HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - Right-of-Way F
City of Huntington Beach
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File #: 19-423 MEETING DATE: 4/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve and authorize for execution a Right-of-Way Contract with the Orange County
Transportation Authority (OCTA) for the disposition of a portion of City-owned real property
(APN: 142-311-34) and a temporary construction easement for the 1-405 widening project
Statement of Issue:
The City Council is asked to approve and authorize the execution of a Right-of-Way Contract for the
disposition of a portion of real property (APN: 142-311-34) and a temporary construction easement
for the widening of Interstate 405, north of Gothard Street and McFadden Avenue.
Financial Impact:
The disposition of the portion of the property will result in $102,600 in revenue to the City, which
includes a $17,100 incentive bonus to expedite the transaction. The escrow is to close within 60 days
following the approval by the City Council. Proceeds from the disposition of the portion of the
property will be deposited into the City's General Fund 10000100.48135 (Land Sale Proceeds).
Recommended Action:
A) Approve Right-of-Way Contract between the City of Huntington Beach and the Orange County
Transportation Authority; and,
B) Authorize the Mayor and City Clerk to execute the Contract and other related documents; and,
C) Authorize the City Manager to execute any other escrow related documents.
Alternative Action(s):
Do not approve the Contract and direct staff accordingly.
Analysis:
The Orange County Transportation Authority ("OCTA"), and the State of California, Department of
Transportation ("Caltrans"), is in the process of widening Interstate 405 between State Route 73 and
Interstate 605 (the "Project"). The Project is intended to increase freeway capacity, improve traffic
City of Huntington Beach Page 1 of 2 Printed on 4/11/2019
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File #: 19-423 MEETING DATE: 4/15/2019
and interchange operations and enhance road safety. OCTA has approached City staff to purchase a
portion of real property (in fee simple interest) and a temporary construction easement over City-
owned real estate designated by Orange County Assessor as Assessor Parcel Number 142-311-34,
north of the intersection of McFadden Avenue and Gothard Street. The area of the portion of City-
owned real property is approximately 697 square feet. The area of the temporary construction
easement is approximately 2,683 square feet.
A purchase price of $102,600.00 has been agreed upon, based upon an appraisal of the property,
with OCTA for the purchase of the portion of City-owned property and the temporary construction
easement. The purchase price is broken down as follows:
Land (Fee Simple) $34,850.00
Temporary Construction Easement $48,294.00
Improvements $2,303.00
Incentive Bonus $17,100.00
Total $102,547.00 rounded to $102,600
The Incentive Bonus is being given to the City to expedite approval since construction on the Project
has already commenced. OCTA has also indicated that access to the construction area will be via the
freeway and not through the City-owned parcel. Staff recommends approval of the Contract including
the Incentive Bonus.
OCTA has eminent domain authority to acquire a portion of the parcel.
Environmental Status:
OCTA and Caltrans are the lead agencies on the Project and are responsible for CEQA compliance.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Right-of-Way Contract
City of Huntington Beach Page 2 of 2 Printed on 4/11/2019
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ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
RIGHT OF WAY CONTRACT This documentcontains personal
and
information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
1-405 IMPROVEMENT PROJECT
South of 1-405 Freeway, North of McFadden Avenue, 103121-1
Westminster, CA 92683 103121-2 142-311-34
Property Address Parcel Nos. APN.
STPLN-6212 (018) 08023273
Federal Project No. Escrow No. Title Order No.
RIGHT-OF-WAY CONTRACT
City of Huntington Beach, a municipal corporation (hereinafter, "Grantor"), owns the real property
located South of 1-405 Freeway, North of McFadden Avenue, Westminster, CA 92683 in the County of
Orange, Assessor Parcel Number 142-311-34 (the "Property"). Portions of the Property are needed for
construction of the 1-405 Improvement Project, a public project designed to accommodate the widening
of the 1-405, increase freeway capacity, improve traffic and interchange operations and enhance road
safety (the "Project"). Document No. 103121-1 in the form of a Grant Deed (Exhibit "1") and Document
No. 103121-2 in the form of a Temporary Construction Easement Deed (Exhibit "2") to the Orange
County Transportation Authority ("OCTA"), covering the property interests as described and depicted in
Exhibits "Al" and "A2" attached to Exhibit 1" and Exhibits "B1" and "B2" attached to Exhibit "2"
(collectively, the "Property Interests") have been executed and delivered to July Ly, Right-of-Way Agent
for Overland, Pacific & Cutler, LLC, agent for OCTA.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. (A) The parties have herein set forth the whole of their agreement ("Agreement"). The
performance of this Agreement constitutes the entire consideration and shall relieve
OCTA of all further obligations or claims on this account, or on account of the location,
grade or construction of the proposed public improvement.
