HomeMy WebLinkAboutState of California Department of Transportation - 2021-11-02 Zp C.L. 'et/_(__
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City of Huntington Beach
File #: 21-793 MEETING DATE: 11/2/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Authorize execution of documents for permanent highway and temporary construction
easements to Caltrans for Transportation Improvement Project State Route 1 - PCH and Main
Street
Statement of Issue:
The City Council is asked to authorize the Mayor to execute documents for the transfer
of property rights to Caltrans for temporary Construction Easements and permanent
Highway Easements for the division's forth-coming transportation and ADA project at
PCH and Main Street.
Financial Impact:
Payment to the City in the amount of $18,200 for compensation for easements, with a $3,000
incentive for timely execution. Total compensation $21,200.
Recommended Action:
Authorize the Mayor to execute "Easement Deed Highway" "Certificate of Occupancy and Receipt of
Relocation Information" "Right of Way Contract" and "Right of Entry Form" for the transfer of property
rights for the subject project easements.
Alternative Action(s):
Do not approve execution of the required documents and instruct city staff on how to proceed.
Analysis:
The California Department of Transportation (Caltrans) is proposing a Transportation Improvement
Project along State Route 1 (Pacific Coast Highway) in Orange County California in the cities of
Seal Beach, Huntington Beach, and Newport Beach, from Crystal Heights Drive to the Los
Angeles/Orange county line. The Project proposes to replace existing traffic signals, upgrade
existing curb ramps to meet current American with Disabilities Act (ADA) standards, adjust
crosswalk striping to conform to the proposed ADA curb ramp configurations, relocate and/or adjust
existing drainage facilities due to the ADA curb ramp improvements, modifications of concrete
barriers, replace existing guard rails and existing traffic loop detectors, remove and replace existing
City of Huntington Beach Pape 1 of 3 Printed on 1 012 720 2 1
pJ.eAM Lea spa•"'
File #: 21-793 MEETING DATE: 11/2/2021
asphalt concrete dike under metal beam guard rail and install new interconnect cable,
rehabilitate/re-surface existing pavement from Warner Avenue and the LA/Orange county line,
and restripe the overlay area to current Caltrans striping and delineation standards. The proposed
work is for two projects that will be combined into one prior to the project being advertised for
construction.
Caltrans is requesting to obtain a Right of Entry (ROE) from the City of Huntington Beach, a
California municipal corporation, to meet Caltrans ' Right of Way Certification date of December 15,
2021 in order to proceed with advertisement of this project. In order to the project schedule, a fully
executed ROE is needed and the standard acquisition process to follow.
The subject property is located at 1 Main Street, Huntington Beach, CA 92648 and 315 Pacific
Coast Highway, Huntington Beach CA, 92648. The property is improved with a beach pier, asphalt-
paved surface parking lot, and several commercial structures (Duke's, Sandy's Beach Shack,
Dwight's Food and Rentals, and City of Huntington Beach Lifeguard Headquarters).
Caltrans is presenting the Initiation of Negotiations in the amount of S 18,200 for Parcel No. 1041
19-1 and 104119-2 for two permanent highway easements and Parcel No. 1041 19-3 and 104119-4
for two temporary construction easements. Also included is a $3,000 incentive to the City of
Huntington Beach for timely signing of the Right of Way Contract. The incentive offer expires
November 22, 2021.
According to the Right of Way Maps enclosed, the proposed requirements are comprised of a 60
square feet permanent highway easement (Caltrans Parcel No. 1041 19-1 ), 106 square feet
permanent highway easement (Caltrans Parcel No. 1041 19-2), 1 10 square feet temporary
construction easement (Caltrans Parcel No. 1041 19-3), and 182 square feet temporary
construction easement (Caltrans Parcel No. 1041 19-4) . The permanent highway easements are
located on the northern corner of the subject larger parcel and are necessary for the proposed curb
ramp reconstruction and the upgrading of the existing traffic signals due to deterioration and
inefficient lighting. The temporary construction easements are necessary as a staging area for the
State's contractor to perform the curb ramp reconstruction and the upgrading of the existing traffic
signals. The subject site's major improvements (beach pier, parking lot, commercial structures) will
not be impacted by the State's requirement and pedestrian detours will be implemented by the
State' s contractor for safety measures as well as to maintain access to the subject larger parcel
during business operations. The temporary construction easement areas are being requested for a
41-month period that begins on the Right of Way Certification date of December 15, 2021 and
expires May 23, 2025. No construction work will be performed between Memorial Day and Labor
Day.
