard Plate B -3C at a half width standard (1/2 width standard consists of a 34' wide right -of -way with a pavement width of 26', a parkway width of 8' in which will include a 5' wide landscape strip adjacent to the curb and a 5' wide sidewalk, a portion of which shall be placed on the project site. Applicant shall grant to the City an easement for sidewalk purposes of a width to be determined by the City Engineer and Director of Community Development. The final location a:f the sidewalk will be as determined by the City Engineer and -the Resolution 99 -1629 RPD 97 -1 Archstone Page 34 Communities Director of Community Development. The Developer shall irrevocably offer to dedicate to the City prior to occupancy or any units half of the required right -of -way (34 feet) for street improvement. The proposed sidewalk adjacent to the street shall not be meandering. All street and right -of -way improvements as required connecting Moorpark Avenue with Park Lane shall be installed and inspected for compliance with Ventura County Standards as specified for this improvement prior to occupancy of the 200th unit. Completion of these improvements may be required before occupancy of the 200th unit depending upon approved phasing or occupancy of any units or the need for emergency access to units located within 300 feet of the emergency access gate at the northwest corner of the site. Moorpark Avenue 72. The section of Moorpark Avenue, from the northerly property line through the intersection of Majestic Court, must conform to the Ventura County Road Standard Plate B -3B with an overall right - of -way width of 84 feet and have a sidewalk width of 5 feet. An appropriate transition from 84 feet to 60 feet right -of -way is required south of Majestic Court to the cul -de -sac as approved by the City Engineer. The proposed sidewalk adjacent to the street shall not be meandering. a. The applicant is required to pay for the posting of "No Stopping Anytime" signs along the east and west side of Moorpark Avenue south of Los Angeles Avenue to the Arroyo Simi in the event the Moorpark City Council passes a Resolution with the aforementioned parking restriction prior to the final inspection and occupancy of the last residential unit in the project. 73. The subdivider shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 74. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 2 3 r Resolution 99 -1629 RPD 97 -1 Archstone Communities Page 36 82. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 83. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following: a. Notify the City of Moorpark (hereinafter "City") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purpose of constructing all required off site improvements. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 84. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted to and approved by the Director of Community Development. 85. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 86. The subdivider shall offer to dedicate to the City of Moorpark, public use, all right -of -way easements for public streets. 87. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and other offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain f) 9C, ,MrFEEL-ri AGREEMENT REGARDING ACQUISITION OF PROPERTY This Agreement is made and entered into by and between the City of Moorpark ( "City "), a general law city, and Archstone Communities Trust, a Maryland Real Estate Trust ( "Developer "). WITNESSETH: The parties hereto do agree as follows: Section 1. Recitals. This Agreement is entered into with respect to the following facts: A. Developer is the current owner in fee of certain real property which is located in the City, and is included within the boundaries of APN 506 -0- 050 -275 and is presently developing the property (the "Project "); and B. The City Council of the City approved the Project subject to certain conditions of approval (collectively "Conditions "); and C. The Project contemplates and Conditions 68 and 72 require the widening of Moorpark Avenue adjacent to the Project; and D. Developer is attempting to acquire the necessary offsite right -of -way for the widening of Moorpark Avenue from adjacent property owners ("Owners"). The property yet to be acquired includes property owned by Plaza International "Weiss" and Rosencrantz; and E. To facilitate the widening of Moorpark Avenue, it is the desire of the parties hereto to obligate the City, upon written demand therefor from the Developer, to use its best efforts to obtain the right -of -way necessary for the widening of Moorpark Avenue ( "Right -of- Way ") from the Owners, at Developer's sole expense; and F. The City Council of City has determined that the public interest, convenience and necessity require the execution and implementation of this Agreement. Section 2. Acquisition by City. A. Commencement of Proceedings. Should Developer not be able to acquire the Right -of -Way, Developer may make a written demand of City to acquire all or a portion of the Right -of -Way. Upon receipt of such written demand, subject to the provisions of Section 3, hereof, City