(B) OCTA requires said Property Interests described in Document No. 103121-1 and
Document No. 103121-2 for the Project, a public use for which OCTA has the authority
to exercise the power of eminent domain. Grantor is compelled to sell, and OCTA is
compelled to acquire the Property Interests.
(C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in
determining the compensation for the Property Interests by eminent domain litigation.
The compensation set forth herein for the Property Interests is in compromise and
settlement, in lieu of such litigation.
(D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at an
escrow company of OCTA's choice ("Escrow Agent"). This Agreement constitutes the
joint escrow instructions of OCTA and Grantor, and Escrow Agent to whom these
instructions are delivered is hereby empowered to act under this Agreement. The parties
hereto agree to perform all acts reasonably necessary to close this escrow within sixty
(60) days following the opening of escrow.
Page 1 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
2. (A) OCTA shall pay the undersigned Grantor the sum of One Hundred and Two Thousand
Six Hundred Dollars and Zero Cents ($102,600.00) for the Property Interests conveyed
by Document No. 103121-1 and 103121-2 when title to said Property Interests vests in
OCTA free and clear of all liens, deeds of trusts, encumbrances, assessments,
easements and leases (recorded an/or unrecorded), and taxes.
(B) It is agreed by and between the parties hereto that the amount in Clause 2(A) above
includes the sum of Seventeen Thousand One Hundred Dollars and Zero Cents
($17,100.00) as an incentive to the Grantor for the timely signing of this Agreement.
(C) OCTA will pay all usual escrow and recording fees incurred in this transaction, and if title
insurance is desired by OCTA, the premium charged therefore. Due to OCTA's status as
a public agency, no recording fees will be payable (pursuant to Government Code
Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue &
Taxation Code Section 11922). This transaction may be handled through an external
escrow with Commonwealth Land Title Insurance Company or another selected escrow
company to be determined.
(D) _OCTA shall have the authority to deduct and pay from the amount shown on Clause 2(A)
above, any amount necessary to satisfy any bond demands and delinquent taxes due in
any year except the year in which this escrow closes, together with penalties and
interest thereon, and/or delinquent and unpaid non-delinquent assessments which have
become a lien at the close of escrow.
(E) There shall be no proration of real property taxes through escrow. Escrow Agent is
authorized and instructed to comply with the following tax adjustment procedures.
(i) Pay and charge Grantor for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or bonds
against the Property.
(ii) If escrow closes between July 1 and November 1, and the current tax information
is not available, Escrow Agent is instructed to withhold from Grantor's proceeds
an amount equal to one hundred twenty percent (120%) of the amount payable
on the prior fiscal year's second half tax bill. At such time as current tax
information is available, Escrow Agent shall pay the first installment of real
property taxes and assessments to the County Tax Collector and in the event the
amount withheld is not sufficient, Grantor agrees to immediately pay the
difference to Escrow Agent.
(iii) If close of escrow occurs at a time when 'current tax information is available,
Escrow Agent shall withhold from Grantor's proceeds and pay to the County Tax
Collector the full amount of the current installment of real property taxes and
assessments.
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and
lawful owner of the Property and the compensation paid to Grantor through this Agreement
constitutes the full and complete settlement of any and all claims against OCTA and the State of
California, Department of Transportation (hereinafter, individually and collectively, "Releasee")
by reason of the Project and/or acquisition of the Property Interests, including, but not limited to,
Page 2 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
RIGHT OF WAY CONTRACT This documentcontains personal
and
information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
any and all rights or claims that Grantor had, currently has or may in the future have under
Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or
regulation, except as provided herein. Grantor, on behalf of itself and its successors and
assigns, further knowingly and voluntarily waives and expressly releases and discharges
Releasee and any and all of Releasee's employees, agents, officers, servants, representatives,
contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the
following: pre-condemnation damages, inverse condemnation, lost business goodwill, lost
profits, lost rents, severance damages, mitigation damages, compensation for the construction
and use of the Project in the manner proposed, damage to or loss of improvements pertaining to
the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right
to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the
Property, any right to challenge the adoption of a resolution of necessity, any right to receive
any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any
obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor
pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees,
statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain
proceeding that is filed pertaining to the Property Interests and further waives all attorney's fees,
costs, claims to money on deposit, disbursements and expenses in connection with the
dismissal of said proceeding.
