HomeMy WebLinkAbout04 OCTA OFFER TO ACQUIRE PROPERTY RIGHTSDocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
1�Y O
AGENDA REPORT
S
MEETING DATE: MAY 19, 2020
Agenda Item
Reviewed:
City Manager
Finance Director
El
lw5w
9
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: ORANGE COUNTY TRANSPORTATION AUTHORITY OFFER TO
ACQUIRE PROPERTY RIGHTS FOR STATE ROUTE 55 PROJECT
SUMMARY:
Request for authorization to approve a right-of-way purchase contract and two Temporary
Construction Easements with the Orange County Transportation Authority ("OCTA") to
acquire property interests from a southwest portion of a City -owned 11 -acre parcel
adjacent to State Route 55 for an interstate widening project.
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the right-of-way purchase contract and two Temporary Construction
Easements from the Orange County Transportation Authority; and
2. Authorize the City Manager to execute transaction documents associated with the
right of way purchase of City -owned land and easements between the City and
OCTA, subject to any non -substantive modifications as may be deemed necessary
and/or recommended by the City Attorney.
FISCAL IMPACT:
OCTA has agreed to pay the City $295,200 for the property rights consisting of a Partial
Fee Interest, Temporary Construction Easements, improvements to City property, and an
incentive payment for timely execution of the contract.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan for Economic and Neighborhood
Development (Goal A): "Enhance mobility around the community, engaging partnerships
with the OCTA and the region."
37
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
Agenda Report - OCTA offer to acquire property rights for State Route 55 project
May 19, 2020
Page 2
BACKGROUND AND DISCUSSION:
OCTA approached the City about purchasing one (1) Partial Fee Interest and two (2) five-
year Temporary Construction Easements ("TCE") on a portion of a City -owned vacant
parcel adjacent to State Route 55 ("SR -55"), North of Valencia Avenue, as illustrated in
the picture below. OCTA, in cooperation with the State of California Department of
Transportation ("Caltrans"), is proposing the SR -55 Improvement Project ("Project"),
widening the SR -55 between Interstate Route 405 and Interstate Route 5. The Project is
intended to increase freeway capacity, improve traffic and interchange operations and
enhance road safety.
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The Partial Fee Interest purchase offer is $185,250 for a 2,850 square foot ("sf") portion
of City property at $65/sf. Although there are two TCEs, one TCE is nominal in value
since OCTA will be constructing a cul-de-sac at the terminus of Valencia Avenue for the
City's benefit. The other TCE gives OCTA the right to utilize 2,151 sf for construction
purposes associated with the freeway expansion for a payment of $55,926. In addition,
OCTA is paying the City for fencing improvements in the amount of $4,166. Finally, OCTA
offered the City a $49,200 incentive payment for timely execution of the contract,
contingent upon the City's conditional acceptance by March 16, 2020, within 60 days from
the City receiving OCTA's offer on January 16, 2020. The City submitted in writing
conditional acceptance on March 13, 2020. The acceptance was conditioned on the
recognition that final authority to accept the offer requires City Council authorization.
OCTA has rounded up the offer, bringing the total payment to the City to $295,200. Upon
38
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
Agenda Report — OCTA offer to acquire property rights for State Route 55 project
May 19, 2020
Page 3
the City's acceptance, OCTA will open a 60 -day escrow and pay all escrow and recording
fees.
OCTA's appraisal offer of $65/sf utilized a Sales Comparison Approach, which is most
typically relied upon for vacant land, to appraise the estimated fair market value of the
partial acquisition, inclusive of damages and benefits, and based on the unit value of the
larger parcel. A search for comparable land sales was first conducted in the City,
however, due to the limited number of market transactions, the sales search area was
expanded to surrounding cities. There were five (5) comparable land sales with an
adjusted range of $47.06/sf to $72.52/sf. The results of the analysis were reconciled into
an estimate of fair compensation of $65/sf. When the incentive payment is factored into
the Partial Fee Interest offer, the offer effectively equals $78.26/sf.
