Agenda packet — Guadalupe City Council, November 26, 2024 (part 2 of 2)

Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 26, 2024
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Granting of Easements to City-owned properties to Caltrans for ADA Compliance and Pedestrian Infrastructure Improvement Project on Hwy 1.

RECOMENDATION:

That the City Council adopt Resolution No. 2024-70 approving a request from Caltrans to acquire from the City, one (1) permanent easement, six (6) temporary easements, and six (6) permits to enter and construct, as part of its project for ADA compliance and to improve pedestrian infrastructure on Hwy 1 and Hwy 166.

BACKGROUND:

Caltrans is engaged in a project is to improve pedestrian infrastructure on Hwy 1 and Hwy 166 to make the path of pedestrian travel accessible and ADA-compliant. (See Attachment 2 – Project Area). This project was initiated to upgrade numerous existing driveways, curb ramps, and sidewalks within the project limits that fail to meet current ADA standards. If left uncorrected, the existing path of pedestrian travel will not be accessible since numerous existing driveways, curb ramps, and sidewalks within the project limits fail to meet State and Federal ADA standards. The proposed improvements are consistent with the Guadalupe Mobility and Revitalization Plan (2020) and the City of Guadalupe Bicycle and Pedestrian Master Plan (2014). This project is a joint effort on behalf of the City and Caltrans.

In order to complete this project, Caltrans must acquire a permanent (highway) easement, six (6) temporary easements, and six (6) permits to enter and construct, for properties located on Hwy 1 (Guadalupe Street) that are owned by the City. The differences between a permanent (or highway) easement, a temporary construction easement, and a permit to enter and construct are as follows:

1. Highway Easement (E): Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, policy power, and escheat.” (The Appraisal of Real Estate, 14th ed., Appraisal Institute)

2. Temporary Construction Easement (TCE): An easement granted for a specified purpose applicable for a specific frame of time. A TCE terminates after project completion at which point Philip F. Sinco

Page 2 of 4 ends

the encumbered fee interest in the land reverts to the owner. (The Dictionary of Real Estate Appraisal, 6th ed., Appraisal Institute)

3. Permit to Enter & Construct (T): Expressed permission to enter the grantor’s remainder property to perform construction contract work on improvements for owner’s use (such as a driveway).

Construction work that falls under this category is not required for the project, rather it is simply performed as a convenience to the property owner. This type of permit and the time associated with the work is not appraised, valued, and/or compensable to the property owner. (The permits to enter and construct requested by Caltrans for this project are to ensure that the new public improvements (e.g., sidewalk) conform to privately owned improvements (e.g., other existing sidewalk, landscaped areas, etc.) for purposes of aesthetics and safety.

Caltrans has also offered “incentive” payments in addition to the required compensation payments offered to pay for the easements if the easements are accepted by certain dates. The total of these incentive payments is $5,090 above the compensation otherwise offered by Caltrans for the easements.

DISCUSSION:

On Hwy 1, from the intersection with Hwy 166 north to 11th Street, the project consists of removing the existing 4-ft sidewalk, curb, and gutter and replacing it with a 6-ft sidewalk. The specific “acquisitions” (i.e., the permanent easement, temporary easements, and permits to enter and construct) for Cityowned properties that Caltrans must obtain from the City for the project all have their own Accessors Parcel Numbers (APN), but Caltrans has identified them with their State Parcel Numbers in the documentation related to the acquisitions. The specific properties where the acquisitions are requested, along with their State Parcel Numbers, are:

1. 836 & 848 Guadalupe Street (Royal Theater) – Parcel 12543;

2. 330 Guadalupe Street (Amtrak Station property) – Parcel 12551;

3. 884 Guadalupe Street (Vietnam Veterans Memorial Plaza) –Parcel 12541;

4. 4646 10th Street (former Al’s Union property) – Parcel 12524; and

5. 1025 Guadalupe Street (Veterans Memorial Building) – Parcel 12525.

Each of the acquisitions have their own specific Parcel number as well. 836 & 848 Guadalupe Street (Royal Theater) – Parcel 12543:

Caltrans requires a permanent highway easement, two (2) temporary easements, and one (1) permit to enter and construct at the location of the Royal Theater (836 and 848 Guadalupe Street). Photos of this area are attached as Attachment 3. A map depicting the acquisitions is attached as Attachment 4.

The permanent highway easement (Parcel 12543-1) consists of an area that is already existing sidewalk, 298 square feet in total. Caltrans wishes to acquire this area to have the ability to maintain the sidewalk in perpetuity. An appraisal ordered by Caltrans valued this easement at $7,368.54.

The two (2) needed temporary easements on this parcel are small one (1) foot wide strips behind the back of sidewalk, totaling 58 and 41 square feet (Parcels 12543-2 and 12543-4), respectively. These

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areas will be used to construct the new sidewalk on Parcel 12543-1. These temporary easements were appraised at $374.36 (Parcel 12543-2) and $264.64 (Parcel 12543-4). The appraisal also included the replacement cost of a fence and gate on the property which was valued at $1,428.95. This resulted in a total valuation of just compensation for the permanent and two (2) temporary construction easements of $10,900. In addition, Caltrans has offered another $1,090 in compensation as an incentive to the City to grant the easements provided the City does so by November 27, 2024. A permit to enter and construct (Parcel 12543-3) consisting of approximately 252 square feet is also requested to conform the existing driveway elevation and surfaces to the project improvements. As stated above, a permit to enter and construct is non-compensable because the work performed on these areas are not required for the project and are a convenience and benefit for the property owner. 330 Guadalupe Street (Amtrak Station property) – Parcel 12551:

A temporary construction easement of approximately 170 square feet is required on Parcel 12551 for the project. This is the location of the Amtrak station (330 Guadalupe Street). A map of the area is attached hereto as Attachment 5.

This temporary construction easement (Parcel 12551-1) was appraised as $700. An incentive payment of $1,000 in addition to the $700 payment will be given to the City if this easement is accepted by November 27, 2024. Parcel 12551-2 is a permit to enter and construct consisting of a 921 square foot area located behind the temporary construction easement (Parcel 12551-1). This permit to enter and construct is used for conforming the existing driveway elevation and surfaces to the project improvements and is non-compensable.
884 Guadalupe Street (Vietnam Veterans Memorial Plaza) – Parcel 12541:

Caltrans requires one (1) temporary easement and two (2) permits to enter and construct at the City’s Vietnam Veterans Memorial Plaza (aka “City Parking Lot”) located at 884 Guadalupe Street. A map depicting the easements is attached hereto as Attachment 6. The temporary easement (Parcel 12541- 1) consists of approximately 143 square feet. This easement area was appraised at $900, but Caltrans has offered an additional $1,000 incentive payment if this easement is granted before December 9, 2024.

