RESOLUTION NO. 24-007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL DOCUMENTS
NECESSARY TO TRANSFER CERTAIN REAL PROPERTY IDENTIFIED AS YUBA COUNTY ASSESSOR PARCEL NOS. 010-156-005 AND 010-156-006 (426 J STREET AND 1000 5™H
STREET, MARYSVILLE, CA) FROM YUBA CITY TO MARYSVILLE
WHEREAS, On June 21, 2016, the Cities of Marysville and Yuba City entered into a Cooperative Agreement (Exhibit A) authorizing Yuba City to be the Lead Agency for the 5th Street Bridge Replacement Project (Project) within Marysville City Limits; and WHEREAS, Section 3 of the terms of the Cooperative Agreement authorized Yuba City to exercise its powers of eminent domain to acquire property located within the City of Marysville as necessary to complete the Project; and
WHEREAS, Section 4 of the terms of the Cooperative Agreement required that title to such property be in Yuba City's name until such time that both Cities agree that it is appropriate for Yuba City to quitclaim such property to Marysville; and WHEREAS, on September 6, 2016, Yuba City conducted a Public Hearing and adopted Resolution No. 16-057 determining that the public interest and necessity required the acquisition and condemnation of certain real property located at 426J Street and 1000 5' Street, Marysville, California (Yuba County APN 010-156-005 and 010-156-006, respectively) for the purposes of the Project; and
WHEREAS, the final order of condemnation for said real properties was filed by Yuba County Superior Court on December 12, 2017 with the property officially vesting in the City of Yuba City on December 22, 2017 (Document 2017-016796) (Exhibit B); and WHEREAS, the Cities of Marysville and Yuba City now desire that Yuba City quitclaim said properties to Marysville; and
WHEREAS, Marysville will be responsible for performing all tasks necessary to complete the transfer of said properties outside of Yuba City signature responsibilities; and WHEREAS, since the property was acquired with Regional Surface Transportation Funds awarded to Yuba City by SACOG with no local match funds required due to Toll Credits, the transfer of said properties shall occur at essentially no cost; and WHEREAS, Marysville will be responsible for all costs related to the transfer of said properties outside of Yuba City staff time.
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Council hereby authorizes the Public Works Director to execute all documents necessary to transfer certain real property identified as Yuba County Assessor Parcel Nos. 24-007
010-156-005 & 010-156-006 (426 J St. & 1000 5th St., Marysville, CA) from the City of Yuba City to the City of Marysville.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6 day of February, AYES: Councilmembers Boomgaarden, Harris, Pasquale, Shaw, and Mayor Kirchner NOES: None
ABSENT: None
Shan Hairs
Shon Harris, Mayor
ATTEST:
CuriNakebield INCORPORATED
Ciara Wakefield, Deputy City Clerk JAN 23,
1908
CALIFOR
APPROVED AS TO FORM
COUNSELFOR YUBA CITY:
shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit "A" - Cooperative Agreement
Exhibit "B" - Recorded Final Order of Condemnation
Exhibit "C" - Detailed Site Maps
24-007
EXHIBIT "A"
COOPERATIVE AGREEMENT BY AND BETWEEN
CITY OF MARYSVILLE AND CITY OF YUBA CITY FOR
DESIGN AND CONSTRUCTION OF THE
STH STREET BRIDGE REPLACEMENT PROJECT
THIS AGREEMENT is made and entered into this 21st_ day of June, 2016 ("Effective Date"), by and between the CITY OF MARYSVILLE, a Municipal Corporation, located in the County of Yuba, State of California ( "Marysville"), and the CITY OF YUBA CITY, a Municipal Corporation located in the County of Sutter, State of California ("Yuba City"). In this Agreement, Marysville and Yuba City may each be individually referred to as a "Party" or collectively referred to as the "Parties".
WITNESSETH
WHEREAS, the Parties have previously entered into a "Joint Resolution" between Marysville (Resolution No. 90-13), Yuba City (Resolution No. 90-035), the County of Yuba (Resolution No. 1990-47), and the County of Sutter (Resolution No. 90- 39) in 1990 agreeing to an apportionment of maintenance responsibilities for the 5th Street Bridge, which spans the Feather River between Sutter and Yuba Counties and connects Bridge Street in Yuba City and Fifth Street in Marysville; and WHEREAS, Yuba City is the lead agency for the design and construction of the sth Street Bridge Replacement Project ("Project"), as depicted on Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the Project involves both Marysville and Yuba City because common city boundary lines exists through the intersection of the Project; and WHEREAS, a portion of the overall Project includes improvements located within the city limits of Marysville ("Improvements"); and WHEREAS, Marysville and Yuba City wish to jointly exercise powers related to constructing the Improvements and for Marysville to consent to Yuba City acting as the lead agency in the acquisition of property in connection with the Project and/or Improvements; and
WHEREAS, Marysville and Yuba City wish to define their responsibilities concerning the Project, in general, and the Improvements, in particular.