The five-year time period for each TCE begins on the date funds are deposited into
escrow and gives OCTA the ability to begin their work at any time during that five-year
period. OCTA will give the City a thirty (30) day notice prior to commencement of work.
Once OCTA commences the work on the City property for the cul-de-sac improvements,
they must complete the improvements within one year. Once OCTA commences the
work on the City property for freeway expansion, they must complete that work within two
years.
On May 11, 2020, the Planning Commission adopted Resolution No. 4404, that the
location, purpose, and extent of the proposed sale is in conformance with the General
Plan. The City Attorney has reviewed and approved the attached transaction documents.
Staff recommends the City Council accept the offer and authorize the City Manager to
execute all documents necessary to effect the transaction.
I "SfbPU, r 6sky
Christopher Koster
Director of Economic Development
JerryCraig
Deputy Director of Business Services &
Housing
Janine Hernandez
Management Assistant
Attachments: 1. Grant Deed
2. Grant of Easement (Temporary Construction Easement 103727-2)
3. Grant of Easement (Temporary Construction Easement 103727-3)
4. OCTA Right of Way contract
39
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
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.)
Written by: TK Checked by: VDT EA: OJ340
RAW Map No.: E120133-26 APN: 430-251-22
GRANT DEED
Space above this line for Recorder's
District
County
Route
Postmile
Number
12
ORA
55
9.1
103727-1
City of Tustin, a municipal corporation,
hereinafter called GRANTOR, hereby grants to the ORANGE COUNTY
TRANSPORTATION AUTHORITY, a public entity, hereinafter called OCTA, all that
real property in the City of Tustin, County of Orange, State of California, described
as follows:
See Exhibit "A", attached.
The GRANTOR further understands that the present intention of the OCTA is to
construct and maintain a public highway on the lands hereby conveyed and the
GRANTOR, for itself and its successors and assigns, hereby waive any and all
claims for damages to GRANTOR's remaining property contiguous to the property
hereby conveyed by reason of the location, construction, landscaping or
maintenance of the highway.
40
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
Dated:
City of Tustin, a municipal
corporation
Its:
ACKNOWLEDGEMENT
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
On
before me,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the persons) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/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.
Signature
(Seal)
a
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 103727-1
FEE
That portion of Parcel 1 of Parcel Map No. 2010-127, in the City of Tustin,
County of Orange, State of California, as shown on a map filed in Book 371,
Pages 25 through 29 of Parcel Maps, in the office of the County Recorder of said
County, lying northwesterly of the following described line:
COMMENCING at the northwesterly terminus of that certain course shown as
having a bearing of North 49020'06" West and a length of 774.52 feet in the
southwesterly line of said Parcel 1; thence along said certain course, South
49020'11" East 34.55 feet to the TRUE POINT OF BEGINNING; thence leaving
said certain course,
North 45031'53" East 420.60 feet; thence North 59043'50" East 172.92 feet to the
northerly line of said Parcel 1.
This conveyance is made for a freeway and the GRANTOR hereby releases and
relinquishes to the STATE any and all abutter's rights of access, appurtenant to
GRANTOR'S remaining property, in and to the freeway.
The bearings shown herein are based on the California Coordinate System of
1983, Zone VI, North American Datum of 1983 (1991.35 epoch).
The distances shown herein are grid distances. Ground distances may be
obtained by dividing grid distances by the combination factor of 0.99997834.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
Signature: 7&1"; 1<a".1z10,L LAAO
Teri Kahlen, PLS
Date: 8/5/19 a TER/ KAHLEN
* No. 8746
Cr CA
42
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed
dated ,20_, from City of Tustin, 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. 2018-050 adopted on May 14, 2018, and the Grantee
consents to recordation thereof by its duly authorized officer.
Dated:
Z
James G. Beil
Executive Director, Capital Programs
43
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
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: 430-251-22 Above Space for Recorder's Use
District
County
Route
Post
Number
12
Oran a
SR -55
9.04
103727-3
GRANT OF EASEMENT
(Temporary Construction Easement)
CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the
owner of that certain real property located in the City of Tustin, County of Orange, State of
California, designated as Assessor's Parcel Number 430-251-22 ("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 SR -55 Improvement Project, in, on, over, under, and
across that portion of Grantor's Property more particularly described in Exhibit "Cl", depicted in
Exhibit "C2", 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
on the date of the deposit of funds into escrow and expire sixty (60) months thereafter.