Environmental Status: None
Strategic Plan Goal: Infrastructure & Parks
Attachment(s):
1. Right of Way Contract
2. Easement Deed Highway
3. Certificate of Occupancy
City of Huntington Beach Page 2 of 3 Printed on 1 012 7/2 0 2 1
; wer152y Legatar"
File #: 21-793 MEETING DATE: 11/2/2021
4. Right of Entry Long Form
5. Site Map
City of Huntington Beach Page 3 of 3 Pnnted on 1027/2021
ocwerI622 Legistar"
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Parcel No. 104119-1;-2;-3; -4
RIGHT OF WAY CONTRACT- STATE HIGHWAY Page 1 of 4
RW 8-3(Rev.6/95)
California
n1 OP6809 4ahCkm 12 ORA 1 24.7 (1216000002)
U,Ly� V JL '021 Dist. Co Rte. PM Exp Auth
Vim. �Y `�
The City of Huntington Beach,a
California municipal corporation
Grantor
Document No. 104119-1 and 104119-2, in the form of Easement Deeds,covering the property particularly described in the above
instruments have been executed and delivered to Lilli Santiago,Right of Way Agent for the State of California.
This Document No.104119-3 and 1041194 in the form of Temporary Construction Easements, covering the property particularly
described in Clause 3 below has been executed and delivered to Lilli Santiago, 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 herein 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. 104119-1:-2:-3:4 for State highway purposes,a public use
for which Grantee has the authority to exercise the power of eminent domain. Grantors are compelled to sell, and
Grantee is compelled to acquire the property.
(C) Both Grantors 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 herein for the property is in compromise and
settlement, in lieu of such litigation.
(D) The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all
elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal
Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(E) No person in the United States shall,on the grounds of race,color,or national origin, be excluded from participation in,
be denied the benefits of,or be otherwise subjected to discrimination under any program or activity that is the subject of
this contract.
2. The State shall:
(A) Pay the undersigned Grantors the sum of$18,200.00 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
5096 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. Water rights,claims or title to water in or under said land,whether or not shown by the public records.
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State,the premium
charged therefor. Said escrow and recording charges shall not,however, include documentary transfer tax.
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Parcel No. 104119-1; -2;-3;-4
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
RW 8-3(Rev.6/95)
3. Permission is hereby granted to State or its authorized agent to enter upon grantors' land where necessary within those
certain areas shown outlined in color on the map marked Exhibit"A"attached hereto and made a pan hereof, for the purpose
of staking area for the proposed curb ramp reconstruction and the upgrading of the existing iraflic signals due to deterioration
and inefficient lighting.
4. It is understood and agreed by and between the parties hereto that payment in Clause 2(A)above includes, but is not limited to
payment for site improvements: concrete pavers (-15 SF and -30 SF), concrete sidewalk, and 6 metal bollards which are
considered to be part of the realty and are being acquired by the State in this transaction.
5. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property without
the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous
waste,which requires mitigation under Federal or State law,the State may elect to recover its cleanup costs from those who
caused or contributed to the contamination.
6. In addition to the Fair Market Value, it is agreed by and between the parties hereto that the amount in Clause 2 above includes
the sum of$ 3,000.00 as an incentive to the Grantor for the timely signing of this Right of Way Contract. This incentive
payment offer expires sixty (60)days from the Initiation of Negotiations(via certified mail 09/13/21).
7. State agrees to indernnify and hold harmless the Grantors from any liability arising out of State's operations under this
agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations
under this agreement and State, will, at its option,either repair or pay for such damage.