The two (2) permits to enter and construct (Parcels 12541-2 and 12541-3) consisting of 396 and 363 square feet, respectively, are both non-compensable permits to conform the parking lot elevation to the new project improvements.
4646 10th Street (former Al’s Union property) – Parcel 12524:

Caltrans requires one (1) temporary easement and one (1) permit to enter and construct at the site of the former Al’s Union, a vacant property currently owned by the City and located at 4646 10th Street. A map depicting the easements is attached hereto as Attachment 7. The temporary easement (Parcel 12524-1) consists of approximately 54 square feet. This easement area was appraised at $500, but Caltrans has offered an additional $1,000 incentive payment if this easement is granted before December 9, 2024. The permit to enter and construct (Parcel 12524-2) consists of 196 square feet, is a non-compensable permit to conform the existing lot elevation to the new project improvements. 1025 Guadalupe Street (Veterans Memorial Building) – Parcel 12525:

Caltrans requires one (1) temporary easement and one (1) permit to enter and construct at the City’s Veterans Memorial Building located at 1025 Guadalupe Street. A map depicting the parcel is attached

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hereto as Attachment 7. The temporary easement (Parcel 12525-1) consists of approximately 158 square feet. This easement area was appraised at $1,350, but Caltrans has offered an additional $1,000 incentive payment if this easement is granted before December 17, 2024. The permit to enter and construct (Parcel 12525-2) consists of 660 square feet, is a non-compensable permit to conform the existing lot elevation to the new project improvements.

FISCAL IMPACT:

The City’s general fund will be increased by $18,350 from the compensation offered for the easements by Caltrans including the various incentive payments if the Council agrees to grant all of them.

ATTACHMENTS:

1. Resolution No. 2024-70 (including all documents related to easements)

2. Project Area

3. Photos of 836 and 848 Guadalupe Street

4. Map of easements at 836 and 848 Guadalupe Street

5. Map of easements at 330 Guadalupe Street

6. Map of easements at 884 Guadalupe Street

7. Map of easements at 4646 10th Street and 1025 Guadalupe Street RESOLUTION NO. 2024-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA GRANTING ONE (1) PERMANENT (HIGHWAY) EASEMENT, SIX (6) TEMPORARY CONSTRUCTION EASEMENTS, AND SIX (6) PERMITS TO ENTER AND CONSTRUCT TO THE STATE OF CALIFORNIA (CALTRANS) AND ACCEPTING THE OFFERED COMPENSATION
WHEREAS, Caltrans is engaged in a project (the “Guadalupe ADA Project”) to improve pedestrian infrastructure on Hwy 1 and Hwy 166 to make the path of pedestrian travel accessible and ADAcompliant by upgrading numerous existing driveways, curb ramps, and sidewalks in these locations to meet current ADA standards; and
WHEREAS, the proposed improvements are consistent with the Guadalupe Mobility and Revitalization Plan (2020) and the City of Guadalupe Bicycle and Pedestrian Master Plan (2014); and
WHEREAS, in order to complete this project, Caltrans has requested a permanent (highway) easement, six (6) temporary construction easements and six (6) permits to enter and construct, for properties located on Hwy 1 (Guadalupe Street) that are owned by the City; and WHEREAS, the easements and permits to enter and construct are required at the following properties (more fully described in the staff report accompanying this Resolution):

1. 836 & 848 Guadalupe Street (Royal Theater) – Parcel 12543;

2. 330 Guadalupe Street (Amtrak Station property) – Parcel 12551;

3. 884 Guadalupe Street (Vietnam Veterans Memorial Plaza) –Parcel 12541;

4. 4646 10th Street (former Al’s Union property) – Parcel 12524;

5. 1025 Guadalupe Street (Veterans Memorial Building) – Parcel 12525; and WHEREAS, Caltrans has also offered “incentive” payments in addition to the required just compensation payments offered to pay for the easementsif the City grants them by certain dates, the total of which is $5,090 above the compensation otherwise offered by Caltrans for the easements.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. That the City Council hereby grants the one (1) permanent easement and six (6) temporary construction easements requested by Caltrans and accepts the offered compensation, in addition to granting the six (6) non-compensable permits to enter and construct, also requested by Caltrans for the Guadalupe ADA Project.

SECTION 2. That the City Council hereby approves and authorizes the Mayor to sign on behalf of the City, the following documents required to grant the one (1) permanent easement, the six (6) temporary construction easements, and the six (6) permits to ATTACHMENT 1
enter and construct required for the Guadalupe ADA Project as well as accept the compensation offered by Caltrans, including the various incentive payments:

For 836 & 848 Guadalupe Street (Royal Theater) – Parcel 12543:

1. Right of Way Contract (Parcel nos. 12543-1, 12543-2 and 12543-4), attached hereto as Exhibit 1;

2. Highway Easement Deed (Parcel 12543-1), attached hereto as Exhibit 2;

3. Permit to Enter and Construct (Parcel 12543-3), attached hereto as Exhibit 3.

For 330 Guadalupe Street (Amtrak Station property) – Parcel 12551:

1. Right of Way Contract (Parcel 12551-1) attached hereto as Exhibit 4;

2. Permit to Enter and Construct (Parcel 12551-2), attached hereto as Exhibit 5.

For 884 Guadalupe Street (Vietnam Veterans Memorial Plaza) –Parcel 12541:

1. Right of Way Contract (Parcel 12541-1) attached hereto as Exhibit 6;

2. Permit to Enter and Construct (Parcel nos. 12541-2 and 12541-3), attached hereto as Exhibit 7.

For 4646 10th Street (former Al’s Union property) – Parcel 12524:

1. Right of Way Contract (Parcel 12524-1) attached hereto as Exhibit 8;

2. Permit to Enter and Construct (Parcel 12524-2), attached hereto as Exhibit 9.

For 1025 Guadalupe Street (Veterans Memorial Building) – Parcel 12525:

1. Right of Way Contract (Parcel 12525-1) attached hereto as Exhibit 10;

2. Permit to Enter and Construct (Parcel 12525-2), attached hereto as Exhibit 11.

SECTION 3. That the City Administrator or designee is authorized to complete the Payee Data Record Form, attached hereto as Exhibit 12, and that the City Administrator is authorized to sign the form on behalf of the City.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 26th day of November 2024 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2024-70, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 26, 2024, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of 3
Part of Document No. 12543-1, -2, -4
_______________ , California
, 20________
____________________________________
____________________________________
Grantor PROJECT: 0513000026
THIS DOCUMENT NO. 12543-1, in the form of a HIGHWAY EASEMENT DEED consisting of approximately 298 square feet, covering the property particularly described in the above instrument, and Parcels 12543-2 & -12543-4 in the form of TEMPORARY CONSTRUCTION EASEMENTS (TCE) consisting of approximately 58 & 41 square feet, respectively, covering the property particularly described in Clause 4 below, has been executed and delivered to KEVIN THORNE, 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. 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.

