AGENDA
ITEM
19 OF CALE
AGENDA
CALEXICO California ITEM
TAL COUNT WHERE CALIFORNIA AND MEXICO MEET
19 CITY COUNCIL
AGENDA STAFF REPORT
DATE: February 21, 2024
TO: Mayor and City Council
APPROVED BY: Esperanza Colin aren, cil Manage Car Cal Nar REVIEWED BY: Carlos Campos, City Attorney
PREPARED BY: Guillermo Sillas, Public Works Director/City Engineer SUBJECT: Adopt Resolution of the City Council of the City of Calexico Authorizing the City Manager to Execute Right-Of-Way Contract, Certificate of Occupancy, Easement Deed and Certificate of Acceptance to the State of California Department of Transportation for the Continuation of Construction of State Route 98 Improvements.
=====================================:
Recommendation:
Adopt Resolution of the City Council of the City of Calexico Authorizing the City Manager to Execute Right-Of-Way Contract, Certificate of Occupancy, Easement Deed and Certificate of Acceptance to the State of California Department of Transportation for the Continuation of Construction of State Route 98 Improvements.
Background:
The State of California Department of Transportation (Caltrans) previously entered into Right of Way Contract No. 35564-2 on July 30, 2019 with the City of Calexico for State Route (SR) 98 Improvements. The Temporary Construction Easement No. 35564-2 (TCE) agreed upon in the above-mentioned contract expired on December 31, 2022. There was a project need to extend this TCE through June 30, 2024 for an additional period of 15 months.
Discussion and Analysis:
A fair market value appraisal report has been approved for the subject property. Caltrans offer of just compensation has been included. The materials attached includes a Title VI compliance pamphlet and information and an informative booklet titled Your Property/Your Transportation Project, which provides answers to questions owners frequently ask concerning the Caltrans land acquisition process. The acquisition process will be conducted by electronic mail. The attached documents provide information and serve to initiate the Caltrans purchase of a temporary construction easement at the property. Should the City decides to accept Caltrans offer of compensation, the attached documents shall be signed and returned in the manner described. The following is an explanation of the paperwork to be enclosed with the hardcopy mailing herein:
1. Deed MAP
Right of way parcel map of your property. The lot the city owns is highlighted in color.
2. SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY This Statement provides general information required by Federal and State Relocation Assistance and Real Property Acquisition policies. It also describes the interest and the amount of property being purchased.
3. APPRAISAL SUMMARY STATEMENT
This summary presents the amount offered as just compensation and outlines the method used to arrive at this amount.
4. RIGHT OF WAY CONTRACT
The contract, in the amount of $ 2,500.00 contains all the terms and conditions of this transaction.
5. CERTIFICATE OF OCCUPANCY
This form notifies our Relocation Assistance Program unit no person or personal property needs to be relocated for this project.
6. EASEMENT DEED
Deed shall be signed in the presence of a Notary Public and have your signature properly acknowledged.
7. PAYEE DATA RECORD
This form notifies the IRS of this transaction in-lieu of a 1099-S tax identification form.
This is a requirement for the close of escrow.
Fiscal Impact:
Revenue of $2,500.00
Coordinated With:
City Manager's Office.
City Attorney's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
Resolution of the City Council of the City of Calexico Authorizing the City Manager to Execute Right-Of-Way Contract, Certificate of Occupancy, Easement Deed and Certificate of Acceptance to the State of California Department of Transportation for the Continuation of Construction of State Route 98 Improvements. 2 2. Right of Way Contract
3. Easement Deed
4. Certificate of Acceptance
5. Certificate of Occupancy
ATTACHMENT NO. 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO
AUTHORIZING THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY CONTRACT,
CERTIFICATE OF OCCUPANCY, EASEMENT DEED ANCE CERTIFICATE OF
ACCEPTANCE TO THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the City is authorized to acquire property and accept/grant real property interest for the construction and maintain of public improvements within the City of Calexico; and WHEREAS, the City of Calexico ("Owner") is the owner of the subject properties; and WHEREAS, Government Code section 27281 requires a city to execute a Certificate of Acceptance for the recordation of any interest being granted by the City; and WHEREAS, Government Code section 27281 allows a City Council to adopt a Resolution authorizing the execution of Certificates of Acceptance on its behalf; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Calexico hereby resolves as follows:
Section 1. The above-listed recitals are true and correct.