4. The parties intend that this Agreement will result in a full, complete and final resolution and
settlement of any and all claims, causes of action or disputes which exist, or may exist, between
them as to the acquisition, possession and/or use of the Property Interests, except as expressly
provided herein. It is therefore understood that the waiver, under this Agreement, of any rights,
damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full
and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the
provision of section 1542 of the Civil Code of the State of California which provides:
"A general release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the release and that,
if known by him or her, would have materially affected his or her settlement with the
debtor or released party.
(B) Grantor represents and warrants that it understands the effect of this waiver of section
1542 and has had the opportunity to discuss the effect of this waiver with counsel of its
choice.
5. Any monies payable under this Agreement up to and including the total amount of unpaid
principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions of said deed(s) of trust
or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies)
entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and
sufficient receipt showing said monies credited against the indebtedness secured by said
mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has
the right to convey the Property Interests. Grantor will defend and indemnify OCTA, its
successors and/or assigns against any and all claims, demands, causes of action filed against
Page 3 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
RIGHT OF WAY CONTRACT This documentcontains personal
and
information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the
Property, or any portion thereof. Grantor represents and warrants that it will defend and
indemnify OCTA, its successor and/or assigns in the amount of any due and unpaid real
property taxes, assessments, liens and any penalties and delinquencies on the Property.
Grantor represents and.warrants that it has made no assignment of any interest in the Property.
7. Grantor represents and warrants that there are no oral or written leases on all or any portion of
the Property exceeding a period of one month and Grantor agrees to defend and indemnify and
hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses
occasioned by reason of any lease of said Property held by any tenant of Grantor for a period
exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be
required from any lessee that has a lease term exceeding one month. Said general release or
quitclaim deeds are to be provided to Commonwealth Land Title Company, other selected
escrow company, or OCTA by Grantor, prior to the close of escrow. The provisions of this
paragraph shall apply to current leases on Grantor's property as well as future leases, if any,
that are entered into after the execution of this Agreement.
8. It is understood and agreed by and between the parties hereto that included in the amount payable
under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following
improvements: 67 linear feet of six-foot-high chain link fencing. All purchased improvements listed
above will not be replaced by OCTA. Grantor agrees that it is not entitled to compensation for any
other improvements located within the areas of the Property Interests being purchased pursuant to
this Agreement.
9. It is understood and agreed by and between the parties hereto that the following improvements, if
any, within the areas of the Property Interests will be protected in place: Railroad facilities. It is
further understood and agreed to by and between the parties hereto that the following
improvements within the areas of the Property Interests will be relocated: None.
10. OCTA shall not take actual/physical possession of the Property Interests until thirty (30) day
advance notice by OCTA or OCTA's contractor is given to Grantor of OCTA's taking
actual/physical possession of the Property Interests. Prior to OCTA's actual/physical possession
of the Property Interests, Grantor agrees to hold harmless, defend and indemnify OCTA its
officers, directors, employees and agents against any and all claims including property damage
or injuries resulting from the use of the areas within the Property Interests by Grantor and/or
Grantor's guests, invitees, or any other person. OCTA shall not be deemed to have control of
the areas within the Property Interests nor duty to maintain the areas within the Property
Interests in a safe condition prior to the time OCTA or OCTA's contractor take actual/physical
possession of the areas within the Property Interests.
Grantor agrees to name OCTA as an additional insured under its current insurance policy.
Grantor further agrees to notify OCTA in writing within thirty (30) days of any potential claim
relating to the areas within the Property Interests prior to OCTA taking actual/physical
possession of the areas within the Property Interests.
11. It is understood and agreed by and between the parties hereto that payment as provided in
Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future
damages, which have accrued or may accrue to Grantor's remaining property by reason of its
severance from the property conveyed herein and/or the construction and use of the proposed
Project, including, but not limited to, any expense which Grantor may incur in restoring the utility
Page 4 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
of the remaining property. This release is not intended to extend to unanticipated physical
damage caused by construction.
12. It is agreed between the parties hereto that OCTA is not assuming responsibility for payment or
subsequent cancellation of unpaid assessments on the Property acquired under this transaction.
Said assessments include but are not limited to Schedule B, Section B, Items # A, B, and C of
order number 08023273 of the Preliminary Title Report prepared by Commonwealth Land Title
Company. Grantor acknowledges it has received and reviewed the Preliminary Title Report. The
assessments remain the obligation of Grantor. Payment for the Property Interests acquired under
this transaction is made upon the basis that the Grantor retains its obligation to the levying body
respecting said assessments.
13. The Temporary Construction Easement shall be for a period of forty-eight (48) months ("TCE
Term"). The TCE Term shall commence upon the recordation of the Temporary Construction
Easement Deed and payment of the amount in Clause 2(A) above. Grantor shall be provided at
least thirty (30) days written notice prior to commencement of work within the Temporary
Construction Easement area. Grantor agrees to keep the Temporary Construction Easement area
free and clear of all materials, shrubbery, crops, improvements and debris during the TCE Term.
