HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) - 2016-05-16 Dept. ID ED 16-08 Page 1 of 2
Meeting Date:5/16/2016
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CITY OF HUNTINGTON BEACH
rr, w REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/16/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth A. Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Office of Business Development
SUBJECT: Approve and authorize execution of a Right of Way Contract with the State of
California Department of Transportation (Caltrans) for the purchase of two
Permanent Highway Easements at Pacific Coast Highway (PCH) and First Street
Statement of Issue:
The City Council is asked to approve a Right of Way Contract between the City and Caltrans for the
purchase by Caltrans of two (2) permanent easements. One highway easement is located at the
southeast corner of PCH and First Street (513 square feet) and the other highway easement is
located at the southwest corner of PCH and First Street (85 square feet).
Financial Impact:
Caltrans has made a formal written offer in the amount of$6,700.00 for both easements. The offer
is based on an appraisal report reviewed and approved by City staff.
Recommended Action:
A) Approve the Right of Way Contract between the City of Huntington Beach and Caltrans; and,
B) Authorize the Mayor and City Clerk to execute the Right of Way Contract (four originals) and
other related documents (two highway easement deeds); and, .
C) Authorize the City Manager to execute any other related escrow documents.
Alternative Action(s):
Do not approve the Contract and direct staff accordingly.
Analysis:
City Council is asked to approve a Right of Way Contract between the City and Caltrans for the
purchase of two (2) permanent highway easements for construction and maintenance of street
improvements at the southwest and southeast corners of PCH and First Street. Caltrans will
remove and upgrade the existing traffic signals and add safety lighting. Caltrans will also
reconstruct curb ramps to meet current ADA standards.
The City's Transportation Division has reviewed and approved the right-of-plans and the sale of the
easement.
Item 5. - 1 HB -66-
Dept. ID ED 16-08 Page 2 of 2
Meeting Date:5/16/2016
8
Related but separate from the above improvements, is the requirement for a new southern
crosswalk from Pacific City across PCH to the beach. The Pacific City Development, to include the
commercial and residential portions, are required to obtain Caltrans' approval of design plans and
install the proposed southern crosswalk as a development condition of approval. To facilitate this
process, Public Works met with Caltrans and discussed the timing for the southern crosswalk.
However, installing this cross walk improvement where one doesn't currently exist has the potential
to impact the First Street and PCH intersection (current operations and future traffic flow).
After completion of the commercial portions of the Pacific City Development, Caltrans has agreed to
continue working with the developer (DJM) and the City to conduct a detailed study of traffic and
pedestrian conditions and evaluate alternatives for operations at the intersection, including
modification of pedestrian crossings. Additionally, the pedestrian crossing is also a condition of
approval of the residential builder (UDR) and DJM and UDR are tied together in the combined
project's Covenants, Conditions & Restrictions (CCRs) related to completing this condition. In the
meantime, Staff has requested that Caltrans review their current constructions plans and
incorporate changes to potentially accommodate a southern crosswalk at the intersection with
minimal additional construction. Staff has not received confirmation from Caltrans that such a
design consideration can be incorporated.
In light of the above, Staff recommends approval of the Right of Way Contract between the City and
Caltrans for the purchase by Caltrans of two (2) permanent easements. The Contract results in
$6,700.00 in revenue to the General Fund, and ensures continued maintenance and responsibility
by Caltrans for traffic signals in the PCH Right of Way presently within the City of Huntington
Beach.