8. In consideration of the State's waiving the defects and imperfections in the record title, as set forth in Paragraph 2(A), the
undersigned Grantors covenant and agree to indemnify and hold the State ot'Califomia harnless from any and all claims that
other parties such as lessees, parties under mechanic liens, and beneficiaries may make or assert on the title to the premises.
The Grantors' obligation herein to indemnifv the State shall not exceed the amount paid to the Grantors under this contract.
9. It is agreed and confirmed by the parties for Parcel No. 104119-1 and Parcel No. 104119-2 that notwithstanding other
provisions in this contract, the right of possession and use of the subject property by the State, 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 paid to
the Grantors. 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.
10. It is understood and agreed between the parties hereto that the amount payable in Clause 2(A)above includes compensation
in full for the actual possession and use of the Temporary Construction Easement identified as Parcel No. 104119-3 and
Parcel No. 104119-4 for a period commencing on 12/15/2021 and terminating on 05/23/2025. This casement may also be
terninated prior to the above date by the Grantee upon written notice to the Grantor. At least 48 hours advance written notice
will be given before any entry on Grantor's property.
Written notification shall be given to Grantor's representative:
City of Huntington Beach— Publics Work Department
William Krill, Administrative Analyst
2000 Main Street Huntington Beach, CA 92648
W i 1I iam.kri I Insurfc itv-hb.orry
Verbal communication with Grantor's representative shall beat telephone number: (714)374-1713.
In the event owners need to provide written notification to State for information changes or property transfers, the owner
shall notify the State in writing of such occurrence at:
STATE DEPARTMENT OF TRANSPORTATION
c/o Lilli Santiago, Right of Way Agent
1750 E.0 Street, Suite 100
Santa Ana, CA 92705
Verbal communication with Lilli Santiago shall be at telephone number(657)328-6346.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION Parcel No. 104119-1; -2; -3;-4
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
RW 8-3(Rev.6195)
11. It is understood and agreed that in the event the Grantors plan to sell, lease,or rent the Grantors' property prior to the earliest
of the completion of the project or the final expiration date of these Temporary Construction Easements, the Grantors shall
inform, in writing, any and all parties involved in said sale, lease,or rental,of these Temporary Construction Easements and
associated construction project by the State.
12. This transaction will be handled through an internal escrow with the Department of Transportation, 1750 E.4th Street, Suite
100, Santa Ana,CA 92705. Stewart Tille Order No. 1098640.
13. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and
regulations relating to such work,and shall be 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 Pared No. 1041191;-2;-3;-4
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 4 of
RW 8 31Rev. 6'951
In WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
CITY HUNTIN ON BEACH,a municipal corporation of the State of California
�J
Mayor
Date Z
TVIE;
anislau,City Clerk ARID P V \
City Manager,Oliver Chi
APPROVED AS T
Michael E. ates,City Attorney /V
INITIATE ND APPROVE
Sean Crumby,Director of Public Works
Recommended for Approval:
By:
ATOLI AN
ight of Way Ag
Approved:
STATE OF CALIFORNIA
Department Transportation
i
By:
EVANGEMIWASHINGION, Branch Chief
R/W Project Coordination, Planning and
Management,&Acquisition
NO OBLIGATION OTHER THAN THOSE SETFORTH HEREIN WILL BE RECOGNIZED
'N
RECORDING REQUESTED BY
DEPARTMENT OF TRANSPORTATION
WHEN RECORDED MAIL T0.
STATE OF CALIFORNIA Recorded in Official Records, Orange County
DEPARTMENT OF TRANSPORTATION Hugh Nguyen, Clerk-Recorder I
SAN A ANA.CAUFORNIA 92705 �IN YI I I�I �I��II I��JIiI N�.,11i �Ib�l I jj NO FEE
ATTN: EVANGELINA WASHINGTON 10 0 3 3 9 J 1 BII511 s
RAN TITLES 8 ESCROW 2021000741797 9:42 am 12109/21
Time office is exempt tram ftlurg ties under Goyarmero 380 414A D 10 5
Code 6103 6 27383 No tax due Ax Reaarxb 6 Taxation 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00
Code 11922.
