STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT – STATE HIGHWAY
Partial Acquisition
Caltrans Reference: 07-81627
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DISTRICT COUNTY ROUTE POST MILE EXPENSE AUTHORIZATION / PROJECT ID 7 LA 1 19.52 32580 / 0716000090
DATE TYPE
Permanent Highway Easement
GRANTOR
The City of Redondo Beach
PROPERTY ADDRESS APN
321 North Pacific Coast Highway Redondo Beach, CA
90277 a portion of 7503-028-904
This agreement (the “Agreement”) is made by and between the State of California, Department of Transportation (the “State”), and The City of Redondo Beach (the “Grantor”), collectively, the “Parties”, for the purchase of certain property interests described herein.
Document Numbers 81627 in the form of a Highway Easement Deed, covering the parcel particularly described on the map identified as Exhibit “A” attached hereto and made a part hereof, has been executed and delivered to Rebecca Udokop, Right of Way Agent for the State.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. The Parties herein:
(A)Have set forth the whole of their Agreement. The performance of this Agreement constitutes the entire consideration for the property described in the documents above and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade, or construction of the proposed public improvement.
(B) Recognize the State requires the property being acquired for State highway purposes, a public use for which State has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and the State is compelled to acquire the property. (C) Recognize the expense, time, effort, and risk to both Parties in determining the compensation for the property being acquired in this transaction by eminent domain litigation. The compensation set forth herein for the property being acquired in this transaction is in compromise and settlement, in lieu of such litigation.
(D)The Parties to this agreement 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-NonDiscrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT – STATE HIGHWAY
Partial Acquisition
Caltrans Reference: 07-81627
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C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(E) 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 agreement.
2. The State shall pay Grantor the sum of fifty thousand one hundred fifty dollars ($50,150.00) for the property interests conveyed hereby. The State shall pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the State, the premium charged, therefore.
3. It is understood and agreed that:
(A)The State requires a portion of Grantor’s property located at 321 North Pacific Coast Highway Redondo Beach, CA 90277 to facilitate construction of a State Highway project. The State’s highway project proposes to: construct and reconstruct new and existing curb ramps along State Route 1, commonly known as Pacific Coast Highway (PCH). (B) The State or its authorized agent is granted permission to enter upon Grantor’s land where necessary within that certain area shown in Exhibit “A”. The State’s acquisition involves a 405 sf Highway Easement.
4. The Grantor herein warrants that it is the owner of the property affected by the Highway Easement described above and that it has exclusive right to grant this Highway Easement. The Grantor further agrees to indemnify the State against all adverse claims, and to pay the State’s legal fees and all other expenses resulting from knowingly and falsely claiming ownership of the property referred to in this agreement.
5. It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the property referred to in this agreement by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2 herein is paid to the Grantor. 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.
6. State agrees to indemnify, defend, and hold harmless the Grantor from liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any liability or damages proximately caused by reason of State’s operations under this agreement and the work and State will, at its option, either repair or pay for such damage.
7. All work done under this agreement shall conform to all applicable laws, ordinances, and regulations relating to such work, and shall be done in good and workmanlike manner. The State or its authorized contractor shall obtain all required permits and licenses prior to performing any STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT – STATE HIGHWAY
Partial Acquisition
Caltrans Reference: 07-81627
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work hereunder.
8. The payment in Clause 2 above reflects the fair market value of the parcel without the presence of contamination. If the parcel being acquired is found to be contaminated by the presence of hazardous waste, which requires mitigation under federal or state law, the State may elect to recover its cleanup costs from those who caused or contributed to the contamination.
9. Should the property be materially destroyed by fire, earthquake or other calamity without the fault of either Party, this agreement may be rescinded by State; in such an event, State may reappraise the property and make an offer thereon.
10. The Grantor agrees that no improvements, other than those already on the Highway Easement, shall be placed thereon; and the planting of any crops, trees or shrubs, or alterations, repairs, or additions to existing improvements, which may hereafter be placed thereon, are at the Grantor’s risk and without expectation of payment if removed by the State.
11. Grantor warrants that there are no oral or written leases on all or any portion of the Highway Easement exceeding a period of one month, and the Grantor agrees to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month.
12. It is agreed that the net proceeds of the amount payable Clause 2 above shall be payable as follows:
The City of Redondo Beach
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT – STATE HIGHWAY
Partial Acquisition
Caltrans Reference: 07-81627
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13. Any written and verbal communications shall be sent to the Grantor at:
The City of Redondo Beach
Attn: Andrew S. Winje
415 Diamond Street
Redondo Beach, CA 90277
310-318-0661 x2431
14. In the event Grantor’s contact information changes or the property transfers title, Grantor shall notify State in writing of such occurrence as follows:
State of California
Department of Transportation, District 7
Right of Way Acquisition Branch A
100 S. Main Street, MS 6
Los Angeles, CA 90012
Attention: Rebecca Udokop, Right of Way Agent
Phone: (213) 269-0097
15. This transaction will be handled through an internal escrow with the Department of Transportation, 100 South Main Street, Los Angeles, CA 90012.
Remainder of this page intentionally left blank, and signatures are contained on following page.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT – STATE HIGHWAY
Partial Acquisition
Caltrans Reference: 07-81627
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In WITNESS WHEREOF, the Parties have executed this agreement the day and year first above written.
State of California
Department of Transportation
Recommended for Approval:
Grantor:
The City of Redondo Beach
By: ______________________________________
Rebecca Udokop, Right of Way Agent
Right of Way Acquisition, Branch A
By: ____________________________________
Name:
Title: Mayor
By:_________________________________________
Kathrine Bryan, Acting Senior Right of Way Agent
Right of Way Acquisition Branch A
State of California
Department of Transportation
Approved:
By:____________________________________
Mark A. Lyles, Office Chief
Division of Right of Way & Right of Way
Engineering, Acquisitions, Condemnation,
Local Programs, and Railroads
No Obligation Other Than Those Set Forth Herein Will Be Recognized Exhibit “A”
Right of Way Appraisal Map
V:\2042\active\2042586502\drawing\exhibit_files
32580_Seg-1_PM_18-21_StantecAM.dwg
VICINITY MAP
NOT TO SCALE
STATE OF CALIFORNIA
CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
(FOR APPRAISAL PURPOSE ONLY)
(APN # 7503-028-904)
PARCEL# T. CODE GRANTOR TOTAL* REQUIRED* EXCESS* REVISIONS DISTRICT COUNTY ROUTE TOTAL SHEETS SHEET PM SHEET NO.
EA: REF MAP NO. DRAWN BY: RWPS:
1 11
SAH
7 LA 19.52
JDN
81627-1 HE
32580 P2-3578
CITY OF REDONDO BEACH
COUNTY OF LOS ANGELES
NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or completeness of digital images of this map.
Coordinates and bearings are on CCS 83 Zone 5. Distances and stationing are grid distances.
Divide by 1.00006032 to obtain ground distances. All distances are in feet unless otherwise noted.
PACIFIC
COAST
HIGHWAY
*AREAS IN SQUARE FEET
"TOTAL" = L.A.CO. ASSESSOR'S "USEABLE AREA"
COPYRIGHT 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION.
ALL RIGHTS RESERVED.
P.O.C.
T.P.O.B.
CITY OF REDONDO BEACH 405'
81627-1
REMAINDER* REMARKS
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