Grantor further agrees that cost of removal of any materials, shrubbery, crops, improvements or
debris that are installed during the TCE term shall be the sole responsibility of Grantor.
14. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this
contract, the right of possession and use of the Property Interests by OCTA, including the right to
remove and dispose of improvements, shall commence on the date the amount of funds as
specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The
amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such
possession and use, including damages, if any, from said date.
15. Any notice either party may or is required to give the other shall be in writing, and shall be either
personally delivered or sent by registered or certified mail, return receipt requested. If by mail,
service shall be deemed to have been received by such party at the time the notice is delivered to
the following addresses:
To Grantor:
City of Huntington Beach
Attn: Andy Ferrigno
P.O. Box 190
Huntington Beach, CA 92648
To OCTA:
550 South Main Street
Orange, CA 92863-1584
Attn: Joey Mendoza
16. It is understood and agreed by and between the parties hereto that this Agreement inures to the
benefit of, and is binding on, the parties, their respective heirs, personal representatives,
subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all of its
interests or rights under this Agreement.
Page 5 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
17. Grantor represents and warrants that during the period of Grantor's ownership of the Property,
there have been no disposals, releases or threatened releases of hazardous substances or
hazardous wastes on, from, or under the Property. Grantor further represents and warrants that
Grantor has no knowledge of any disposal, release, or threatened release of hazardous
substances or hazardous.wastes on, from, or under the Property which may have occurred prior
to Grantor taking title to the Property.
The acquisition price of the Property Interests being acquired in this transaction reflects the full
and complete settlement of the Property Interests without the presence of contamination. If the
Property Interests being acquired are found to be contaminated by the presence of hazardous
waste which requires mitigation under Federal or State law, OCTA may elect to recover its
clean-up costs from those who caused or contributed to the contamination including, but not
limited to, Grantor.
18. It is understood and agreed that the fully executed Grant Deed and Temporary Construction
Easement Deed may be recorded in the Recorder's Office for the County of Orange.
19. This Agreement constitutes the entire agreement between the parties hereto with respect to the
subject matter of this Agreement and may not be modified except by an instrument in writing
signed by the party to be bound thereby.
20. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the
remainder of the Agreement shall remain in full force and effect.
21. Each individual executing this Agreement on behalf of an entity represents and warrants that he
or she has been authorized to do so by the entity on whose behalf he or she executes this
Agreement and that said entity will thereby be obligated to perform the terms of this Agreement.
22. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail,
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.
23. This Agreement may be subject to approval by OCTA's governing Board of Directors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Page 6 of 7
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT
information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
In Witness Whereof the parties have executed this Agreement on the day and year set forth below.
GRANTOR
CITY OF HUNTINGTON BEACH, A MUNICIPAL
CORPORATION
Erik Peterson DATE
Its: Mayor
V--By: -
p1 Robin anisl u DAT
s: City C64rk
ORANORTATION AUTHORITY
GE UNTY SP
BY: ,�
Jane ' G. Beil DA E
Executive Director, Capital Programs
APPROVED AS Tg.FORM.
By: 4
James Pronich DATE
Ge al Counsel
Ofange County Transportation Authority
AP EU AS TO FORM
M At_c E. T
CM AnORNEY
CITY OF huw�::STnfy 3EACH
Page 7 of 7
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 validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 4/22/2019 before me, Donna M. Switzer, Notary Public, personally appeared
Erik Peterson who 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 he executed the same in his authorized capacity, and that by his signature on
the instrument the person, 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.
DONNA M SWITZER
WITNESS my hand and official Seal. COMMISSION#2130243 3
E '- Notary Public-California 3
ORANGE COUNTY J
My Comm Expires Oct.15.2019
(Seal)
(Notary Signature)
A notary public or other Vicer completing this certificate v es only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On April 22, 2019 before me, Donna M. Switzer, Notary Public, personally
appeared Patty Esparza, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS m hand and official seal. DONNAIut SWITZER
y COMMISSION#213--
-0 - _ Notary Public-California 3
E "3 a" ORANGE COUNTY
My Comm E■prres Oct.15.2019
(Seal)
(Notary Signature) 61
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
RIGHT OF WAY CONTRACT This documentcontains personal
and
information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
Exhibit "1"
Grant Deed
RF•:ordpd in Official Records, Orange County
• Hugh Nguyen k-Recorder
II jj NO FEE
Commonwealth Land Title Company $ R 0 0 1 1 1 1 0 2 6 7 $
20190003399071:23 pm 09/09/19
RECORDING REQUESTED BY 63 416 G02 7
WHEN RECORDED RETURN TO: 0.00 0.00 0.00 0.0018.00 0.00 0.000.000.00 0.00
Clerk of the Board
ORANGE COUNTY TRANSPORTATION
AUTHORITY
550 South Main Street
P.O.Box 14184
Orange, CA 92863-1584
FREE RECORDING:
This instrument is for the benefit of the Orange County
Transportation Authority, and is entitled to be recorded
without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. &
Tax.Code,§ 11922.