V*91en ty.YS Checked ny:AB EA. 0p88r, Space above this line for Recorders Use
RANMap No.. E120142-05, 13 T
APN 024-150-M,024-281-14
Ff
EASEMENT DEED District county Route Postrnlbe Number
HIGHWAY
12 ORA 001 24.7 104119-1
1D4119-2
City of Huntington Beach, a California Municipal Corporation, �3
a corporation organized and existing under and by virtue of the laws of the State of
California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of
Transportation, hereinafter called STATE, an easement for the right of way and incidents
thereto for a public highway upon, over and across that real property in the City of Newport
Beach, County of Orange, State of California, described as follows:
See Exhibit A, attached.
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 104119-1: HIGHWAY EASEMENT
That portion of Parcel A. in the City of Huntington Beach, County of Orange, State of
California, as described in a deed to the City of Huntington Beach, recorded September
19, 1990 as Instrument No. 90-498318 of Official Records, in the office of the County
Recorder of said County, described as follows:
COMMENCING at the southeasterly terminus of that certain course shown as
" N48021'35"W 1575.72' " along the southwesterly right of way line of Pacific Coast
Highway, as shown on Sheet 22 of Record of Survey No. 2019-1005, filed in Book 315,
Pages 4 through 31, inclusive, of Record of Surveys, in the Office of said County
Recorder; thence along said southwesterly right of way line, North 48021'35" West 21.11
feet to the POINT OF BEGINNING; thence leaving said southwesterly right of way line,
South 41°44'28" West 2.86 feet; thence North 48009'38" West 1.62 feet; thence North
57°16'46" West 8.23 feet; thence North 48°32'55"West 6.62 feet to the northwesterly
line of said Parcel A; thence along said northwesterly line, North 41°36'27" East 4.15
feet to said southwesterly right of way line of Pacific Coast Highway; thence along said
southwesterly right of way line, South 48021'35" East 16.39 feet to the POINT OF
BEGINNING.
Containing 60 square feet, more or less.
PARCEL 104119-2: HIGHWAY EASEMENT
That portion of Parcel A, in the City of Huntington Beach, County of Orange, State of
California, as described in a deed to the City of Huntington Beach, recorded September
19, 1990 as Instrument No. 90-498318 of Official Records, in the office of the County
Recorder of said County, described as follows:
COMMENCING at the northwesterly terminus of that certain course shown as
" N48022'08"W 886.76' " along the southwesterly right of way line of Pacific Coast
Highway, as shown on Sheet 22 of Record of Survey No. 2019-1005, filed in Book 315,
Pages 4 through 31, inclusive, of Record of Surveys, in the Office of said County
Recorder; thence along said southwesterly right of way line, South 48022'08" East 19.90
feet to the POINT OF BEGINNING; thence continuing along said southwesterly right of
way line South 48122'08" East 28.46 feet; thence leaving said southwesterly right of way
line, South 42'19'21" West 2.59 feet; thence North 48025'47"West 2.00 feet; thence
Page 1 of 2
North 64001'18" West 6.81 feet; thence North 4W25'47" West 10.00 feet, thence North
36008'10" West 8.59 feet; thence North 48°25'47" West 1.50 feet; thence North
42°12'57" East 2.62 feet to the POINT OF BEGINNING.
Containing 106 square feet, more or less.
All bearings and distances described herein are based on the California Coordinate
System of 1983, Zone VI, North American Datum of 1983 (Epoch 1991.35). The
distances shown herein are grid distances. Divide grid distances by a combined factor
0 999972 to obtain ground distances.
This land description has been prepared by me or under my direction in conformance
with the Professional Land Surveyor's Act.
Signature.
Mark S.
Date: ogLo3 ZO Z l a Sharber
90
Y} PLS 7411 Q
sglF of- CA\-�F�a�v
Page 2 of 2
Number
104119-1
104119-2
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may
hereinafter grow) and road building materials within the right of way including the right to
take water, together with the right to use same in such manner and at such location as
the STATE may deem proper, needful or necessary for the construction, reconstruction,
improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all
claims for damages to GRANTOR's remaining property contiguous to the right of way
conveyed by reason of the location, construction, landscaping or maintenance of the
highway.