44
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
DATED: , 20_
CITY OF TUSTIN, A MUNICIPAL
CORPORATION
By:
Its:
I
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
ACKNOWLEDGEMENT
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
On
before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/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.
Signature
(Seal)
46
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
EXHIBIT "C1"
LEGAL DESCRIPTION
CALTRANS PARCEL NO. 103727-3
TEMPORARY CONSTRUCTION EASEMENT
APN 430-251-22
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2010-127, IN THE CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25
THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET
WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH;
THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49°20'11" WEST, 827.65
FEET;
THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40039'49" EAST, 40.00
FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE;
THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45°31'53" EAST,
420.60 FEET;
THENCE NORTH 59043'50" EAST, 20.38 FEET;
THENCE SOUTH 45031'53" WEST, 419.86 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 49°20'11" EAST, 53.79 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 60.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
2943'28" AN ARC LENGTH OF 31.13 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 92.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
29°43'28" AN ARC LENGTH OF 47.73 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49020'11" WEST,
130.86 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE AFOREMENTIONED
COURSE DESCRIBED AS "SOUTH 45031'53" WEST, 419.86 FEET';
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION NORTH 45°31'53" EAST, 20.07
FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 1,791 SQUARE FEET OR 0.041
ACRES, MORE OR LESS.
Page] of 2
47
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA
COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT),
ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY
0.99997834.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "C2", ATTACHED HERETO AND MADE A
PART HEREOF.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
12/16/19
TIMOTHY S. FE-VC4 P.L.S.7-. DATE
5S\��H L S � FD sG9
4� coo
* No, 7542
Page 2 of 2
48
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
CURVE
TABLE
NO. DELTA
RADIUS LENGTH
C1 29'43'28"
60.00' 31.13'
C2 29'43'28"
92.00' 47.73'
cli
PREPARED BY ME OR UNDER MY DIRECTION:
i
12/16/19
TIMOTHY . FETTI P.L,S. 7542 DATE
L A N� S
S.
o
* No. 7512
LINE TABLE
NO.
BEARING
LENGTH
L1
N
40'39'49"
E
40.00'
L2
N
59'43'50
E
20.38'
L3
S
49'20'11"
E
53.79'
L4
N
49'20'11"
W
130.86
L5
N
45'31'53"
E
20.07'
L6
N
49'20'11"
W
5.02
cli
PREPARED BY ME OR UNDER MY DIRECTION:
i
12/16/19
TIMOTHY . FETTI P.L,S. 7542 DATE
L A N� S
S.
o
* No. 7512
I POC
J— N 49'20'11" W 827.65' _ __ __ �______ -
--�------------
t VALENCIA AVENUE — — g
a
SHEET 1 OF 1
THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83),
ZONE VI, NAD 83 (1991.35 EPOCH
O.C.S. GPS ADJUSTMENT).
ALL DISTANCES SHOWN ARE GRID DISTANCES.
DIVIDE THE GRID DISTANCES SHOWN
BY 0.99997834 TO OBTAIN GROUND DISTANCES.
�— ♦
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PARCEL 1
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P.M. 2010-127
P.M.B. 371/25-29
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W
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APN 430-251-22
I
,I
N
TCE
103727-3
z
1,791 SQ.FT.
I
1
I
5
I
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TPOB
L3 C1 '—
RAD. - P.R.C.
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L5
I
61.8'
L4C2
N 40'39'49" E
I
I POC
J— N 49'20'11" W 827.65' _ __ __ �______ -
--�------------
t VALENCIA AVENUE — — g
a
SHEET 1 OF 1
THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83),
ZONE VI, NAD 83 (1991.35 EPOCH
O.C.S. GPS ADJUSTMENT).
ALL DISTANCES SHOWN ARE GRID DISTANCES.