Section 2. The City Manager are authorized to execute Right-of-Way Contracts), Certificate of Occupancys), Easement Deeds) and Certificate of Acceptance(s) for the following parcels:
1. Parcel No. 35923-1
Section 3. The City of Calexico transfers via Easement Deeds) to the State of California, Department of Transportation.
PASSED, APPROVED AND ADOPTED this 21% day of February, 2024.
Gloria Romo, Mayor
Attest:
Veronica L. Alvarado, City Clerk
Resolution No. 2024-
Approved as to Form:
Carlos L. Campos, City Attorney
State of California )
County of Imperial ) ss.
City of Calexico
I, Veronica L. Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the above and foregoing Resolution No. 2024- was duly passed, approved and adopted by the City Council at its regular meeting held on the 21 day of February, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Veronica L. Alvarado, City Clerk
ATTACHMENT NO. 2
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95) RW 35923-1 City of Calexico
, California DISTRICT COUNTY ROUTE POST R/W Project I.D.
MILE EA
, 2023 IMP 98 32.3 08029 1117000085
City of Calexico
Grantor-
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 35923-1 in the form of an Easement Deed, covering the property particularly described in the above instrument has been executed and delivered to Nicholas Guzman, 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. 35923-1_for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property.
Both Grantor 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.
(C) The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Hon Asiance racing confine with tie me til is Aco.
1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(D) 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.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95) RW 35923-1 City of Calexico
2. The State shall pay the undersigned Grantor the sum of $2,500.00 for the property or interest conveyed by above documents) when title to said property vests in the State.
3. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District 11, 4050 Taylor Street, San Diego, CA 92110.
4. It is understood and agreed between the parties hereto that the amount payable in Clause 2 above includes compensation in full for the actual possession and use of the Temporary Construction Easement identified as Parcel No. 35923-1 for the period commencing on.
January 1, 2023 and terminating on June 30, 2024. This easement may also be terminated prior to the above date by the Grantee upon written notice to the Grantor.
5. Should the property be materially destroyed by fire, earthquake, or other calamity without the fault of either party, this contract may be rescinded by State; in such an event, the State may reappraise the property and make an offer thereon.
6. Grantor(s) warrants) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantors) further agrees) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantors) for a period exceeding one month.
7. In consideration of the State's waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract.
8. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action.
9. The undersigned grantor warrants that they are the owner in fee simple of the property affected by these easements and that they have the exclusive right to grant said easements.
10. It is recognized and understood that the undersigned Grantor(s), or their successors in interest, shall not have access to the area of the Temporary Construction Easement. Access to the area of the Temporary Construction Easement will be granted upon the completion of construction or June 30, 2024, whichever date occurs first.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95) RW 35923-1 City of Calexico
In Witness whereof, the parties have executed this agreement the day and year first above written.
City of Calexico
By
Name:_
Its: City Manager
Grantor
Recommended for Approval:
By STATE OF CALIFORNIA
Nicholas Guzman, Department of Transportation
Associate Right of Way Agent
By
Steve Aragon, Chief Richard Covey
Acquisitions / Condemnation Branch Supervising Right of Way Agent Right of Way Division Right of Way Division
No Obligation Other Than Those Set Forth Herein Will Be Recognized
SEE HAP 83619.2
NOG 2846°6-17.30 CITY OF CALEXICO
61.00'
ACCOON TO US. CO FILM PUT OF RESIS: ACED MAE 24, 195
33504-3
TOE STATE N88*36'227
REE 96019579 13,68 10.00'
05331 X -50-2024
3NIT .S. 558°5822V
RAILROAD SPIKE NO EXIST OVERHEAD THE SANES PAULIN AVE NORTH.