Dated City of Huntington Beach, a California
f Zj ZGf.I m pal corpo lion
By Kim Title Mayor
This is to certify that the State of California, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for public
purposes the real property described in this deed and consents to its recordation.
Dated f By ADETOKUNBO OMISHAKIN
Cerificato Of Acceptance Director of Transportation
Required for Easement
Deeds
By
Attorney in/Fact
Evangelina Washington. Branch Chief
RAN Planning 8 Management,
Project Coordination 8 Acquisition
APPROVED AS T
By:
IC L E. TES
ATT EY
CM OF UN 014 BEACH
Number
104119-1;-2
ACKNOWLEDGMENT
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,
State of California
County of Of r)� O' } ss
On II '�pa'��) before me, TAni luh/0C'
personally appeared t Yin l Lr I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to
the within instrument and acknowledged to me that he/shetthey executed the same in hislher/their authorized
capacity(ies), and that by hWher/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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
TAMA WOVE
NWry Public-caft'nir
'i oww County
_ comminow r n58365
Signature (Seal) Mr cGow E*r„Mry E0,202s
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF OCCUPANCY AND NEGATIVE OCCUPANCY CERTIFICATION
RECEIPT OF RELOCATION INFORMATION
RW 10-25 Rev.3196)
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act(P.L.93-579)and the Information Practices Act of 1977(Civil Code Sections 1799.et scq.),notice is hereby given for the request of personal
information by'this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to fanlitate the processing of this farm. The failure
to provide all or my part of the requested information may delay processing of this form. No disclosure of personal information rill be made unless permissible under Article 6,
Section 1799.24 of the IPA of 1977. torch individual has the right upon request and proper identification,to inspect all personal information in my record maintained on the
individual by an identifying particular. Direct any inquiries em information maintenance to your IPA Office.
OP6809
12 ORA 1 24.7 (1216000002)
Dist. Co Rtc. P.M. Exp Auth
22 104119-I; -2; -3; -4 N/A
AR Parcel No. Federal Project No.
To Relocation Advisor:
• I have received the Department of Transportation's
Relocation Information Brochure, Information Letter Number of Occupants 0
and Postcard.
• I will file my claim for any benefits due me in [XI No person displaced
accordance with the instructions as set forth in the
Brochure.
I (We)first occupied the property(to be)acquired by the
• I certify that the following information is true to the State on:
best of my knowledge.
Occupant's Signature
Name: The Citv of Huntington Reach, a California Owner/Tenant
Municipal corporation 441-z,Date
Address: I Main Street/315 Pacific Coast Highway
Huntington Beach, CA 92648
1 have personally verified the above occupancy and I certify Date of State's first offer to acquire this property:
possession of:
Via certified mail on 09/13/21
droont(s)
Livi Dote
Dining to
)e❑ [X] Non residential.
Kitchen
Service porch [X] No personal property to be moved.
Garage
Other [ ] Personal property only; furniture owned by
al room count
l 1 Tenant [ Owner.
LILLI SANFIAGO, Right of Way Agent
RM PROJECT SURVETORt -
REVISms By
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XX-FMS-120142-13
STATE OF CAUFORNIA•DEPARTMFaIF OF MANSPORTATION EXHIBIT
RIGHT OF ENTRY- LONG FORM L 8-FX-23 (REV 22016)
(F�0) Page 1 of 3
Date:
12 ORA 1 24.7
Dist. Co Rte. Post
104119-1;-2;-3;4 OP6809
Parcel No. Exp Auth
(1214000002)
Project ID No.
State of California
Department of Transportation
Mr.Ryan Chamberlain
District 12 Director of Transportation
1750 E.46 Street Ste. 100
Santa Ana,CA 92705
Permission is hereby granted to enter upon our land,_I Main Street +15 Pacific Coast Highway, Huntington Beach. CA
92648 and within these certain areas shown outlined in color on the map for the purpose of constructing or improving a public
highway and accomplishing all necessary incidents thereto.