Environmental Status:
Exempt from CEQA pursuant to Section 15301.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Site Map
2. Caltrans Right of Way Contract, four originals for signature
3. Highway Easement Deed-102832-1
4. Highway Easement Deed-102831-1
HB -67- Item 5. - 2
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ATTACHMENT #2
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION Parcel 102831-1 &102832-1
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of
RW 8-3(Rev 6/95)
Huntington Beach California 12 ORA 01 245 OM4709
Dist Co Rte PM Exp Auth
�Q-y l� 2016
The City ofHuntmgton Beach,a municipal corporation
Grantors
Document No 10283 1-1 and 102832-1,in the form of Permanent Highway Easement Deeds covering the property particularly
described in said documents have been executed and delivered to Alicia Ng ,Right of Way Agent for the State of California
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows
1 (A) The parties have herem set forth the whole of their agreement The performance of this agreement constitutes the entire
consideration for said document and shall relieve the State of all further obligation or claims on this account, or on
account of the location, grade or construction of the proposed public improvement
(B) Grantee requires said property described in Document No 102831-1 and 102832-1 for State highway purposes,a public
use for which Grantee has the authority to exercise the power of eminent domain Grantor is compelled to sell, and
Grantee is compelled to acquire the property
(C) Both Grantor and Grantee recognize the expense,time, effort, and risk to both parties in determining the compensation
for the property by eminent domain litigation The compensation set forth herem for the property is in compromise and
settlement, in lieu of such litigation
2 The State shall
(A) Pay the undersigned Grantor the sum of $ 6,700.00 for the property or interest conveyed by above documents
when title to said property vests in the State free and clear of all liens, encumbrances,assessments,easements and
leases(recorded and/or unrecorded)and taxes,except
a Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section
5086 of the Revenue and Taxation Code, if unpaid at the close of escrow
b Covenants, conditions,restrictions and reservations of record, or contained in the above-referenced document
c Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any
d Supplemental or escaped assessments of property taxes,if any, assessed pursuant to the Revenue and Taxation
Code of the State of California
e Water rights, claims or title to water,whether or not shown by the public records
f The effect of a map entitled"Survey of the Ordinary High Water Mark",filed in Book 35,pages 9 to 13 inclusive
of record of Surveys,purporting to show a portion of the herem described and other land
g An easement 3 feet wide, for storm dram and mcidental purposes, along the East side of Parcel 1 "m the extension
of 1 It Street",as described in the Deed to the City of Huntmgton Beach recorded April 18, 1923 in book 468,page
8 of Deeds
h The effect of a map filed in Book 35,pages 11 to 13 inclusive of record of surveys in the Office of the County
Recorder of Orange County, California,purporting to show a portion of the herem described and other land
STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION Parcei 102834-1 & 102832-1
RIGHT OF WAY CONTRACT -STATE HIGHWAY Page 2 of 4
RW 8-3(Rev 6/95)
(B) Pad all escrov and recording fees incurred in this transaction and,if title insurance is des tred b} the State.the premium
charged therefor Said escrov and recording charges shall no,, however inciude documentar} transfer tax
(C) Have the authonn to deduct and pay from the amount shown on Clause 2(A)above any amount necessary to satisfi
an) bond demands and delinquent takes due in anx year except the year in which tors escrow closes together vtth
penalties and interest thereon ancL or delinquent and unpaid nondeimquent assessments which have become a lien at the
close of escrov
3 In consideration of the State waiving the defects and imperfections in all matters of record title the undersigned Grantor
covenants and agrees to indemnify and hold the State of California harmless from an-, and all claims that other,parties ma)
make or assert on the title to the premises The Grantors obligation herein to mdemnify the State shall not exceed the amount
paid to the Grantor under this contract
4 Pemussioti is herebN granted to State or its authorized agent to enter upon Grantor's land where necessary within those certain areas
shown outlined in color on the maps marled Exhibit"A"attached hereto and made apart hereof for the purpose of removing the