N03 22 039
8128108 EASE
REC 09-2-1516 SCC:NO: 02414:-FILED 03-19-2002
2 41 027 72959 REE 85-30-393 AM SCG NO 89461: FILEO 04-25-1990.
BK 1289, PO 676; REC 02-25-1970
211°60
00311) 78-19 11-IMP-98 (EAST BIRCH ST)
83619.3
180 23'05%
381.50°
1740
PM 32,3 • XI-IMP-202-CLX (PER BK 454, PC 152: REC 04-08-1937) SEE MAP LEVISIONE SEE MAP. 83618.1
REF
915.05°
144512425(81 805.
XIST STATE RAI
130.049 130.04•
THY FACE
BEEP DATE: 06-30-2034
CURVE / LINE DATA TABLE
LOT 11 RADIUS DELTA/BEARING LEN/DIST
N0O°25'22° 10.00'
BLOCK LIB 19-934 N89*5740"E
(IMPERIAL AVE) LOT 12 0092322°
NG8*1010"C 14.52
O.R. 1-17
152°40 10° 17.227
(MAP 934) OE8E N3010100 4.47°
8.00° 21°52'43°
REVISIONS LOT 13 36X 32.00° 19*30'23
ALLEY PAULIN AVE 22.00° 09*30'23° 3.65
Q.M.6-40 BLOCK 5
11-IMP-117 (MAP 911) (MAP 15)
35' PER O.R. 1-20 01" LINE 55' PER O.R. 1-20 • EXIST STATE RAT LOT 14 OR.-|4 * SCE NO BATA CONE REFOR A TE
* SCC NO 03461; COMPLAINT TO QUIET TITLE
LOT 15
GRANTOR NOTES STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTAIENT OF TRANCPORTATION
PARCELO GRANTOR/GRANTEE REMARKS 0c.00 RIGHT OF WAY
ПИО І DATE
01-29-201 2020-0010572 DEED MAP
ICE EXP DATE: 12-31-2022; NO OVERLAP
2687 MAP NO. 83619.1
2536 ICE EXP DATE: 12-31-2022- NO OVERLAP 2012-018570
03-16-101 2019-018578 FOR PESVIOUS R/E DEOELATION SEE
2019-013679
TISCIO OF CANET, LIC SR TEC ED AT 90 30-221 FULL SIZE MAP SCALE 1**20° DISTRICT COLAT NOUTE SHITT PU SMITT NO. TOTAL
-29 32.3
ATTACHMENT NO. 3
STATE OF CALIFORNIA HIGHWAY USAGE
DEPARTMENT OF TRANSPORT 233
DISTRICT 11
Recording Requested By and Mail To:
State of California
1050 Taylor Street M. 3. 3at00r
San Diego, CA 92110
Space above this line for Recorder's Use
District County Route Postmile Number
EASEMENT DEED 11 IMP 98 32.3 R/ 35923-1
RN MAP 83619.1 E.A. 08029
City of Calexico, a Charter City and Municipal Corporation, a corporation organized and existing under and by virtue of the laws of the State of California, hereinatter callec GRANTOR, hereby grants to the State of California, Department of Transportation hereinafter called STATE, a temporary easement for CONSTRUCTION PURPOSES, upon, over, under and across that real property in the City of Calexico, County of Imperial, , State of California, described as follows:
See Exhibit "A", attached.
Number
R/ 35923-1
The GRANTOR, for itself and its successors and assign, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the right of way granted by reason of the location, construction, landscaping or maintenance of the highway.
Dated:
City Manager
City of Calexico
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.
ANTHONY F. TAVARES
Dated
Director of Transportation
By
Attorney in Fact
CHRIS SCHMIDT
Deputy District Director
Right of Way Division
Number
R/ 35923-1
EXHIBIT "A"
PARCEL 35923-1
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES, upon, over, under and across that portion of land described in Indenture between Florence A.