TERMS
NOW, THEREFORE, Marysville and Yuba City, in consideration of the mutual promises and consideration contained in this Agreement, agree as follows:
1. The above Recitals are true and correct, and are incorporated fully herein by this reference.
Yuba City shall act as lead agency for all phases of the Project, including design, design administration, materials testing, site construction surveys, right of way acquisition, utility relocation, inspection, construction engineering, construction management, and construction of the entire Project.
Both Parties acknowledge and agree that each Party has the broad power of eminent domain over any property within its jurisdiction necessary, incidental, or convenient to the exercise of its powers pursuant to relevant provisions of California law and/or California Government Code section 37350.5. Both Parties also acknowledge and agree that each Party has the specific power to improve, widen, and connect streets pursuant to California Government Code section 40401, as well as the power to jointly acquire, construct, and maintain any bridge pursuant to California Streets & Highways Code section 1394. The Parties further acknowledge and agree that each Party may use the power of eminent domain for accomplishing such actions pursuant to California Government Code section 40404. Both Parties further acknowledge and agree that the power of eminent domain also extends, in certain situations, to extraterritorial properties existing outside of a Party's immediate jurisdiction and that one Party may consent to the other Party's exercise of the power of eminent domain within the other Party's jurisdiction pursuant to California Code of Civil Procedure section 1240.050 and/or an agreement for a joint exercise of powers pursuant to California Code of Civil Procedure section 1240.140. Because the Improvements and other portions of the Project are located within Marysville's jurisdiction, but the Parties have agreed that Yuba City will be the lead agency for the Project and/or the Improvements, Marysville hereby consents to Yuba City's exercise of the power of eminent domain and agrees to the joint exercise of such condemnation powers through Yuba City as may be required to complete the Project and/or the Improvements or to obtain the property necessary for the Project and/or the Improvements pursuant to the provisions of California law above. Yuba City shall be responsible for ensuring its compliance with all applicable state and federal laws relating to its acquisition of any such property on behalf of Marysville, as applicable, including, but not limited to: (i) California Constitution Article I, § 19; (i) the California Eminent Domain Law (Code Civ. Proc., §§ 1230.010 et seq.); (iii) the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (42 U.S.C. § 4601 et seq.); (iv) California relocation laws and any implementing regulations (including, but not limited to, Gov. Code, §§ 7260 et seq.); (v) general California eminent domain statutes (including, but not limited to, Gov.
Code, § 37350.5 and §§ 40401 et seq.); and (vi) any other applicable state and federal laws.
4. The Parties agree that, per recommendation of California Department of Transportation District 3 Local Assistance staff, title to any properties acquired within Marysville's jurisdiction shall be in Yuba City's name until such time that both Parties agree in writing that it is appropriate for Yuba City to quitclaim said properties to Marysville.
Marysville shall review and approve the final design plans and specifications for the Improvements prior to bid advertisement by Yuba City. Marysville acknowledges that time is of the essence for the Project and agrees to complete its review of the final design plans and specifications in a reasonably timely period.
6. Yuba City shall review and approve the final design plans and specifications for the Project, hereinafter designated "Plans and Specifications," advertise the Project for bid, and award the construction contract for the Project in accordance with applicable law.
7. Yuba City shall notify Marysville of the official advertising dates, bid opening date, construction start date, and overall construction schedule. Yuba City shall invite a representative from Marysville to attend pre-construction, Project status, and final walk through meetings.
8. Yuba City shall incorporate any Marysville encroachment permit requirements into the Plans and Specifications and provide Marysville with the opportunity to inspect the Improvements for general conformity with the approved plans and specifications.
9. Change orders for the Improvements must receive Marysville's written approval prior to execution. Yuba City shall notify Marysville of any potential change orders and shall furnish a copy of any proposed change order relating to the Improvements in a reasonably timely manner. Marysville shall review and respond to the proposed change order(s) in a reasonably timely manner.