shall commence proceedings for acquisition of the Right -of -Way (or any portion thereof not acquired by the Developer) July 10, 2001 draft TT C T 2. ''2 including, but not limited to, proceedings pursuant to Code of Civil Procedure section 1230.010 et seq., ( "Eminent Domain Law "). B. Timing of Acquisition. Upon written demand therefor, City shall commence the activities described in subsection 2.A. within 90 days. "Commence" shall mean extend an offer for the Right -of -Way to the Property owners pursuant to government code section 7267.2: Developer has provided City with an appraisal of the Right -of -Way owned by Weiss, and Developer understands and agrees that City shall utilize that appraisal for acquisition purposes. C. Status Reports to Developer. City shall be responsible to continuously advise Developer of the status of all proceedings for acquisition undertaken by City pursuant to the provisions of this Agreement. D. Copies of Material to Developer. City shall provide Developer with copies of all pleadings filed if litigation is required to acquire the Right -of -Way and all other relevant documents, and to the extent reasonably feasible, City shall give Developer at least three (3) days advance notice of the form and substance of proposed material communications with the Owner(s) of the Right -of -Way to be acquired pursuant to this Agreement, all of which Developer shall keep confidential to the extent permitted by law. E. Settlement Offers. The parties hereto agree and understand that all offers of settlement made voluntarily or as may be required by law, shall be so made only with the prior consent of Developer. Developer shall promptly, upon receipt of a City request for settlement authority, act upon such request and either approve the same or refuse such approval as it deems appropriate, based upon the appraisals heretofore obtained by Developer for the purpose of the eminent domain proceedings. The parties hereto understand that as a part of the eminent domain process, the City is obligated, at the time of mandatory settlement conferences, to make statutory offers of settlement as described in the Eminent Domain Law. All such offers shall be subject to prior approval by Developer as set forth above, provided that if, for any reason, the offers made at such mandatory settlement conferences, are subsequently found by a court to be unreasonable within the meaning of the provisions of the Eminent Domain Law, Developer, in addition to all of its other obligations pursuant to this Agreement, shall reimburse City for all court awarded litigation expenses, promptly. F. Construction Activities. Developer agrees not to commence any grading or other construction activities within any of the Right -of -Way before the Right -of -Way has been acquired or an order for prejudgment possession therefor is obtained. G. Compliance with Laws. The parties agree that City shall not be obligated to commence litigation pursuant to the Eminent Domain Law, unless the City July 10, 2001 draft -2- Council of City is able to make the findings required by the Eminent Domain Law for the adoption of a Resolution of Necessity and further, the City Council, in its sole discretion, decides to adopt a Resolution of Necessity. Section 3. Payment by Developer. A. Cost Reimbursement. Developer shall reimburse the City for all costs incurred by the City in connection with the acquisition of the Right -of -Way by the City, including but not limited to, direct and indirect administrative costs, acquisition costs, attorneys' fees, and services of experts, such as appraisers ( "Costs "). Developer shall be liable for such Costs whether City acquires the Right -of -Way through a negotiated transaction, or through a settlement or judgment in an eminent domain proceeding. Further, Developer shall also be liable for such Costs in the event that the City Council does not adopt a Resolution of Necessity, or, if an eminent domain action is commenced, the action is abandoned at the direction of Developer or due to Developer's failure to reimburse the City as set forth herein, or if it is ultimately adjudged that the City is not entitled to the Right -of -Way. B. Deposit. Upon written request by Developer to the City to undertake acquisition activities, Developer shall deposit with the City forty -five thousand dollars ($45,000) which, when added to the five thousand dollars previously deposited by Developer, will be applied by the City toward the Costs ( "Deposit "). In addition to the Deposit, the Developer shall provide City with an amount sufficient to make a deposit with the Ventura County Superior Court for the purpose of obtaining an order of prejudgment possession with respect to the Right -of -Way, should Developer require such an order. The amount of the Deposit, including the amount required for the making of the deposit in Court shall be made with the City prior to the conduct of a public hearing by the City Council to consider the adoption of a Resolution of Necessity pursuant to the Eminent Domain Law. C. Expenditure of Deposit. City may deduct from the Deposit such sums as are