DIVIDE THE GRID DISTANCES SHOWN
BY 0.99997834 TO OBTAIN GROUND DISTANCES.
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Temporary Construction
Easement Deed dated , 20, from CITY OF TUSTIN, 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. 2018-050
adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized
officer.
Dated:
James G. Beil
Executive Director, Capital Programs
50
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
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: 430-251-22
Above Space for Recorder's Use
District
County
Route
Post
Number
12
Orange
SR -55
9.08
103727-2
GRANT OF EASEMENT
(Temporary Construction Easement)
CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the
owner of that certain real property located in the City of Tustin, County of Orange, State of
California, designated as Assessor's Parcel Number 430-251-22 ("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 SR -55 Improvement Project, in, on, over, under, and
across that portion of Grantor's Property more particularly described in Exhibit `B I", 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
on the date of the deposit of funds into escrow and expire sixty (60) months thereafter.
a
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
DATED: , 20
CITY OF TUSTIN, A MUNICIPAL
CORPORATION
By:
Its:
52
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
ACKNOWLEDGEMENT
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 )
On
before me,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/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.
Signature
(Seal)
53
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
EXHIBIT "B1"
LEGAL DESCRIPTION
CALTRANS PARCEL NO, 103727-2
TEMPORARY CONSTRUCTION EASEMENT
APN 430.251-22
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO, 2010-127, IN THE CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25
THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET
WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH,
THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49°20'11" WEST, 827.65
FEET;
THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40039'49" EAST, 40.00
FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE, SAID
POINT BEING THE TRUE POINT OF BEGINNING,
THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45031'53" EAST,
420.60 FEET,
THENCE NORTH 59043'50" EAST, 20.38 FEET;
THENCE SOUTH 45031'53" WEST, 439.93 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY
LINE;
THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49°20'11" WEST, 5.02
FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 2,151 SQUARE FEET OR 0.049
ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA
COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT),
ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY
0.99997834.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "132", ATTACHED HERETO AND MADE A
PART HEREOF,
Page 1 of 2
54
I
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORM16NCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT,
nfn2o- 6/27/19
TIMOTHY S. FETt,*G P.L.S.,;4* DATE
I
No. 7542
Page 2 of 2
a
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
._-.....-. LINE TABLE.
NO.
BEAMING
LENGTH
L1
N 40'39 49 E
40,00
L2
N 59'43 50 E
20.38
L3
N 49'2011 W
5.02
LO
Ln
W
t/7
r'
" 1
� v
I '
I '
I � I
• � I
PREPARED BY ME OR UNDER MY DIRECTION:
a* ;W�� 6/27/19
MOTHY . FETTI P.L.S. 7542 DATE
LAND
S.
SG
Ira 7542
,
C 1►4�
,
,
r
I w
I PARCEL 1
�r
I
P.M. 2010-127
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P.M.B. 371/25-29
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APN 430-251-22
TCE
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103727-2 1
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2,151 SQ.FT,
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----_-_ - IN 49"20'11" W
o -�-� VALENCIA
THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83),
ZONE VI, NAD 83 (1991.35 EPOCH
O.C.S. GPS ADJUSTMENT).
ALL DISTANCES SHOWN ARE GRID DISTANCES.
DIVIDE THE GRID DISTANCES SHOWN
BY 0.99997834 TO OBTAIN GROUND DISTANCES.
POC
NUE - g
SHEET 1 OF 1
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DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Temporary Construction
Easement Deed dated , 20, from CITY OF TUSTIN, 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. 2018-050
adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized
officer.
Dated:
James G. Beil
Executive Director, Capital Programs
57
DocuSign Envelope ID: D10F3CFA-DA04-4C49_B181.OAA6143AEC8D-v QTY 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.
SR -55 IMPROVEMENT PROJECT
Adjacent to SR -55, North of Valencia Ave. 103727-1,
Tustin, CA 92780 103727-2, 103727-3 430-251-22 and 23
Property Address Parcel No(s). APN.
6071(129) 09205611-920-CMM-CM8
Federal Project No. Escrow No. Title Order No.