2. The State shall pay the undersigned Grantor(s) the sum of $11,990.00 for the HIGHWAY EASEMENT and TEMPORARY CONSTRUCTION EASEMENTS.
(A) INCENTIVE PAYMENT: It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above includes the sum of $1,090.00 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 (Expiration date: November 27, 2024). (B) IMPROVEMENTS: The above sum includes compensation for 40 linear feet of wooden fence and a metal gate with posts.
(C) State shall pay all escrow, notary, and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged.

3. The HIGHWAY EASEMENT for Parcel 12543-1 is approximately 298 square feet and the TEMPORARY CONSTRUCTION EASEMENTS for Parcels 12543-2 and 12543-4 are approximately 58 & 41 square feet, respectively, on Assessor’s Parcel Numbers 115- 113-001 & 115-101-001, located at 836 & 848 Guadalupe St, Guadalupe, CA 93434.

4. Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within that certain area of APNs 115-113-001 & 115-101-001 District County Route Post Mile Exp Auth
05 SB 01 49.99 1E030
EXHIBIT 1
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 3
Part of Document No. 12543-1, -2, -4
shown outlined in color and labeled Parcels 12543-1, -2, -4 on the maps marked Exhibit "A" attached hereto and made a part hereof for the purpose of providing work space for form setting to construct ADA compliant sidewalk.

5. It is understood and agreed that included in the amount payable in Clause 2 above is compensation in full for the actual possession and use of the HIGHWAY EASEMENT and TEMPORARY CONSTRUCTION EASEMENTS identified as Parcels 12543-1, 12543-2, and 12543-4 respectively. The 58 & 41 square foot TEMPORARY CONSTRUCTION EASEMENTS are for a period of 2.9 years, commencing on May 1, 2025, and terminating on March 9, 2028.

These TEMPORARY CONSTRUCTION EASEMENTS may also be terminated prior to the above date by the Grantee upon written notice to the Grantor(s).

6. The undersigned Grantor(s) warrant(s) that they are the owner(s) in fee simple of the property affected by the HIGHWAY EASEMENT and TEMPORARY CONSTRUCTION EASEMENTS as described in Clauses 3 and 4 above and that they have the exclusive right to grant these easements.

7. 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.

8. The State agrees to indemnify and hold harmless the Grantor(s) from any liability arising out of the State’s operations under this agreement. The State further agrees to assume responsibility for any damages proximately caused by reason of the State’s operation under this agreement and the State will, at its option, either repair or pay for such damage.

9. It is agreed and confirmed by the parties hereto 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, commences on May 1, 2025 and that the amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

10. Verbal communication with the Grantor shall be made with Grantor’s point of contact at: ______________________________. (Grantor’s contact number)

11. This transaction will be handled through an Internal escrow by the State of California, Department of Transportation, District office, 50 Higuera Street, San Luis Obispo, CA 93401-5415.

STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 3
Part of Document No. 12543-1, -2, -4

12. 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.

13. 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.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

BY: City of Guadalupe, a California municipal corporation __________________________________
Ariston Julian Date
Mayor of the City of Guadalupe
RECOMMENDED FOR APPROVAL:

By_______________________________

KEVIN THORNE
Associate Right of Way Agent
ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By_______________________________
PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

APPRAISAL MAP
EXHIBIT "A"
Recording Requested by and
After Recording Return to:

Department of Transportation-RW
50 Higuera Street
San Luis Obispo, CA 93401-5415

STATE BUSINESS--FREE
This document presented for recording pursuant to Govt.

Code Section 27383
Required by the State of California for Highway Project Document Transfer Tax: No Tax Due (R&T Code 11922)

CALIFORNIA DEPARTMENT OF TRANSPORTATION
By _____________________________________
Signature of Declarant, Kelly Codorniz
Transfer to Public Entity
Space above this line for Recorder’s Use
PORTION of APN: 115-113-001, 115-101-001
EASEMENT DEED District County Route Postmile Number

HIGHWAY
05 SB 1 49.99 12543-1
City of Guadalupe, a California municipal corporation,
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 Guadalupe, County of Santa Barbara, State of California, described as follows:

See Exhibit A, attached.

EXHIBIT 2
Number
12543-1
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.

City of Guadalupe, a California municipal corporation:

Dated:

Ariston Julian
Mayor, City of Guadalupe
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 Anthony F. Tavares
Certificate of Acceptance
Required for Easement
Deeds
Director of Transportation
By
Attorney in Fact
Patrick Mason, Chief
San Luis Obispo Acquisition Branch
Right of Way
Number
12543-1
Exhibit “A” Page 1 of 2
Parcel 12543-1
All that portion of land conveyed to the City of Guadalupe, described in the deed recorded July 26, 2018, as Document Numbers 2018-0031415 and 2018-0031416 in Official Records of Santa Barbara County, State of California, lying westerly of the following described line:

COMMENCING at “State Highway Route 1” Engineers’ Station 47+79.80 as said center line is shown on the map of the SURVEY ENGINEER’S CENTERLINE OF A PORTION OF STATE ROUTE 1 AND STATE ROUTE 166, filed in State Highway Map Book 9, Pages 61 to 66, inclusive, in the Office of the Recorder of said County; THENCE (1) South 87°57’45’’ East, 39.45 feet to the point distant 39.45 feet easterly and perpendicular to said center line at Engineer’s Station 47+79.80, and the POINT OF BEGINNING.

THENCE (2) North 02°20'21" East, 232.00 feet to the point distant 40.67 feet easterly and perpendicular to said center line at Engineer’s Station 50+11.80; THENCE (3) North 02°02'17" East, 35.55 feet to the point distant 40.67 feet easterly and perpendicular to said center line at Engineer’s Station 50+47.34 THENCE (4) North 87°57'45" West, 2.00 feet to the point distant 38.67 feet easterly and perpendicular to said center line at Engineer’s Station 50+47.34 THENCE (5) North 02°02'15" East, 13.42 feet to the point distant 38.67 feet easterly and perpendicular to said center line at Engineer’s Station 50+60.76 THENCE (6) South 87°57'45" East, 2.57 feet to the point distant 41.24 feet easterly and perpendicular to said center line at Engineer’s Station 50+60.76 THENCE (7) North 02°02'15" East, 153.32 feet to the point distant 41.24 feet easterly and perpendicular to said center line at Engineer’s Station 52+14.08 THENCE (8) North 61°23'51" West, 19.58 feet to the point distant 22.10 feet easterly and perpendicular to said center line at Engineer’s Station 52+33.79 EXCEPTING THEREFROM that portion of land conveyed to the City of Guadalupe per the recorded deed in Book 862 at Page 142 on July 7,1949, in of Official Records of said County, for street purposes, now known as Olivera Street END OF PARCEL 12543-1 DESCRIPTION
Number
12543-1
Exhibit “A” Page 2 of 2
The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 5. Multiply by 0.9999312076 to obtain ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.