existing traffic signals and replacing them vith new traffic signals with high visibiltn LED lenses and added safer lighting
refreshing striping and pavement markings removing island noses from crossvialks and upgradin,existing curb ramps to the
current ADA standards
5 At least 48(fort-etaht)hours advance written notice will be given before any entry on Grantor's propem- 'A ritten notification
shall be given to the Grantor at
The Citv of Huntington Beach
Duran Villezas Real Estate K Project Manager
2000 Main Street
Huntington Beach, CA 92648
'verbal communication wtth the owner shall be at telephone number(714)536 544
I i the event this information changes or propem transfers,the owner shall notify State to writing of such occurrence at
STATE OF CALIFORNIA
DEP.ARTIvMN,T OF TRANSPORTATION
3347 Michelson Dnve Suite 100
Irvine,California 92612-0661
ATTEIt'TION Alicia Na (Q49)756-493
6 State agrees to indemnify and hold harmless Grantor from am liability arising out of State s operations under this agreement
State further agrees to assume responsrbilin for damages prommate(y caused b% reason of State"s operations under this
aVreement and State will,at its option either repair or pay for such damage
7 Grantoi warrants that there are no oral or written leases on all or anti portion of the prbpem exceeding a period of one month
and the Grantor further agrees to hold the State harmless and reimburse the State for any and all Zits losses and expenses
occasionea by reason of any lease of said propem held b% an} tenant of Grantor for a period exceeding one montn
8 The undersigned Grantor whose signature is affixed hereto warrants he is the owner of the fee simple of this property and that he
has the exclusive nghtto grant these permanent highway easement interests,can execute this contract,acid aggrees to uidemrrif\ the
State against all adverse claim and to pa} all of the'State s legal fees and all other expenses resulting from the undersi_*ried
blow maly and falsely claiming ownership of the propem referred to in this document-
9 It is agreed and confirmed by parties hereto that notwithstanding other provision in this contract.the nght of possession and
use of the subject propem by the State,including the rr;ht to remove and dispose of improvements, shall commence June 30
2016 and that the amount shown in clause 2(.A)herein includes, but is not limited to full payment for such possession and
use inciudm2 damages if an} from said date
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Parcel 102831-1 &102832-1
RIGHT OF WAY CONTRACT -STATE HIGHWAY Page 3 of 4
RW 8-3(Rev 6/95)
10 This transaction will be handled through an internal escrow by the State of California,Department of Transportation,District
12 Office, 3347 Michelson Drive, Suite 100,Irvine, CA 92612 Title Report#731-1400132-31 and 731-1400133-31
11 Should fire, earthquake, or any other calamity without the fault of either party materially destroy the property, this contract
may be rescinded by the State,in such an event,the State may re-appraise the property and make an offer thereon
12 All work done under this agreement shall conform to applicable building,fire and sanitary laws,ordinances,and regulation relating
to such work done in a good and workmanlike manner All structures, improvements, or other facilities, when removed and
relocated or reconstructed by the State,shall be left in as good condition as found
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Parcel 102831-1&102832-1
RIGHT OF WAY CONTRACT-STATE HIGHWAY Page 4 of A
RW 8-3(Rev V95)
In WITNESS WHEREOF,the parties have executed this agreement the day and yeas first above rtrttea.
The -,of Huntin n a nicipal corporation
AA
3 tapodis, a
ynn,City er =y
ED AND, PPROVED
REV ' /JJ�PP'ROVED
Fre ilson ty Manager
APPROVED M.
7,6,ael E Gates,City Attorney PA/
Recommended for Appro,.al Approved
U4By STATE OF CALIFORNIA
ALICIA NG V Department of Transportation
Right of Way Agent
�:JBy — gy.
LTNA ASHINGTO , ranch Chief KICKY RODRI
R/W Project Co rdination,Pl ne and Office Cluef
Management,&Acquisition(Railroads) Office of Right of Way and Land Surveys—District 12
NO OBLIGATIONS OTHER THAN T140SE SET FORTH HEREIN WILL BE RECOGNIZED
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STATE OF CALIFORNIA-DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9)
STD 204(Rev 6-2003)
INSTRUCTIONS: Complete all information on this form. Sign,date,and return to the State agency(department/office)address shown at
the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in
this form will be used by State agencies to prepare Information Returns(1099). See reverse side for more information and Privacy
Statement.