APN: 142-311-34 Above Space for Recorder's Use
32?3 77-,r 0 0.00
District County Route Post Number
12 Orange I-405 17.21 103121-1
GRANT DEED
(Corporation)
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION (hereinafter,
"Grantor"), is the owner of that certain real property located in the City of Westminster, County
of Orange, State of California, designated as Assessor's Parcel Number 142-311-34 ("Grantor's
Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity, ("Grantee"), all that real property more particularly described in Exhibit "Al".
and depicted in Exhibit"A2"attached hereto, which are incorporated herein by this reference.
GRANTOR: City of Huntington Beach, a
municipal corporation
DATED: April 22nd , 2019 ell s—
By:Erik Peterson
Its: Mayor
DATED: April 22nd , 2019 6x�
(/ Its: City Clerk
APPR VED AS TO FORM
By:__ v .
sn
MICHA& < TGIt ES
CITY ATTORNEY
CITY OF M1Nj±eTiGT0N%EACH
I(IIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII
20190909033990714231134
CITY OF HUNTINGTON BEACH
PO BOX 190
I IUNTINGTON BEACH,CA 92648
I
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A notary public or other Wcer completing this certificate v es only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 4/22/2019 before me, Donna M. Switzer, Notary Public, personally appeared
Erik Peterson who 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 he executed the same in his authorized capacity, and that by his signature on
the instrument the person, 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.
DONNA M SWITZER
WITNESS my hand and official seal. % COMMISSION#2130243 3
-1 ' + Q Notary Public-California 3
E ORANGE COUNTY
My Comm Expires Oct.15.2019
(Seal)
(Notary Signature)
A notary public or other Wcer completing this certificate v es only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On April 22, 2019 before me, Donna M. Switzer, Notary Public, personally
appeared Patty Esparza, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
ER
WITNESS m hand and official seal. ;'=.,5:', DONNAM SWITZ02
Y '! COMMISSION A!2730243 3
` Q Notary PUblic-California 3
E "O ORANGF COUNTY
My Conan tµwes Oct 1 2019
(Seal)
(Notary Signature)
PS OM,A►S
1 EXHIBIT `Al'
2 LEGAL DESCRIPTION
3
4 Caltrans Parcel No. 103121-1
5 Fee Acquisition
6 APN 142-311-34
.7
8 In the City of Westminster,County of Orange, State of California, being a portion of the
9 lands described in that certain Grant Deed recorded December 21, 1987 as Document No.
10 87-702916 of Official Records of said County, also being a portion of Parcel 3 as said
11 parcel is shown on the parcel map filed.in Book 279 of Parcel Maps,Pages 33 and 34,
12 Orange County Records, described as follows:
13
14 Beginning at the intersection of the centerline of McFadden Avenue and the centerline of
15 Southern Pacific Railroad Right of Way, said railroad centerline being the easterly line of
16 the West one-half of Section 14, Township 5 South,Range 11 West,Rancho La Bolsa
17 Chi.ca as shown on said parcel map;thence northerly along said easterly line and said
18 railroad centerline the following two (2) courses:
19 1.North 00°15'55" East 12.00 feet to a point, said point being the center quarter
20 corner of said Section 14;
21 2.North 00°16'09" East 40.05 feet to a point thereon;
22 thence at right angles to the previous course North 89°43'51" West 15.00 feet to a point,
23 said point being the southeasterly corner of said Parcel 3;thence along the easterly line of
24 said parcel North 00°16'09" East 469.96 feet to a point thereon, said point being the True
25 Point of Beginning; thence North 44'01'48" West 53.28 feet to a point on the northerly
26 line of said parcel;thence along the northerly,northeasterly and easterly lines of said
27 parcel the following three (3) courses:
28 1. South 89°43'51" East 32.22 feet;
29 2. South 44°01'40" East 7.15 feet;
30 3. South 00°16'09" West 33.02 feet to the True Point of Beginning.