necessary to reimburse it for Costs incurred in the acquisition process. City shall give written notice to Developer of all costs so reimbursed within 30 days after such reimbursement. D. Replenishment of Deposit. Developer shall, periodically, replenish the Deposit so as to keep the same at a minimum balance of fifteen thousand dollars ($15,000.00) during the term of this Agreement. Developer shall pay to City additional funds, from time to time, as requested by City to maintain the Deposit at the minimum level. E. Additional Deposit. In the discretion of the Director of Community Development, at any time during the acquisition process, if the Director deems it appropriate, the July 10, 2001 draft -3- ' I:c_y, I Director may require a greater sum than amount of the Deposit when such is reasonably required as a part of the acquisition proceeding. F. Accounting for Costs. The City shall account for all Costs and provide Developer with status reports and statements periodically, not less often than once every three months, commencing after the Effective Date of this Agreement relating to the acquisition process. Section 4. Compliance with Eminent Domain Procedures. The parties hereto acknowledge that notwithstanding any provision of this Agreement to the contrary, City in exercising its power of eminent domain is required to do so in strict accordance with the provisions of the eminent domain law of the State of California (Section 1230.010 et seq., Code of Civil Procedure) including, but not limited to, the conduct of the necessary hearing and being able, based upon competent evidence presented thereat, to make the findings required as a condition precedent to the adoption of a Resolution of Necessity authorizing the formal commencement of eminent domain proceedings. The parties acknowledge that the City Council of City will act upon such evidence as is presented to it at the said hearing and if the City Council is able to make the findings required for the adoption of a Resolution of Necessity based upon the evidence so presented and does in fact adopt such a resolution in the exercise of its discretion, that thereafter the City will prosecute an eminent domain action in the time and manner contemplated pursuant to this Agreement. Section 5. Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the acquisition of the Right -of -Way by the City, superseding all negotiations, prior discussions, and preliminary agreements or understandings, whether oral or written. Section 6. Amendment. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. Section 7. Applicable Law. The terms of this Agreement shall be construed in accordance with California law and shall not be construed for or against either party by reason of the authorship of this Agreement. The section headings are for purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement. Section 8. Notices. All notices with respect to this Agreement, or concerning matters arising out of this Agreement, shall be in writing and shall be given by personal service, or by deposit of the same in the custody of the United States Postal Service or its lawful successor, as registered mail, postage prepaid, return receipt requested, addressed to the respective parties as follows: July 10, 2001 draft Archstone Communities Attn: John Hyde 217 Technology Drive, Suite 210 Irvine, California 92618 10 0 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: Steven Kueny, City Manager Notices shall be deemed, for all purposes, to have been given on the date of personal service, or three (3) consecutive calendar days following deposit of the same in the custody of the United States Postal Services. Either party may change its address for service hereunder by serving written notice on the other in the manner provided herein. Notices shall be deemed given on the date of personal service or two (2) consecutive calendar days following deposit of the same in the custody of the Postal service. Section 9. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 10. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 11. No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 12. Assistance of Counsel. Each party to this Agreement warrants to each other party, as follows: (1) That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and (2) That each party has lawfully authorized the execution of this Agreement. Section 13. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be deemed terminated and be of no further effect. In the event of such termination pursuant to this Section, City shall be entitled to reimbursement from Developer for all Costs incurred, including, but not limited to sums required to be paid by City to parties named in the Complaint filed to acquire the Right -of -Way pursuant July 10, 2001 draft -5- 00291 to a judicial order issued before or after the effective date of the termination. Section 14. Effective Date. The effective date of this Agreement shall be July , 2001. IN WITNESS WHEREOF, the parties have duly executed this Agreement. CITY OF MOORPARK I' ATTEST: City Clerk ARCHSTONE COMMUNITIES July 10, 2001 draft -6-