RIGHT-OF-WAY CONTRACT
City of Tustin, a municipal corporation (hereinafter, "Grantor"), owns the real property located adjacent
to SR -55, North of Valencia Ave., Tustin, CA, in the County of Orange, Assessor Parcel Number(s)
430-251-22 and 23 (the "Property"). A portion of the Property is needed for construction of the SR -55
Improvement Project, a public project designed to accommodate the widening of the SR -55, increase
freeway capacity, improve traffic and interchange operations and enhance road safety (the "Project").
Document No. 103727-1 in the form of a Grant Deed (Exhibit "11") and Document No.103727-2 in the
form of a Temporary Construction Easement Deed (Exhibit "2") and Document no. 103727-3 in the
form of a Temporary Construction Easement Deed (Exhibit "3") to the Orange County Transportation
Authority ("OCTA"), covering the property interests as described in Exhibit "A" attached to Exhibit "1",
Exhibits "B1" and "62" attached to Exhibit "2", and Exhibits "Cl" and "C2" attached to Exhibit "3"
(collectively, the "Property Interests") have been executed and delivered to Jill Craig, Senior Right -of -
Way Agent for HDR, Inc., agent for OCTA.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
(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(s). 103727-1,
103727-2, and 103727-3 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 the 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 58
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D UTY 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 Two Hundred Ninety -Five
Thousand Two Hundred Dollars and Zero Cents ($295,200.00) for the Property Interests
conveyed by Document No(s). 103727-1, 103727-2, and 103727-3 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 Forty -Nine Thousand Two Hundred Dollars and Zero Cents
($49,200.00) 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 Golden State Escrow or another selected escrow company to be
determined.
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,
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:
Page 2 of 7 59
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D
RIGHT OF WAY CONTRACT
ZjTY CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
(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
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 successors 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 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
releases 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 Golden State Escrow,
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: 148.38 linear feet of chain-link fencing and 8 linear feet of top rail. None of the
purchased improvements listed above will 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
within the areas of the Property Interests will be protected in place: None. 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.
Page 3 of 7 60
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D CITY 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.
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
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 #B, of order number
09205611-920-CMM-CM8 of the Preliminary 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 sixty (60) months ("TCE Term").
The TCE Term shall commence upon the date when the amount of funds, as specified in Clause
2(A) herein, are deposited into the escrow controlling this transaction. 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 within the Property Interest, 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.
Page 4 of 7 61
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D aTY 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.
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 Tustin, a municipal corporation
Attn: Jerry Craig, Deputy Director
Business Services & Housing
Economic Development Department
300 Centennial Way
Tustin, CA 92780
To OCTA:
550 South Main Street
Orange, CA 92863-1584
Attn: Joe Gallardo
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.
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 Deeds 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.
Page 5 of 7 62
DocuSign Envelope ID_ D10F3CFA-DA04-4C49 _B181.OAA6143AEC8D RITY CONFIDENTIAL
RIGHT OF WAY CONTRACT This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
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 63
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D UTY CONFIDENTIAL
This document contains personal
RIGHT OF WAY CONTRACT information, and pursuant to Civil Code
section 1798.2 1, 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 TUSTIN, A MUNICIPAL CORPORATION
By:
DATE
Its
By:
DATE
Its:
ORANGE COUNTY TRANSPORTATION AUTHORITY
am
James G. Beil DATE
Executive Director, Capital Programs
APPROVED AS TO FORM:
MI -
Rick E. Rayl DATE
Special Counsel for
Orange County Transportation Authority
Page 7 of 7 64
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D UTY
RIGHT OF WAY CONTRACT
Exhibit "1"
Grant Deed (Exhibit "A")
(Document No. 103727-1)
CONFIDENTIAL
This document contains personal
information, and pursuant to Civil Code
section 1798.21, it shall be kept confidential
in order to protect against unauthorized
disclosure.
65
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D CITY 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 (Exhibit "B1" and "B2")
(Document No. 103727-2)
DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D CITY 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 "3"
Temporary Construction Easement Deed (Exhibit "Cl" and "C2")
(Document No. 103727-3)