31
M:12PTG01090MURVEYTEGAMSegment41103I21_1 423 1 1341Legals1103121-I-FEE.doex Page 1 of
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S AS
1
2 This conveyance is made for the purpose of a freeway and the GRANTOR hereby
3 releases and relinquishes to the GRANTEE any and all abutter's rights including access
4 rights, appurtenant to GRANTOR's remaining property, in and to the freeway.
5
6 Containing 697 square feet.
7
8 The distances shown herein are grid distances. Ground distances may be obtained by
9 dividing grid distances by the combination factor of 0.99997837.
10
11 See Exhibit `A2' attached hereto and made apart hereof.
12
13 k-ANfl
e-ee-e-
14
0
15 Prepared under the direction of
-�
0
* a °
16 5260 x°
17 e s •"e
eee°ee°eeoee
of OA01o`��
19 Brian E. Bullock, PLS 5260 Date
20
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M:12PTG0.109001SURVEYILEGALS1Segment 41103121_1 423 1 1 3 41Legals\1 03121-1-FEE.docx Page 2 of 2
7/13/2016
EXHIBIT A2 0
PARCEL# TITLE AREA APN
103121 -1 FEE 697 SF 142-311 -34
LINE DATA
L 5 L 6 `570
BEARING DISTANCE ` A-' q
L 1 NOO°15'55"E 1 2.00' ` °�' sy �0
L2 NOO°16'09"E 40.05' TPOBFCO
L3 N89043'51 "W 1 5.00 qf� �, X,
L4 N8903235"W 100.00' 103121 -1 FF
L5 S89°43'51 "E 95.01 '
L6 S44001 '40"E 7.15' i
1u.
a
Cz
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ur rn t s) , o
N J
O N—1 rn
I LL1 LIJ
�N
O 00•— t Q! 3:
c t\1
U \�
Q
Z
UO EL Z �� o ttl
1
w cI LL1
ru
150' 100' r IT_j Z P,�ftGI✓L }
` ' a. LL
15' J w
° PNJ31 1 D7/ 1 a
L4 L3 i L2 CENTER 1 /4 CORNER
SEC. 14 T.55., R.1 1 W.
LEGEND L i
(R) Indicates Radial Bearing
True Point of Be innin POD;A'l-
TPOBcFADD
POB Point of Beginning g '�'`" EN AVENUE
C� caltrans Parcel Number Cr 1 Imo. 2
,,,,,, LL Old Right of Way(superseded) v >>� n F
Exist Right of Way �- a z Pr'}f�✓ A
e rC , APN 142-471-01
Proposed Right of Way LO Ll, z 5
Access Prohibited ¢ PPIF1 3 J / 12- 1-r
NOTES
The distances shown herein are
grid distances. Ground distances FEE ACOUISITION
may be obtained by dividing grid
distances by the combination
factor of 0.99997837. FEET 0 50 100 200 300
PREPARED BY: DATE: 02-09-2015 REV.: 07-13-16 EA: OF FAQ:
P S O M A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
3714�51n 13i3/(71 Centre 4)545'8883 (Fax) 1 2 ORANGE 405 1 7.21 1 2
Santa Ana cal;farnla 92707 200
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
Aufij 41 3 201__I,from City of Huntington Beach, a municipal corporation,to the
Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument,
the provisions of which are incorporated by this reference as though fully set forth in this
Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant
to authority conferred by the OCTA Board of Directors Resolution No. 2010-010 adopted on
March 8,2010,and the Grantee consents to recordation:th7erebyly authorized officer.
Dated: By:
Jams . Beil
E tive Director, Capital Programs
i
ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.21,it shall be kept confidential
in order to protect against unauthorized
disclosure.
Exhibit "2"
Temporary Construction Easement Deed
` Recorded in Official Records, Orange County
Hugh Nguyen, k-Recorder
Commonwealth NO FEE
a th Land Title Company ��mi �� I� � �� � ��I � I II
* $ R 0 0 1 1 1 1 0 Z 6 8 $
20190003399081:23 pm 09/09/19
RECORDING REQUESTED BY 63 416 E01 9
WHEN RECORDED RETURN TO: 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00
Clerk of the Board
ORANGE COUNTY TRANSPORTATION
AUTHORITY
550 South Main Street
P.O.Box 14184
Orange, CA 92863-1584
FREE RECORDING:
This instrument is for the benefit of the Orange County
Transportation Authority, and is entitled to be recorded
without fee or tax. (Gov. Code, §§ 6103,27383;and Rev. &
Tax.Code,§ 11922.