NOTE: Governmental entities,federal, State.and local(including school districts),are not required to submit this form.
PAYEE'S LEGAL BUSINESS NAME(Type or Print)
FSOLE PROPRIETOR—ENTER NAME AS SHOWN ON SSN(Last,First,M.I.) E-MAIL ADDRESS
MAILING ADDRESS BUSINESS ADDRESS
CITY,STATE,ZIP CODE CITY,STATE,ZIP CODE
ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER(FEIN): I _ I ILl NOTE:
37 Payment will not
71 PARTNERSHIP CORPORATION: be processed
PAYEE ❑ MEDICAL(e.g.,dentistry,psychotherapy,chiropractic,etc.) without an
ENTITY 0 ESTATE OR TRUST ❑ LEGAL(e.g.,attorney services) accompanying
taxpayeTYPE ❑ EXEMPT(nonprofit) number. I.D.
❑ ALL OTHERS
CHECK
ONE BOX 0 INDIVIDUAL OR SOLE PROPRIETOR
ONLY ENTER SOCIAL SECURITY NUMBER:
SSN required by authority of California Revenue and Tax Code Section 18646
California resident-Qualified to do business in California or maintains a permanent place of business in California.
California nonresident(see reverse side)- Payments to nonresidents for services may be subject to State income tax
PAYEE withholding.
RESIDENCY ❑ No services performed in California.
STATUS ❑ Copy of Franchise Tax Board waiver of State withholding attached.
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
F 5-1 Should my residency status change, I will promptly notify the State agency below.
AUTHORIZED PAYEE REPRESENTATIVE'S NAME(Type or Print) TITLE
SIGNATURE DATE TELEPHONE
Please return completed form to:
F6] Department/Office: State of California,Department of Transportation
Unit/Section:
Office of Right of Wav and Land Survey
Mailing Address: 3347 Michelson Drive, Suite 100
City/State/Zip: Irvine. CA 92612-0661
Telephone: (949) 756-4935 Fax: (949) 724-2622
E-mail Address: Alicia.Nc,@dot.ca.gov
AARTTACkI
[V 3
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RECORDING REQUESTED BY c�(�� 00
DEPARTMENT OF TRANSPORTATIOI Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
WHEN RECORDED MAIL TO II��IIIIIIIIIIIII�IIII��III��I�IIIIIIII��I�IIII�III��IIIII���I�IIIIIIIII��I NO FEE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION * R 0 0 0 8 4 5 5 6 7 5 $
3347 MICHELSON DRIVE, SUITE 100 2016000273016 8 56 am 06/16/16
IRVINE, CALIFORNIA 92612-8894 7 417 E01 4
ATfN EVANGELINA WASHINGTON 0 00 0 00 0 00 0 00 9 00 0 00 0 00 0 00
R/W TITLES& ESCROW
This ofrice is exempt from filing fees under Government
Code 6103&27383 No tar due Tor Revenue&Taxation
Code 11922
Written by VTD Checked by MS EA OM470 Space above th's line for Recorder's Use
RNU Map No E120108 APN 024-281-14
HIGHWAY EASEMENT District county Route Post Number
DEED 12 DRA 1 245 102832-1
(CORPORATION)
The City of Huntington Beach, a municipal corporation,
a corporation organized and existing under and by virtue of the laws of the State of California
does nerebv grant, convey and dedicate to the STATE OF CALIFORNIA, the right of way and incidents thereto for a
public hignway upon over and across that certain real property, in the Citv of Huntinaton Beach
County of Orange State of California, described as
See Exhibit "A' for legal description attached hereto and made a part hereof
Number
The grantor here0Y Turther grants to grantee all trees, growths (growing or thal. ma) her:after grow; and road
Duuding materials within said ngn o, way, inutuding the right to tatce water, toaetner witn the right to use The same in