Signature
Date September 12, 2023

ACKNOWLEDGMENT
State of California
County of _____________________________)
On _____________________

____ before me, _________________________________________ (insert name and title of the officer)
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)
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  DEPARTMENT OF TRANSPORTATION EXHIBIT PERMIT TO ENTER AND CONSTRUCT 8-EX-27 (REV 9/2021)

Page 1 of 2 ends

Date:
5 SB 01 49.99
Dist Co Rte Post
12543-3 05-1E030
Parcel No. Exp Auth
Mr. Scott Eades
District Director of Transportation
State of California
Department of Transportation
50 Higuera Street
San Luis Obispo, CA 93401
Dear Mr. Eades,
Permission is hereby granted the State, or its authorized agent, to enter upon my property as shown as Parcel 12543-3 on the attached map for purposes of conforming the existing property elevation and surfaces to the project improvements.

Furthermore, the State agrees to assume responsibility for any damages caused by reason of State’s operations under this agreement and will, at State’s option, either repair or pay for such damage.

This permission shall terminate upon completion of the project known as the “Guadalupe ADA 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.

The parties to this permit to enter and construct shall, pursuant to 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. Parts 21 and 28 C.F.R. Section 50.3.

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 permit to enter and construct.

EXHIBIT 3

EXHIBIT
PERMIT TO ENTER AND CONSTRUCT (Cont.) 8-EX-27 (REV 9/2021)

Page 2 of 2 ends

The undersigned grantor(s) warrants that he/she/they is/are the owner(s) in fee simple of the property affected by this Permit to Enter and Construct or he/she/they has/have the exclusive right to grant this Permit to Enter and Construct.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

GRANTOR: City of Guadalupe, a California municipal corporation __________________________________
Ariston Julian Date
Mayor, City of Guadalupe
RECOMMENDED FOR APPROVAL:

ACCEPTED:

STATE OF CALIFORNIA
By DEPARTMENT OF TRANSPORTATION

KEVIN THORNE
Associate Right of Way Agent
By
By

MARSHALL GARCIA
Deputy District Director

PATRICK MASON
Chief, Acquisition Branch
Right of Way – District 5

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

APPRAISAL MAP
EXHIBIT "A"
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of 3
Part of Document No. 12551-1
_______________ , California
, 20________
____________________________________
____________________________________
Grantor PROJECT: 0513000026
THIS DOCUMENT NO. 12551-1, in the form of a TEMPORARY CONSTRUCTION EASEMENT consisting of approximately 170 SQ FT, covering the property particularly described in Clause 3 below, has been executed and delivered to KEVIN THORNE, 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:

2. The State shall pay the undersigned Grantor(s) the sum of $1,700.00 for this TEMPORARY CONSTRUCTION EASEMENT.
(A) INCENTIVE PAYMENT: It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above includes the sum of $1,000.00 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 (Expiration date: November 27, 2024). (B) IMPROVEMENTS: The above sum includes compensation for nine 1-5 gallon shrubs.
(C) State shall pay all escrow, notary, and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged.

3. This TEMPORARY CONSTRUCTION EASEMENT for Parcel 12551-1 is approximately 170 square feet, on Assessor’s Parcel Number 115-010-019, located at 330 Guadalupe St, Guadalupe, CA 93434.

4. Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within that certain area of APN 115-010-019 shown outlined in color and labeled Parcel 12551-1 on the map marked Exhibit "A" attached hereto and made a part hereof for the purpose of providing work space for form setting to construct ADA compliant sidewalk.

District County Route Post Mile Exp Auth
05 SB 01 49.55 1E030
EXHIBIT 4
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 3
Part of Document No. 12551-1

5. It is understood and agreed that included in the amount payable in Clause 2 above is compensation in full for the actual possession and use of the 170 square foot TEMPORARY CONSTRUCTION EASEMENT identified for a period of 2.9 years, commencing on May 1, 2025, and terminating on March 9, 2028.

This TEMPORARY CONSTRUCTION EASEMENT may also be terminated prior to the above date by the Grantee upon written notice to the Grantor(s).

6. The undersigned Grantor(s) warrant(s) that they are the owner(s) in fee simple of the property affected by this TEMPORARY CONSTRUCTION EASEMENT as described in Clauses 3 and 4 above and that they have the exclusive right to grant this TEMPORARY CONSTRUCTION EASEMENT.

10. Verbal communication with the Grantor shall be made with Grantor’s point of contact at: ______________________________. (Grantor’s contact number)

11. This transaction will be handled through an Internal escrow by the State of California, Department of Transportation, District office, 50 Higuera Street, San Luis Obispo, CA 93401-5415.

STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 3
Part of Document No. 12551-1

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

BY: City of Guadalupe, a California municipal corporation __________________________________
Ariston Julian Date
Mayor of the City of Guadalupe
RECOMMENDED FOR APPROVAL:

By_______________________________

KEVIN THORNE
Associate Right of Way Agent
ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By_______________________________
PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

APPRAISAL MAP
EXHIBIT "A"
STATE OF CALIFORNIA  DEPARTMENT OF TRANSPORTATION EXHIBIT PERMIT TO ENTER AND CONSTRUCT 8-EX-27 (REV 9/2021)

Page 1 of 2 ends

Date:
5 SB 01 49.55
Dist Co Rte Post
12551-2 05-1E030
Parcel No. Exp Auth
Mr. Scott Eades
District Director of Transportation
State of California
Department of Transportation
50 Higuera Street
San Luis Obispo, CA 93401
Dear Mr. Eades,
Permission is hereby granted the State, or its authorized agent, to enter upon my property as shown as Parcel 12551-2 on the attached map for purposes of conforming the existing property elevation and surfaces to the project improvements.

This permission shall terminate upon completion of the project known as the “Guadalupe ADA Project”.