10. Yuba City shall record a Notice of Completion for the Project and/or the Improvements, and provide Marysville's City Clerk with a certified copy of the recorded Notice of Completion. Upon receipt of such Notice of Completion, Marysville shall accept full maintenance and upkeep responsibilities in accordance with the Joint Resolution.
11. Yuba City shall cause its contractor for the Project and/or Improvements to warranty the Improvements against defects in workmanship and materials for a minimum period of one (1) year from the date of acceptance of the Improvements by Yuba City. It is further agreed that Yuba City shall assume the responsibility for causing the Improvements to be restored to full compliance with the Plans and Specifications, including any test requirements, for any portion of the Improvements which during said one (1) year period are found by a competent authority not to conform with the Plans and Specification, to the extent such failure to conform results from negligent actions or willful misconduct of Yuba City or its contractor. This warranty is in addition to any and all other warranties, expressed or implied, from Yuba City contractors or material manufacturers with respect to the Improvements. The warranty and obligations under this section shall in no way be relieved by Marysville's inspection and/or approval of the Improvements. This section sets forth the entire agreement of Yuba City with respect to warranties for the Improvements, but this section shall in no way limit any expressed or implied warranties of other persons with respect to the Improvements.
12. Yuba City shall be responsible for securing all Highway Bridge Program, High Priority Project, State Transportation Improvement Program, and Regional Surface Transportation Program funding available for the Project. The Parties agree that any local match funding required by these programs, or any other local share of funding not covered by State or federal funding sources, will be treated as Major Maintenance relative to the Joint Resolution and any cost liability to Marysville for the Project will be determined through future actions pursuant to the Joint Resolution.
13. Yuba City hereby agrees to defend, indemnify and hold Marysville and its directors, officials, officers, agents and employees free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, to persons or property, including wrongful death, in any manner arising out of or incident to any negligence or willful misconduct of Yuba City, its directors, officials, officers, agents and employees in performance of this Agreement, including Yuba City's exercise of eminent domain and relocation obligations in the acquisition of any property necessary for the Project and/or Improvements as more particularly set forth in Section 3 of this Agreement, or the construction, use, maintenance, or operation of the Improvements.
14. Marysville hereby agrees to defend, indemnify and hold Yuba City and its directors, officials, officers, agents and employees free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, to persons or property, including wrongful death, in any manner arising out of or incident to any negligence or willful misconduct of Marysville, its directors, officials, officers, agents and employees in performance of this Agreement or the construction, use, maintenance, or operation of the Improvements.
15. Yuba City shall cause its contractors to obtain insurance coverage for the Improvements sufficiently broad to insure the matters set forth in this Agreement, and shall include Marysville and its directors, officials, officers, agents and employees as an additional insured on all such insurance policies. As evidence of such insurance coverage, Yuba City shall, prior to commencement of construction of the Improvements, provide Marysville with certificates of insurance and insurance endorsements in forms and in amounts that are acceptable to Marysville.
16. This Agreement shall, unless terminated earlier by either Party pursuant to this section, automatically terminate upon the date that Yuba City provides Marysville with the recorded Notice of Completion. Either Party may terminate this Agreement, for cause, based on a material breach by the other Party, following written notice of such breach to the other Party and a reasonable opportunity for cure. In addition, either Party may terminate this Agreement, without cause, provided the terminating Party provides at least sixty (60) days advance written notice to the other Party and the non-terminating Party has not expended any funds in reliance on this Agreement.
17. This Agreement may be amended only by the signed mutual written consent of both Parties.
18. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
19. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement.
20. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns.
21. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
22. This Agreement is to be governed by the laws of the State of California.
Venue for any actions brought pursuant to this Agreement shall be in Sutter County.
IN WITNESS WHEREOF, the Parties have executed this Cooperative Agreement as of the Effective Date specified above.
City of Marysville ity of Yuba Cit
By:
Walter K. Munchheimer, City Manager Steven C. Kroeger, City Manager APPROVED AS TO FORM: APPROVED AS TO FORM:
By:_
Timothy P. Hayes, City Attorney
EXHIBIT A
5TH STREET BRIDGE REPLACEMENT PROJECT
YUBA CITY
PAPTH STREET BRIDGE
YUBA CITY
LEGENU
MARYSVILLE B NEW BRIDGE UNDERCROSSINO
CLASS 1 MULTI-USE PATH
IMPROVED LEVEE ACCESS
IMPROVED PAKKING
T. BRIDGE REMOVAL
RETAINING WALLS
PUBLIC RIGHT OF WAY
-•R• PRIVAIE PAKLCL.