sucn manner ano at sucri locations as said grantee may deem proper, neediui or necessary, in the consirumion
reconstruction, improvement D, maintenance of said hignway
I ne grantor, Tor nselT, Its successors an❑ assigns nZrBI]y waives anyCialrTl TO" any and all damages to
grantor's remaining DrMen)/ COT7II9uDUS LO the nght of way hereby conveyeo Dy reason w the location, corstruction,
landscaping or maintenance of said hlgnwav
IN WITNESS MHEREOr=, said corporation has cause;' its= corporate name to be hereunto suoccrmed ano its
corporate seal to be affixed ner=to, tnis 46 oay oT !l o`er_-_,20
Tne y of HiuntinritD Beac , a municipal corporation
m ataoogis, aV
J Flynn 'ieri,
iIA7EDA APP _ VEB
R=VIA/! n (APPROVED
:-Fe wiiisor Stry Manager
!'lr r Imo.., v._v ^��✓��c i w �
I
IICh �= GaIes, 0"m Atrome} �
THIS IS TO CERTIFY, That the State of Caiifornia acting by and througn the Department of Transportation
(pursuant to Government Code Section Z7Z81) hereby acceprs for Pufflic purposes the real property described in
the within deed and consents to the recordation thereof
IN WITNESS WHEREOrI nave he r reunto set m hand
this day of -�"' e_ ZO/
Ii11ALCON Dr1)L1_ Hl=P17„
Dire r of Transpormtion
By �
Attorney-'In 1=a'-L/,
RICKY RODRIGkiE
ice Chief
Office of Right of Way and Land Surveys
D strnct 12
i
i
i
=orrn Pv: r-T{F iReviseri MOB,
Number
102832-1
dl
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or [CORPORATE SEAL]
validity of that document
State of California ACKNOWLEDGMENT
County of 6ee41J6- } SS
On 1,1011(o before me, L - CSI�i9� �cc,bc�CJ personally
(Here insert name and itle of the officer)
appeared�.�
who proved to me on the basis
of satisfactory evidence to be the person(�yWhose namE�ts s re ubscrlbed to the within instrument and acknowledged
to me that bel�e xecuted the same in hir./ 6r el authorized capacity ie , and that by hisAs ei signatur (es on
the Instrument the persoross or the entity upon behalf of which the persoo acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
WITNESS my hand and official seal Commission#2032750
ZNotary Public-California
z Orange County
Signature My' Seal) Comm Expires Aug 4,2017
Form RW 6-1(F)(Revised 01l08)
EXHIBIT "A"
PARCEL 102832-1
That portion of Parcel 'A', in the City of Huntington Beach, County of Orange, State of California, as
described in that certain quitclaim deed to the City of Huntington Beach, recorded September 19, 1990 as
Instrument Number 90-498318 of Official Records in the office of the County Recorder of said county,
more particularly described as follows
Commencing at the intersection of the Existing Centerline of First Street and the Construction Centerline
of Pacific Coast Highway as shown on a Map of Tract No 16338 filed in Book 893 pages 7 through 12 of
Miscellaneous Maps, in the office of said County Recorder, THENCE N48°21'40"W 37 50 feet along said
Construction Centerline to a point on the southwesterly prolongation of the northwest right of way line of
First Street as shown on said Tract Map, THENCE S41039'00"W 47 00 feet along the southwesterly
prolongation of last said line to a point on the northeasterly line of said Parcel 'A' and the Point of
Beginning, THENCE leaving said northeasterly line S41039'00"W 7 52 feet to a point on a non-tangent