EXHIBIT 5

EXHIBIT
PERMIT TO ENTER AND CONSTRUCT (Cont.) 8-EX-27 (REV 9/2021)

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

GRANTOR: City of Guadalupe, a California municipal corporation __________________________________
Ariston Julian Date
Mayor, City of Guadalupe
RECOMMENDED FOR APPROVAL:

ACCEPTED:

STATE OF CALIFORNIA
By DEPARTMENT OF TRANSPORTATION

KEVIN THORNE
Associate Right of Way Agent
By
By

MARSHALL GARCIA
Deputy District Director

PATRICK MASON
Chief, Acquisition Branch
Right of Way – District 5

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

APPRAISAL MAP
EXHIBIT "A"
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of 4
Part of Document No. 12541-1
__________________________, California
_________________________, 20________
____________________________________
____________________________________
Grantor PROJECT: 0513000026
THIS DOCUMENT NO. 12541-1 in the form of a TEMPORARY CONSTRUCTION EASEMENT consisting of approximately 143 SQ FT covering the property particularly described in Clause 4 below, has been executed and delivered to JILLIAN ASHBY, 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:

2. The State shall pay the undersigned Grantor the sum of $1,900.00 for this TEMPORARY CONSTRUCTION EASEMENT.
(A) INCENTIVE PAYMENT: It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above includes the sum of $1,000.00 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 (Expiration date: DECEMBER 9, 2024). (B) State shall pay all escrow, notary, and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged.

3. This TEMPORARY CONSTRUCTION EASEMENT for Parcel 12541-1 is approximately 143 square feet on Assessor’s Parcel Number 115-101-016, located at 884 Guadalupe Street, Guadalupe, CA 93434.

4. Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within that certain area of APN 115-101-016 shown outlined in color and labeled Parcel 12541-1 on the map marked Exhibit "A" attached hereto and made a part hereof for the purpose of constructing an ADA compliant curb ramp and sidewalk.

District County Route Post Mile Exp Auth
05 SB 1 50.04 1E030
EXHIBIT 6
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
Part of Document No. 12541-1

5. It is understood and agreed that included in the amount payable in Clause 2 above is compensation in full for the actual possession and use of the TEMPORARY CONSTRUCTION EASEMENT identified as Parcel 12541-1 for a period of 2.9 years, commencing on May 1, 2025, and terminating on March 9, 2028.

This Easement may also be terminated prior to the above date by the Grantee upon written notice to the Grantor.

6. The undersigned Grantor warrants that they are the owner in fee simple of the property affected by this TEMPORARY CONSTRUCTION EASEMENT as described in Clause 4 above and that they have the exclusive right to grant this Easement.

8. The State agrees to indemnify and hold harmless the Grantor from any liability arising out of the State’s operations under this agreement. The State further agrees to assume responsibility for any damages proximately caused by reason of the State’s operation under this agreement and the State will, at its option, either repair or pay for such damage.

9. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, that the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, commences on May 1, 2025 and that the amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

10. Verbal communication with the Grantor shall be made with Grantor’s point of contact at: ______________________________. (Grantor’s contact number)

11. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District Office, 50 Higuera Street, San Luis Obispo, CA 93401-5415.

STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
Part of Document No. 12541-1

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
______________________________________________________________________________

THE CITY OF GUADALUPE DATE

ARISTON JULIAN, MAYOR

RECOMMENDED FOR APPROVAL:

By_______________________________

JILLIAN ASHBY
Right of Way Agent
ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By_______________________________
PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
STATE OF CALIFORNIA * CALIFORNIA STATE TRANSPORTATION AGENCY

PERMIT TO ENTER AND CONSTRUCT
_________________________________________________________________________________________ Date: _______________
Scott Eades, District Director of Transportation PROJECT: 0513000026 State of California
Department of Transportation
50 Higuera Street
San Luis Obispo, CA 93401-5415
Dear Mr. Eades:

Permission is hereby granted to the State, or its authorized agents, to enter upon my property as shown on the attached map for purposes of conforming the project sidewalk improvements to the existing property elevation and surface.

This permission is granted in consideration of the benefits, which may accrue to the property. This permission is granted with the understanding that the State agrees to release the owner from any liability arising out of the State’s operations under this agreement. Furthermore, the State agrees to assume responsibility for any damages caused by reason of State’s operations under this agreement and will, at State’s option, either repair or pay for such damage.

This permission shall terminate upon completion of the project known as the “Guadalupe ADA Project”.

The parties to this Permit to Enter and Construct 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.

The undersigned grantor warrants that they are the owner in fee simple of the property affected by this Permit to Enter and Construct or they have the exclusive right to grant this Permit to Enter and Construct.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

GRANTOR: THE CITY OF GUADALUPE
_______________________________

THE CITY OF GUADALUPE

ARISTON JULIAN, MAYOR
05 SB 1 50.04 12541-2, -3 1E030 The City of Guadalupe
Dist Co Rte Post Mile Parcel No. Exp. Auth. Grantor(s)
EXHIBIT 7

ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

RECOMMENDED FOR APPROVAL:

JILLIAN ASHBY
Right of Way Agent

ACCEPTED:

STATE OF CALIFORNIA
Department of Transportation

PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

MARSHALL GARCIA
Deputy District Director, Right of Way
Caltrans District 5

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of 4
Part of Document No. 12524-1
__________________________, California
_________________________, 20________
____________________________________
____________________________________
Grantor PROJECT: 0513000026
THIS DOCUMENT NO. 12524-1 in the form of a TEMPORARY CONSTRUCTION EASEMENT consisting of approximately 54 SQ FT covering the property particularly described in Clause 4 below, has been executed and delivered to JILLIAN ASHBY, 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:

2. The State shall pay the undersigned Grantor the sum of $1,500.00 for this TEMPORARY CONSTRUCTION EASEMENT.
(A) INCENTIVE PAYMENT: It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above includes the sum of $1,000.00 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 (Expiration date: DECEMBER 9, 2024). (B) State shall pay all escrow, notary, and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged.

3. This TEMPORARY CONSTRUCTION EASEMENT for Parcel 12524-1 is approximately 54 square feet on Assessor’s Parcel Number 115-071-001, located at 4646 10th Street, Guadalupe, CA 93434.

4. Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within that certain area of APN 115-071-001 shown outlined in color and labeled Parcel 12524-1 on the map marked Exhibit "A" attached hereto and made a part hereof for the purpose of constructing an ADA compliant curb ramp and sidewalk.

District County Route Post Mile Exp Auth
05 SB 1 50.09 1E030
EXHIBIT 8
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
Part of Document No. 12524-1

5. It is understood and agreed that included in the amount payable in Clause 2 above is compensation in full for the actual possession and use of the TEMPORARY CONSTRUCTION EASEMENT identified as Parcel 12524-1 for a period of 2.9 years, commencing on May 1, 2025, and terminating on March 9, 2028.