APN: 142-311-34 Above Space for Recorder's Use
�a a U 7 3 -77, ,6a cX-�
District County Route Post Number
12 Orange I-405 17.21 103121-2
GRANT OF EASEMENT
(Temporary Construction Easement)
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION (hereinafter,
"Grantor"), is the owner of that certain real property located in the City of Westminster, County
of Orange, State of California, designated as Assessor's Parcel Number 142-311-34 ("Grantor's
Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a
public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and
assigns, a temporary easement for construction of the I-405 Improvement Project, in, on, over,
under, and across that portion of Grantor's Property more particularly described in Exhibit 1'131",
depicted in Exhibit "132", and as defined in scope in that certain document titled "Temporary
Construction Easement Attachment to Legal Description," all of said documents are attached
hereto, and incorporated herein by this reference. The term of the easement described herein will
commence from the date of recordation and expire forty-eight (48) months after the recorded
date.
I
I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
20190909033990814231134
CITY OF HUNIINGTON BEACH
PO BOX 190
HUNTINGTON BEACH,CA 92648
I
I
i
- i
i
GRANTOR: City of Huntington Beach, a
municipal corporation
DATED: April 22nd , 20 19
By:Erik Peterson
Its: Mayor
DATED: April 22nd , 20 19
obin tanislau
Its: City Clerk
APPP,gVED AS TO FORM
Bv.-
;a t III HAE, S. GA7
CITY ATTORNEY
CITY OF HWi-;',.GTON OEACH
A notary public or other cer completing this certificate v es only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 4/22/2019 before me, Donna M. Switzer, Notary Public, personally appeared
Erik Peterson who 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 he executed the same in his authorized capacity, and that by his signature on
the instrument the person, 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.
DONNA K SWITZER
WITNESS my hand and official seal. :"` COMMISSION#2130243
I Notary Public-California c
cr
E e ORANGE COUNTY
My Comm Expires Oct.15.2019
Seal
(Notary Signature)
A notary public or other Wcer completing this certificate v Res only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On April 22, 2019 before me, Donna M. Switzer, Notary Public, personally
appeared Patty Esparza, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS m hand and official seal. DONNAM SWITZER
Y " COMMISSION#2130243 3
Notary Public-California 3
E ° ORANGE COUNTY
My Comm Eapues Oct.15.2019
(Seal)
(Notary Signature)
P S O MAJ
1 EXHIBIT TV
V
2 LEGAL DESCRIPTION
3
4 Caltrans Parcel No. 103121.2
5 Temporary Construction Easement
6 APN 142-311-34
7
8 That portion of Parcel 3 of Parcel Map No. 90-327, in the City of Westminster, County of
9 Orange, State of California,filed in Book 279,Pages 33 and 34 of Parcel Maps in the
10 office of the County Recorder of said County and being a portion of the lands described
11 in that certain Grant Deed recorded December 21, 1987 as DoctunentNo. 87-702916 of
12 Official Records in the office.of the County Recorder of said County,described as
13 follows:
14
15 Commencing at the southeast corner of said Parcel 3; thence along the east line of said
16 Parcel 3 North 0096'09" East 469.96 feet to the True Point of Beginning; thence
17 South 00016'09" West 26.87 feet along said easterly line; thence North 89°43'51"West
18 20.47 feet;thence North 44°01'48"West 90,82 feet to the northerly line of said Parcel 3;
19 thence South 89°43'51" East 46.69 feet along said northerly line;thence
20 South 44001148"East 53.28 feet to the True Point of Beginning.
21
22 Containing 2683 square feet.
23
24 The distances shown herein are grid,distances. Ground distances may be obtained by
25 dividing grid distances by the combination factor of 0.99997837.
26
27 See Exhibit `B2' attached hereto and made apart hereof.
28
29
30
31
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2/24.12017
PS OMAS
1
2
LA/y0
3 �C- SGP
y
4 Prepared.under the direction of o JEREMY
EVANS PU
0
6 sIlk No. 5282 �Q
7 CA�,�O��
9 Jeremy L. Evans,PLS 5282 Date.
10
11
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1.4
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M:\2PTG010900\SURVEY\LEGALS\Segment 4\103121_14231134\Legals\103121-2-TCE.doex Page 2 of 2
2/24/2017
TEMPORARY CONSTRUCTION EASEMENT
ATTACHMENT TO LEGAL DESCRIPTION
Assessor Parcel No: 142-311-34
Caltrans Parcel No: 103121-2
This temporary construction easement shall be in, on, over, under, and across that certain real
property described in Exhibit "Bl" and depicted in Exhibit `132" attached hereto, subject to the
rights and limitations set forth herein ("TCE"). The TCE shall be used by the Orange County
Transportation Authority and its employees, agents, representatives, contractors, successors and
assigns (collectively, "OCTA") in connection with the construction of the I-405 Improvement
Project. The TCE shall be for a period of forty-eight (48) months, a portion of which shall be
exclusive (subject to the rights and limitations set forth below) and a portion of which shall be
non-exclusive. Specifically, the actual physical construction activities within the TCE area shall
be limited to a period of thirty-six(36)consecutive months within the forty-eight(48)month TCE
period (the "Construction Period"). During the Construction Period, OCTA's use and occupancy
of the TCE will be exclusive, subject to the rights and limitations set forth below. OCTA's use
and occupancy of the TCE during the remaining twelve (12) months of the TCE period will be
non-exclusive.