curve, concave southwesterly and having a radius of 27 00 feet, a radial line to last said point bears
N75008'18"E, THENCE northwesterly 16 39 feet along said curve through a central angle of 34046'51
THENCE N48021'40"W 5 26 feet, THENCE N41035'05"E 3 04 feet to said northeasterly line of Parcel 'A',
THENCE S48021'40"E 20 77 feet along said northeasterly line to the Point of Beginning
Unless stated otherwise, all bearings and distances described herein Exhibit Ware California Coordinate
System of 1983, Zone 6, based on the North American Datum of 1983 Epoch 1991 35 as locally adjusted
by the Orange County Surveyor Distances are U S Survey Foot grid, divide grid distances by a
combined factor of 0 99997422 to obtain U S Survey Foot ground distances
This land description has been prepared by me or under my direction in conformance with the
Professional Land Surveyors'Act
o?N TN�s�
SIGNATURE
is to
r , No 8496 ` i o
DATE G-1 T,.I ZU\tC ° A
i�
vl:� y
F6F CAOF��a�'
Page 1 of 1
ATTACHMENT #4
INFORMED COPY
RECORDING REQUESTED BY
DEPARTMENT OF TRANSPORTATION
fVVHEN RECORDED MAIL TO Recorded in Official Records, Orange County
STATE OF CALIFORNIA Hugh Nguyen, Clerk-Recorder
DEPARTMENT OF TRANSPORTATION NO FEE
3347 MICHELSON DRIVE, SUITE 100 II I I II II II� I IIIII IIII 11�IE 11 I
IRVINE, CALIFORNIA 92612-8894 * $ R Q Q Q 8 4 5 5 6 7 4 $ *
ATTN EVANGELINA WASHINGTON 2016000273015 8 56 am 06/16/16
R/W TITLES& ESCROW 7 417 E01 4
This ofnce is exempt from filing fees under Government 0 00 0 00 0 00 0 00 9 00 0 00 0 00 0 00
Code 6103&27383 No ta> due for Revenue&Taxation
Code11922
Written by \rTD Checked by TC EA 010470 Space above this une Tor Recorder's Use
R/VM/Map No E120108 APN 024-281-02
HIGHWAY EASEMENT I District County-
oun Route Post Number
DEED 12 ORA 1 245 102831-1
(CORPORATION)
Tne City of Huntington Beach, a municipal corporation, ,
a corporation organized and existing under and by virtue of the laws of the State of _ California
does hereby grant, convey and dedicate to the STATE OF CALIFORNIA, the right of way and incidents thereto for a
public highway upon over and across that certain real property, in the Citv or Huntinaton Beach
County of Oranae State of California, described as
See-Exhibit "A" for legal description attached hereto and made a part hereof
Numoer
I
Y
Tne grantor hereby furtner grants To grantee all trees orowths (growing or that may hereafte, grow), and road
buitaing materials witnin said right of way, includlnc the ngnt to take water, togetner with the nghi to use the same In
such manner and at such locations as said grantee may deem proper, needful or necessary, in the construction,
reconstruction. Improvement or maintenance o•saia rnahway
The grantor, Tor itself, Its successors and assigns hereby waives any claim for any and all damages to
grantor's remaining propem, contiguous To the right of way hereby conveyed oy reason of the IOCHTIon, construction,
landscaping or maintenance m saga hionway
IN WITLESS WHEREOF, said corporaf,9h nas caused i*s corporates name To o- hereunto suoscribea and its
corporate seal to oe affixed hereto tnis 16 dat of
Tne ity gf hunun )S ch a municipal corporation
Jim .atapoai� I r
t�ATE:D
n ND APP . VED
R_V j D LAPPI PP R 0 V E::G
Fre¢/�N sotr��iTt Manaoe.