This Easement may also be terminated prior to the above date by the Grantee upon written notice to the Grantor.

10. Verbal communication with the Grantor shall be made with Grantor’s point of contact at: ______________________________. (Grantor’s contact number)

11. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District Office, 50 Higuera Street, San Luis Obispo, CA 93401-5415.

STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
Part of Document No. 12524-1

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
______________________________________________________________________________

THE CITY OF GUADALUPE COMMUNITY REDEVELOPMENT DATE

ARISTON JULIAN, MAYOR

RECOMMENDED FOR APPROVAL:

By_______________________________

JILLIAN ASHBY
Right of Way Agent
ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By_______________________________
PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
STATE OF CALIFORNIA * CALIFORNIA STATE TRANSPORTATION AGENCY

This permission shall terminate upon completion of the project known as the “Guadalupe ADA Project”.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

GRANTOR: THE CITY OF GUADALUPE COMMUNITY REDEVELOPMENT
_______________________________

THE CITY OF GUADALUPE COMMUNITY REDEVELOPMENT

ARISTON JULIAN, MAYOR
05 SB 1 50.09 12524-2 1E030 The City of Guadalupe Community Redevelopment Dist Co Rte Post Mile Parcel No. Exp. Auth. Grantor(s)
EXHIBIT 9

RECOMMENDED FOR APPROVAL:

JILLIAN ASHBY
Right of Way Agent

ACCEPTED:

STATE OF CALIFORNIA
Department of Transportation

PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

MARSHALL GARCIA
Deputy District Director, Right of Way
Caltrans District 5

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 1 of 4
Part of Document No. 12525-1
__________________________, California
_________________________, 20________
____________________________________
____________________________________
Grantor PROJECT: 0513000026
THIS DOCUMENT NO. 12525-1 in the form of a TEMPORARY CONSTRUCTION EASEMENT consisting of approximately 158 SQ FT covering the property particularly described in Clause 4 below, has been executed and delivered to JILLIAN ASHBY, 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:

2. The State shall pay the undersigned Grantor the sum of $2,350.00 for this TEMPORARY CONSTRUCTION EASEMENT.
(A) INCENTIVE PAYMENT: It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above includes the sum of $1,000.00 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 (Expiration date: DECEMBER 17, 2024). (B) IMPROVEMENTS: The amount payable under Clause 2 above also includes, but is not limited to, landscaping.
(C) State shall pay all escrow, notary, and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged.

3. This TEMPORARY CONSTRUCTION EASEMENT for Parcel 12525-1 is approximately 158 square feet on Assessor’s Parcel Number 115-051-007, located at 1025 Guadalupe Street, Guadalupe, CA 93434.

4. Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within that certain area of APN 115-051-007 shown outlined in color and labeled Parcel 12525-1 on the map marked Exhibit "A" attached hereto and District County Route Post Mile Exp Auth
05 SB 1 50.09 1E030
EXHIBIT 10
STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
Part of Document No. 12525-1
made a part hereof for the purpose of constructing an ADA compliant curb ramp and sidewalk.

5. It is understood and agreed that included in the amount payable in Clause 2 above is compensation in full for the actual possession and use of the TEMPORARY CONSTRUCTION EASEMENT identified as Parcel 12525-1 for a period of 2.9 years, commencing on May 1, 2025, and terminating on March 9, 2028.

This Easement may also be terminated prior to the above date by the Grantee upon written notice to the Grantor.

10. Verbal communication with the Grantor shall be made with Grantor’s point of contact at: ______________________________.
(Grantor’s contact number)

11. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District Office, 50 Higuera Street, San Luis Obispo, CA 93401-5415.

12. 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 STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
Part of Document No. 12525-1
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.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
______________________________________________________________________________

THE CITY OF GUADALUPE DATE

ARISTON JULIAN, MAYOR

RECOMMENDED FOR APPROVAL:

By_______________________________

JILLIAN ASHBY
Right of Way Agent
ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By_______________________________
PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
STATE OF CALIFORNIA * CALIFORNIA STATE TRANSPORTATION AGENCY

This permission shall terminate upon completion of the project known as the “Guadalupe ADA Project”.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.

GRANTOR: THE CITY OF GUADALUPE
_______________________________

THE CITY OF GUADALUPE

ARISTON JULIAN, MAYOR
05 SB 1 50.09 12525-2 1E030 The City of Guadalupe
Dist Co Rte Post Mile Parcel No. Exp. Auth. Grantor(s)
EXHIBIT 11

RECOMMENDED FOR APPROVAL:

JILLIAN ASHBY
Right of Way Agent

ACCEPTED:

STATE OF CALIFORNIA
Department of Transportation

PATRICK MASON, Chief
San Luis Obispo Acquisition Branch
Right of Way

MARSHALL GARCIA
Deputy District Director, Right of Way
Caltrans District 5

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

APPRAISAL MAP
Exhibit A
EXHIBIT 12

1
Subject Parcel facing east from Guadalupe St. (Photo by M. Linder 4/22/2024) Front entrance facing north from Guadalupe St (Photo by M. Linder 4/22/2024) ATTACHMENT 3
1

SUBJECT PROPERTY
Required RW along Guadalupe St facing south (Photo by M. Linder 4/22/2024) Required RW with wooden fence and gate facing north (Photo by M. Linder 4/22/2024) Required Right of Way
Required Right of Way
DETAIL “C”
ATTACHMENT 4
ATTACHMENT 5

ATTACHMENT 7
Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 26, 2024
__________________________________________
Prepared by:

Sylvia Estrada, Human Resources Manager
SUBJECT: Authorizing a New Employment Agreement between the City of Guadalupe and Todd Bodem as City Administrator
RECOMMENDATION:

It is recommended the Council adopt Resolution No. 2024-71 approving a new employment agreement with Todd Bodem as City Administrator and authorizing the Mayor to sign the agreement on behalf of the City.

BACKGROUND:

The City Council approved an employment agreement with Todd Bodem as the City Administrator at its meeting on November 12, 2024. This agreement was for a three-year period from November 12, 2024, through October 31, 2027.

As required by this agreement, the City Council informed Mr. Bodem after June 30, 2024, of its intention to enter into a new employment agreement with him. The alternative was to inform him at that time if the agreement would not be extended. The negotiations for this new agreement concluded after Mr. Bodem accepted the terms of the City Council’s proposal approved at the conclusion of a closed session on this matter held at the Council meeting on November 12, 2024.

DISCUSSION:

A copy of the new employment agreement between the City and Mr. Bodem is attached as Exhibit 1 to the Resolution for this item (attached hereto as Attachment 1). The agreement is based on the same terms as the prior agreement, with the following changes:
• A term of three (3) years from November 12, 2024, through October 31, 2027. • Base salary will be $170,744.12, effective 11/2/24. A six percent (6%) salary increase may be granted on or after November 1, 2025, and a six (6%) salary increase on or after November 1, 2026, if he receives a “satisfactory” performance evaluation from the City Council.

