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HomeMy WebLinkAboutState of California Department of Transportation - 2021-11-02 Zp C.L. 'et/_(__ H~Vg) 7-o 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. 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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