It is understood that this permission is not a waiver in any way of the right of compensation for such land or of any remedy
authorized by law to secure payment therefor. It is the intent of the State of California, Department of Transportation,to pay
just compensation to the Owner(s)for permission to enter the subject property and to construct the project.
This permission is granted in consideration of the location, improvement and construction of such highway and incidents
thereto,which it is understood is required by the State of California, Department of Transportation,with the understanding that
you will hereafter without unnecessary delay,negotiate with the undersigned,and any other person, if any,having any right,title
or interest in said property,to agree upon terms of compensation and that,if any agreement cannot be reached you will promptly
commence eminent domain proceedings, including a deposit of funds to support an Order for Possession, to have such a
compensation determined.
Section 1245235 of the Code of Civil Procedure requires the State of Califomia, Department of Transportation, to give
each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the
California Transportation Commission and be heard on the matters referred to in Section 1240.030 of the Code of Civil
Procedure,which provides:
The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are
established:
(1) The public interest and necessity require the project.
(2) The project is planned or located in the manner that will be most compatible with the greatest public good and the
least private injury.
(3) The property sought to be acquired is necessary for the project.
(4) The offer required by Section 7267.2 of the Government Code has been made to the owner or others of record.
(if an offer has not been made,an appraisal will be prepared as soon as practicable and an offer made of the full
amount of such appraisal.)
�F �'��Of✓�e�� �C�d�GO,I�?�' �22� �-��� i0lnal�J
EXHIBIT
RIGHT OF FNTRY - LONG FORM (Cont.) 8-EX-23 (REV 212016)
(Forma) Page 2 of 3
By granting this irrevocable right to possession and use of the parcels to State,Owner agrees to the following: (1)Owner
specifically waives the notice required by Code of Civil Procedure Section 1245.235 of the hearing of the matter referred to in
Code of Civil Procedure Section 1240.030 and the adoption of the resolution of necessity by the California Transportation
Commission authorizing the taking of the property described in Exhibit A;(2)Owner shall not object to the filing of an eminent
domain proceeding to acquire the property described in Exhibit A;and(3)in any eminent domain action filed by State to acquire
the property described in Exhibit A,Owner shall not challenge State's right to take such property,and the only issue shall be the
amount of just compensation for the property.
It is understood that the State of California, Department of Transportation,will pay interest from December 15,2021 on the
just compensation paid by the State of California,Department of Transportation. the rate of interest will be the rate of earnings
of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil
Procedure. Interest will be computed to and including the date of deposit of compensation.
Sincerely,
CITY OF HUNTINGTON BEACH, a munj4ipaI corporation of the State of California
Mayor 11
Date:— 2�
T� � 74
Robin Estanislau,City Clerk
IEWED AND APPROVED:
C 4�—Q�-
City Manager,Oliver Chi
APPROVED A
ichael E. Gates, City Attorney {A
INITIATED AND APPROVED:
Sean Crumby, Director of Public s
EXHIBIT
RIGHT OF ENTRY - LONG FORM (Con(.) 8-EX-23 (REV 2/2016)
(Fom n) Page 3 of 3
RECOMMENDED FOR APPROVAL.:
ACCEPTED:
STATE 01;CALIFORNIA
By DEPAR'I'MHN'1'OP TRANSPOR"fA'I'ION
LILLI SANTIAGO
Right of Way Agent
By
By SON T.NGUYEN
EVANGELINA WASHINGTON Acting Office Chief
Branch Chief, R/W Project Coordination, Office of Right of Way and R/W Eng.
Planning and Management, K Acquisition District 12
Switzer, Donna
From: Krill, William
Sent: Tuesday, April 26, 2022 3:28 PM
To: Switzer, Donna
Subject: FW: Caltrans Improvement Project on PCH- City of Huntington Beach
Donna,
See Caltrans response below. It looks like they didn't need to executed the Right of Entry Long Form.