Sylvia Estrada
• In addition to the standard City contribution, if health care premiums increase during the term of this contract, the City will contribute up to a maximum of 10% of the increase toward the employees’ out-of-pocket costs.

FISCAL IMPACT:
• The initial salary increase results in a cost savings of $3,938.80 for the current budget.

The cost in the second year will increase by up to $13,918.78, and in the third year, it will increase by up to $14,846.22.

ATTACHMENTS

1. Resolution No. 2024-71

2. Employment Agreement

Page 1 of 2 ends

RESOLUTION NO. 2024-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING A NEW EMPLOYMENT

AGREEMENT WITH TODD BODEM AS CITY ADMINISTRATOR AND AUTHORIZING THE MAYOR TO

SIGN THE AGREEMENT ON BEHALF OF THE CITY OF GUADALUPE
WHEREAS, Todd Bodem was re-appointed by the City Council to serve as its City Administrator at the Council’s meeting on November 8, 2022, and approved an employment agreement with Mr. Bodem for a term beginning on November 1, 2022, and ending on October 31, 2024; and WHEREAS, pursuant to the terms of that agreement, the City Council previously informed Mr. Bodem in or around June 2024 that it intended to enter into a new employment agreement with him; and WHEREAS, the City Council and Mr. Bodem negotiated the terms for a new employment agreement, which negotiations concluded after Mr. Bodem accepted the terms of the City Council’s offer reached at the conclusion of its closed session discussion held on November 12, 2024; and WHEREAS, Mr. Bodem and the City Council desire to formally enter into a new employment agreement based upon these terms.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. The City Council hereby approves the terms of the employment agreement between the City of Guadalupe and Mr. Todd Bodem as City Administrator which is attached hereto as Exhibit 1.

SECTION 2. The City Council hereby authorizes the Mayor to sign the employment agreement on behalf of the City of Guadalupe.

SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.

In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 26th day of November 2024, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

Page 2 of 2 ends

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2024-71, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 26, 2024, and that same was approved and adopted.

ATTEST:
___________________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
____________________________________
Philip F. Sinco, City Attorney

EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF GUADALUPE
&

TODD BODEM
ATTACHMENT 2
EXHIBIT 1
Employment Agreement Between City of Guadalupe and Todd Bodem

Page 1 of 7 ends

This Agreement is made and entered into this 12th day of November of 2024 by and between the City of Guadalupe, a municipal corporation, (hereinafter called “Employer” of “City” and Todd Bodem, (hereinafter called “Employee”) an individual, both of whom agree as follows:

Section 1: Term:

The term of this agreement shall be for a period of three (3) years, from November 12, 2024 to and including October 31, 2027. Not later than June 30, 2027, Council shall either inform Employee of its intention to negotiate an extension to this agreement or vote to not extend this agreement. Notwithstanding the term of the agreement, Employee acknowledges that this position with the City is an “at-will” position, and Employer need not provide advance notification, sufficient or just cause, or a right of appeal from a decision to terminate Employee. Employee shall be entitled to only such benefits upon termination as are explicitly set forth in this Agreement. Employee is exempt from City's Personnel System and holds no property right in his employment with the City.

Employee agrees that no representative of City has made or can make any promises, statements, or representations which state or imply that Employee is hired or retained under any terms other than at-will and with exemption from City's Personnel System, as set forth above. Employee agrees that no agreement can impliedly arise that Employee is employed under any terms other than at-will and with exemption from City's Personnel System, as set forth above. Employee's status as at-will and exemption from City's Personnel System may only be changed, revoked, amended, or superseded by a written document, signed by Employee and the Mayor following approval by the City Council.

Section 2: Duties and Authority
Employer agrees to employ Employee as City Administrator to perform the functions and duties specified for that position under the California Government Code and Guadalupe Municipal Code Chapter 2.04 and to perform other legally permissible and proper duties and functions. Employee agrees to devote all of his business time, skill, attention, and best efforts to the discharge of the duties and responsibilities assigned to him by the City Council during the term of his employment.

Section 3: Compensation
A. During the term of this Agreement, Employer agrees to pay Employee an annual base salary of one hundred seventy thousand seven hundred fourty four and 12/100 Dollars ($170,744.12) effective 11/2/24, payable in installments at the time that other management employees of the employees of the Employer are paid, less any applicable Employment Agreement Between City of Guadalupe and Todd Bodem

Page 2 of 7 ends

deductions required for taxes or other legally required amounts. During the term of this Agreement, should any employee of the City receive a cost of living or other increase in the base salary that equals or exceeds Employee’s base salary set forth in this paragraph, Employer agrees to increase Employee’s base salary to three percent (3%) more than the base salary of the next-highest paid employee of the City. For purposes of this section, “base salary” shall not include those amounts paid to employees for overtime payment.

B. Employee shall receive a six percent (6%) increase on or after November 1, 2025, for the second year of the term of this agreement, and a six percent (6%) increase on or after November 1, 2026, for the third year, provided that Employee receives a “satisfactory” performance evaluation by the Council.

C. Employee shall be entitled to participate in a deferred compensation program pursuant to IRS Code Section 9457(b) administered by Mass Mutual. Should Employee choose to particiapte in this program, the City will not contribute any additional funds to Employee aside from the compensation stated above in Section A.

Section 4: Health Insurance Benefits
A. The Employer agrees to provide and to pay the premiums for insurance programs for the Employee and his dependents equal to those provided to other non-safety department heads of the City of Guadalupe. If the City’s health insurance premium cost increases, the City will increase its standard contribution up to a maximum of 10% toward the employee’s out-of-pocket share of the premium for the duration of this contract. In the event Employee does not wish to enroll in such insurance programs, Employee may elect to receive the cash equivalent of such benefits.

B. The Employer agrees to provide and pay the premiums for term life insurance in the amount of $105,000 on Employee’s life, the beneficiary of which shall be selected by Employee. With respect to this insurance benefit only, Employee may not elect to receive the cash equivalent of such benefit.