APPROVED AS,-PO r �
I
Ilcnap Gates, malty AtrOiTi�\
f
THIS IS TO CERTIFY, Tnat the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 272f;1) hereby accepts For public purposes the real property described in
the within dead and consents to the recordation thereof
IN WITNESS WHEREOF, I_nave hereunto set my hand
to=.s >a`L day of �'�` ,-20 -
MALCUM DOUGHERTY
DI or.of Trra po ation
Attorney in Fad
RICKY RODR 1Z
Office Chief
Office of Right of Way and Land Surveys
D:stric:12
I
Firm Rw o-VF,(Revs-d 01/08;
Number
102831-1
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy,or [CORPORATE SEAL]
validity of that document
State of California I
ACKNOWLEDGMENT
County of SS
On before me, �• tJ personally
(Here insert name and Title of the officer)
appeared O=—V ♦10 Z—. T�VA.k)
who proved to me on the basis
of satisfactory evidence to be the persorswhose namEs s re ubscrlbed to the within Instrument and acknowledged
to me that I4e�e executed the same In hisHh riCelrauthonzed capacl le , and that by der elr Ignature on
the Instrument the person6 or the entity upon behalf of which the person( acted, executed the Instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and
correct
P L ESPARZA
WITNESS my hand and official seal Commission#2032750
i 's Notary Public-California i
= Orange County a
MY Comm Expires Aug4,2017
Signature (Seal)
Form RW 6-1(F)(Revised 01/08)
EXHIBIT "A"
PARCEL 102831-1
That land in the City of Huntington Beach, County of Orange, State of California, more particularly
described as follows
COMMENCING at the intersection of the"Existing Centerline"of First Street and the construction centerline
of Pacific Coast Highway as shown on a Map of Tract No 16338 filed in Book 893, pages 7 through 12 of
Miscellaneous Maps in the office of the Recorder for said County, THENCE along said construction
centerline S48021'40"E 37 50 feet, THENCE leaving said construction line S41039'00"W 47 00 feet to a
point on the southwesterly line of Pacific Coast Highway,also being the southwesterly line of Ocean Avenue
as shown on a Map of Huntington Beach, filed in Book 3, page 36 of Miscellaneous Maps, in the office of
said County Recorder and the POINT OF BEGINNING, THENCE along said southwesterly line
S48021'40"E 37 71 feet, THENCE leaving said southwesterly line S47018'51"W 2 97 feet to a point on a
non-tangent curve, concave southerly and having a radius of 16 00 feet, a radial line to last said point bears
N39047'19"E, THENCE westerly 24 51 feet along said curve through a central angle of 87047'05", THENCE
N47049'44"W 21 94 feet, THENCE N41039'00"E 18 64 feet to the POINT OF BEGINNING
Unless stated otherwise, all bearings, distances described herein Exhibit 'A' are California Coordinate
System of 1983, Zone 6, based on the North American Datum of 1983 epoch 1991 35 as locally adjusted
by the Orange County Surveyor Distances are US Survey Foot grid, divide grid distances by a combined
factor of 0 99997422 to obtain US Survey Foot ground distances
This land description has been prepared by me or under my direction in conformance with the Professional
Land Surveyors'Act
_ O
SIGNATURE t s
� \ \1. d ,� -, \GIN'( i'
� 4u �\ n
W°,, No 8496 "�fj o
DATE
(q�� Off? ti
OF CA%-1F -�Y"
Page 1 of 1
Sep
Villegas, Duran 'ck% t
From Ng,Alicia@DOT[Alicia Ng@dot ca gov] �V 0�60%04A �. -�12SI& `
Sent Wednesday,May 18,2016 1 05 PM a
To Vdlegas, Duran,Green, Micheal
Cc Washington,Evangelina@DOT v
Subject Parcels 102831 &102832-City of Huntington Beach,SR-1 PCH Safety Project G
Attachments 102831 &102832 Right of Way Contract pdf
Hi Duran and Mike, 2-) x44,
Attached is an updated Right of Way Contract Only change is to the date on#9 to June 30, 2016 as prior Right of Way
Contract had a date of May 15, 2016,which slipped Please let me know if it is too late to change
We will need 4 original executed copies of the Right of Way Contract returned back Please call me at(949)756-4935 or
my supervisor Evy Washington at(949) 724-2515 for pick-up of the executed paperwork Thank you
Regards,
Alicia Ng
Right of Way Agent
R/W Acquisition and
Project Coordination
CA Dept of Transportation
District 12- Right of Way
3347 Michelson Drive,Suite 100
Irvine, CA 92612
Office (949) 756-4935
Fax (949) 724-2622
E-mail Alicia Ng@dot ca gov
1
J
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION Parcel 102831-1 & 102832-1
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
RW 8-3(Rev 6/95)
