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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: APRIL 12, 2022
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: RIGHT OF WAY CONTRACT-STATE HIGHWAY-PERMANENT
EASEMENT DEED LOCATED AT MIRALOMA WAY CUL-DE-SAC
ATTACHMENT (Y/N): YES ITEM # 18
RECOMMENDATION:
That the City Council, by Motion:
1. Approve in substantial form a Right of Entry-Long Form and a Right of Way Contract-State Highway (Agreements) and authorize the Public Works Director, or his designee, and City Clerk to execute the Agreements and other documents associated with this transaction on behalf of the City of Anaheim (City);
2. Authorize changes to the Right of Entry-Long Form and a Right of Way Contract- State Highway that do not substantially change the terms and conditions of the Agreements, so long as such changes are determined to be de minimis by the City Attorney's Office;
3. Approve in substantial form a Permanent Highway Easement Deed (Easement) and authorize the Mayor and City Clerk to execute the Easement and direct the City Clerk to release the Easement to the California Department of Transportation (Caltrans) per the Agreements as mentioned above; and
4. Authorize the acceptance of an $8,900 payment.
DISCUSSION:
Caltrans is proposing a safety project on westbound State Route 91, which includes installing a new overhead sign structure between the North Placentia Avenue and State Route 57 connector in the City. The sign's design requires constructing and installing a tubular post and footing foundation on an unimproved portion of East Miraloma Way (Site). The Site is part of a landscaped cul-de-sac owned by the City for right-of-way purposes.
In order to secure property rights necessary to certify its project, Caltrans requests the City sign a Right of Entry (ROE) that irrevocably grants the right to possess and use the Site for the construction of the new overhead sign and its appurtenant facilities (Right of Entry-Long Form). The ROE waives the City's right to challenge Caltrans' right to take property via eminent domain but does not waive the City's right to compensation.
In addition, a Right of Way Contract-State Highway Agreement details the following terms and conditions:
Right of Way Contract-State Highway-Permanent Easement Located at Miraloma Way Cul-de-sac April 12, 2022
The overhead sign structure will comply with all public service facilities clearance requirements and protect those facilities in place.
Existing public service facilities shall maintain prior rights for future maintenance or improvement needs as determined by the City.
Caltrans will replace "in kind" existing miscellaneous landscaping that may be impacted, damaged, or removed during construction.
The State has agreed to indemnify and hold harmless the City. The City will grant a permanent highway easement (PHE) for the sign structure's installation and maintenance along with a temporary construction easement (TCE).
The PHE totals 1,996 square feet, and the TCE comprises 986 square feet with a 14- month duration.
A one-time payment of $8,900 will be payable to the City of Anaheim; this price is based on an appraised fair market value for the PHE and TCE. The PHE will be effective upon the recordation of the easement deed and the close of escrow.
Caltrans or its Contract will obtain necessary City permits, including applicable fees associated with its project, and construction shall not commence until the approval of City permits.
IMPACT ON BUDGET:
There is no budgetary impact.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Aerial Sketch
2. Right of Entry-Long Form
3. Right of Way Contract-State Highway
4. Permanent Highway Easement Deed (Parcel No. 104154-1)