Section 5: Vacation, Sick, Administrative and Holiday Leave Employee shall be credited with vacation, holiday and sick leave in an amount equal to that of other non-safety employees of the City of equal tenure. A vacation accrual cap of 240 hours shall apply – Employee will not earn additional vacation hours in excess of that cap. Employee shall be credited with 80 hours of administrative leave each calendar year of this Agreement. Administrative leave shall be replenished annually on January 1 but unused leave shall not be cashed out at the end of each calendar year, contract year, or upon termination or separation from the City. In addition, should Employee resigned Employment Agreement Between City of Guadalupe and Todd Bodem

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from his employment as provided in Section 10 of this Agreement, administrative leave shall be prorated from January 1 of such year Employee resigns and Employee’s final day of employment (at 20 hours per month) and if Employee has used more administrative leave than the prorated amount, such excess will be withheld from Employee’s final paycheck.

Section 6: Retirement
The Employer agrees to enroll the Employee into the applicable State PERS retirement system or plan using the 2% @ 62 base formula. The Employer agrees to make the appropriate Employer contributions on the Employee’s behalf as required by PERS and approved by Council. Employee shall pay the full employee member contribution.

Section 7: General Business Expenses
A. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed receipts, pursuant to the City’s Travel and Expense Reimbursement Policy.

B. The Employer acknowledges the value of Employee being immediately accessible to Council members and staff via electronic mail and mobile telephone at all hours, whether Employee is present at City Hall or not. As such, the Employer has provided a mobile telephone phone for his duties for Employer.

C. Employer shall budget for and pay reasonable professional dues, subscriptions, and expenses related to annual conference attendance and occasional training seminars, on behalf of Employee for purposes of allowing his continued and full participation in direct job-related professional organizations for the good of the City at the national, regional, state, and local levels, up to a maximum cost of $2,500 annually. Such organizations shall include membership in the International City/County Manager’s Association and the California League of Cities. Employee will be expected to provide reasonable notice to the City of any planned absences to attend such activities.

D. City shall make available to Employee a City vehicle for his use on City business. Inaddition, City shall provide Employee a monthly payment of $150.00 as an automobile allowance stipend to compensate him for the use of his personal vehicle when a City vehicle is unavailable for Employee’s use for Employment Agreement Between City of Guadalupe and Todd Bodem

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City business or when Employee elects to use his personal vehicle on City business..

Section 8: Termination
A. For the purpose of this agreement, termination shall occur when at least three (3) out of five (5) members of the City Council vote to terminate the Employee at a duly authorized public meeting, when Employee is otherwise ready, willing and able to perform the duties of his position.

B. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, with or without a reasonable accommodation, for a period of four (4) successive weeks beyond any accumulated leave, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 9.

C. If the Employer reduces the base salary, compensation or any other financial benefit of the employee in a percentage greater than the average reduction applicable to all department heads, Employee shall have the right to declare that such reduction constitutes termination entitling Employee to severance under Section 9.

D. If the Employee resigns following an offer by Employer to accept resignation, or following a suggestion by Employer to resign, whether formal or informal, then the Employee shall have the right to declare such resignation a termination under this Agreement.

E. If Employee is terminated for cause, Employee will not be entitled to severance pay as provided in Section 9. Cause for termination shall include, but not be limited to: insubordination (defined as direction given to Employee by at least three (3) out of (5) City Councilmembers that is not followed), unethical conduct (as defined under the Political Reform Act), commitment of a criminal act, dereliction of duties as specified in Section 2 of the Agreement, and malfeasance.

Section 9: Severance
A. Except as set forth in subsection E. above, and under Government Code Section 53260, if the Employee is terminated under Section 8, the Employer shall provide a severance payment equal to six (6) months base salary at the current rate of pay and health insurance benefits at the employee-only level.

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The severance shall be paid in a lump sum. Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.2, regardless of the term of this Agreement, if the Agreement is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to City if Employee is subsequently convicted of a crime involving an abuse of his office or position.

B. Whether or not the City is required to pay a severance payment to Employee on termination of Employee, Employee shall be paid for all accrued and unused vacation leave to date of termination then payable under the terms of this Agreement. No payment shall be made upon termination or separation from the City for accrued and unused sick or administrative leave.

C. Employee shall not be entitled to the severance payment set forth in subsection A in the event he is terminated following a conviction of a felony, or of a misdemeanor involving abuse of office or position by Employee, as that term is defined in Government Code Section 53243.4.

D. This Section in no way changes or modifies Employee's status as an at-will employee.

Section 10: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of sixty (60) days notice unless the parties agree otherwise. If Employee voluntarily resigns his position with the Employer, Employee shall not be entitled to the severance payment set forth in Section 9.

Section 11: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, including but not limited to City Council and other meetings occurring during evening and night hours, and on days when City Hall is closed to the public. Employer is retaining Employee to perform the duties of City Administrator, and not for any particular working hours or schedule. Employee shall be entitled to no additional compensation for hours worked outside the Employer’s normal office hours.

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Section 12: Indemnification
A. Employer shall provide Employee defense and indemnification as set forth in Part 7, Division 3.6, Title 1 of the Government Code, specifically Government Code Sections 995 et seq.

B. Employee recognizes that Employer shall have the right to compromise and settle all actions or proceedings in which Employer is providing Employee a defense, even if Employee objects to such compromise or settlement.

Section 13: Other Terms and Conditions of Employment
A. The Employer shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Guadalupe municipal code or any other California law.

B. Employer shall review Employee’s job performance not less frequently than annually during the month of October of each year unless the parties agree otherwise. Interim reviews may be scheduled at any time upon direction of the City Council, with such notice as is required by law. The annual performance reviews and evaluations shall be in writing and in accordance with criteria and format developed jointly by Employer and Employee. Employer shall provide Employee a reasonable and adequate opportunity to discuss Employee's evaluation with the Employer. The annual performance reviews and evaluations shall be reasonably related to the Employee's duties under Chapter 2.04 of the Municipal Code and shall be based, in whole or in part, on goals for Employee's performance that are jointly developed and adopted by the Employer and Employee.

Section 14: General Provisions
A. Effective Date: This Agreement shall become effective on approval by the City Council at a regular meeting.

B. Arbitration: Any and all controversies or claims arising out of or relating to Employee's employment with City or the termination of Employee's employment with City shall be settled by binding arbitration in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.

C. Severability: The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that Employment Agreement Between City of Guadalupe and Todd Bodem

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any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.

D. Miscellaneous: Employee's duties and obligations under this Agreement are personal and not assignable. The Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. Paragraph headings used in this Agreement are for convenience only and shall not be considered part of the terms of the Agreement. No interpretation or construction of any provision or provisions of this Agreement will be influenced by the identity of the party drafting the Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of California.

E. Integration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee related to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement.

CITY OF GUADALUPE
(“EMPLOYER”)
By:______________________________
Ariston Julian, Mayor

TODD BODEM
(“EMPLOYEE”)
By:______________________________
Todd Bodem

Guadalupe City CouncilNovember 26, 2024

Guadalupe City Council
November 26, 2024