•• EMBANKMENT FILL/CUT
INTERSECTION CONTROL
STOP CONTROU
EXHIBIT A
COOPERATIVE AGREEMENT
YUBA CITY AND MARYSVILLE
PREPAR " DE DOKKEN
TINRERINO
EXHIBIT "B"
RECORDING REQUESTED BY:
2017-016796
Kimberly E. Hood
12/22/2017 10:58 AM
***Conformed Copy***
WHEN RECORDED MAIL TO:
Kimberly E. Hood
Best Best & Krieger LLP County Star and Record r
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
SPACE DIRECTLY ABOVE RESERVED FOR RECORDER'S USE
FINAL ORDER OF CONDEMNATION
Leadpage.doc 11/01/2010
)
1 KIMBERLY E. HOOD, Bar No. 229195 Exempt from Filing Fees Per [email protected] Government Code § 6103
2 MARK A. EASTER, Bar No. 143435
[email protected] DEC 1 2 2017
3 BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
4 Sacramento, California 95814 FU A COUNTER OR COUNT DO Telephone: (916) 325-4000
5 Facsimile: (916) 325-4010
uT. Bullet
TIMOTHY P. HAYES, Bar No. 66154
City Attorney
MARTINEZ HAYES & HILL LLP
471 Century Park Drive, Ste. C
Yuba City, CA 95991
Telephone: (530) 674-9999
Facsimile: (530) 671-0990
10 Attorneys for Plaintiff
CITY OF YUBA CITY
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF YUBA
14 CITY OF YUBA CITY, a municipal Case No. YCSCCVED 16-001336 corporation,
Plaintiff, FINAL ORDER OF CONDEMNATION
17 V.
18 APN: 010-156-005 AND 010-156-006
BRENDA L. GISI, Successor Trustee of
the LYLE D. GISI TRUST dated July 15, Complaint Filed: November 7, 2016 20 2004; REX ALLEN PHARIS, Successor
Trustee of the ROY EUGENÉ PHARIS
21 LIVING TRUST; CALIFORNIA CHECK
CASHING STORES, INC.; DOES 1
22 through 100, inclusive; and ALL
PERSONS UNKNOWN CLAIMING AN
23 INTEREST IN THE PROPERTY,
24 Defendants.
25 26
27 28
82490.00038130351360.1
FINAL ORDER OF CONDEMNATION (APNs 010-156-005 & 010-156-006 1 FINAL ORDER OF CONDEMNATION
2 Judgment having been entered in the above-entitled action, and it appearing to the 3 satisfaction of the Court that Plaintiff City of Yuba City ("City"), pursuant to said Judgment, 4 (a) is the lead agency for the design and construction of the 5* Street Bridge Replacement 5 Project and is vested with the authority to acquire that certain real property located at 426J Street 6 and 1000 5th Street in the City of Marysville, County of Yuba, California, identified as Yuba 7 County Assessor Parcel Nos. 010-156-005 and 010-156-006 (Property"), which is more 8 particularly described and depicted in "Exhibit A," attached hereto and incorporated herein, for the Project by Government Code sections 37350.5, 40401 and 40404, Code of Civil Procedure 10 sections 1240.050 and 1240.140, and Streets & Highways Code section 1394, as well as City of 650 11 Marysville Resolution No. 2016-26 and the Cooperative Agreement by and between the City of 12 Marysville and City of Yuba City for Design and Construction of the Project; and LAW OFFICES I SACRAMENTO, CALIFORNIA 958|4 13 (b) has paid to the record owners - Defendants BRENDA L. GISI, as Successor Trustee of BEST BEST KEEPER 400 CAPITOL MALL, SUITE I
14 the Lyle D. Gisi Trust dated July 15, 2004, and REX ALLEN PHARIS, Successor Trustee of the 15 ROY EUGENE PHARIS LIVING TRUST - the total sum stipulated by these Defendants and 16 awarded by the Court as just compensation and payment for all claims or demands against the 17 City on account of the taking of Property,
18 And it further appearing to the Court that Defendant California Check Cashing Stores, Inc. 19 executed a Disclaimer of Interest, waiving any right, title, or possession in the Subject Property 20 described in the Complaint in Eminent Domain, and further disclaiming any right to share in the 21 compensation awarded in this action,
22 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Property is 23 condemned to the City for the use and purposes set forth in CITY's Complaint in Eminent 24 Domain and resolution of necessity, Resolution No. 16-057, including for the construction, 25 installation and maintenance of the 5t* Street Bridge Replacement Project and for such other uses 26 as are permitted pursuant to Government Code sections 37350.5 and 40404 and Code of Civil 27 Procedure sections 1240.050, 1240.110, 1240.120 and 1240.140. All interest of the Defendants 28 in and to the Property is hereby terminated.