Hoffman et ux, and Carl P. Norwall, recorded September 25, 1916, as Book 113, Page Bring a stip of a ta 10.00 teR in detor the Souther sieria sing of ali in. described line:
COMMENCING at a Well Monument with a 2-1/4 inch California Department of Transportation disk marking Engineer's Station 104+99.68 "J" Line as shown on State Highway Monumentation Map MLO-73618 which bears S.03°34'14"E., 1043.27 feet from a 2-1/4 inch California Department of Transportation disk in concrete marking Engineer's Station 115+42.95 "J" Line as shown on said Monumentation Map; thence along said "J" Line N.03°34'14"W., 89.11 feet; thence leaving said "J" Line N.86°25'46"E., 61.00 feet to the Easterly Right of Way of Interstate Route 111; thence leaving said Easterly Right of Way N.86° 25'46"E., 17.36 feet to the POINT OF BEGINNING;
thence (1) S.48° 37' 28"E., 37.67 feet;
thence (2) S.88° 36' 22"E., 223.94 feet;
thence (3) N.43° 13' 04"E., 22.06 feet;
thence (5) S.85° 46' 23"E., 62.75 feet;
thence (6) S.46° 14' 03"E., 25.03 feet;
thence (7) S.89° 24' 17"E., 120.28 feet;
thence (8) S.73° 12'38"E., 42.19 feet;
thence (9) N.89° 53' 39"E , 140.20 feet;
thence (10) N.43° 50' 52"E .., 19.13 feet;
thence (11) N.88° 02' 22"E., 5.37 feet to the Westerly Right-of-Way of Rockwood Avenue and the POINT OF TERMINUS.
Rights to the above described temporary easement shall cease and terminate on June 30, 2024. Said rights may also be terminated prior to the above date by STATE upon notice to GRANTOR.
Bearings and distances are based on the California Coordinate System of 1983, Zone 6, HPGN Epoch 1991.35. Divide all distances by 1.0000242 to obtain ground level distances.
Number
R/W 35923-1
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act.
LAND
Patric fleecis SSIONAL SACK I. PURES SURVE
Signature
L.S. 8359
Date 8/7/2023 Exp. 12731/2023
TAL TINIS * PROF *
AU_
CK PJP
CALIFORNIA
OF
ATTACHMENT NO. 4
CITY OF CALEXICO
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Easement Deed to which this Certificate of Acceptance is attached,
from: CITY OF CALEXICO, a municipal corporation of the State of California ("Grantor") to: DEPARTMENT OF TRANSPORTATION, a public agency of the State of California ("Grantee")
is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority granted by Grantee's governing board, and Grantee hereby consents to recordation of said Easement Deed.
Dated: CITY OF CALEXICO,
a municipal corporation of the State of California
By:
Esperanza Colio Warren, City Manager
ATTACHMENT NO. 5
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF OCCUPANCY AND RECEIPT OF
RELOCATION INFORMATION
RW 10-25 (Rev. 3/96)
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), 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 facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office.
CO RTE KP(PM) EXP AUTH
DIST
IMP 98 32.3 08029/11-1700-0085
11 PARCEL NO. FEDERAL PROJECT NO.
AR
18 35923-1 FERPL 166211 (134)
To Relocation Advisor:
• I have received the Department of
Transportation's Relocation Information Number of Occupants Brochure, Information Letter and Postcard.
• I will file my claim for any benefits due me in
accordance with the instructions as set forth in No person displaced. the Brochure.
• I certify that the following information is true to I (We) first occupied the property (to be) by the best of my knowledge. acquired State on:
OCCUPANT'S NAME SIGNATURE OWNER/TENANT
City of Calexico
ADDRESS DATE
City of Calexico, 608 Herber Avenue, Calexico, CA
92231
I have personally verified the above occupancy and I Date of State's first offer to acquire this property:
certify possession of:
Bedroom(s)
Living Room
Dining Room • Non residential.
Den
Kitchen • No personal property to be moved.
Service Porch
Garage • Personal property only; owned by
Other
Total Room Count • Tenant • Owner
Nicholas Guzman
Associate Right of Way Agent
ADA Notice For individuals with disabilities, this document is available in alternate formats. For information call (916) 654-5413 Voice, CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-37, Sacramento CA 9581