Rights and Limitations of Use and Occupancy of TCE:
• OCTA shall provide the owner(s) and occupant(s) of the property subject to this TCE a
minimum of thirty (30)-days written notice as to when the Construction Period will
commence.
• During the Construction Period, OCTA may place a temporary fence around the TCE area,
provided however, no fence will be placed around or across any railway within the TCE
area.
• Reasonable pedestrian and vehicular and railway access to the property shall be maintained
at all times.
• Access to the TCE area shall be from the public right of way.
• Improvements within the TCE area will be removed as needed by OCTA to allow for
construction activities. All improvements so removed shall be included in the
compensation paid by OCTA for this TCE.
• All railroad facilities shall be protected in place
• Prior to the termination of the Construction Period, OCTA will remove from the TCE area
all construction equipment and materials including, without limitation, any temporary
fence, any temporary improvements, and all construction-related debris The TCE area will
be graded and compacted.
OCTA expressly reserves the right to convey,transfer,or assign the TCE subject to the same rights
and limitations described herein.
EXHIBIT B2
PARCEL# TITLE AREA APN
103121 -2 TCE 2683 SF 142-311 -34
I \, /—
LINE DATA
L5 L6 ppS
BEARING DISTANCE
L 1 N00°1 5'55"E 1 2.00' i jp�,, ( p'pOS,S� Ord
L2 N00° 16'09"E 40.05' c, TPOB c�j F`� Cp
L3 N89043'51 "W 1 5.00' A%r
L4 N890 32;35„W 1 00.00;
L5 S89 43 51 E 95.01
L6 S44001 '40"E 7.15' i �J
cu
0
o Co
in —m t'0
ZCL rn u�
N 1
ON—1 m
1 IL1 "I, �0 Lu I
O Co t� of -3:
CO ..C' �l N
00D- _
O z D) r
O
2in
b [L Z 1n o
n �1
o _t
w 1-- `1 LLl I
1 50' 100' z°
C z 5- a-
I
15 �L
POC w�
r
L4 L3 L2 CENTER 1 /4 CORNER
SEC. 1 4 T.5S. R.1 1 W.
L1 —��
MOF
LEGEND N z q��EN
4 q V�NUE
(R) indicates Radial Bearing ' w
CY N Q
TPOB True Point of Beginning ILl -
POB Point of Beginning 0 N �>i
Caltrans Parcel Number APN 142-471-01
Exist Right of Way 0- Z 5 Access Prohibited ¢ f'1</1 9J / J 7 14
NOTES
The distances shown herein are 1 0 3 1 2 1 - 2
grid distances. Ground distances TEMPORARY CONSTRUCTION EASEMENT
may be obtained by dividing grid
distances by the combination
factor of 0.99997837. FEET 0 50 100 200 300
PREPARED BY: DATE: 02-09-2015 REV.: 02-24-17 EA: FA#:
P S O M A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
3 Button Centre Drive Ste. 200 r�
(714)751-Y373/(7}4)545-8883 (Fox) 12 ORANGE 405 17.21 1 2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Temporary Construction
Easement Deed dated ( , 201g, from City of Huntington Beach, a
municipal corporation, to the Orange County Transportation Authority ("OCTA"), a public
entity, by the within instrument, the provisions of which are incorporated by this reference as
though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on
behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution
No. 2010-010 adopted on March 8, 2010, and the Grantee consents to recordation thereof by its
duly authorized officer.
Dated: ,� By: "
Jam . Beil
E tive Director, Capital Programs
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Fa " jgp9 " Office of the City Clerk
Robin Estanislau, City Clerk
April 22, 2019
OPC
Attn: Daniela Borbe
Sr. Project Manager
1 Jenner, Suite 200
Irvine, CA 92618
Dear Ms. Borbe:
Enclosed please find the executed original of the 1-405 Improvement Project Right-Of-Way
Contract" approved by the Huntington Beach City Council on April 15, 2019.
Upon complete execution, please return a copy of the fully executed agreement to us.
Please mail the Agreement to:
Robin Estanislau
City Clerk
2000 Main Street, 2"d Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosures
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