Regards,
Bill Kull
714-374-1713
From: Peterson, Lilli Angeli@DOT<Lilli.Peterson @dot.ca.gov>
Sent: Tuesday, April 26, 2022 3:26 PM
To: Krill, William <William.Krill @surfcity-hb.org>
Subject: RE: Caltrans Improvement Project on PCH- City of Huntington Beach
Good Afternoon Bill,
We processed the Right of Way Contract & Highway Easement. The process was either an
ROE or an executed contract/highway easement deed to meet our certification date. We
did not execute the ROE, only the Contract and Highway Easement Deed. If you have
additional questions, please let me know.
Thank you,
Lilli Angeli Peterson (Santiago), Right of Way Agent
Caltrans District 12 - Office of Right of Way & R/W Eng.
1750 East 41" Street, Suite 100, Santa Ana, CA 92705
T: (657)328-6346 C: (424) 413-1 108 1 Lilli.Peterson4dot.ca.aov
1r tip war
From: Krill, William <William.Krill@surfcity-hb.orR>
Sent: Tuesday, April 26, 2022 3:23 PM
To: Peterson, Lilli Angeli@DOT<Lill i.Peterson @dot.ca.gov>
Subject: RE: Caltrans Improvement Project on PCH- City of Huntington Beach
EXTERNAL EMAIL. Links/attachments may not be safe.
Hi Lilh,
I cannot seem to find the executed version of the Right of Entry Long Form. Would you be able to send me a copy of the
fully executed version? I have attached the version that I have on hand to this email.
1
Thanks,
Bill Knll
714-374-1713
From: Santiago, Lilli Angel i@DOT<LiIIi.Santiago@dot.ca.Rov>
Sent:Tuesday, November 30, 2021 8:37 AM
To: Krill, William <William.Kri11@surfcity-hb.org>
Subject: RE: Caltrans Improvement Project on PCH- City of Huntington Beach
Good Afternoon Bill,
Thank you for the scanned copy! I will wait for the original to be received by our office. I was
able to open escrow this morning with the scanned highway easement deed. I will let you
know once we receive the check.
Thank you,
Lilli Angeli Santiago, Right of Way Agent
Caltrans District 12 - Office of Right of Way & R/W Eng.
1750 East 41h Street, Suite 100, Santa Ana, CA 92705
T: (657)328-6346 C: (4241 413-1 108 1 Lilli.Santiago4clot.ca.aov
+MffOFWAY
From: Krill, William <William.Krill @surfcity-hb.orp
Sent: Monday, November 29, 2021 1:28 PM
To: Santiago, Lilli Angeli@DOT<Lilli.Santiago@dot.ca.Rov>
Subject: RE: Caltrans Improvement Project on PCH-City of Huntington Beach
EXTERNAL EMAIL. Links/attachments may not be safe.
Hello Lilh,
Please find the executed copy of the updated Easement Deed attached. I will get this in the mail today. Please let me
know if there are any questions.
Thanks,
Bill Krill
7 14-374-1 7 1 3
From: Krill, William
Sent: Monday, November 15, 2021 7:39 AM
To: Santiago, Lilli Angeli@DOT<LiIIi.Santlago@dot.ca.gov>
Subject: RE: Caltrans Improvement Project on PCH-City of Huntington Beach
Hello Lilli,
2
City of Huntington Beach
{` 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ wtiwv.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
November 8, 2021
State Department of Transportation
c/o Lilli Santiago, Right of Way Agent
1750 E. 41h Street, Suite 100
Santa Ana, CA 92705
RE: Parcel Map No>. 104119-1 ; -2; -3; -4
Dear Ms. Santiago:
Enclosed are partially executed originals (4) of the "Right of Way Contract — State
Highway; a partially executed Easement Deed — Highway; a partially executed
Certificate of Occupancy and Receipt of Relocation Information; and partially executed
originals (3) of the Right of Entry — Long Form" approved by the Huntington Beach City
Council on November 2, 2021.
Upon complete execution, please return fully executed originals of the Right of Way
Contract and the Right of Entry, and fully executed copies of the Easement Deed and the
Certificate of Occupancy and Receipt of Relocation Information.
Please deliver the documents to:
Robin Estanislau
City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
440L, 9A�440j�
Robin Estanislau, CIVIC
City Clerk
RE:ds