82490.00038130351360.1 - 1-
FINAL ORDER OF CONDEMNATION (APNs 010-156-005 & 010-156-006) •.
1 IT IS FURTHER HEREBY ORDERED, ADJUDGED, and DECREED that title to the 2 Property, which is being acquired in fee, shall vest in the City on the date that a certified copy of 3 this Final Order of Condemnation is recorded in the Office of the Recorder of Yuba County, 4 California. All liens, charges, conditions, and restrictions on the Subject Property being acquired 5 in fee are extinguished, including without limitation all real property taxes, assessments, penalties 6 and costs from and after April 3, 2017, the date on which the City was entitled to take possession of the Property.
8 9
10 12/12 STEPHENW. BERRIER
Dated: _ 2017
11 12
LAW OFFICES OF BEST BEST & KRIEGER LLP 400 CAPITOL MALL, SUITE 1650 SACRAMENTO, CALIFORNIA 958|4 13 14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 82490.00038130351360.1 - 2-
FINAL ORDER OF CONDEMNATION (APNs 010-156-005 & 010-156-006)
EXHIBIT A
..'°
•
EXHIBIT A
The ended sed to is tuated in the county of Yuba, cly or Maryl, State of altonia, and Lot 5 and 6 in Black 2, Range "K", as shown upon the Offcal Map of the City of Marysille, approved March 22, 1856, and now on file in the Office of the County Recorder of the County of Yuba, State of Callfornia.
APN: 010-156-005-000 and 010-156-006-000
Exhibit A
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NOTICE: This is neilher a plat nor a survey. it is
fumished merely as a convenience to aid you in locating the land indicated hereon with reference to streets and other land. No labilty is assumed by reason of any
rellance hereon."
Exhibit A
....
The foregoing instrument Is a correct copy of the
orlginal on file or of reçord do this office.
YUP ATTEST:
JONNIE SLOAN, Clerk of the Su
STATE OF CAMPAIN SEAL
Court Clerk
EXHIBIT "C"
5"' Street Bridge Replacement Project
Gisi Property
APNs: 010-156-005 & 006
ASSESSOR'S PARCEL MAP
POR. OLD CITY
10-15
3010 2- - PARCEL • E
İ SIXTH ABANCUNDO.
404/303 0 4 ST. 3
-ST-S- 100-
FRAVC.IN SQUARE
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CITY OF MARYSVILLE
Assessor's Mop Bk. 10- Pg. 1:
County of Yube, Calli
Bk. 20, Pg. 26
RS. - Bk. F0 Po. 35 TE - Assessors Bigga Numbers Stoan in Eilio Sesses arter subars Shoe scie
BRI 14087 17
BENDER ROSENTHAL, INC._
CITY OF YUBA CITY
RIGHT OF WAY EXHIBITS
62 APN 010-156-005, 010-156-006
PROJECT
5TH STREET 61
5TH STREET BRIDGE REPLACEMENT
60 PROJECT
LEGEND
PARCEL ( BOUNDARY
FEE TAKE
PUBLIC UTILITY EASEMENT (FUE) |
TEMPORART CONSI• CASEMENI (ICE)
RELOCATE FACILITY
PARCEL AREA: ACRES (SQFL)
TOTAL: 0.58 (25,470)
FEE: 0.58 (25,470)
PUE: 0.06 (2,648)
SMOG CHEL CASTANG
6' LANDSCAPE STRIP
WITH LOW SHRUBS STOR SE
REMOVE
010-156-005 - RELOCATE
BUILDING
010-156-006 CHECK CASHING
PUBLIC ALLEY
GISI LYLE D
7 TO 1 SMOG
010-156-008
010-156-009
UNION PACIFIC RR
RELOCATE
7 TO 7 SMOG STREET
YUBA CITY MARYSVILLE
OMIT DRIVEWAY DUE TO
HIGH VOLUME MOVEMENT 09L LOCATION MAP
AND LANE WEAVING NO SCALE
SLALE: 1"= 30'
DATE: JULY 2016
010-156-004
PREPAREDURYII
THE SALVATION ARMY DEDOKKEN
JENGINEERING
010-156-007
UNION PACIFIC RR
...M1858_ROW_010-156-005.006_ful1-fee.don