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by t State,the premium
charged therefor Said escrow and recording charges shall not,however, include documentary tr sfer tax
(C) Have the authority to deduct and pay from the amount shown on Clause 2(A)above, any am nt necessary to satisfy
any bond demands and delinquent taxes due in any year except the year inwhich this escr closes,together with
penalties and interest thereon, and/or delinquent and unpaid nondelmquent assessments ich have become a lien at the
close of escrow
3 In consideration of the State waiving the defects and imperfections in all matters of ecord title, the undersigned Grantor
covenants and agrees to indemnify and hold the State of California harmless from a and all claims that other parties may
make or assert on the title to the premises The Grantor's obligation herein to aide ify the State shall not exceed the amount
paid to the Grantor under this contract
4 Permission is hereby granted to State or its authorized agent to enter upon Grantor' land where necessary within those certain areas
shown outlined in color on the maps marked Exhibit"A"attached hereto and in e a part hereof, for the purpose of removing the
existinjZ traffic signals and replacing them with new traffic signals with hig visibili1y LED lenses and added safe1y lighting,
refreshing striping and pavement markets removing island noses from cr sswalks and Lipgradmg existing curb ramps to the
current ADA standards
5 At least 48(forty-eight)hours advance written notice will be given b ore any entry on Grantor's property Written notification
shall be given to the Grantor at
The City of Huntington Beach
Duran Villegas,Real Estate&Project Manager
2000 Main Street
Huntington Beach,CA 92648
Verbal communication with the owner shall be at tele one number(714)536-5544
In the event this information changes or property nsfers,the owner shall notify State in writing of such occurrence at
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
3347 Michelson Drive,Suite 100
Irvine,California 92612-0661
ATTENTION Alicia Ng (949)756-4935
6 State agrees to indemnify and hold armless Grantor from any liability arising out of State's operations under this agreement
State further agrees to assume r ponsibilrty for damages proximately caused by reason of State's operations under this
agreement and State will, at its o tion either repair or pay for such damage
7 Grantor warrants that there ar no oral or written leases on all or any portion of the property exceeding a period of one month,
and the Grantor further agr es to hold the State harmless and reimburse the State for any and all of its losses and expenses
occasioned by reason of lease of said property held by any tenant of Grantor for a period exceeding one month
8 The undersigned Granto whose signature is affixed hereto, warrants he is the owner of the fee simple of this property and that he
has the exclusive right grant these permanent highway easement interests, can execute this contract,and agrees to indemnify the
State against all adv se claims, and to pay all of the State's legal fees and all other expenses resulting from the undersigned
knowingly and false claiming ownership of the property referred to in this document
9 It is agreed and yonfirmed by parties hereto that notwithstanding other provision in this contract,the right of possess
use of the subject property by the State, including the right to remove and dispose of improvements, shall comme e Mgy 15,
2016 and thaethe amount shown in clause 2(A)herein includes, but is not limited to, full payment for such p sion and
use, including/damages, if any,from said date
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Ffa » >9094P�u Office of the City Clerk
Joan L. Flynn, City Clerk
May 24, 2016
CA Department of Transportation
District 12 — Right of Way
Attn Alicia Ng
3347 Michelson Drive, Suite 100
Irvine, CA 92612
Dear Ms Ng
Enclosed are four originals of"Right of Way Contract— State Highway" and two original
"Highway Easement Deeds "
Upon complete execution and recordation, please return a fully executed original of the
"Right of Way Contract— State Highway" and a copy of the recorded "Highway Easement
Deeds " to us Please mail the documents to -
Joan L Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated
Sincerely,
an L Flynn, C
City Clerk
JF pe
Enclosure
Sister Cities Anjo, Japan ♦ Waitakere, New Zealand